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Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Case Last Refreshed: 3 months ago

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Brentwood Operator, Llc, filed a(n) Breach of Contract - Commercial case represented by Cleary, Esq., Thomas J, Leazott, Esq., Christopher J, Rogers, Esq., Jake F, against Estate Of Mabel Macdougall, Macdougall, David, Macdougall, Phillip, Macdougall, Russell, represented by Knudsen, Esq., James R, in the jurisdiction of Essex County, MA, . Essex County, MA Superior Courts with Kristen Buxton presiding.

Case Details for Brentwood Operator, Llc v. Estate Of Mabel Macdougall , et al.

Case Number

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Judge

Kristen Buxton

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Filing Date

July 21, 2023

Category

Contract / Business Cases

Last Refreshed

January 23, 2024

Practice Area

Commercial

Filing Location

Essex County, MA

Matter Type

Breach of Contract

Parties for Brentwood Operator, Llc v. Estate Of Mabel Macdougall , et al.

Plaintiffs

Brentwood Operator, Llc

Attorneys for Plaintiffs

Cleary, Esq., Thomas J

Leazott, Esq., Christopher J

Rogers, Esq., Jake F

Defendants

Estate Of Mabel Macdougall

Macdougall, David

Macdougall, Phillip

Macdougall, Russell

Attorneys for Defendants

Knudsen, Esq., James R

Case Documents for Brentwood Operator, Llc v. Estate Of Mabel Macdougall , et al.

for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Phillip MacDougall's Memorandum in support of Motion to Dissolve Real Estate Attachment

Date: January 16, 2024
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Attorney appearance electronically filed. Applies To: MacDougall, Phillip (Defendant); Knudsen, Esq., James R (Attorney) on behalf of MacDougall, Phillip (Defendant)

Date: January 03, 2024
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Endorsement on Motion to Dissolve Real Estate Attachment (#30.0): DENIED After review, the motion is DENIED without prejudice for failure to comply with Superior Court Rule 9A and 9C. (Dated 1/17/24)

Date: January 17, 2024
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Affidavit of Phillip MacDougall in support of motion to dissolve real estate attachment.

Date: January 16, 2024
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Notice of Hearing

Date: November 30, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Writ of attachment issued approved in amount of $100,000.00

Date: December 13, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Motion to Extend Timeframe For Service of Process

Date: December 18, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Motion to continue / reschedule an event 11/30/2023 02:00 PM Hearing for Real Estate Attachment, 11/30/2023 02:00 PM Damage Assessment Hearing

Date: November 29, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Opposition to plaintiff's motion for real estate attachment filed by David MacDougall

Date: November 29, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Request for summons

Date: November 30, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Defendant Phillip MacDougall's Motion to Dissolve Real Estate Attachment

Date: January 16, 2024
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Summons, returned SERVED On 12/13/2023 at 11:31 AM by leaving at the last and usual place of abode of Phillip MacDougall, 7 Acacia Street Gloucester, MA 01930, and by mailing 1st class to the above address on 12/15/2023. ***service made for this Defendant at different address than first return of service PL #9 dated 9/7/2023*** Applies To: MacDougall, Phillip (Defendant)

Date: December 28, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Endorsement on Motion to Extend Timeframe for Service of Process (#25.0): ALLOWED Upon Review motion is ALLOWED.

Date: December 21, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

ORDER: Decision and Order Regarding Plaintiff's Motion for Real Estate Attachment See attached (dated December 13, 2023)

Date: December 20, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Endorsement on Motion to continue / reschedule an event (#22.0): ALLOWED Motion for real estate attachment to be continued to 12/7/2023 at 2:00pm in Lawrence Superior Court "D" session. Status conference also to be held on this date re: service upon remaining defendants. After this hearing, the case shall go back to the Salem "A" session.

Date: November 30, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Attorney appearance electronically filed. Applies To: Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center (Plaintiff); Rogers, Esq., Jake F (Attorney) on behalf of Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center (Plaintiff)

Date: November 09, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Submission of Request for the Motion for Assessment of Damages and Request for Default be heard on the same day as the Motion for Real Estate Attachment

Date: October 02, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Notice of Hearing

Date: November 09, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Notice of Hearing

Date: October 06, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Endorsement on Motion to continue hearing (#15.0): Other action taken Upon request of the agreement of the parties the motion is allowed. The Session will reschedule the hearing at mutually agreed date.

Date: October 02, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Military Affidavit; The following parties are NOT in military service: Applies To: MacDougall, David (Defendant); MacDougall, Russell (Defendant); MacDougall, Phillip (Defendant)

Date: October 06, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Defendant David MacDougall's Assented to Motion to Continue Hearing10/12/2023 02:00 PM Hearing for Real Estate Attachment

Date: September 29, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Request for Default Judgment

Date: September 19, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Affidavit in Support of Motion for Assessment of Damages

Date: September 19, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Endorsement on Motion to Reschedule Hearing (#6.0): ALLOWED

Date: August 14, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Motion for Assessment of Damages

Date: September 19, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Service Returned for Defendant MacDougall, Russell: Service made at last and usual; on 8/28/2023 at 11:13 A.M. at 7 Springfield Street Gloucester, MA 01930, and by mailing 1st class to the above address on 8/28/2023.

Date: September 07, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Notice of Hearing (Oct 12, 2023) and Certificate of Service.

Date: August 15, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Request for Default (Pursuant to Mass.R.Civ.P. 55(a))

Date: September 19, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Summons and order of notice issued on a Motion for a Real Estate Attachment , returnable on 08/15/2023 03:00 PM Hearing for Real Estate Attachment. Applies To: Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center (Plaintiff); Estate of Mabel MacDougall (Defendant); MacDougall, David (Defendant); MacDougall, Russell (Defendant); MacDougall, Phillip (Defendant); Cleary, Esq., Thomas J (Attorney) on behalf of Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center (Plaintiff); Leazott, Esq., Christopher J (Attorney) on behalf of Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center (Plaintiff)

Date: July 26, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Endorsement on Motion for Real Estate Attachment (#3.0): Other action taken Order Of Notice To Issue Returnable on 8/15/2023 at 3:00pm at Salem Superior Court, Civil "A" Session (dated 7/26/23)

Date: July 26, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Service Returned for Defendant MacDougall, David: Service made in hand; on 8/23/2023 at 4:10 P.M. at 44 Central Street Apt. 2 Ipswich, MA 01938.

Date: August 31, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Service Returned for Defendant MacDougall, Phillip: Service made at last and usual; on 8/28/2023 at 10:38 A.M. at 28 Winthrop Street Essex, MA 01929 and by mailing 1st class to the above address on 8/28/2023.

Date: September 07, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Answer to original complaint AND demand for a Jury Trial. Applies To: MacDougall, David (Defendant)

Date: September 11, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Motion for Real Estate Attachment

Date: July 21, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Amended: amended complaint filed by Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center

Date: August 10, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Civil action cover sheet filed.

Date: July 21, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Motion to continue / reschedule an event 08/15/2023 03:00 PM Hearing for Real Estate Attachment

Date: August 10, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Affidavit in Support of Motion for Real Estate Attachment

Date: July 21, 2023
for Brentwood Operator, Llc D/B/A The Brentwood Rehabilitation And Healthcare Center Vs. Estate Of Mabel Macdougall Et Al

Complaint electronically filed.

Date: July 21, 2023

Case Events for Brentwood Operator, Llc v. Estate Of Mabel Macdougall , et al.

Date Type Description
January 17, 2024 Docket Event Endorsement on Motion to Dissolve Real Estate Attachment (#30.0): DENIED After review, the motion is DENIED without prejudice for failure to comply with Superior Court Rule 9A and 9C. (Dated 1/17/24)
View Document
January 16, 2024 Docket Event Phillip MacDougall's Memorandum in support of Motion to Dissolve Real Estate Attachment
View Document
January 16, 2024 Docket Event Affidavit of Phillip MacDougall in support of motion to dissolve real estate attachment.
View Document
January 16, 2024 Docket Event Defendant Phillip MacDougall's Motion to Dissolve Real Estate Attachment
View Document
January 12, 2024 Docket Event Defendant's notice to dismiss plaintiff's complaint MRCP 12(b) Applies To: MacDougall, Phillip (Defendant)
January 03, 2024 Docket Event Attorney appearance electronically filed. Applies To: MacDougall, Phillip (Defendant); Knudsen, Esq., James R (Attorney) on behalf of MacDougall, Phillip (Defendant)
View Document
December 28, 2023 Docket Event Summons, returned SERVED On 12/13/2023 at 11:31 AM by leaving at the last and usual place of abode of Phillip MacDougall, 7 Acacia Street Gloucester, MA 01930, and by mailing 1st class to the above address on 12/15/2023. ***service made for this Defendant at different address than first return of service PL #9 dated 9/7/2023*** Applies To: MacDougall, Phillip (Defendant)
View Document
December 21, 2023 Docket Event Endorsement on Motion to Extend Timeframe for Service of Process (#25.0): ALLOWED Upon Review motion is ALLOWED.
View Document
December 20, 2023 Docket Event ORDER: Decision and Order Regarding Plaintiff's Motion for Real Estate Attachment See attached (dated December 13, 2023)
View Document
December 18, 2023 Docket Event Plaintiff Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center's Motion to Extend Timeframe For Service of Process
View Document
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