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Case Information
Filed
2022-01-26
Status
Closed
Type
Mwa Recover Freehold Estate (writ Of Entry), G.l. Chapter 237
Docket
23 entries
Disposition
case dismissed
Parties
Plaintiff
Malerba, Jr., Robert D.
Defendant
Malerba, Eric|Malerba, Shannell|Tisei, Richard
Lawyers
Docket Entries
- Case Dismissed by Order of the Court.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 428002 Date: 01/26/2022
- Land Court surcharge Receipt: 428002 Date: 01/26/2022
- Land Court summons Receipt: 428002 Date: 01/26/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Temporary Restraining Order issued to Defendant Eric Malerba, Shannell Malerba, Richard Tisei and your officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with you who receive actual notice of this order by personal service or otherwise are hereby enjoined until further order of this court from: Conveying, transferring, encumbering, or damaging the property at 195 Lowell Street, Lynnfield, MA. Notice in hand to pro se plaintiff.
- Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Rubin, Hon. Diane R. Event: Hearing on Preliminary Injunction Date: 02/09/2022 Time: 02:30 PM
- Cost of Issuance of TRO/PI Receipt: 428016 Date: 01/26/2022
- Scheduled Judge: Rubin, Hon. Diane R. Event: Hearing Date: 01/26/2022 Time: 03:00 PM
- Event Resulted: Hearing scheduled on: 01/26/2022 03:00 PM Has been: Held via telephone Hon. Diane R. Rubin, Presiding
- Appearance of Pro Se for Robert D. Malerba, Jr., filed
- Motion for Ex-Parte Order, filed.
- Defendant's Opposition to Plaintiff's Application for Preliminary Injunction and Request to Dissolve Temporary Restraining Order Associated therewith, filed.
- Court is in receipt of Defendants' Opposition to Plaintiff's Application for Preliminary Injunction and Request to Dissolve Temporary Restraining Order Associated Therewith, and sets a hearing on the motion to dissolve temporary restraining order for Wednesday, February 9, 2022 at 2:30. Counsel and Pro Se Plaintiff all notified via email. Hard copy mailed to Pro Se Plaintiff as well. Judge: Rubin, Hon. Diane R.
- Counsel and any party to notify the court as soon as practicable if they intend to file any supplemental brief, affidavits or filings prior to the hearing of plaintiff's motion for preliminary injunctive relief scheduled for February 9, 2022. Additionally, court requests attestation, by Eric Malerba as Personal Representative of the Estate of Marie Malerba, or otherwise as to the status of: (1) the proceedings in the related Probate Court Case (Docket No. 21P2222EA); and(2) the pending sale of the property at issue, including but not limited to verification of the statements in the Defendant's Opposition to Plaintiff's Application for Preliminary Injunction and Request to Dissolve Temporary Restraining Order Associated therewith. Counsel and Pro Se Plaintiff notified via email.
- Affidavit of Dean Malerba, filed.
- Affidavit of Eric Malerba, filed.
- Event Resulted: Hearing on Preliminary Injunction scheduled on: 02/09/2022 02:30 PM Has been: Hearing on motion for preliminary injunction held via telephone conference. Plaintiff Robert Malerba appeared pro se and Attorney James Haroutunian appeared on behalf of the defendants. Before the court are the Motion for Ex Parte Order, Defendant's Opposition to Plaintiff's Application for Preliminary Injunction and Request to Dissolve Temporary Restraining Order Associated therewith, Affidavit of Dean Malerba, and Affidavit of Eric Malerba. Court noted that a Temporary Restraining Order (TRO) was issued ex parte on January 26, 2022, which now becomes the application for preliminary injunction before the court today. Following argument, for the reasons stated on the record and in an order to be filed forthwith, and after review of the opposition, the ample affidavits filed by defendants, and the Probate Court Docket No. ES21P2222EA, the court DENIES the motion for preliminary injunction. Further, although the TRO issued on January 26, 2022, will expire as a matter of law under Mass. R. Civ. P. 65, the court VACATES the TRO on the record for the sake of clarity. Court then explained to Mr. Malerba what being a pro se party entails, including that the same rules of evidence and procedure apply to both represented and pro se litigants, and that the court cannot provide any legal assistance or advice. Court further encouraged Mr. Malerba to retain counsel. Case management conference scheduled for April 14, 2022, at 2:30 P.M. via telephone conference. Hon. Diane R. Rubin, Presiding Counsel and Pro Se Plaintiff notified both via email and by first class mail.
- Order Vacating Temporary Restraining Order and Denying Preliminary Injunction, issued. (Copies emailed to Attorney James Haroutunian and Robert Malerba Jr. Copy also mailed via USPS to Robert Malerba) Judge: Rubin, Hon. Diane R.
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 04/14/2022 Time: 02:30 PM Pro Se Plaintiff and counsel notified both via email and first class mail.
- Event Resulted: Case Management Conference scheduled on: 04/14/2022 02:30 PM Has been: Case management conference held via telephone conference. Plaintiff Robert Malerba appeared pro se and Attorney James Haroutunian appeared on behalf of the defendants. Court confirmed with Mr. Malerba and Attorney Haroutunian that at issue in this case was the proposed sale of the property at 195 Lowell Street, Lynnfield (the "Property") by defendant Eric Malerba as Personal Representative of the Estate of Marie Malerba, which sale is no longer moving forward following the court's issuance of a temporary restraining order and subsequent dissolution of that order. Court further confirmed that the Property is also the subject of a probate action (Docket No. ES21P2222EA) for the Estate of Marie Malerba. Court discussed whether this case is moot because the property is no longer under agreement and whether the parties would prefer to dismiss this land court case and resolve all disputes relating to the Property in the probate court. Attorney Haroutunian and Mr. Malerba both agreed that this land court case should be dismissed. Following colloquy, court to issue an Order of Dismissal. Hon. Diane R. Rubin, Presiding Counsel and Mr. Malerba notified via email.
- Order of Dismissal, issued. (Copy emailed to Attorney James Haroutunian; copies emailed and mailed via USPS to Pro Se Robert Malerba Jr.) Judge: Rubin, Hon. Diane R.
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