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Case Information
Filed
2026-03-31
Status
Open
Type
Sale Or Lease Of Real Estate
Docket
29 entries
Parties
Plaintiff
Brown, Scott M
Defendant
Higgins, Robert W
Lawyers
Docket Entries
- Endorsement on Motion for Preliminary Injunction (Emergency Motion) (#3.0): No Action Taken P & S closing date continued to 4/10/26. This matter continued to 4/21/26. (Dated 4/13/2026)
- Attorney appearance On this date Philip J Czarnec, Esq. added for Plaintiff Scott M Brown
- Case assigned to: DCM Track F - Fast Track was added on 03/31/2026
- Verified Complaint filed.
- Civil action cover sheet filed.
- Demand for jury trial entered.
- Plaintiff(s) Scott M Brown's EMERGENCY Motion for a Preliminary Injunction
- Claim filed under 93A
- Scott M Brown's Memorandum of Law in Support of Plaintiff's Emergency Motion for Preliminary Injunction
- Plaintiff Scott M Brown's EMERGENCY Motion for Approval of Memorandum of Lis Pendens
- Scott M Brown's Memorandum in support of Plaintiff's Emergency Motion for Approval of Memorandum of Lis Pendens
- Affidavit of Scott M. Brown in Support of Plaintiff's Emergency Motions
- Plaintiff Scott M Brown's EMERGENCY Motion for Short Order of Notice and Expedited Hearing
- Scott M Brown's EMERGENCY MOTION for appointment of Special Process Server. Northern Process Servers
- Notice of 93A complaint sent to Attorney General
- Endorsement on Motion for Short Order of Notice and Expedited Hearing (#5.0): Summons and Order of Notice to issue Motion ALLOWED. returnable to the court "A" session at Salem Superior Court on 4/7/2026 at 2:00 PM in Person. Judge: Tabit, Hon. Salim
- Endorsement on Motion to Appoint Special Process Server (#6.0): ALLOWED
- Summons and order of notice issued on a Motion for a Preliminary Injunction and Memorandum of Lis Pendens, returnable on 04/07/2026 02:00 PM Motion Hearing.
- Service Returned for Applies To: Robert W Higgins Trustee of The 38 Water Street Nominee Trust u/d/t dated December 15, 1993 (Defendant): Served on April 1, 2026 at 12:30pm by leaving at the last and usual place of business at 38 Water Street, Newburyport, MA
- Scott M Brown's Memorandum PROPOSED Memorandum Of Lis Pendens
- Service Returned for Applies To: Robert W Higgins Trustee of The 38 Water Street Nominee Trust u/d/t dated December 15, 1993 (Defendant); On Summons And Order Of Notice ; Served on April 7, 2026 at 10:10am at the last and usual place of business at 45 Market Street Newburyport, MA. and April 7, 2026 at 10:20am at the lst and usual place of abode at 266D Merrimac Street Unit 9, Newburyport, MA
- Affidavit Of Service Applies To: Brown, Scott M (Plaintiff); Czarnec, Esq., Philip J (Attorney) on behalf of Brown, Scott M (Plaintiff)
- Event Result:: Motion Hearing scheduled on: 04/07/2026 02:00 PM Has been: Held as Scheduled Comments: FTR COURTROOM H Hon. Elizabeth Dunigan, Presiding Staff: Jose Mejia, Assistant Clerk Magistrate
- Endorsement on Motion for Preliminary Injunction (#3.0): No Action Taken at this time. The parties are discussing P & S options. Motion continued to 4-13-2026. (Dated 4/6/2026)
- Endorsement on Motion for Approval Of Memorandum Of Lis Pendens (#4.0): ALLOWED Motion ALLOWED. See Paper #11. (Dated 4/7/2026)
- Memorandum of Lis Pendens issued NOTICE IS HEREBY GIVEN that an action is pending in the Essex Superior Court as captioned above and entitled Scott M. Brown, against Robert W. Higgins, in his capacity as Trustee of the 38 Water Street Nominee Trust u/d/t dated December 15, 1993, Civil Action No. 2677CV00380, which action affects right, title, or interest in the real property known and numbered as 38 Water Street, Newburyport, Essex County, Massachusetts, more particularly described in a deed recorded with the Essex South District Registry of Deeds at Book 12320. Page 100. Approved and endorsed this 7th day of April, 2026. Elizabeth Dunigan, Justice of the Superior Court Judge: Dunigan, Hon. Elizabeth Applies To: Brown, Scott M (Plaintiff)
- Docket Note: Mailed Certified copies of Memorandum Of Lis Pendens to Plaintiff's Attorneys this date
- Service Returned for Applies To: Robert W Higgins Trustee of The 38 Water Street Nominee Trust u/d/t dated December 15, 1993 (Defendant); (Duplicate of Proof Of Service Of Process; Combined in this Return of Service are 4 separate deliveries)
- Event Result:: Hearing on Preliminary Injunction scheduled on: 04/13/2026 11:00 AM Has been: Rescheduled For the following reason: Request of Plaintiff Comments: COUNSEL FOR THE PLAINTIFF IN OPEN COURT REQUESTED A CONTINUANCE TO 4/21/2026 2:00 P.M. Hon. Elizabeth Dunigan, Presiding Staff: Jose Mejia, Assistant Clerk Magistrate
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