Richard Sheridan Personal Representative For The Estate Of John B Avila And As Trustee 475 East Main Street Avila Realty Trust Vs. Town Of Orange Board Of Health Et Al

Defendant Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector's Assented to Motion to continue / reschedule an event 03/06/2024 02:00 PM Rule 56 Hearing

Defendant Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector's Joint Motion to allow counsel to attend the hearing on cross motions for summary judgment virtually or alternatively to reschedule the hearing to February 20 or 21, 2024

Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Memorandum in support of plaintiff's opposition to defendants' motion for summary judgment.

Defendant Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector's Motion for summary judgment, MRCP 56

Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Memorandum in support of defendants' motion for summary judgment.

Affidavit of compliance with Superior Court Rule 9A Applies To: Lynch, Esq., Carole Sakowski (Attorney) on behalf of Town of Orange Board of Health (Defendant)

Affidavit of compliance with Superior Court Rule 9C certificate Applies To: Lynch, Esq., Carole Sakowski (Attorney) on behalf of Town of Orange Board of Health (Defendant)

Rule 9A notice of filing and list of documents

Statement of Undisputed Facts in support of defendants' motion for summary judgment and in support of plaintiffs' motion for partial summary judgment. (consolidated)

Joint appendix for Summary Judgment motion package filed.

Opposition to plaintiffs' partial motion for summary judgment filed by Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector

Plaintiff Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Motion for summary judgment, MRCP 56 (partial)

Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Memorandum in support of plaintiffs' motion for partial summary judgment on counts I and II of the complaint

Party(s) file Stipulation of Voluntary Dismissal with prejudice; Count Three, Count Four, Count Eight, Count Nine, Count Ten, Count Eleven, Count Thirteen, and Count Fourteen. Applies To: Loew, Esq., Elliott M (Attorney) on behalf of Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust (Plaintiff); Lynch, Esq., Carole Sakowski (Attorney) on behalf of Robert Legare In his/her capacity As Town of Orange Building Inspector, Town of Orange Board of Health (Defendant)

Affidavit filed by Plaintiff Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust in support of plaintiff's motion for partial summary judgment on counts I and II of the complaint

Plaintiff Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Joint Motion to extend tracking order deadlines

Endorsement on Motion to extend tracking deadline(s) (#14.0): ALLOWED

Defendants Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector's Joint Motion to extend tracking deadline(s) Discovery, Service of Rule 56, Filing of Rule 56

Endorsement on Motion to continue tracking order deadlines (#13.0): ALLOWED

Endorsement on Motion to extend tracking deadline(s) (#12.0): ALLOWED

Plaintiffs, Defendants Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust, Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector's Joint Motion to Continue Tracking Order Deadlines

Endorsement on Motion to allow counsel to attend pre-trial conference virtually (#11.0): ALLOWED

Plaintiff Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Assented to Motion to attend Pre-trial conference virtually.

Endorsement on Motion to substitute party plaintiff (#10.0): ALLOWED

Plaintiff John B Avila Individually and as trustee for 475 East Main Street Avila Realty Trust's Assented to Motion to substitute party plaintiff

Endorsement on Motion to extend tracking deadline(s), to continue / reschedule an event (#9.0): ALLOWED

Plaintiff, Defendant John B Avila Individually and as trustee for 475 East Main Street Avila Realty Trust, Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector's Joint Motion to extend tracking deadline(s), to continue / reschedule an event 01/10/2023 02:00 PM Conference to Review Status

Suggestion of death filed: Applies To: John B Avila Individually and as trustee for 475 East Main Street Avila Realty Trust (Plaintiff)

Endorsement on Motion to continue / reschedule an event status hearing scheduled for September 20, 2022 and to allow counsel to attend status conference virtually (#8.0): ALLOWED

Plaintiff John B Avila Individually and as trustee for 475 East Main Street Avila Realty Trust's Joint Motion to continue / reschedule an event 09/20/2022 02:00 PM Conference to Review Status and to allow counsel to attend status conference virtually.

Endorsement on Motion to extend tracking deadline(s) (#6.0): ALLOWED

Defendant Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector's Assented to Motion to extend tracking deadline(s)

Received from Defendant Robert Legare In his/her capacity As Town of Orange Building Inspector: Answer with claim for trial by jury;

Service Returned for Defendant Robert Legare In his/her capacity As Town of Orange Building Inspector: Service accepted by counsel; on June 3, 2020.

Attorney appearance On this date Carole Sakowski Lynch, Esq. added as City / Town Counsel for Defendant Robert Legare In his/her capacity As Town of Orange Building Inspector

Original civil complaint filed.

Service Returned for Defendant Town of Orange Board of Health: Service accepted by counsel; On June 3, 2020.

Attorney appearance On this date Carole Sakowski Lynch, Esq. added as City / Town Counsel for Defendant Town of Orange Board of Health

Case assigned to: DCM Track A - Average was added on 04/21/2020 mailed first class to plaintiff's attorney on 4/23/20.

Civil action cover sheet filed.

Opposition to plaintiffs' motion for reconsideration of summary judgment motion decision and plaintiffs' motion to alter or amend the judgment of dismissal. filed by Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector

Plaintiff Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Motion for reconsideration of its decision to dismiss the plaintiffs' complaint on summary judgment and to reconsider its decision to deny plaintiffs' motion for partial summary judgment (for liability only) on counts one and two of their complaint. With request for a virtual hearing on this motion.

Plaintiff Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Motion to alter or amend the judgment of dismissal of the plaintiffs complaint on summary judgment with request for a virtual hearing on this motion.

Plaintiff Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Notice of list of documents filed.

Reply/Sur-reply Plaintiff's reply to defendants' consolidated opposition to plaintiffs' motion for reconsideration of summary judgment motion decision and plaintiff's motion to alter or amend the judgment of dismissal

SUMMARY JUDGMENT for Defendant(s), Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector against Plaintiff(s), Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust, without statutory costs.It is ORDERED and ADJUDGED: Plaintiff's Motion for Summary Judgment is DENIED and the defendants' Motion for Summary Judgment is ALLOWED.That the Complaint is hereby DISMISSED.

Plaintiff Richard Sheridan Personal Representative for the Estate of John B Avila and as Trustee 475 East Main Street Avila Realty Trust's Notice of the service and intent to file motion for reconsideration and motion to alter or amend the judgments.

MEMORANDUM & ORDER: on cross motions for Summary Judgment. Plaintiff's motion for summary judgment is DENIED and the defendants' motion for summary judgment is ALLOWED. Judge: Goodwin, Hon. Karen

Town of Orange Board of Health, Robert Legare In his/her capacity As Town of Orange Building Inspector's Memorandum in support of defendants' motion for summary judgment (supplemental)