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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-10-31
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 19 entries

Parties

Plaintiff Rosengard Whalen, Pamela
Defendant Gabler, F. Raymond|Henderson, Shelly

Lawyers

Docket Entries

  1. Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 435534 Date: 10/31/2022
  4. Land Court surcharge Receipt: 435534 Date: 10/31/2022
  5. Land Court summons Receipt: 435534 Date: 10/31/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Foster, Hon. Robert B. Event: Hearing on Preliminary Injunction Date: 11/04/2022 Time: 02:30 PM
  8. Notice of Docket Entry: Plaintiff's Ex Parte Motion for Short Order of Notice ALLOWED. A summons and order of notice shall issue for hearing on plaintiff's motion for preliminary injunction on November 4, 2022 at 2:30 pm by zoom. Judge: Foster, Hon. Robert B.
  9. Defendant's Opposition to Plaintiff's Ex Parte Motion for Preliminary Injunction ,filed.
  10. Event Resulted: Hearing on Preliminary Injunction scheduled on: 11/04/2022 02:30 PM Has been: Held via video Hon. Robert B. Foster, Presiding November 4, 2022. Hearing on motion for preliminary injunction held by Zoom. Attorneys Scott Wolf, Bradley Croft, and Michael Rosen appeared. After hearing, the court took the motion for preliminary injunction under advisement. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)
  11. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Lisa Treiber, Esq. [email protected] Plaintiff: Scott Ian Wolf, Esq. [email protected] Plaintiff: Tiffany Lee Stichel, Esq. [email protected] Sent On: 11/07/2022 10:27:53
  12. Plaintiff's Memorandum to Defendant's Opposition to Plaintiff's Ex Parte Motion For Preliminary Injunction, filed.
  13. Summons returned to Court with service on Shelly Henderson Individually and as trustee of Gabler Realty Trust filed.
  14. Summons returned to Court with service on Shelly Henderson Individually and as trustee of Gabler Realty Trust filed.
  15. Defendant's Motion to Dismiss, filed.
  16. Memorandum in Support of Defendant's Motion to Dismiss, filed.
  17. Scheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 01/17/2023 Time: 09:15 AM
  18. Order Denying Motion for Preliminary Injunction, issued. (Copies emailed to Attorneys Lisa Treiber, Scott Wolf, Tiffany Stichel, Bradley Croft, Michael Rosen, and Roger Smerage) Judge: Foster, Hon. Robert B.
  19. Event Resulted: Hearing scheduled on: 01/17/2023 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 17, 2023. Hearing held via Zoom. Attorneys Scott Wolf, Bradley Croft, and Michael Rosen appeared. Plaintiff does not oppose defendant's motion to dismiss under Mass. R. Civ. P. 12(b)(9) and intends to move to amend their complaint in the pending superior court action. This action is DISMISSED without prejudice. Defendants' motion for attorney's fees under G.L. c. 231, 6F is DENIED. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)

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