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CRTR2709-CR aon COMMONWEALTH OF MASSACHUSETTS
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3 LAND COURT DEPARTMENT
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Docket Report
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19 MISC 000568 Granitz Family Trust, tte v. Cain, Arthur , et al. VHAY
CASE TYPE: Miscellaneous FILE DATE: 11/21/2019
ACTION CODE: EQA CASE TRACK:
DESCRIPTION: EQA - Equitable Action Involving Any
Right, Title or Interest in Land, G.L.
Chapter 185, § 1 (k)
CASE DISPOSITION DATE:07/08/2020 CASE STATUS: Closed
CASE DISPOSITION: Case Disposed by Transfer. STATUS DATE: 07/08/2020
CASE JUDGE: Vhay, Michael D CASE SESSION:
PROPERTY ADDRESS: 20 Corman Road CITY/TOWN: Boston
Plaintiff Private Counsel SOF 657919
Granitz Family Trust, LLC Thomas J Hogan ERK: 'S
Fi LE OFs Ro
-
Tinti & Navins, P.
MG
Tinti & Navins, P,
27 Congress St MUL q 202n
Suite 414 “eH eL v0
Salem, MA 01
Work Phone (978) 745 Clene Don, Vay
Op
Added Date: 11/21/2019
Private Counsel 5739
Patrick Joseph Heffernan
Tinti & Navins, P.C.
Tinti & Navins, P.C.
27 Congress St Suite 414
Salem, MA 01970
Work Phone (978) 745-8065
Added Date: 11/21/2019
Defendant Private Counsel 501570
Cain, Arthur Rosemary A Traini
Massachusetts Bar
858 Washington St
3rd Floor Suite 302
Dedham, MA 02026
Work Phone (781) 461-8300
Added Date: 12/12/2019
Defendant Pro Se PROPER
King, Barbara Pro Se
124 Boston Street Massachusetts Bar
Salem, MA 01970 Added Date: 06/30/2020
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CRTR2709-CR eam COMMONWEALTH OF MASSACHUSETTS
aS LAND COURT DEPARTMENT
Docket Report
RQ
Date Fees/Fines/Costs/Charge Assessed Paid Dismissed Balance
11/21/2019 Land Court miscellaneous filing fee 240.00 240.00 0.00 0.00
Receipt: 411672 Date: 11/21/2019
wee enn nn ee nnn en ne en en een ee ee een nee eee enn en nen nnn eee eee ee
11/21/2019 Land Court surcharge Receipt: 411672 15.00 15.00 0.00 0.00
Date: 11/21/2019
aoe eee eee
11/21/2019 Land Court summons Receipt: 411672 5.00 5.00 0.00 0.00
Date: 11/21/2019
wanna nnn n nn eon ---- 2 n- 5 e e ee eee eeeeeee
Total 260.00 260.00 0.00 0.00
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CRTR2709-CR COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
Docket Report
Date | Ref | Description Judge
11/21/2019IY
aA 8 Comp
SE filed. eee eee eee
Wee -- 7-22-22 === ----------
11/21/2019
AS SS Case as:
RSE igned to the
I I OSESAverage Track per Land
1 ARS aoe oe OSCourt Standing Order
ee 1:04.
11/21/2019LS
~SAIOL = = Uniform
SSE Counsel
SSIS Certificate for
SU Civil Cases
MSfiled byye Plaintiff. ee eee
a11/21/2019
een Motion for
ee ne Endorsement
Ne of Memorandum
Ne Lis Pendens filed.
ee eee ee eee ee eee eee ne
11/26/2019
ee The
eecaseeee has been
eee assigned to the I
A Track. Notice
a sent.
a eee
11/26/2019 Event Scheduled Vhay
Judge: Vhay, Hon. Michael D
Event: Case Management Conference
wane eee ~~ Date:
NE, 12/12/2019 Time:
Delete tS time 10vi.
AM -----------+------------------------
eee
11/26/2019 Scheduled Vhay
Judge: Vhay, Hon. Michael D
Event: Motion for Lis Pendens
Date:
ale: 12/12/2019
------------------- Time: |10:00
TeflereV 9 lime: AM
we Meee eee e+e
12/12/2019
ee ee Plaintiff
nanan ee Granitz Family
ee Statement
ee for Case
eeeManagement Conference
nnn ree filed.
ee
12/12/2019IS 2
AOE Summons
SETS returned
tees to Court
eee with ee
service on
eeArthur Cain
SO filed. === -------- +e
12/12/2019 Defendant's Opposition to Plaintiff's Motion for a Memorandum of Lis Pendens
woe eee een eee filed,
RE 2-2 - +--+ 2-2
12/12/2019 Event Resulted: Case Management Conference scheduled on: Vhay
12/12/2019 10:00 AM
Has been: Held
------- ~~~ Hon. Michael DVt Vhay,
en. Miienaet Vinay, Presiding
Fre ain ooo 2-8-2 === === --------
12/12/2019 Event Resulted: Motion for Lis Pendens scheduled on: Vhay
12/12/2019 10:00 AM
Has been: Held
== - H ON . Michael
aa---------- Michael DBnet
Vhay, A Presiding
TESIOING ___--------------------------------------
12/12/2019it --------
fae ainingFee
and Order of Approval
eee ofSh Lisa Pendens
one ne issued.
ee eee eee
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GRTR2709-CR es 5 kos COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
Docket Report
12/12/2019 Notice of Docket Entry: Vhay
‘ Case management conference, initial intervention event, and hearing held on
plaintiff Granitz Family Trust's motion for endorsement of memorandum of lis
pendens. The parties appeared through counsel. The Trust seeks a
declaratory judgment that a purchase and sale agreement for 20 Corman
Road in Mattapan, Massachusetts, is enforceable. Defendant Arthur Cain
contends that he terminated the agreement before it became effective. The
Court ORDERS Mr. Cain to file by December 19, 2019 an answer along with
any counterclaims and third-party claims he wishes to bring. Should Mr.
Cain file third-party claims, the Court ORDERS Mr. Cain to serve a summons
and his third-party complaint on all third parties by January 4, 2020. The
Court further ORDERS the current parties to confer and to submit by January
4, 2020 a joint written status report stating either: (1) the parties (including
any third parties) have agreed to mediate the dispute (including the name of
the chosen mediator and date of scheduled mediation, if available); (2) the
parties have discussed settlement but are waiting for third parties to weigh in;
or (3) the parties have not agreed to settle at this time. Having heard
arguments from the parties, the Court GRANTS the Trust's motion for
endorsement of memorandum of lis pendens pursuant to M.G.L. c. 184 § 15.
The current parties agree to receive notices from the Court by electronic mail
instead of regular mail. SO ORDERED.
Parties notified
Judge:
SUOge: Vhay,
------------------- vay, Hon.
Mon. Michael
Milenael DMW __---------------------------------------------
12/24/2019 Motion with Incorporated Memorandum to Dismiss Plaintiffs Complaint for
Failure to Name a Necessary Party Pursuant to Mass.R.Civ.P. 12(b)(7) or
Alternatively, to Add a Necessary Party Pusuant to Mass R. Civ. P. 19(a)
a+. aanee aoe--------
124:
aft and Counter
aewees wo------ --
01/02/2020 Notice of Docket Entry: Vhay
The Court has received Mr. Cain's Motion to Dismiss for Failure to Name a
Necessary Party. The Court will not set a deadline for the filing of an
opposition and hearing until the Court has received the parties' upcoming
status report. SO ORDERED.
Parties notified
ay,
or
wee itus
mwReport
pon as --
01/06/2020 Plaintiff and Defendant in Counterclaim's Answer to Defendant and Plaintiff
------------------- ‘ounterclaim's
ountercialm Ss Counterclaims
Lounterclaims filed.
Med. ee ------------------|
01/06/2020 Plaintiff Granitz Family Trust, LLC's Motion to Dismiss Defendant Arthur
Cain's Counterclaim One Related to Breach of Contract Pursuant to M.R.C.P.
~------------------12(b)(8)
1A COfiled. i ee
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GRTR2709-CR Om SS COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
fx;
Docket Report
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01/13/2020 Notice of Docket Entry: Vhay
Z/
The Court has reviewed the parties’ Joint Status Report. The Court ORDERS
the Trust to file by January 24, 2020 any opposition it may have to Mr. Cain's
motion to dismiss. The Court ORDERS the parties to appear on February 7,
2020 at 10:15 a.m. for a hearing on Mr. Cain's motion. SO ORDERED.
Parties notified
Judge:
-------5-------
~~ ee Je. Vhay,
Way, Hon.
TON. Michael
Wienael D ~~~ ---- eee
01/13/2020 Scheduled Vhay
Judge: Vhay, Hon. Michael D
Event: Motion
oo Date: 02/07/2
ate Bet Time: 10:15 JAMAM ~~. ------------------------------------
01/14/2020 Assented to Motion to Continue Hearing Date filed.. ALLOWED. Vhay
Judge:
SUOge. Vhay,
------------------- Via 2 Hon.
DON. Michael
Mlenael Dt ------------------------------------------------
01/14/2020 Event Resulted: Motion scheduled on: Vhay
02/07/2020 10:15 AM
Has been: Rescheduled
~~ - Hon.
eo----------- TI Michael
ast D ee
Vhay, SUIESMING
Presiding _--------------------------+----------------
01/14/2020 Scheduled Vhay
Judge: Vhay, Hon. Michael D
Event: Motion
Date:
MRO 02/13/2020
~------------------ el Teteved Tim
Lin 00WAN.
AM -----------------------------------
01/24/2020 Plaintiff, Granitz Family Trust, LLC's Opposition to Defendant Arthur Cain's
Motion with Incorporated Memorandum to Dismiss Plaintiffs Complaint for
failure to name a Necessary Party Pursuant to Mass.R.Civ. P. 12(B)(7) or
Alternatively, to Add a Necessary Party Pursuant to Mass.R.Civ.P. 19 (A)
woe eee eo ---- filed
EG s --------- === - =~ eee e-
01/30/2020 Notice of Docket Entry: Vhay
On January 6, 2020, Plaintiff moved to dismiss Mr. Cain's Counterclaim One.
The Court ORDERS Mr. Cain to file by February 7, 2020 any opposition to
that motion. The Court further ORDERS Mr. Cain to send an electronic
courtesy copy of the opposition to the Trust and the Sessions Clerk at the
time of filing. The Court ORDERS the parties to appear for a hearing on
Plaintiffs motion on February 13, 2010 at 10:00 am, the same time previously
set for a hearing on Mr. Cain's pending motion to dismiss. SO ORDERED.
Parties notified
aoee----------Judge: Vhay,
SUE: Ve Hon.
mon. Michael D
Wicnael ly. ------------------------------------------
02/07/2020Defendant's Opposition to Plaintiffs Motion to Dismiss Count One of
Defendants
Welengants Counterclai
------------------. Lounterciaim, , filed.
Meg ee ee eee
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CRTR2708-CR ADP Br COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
Docket Report
wd
02/13/2020 Event Resulted: Motion scheduled on: Vhay
02/13/2020 10:00 AM
Has been: Held
aoe-----------
~~ Hon, Michael DVvVhay,
On Michael Presiding ===
na ¥, Testeing
02/14/2020 Notice of Docket Entry: Vhay
Hearing held on (1) defendant Arthur Cain's motion to dismiss for failure to
name a necessary party and (2) plaintiff Granitz Family Trust's motion to
dismiss Mr. Cain's counterclaim for breach of contract. The parties appeared
through counsel. After hearing arguments from the parties, the Court
DENIES Mr. Cain's motion to dismiss. The Court takes the Trust's motion
under advisement pending a receipt of further briefing from the parties. The
Court ORDERS Mr. Cain to file by February 18, 2020 a memorandum of law
on the issue of the damages he intends to seek on account of the Trust's
alleged breach of contract. Should Mr. Cain file such a memorandum, the
Court ORDERS the Trust to file any response by February 25, 2020. SO
ORDERED.
Parties notified
--- Judge:
#uage: Vhay,
~------------ Vinay, H1 -
02/18/2020 Defendant's Supplemental Opposition to Plaintiff's Motion to s Count
oe eee eee --- =~ One of Defendant's Counterclaim filed.
- SES OF STENCAMS YOUNES CAIN Med. _------~---------------------------------
02/24/2020 Plaintiff Granitz Family Trust LLC's Response to defendant's Supplemental
Opposition to Plaintiffs Motion to Dismiss Count One of Defendants
aoe ee ee ----- ~~ Counterclaims
EET filed.
OSG -- -- ----------------------------------------
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CRTR2709-CR ob B COMMONWEALTH OF MASSACHUSETTS
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LAND COURT DEPARTMENT
Docket Report
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02/28/2020 Notice of Docket Entry: Vhay
The Court has reviewed Mr. Cain's Supplemental Opposition to Plaintiff's
Motion to Dismiss Count One of Defendant's Counterclaim, and the Plaintiff's
Response to the supplemental opposition. The Court GRANTS Plaintiff's
Motion to Dismiss Count One of Defendant's Counterclaim. The only issue
presented on the face of Count One is whether Plaintiff's alleged late payment
of the deposit under the parties' alleged agreement excused Mr. Cain from
performance of his duties under that agreement. That is a defense to
Plaintiffs enforcement of the agreement, and does not result in a
counterclaim under the agreement. Mr. Cain's argument that the
counterclaim also presents the issues of (a) whether the alleged agreement's
liquidated damages provision caps Plaintiffs’ remedies in this action; and (b)
whether Mr. Cain can recover attorneys’ fees has no support in what Count
One alleges, or in the text of the alleged agreement.
Consistent with the Court's discussion on February 14, 2020 with the existing
parties, the Court ORDERS Mr. Cain (a) to file by March 12, 2020 any
amendment to his counterclaims, or third-party claims, pertaining to the
actions of Barbara King; (b) serve a summons and any third-party complaint
against Ms. King by March 27, 2020; and (c) file by April 10, 2020 a return of
service on Ms. King. SO ORDERED.
Parties notified
Judge:
SUGGE: Vhay,
a------------------ Vie Hon.
HON. Michael
WICNAEN D ee +
03/42/2020
ee ee nec Amendedce Answer Affirmative
ene ne ee Defenses and Counterclaim
re Ce ee et filed.
ee ne ee
03/42/2020
web lelevey SELES Third Party
MeeeComplaint
eee filed
eG a oe ene ee enn eee
04/07/2020 een
eee ee Summons returned
cc rcto Court with
ee,service on Barbara
Se King filed. eee
06/03/2020 Notice of Docket Entry: Vhay
The Court ADVANCES this case pursuant to Land Court Standing Order
6-20. The Court ORDERS the parties to appear for a telephonic
case-management conference on June 19, 2020 at 9:00 a.m. A separate
notice of telephonic hearing will issue. The Court ADVISES the parties that,
until further notice, all filings in this action are to be made electronically by
e-mail to the Sessions Clerk, with an electronic copy to all parties who have
entered an appearance. The Court further ADVISES the parties that the
Court will send all notices in this action electronically to counsel of record at
the e-mail addresses each attorney has provided to the Board of Bar
Overseers. Attarneys who prefer to receive notices at a different e-mail
address must change their official address with the Board. The Sessions
Clerk cannot change an attorney's official e-mail address. SO ORDERED.
-
Parties notified
Judge:
-------------------
sd je. Vhay,
Vinay, Hon.
mon. Michael
Micnaei yyD ee ----
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CRTR2709-CR &. aoe COMMONWEALTH OF MASSACHUSETTS
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)
LAND COURT DEPARTMENT
Docket Report
+3)
06/03/2020 Scheduled Vhay
Judge: Vhay, Hon. Michael D
Event: Telephone Conference Call
Date:
Pale. 06/19/2020
------------------- Time: |09:00
YOLISieueU Time: AM
ee Mn eee eee eee -
06/19/2020 Event Resulted: Telephone Conference Call scheduled on: Vhay
. 06/19/2020 09:00 AM
Has been: Held
ee -- - Hon.
annn-------- IO ¢ Michael
Mienaet DBn!
Vhay, a Presiding
Tesiaing 8 --- ----- --- =
06/19/2020 Scheduled Vhay
Judge: Vhay, Hon. Michael D
Event: Telephone Conference Call
- Date:
PEL 07/10/2020
o----------------- Time: 09:00
UUNeved hime AM
oe AM eee
06/19/2020 Notice of Docket Entry: Vhay
Telephonic status conference held. Plaintiff Granitz Family Trust and
Defendant/Third-Party Plaintiff Arthur Cain appeared through counsel.
Third-Party Defendant Barbara King did not appear. Counsel for Mr. Cain
Teported that Ms. King had served on Cain an answerto Cain's third-party
complaint. As Ms. King has not filed her answer with the Court, the Court
ORDERS King to send to the Sessions Clerk in this case electronically (at
Jennifer. Masello@jud.state.ma.us) by June 29, 2020 a copy of the answer
she served on Mr. Cain, with copies by e-mail to counsel for Granitz Family
Trust (at PHeffernan@tintinavins.com) and counsel for Cain (at
RTraini@rtrainilaw.com ). (Since Ms. King has not filed an appearance in this
case, the Court ORDERS Mr. Cain to serve King promptly with a copy of this
Order, and file by June 29, 2020 a certificate of service of this order.) Granitz
Family Trust stated that it may amend its complaint should Mr. Cain not
close when required under the parties’ alleged purchase and sale agreement.
The Court ORDERS Granitz Family Trust to file by July 8, 2020 any such
amended complaint. The Court further ORDERS the parties to appear on July
10, 2020 at 9:00 AM for a further telephonic case management conference.
A separate notice of case management conference will issue. SO
ORDERED.
Parties notified
--- Judge: Vhay, Hon. Michael D anne een --
<2 ee ------- ---- --
07/03/2020 Notice of. Docket Entry: Vhay
In light of the Court's request for transfer of this case to the Superior Court,
the‘Court CANCELS the July 10, 2020 case-management conference. SO
ORDERED.
Parties notified
- Judge:
~-----------------“Mage. Vhay, Hon. Michael
Vine Lon. Mcneela D
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20m COMMONWEALTH OF MASSACHUSETTS
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CRTR2709-CR,
LAND COURT DEPARTMENT
Docket Report
B
07/03/2020 Event Resulted: Telephone Conference Call scheduled on: Vhay
07/10/2020 09:00 AM
Has been: Canceled
~ oo -- 5-4 ~ ee ~~~ ~~ Hon.
SPO, Michael
Milonaet D VN
Vhay, J Presiding
Tesiall NG _______-_------------.--. --
07/08/2020 Case Disposed by Transfer.
Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 9
Preview
CRTR2709-CR aon COMMONWEALTH OF MASSACHUSETTS 21 j 3 LAND COURT DEPARTMENT - Docket Report Sa iS 19 MISC 000568 Granitz Family Trust, tte v. Cain, Arthur , et al. VHAY CASE TYPE: Miscellaneous FILE DATE: 11/21/2019 ACTION CODE: EQA CASE TRACK: DESCRIPTION: EQA - Equitable Action Involving Any Right, Title or Interest in Land, G.L. Chapter 185, § 1 (k) CASE DISPOSITION DATE:07/08/2020 CASE STATUS: Closed CASE DISPOSITION: Case Disposed by Transfer. STATUS DATE: 07/08/2020 CASE JUDGE: Vhay, Michael D CASE SESSION: PROPERTY ADDRESS: 20 Corman Road CITY/TOWN: Boston Plaintiff Private Counsel SOF 657919 Granitz Family Trust, LLC Thomas J Hogan ERK: 'S Fi LE OFs Ro - Tinti & Navins, P. MG Tinti & Navins, P, 27 Congress St MUL q 202n Suite 414 “eH eL v0 Salem, MA 01 Work Phone (978) 745 Clene Don, Vay Op Added Date: 11/21/2019 Private Counsel 5739 Patrick Joseph Heffernan Tinti & Navins, P.C. Tinti & Navins, P.C. 27 Congress St Suite 414 Salem, MA 01970 Work Phone (978) 745-8065 Added Date: 11/21/2019 Defendant Private Counsel 501570 Cain, Arthur Rosemary A Traini Massachusetts Bar 858 Washington St 3rd Floor Suite 302 Dedham, MA 02026 Work Phone (781) 461-8300 Added Date: 12/12/2019 Defendant Pro Se PROPER King, Barbara Pro Se 124 Boston Street Massachusetts Bar Salem, MA 01970 Added Date: 06/30/2020 Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 1 o— CRTR2709-CR eam COMMONWEALTH OF MASSACHUSETTS aS LAND COURT DEPARTMENT Docket Report RQ Date Fees/Fines/Costs/Charge Assessed Paid Dismissed Balance 11/21/2019 Land Court miscellaneous filing fee 240.00 240.00 0.00 0.00 Receipt: 411672 Date: 11/21/2019 wee enn nn ee nnn en ne en en een ee ee een nee eee enn en nen nnn eee eee ee 11/21/2019 Land Court surcharge Receipt: 411672 15.00 15.00 0.00 0.00 Date: 11/21/2019 aoe eee eee 11/21/2019 Land Court summons Receipt: 411672 5.00 5.00 0.00 0.00 Date: 11/21/2019 wanna nnn n nn eon ---- 2 n- 5 e e ee eee eeeeeee Total 260.00 260.00 0.00 0.00 Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 2 CRTR2709-CR COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT Docket Report Date | Ref | Description Judge 11/21/2019IY aA 8 Comp SE filed. eee eee eee Wee -- 7-22-22 === ---------- 11/21/2019 AS SS Case as: RSE igned to the I I OSESAverage Track per Land 1 ARS aoe oe OSCourt Standing Order ee 1:04. 11/21/2019LS ~SAIOL = = Uniform SSE Counsel SSIS Certificate for SU Civil Cases MSfiled byye Plaintiff. ee eee a11/21/2019 een Motion for ee ne Endorsement Ne of Memorandum Ne Lis Pendens filed. ee eee ee eee ee eee eee ne 11/26/2019 ee The eecaseeee has been eee assigned to the I A Track. Notice a sent. a eee 11/26/2019 Event Scheduled Vhay Judge: Vhay, Hon. Michael D Event: Case Management Conference wane eee ~~ Date: NE, 12/12/2019 Time: Delete tS time 10vi. AM -----------+------------------------ eee 11/26/2019 Scheduled Vhay Judge: Vhay, Hon. Michael D Event: Motion for Lis Pendens Date: ale: 12/12/2019 ------------------- Time: |10:00 TeflereV 9 lime: AM we Meee eee e+e 12/12/2019 ee ee Plaintiff nanan ee Granitz Family ee Statement ee for Case eeeManagement Conference nnn ree filed. ee 12/12/2019IS 2 AOE Summons SETS returned tees to Court eee with ee service on eeArthur Cain SO filed. === -------- +e 12/12/2019 Defendant's Opposition to Plaintiff's Motion for a Memorandum of Lis Pendens woe eee een eee filed, RE 2-2 - +--+ 2-2 12/12/2019 Event Resulted: Case Management Conference scheduled on: Vhay 12/12/2019 10:00 AM Has been: Held ------- ~~~ Hon. Michael DVt Vhay, en. Miienaet Vinay, Presiding Fre ain ooo 2-8-2 === === -------- 12/12/2019 Event Resulted: Motion for Lis Pendens scheduled on: Vhay 12/12/2019 10:00 AM Has been: Held == - H ON . Michael aa---------- Michael DBnet Vhay, A Presiding TESIOING ___-------------------------------------- 12/12/2019it -------- fae ainingFee and Order of Approval eee ofSh Lisa Pendens one ne issued. ee eee eee Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 3 GRTR2709-CR es 5 kos COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT Docket Report 12/12/2019 Notice of Docket Entry: Vhay ‘ Case management conference, initial intervention event, and hearing held on plaintiff Granitz Family Trust's motion for endorsement of memorandum of lis pendens. The parties appeared through counsel. The Trust seeks a declaratory judgment that a purchase and sale agreement for 20 Corman Road in Mattapan, Massachusetts, is enforceable. Defendant Arthur Cain contends that he terminated the agreement before it became effective. The Court ORDERS Mr. Cain to file by December 19, 2019 an answer along with any counterclaims and third-party claims he wishes to bring. Should Mr. Cain file third-party claims, the Court ORDERS Mr. Cain to serve a summons and his third-party complaint on all third parties by January 4, 2020. The Court further ORDERS the current parties to confer and to submit by January 4, 2020 a joint written status report stating either: (1) the parties (including any third parties) have agreed to mediate the dispute (including the name of the chosen mediator and date of scheduled mediation, if available); (2) the parties have discussed settlement but are waiting for third parties to weigh in; or (3) the parties have not agreed to settle at this time. Having heard arguments from the parties, the Court GRANTS the Trust's motion for endorsement of memorandum of lis pendens pursuant to M.G.L. c. 184 § 15. The current parties agree to receive notices from the Court by electronic mail instead of regular mail. SO ORDERED. Parties notified Judge: SUOge: Vhay, ------------------- vay, Hon. Mon. Michael Milenael DMW __--------------------------------------------- 12/24/2019 Motion with Incorporated Memorandum to Dismiss Plaintiffs Complaint for Failure to Name a Necessary Party Pursuant to Mass.R.Civ.P. 12(b)(7) or Alternatively, to Add a Necessary Party Pusuant to Mass R. Civ. P. 19(a) a+. aanee aoe-------- 124: aft and Counter aewees wo------ -- 01/02/2020 Notice of Docket Entry: Vhay The Court has received Mr. Cain's Motion to Dismiss for Failure to Name a Necessary Party. The Court will not set a deadline for the filing of an opposition and hearing until the Court has received the parties' upcoming status report. SO ORDERED. Parties notified ay, or wee itus mwReport pon as -- 01/06/2020 Plaintiff and Defendant in Counterclaim's Answer to Defendant and Plaintiff ------------------- ‘ounterclaim's ountercialm Ss Counterclaims Lounterclaims filed. Med. ee ------------------| 01/06/2020 Plaintiff Granitz Family Trust, LLC's Motion to Dismiss Defendant Arthur Cain's Counterclaim One Related to Breach of Contract Pursuant to M.R.C.P. ~------------------12(b)(8) 1A COfiled. i ee Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 4 GRTR2709-CR Om SS COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT fx; Docket Report & \ 2 rere” 01/13/2020 Notice of Docket Entry: Vhay Z/ The Court has reviewed the parties’ Joint Status Report. The Court ORDERS the Trust to file by January 24, 2020 any opposition it may have to Mr. Cain's motion to dismiss. The Court ORDERS the parties to appear on February 7, 2020 at 10:15 a.m. for a hearing on Mr. Cain's motion. SO ORDERED. Parties notified Judge: -------5------- ~~ ee Je. Vhay, Way, Hon. TON. Michael Wienael D ~~~ ---- eee 01/13/2020 Scheduled Vhay Judge: Vhay, Hon. Michael D Event: Motion oo Date: 02/07/2 ate Bet Time: 10:15 JAMAM ~~. ------------------------------------ 01/14/2020 Assented to Motion to Continue Hearing Date filed.. ALLOWED. Vhay Judge: SUOge. Vhay, ------------------- Via 2 Hon. DON. Michael Mlenael Dt ------------------------------------------------ 01/14/2020 Event Resulted: Motion scheduled on: Vhay 02/07/2020 10:15 AM Has been: Rescheduled ~~ - Hon. eo----------- TI Michael ast D ee Vhay, SUIESMING Presiding _--------------------------+---------------- 01/14/2020 Scheduled Vhay Judge: Vhay, Hon. Michael D Event: Motion Date: MRO 02/13/2020 ~------------------ el Teteved Tim Lin 00WAN. AM ----------------------------------- 01/24/2020 Plaintiff, Granitz Family Trust, LLC's Opposition to Defendant Arthur Cain's Motion with Incorporated Memorandum to Dismiss Plaintiffs Complaint for failure to name a Necessary Party Pursuant to Mass.R.Civ. P. 12(B)(7) or Alternatively, to Add a Necessary Party Pursuant to Mass.R.Civ.P. 19 (A) woe eee eo ---- filed EG s --------- === - =~ eee e- 01/30/2020 Notice of Docket Entry: Vhay On January 6, 2020, Plaintiff moved to dismiss Mr. Cain's Counterclaim One. The Court ORDERS Mr. Cain to file by February 7, 2020 any opposition to that motion. The Court further ORDERS Mr. Cain to send an electronic courtesy copy of the opposition to the Trust and the Sessions Clerk at the time of filing. The Court ORDERS the parties to appear for a hearing on Plaintiffs motion on February 13, 2010 at 10:00 am, the same time previously set for a hearing on Mr. Cain's pending motion to dismiss. SO ORDERED. Parties notified aoee----------Judge: Vhay, SUE: Ve Hon. mon. Michael D Wicnael ly. ------------------------------------------ 02/07/2020Defendant's Opposition to Plaintiffs Motion to Dismiss Count One of Defendants Welengants Counterclai ------------------. Lounterciaim, , filed. Meg ee ee eee Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 5 CRTR2708-CR ADP Br COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT Docket Report wd 02/13/2020 Event Resulted: Motion scheduled on: Vhay 02/13/2020 10:00 AM Has been: Held aoe----------- ~~ Hon, Michael DVvVhay, On Michael Presiding === na ¥, Testeing 02/14/2020 Notice of Docket Entry: Vhay Hearing held on (1) defendant Arthur Cain's motion to dismiss for failure to name a necessary party and (2) plaintiff Granitz Family Trust's motion to dismiss Mr. Cain's counterclaim for breach of contract. The parties appeared through counsel. After hearing arguments from the parties, the Court DENIES Mr. Cain's motion to dismiss. The Court takes the Trust's motion under advisement pending a receipt of further briefing from the parties. The Court ORDERS Mr. Cain to file by February 18, 2020 a memorandum of law on the issue of the damages he intends to seek on account of the Trust's alleged breach of contract. Should Mr. Cain file such a memorandum, the Court ORDERS the Trust to file any response by February 25, 2020. SO ORDERED. Parties notified --- Judge: #uage: Vhay, ~------------ Vinay, H1 - 02/18/2020 Defendant's Supplemental Opposition to Plaintiff's Motion to s Count oe eee eee --- =~ One of Defendant's Counterclaim filed. - SES OF STENCAMS YOUNES CAIN Med. _------~--------------------------------- 02/24/2020 Plaintiff Granitz Family Trust LLC's Response to defendant's Supplemental Opposition to Plaintiffs Motion to Dismiss Count One of Defendants aoe ee ee ----- ~~ Counterclaims EET filed. OSG -- -- ---------------------------------------- Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 6 CRTR2709-CR ob B COMMONWEALTH OF MASSACHUSETTS ( LAND COURT DEPARTMENT Docket Report LH aI 02/28/2020 Notice of Docket Entry: Vhay The Court has reviewed Mr. Cain's Supplemental Opposition to Plaintiff's Motion to Dismiss Count One of Defendant's Counterclaim, and the Plaintiff's Response to the supplemental opposition. The Court GRANTS Plaintiff's Motion to Dismiss Count One of Defendant's Counterclaim. The only issue presented on the face of Count One is whether Plaintiff's alleged late payment of the deposit under the parties' alleged agreement excused Mr. Cain from performance of his duties under that agreement. That is a defense to Plaintiffs enforcement of the agreement, and does not result in a counterclaim under the agreement. Mr. Cain's argument that the counterclaim also presents the issues of (a) whether the alleged agreement's liquidated damages provision caps Plaintiffs’ remedies in this action; and (b) whether Mr. Cain can recover attorneys’ fees has no support in what Count One alleges, or in the text of the alleged agreement. Consistent with the Court's discussion on February 14, 2020 with the existing parties, the Court ORDERS Mr. Cain (a) to file by March 12, 2020 any amendment to his counterclaims, or third-party claims, pertaining to the actions of Barbara King; (b) serve a summons and any third-party complaint against Ms. King by March 27, 2020; and (c) file by April 10, 2020 a return of service on Ms. King. SO ORDERED. Parties notified Judge: SUGGE: Vhay, a------------------ Vie Hon. HON. Michael WICNAEN D ee + 03/42/2020 ee ee nec Amendedce Answer Affirmative ene ne ee Defenses and Counterclaim re Ce ee et filed. ee ne ee 03/42/2020 web lelevey SELES Third Party MeeeComplaint eee filed eG a oe ene ee enn eee 04/07/2020 een eee ee Summons returned cc rcto Court with ee,service on Barbara Se King filed. eee 06/03/2020 Notice of Docket Entry: Vhay The Court ADVANCES this case pursuant to Land Court Standing Order 6-20. The Court ORDERS the parties to appear for a telephonic case-management conference on June 19, 2020 at 9:00 a.m. A separate notice of telephonic hearing will issue. The Court ADVISES the parties that, until further notice, all filings in this action are to be made electronically by e-mail to the Sessions Clerk, with an electronic copy to all parties who have entered an appearance. The Court further ADVISES the parties that the Court will send all notices in this action electronically to counsel of record at the e-mail addresses each attorney has provided to the Board of Bar Overseers. Attarneys who prefer to receive notices at a different e-mail address must change their official address with the Board. The Sessions Clerk cannot change an attorney's official e-mail address. SO ORDERED. - Parties notified Judge: ------------------- sd je. Vhay, Vinay, Hon. mon. Michael Micnaei yyD ee ---- Printed: 07/08/2020 10:22 am Case No: 19 MISC C00568 Page: 7 CRTR2709-CR &. aoe COMMONWEALTH OF MASSACHUSETTS . ) LAND COURT DEPARTMENT Docket Report +3) 06/03/2020 Scheduled Vhay Judge: Vhay, Hon. Michael D Event: Telephone Conference Call Date: Pale. 06/19/2020 ------------------- Time: |09:00 YOLISieueU Time: AM ee Mn eee eee eee - 06/19/2020 Event Resulted: Telephone Conference Call scheduled on: Vhay . 06/19/2020 09:00 AM Has been: Held ee -- - Hon. annn-------- IO ¢ Michael Mienaet DBn! Vhay, a Presiding Tesiaing 8 --- ----- --- = 06/19/2020 Scheduled Vhay Judge: Vhay, Hon. Michael D Event: Telephone Conference Call - Date: PEL 07/10/2020 o----------------- Time: 09:00 UUNeved hime AM oe AM eee 06/19/2020 Notice of Docket Entry: Vhay Telephonic status conference held. Plaintiff Granitz Family Trust and Defendant/Third-Party Plaintiff Arthur Cain appeared through counsel. Third-Party Defendant Barbara King did not appear. Counsel for Mr. Cain Teported that Ms. King had served on Cain an answerto Cain's third-party complaint. As Ms. King has not filed her answer with the Court, the Court ORDERS King to send to the Sessions Clerk in this case electronically (at Jennifer. Masello@jud.state.ma.us) by June 29, 2020 a copy of the answer she served on Mr. Cain, with copies by e-mail to counsel for Granitz Family Trust (at PHeffernan@tintinavins.com) and counsel for Cain (at RTraini@rtrainilaw.com ). (Since Ms. King has not filed an appearance in this case, the Court ORDERS Mr. Cain to serve King promptly with a copy of this Order, and file by June 29, 2020 a certificate of service of this order.) Granitz Family Trust stated that it may amend its complaint should Mr. Cain not close when required under the parties’ alleged purchase and sale agreement. The Court ORDERS Granitz Family Trust to file by July 8, 2020 any such amended complaint. The Court further ORDERS the parties to appear on July 10, 2020 at 9:00 AM for a further telephonic case management conference. A separate notice of case management conference will issue. SO ORDERED. Parties notified --- Judge: Vhay, Hon. Michael D anne een -- <2 ee ------- ---- -- 07/03/2020 Notice of. Docket Entry: Vhay In light of the Court's request for transfer of this case to the Superior Court, the‘Court CANCELS the July 10, 2020 case-management conference. SO ORDERED. Parties notified - Judge: ~-----------------“Mage. Vhay, Hon. Michael Vine Lon. Mcneela D Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 8 20m COMMONWEALTH OF MASSACHUSETTS O CRTR2709-CR, LAND COURT DEPARTMENT Docket Report B 07/03/2020 Event Resulted: Telephone Conference Call scheduled on: Vhay 07/10/2020 09:00 AM Has been: Canceled ~ oo -- 5-4 ~ ee ~~~ ~~ Hon. SPO, Michael Milonaet D VN Vhay, J Presiding Tesiall NG _______-_------------.--. -- 07/08/2020 Case Disposed by Transfer. Printed: 07/08/2020 10:22 am Case No: 19 MISC 000568 Page: 9