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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-03
Status Open
Type Minority Shareholder's Suit
Docket 193 entries

Parties

Plaintiff Julie B. Powell, Individually And Derivatively On Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust
Defendant Felix Gonzalez Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust|Cushman, Mary Ellen

Lawyers

Docket Entries

  1. otice of Entry of appeal received from the Appeals Court In accordance with Massachusetts Rule of Appellate Procedure 10(a)(3), please note that the above-referenced case (2025-P-0916) was entered in this Court on July 28, 2025.
  2. ivil action cover sheet filed.
  3. ase assigned to: DCM Track A - Average was added on 08/03/2023
  4. ervice Returned for Applies To: Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust (Defendant)
  5. ervice Returned for Applies To: Cushman, Mary Ellen (Defendant)
  6. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Notice of Appearance
  7. nswer to original complaint Applies To: Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust (Plaintiff); Cushman, Mary Ellen (Defendant)
  8. ttorney appearance On this date Michael P Dickman, Esq. added for Defendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust
  9. ttorney appearance On this date Michael P Dickman, Esq. added for Defendant Mary Ellen Cushman
  10. nopposed Motion of Attorney Michael Dickman to Withdraw from Representation of Defendants Felix Gonzalez-Goenaga Individually and as Trustee of the 71 Hulburn Street Condominium Trust and Mary Ellen Cushman
  11. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion for Failure to State a Claim upon which Relief can be Granted Mass.R.Civ.P.12(b)(6)
  12. elix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Memorandum in support of Motion to Dismiss Plaintiff's "Verified Complaint" for Failure to State a Claim upon which Relief can be Granted Mass.R.Civ.P.12(b)(6)
  13. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion for Case-Specific Management pursuant to Superior Court Rule 20
  14. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion for Failure to State a Claim Upon Which Relief Can Be Granted Mass.R.Civ.P.12(b)(6)
  15. elix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Memorandum in support of motion to dismiss Plaintiff's "verified complaint" for failure to state a claim upon which relief can be granted Mass.R.Civ.P.12(b)(6)
  16. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion for Case-Specific Management pursuant to Superior Court Rule 20
  17. ndorsement on Motion for Failure to State a Claim upon which relief can be granted Mass. R. Civ. P. 12(b)(6) (#10.0): DENIED Defendant's Motion is DENIED without prejudice for failure to comply with procedures set forth under Rule 9A, specifically Rule 9A(b) which allows for service of opposition to Motions before filing with the Court. (Dated 12/7/2023) Notice sent 12/11/2023.
  18. vent Result:: Motion Hearing scheduled on: 12/13/2023 10:00 AM Has been: Held as Scheduled Comments: defendants given two weeks to secure counsel. Hon. Adam Sisitsky, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  19. ndorsement on Motion of Attorney Michael Dickman to Withdraw from Representation of Defendant Felix Gonzalez-Goenaga and Mary Ellen Cushman (#6.0): ALLOWED After hearing with all parties present motion allowed. Defendants given two weeks to obtain counsel. (Dated 12/13/23) Notice sent 12/14/23
  20. ttorney appearance On this date Michael P Dickman, Esq. dismissed/withdrawn for Defendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Defendant Mary Ellen Cushman.
  21. ttorney appearance electronically filed.
  22. ttorney appearance electronically filed.
  23. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion for Failure to State a Claim upon which Relief can be Granted Mass.R.Civ.P.12 (b) (6)
  24. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion to Compel Responses to first set of Interrogatories and first request for production of documents of defendants
  25. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of Motion to Compel Responses to first set of Interrogatories and first request for production of documents of defendants
  26. pposition to plaintiff's Motion to Compel filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  27. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Submission of Rule 9C Certification
  28. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Notice of Filing
  29. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Submission of Rule 9A List
  30. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Certificate of Service
  31. EMORANDUM & ORDER: Memorandum of Decision and Order on Plaintiff's Motion to Compel See paper #17 SO ORDERED. (Dated 3/14/2024) Judge: Gordon, Hon. Robert B Notice Sent 3/15/24
  32. vent Result:: Rule 12 Hearing scheduled on: 04/30/2024 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. Adam Sisitsky, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  33. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion to Compel Responses To The First Set Of Interrogatories And First Request For The Production Of Documents To Plaintiff
  34. vent Result:: Rule 12 Hearing scheduled on: 04/22/2024 02:00 PM Has been: Held as Scheduled Hon. Adam Sisitsky, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  35. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion to compel Responses to Second Request for Production of Documents to Defendants
  36. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of Plaintiff's Motion to Compel Response to Second Request for Production of Documents
  37. ule 9C Certification, Rule 9A Affidavit, Notice of Filing, Rule 9A List, Certificate of Service
  38. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion to Amend Verified Complaint
  39. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of Motion to Amend Verified Complaint
  40. equest for Hearing, Rule 9C Certification, Rule 9A Affidavit, Notice of Filing, Rule 9A List, Certificate of Service
  41. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion for Approval of Real Estate Attachment
  42. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of motion for approval of real estate attachment
  43. ffidavit of Jeffrey D. Ugino, Esq. in Support of Plaintiff's motion for real estate attachment
  44. ule 9C Certification, Rule 9A Affidavit, Notice of Filing, Rule 9A List, Certificate of Service
  45. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Request for hearing
  46. pposition to Plaintiff's Second Request for the Production of Documents to Defendants filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  47. pposition to Plaintiff's Motion for Real Estate Attachment filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  48. ndorsement on Motion to Compel Responses To The First Set Of Interrogatories And First Request For The Production Of Documents To Plaintiff (#18.0): DENIED After review of the parties' submissions and a hearing at which all parties were present, the Defendant's Motion to Compel is DENIED. (dated 4/30/24) Notice Sent 5/3/24
  49. ndorsement on Motion to compel Responses to Second Request for Production of Documents to Defendants (#19.0): ALLOWED Upon review of the parties' submissions, the Plaintiff's Motion to Compel is ALLOWED. (dated 4/30/24) Notice Sent 5/3/24
  50. ndorsement on Motion for Failure to State a Claim upon which Relief can be Granted Mass.R.Civ.P.12 (b) (6 (#13.0): DENIED accepting as true, all factual allegations in the complaint and drawing reasonable inferences there from in the plaintiff's favor, the court finds that plaintiff sufficiently states claims on which relief may be granted and accordingly the motion to dismiss is denied. in its entirety. dated (4/30/24) Notice sent 5/3/24
  51. ffidavit of Julie B Powell to Supplement Motion for Approval of Real Estate Attachment
  52. eply/Sur-reply To Defendant's Opposition To Motion For Approval Of Real Estate Attachment
  53. ffidavit of Defendants Felix Gonzalez Goenaga and Mary Ellen Cushman in Opposition of the Plaintiff's Affidavit to Supplement Motion for Approval of Real Estate Attachment
  54. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's EMERGENCY Motion for Hearing on Plaintiff's Motion for Approval of Real Estate Attachment
  55. pposition to Plaintiff's Emergency Motion for Approval of Real Estate Attachment filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  56. vent Result:: Motion Hearing scheduled on: 06/14/2024 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. Adam Sisitsky, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  57. vent Result:: Motion Hearing scheduled on: 06/17/2024 02:00 PM Has been: Held as Scheduled Hon. Adam Sisitsky, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  58. RDER: Order on Motion for Approval of Real Estate Attachment and Motion to Amend Verified Complaint (Dated: 6/21/24) (Parties Notified by Email 6/24/24)
  59. mended: First amended complaint filed by Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust
  60. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Certificate of Service
  61. etter to the Defendant's Applies To: Ugino, Esq., Jeffery D (Attorney) on behalf of Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust (Plaintiff)
  62. nswer to amended complaint Applies To: Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust (Defendant)
  63. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion for Summary Judgment Mass. R. Civ. P. 56
  64. elix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Memorandum in support of Motion for Summary Judgment Mass. R. Civ. P. 56
  65. efendant's Affidavit in Support of Defendant's Motion for Summary judgment
  66. ertificate of Service
  67. otice of Filing
  68. ule 9A List
  69. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Statement of Undisputed Material Facts Superior Court Rule 9A(b)(5)(I)
  70. xhibits/Appendix Exhibits for Undisputed Statement of Facts
  71. ule 9A Affidavit
  72. xhibits/Appendix Letter from Mr. Ugino
  73. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Submission of Letter to the Plaintiff
  74. ertificate Of Service
  75. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's EMERGENCY Motion to strike Defendants' Motion For Summary Judgment And Related Documents
  76. ffidavit of Jeffrey D. Ugino, Esq.
  77. ule 9A(d)(1) Certification
  78. vent Result:: Motion Hearing scheduled on: 08/01/2024 02:00 PM Has been: Not Held For the following reason: By Court prior to date Comments: motions ruled on the papers Hon. Michael D Ricciuti, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  79. ndorsement on Motion to strike Defendants' motion for summary judgment and related documents (#41.0): ALLOWED After review, Allowed. Rules 9A and 9C have not been complied. Further, Defendants as pro se litigants are not authorized to represent a trust. Only a lawyer can represent a trust. See Wilbur v. Tunnell, 98 Mass. App. Ct. 19, 23 (2020). (Dated 7/23/24)
  80. ndorsement on Motion for Summary Judgment Mass. R. Civ. P. 56 (#37.0): DENIED Denied - See Order of this date. (dated 7/23/24) Notice sent by email
  81. vent Result:: Conference to Review Status scheduled on: 08/01/2024 02:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  82. vent Result:: Conference to Review Status scheduled on: 09/05/2024 02:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  83. vent Result:: Conference to Review Status scheduled on: 10/01/2024 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  84. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion for Rule 37 Sanctions and Request for Attorney's Fees
  85. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of Motion for Rule 37 Sanctions and Request for Attorneys Fees
  86. pposition to Plaintiff's Motion for Rule 37 Sanctions and request for Attorney Fees filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  87. eply/Sur-reply Reply to Defendants' Opposition to Plaintiff's Motion for Rule 37 Sanctions and Request for Attorney's Fees
  88. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Submission of Rule 9C Certification
  89. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Notice of filing
  90. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Submission of Rule 9A List
  91. vent Result:: Conference to Review Status scheduled on: 10/03/2024 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  92. RDER: Defendants' request for additional time to find counsel for the Trust is ALLOWED. The Court will conduct a status conference and hear plaintiff's motion for sanctions (Docket No. 43) on October 31, 2024, at least as against the defendants individually. If the Trust fails to appear at that time through counsel, the Court will entertain a motion for a default of the Trust or otherwise address the situation. The Court will also set a scheduling order for this case at that time. (See P#50 for co SO ORDERED. Dated: October 1, 2024 Parties notified by email. 10/01/24
  93. vent Result:: Motion Hearing scheduled on: 10/31/2024 02:00 PM Has been: Held as Scheduled Hon. Robert L Ullmann, Presiding Staff: Beatriz E Van Meek, Assistant Clerk Magistrate
  94. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion for Approval of Real Estate Attachment (Renewed Motion)
  95. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of motion for approval of real estate attachment
  96. ffidavit of Jeffery D. Ugino, Esq. in support of Plaintiff's Motion for real estate attachment
  97. pposition to Plaintiff's Renewed motion for real estate attachment filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  98. ule 9C Certification, Rule 9A Affidavit, Notice of Filing, Rule 9A List, Certificate of Service
  99. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Request for Hearing
  100. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion for Default Judgment Pursuant to Mass.R.Civ.P. 55(b)
  101. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of Motion for Default Judgment pursuant to Mass.R.Civ.P. 55(b)
  102. pposition to Plaintiff's Motion for Default Judgment filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  103. ule 9C Certification, Rule 9A Affidavit, Notice of Filing, Rule 9A List, Certificate of Service
  104. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Request for Hearing
  105. vent Result:: Conference to Review Status scheduled on: 01/14/2025 02:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding Staff: Brenda Shisslak, Assistant Clerk Magistrate
  106. ffidavit CERTIFYING THAT THEY ARE NOT TRANSFERRING, CONVEYING, OR ENCOMBERING THEIR PROPERTY Applies To: Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust (Plaintiff); Pro Se (Attorney) on behalf of Cushman, Mary Ellen, Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust (Defendant)
  107. RDER: Plaintiff's Motion to Default the trust, Docket No. 55, is ALLOWED. Plaintiff's Renewed Motion for Approval of Real Estate Attachment, Docket No. 54, is DENIED, as there appears to be no danger that the defendants may sell or transfer their condominium unit prior to judgment in this action. Plaintiff's Motion for Rule 37 Sanctions and Request for Attorneys' Fees, Docket No. 43, is ALLOWED IN PART, as attorneys' fees are awarded. The Court finds that the Defendants have willfully failed or refused to comply with their obligations to produce discovery they were ordered to produce and that was reasonably available to them. Plaintiff shall file pursuant to Rule 9a and 9C a request for attorney fees.
  108. ule 9A List
  109. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion for Summary Judgment Mass.R.Civ. P. 56
  110. elix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Memorandum in support of Renewed Motion for Summary Judgment Mass.R.Civ. P. 56
  111. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Statement of Undisputed Material Facts Superior Court Rule 9A(b)(5)(i)
  112. otice of Filing
  113. ffidavit of Compliance with Rule 9A
  114. efendants' Affidavit in Support of Defendants' Motion for Summary Judgment
  115. ertificate of Service
  116. uperior Court Rule 9C Certification
  117. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion to Strike Defendants' Second Motion for Summary Judgment and Related Documents
  118. pposition to Plaintiff's Motion to Strike filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  119. xhibits/Appendix Exhibit Index
  120. xhibits/Appendix Joint Appendix
  121. xhibits/Appendix
  122. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion for Attorney Fees
  123. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of Plaintiff's Motion for Attorney Fees
  124. ffidavit of counsel in Regard to Attorneys' Fees
  125. pposition to Plaintiff's Motion for Attorney Fees filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  126. ule 9A Affidavit, Rule 9C Certification, Notice of Filing, Rule 9A List, Certificate of Service
  127. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion for Relief Requested Pursuant to Assessment of Damages
  128. ulie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Memorandum in support of Motion for Relief Requested pursuant to Assessment of Damages
  129. ffidavit of Counsel in Regard to Attorneys' Fees
  130. pposition to Plaintiff's Motion for Relief pursuant to Assessment of Damages filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  131. ule 9C Certification, Rule 9A Affidavit, Notice of Filing, Rule 9A List, Certificate of Service
  132. roposed Filings/Orders Proposed Judgment
  133. ffidavit Of Counsel In Regard To Attorneys' Fees
  134. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Submission of Letter To Court RE: Ex-parte Communications Between Mr. Ugino and Superior Court Clerk. Abusive Block Billing Practices
  135. xhibits/Appendix
  136. upplemental Affidavit Of Plaintiff Julie B. Powell In Support Of Plantiff's Motion For Relief Requested Pursuant To Assessment Of Damages
  137. ffidavit Of James McCarty In Support Of Plaintiff's Motion For Relief Requested Pursuant To Assessment Of Damages
  138. upplemental Affidavit of Adam Kasper in support of Plaintiff's Motion for Relief Requested Pursuant to Assessment of Damages
  139. vent Result:: Rule 56 Hearing scheduled on: 02/25/2025 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding
  140. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Submission of Letter to Court RE: Motion to Continue
  141. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Submission of Letter to Court RE: Communication
  142. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Motion to reschedule March 17, 2025 Hearing
  143. pposition to the plaintiff's motion to reschedule the March 27, 2025 Hearing filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  144. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Submission of Rule 9C Certification
  145. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Notice of filing
  146. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Submission of Rule 9A List
  147. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Certificate of Service
  148. ffidavit Opposing Plaintiff's Supplemental Affidavit In Support Of Her Motion For Relief Applies To: Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust (Defendant); Cushman, Mary Ellen (Defendant)
  149. efendants' Rule 9A List Applies To: Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust (Defendant); Cushman, Mary Ellen (Defendant)
  150. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Motion for Summary Judgment MRCP 56
  151. elix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Memorandum in support of Renewed Motion for Summary Judgment MRCP 56
  152. pposition to Defendants' Second Motion for Summary Judgment filed by Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust
  153. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Response to Plaintiff's Opposition to Defendants' Second Motion for Summary Judgment
  154. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Statement of Undisputed Material Facts Superior Court Rule 9A(b)(5)(i)
  155. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Notice of Filing
  156. efendants' Affidavit of Compliance with Rule 9A Applies To: Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust (Defendant); Cushman, Mary Ellen (Defendant)
  157. ffidavit in Support of Defendants' Motion for Summary Judgment Applies To: Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust (Defendant); Cushman, Mary Ellen (Defendant)
  158. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Certificate of Service
  159. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Certificate of Rule 9C
  160. xhibits/Appendix Updated Exhibit Index
  161. xhibits/Appendix Joint Appendix
  162. xhibits/Appendix Exhibit H
  163. xhibits/Appendix Exhibit I
  164. xhibits/Appendix
  165. laintiffs Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Submission of Updated Exhibit Index
  166. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Submission of Letter to the Court
  167. xhibits/Appendix
  168. vent Result:: Motion Hearing scheduled on: 03/17/2025 02:00 PM Has been: Held as Scheduled Hon. Michael D Ricciuti, Presiding
  169. laintiff's Supplemental Memorandum re: Superior Court's Jurisdiction Concerning Trustee Status and Actions Applies To: Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust (Plaintiff)
  170. esponse to plaintiff's bench memorandum filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  171. onference Memorandum Plaintiff's Pretrial Conference Memorandum
  172. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Submission of Letter to the Court RE: Plaintiff's Proposed Pretrial Memorandum
  173. xhibits/Appendix Exhibit 1
  174. vent Result:: Final Pre-Trial Conference scheduled on: 04/10/2025 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding
  175. esponse to Plaintiff's Proposed Pretrial Conference Memorandum filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  176. efendant Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Submission of Letter to the Court
  177. efendants Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman's Request of the Production of Documents and Records to the Plaintiff (Third)
  178. xhibits/Appendix
  179. xhibits/Appendix In reference with Defendant's Filing # 103
  180. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's EMERGENCY Motion to strike Defendants' Letter to the Court dated April 13, 2025
  181. pposition to Plaintiff's "Faux" Emergency Motion to Strike filed by Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust, Mary Ellen Cushman
  182. RDER: Omnibus Memorandum of Decision and Order on Pending Motions Docket #59-Defendants Motion for Summary Judgment-DENIED; Docket #63-Plaintiffs Motion to Strike Defendants Second Motion for Summary Judgment and Related Documents-ALLOWED; Docket #65-Plaintiffs Motion for Attorneys' Fees-ALLOWED in the Amount of $19,120.60 PAYABLE WITHIN 120 DAYS; Docket 69-Plaintiffs Motion for Relief Requested pursuant to Assessment of Damages-ALLOWED in Part. The Court ORDERS (f) Gonzalez-Goenaga, as Trustee, shall IMMEDIATELY and for as long as he serves as Trustee comply with all the terms of the Trust Documents, including but not limited to the Declaration and particularly Article 3.3 requiring unanimous Trustee agreement for any act taken by or on behalf of the Trust; (g) Gonzal-Goenaga, as Trustee, shall forthwith participate with his Co-Trustee, Powell, in an annual meeting pursuant to Article 5.8.2 of the Declaration in person or by video conference and not by email unless both Trustees so agree, on or about February 1 of each year hereafter; (h) Gonzalez-Goenaga, as Trustee, shall Immediately produce to his Co-Trustee Powell, all Trust Records, including but not limited to bank records, Trust expenses, Trustee meeting minutes and Trust Resolutions and all evidence of the Trustee approval for any security cameras; (i) Gonzalez-Goenaga, shall within 120 days from the docketing of this order repay the Trust $12,235.73; (j) every decision made by Gonzalez-Goenaga, as Trustee after November 18,2022 when plaintiff purchased Unit 1 and was entitled to serve as a Trustee, is DECLARED as Void, including but not limited to the following: a. continuing with the maintenance of the common areas as previously described to Plaintiff in November 2022; b. maintaining security cameras, which shall IMMEDIATELY be turned off and disabled and not reactivated unless and until both Trustees so vote. Docket #88-Defendants Renewed Motion for Summary Judgment-ALLOWED in Part. Count III, alleging intentional infliction of emotional distress is DISMISSED. In all other aspects, the motion is DENIED. (parties notified by email 4/17/2025)
  183. vent Result:: Final Pre-Trial Conference scheduled on: 04/22/2025 02:00 PM Has been: Not Held For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding
  184. vent Result:: Final Trial Conference scheduled on: 04/30/2025 02:00 PM Has been: Not Held For the following reason: By Court prior to date Comments: parties have not filed a joint pretrial memo Hon. Michael D Ricciuti, Presiding
  185. vent Result:: Jury Waived Trial scheduled on: 05/07/2025 09:00 AM Has been: Not Held For the following reason: By Court prior to date Hon. Michael D Ricciuti, Presiding
  186. arty(s) file Stipulation of Dismissal (E-filed 5/6/25) as to plff vs deft Count II only without costs and all lrights of appeal waived JUDGMENT Entered on docket pursuant to Mass R Civ P 58(a) as amended and notice sent to parties pursuant to Mass R Civ P 77(d) Applies To: Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust (Plaintiff); Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust (Defendant); Cushman, Mary Ellen (Defendant)
  187. UDGMENT entered on this date.: Summary Judgment MRCP 56 After Hearing Presiding: Hon. Michael D Ricciuti Judgment For: Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust Judgment Against: Felix Gonzalez-Goenaga, Individually And As Trustee Of The 71 Hilburn Street Condominium Trust Terms of Judgment: Interest Begins: 08/03/2023 Jdgmnt Date: 05/08/2025 Interest Rate: .12 Daily Interest Rate: .000329 Damages: Damage Amt: 12235.73 Crt Ord Atty Fee: 19120.60 Judgment Total: 33,948.79 Entered on docket pursuant to Mass R Civ P 58(a) and notice sent to parties pursuant to Mass R Civ P 77(d)
  188. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Notice of Appeal
  189. otice of appeal filed. (See p#110) Notice sent 6/9/25 Applies To: Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust (Plaintiff)
  190. laintiff Julie B. Powell, Individually And Derivatively ON Behalf Of Unit Owners Of The 71 Hilburn Street Condominium Trust's Notice to Court Regarding Transcripts No transcript ordered
  191. ppeal: Statement of the Case on Appeal (Cover Sheet).
  192. otice of assembly of record sent to Counsel
  193. otice to Clerk of the Appeals Court of Assembly of Record

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