Yatsenick, Rick Et Al Vs. Old Wharf Village Llc Et Al

ORDER: Jury Trial Order issued this day by Rufo, J. Sent to BJG; DEP

Defendants Old Wharf Village LLC, Charles Edgar's Motion for judgment on the pleadings MRCP 12(c)

ORDER: After Pre-Trial Conference: Motion(s) for Summary Judgment to be filed in court on or before 12/07/2016. Summary Judgment hearing to be held on 12/15/2016 at 2:30 PM. Clerk's Notices mailed on 08/03/2016 to BKG, DEP and LMC.

Notice of docket entry received from Appeals Court re Interlocutory appeal (left jacket)

Endorsement on Motion to Withdraw Appearance (#71.0): ALLOWED with assent of Plaintiff's co-counsel. copy to: BG,DP,DH 6/5/18. Judge: Higginbotham, Christine M

Endorsement on Motion to continue / reschedule an event 11/6/18 Trial date (#83.0): Other action taken Plaintiffs' to provide an Offer of proof. Continued for further hearing on Nov. 6, 2018, at 2:30pm (Attys present) Judge: Gildea, Hon. Mark

Plaintiff Rick Yatsenick, Joal Yatsenick's EMERGENCY Motion to continue / reschedule an event 11/06/2018 09:00 AM Jury Trial

Endorsement on Motion for summary judgment, MRCP 56 (#43.1): DENIED After hearing, denied. There are genuine issues of material fact. Matter to be scheduled for pre-trial conference July 28, 2017, at 10:00 AM. (See image for text). Clerk's Notices mailed on 05/10/2017 to BKG, DEP, DRH, JAW and SJD.

List of exhibits Unagreed Applies To: Perkins, Esq., Djuna E (Attorney) on behalf of Old Wharf Village LLC (Defendant); Troyer, Esq., Douglas Allen (Attorney) on behalf of Yatsenick, Rick (Plaintiff)

Endorsement on Motion in limine to exclude (#56.0): evidence of other unit owners understanding of the permitted use of the property: ALLOWED (Attys. present) Judge: Gildea, Hon. Mark

Endorsement on Motion to continue / reschedule an event (#83.1): November 6, 2018 trial date due to the unexpected availability of a material and necessary witness: After hearing ALLOWED Trial continued to November 26, 2018, at 9:00am. Counsel to inform the court as to an agreeable date for hearing on motions in limine. (Attys. present and notice mailed to KFB, BKG, DEP, DMC 11/8/18) Judge: Gildea, Hon. Mark

Endorsement on Motion for (#52.0): Order that jury render non-binding advisory findings on GLc. 93A claim: ALLOWED (Attys. present)

Pre-Trial ORDER: Trial with jury 8-10 days, scheduled for 10/23/17. Joint pre-trial memo p#20, out of state witnesses or experts (CT,NY) no need for interpreters. copy to: BG,DP 7/28/17.

Endorsement on Motion for judgment on the pleadings MRCP 12(c) (#50.0): DENIED After hearing, this motion is DENIED for the reasons stated in the plaintiffs' opposition. (See image for endorsement). Clerk's Notices mailed on 03/06/2018 to BKG, DAT and LMC. Judge: Pasquale, Hon. Gregg J

Endorsement on Motion in limine to (#57.0): prohibit all reference to 405 Old Wharf Village Road as a commercial motel or timeshare property. ALLOWED (Attys. present)

Endorsement on Motion in limine to exclude (#58.0): evidence of other alleged malfeasance of the defendants. Reserved Judge: Gildea, Hon. Mark

Endorsement on Motion in limine to preclude (#60.0): evidence related to claims against Stacey Curley and actions of Stacey Curley. ALLOWED (Attys. present) Judge: Gildea, Hon. Mark

Endorsement on Motion to (#80.0): amend the complaint DENIED (Attys. present) Judge: Gildea, Hon. Mark

Endorsement on Motion in limine to (#81.0): re juror questionaire DENIED (Attys. present) Judge: Gildea, Hon. Mark

Endorsement on Motion to preclude (#89.0): testimony of plaintiffs' expert witness Reserved (Attys. present) Judge: Gildea, Hon. Mark

Affidavit of compliance with Superior Court Rule 9A Applies To: Perkins, Esq., Djuna E (Attorney) on behalf of Old Wharf Village LLC (Defendant)

Endorsement on Motion for voir dire (#82.0): to be attorney conducted DENIED (Attys. present) Judge: Gildea, Hon. Mark

Plaintiff Rick Yatsenick, Joal Yatsenick's Motion for Court order regarding plaintiffs' testimony concerning Stacey Curley

Endorsement on Motion in limine to preclude (#76.0): defendants' from re-litigating issues of fact Judicially determined in prior litigation and to instruct the jury as to the preclusive effect of such prior Judicial findings ALLOWED in part and DENIED in part (See image for full decision). (Attys. present) Judge: Gildea, Hon. Mark

Defendant Old Wharf Village LLC, Charles Edgar's Motion to amend answer to amend a mistake

Endorsement on Motion in limine to preclude (#52.1): defendants' introduction of evidence and/or commentary on other litigation including Old Wharf Village, LLC et al vs. Dawn M. Skiba et al Barnstable District Court CA No. 1525cv0400 ALLOWED as to facts, DENIED as to lawsuit. (Attys. present) Judge: Gildea, Hon. Mark

Reply/Sur-reply Defendants' to plaintiffs' opposition with supplemental affidavit in support

Affidavit of Djuna Perkins, Esq. in support of Defendant's Sur-Reply

Affidavit of Atty. Martin A. Loria in support of opposition to defendants' motion for costs and attorney's fees

Affidavit of Douglas A. Troyer, Esq.

Defendant Old Wharf Village LLC, Charles Edgar's Motion to dissolve real estate attachment as to Charles Edgar

Affidavit of Attorney Erric H. Price

MEMORANDUM & ORDER: Judge: Gildea, Hon. Mark on Plaintiffs' motion for new trial: DENIED (copy mailed to KFB, BKG, DEP 5/6/19)

Notice of appeal filed. Applies To: Yatsenick, Rick (Plaintiff); Yatsenick, Joal (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A Applies To: Perkins, Esq., Djuna E (Attorney) on behalf of Old Wharf Village LLC (Defendant)

Endorsement on Motion in limine to preclude (#52.3): re-litigation of the fact that the defendants' intended the development to be year-round, single family condominiums: Reserved (Attys. present)

Plaintiff Rick Yatsenick, Joal Yatsenick's EMERGENCY Motion to continue / reschedule an event 11/06/2018 09:00 AM Jury Trial due to the unexpected availability of a material and necessary witness

Endorsement on Motion to continue / reschedule an event Nov. 6, 2018 Trial (#83.0): After hearing Other action taken counsel to appear for further hearing on November 5, 2018, at 9:00am (Attys notified) Judge: Gildea, Hon. Mark

Old Wharf Village LLC, Charles Edgar's Memorandum in support of motion for costs and attorney's fees

Affidavit of Brian K. Galletta, Esq. in support of opposition to defendants' motion for costs and attorney's fees

Opposition to to motion for directed verdict re Breach of contract claim filed by Rick Yatsenick, Joal Yatsenick

Endorsement on Motion to amend the answer (#97.0): ALLOWED (Attys. present) Judge: Gildea, Hon. Mark

Defendant Old Wharf Village LLC, Charles Edgar's Motion for costs and attorney fees (Emailed to Gildea, J. 1/23/19)

Opposition to (P#111) Defendants' motion for costs and attorney's fees filed by

Affidavit of Kevin F. Bowen, Esq., in support of opposition to defendants' motion to costs and attorney's fees

Endorsement on Motion in limine to preclude (#52.2): evidence of Plaintiffs' settlement with Stacey Curley: ALLOWED (Attys. present) Judge: Gildea, Hon. Mark

Rescript received from Appeals Court; judgment AFFIRMED Order denying motion for new trial affirmed..

Rule 9A list of documents filed. (Emailed to Gildea, J. 8/2/19)

Affidavit of compliance with Superior Court Rule 9A Applies To: Old Wharf Village LLC (Defendant)

Notice to Clerk of the Appeals Court of Assembly of Record

Reply/Sur-reply to Plaintiffs' opposition Applies To: Old Wharf Village LLC (Defendant)

Endorsement on Motion in limine to preclude (#52.4): Old Wharf Village, LLC and Charles Edgar from calling any witnesses, including Steven J. Pizzuti, Esq., at trial: ALLOWED no opposition. (Attys. present)

Opposition to (P#100) motion for directed verdict as to Intentional Misrepresentation and 93A claim filed by Rick Yatsenick, Joal Yatsenick

Endorsement on Request to (#102.0): reform and supplement the proposed jury instructions. ALLOWED in part and DENIED in part as set forth on the record. (Attys. present) Judge: Gildea, Hon. Mark

Endorsement on Motion for Directed Verdict filed (#100.0): as to Intentional Misrepresentation and 93A claim. DENIED (Attys. present) Judge: Gildea, Hon. Mark

Endorsement on Motion for Directed Verdict filed (#98.0): as to Breach of contract claim. DENIED (Attys. present) Judge: Gildea, Hon. Mark

Certification/Copy of Letter of transcript ordered from Court Reporter 11/19/2018 03:00 PM Motion Hearing, 11/26/2018 09:00 AM Jury Trial, 11/27/2018 09:00 AM Jury Trial, 11/28/2018 09:00 AM Jury Trial, 11/29/2018 09:00 AM Jury Trial, 11/30/2018 09:00 AM Jury Trial, 12/03/2018 09:00 AM Jury Trial, 02/22/2019 02:00 PM Post-Judgment Hearing

Appeal: Statement of the Case on Appeal (Cover Sheet).

Notice of assembly of record sent to Counsel

Notice of Entry of appeal received from the Appeals Court 2019-P-1670

Affidavit of Brain K. Galletta, Esq., in support of plaintiffs' reply

Verdict of jury for party Applies To: Old Wharf Village LLC (Defendant); Edgar, Charles (Defendant)

Exhibits Returned Brian K. Galletta, Esq.

Defendant Old Wharf Village LLC, Charles Edgar's Motion to request offset and to calculate interest only on portion of judgment for actual damages separate from offset amount.

Opposition to P#108, plaintiffs' motion for new trial filed by Djuna E. Perkins, Esq., for defendants

Affidavit of compliance with Superior Court Rule 9A Applies To: Perkins, Esq., Djuna E (Attorney) on behalf of Old Wharf Village LLC (Defendant)

Affidavit of Brian K. Galletta, Esq.

Plaintiffs Rick Yatsenick, Joal Yatsenick's Motion for New Trial (All papers forwarded to Judge Mark C. Gildea by scan followed by email on 01/11/2019)

Plaintiffs Rick Yatsenick, Joal Yatsenick's Reply to P#108.3, defendants' opposition to plaintiffs' motion for new trial

JUDGMENT on jury verdict for the Defendant(s), Old Wharf Village LLC, Charles Edgar against Plaintiff(s), Rick Yatsenick, Joal Yatsenick, who will recover statutory costs. It is FURTHER ORDERED that the counterclaim and any and all claims be and hereby are dismissed. (copy mailed to BKG, KFB, DEP)

Defendant(s) Old Wharf Village LLC's Motion to discharge attachment of property of Old Wharf Village, LLC. (Emailed to Gildea, J. 1/17/19)

Affidavit of compliance with Superior Court Rule 9A Applies To: Galletta, Esq., Brian K (Attorney) on behalf of Yatsenick, Joal, Yatsenick, Rick (Plaintiff)

Opposition to (P#109) Defendant's motion to discharge attachment filed by Rick Yatsenick, Joal Yatsenick

Opposition to (P#110) motion for leave to file supplemental memorandum re motion to dissolve real estate attachment filed by Rick Yatsenick, Joal Yatsenick

Affidavit of Djuna Perkins, Esq. in support of Motion for Leave to file Supplemental Memorandum.

Old Wharf Village LLC's MOTION for reconsideration of Court Order dated 05/03/2019 re: paper #109.0. Denial of motion to discharge attachment of real property of Old Wharf Village, LLC.

Reply/Sur-reply to plaintiffs' opposition to discharge attachment Applies To: Old Wharf Village LLC (Defendant)

Opposition to (P#116) Deft., Old Wharf Village, LLC.'s, motion for reconsideration of motion to discharge real estate attachment filed by Rick Yatsenick, Joal Yatsenick

Affidavit of Charles M. Edgar in support

Affidavit of Eric H. Price, Esq.

ORDER: Final Judgment for the defendants having issued in this matter on January 25, 2021, this court hereby orders the Barnstable County Sheriff to return forthwith all funds held pursuant to G.L. c.233, 128 and described in attached Exhibit A to the Defendant, Old Wharf Village. Certified copy to EHP, DP, LC, JB on 2/22/21

Endorsement on Motion for Return of Funds (#128.0): ALLOWED Notice to EHP, DP, LC, JB on 2/22/21

ORDER: After a Trial Assignment Conference, IT IS ORDERED; 7-9 day Jury Trial 3/21/18, parties out of State, witnesses out of State. copy to: BG,DP,DT 12/18/17. Judge: Perrino, Thomas J

JUDGMENT/ORDER after Rescript: The original judgment (#107.0) is Affirmed. THIS JUDGMENT AFTER RESCRIPT IS VACATED. SEE P# 125. Certified copy mailed to SJD, DEP, DRH, EP, BKG, KFB

ORDER: After a Trial Assignment Conference, IT IS ORDERED; Trial with jury 7-9 days, scheduled for 11/5/18, Motions in Limine 11/5/18, Impanelment 11/6/18. Judge: Nickerson, Scott W

Opposition to Defendants' motion for partial dissolution of real estate attachments as to the deft., Charles Edgar filed by Rick Yatsenick, Joal Yatsenick

Plaintiff files offer of proof as to admissibility of the testimony of Daniel Fortier Applies To: Yatsenick, Rick (Plaintiff); Galletta, Esq., Brian K (Attorney) on behalf of Yatsenick, Rick (Plaintiff)

Response to (P#81) Plaintiffs' motion in limine for Juror questionnaire filed by Old Wharf Village LLC, Charles Edgar

Affidavit of compliance with Superior Court Rule 9A Applies To: Perkins, Esq., Djuna E (Attorney) on behalf of Old Wharf Village LLC (Defendant)

Opposition to Defts' motion in limine to preclude testimony of plaintiffs' expert witness filed by Rick Yatsenick, Joal Yatsenick

Affidavit of in support Djuna Perkins

Opposition to (P#78) Plaintiffs' motion in limine to preclude the defendants' introduction of evidence and/or commentary regarding the plaintiffs' refusal to rent or sell Unit 204 in order to mitigate damages filed by Old Wharf Village LLC, Charles Edgar

Opposition to Douglas Troyer's Emergency Motion to Withdraw, P.#71, filed by Rick Yatsenick, Joal Yatsenick

Response to (P#82) Plaintiffs' motion in limine for Attorney conducted panel voir dire filed by Old Wharf Village LLC, Charles Edgar

Affidavit of Douglas A. Troyer Applies To: Troyer, Esq., Douglas Allen (Attorney) on behalf of Yatsenick, Rick (Plaintiff)

Opposition to p#70 filed by Old Wharf Village LLC, Charles Edgar Applies To: Perkins, Esq., Djuna E (Attorney) on behalf of Edgar, Charles (Defendant); Chiodo, Esq., Lynne M (Attorney) on behalf of Edgar, Charles (Defendant)

Opposition to (P#76) Plaintiffs' motion in limine to preclude the defendants' from re-litigating issues of fact judicially determined in prior litigation and to instruct the jury as to preclusive effect of such prior judicial findings filed by Old Wharf Village LLC, Charles Edgar

Endorsement on Motion to continue / reschedule an event (#70.0): ALLOWED Judge: Nickerson, Scott W

Joint Pre-Trial Memorandum filed: (Amended) Filed by defendants only Applies To: Old Wharf Village LLC (Defendant); Edgar, Charles (Defendant)

Opposition to (P#74) Plaintiffs' motion in limine to strike defendnants' amended pre-trial conference memorandum filed by Old Wharf Village LLC, Charles Edgar

Opposition to (P#52.1) Plaintiffs' motion in limine to preclude the defendants' introduction of evidence and/or commentary on other litigation, including Old Wharf Village, LLC et al vs. Dawn M. Skiba, Personal Representative of the Estate of David J. Skiba, Barnstable District Court, CA No. 1525cv4000 filed by Old Wharf Village LLC, Charles Edgar

Plaintiffs Rick Yatsenick, Joal Yatsenick's EMERGENCY Motion to Withdraw Appearance Applies To: Troyer, Esq., Douglas Allen (Attorney) on behalf of Yatsenick, Rick (Plaintiff)

Opposition to (P#55) Plaintiffs' motion in limine to treat Stephen Foley as an adverse witness filed by Old Wharf Village LLC, Charles Edgar

Opposition to (P#52.3) Plaintiffs' motion in limine to preclude re-litigation of the fact that defendants' intended the development to be year-round, single-family condominiums filed by Old Wharf Village LLC, Charles Edgar

List of exhibits Applies To: Perkins, Esq., Djuna E (Attorney) on behalf of Old Wharf Village LLC (Defendant); Troyer, Esq., Douglas Allen (Attorney) on behalf of Yatsenick, Rick (Plaintiff) Agreed

Opposition to Defendants' motion in limine to exclude evidence of other unit owners understanding of the permitted use of the property filed by Rick Yatsenick, Joal Yatsenick

Opposition to Defendants' motion in limine to exclude evidence of other alleged malfeasance of the defendants' filed by Rick Yatsenick, Joal Yatsenick

Plaintiffs Rick Yatsenick, Joal Yatsenick's Motion for summary judgment, MRCP 56 with memorandum of law in support

Opposition to Defendants' motion in limine to prohibit all reference to 405 Old Wharf Village Road as a commercial motel or timeshare property filed by Rick Yatsenick, Joal Yatsenick

Opposition to p#50 Motion for Judgment on the Pleadings filed by Rick Yatsenick, Joal Yatsenick

Joint Pre-Trial Memorandum filed: Amended

Charles Edgar, Old Wharf Village LLC's Memorandum in opposition to P#43.1, Plaintiffs' Motion for Summary Judgment against Old Wharf Village, LLC and Charles Edgar