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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-15
Status Closed
Type Mth Complaint Transferred To Land Court Under Chapter 212, 26 A
Docket 68 entries
Disposition judgment entered

Parties

Plaintiff Maureen's Mirtilli,llc
Defendant Idlewild Acres Llc|Wild, Peter M.

Lawyers

Docket Entries

  1. Rescript Received from the Appeals Court. Judgment Affirmed.
  2. Complaint filed.
  3. Order Transferring to Land Court, issued by Barnstable Superior Court.
  4. Scheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 01/27/2022 Time: 10:15 AM
  5. Status conference treated as preliminary case management conference and held by videoconference. Attorneys William Henchy, Peter Durning, and Peter Vetere appeared. Counsel provided an overview of the dispute including preliminary explanation of legal issues. Counsel to email sessions clerk, Emily Rosa, by February 18, 2022, stating whether they are ready to proceed with scheduling a pre-trial conference. If so, court to schedule a pre-trial conference at which time counsel to submit a memorandum within thirty days of notice, in which they state the agreed-upon and disputed issues, if any, that are before the Land Court as part of Count 1 of the complaint in the bifurcated action as transferred to the Land Court.
  6. Defendants' Expert Disclosure of Edward Rainen,Esq.,filed.
  7. Joint Statement of the Parties,filed.
  8. Defendants' Request for Case Management Conference,filed.
  9. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 08/15/2022 Time: 10:45 AM
  10. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: William C Henchy, Esq. [email protected] Defendant: Peter F Durning, Esq. [email protected] Defendant: Peter Vetere, Esq. [email protected] Sent On: 07/27/2022 10:15:13
  11. Joint Case Management Conference Statement,filed.
  12. Case management conference held by videoconference. Early intervention event held. Attorneys William Henchy, Peter Durning, and Peter Vetere appeared. Counsel provided an overview of the dispute including a brief summary of legal issues. Attorney Henchy represented that on July 29, 2022, plaintiffs Peter J. Hanlon and Janet M. Hanlon sold their interest in the subject property to Maureen's Mirtilli, LLC. Accordingly, counsel to file a motion to substitute Maureen's Mirtilli, LLC as a plaintiff in the case. Counsel represented that there is a pending preliminary injunction order issued in the this case before it was transferred from Superior Court. Parties to inform court if they wish to schedule a hearing on any motion concerning the pending preliminary injunction. Counsel for defendants also informed court that they plan to file a motion for summary judgment. Court did not schedule a pre-trial conference in light of anticipated motion(s) for summary judgment.
  13. Alternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
  14. Assented Motion to Substitute Maureen's Mirtilli, LLC as Plaintiff,filed.
  15. Assented Motion to Substitute Maureen's Mirtilli, LLC as Plaintiff,Allowed.
  16. Notice of Change Address,filed.
  17. Plaintiffs' Motion for Preliminary Injunction,filed.
  18. Affidavit of David Ross in support of Motion for Preliminary Injunction,filed.
  19. Affidavit of William Henchy,filed.
  20. Affidavit of Thomas A. Gelsthorpe,filed.
  21. Scheduled Judge: Speicher, Hon. Howard P. Event: Plaintiffs' Motion for Preliminary Injunction Date: 10/04/2022 Time: 11:00 AM
  22. Motion for Temporary Restraining Order or Alternatively Short Order of Notice, filed.
  23. Affidavit of William C. Henchy in Support of Motion for Short Order or Alternatively Temporary Restraining Order,filed.
  24. Scheduled Judge: Speicher, Hon. Howard P. Event: Motion for Temporary Restraining Order or Alternatively Short Order of Notice Date: 09/23/2022 Time: 03:30 PM
  25. Notice of Docket Entry: Hearing on plaintiff's motion for temporary restraining order held by videoconference. Attorneys William Henchy, Peter Durning, and Peter Vetere appeared and argued. After hearing, plaintiff's motion for temporary restraining order is ALLOWED as follows: The terms of the preliminary injunction issued by the Superior Court in this case on June 28, 2018 and dissolved on September 22, 2022 are hereby reinstated and will continue in effect until the later of the close of business on October 4, 2022, until the court issues a decision on the plaintiff's pending motion for preliminary injunction, or until further order of this court. It is ORDERED that defendants, their agents, employees, invitees and others having knowledge of this ORDER are hereby ENJOINED and RESTRAINED from interfering with access of the plaintiff, the plaintiff's agents, or employees on the way across the defendants' land as described in the preliminary injunction and attached chalk issued on June 28, 2018. Defendants to file and serve any opposition to plaintiff's motion for preliminary injunction by October 3, 2022. Notice of Docket Entry was generated and sent to: Defendant: Peter F Durning, Esq. [email protected] Defendant: Peter Vetere, Esq. [email protected] Plaintiff: William C Henchy, Esq. [email protected] Sent On: 09/23/2022 16:29:05
  26. Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction,filed.
  27. Defendants' Supplemental Opposition to Plaintiff's Motion for Preliminary Injunction, filed.
  28. Supplemental Affidavit of Peter M. Wild,filed.
  29. Plaintiffs' Response to Defendants' Supplemental Opposition to Plaintiff's Motion for Preliminary Injunction, filed.
  30. Hearing on plaintiff's motion for preliminary injunction held by videoconference. Attorneys William Henchy, Peter Durning, and Peter Vetere appeared and argued. After hearing, plaintiff's motion for preliminary injunction is ALLOWED, separate order setting forth the reasoning and terms to follow. The temporary restraining order issued by this court on September 23, 2022 will remain in effect until the forthcoming order is issued.
  31. Order on Plaintiff's Motion for Preliminary Injunction Issued. (Emailed copies to: Peter F Durning, Esq. [email protected]; Peter Vetere, Esq. [email protected]; William C Henchy, Esq. [email protected]) Judge: Speicher, Hon. Howard P.
  32. Defendants' Motion for Summary Judgment,filed.
  33. Brief in Support of Defendants' Motion for Summary Judgment,filed.
  34. Statement of Facts in Support of Defendants' Motion for Summary Judgment,filed.
  35. Defendants Appendix,filed.
  36. Affidavit of Peter M. Vetere,filed.
  37. Appearance of Christopher Jerome Alphen, Esq., Jonathan Silverstein, Esq. for Maureen's Mirtilli,LLC, filed
  38. Plaintiff's Motion for Leave to extend time for Response to Defendants' Motion for Summary Judgment, filed.
  39. Plaintiff's Motion for Leave to extend time for Response to Defendants' Motion for Summary Judgment, Allowed.
  40. Scheduled Judge: Speicher, Hon. Howard P. Event: Summary Judgment Hearing Date: 03/07/2023 Time: 02:30 PM
  41. Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment,filed.
  42. Index to Plaintiff's Supplemental Appendix, filed.
  43. Statement of Facts in support of Defendants' Motion for Summary Judgment,filed.
  44. Affidavit of Peter J. Hanlon in Opposition to Motion for Summary Judgment, filed.
  45. Reply Brief in support of Defendants' Motion for Summary Judgment,filed.
  46. Defendants' Appendix, Vol. II,filed.
  47. Hearing on defendants' motion for summary judgment held by videoconference. Attorneys William Henchy and Peter Vetere appeared and argued. Attorneys Peter Durning, Jonathan Silverstein, and Alan Lipkind also appeared. Following argument, the court took the defendants' motion for summary judgment under advisement.
  48. Defendants' Request to modify Preliminary Injunction Order, filed.
  49. Defendants' Request to modify Preliminary Injunction Order (with Exhibits), filed.
  50. Defendants' Supplement to Request to modify Preliminary Injunction Order and Request for Hearing, filed.
  51. Scheduled Judge: Speicher, Hon. Howard P. Event: Defendants' Request to modify Preliminary Injunction Order Date: 09/13/2023 Time: 10:00 AM
  52. Stipulation as to Modification of Preliminary Injunction, filed.
  53. Event Resulted: Hearing scheduled on: 09/13/2023 10:00 AM Has been: Not held Hon. Howard P. Speicher, Presiding
  54. Decision on Defendants' Motion for Summary Judgment, issued. (Copies emailed to Attorneys Peter Durning, Peter Vetere, William Henchy, Jonathan Silverstein, and Christopher Alphen) Judge: Speicher, Hon. Howard P.
  55. Declaratory Judgment entered. (Copies emailed to Attorneys Peter Durning, Peter Vetere, William Henchy, Jonathan Silverstein, and Christopher Alphen) Judge: Speicher, Hon. Howard P.
  56. Notice of Appeal by Maureen's Mirtilli,LLC to the Appeals Court filed.
  57. Appearance of Lisa C Goodheart, Esq., A. Wingerter, Esq. for Idlewild Acres LLC, Peter M. Wild, filed
  58. Notice of Assembly of Record on Appeal sent to the Clerk of the Appeals Court.
  59. Notice of Assembly of Record on Appeal sent to all counsel of record.
  60. NOTICE OF ENTRY OF APPEAL RE: No. 2024-P-0321 Lower Court No: 21MISC000625 In accordance with Massachusetts Rule of Appellate Procedure 10(a)(3), please note that the above-referenced case was entered in this Court on March 25, 2024.
  61. Transcript of the hearing held on March 7, 2023 has been received by the Court.
  62. Plaintiff's Motion for Relief from Judgment pursuant to M.R.Civ.P. 60(b)(2) and 60(b)(6), filed.
  63. Affidavit of William C. Henchy in support of Plaintiff's Motion for Relief from Judgment pursuant to M.R.Civ.P. 60(b)(2) and 60(b)(6), filed.
  64. Plaintiff's Memorandum of Law in support of Plaintiff's Motion for Relief from Judgment, filed.
  65. Defendants' Opposition to Plaintiff's Motion for Relief from Judgment pursuant to Rules 60(b)(2) and 60(b)(6), filed.
  66. Defendants' Motion for Rule 11 Sanctions, filed.
  67. Plaintiff's Opposition to Motion for Rule 11 Sanctions,filed.
  68. Order on Plaintiff's Motion for Relief from Judgment, issued. (Copies emailed to Attorneys William Henchy, Jonathan Silverstein, Christopher Alphen, A. Wingerter, Lisa Goodheart, Peter Vetere, and Peter Durning) Judge: Speicher, Hon. Howard P.

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