Alves, Antonia V Vs. Estate Of George Elvis Hodge Et Al

Defendant Elliot Schneider's Motion for Speedy Trial.

MEMORANDUM & ORDER: on Motions Relating to Summary Judgment (P15-17) Judge: Cowin, Hon. Jackie

Endorsement on Motion for summary judgment, MRCP 56 (#15.0): Other action taken Allowed as to Counts I, II, III and VII; Allowed in part and Denied in part as to Count V. See separate Memorandum and Order. Judge: Cowin, Hon. Jackie

Endorsement on Motion to strike (#17.0): DENIED Judge: Cowin, Hon. Jackie

Endorsement on Motion for Leave to File Opposition Late (#16.0): ALLOWED Judge: Cowin, Hon. Jackie

Plaintiff Antonia V Alves's Response to Defendants' Rule 9A(b)(5) Statement of Facts

Endorsement on Motion to Defer Summary Judgment Hearing and to Delay Ruling on Defendants' Summary Judgment (#18.0): DENIED See Memorandum and Order on P# 15. Judge: Cowin, Hon. Jackie

Affidavit of John A. Markey, Jr.

Opposition to Plaintiff's Rule 56(f) Motion filed by Elliot Schneider, Motorcade, LLC

ORDER: re: Motion for Summary Judgment Judge: Cowin, Hon. Jackie

Plaintiff Antonia V Alves's Motion for Leave to File Opposition Late and to Continue Summary Judgment Hearing

Antonia V Alves's Memorandum in opposition to Defendants' Motion for Summary Judgment and in Support of Cross Motion

Defendants Elliot Schneider, Motorcade, LLC's Cross Motion to Strike and Opposition to Plaintiff's Emergency Motion and Late Filing of Opposition to Defendants' Motion for Summary Judgment

Plaintiff Antonia V Alves's EMERGENCY Motion to Defer the Summary Judgment Hearing and Delay Ruling on Defendant's Summary Judgment until Discovery is Completed per the Original Tracking Order on January 19, 2023 filed Pursuant to Mass.R.Civ.P. Rule 56(f)

Defendants Motorcade, LLC, Elliot Schneider's Statement of Facts

Certificate of Compliance Superior Court Rule 9C Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC, Schneider, Elliot (Defendant)

Received from Defendants: Answer to original complaint; Applies To: Motorcade, LLC (Defendant); Schneider, Elliot (Defendant)

Motorcade, LLC, Elliot Schneider's Memorandum in support of Motion for Summary Judgment

Defendants Motorcade, LLC, Elliot Schneider's Motion for summary judgment, MRCP 56

Endorsement on Motion for special motion to dismiss (#13.0): DENIED After hearing, for the reasons stated on the record, motion DENIED Judge: Sullivan, Hon. Susan E

Opposition to #13 Defendants' Special Motion to Dismiss filed by Antonia V Alves

Certificate of Compliance Superior Court Rule 9C Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC, Schneider, Elliot (Defendant)

Affidavit of Elliot Schneider in Support of Special Motion to Dismiss

Affidavit of compliance with Superior Court Rule 9A Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC, Schneider, Elliot (Defendant)

Defendants Elliot Schneider, Motorcade, LLC's Motion for special motion to dismiss

Defendants's Notice of intent to file motion to dismiss Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC (Defendant)

Elliot Schneider, Motorcade, LLC's Memorandum in support of Special Motion to Dismiss

Service Returned for Defendant Estate of George Elvis Hodge: Service accepted by counsel;

Service Returned for Defendant Paylee, LLC: Service made at last and usual;

Service Returned for Defendant Hodge, Lezan: Service made at last and usual;

Endorsement on Motion for a Memorandum of Lis Pendens (#3.0): ALLOWED Judge: McGuire, Jr., Hon. Thomas F

Affidavit of Lezan Hodge in Opposition to Plaintiff's Motion for Entry of Lis Pendens

Plaintiff(s) Antonia V Alves's Motion for a Memorandum of Lis Pendens

Service Returned for Defendant Motorcade, LLC: Elliot Schneider; Service accepted by counsel;

Summons and order of notice issued on a Motion for Judicial Endorsement of Lis Pendens, returnable on 02/10/2021 02:00 PM Hearing for Lis Pendens. Judge: McGuire, Jr., Hon. Thomas F

Endorsement on Motion for judicial endorsement of Lis Pendens (#3.0): Other action taken the court declines to issue a memorandum of lis pendens ex parte as the motion does not indicate the defendants are beyond the court's jurisdiction or that they will likely further convey or encumber the property if notified of the plaintiff's motion. A short order of notice shall issue Judge: McGuire, Jr., Hon. Thomas F

Memorandum of Lis Pendens issued Judge: McGuire, Jr., Hon. Thomas F Applies To: Estate of George Elvis Hodge (Defendant); Paylee, LLC (Defendant); Hodge, Lezan (Defendant); Motorcade, LLC (Defendant); Schneider, Elliot (Defendant)

Original civil complaint filed.

Civil action cover sheet filed.

Motorcade, LLC, Elliot Schneider's Memorandum in support of Opposition to Plaintiff's Motion for Entry of Lis Pendens

Case assigned to: DCM Track A - Average was added on 01/29/2021

Affidavit of Compliance with Superior Court Rule 9a. Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC (Defendant)

Endorsement on Motion to continue / reschedule an event motion for speedy trial (#24.0): ALLOWED without opposition. A trial assignment conference shall be scheduled for Monday, April 25, 2022 at 2:00 PM Judge: Sullivan, Jennifer A

Affidavit of Compliance with Rule 9A. Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC (Defendant)

Defendants Elliot Schneider, Motorcade, LLC's Joint Motion for an Interdepartmental Judicial Assignment

Defendant Motorcade, LLC's Motion to File A Counterclaim against Antonio Alves and a Third-Party Complaint against Goncalo Lima.

Affidavit of Acceptance of Service

3rd Party Complaint filed.

Endorsement on Motion to File a Counterclaim (#27.0): ALLOWED

ORDER: of Transfer and Assignment

Affidavit of Compliance with Rule 9A. Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC (Defendant)

Pre-Trial ORDER: Jury Trial on 10/24/2022 2 half days Final Trial Conference 10/17/2022 @ 2pm Joint Pre-Trial Memo to be filed by 7/25/2022 Judge: Yessayan, Hon. Raffi N

ORDER: After Status Conference: A Trial Assignment Conference has been scheduled for December 1, 2022 at 3 p.m. Pending for trial are the plaintiff's claim for Unjust Enrichment; and defendant Motorcade's Counterclaims and Third-Party claims for Use and Occupancy, Possession, and Unjust Enrichment. Also pending is defendants Motorcade and Schneider's Motion for Reconsideration of the Court's order denying summary judgment on plaintiff's claim for Unjust Enrichment (No. 26). The Court will hear arguments on the Motion for Reconsideration at the Trial Assignment Conference. Counsel should be prepared to address: (1) whether the Unjust Enrichment claim survives in light of caselaw cited by the defendants in their motion; and (2) if the claim does not survive, whether the value of improvements allegedly made by Alves to the property may offset rental amounts that Motorcade alleges is owed under its Use and Occupancy and Unjust Enrichment claims. Judge: Cowin, Hon. Jackie

ORDER: Trial Order 1. Trial is scheduled for January 23, 2023 at Bristol Superior Court. **All witnesses shall immediately be notified of this date.** **Counsel is advised to preserve the testimony of experts by video recording in order to eliminate the potential for scheduling conflicts.** 2. A Final Trial Conference is scheduled for January 17, 2023 at 3 p.m. 3. The following shall be filed by January 10: a. Motions in Limine, pursuant to Rule 9A, including any motion to preclude expert testimony; b. A joint witness list, with all witnesses identified by name and address; c. A joint list of Agreed and Contested Exhibits; copies of Contested Exhibits should be brought to the Final Trial Conference; d. Any requested voir dire questions (if a jury trial); e. Any request for leave to introduce testimony by audio-visual means. 4. If the documents referenced in Paragraph 3 are e-filed, courtesy copies of all documents shall be delivered to the Session Clerk. This order supersedes any form order issued by this Court, and Standing Order 1-88(I), with respect to the filing of pre-trial documents. Judge: Cowin, Hon. Jackie

Joint Pre-Trial Memorandum filed:

Answer to the Counterclaim and Third Party Complaint filed by Toni Alves and Goncalo Lima

Defendant Elliot Schneider, Motorcade, LLC's Motion in limine in regarding Plaintiff's expert, Joseph Almeida

ORDER: After Status Conference: 1) A trial assignment conference is scheduled for December 1, 2022 at 3 p.m. by Zoom. 2) Plaintiff and Third Party Defendant are to file a Joint Pre-Trial Memorandum by November 17, 2022. If these parties do not complete their portion of the Memorandum, defendants are to file their portion and may seek dismissal/default against the adverse parties. Judge: Cowin, Hon. Jackie

Endorsement on Request for Default (#47.0): Other action taken See Order on #55. Judge: Cowin, Hon. Jackie Applies To: Hodge, Lezan (Defendant)

Certificate of service of attorney or Pro Se: John Allen Markey, Jr., Esq.Estate of George Elvis Hodge

ORDER: on Requests for Default (Nos. 53, 55 and 56) Judge: Cowin, Hon. Jackie

Endorsement on Request for Default (#53.0): ALLOWED See separate Order. Judge: Cowin, Hon. Jackie Applies To: Estate of George Elvis Hodge (Defendant)

Attorney appearance On this date John P Mathieu, Esq. added for Defendant Lezan Hodge

Endorsement on Request for Default (#45.0): Other action taken See Order on #56. Judge: Cowin, Hon. Jackie Applies To: Paylee, LLC (Defendant)

Entered as to: Defendant Hodge, Lezan: Defaulted by 55(a) request;

Plaintiff Antonia V Alves's Motion for Default Judgment and assessment of damages against defendants, Lezan Hodge, Estate of George E. Hodge and Paylee, LLC

ORDER: ORDER after Status Conference: The deadline for Plaintiff, Alves, to serve and file requests for Default Judgment and Assessment of Damages is extended to on or before April 3, 2023. Judge: Cowin, Hon. Jackie

Endorsement on Request for Default (#46.0): Other action taken See Order on #53. Judge: Cowin, Hon. Jackie Applies To: Estate of George Elvis Hodge (Defendant)

JUDGMENT entered on this date.: Default Judgment MRCP 55(b)1 After Judicial Finding Presiding: Hon. Jackie Cowin Judgment For: Antonia V Alves Judgment Against: Estate of George Elvis Hodge Paylee, LLC Lezan Hodge Terms of Judgment: Interest Begins: 01/29/2021 Jdgmnt Date: 03/22/2023 Interest Rate: .12 Daily Interest Rate: .000329 Damages: Damage Amt: 100000.00 Filing Fees: 275.00 Judgment Total: 126,002.80

Counterclaim filed.

Affidavit in Support of Request for Default

Affidavit that Defendant Lezan Hodge is not in the Military

Affidavit of compliance with Superior Court Rule 9A

Entered as to: Defendant Estate of George Elvis Hodge: Defaulted by 55(a) request;

Stipulation of dismissal without Prejudice, without Costs as to Antonia V Alves's original complaint as to Elliot Schneider, Motorcade, LLC and Goncalo Lima ONLY

Affidavit in Support of Request for Default

Antonia V Alves's request for Default 55(a) Applies To: Hodge, Lezan (Defendant)

Antonia V Alves's request for Default 55(a) Applies To: Paylee, LLC (Defendant)

Endorsement on Request for Default (#55.0): ALLOWED See separate Order. Judge: Cowin, Hon. Jackie Applies To: Hodge, Lezan (Defendant)

ORDER: on Motion for Reconsideration (No. 26) Judge: Cowin, Hon. Jackie

Affidavit of compliance with Superior Court Rule 9A Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC (Defendant)

Defendants Elliot Schneider, Motorcade, LLC's Motion for Reconsideration of the Court's Order Denying Summary Judgment Regarding Plaintiff's Claim for Unjust Entrichment.(sent to Cowin, J. via e-mail on 4/19/22 - JAS)

Opposition to an Interdepartmental Judicial Assignment. filed by Antonia V Alves(Memorandum of Law in Response)

Defendants Elliot Schneider, Motorcade, LLC's Motion for an Interdepartmental Judicial Assignment.

Affidavit of compliance with Superior Court Rule 9A Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC (Defendant)

Endorsement on Motion of the defendants for interdepartmental judicial assignment (#28.0): No Action Taken as requests for interdepartmental judicial assignments are governed by Trial Court Rule XII and the procedure set forth therein. Judge: Sullivan, Jennifer A

Defendant Motorcade, LLC's Motion for an Interim Order for Use and Occupancy Payments

Certificate of Compliance Superior Court Rule 9A Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC (Defendant)

Affidavit of Elliot Schneider in support of Defendant Motorcade, LLC's motion for use and occupancy payments

Antonia V Alves's request for Default 55(a) Applies To: Paylee, LLC (Defendant)

Defendant Elliot Schneider, Motorcade, LLC's Motion in limine to preclude Plaintiff's witnesses that will not be testifying as to expenditures

Antonia V Alves's request for Default 55(a) Applies To: Estate of George Elvis Hodge (Defendant)

Affidavit in Support of Request for Default

List of exhibits (JOINT) Applies To: Alves, Antonia V (Plaintiff); Motorcade, LLC (Defendant); Schneider, Elliot (Defendant); Lima, Goncalo (Defendant)

Affidavit that Defendant Estate of George Elvis Hodge is not in the Military

Endorsement on Request for Default (#56.0): ALLOWED See separate Order. Judge: Cowin, Hon. Jackie Applies To: Paylee, LLC (Defendant)

Affidavit of compliance with Superior Court Rule 9A Applies To: Harkavy, Esq., John (Attorney) on behalf of Motorcade, LLC (Defendant)

Witness list (JOINT) Applies To: Alves, Antonia V (Plaintiff); Lima, Goncalo (Defendant)

Request for Jury instructions filed by Defendant Motorcade, LLC

Antonia V Alves's request for Default 55(a) Applies To: Hodge, Lezan (Defendant)