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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-09-27
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 24 entries
Disposition case dismissed

Parties

Plaintiff Lawrence, Laurie A.|Lawrence, Jr., Albert E.
Defendant Demichele, Karen

Lawyers

Docket Entries

  1. ase Dismissed by Order of the Court.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 434532 Date: 09/27/2022
  4. and Court surcharge Receipt: 434532 Date: 09/27/2022
  5. and Court summons Receipt: 434532 Date: 09/27/2022
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. laintiffs' Motion for a Preliminary Injunction, filed.
  8. laintiff Laurie A. Lawrence, Albert E. Lawrence, Jr. Memorandum in Support of Preliminary Injunction filed.
  9. ffidavit of Albert E. Lawrence, Jr, filed.
  10. laintiffs' Motion for Short Order of Notice, filed.
  11. otion for Appointment of Special Process Server, filed.
  12. he case has been assigned to the A Track. Notice sent.
  13. he Court has reviewed, and GRANTS, the Lawrences' Motion for Appointment of Special Process Server. The Court DENIES the Lawrences' Motion for Short Order of Notice, in part because the Court questions whether it has subject-matter jurisdiction over the claims the Lawrences have pleaded in their Verified Complaint. The Court nevertheless ORDERS the parties to appear by videoconference on October 11, 2022, at 9:30 AM, for a hearing on the Lawrences' Motion for a Preliminary Injunction. The Court ORDERS Ms. Demichele to file by October 6, 2022, by e-mail sent to the Sessions Clerk and to counsel for the Lawrences, any opposition to the Lawrences' motion. The Court ORDERS the Lawrences (a) to serve on Ms. Demichele, by no later than October 3, 2022, a summons, a complaint, and a copy of this Order; and (b) to file a certificate of such service (by e-mail sent to the Sessions Clerk, with a copy to Ms. Demichele or her counsel should one appear) no later than October 6, 2022. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gregory Jon Fleming, Esq. [email protected] Sent On: 09/27/2022 14:27:06
  14. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 10/11/2022 Time: 09:30 AM
  15. ertificate of Service, filed.
  16. ppearance of Daniel B Walsh, Esq. for Karen Demichele, filed
  17. pposition of the Defendant, Karen Demichele to Plaintiffs' Motion for Preliminary Injunction, filed.
  18. emorandum of Law to Support Opposition to Plaintiffs' Motion for Preliminary Injunction, filed.
  19. ffidavit of Karen Demichele to Support Opposition to Plaintiffs' Motion for Preliminary Injunction, filed.
  20. ffidavit of Peter M. Russell to Support Opposition to Plaintiffs' Motion for a Preliminary Injunction, filed.
  21. ertificate of Service, filed.
  22. laintiffs' Reply in Support of Plaintiffs' Motion for Preliminary Injunction, filed.
  23. earing held by videoconference on the Lawrences' Motion for a Preliminary Injunction. All parties appeared through counsel. After hearing arguments from the parties, the Court HOLDS that the Land Court lacks subject-matter jurisdiction over the Lawrences' claims. The Court thus DISMISSES the Lawrences' complaint without prejudice. SO ORDERED. Judge: Vhay, Hon. Michael D.
  24. vent Resulted: Hearing on Preliminary Injunction scheduled on: 10/11/2022 09:30 AM Has been: Held via video Hon. Michael D. Vhay, Presiding

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