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Case Information

Filed 2022-06-13
Status Open
Type Enforcement Of Restrictive Covenant
Docket 85 entries

Parties

Plaintiff Bennett, Donald V|Bennett, Eve M|Gagliardi, William A|Cloutier, Deneen C
Defendant Woolf, Gregory J|Woolf, Barbie K|Woolf, Ashleigh

Lawyers

Docket Entries

  1. Notice of docket entry received from Appeals Court Please take note that, with respect to the MOTION to Dismiss under Rule 29(b) filed for Donald V. Bennett, Eve M. Bennett, Deneen C. Cloutier and William A. Gagliardi by Attorney Michael O'Neill. (Paper #14), on July 5, 2023, the following entry was made on the docket of the above-referenced case: RE#14: Appeal dismissed with prejudice and without an award of costs or fees to any party, pursuant to M.R.A.P. 29(b). *Notice/Attest.
  2. Attorney appearance On this date Michael J O'Neill, Esq. added as Private Counsel for Plaintiff Eve M Bennett
  3. Attorney appearance On this date Michael J O'Neill, Esq. added as Private Counsel for Plaintiff William A Gagliardi
  4. Attorney appearance On this date Michael J O'Neill, Esq. added as Private Counsel for Plaintiff Deneen C Cloutier
  5. Case assigned to: DCM Track F - Fast Track was added on 06/13/2022
  6. Original civil complaint filed.
  7. Civil action cover sheet filed.
  8. Demand for jury trial entered.
  9. Summons and order of notice issued on a Complaint for a Preliminary Injunction , returnable on 06/30/2022 02:00 PM Hearing on Preliminary Injunction. Judge: Yessayan, Hon. Raffi N Applies To: Woolf, Gregory J (Defendant); Woolf, Barbie K (Defendant); Woolf, Ashleigh (Defendant)
  10. One Trial case reviewed by Clerk, case to remain in the Superior Court. Judge: Sullivan, Jennifer A
  11. Short Order of Notice, returned SERVED (P#3) Applies To: Woolf, Barbie K (Defendant)
  12. Service Returned (P#3 Summons and Order of Notice) for Defendant Woolf, Ashleigh: Service made at last and usual;
  13. Short Order of Notice, returned SERVED (P#3) Applies To: Woolf, Gregory J (Defendant)
  14. Event Result:: Hearing on Preliminary Injunction scheduled on: 06/30/2022 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Raffi N Yessayan, Presiding
  15. Attorney appearance electronically filed.
  16. Attorney appearance electronically filed.
  17. Attorney appearance on this date Peter Vetere, Esq. added as Private Counsel for Defendants
  18. Attorney appearance on this date Peter F Durning, Esq. added as Private Counsel for Defendants
  19. Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier's Memorandum in support of plaintiffs' motion for preliminary injunction
  20. Affidavit of Christopher Patrick
  21. Opposition to Plaintiff's Complaint for Injunctive Relief filed by Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf
  22. Letter from Easton Animal Control Officer Jordan Holbrook
  23. Affidavit of James Rassman
  24. Affidavit of Rupert Grantham
  25. Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 06/29/2022 02:00 PM Has been: Held - Under advisement Hon. Raffi N Yessayan, Presiding Appeared: Plaintiff Michael J O'Neill, Esq., Private Counsel Defendant Peter F Durning, Esq., Private Counsel Staff: Kellee-Sue Milord, Assistant Clerk Magistrate Dina Swanson, Assistant Clerk Magistrate Digital Recording Device Bris CV A, Court Reporter
  26. Affidavit of Barbi Woolf
  27. Affidavit of Bruce Pilling
  28. MEMORANDUM & ORDER: on Plaintiffs' Motion for a Preliminary Injunction...ALLOWED in part. Judge: Yessayan, Hon. Raffi N
  29. Preliminary Injunction issued for Plaintiffs Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier. It is ordered and adjudged that Defendants(s) Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf and their various attorneys and agents are: RESTRAINED from using or soliciting the use of the shared driveway for passenger vehicle travel by farm customers and by any commercial vehicles serving the farm operation or related sales, except for the provision of appropriate feed, bedding, and veterinary care for the animals presently existing on the property. No additional animals are to be transported onto the property by way of the shared driveway during the pendency of this order. Judge: Yessayan, Hon. Raffi N
  30. Notice of appeal filed. Applies To: Woolf, Gregory J (Defendant); Woolf, Barbie K (Defendant); Woolf, Ashleigh (Defendant)
  31. Defendants Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf's Application for an Order Suspending Injunction Pending Appeal
  32. Endorsement on Application for an order suspending injunction pending appeal (#11.0): No Action Taken for failure to comply with Rule 9A. Judge: Milord, Kellee-Sue
  33. Defendants Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf's Motion to dismiss certain counts II, III and V
  34. Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier's Memorandum in opposition to defendants motion to dismiss counts II, III and V
  35. Defendants Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf's Reply, Memorandum in support of defendants' motion to dismiss counts II, III and V
  36. Certification/Copy of Letter of transcript ordered from Court Reporter 06/29/2022 02:00 PM Hearing on Preliminary Injunction
  37. The following form was generated: Notice to Appear Sent On: 08/08/2022 11:22:52
  38. Defendants Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf's Application for an Order Suspending Injunction Pending Appeal
  39. Opposition to #14 Defendants' Application for an Order Suspending Injunction Pending Appeal filed by Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier
  40. Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf's Reply Memorandum in support of Application for an Order Suspending Injunction Pending Appeal
  41. The following form was generated: Notice to Appear Sent On: 08/15/2022 08:53:40
  42. Plaintiffs Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier's Motion to Modify Preliminary Injunction
  43. Opposition to plaintiffs' motion to modify preliminary inunction filed by Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf
  44. Plaintiffs Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier's Reply to defendants' opposition to motion to modify preliminary injunction
  45. Affidavit of compliance with Superior Court Rule 9A Applies To: O'Neill, Esq., Michael J (Attorney) on behalf of Bennett, Eve M (Plaintiff)
  46. Matter taken under advisement: Motion Hearing scheduled on: 09/06/2022 02:00 PM Has been: Held - Under advisement Hon. Raffi N Yessayan, Presiding Appeared: Plaintiff Michael J O'Neill, Esq., Private Counsel Defendant Peter F Durning, Esq., Private Counsel Staff: Kellee-Sue Milord, Assistant Clerk Magistrate Digital Recording Device Bris CV A, Court Reporter
  47. Endorsement on Application for an Order Suspending Injunction Pending Appeal (#14.0): DENIED For clarification, none of defendants animals are to be moved on or off the property by use of the driveway, except for veterinary care, which excludes for the purpose of breeding. Nor are any other animals to be brought onto the property by use of the driveway for the purpose of breeding. The animals are also not to be moved on or off the property by use of the driveway for the purpose of attending fairs or for any other purpose, again, with the exception of receiving veterinary care. Judge: Yessayan, Hon. Raffi N
  48. Endorsement on Motion to Modify Preliminary Injunction (#15.0): DENIED Judge: Yessayan, Hon. Raffi N
  49. Matter taken under advisement: Rule 12 Hearing scheduled on: 10/25/2022 02:00 PM Has been: Held - Under advisement Hon. Susan E Sullivan, Presiding Appeared: Plaintiff Michael J O'Neill, Esq., Private Counsel Defendant Peter F Durning, Esq., Private Counsel Staff: Kellee-Sue Milord, Assistant Clerk Magistrate Digital Recording Device Bris CV A, Court Reporter
  50. CD of Transcript of 06/29/2022 02:00 PM Hearing on Preliminary Injunction received from Christopher J. Sullivan, Court Approved Transcriptioner.
  51. Appeal: Statement of the Case on Appeal (Cover Sheet), by e-filing to the Appeals Court.
  52. Notice of assembly of record sent to Counsel
  53. Notice to Clerk of the Appeals Court of Assembly of Record by e-filing to the Appeals Court.
  54. General correspondence regarding assembly of appeal sent to the Appeals Court
  55. Endorsement on Motion to dismiss certain counts (#12.0): DENIED After hearing Denied. The complaint is sufficient as to Counts 2,3 and 5 to plausibly suggest an entitlement to relief. Judge: Sullivan, Hon. Susan E
  56. Appeal entered in Appeals Court on 11/15/2022 docket number 2022-P-1109
  57. Received from Defendant Woolf, Gregory J: Woolf, Barbi; Woolf, Ashleigh; Answer with a counterclaim;
  58. Counterclaim filed.
  59. Complaint for contempt filed.
  60. Endorsement on Complaint Verified Complaint for Contempt (#22) Pursuant to M.R.C.P. 65.3, this matter is scheduled for hearing on 12/7/22 @ 2:00pm, to schedule a trial date. Summons to issue. Judge: Sullivan, Hon. Susan E
  61. General correspondence regarding summons on contempt issued.
  62. Plaintiffs Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier's Motion to take depositions of defendants, Gregory J. Woolf, Barbi K. Woolf and Ashleigh Woolf pursuant to M.R.Civ.P.65.3(g).
  63. Plaintiffs Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier's Motion to take depositions of defendants, Gregory J. Woolf, Barbi Woolf, and Ashleigh Woolf pursuant to M.R.Civ.P. 65.3 (g) (CORRECTED)
  64. Opposition to to Plaintiffs' motion to take depositions in contempt proceeding filed by Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf
  65. Defendant Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf's EMERGENCY Motion to stay contempt proceeding pending appeal
  66. Peter Vetere, Esq.Gregory J Woolf, Barbie K Woolf, Ashleigh Woolf's Memorandum (BENCH) regarding complaint for civil contempt
  67. Answer to complaint for civil contempt Applies To: Woolf, Gregory J (Defendant); Woolf, Barbie K (Defendant); Woolf, Ashleigh (Defendant)
  68. Affidavit of Ashleigh M. Woolf in response to contempt complaint
  69. Opposition to defendants' emergency motion to stay contempt proceeding pending appeal filed by Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier
  70. Received from Defendant Bennett, Donald V: Eve M. Bennett; William A. Gagliardi and Deneen C. Cloutier; Answer to the Counterclaim;
  71. Service Returned for Defendant Woolf, Gregory J: Service made in hand;
  72. Service Returned for Defendant Woolf, Barbie K: Service made at last and usual;
  73. Service Returned for Defendant Woolf, Ashleigh: Service made at last and usual;
  74. Matter taken under advisement: Hearing on Contempt scheduled on: 12/07/2022 02:00 PM Has been: Held - Under advisement Hon. Susan E Sullivan, Presiding Appeared: Plaintiff Michael J O'Neill, Esq., Private Counsel Defendant Peter F Durning, Esq., Private Counsel Peter Vetere, Esq., Private Counsel Staff: Kellee-Sue Milord, Assistant Clerk Magistrate Digital Recording Device Bris CV A, Court Reporter
  75. Endorsement on Motion to take depositions of defendants (#24.0): ALLOWED after hearing. Judge: Sullivan, Hon. Susan E
  76. Endorsement on Motion to stay contempt proceeding pending appeal (#26.0): DENIED after hearing. Judge: Sullivan, Hon. Susan E
  77. MEMORANDUM & ORDER: RE: Verified Complaint for Contempt and Plaintiffs' motion for discovery Judge: Sullivan, Hon. Susan E
  78. Notice of docket entry received from Appeals Court Please take note that, with respect to the MOTION to stay under MRAP 6(A) filed for Gregory J Woolf, Barbi K Woolf and Ashleigh Woolf by Attorney Peter Vetere. (Paper #6), on December 8, 2022, the following entry was made on the docket of the above-referenced case: RE#6: This matter is before the single justice on the defendants' motion pursuant to Mass. R. A. P. 6(a) seeking to stay a preliminary injunction issued by a Superior Court judge (Yessayan, J.) pending the defendants' appeal of that injunction to this court pursuant to G. L. c. 231, 118, second par. The defendants did not seek relief from that injunction from a single justice of this court pursuant to G. L. c. 231, 118, first par., and the time to do so has expired. An appellant seeking a stay pending appeal must ordinarily meet four tests: (1) the likelihood of appellant's success on the merits; (2) the likelihood of irreparable harm to appellant if the court denies the stay; (3) the absence of substantial harm to other parties if the stay issues; and (4) in some circumstances, the absence of harm to the public interest from granting the stay. See C.E. v. J.E., 472 Mass. 1016, 1017 (2015). I have reviewed the defendants' motion and supporting materials, as well as the judge's 7/11/22 memorandum of decision issuing the preliminary injunction and his 9/8/22 order clarifying the injunction and denying defendants' motion to suspend the injunction pending appeal. I have also reviewed the extensive memoranda of law filed by the parties in the Superior Court, and the record materials including the decision of the Easton Planning and Zoning Board issuing a special permit and the "Maintenance Agreement" signed by the Woolf and Bennett families. I conclude that the defendants have not established a likelihood of success on the merits of their appeal, and note that the judge tailored the preliminary injunction to the plaintiffs' enforcement claim. Further, I discern no abuse of discretion in the judge's crediting the plaintiffs' "assertions of on-going harm through farm-related driveway usage" as outweighing the potential for harm to defendants. Accordingly, the motion is denied. (Grant, J.) *Notice/Attest/Yessayan, J.
  79. The following form was generated: Notice to Appear Sent On: 12/08/2022 16:07:20
  80. Plaintiff Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier's Joint Motion to stay
  81. Plaintiff Donald V Bennett, Eve M Bennett, William A Gagliardi, Deneen C Cloutier's Joint Motion to modify preliminary injunction
  82. Event Result:: Trial Assignment Conference scheduled on: 01/09/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Susan E Sullivan, Presiding
  83. Endorsement on Motion to Stay (#35.0): ALLOWED For reasons stated, ALLOWED. Judge: Sullivan, Hon. Susan E
  84. Endorsement on Motion to Modify Preliminary Injunction (#36.0): ALLOWED by agreement. Judge: Sullivan, Hon. Susan E
  85. Party(s) file Stipulation of Dismissal Applies To: Bennett, Donald V (Plaintiff); Bennett, Eve M (Plaintiff); Gagliardi, William A (Plaintiff); Cloutier, Deneen C (Plaintiff); Woolf, Gregory J (Defendant); Woolf, Barbie K (Defendant); Woolf, Ashleigh (Defendant)

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  • All docket entries
  • Related cases and filings
$20
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