H1 Lincoln, Inc. Doing Business As Majestic Honda Vs. South Washington Street, Llc Et Al

Endorsement on motion to compel (#157.0): defendants to Produce (1) "Dos Anjos Real Estate Holdings Chart" and (2) "Schedule of Beneficiaries" (Memorandum of Law Incorporation) Withdrawn in open Court. (Mailed 12/17/19)

Notice of docket entry received from Appeals Court with respect to the petition pursuant to G.L. c. 231, s. 118 filed for South Washington Street, LLC and 849 Washington Street, LLC by Attorney Richard Briansky (Paper #1), on December 12, 2019, the following order was entered on the docket: RE#1: After careful review, the petition is denied. (see pleading)

Appeal entered in Supreme Judicial Court on 03/17/2021 docket number SJC-13088

Opposition to 1. Defts.' motion to exclude expert opinion on the ultimate issue of reasonableness (#31) ; 2. Defts.' motion in limine to exclude expert opinion and testimony of Nancy Runkle (#36); 3. Defts.' motion in limine to exclude expert opinion and testimony of Russell Wheeler (#39) ; 4. Defts.' motion in limine to exclude any expert testimony of Steven Cabral (#33) ; and 5. Defts.' motion in limine to exclude evidence and expert testimony on "Benefit of the Bargain" and Delay Damages (#34) filed by H1 Lincoln, Inc. Doing Business as Majestic Honda (Consolidated Opposition)

Received from Defendant 849 South Washington Street, LLC: Answer with a counterclaim;

Plaintiff, Defendant in a Counterclaim, Defendants, Plaintiff in a Counterclaim H1 Lincoln, Inc. Doing Business as Majestic Honda, South Washington Street, LLC, 849 South Washington Street, LLC's Joint Motion for protective order.

Endorsement on Motion to strike expert reports, exclude expert testimony and other evidence collected in violation of Mass. R. Civ. P. 34 and for Sanctions (#19.0): No Action Taken The court declines to act on this motion on an emergency basis given that a trial date has not been set. The issue may be discussed at the pretrial conference scheduled for July 2, 2018. In the meantime, the defendant should serve his motion on the plaintiff pursuant to Rule 9A. (Mailed 06/27/18) Judge: Goodwin, Hon. Karen

Affidavit of Service Pursuant to M.G.L. c. 223A, sec.6. Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Received from Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda: Answer to the Counterclaim;

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion to bifurcate trial Referred to Judge Mason

Plaintiff, Defendants H1 Lincoln, Inc. Doing Business as Majestic Honda, South Washington Street, LLC, 849 South Washington Street, LLC's Assented to Motion to continue hearing on Plaintiff's motion for preliminary injunction and motion for Lis Pendens currently scheduled for February 7, 2018 and Defendant's Special motion to Dismiss to February 20, 2018 at 2:00 p.m.

Opposition to Plaintiff's Request for Preliminary Injunction and Lis Pendens and CROSS SPECIAL MOTION TO DISMISS filed by South Washington Street, LLC, 849 South Washington Street, LLC(Consolidated)

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's EMERGENCY Motion for Lis Pendens

Affidavit of South Washington Street, LLC and 849 South Washington Street, LLC.

Endorsement on Motion to continue hearing on plaintiff's motion for preliminary injunction and motion for lis pendens (#12.0): ALLOWED The Court is not available on 2/20/18. The matter is continued to 2/15/18 @ 10:00 a.m. (faxed) Judge: Ferrara, Hon. John S

Plaintiff, Defendants H1 Lincoln, Inc. Doing Business as Majestic Honda, South Washington Street, LLC, 849 South Washington Street, LLC's Joint Motion to approve stipulation of the parties to continue hearing date for plaintiff's motions for preliminary injunction and emergency motion for Lis Pendens.

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion for preliminary injunction

Endorsement on Motion of parties to approve stipulation of the parties to continue hearing date for plaintiff's motions for preliminary injunction and emergency motion for Lis Pendens. (#10.0): ALLOWED Continued to 2/7/2018 at 2:00 p.m. -m. Judge: Ferrara, Hon. John S

Endorsement on Motion for Short Order of Notice for Plaintiff's Motion for a Preliminary Injunction (#6.0): ALLOWED (Endorsement noted on the Complaint- See Pleading 1) Judge: Mason, Hon. Mark D

Affidavit of James E. Balise, Jr.

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of Plaintiff's motion for a preliminary injunction

Case assigned to: DCM Track X - Accelerated was added on 12/27/2017

Original civil complaint filed.

Opposition to defendants' motion to bifurcate trial filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Opposition to to motion to compel filed by South Washington Street, LLC, 849 South Washington Street, LLC

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion to compel discovery

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of motion to compel

Pre-Trial ORDER: (emailed 7/3/18 by W.W.) Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D

Endorsement on Motion to bifurcate trial filed by defendants (#20.0): DENIED A single trial of all issues is the most efficient and least confusing manner to try the within case. Parties notified by Asst Clerk Walsh on 7/3/2018 Judge: Mason, Hon. Mark D

Joint Pre-Trial Memorandum filed:

Affidavit of compliance with Superior Court Rule 9A Applies To: Briansky, Esq., Richard E (Attorney) on behalf of South Washington Street, LLC (Defendant)

Endorsement on Motion in limine to prevent defendants from invoking the attorney client privilege with respect to Joshua Teverow (#29.0): ALLOWED See Order. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to (#30.0): prevent defendants' principal from asserting the defense that he did not read the lease. DENIED Rulings on the Record. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion in limine to permit the introduction of parol evidence.

Opposition to to Plaintiff's Emergency Motion to compel discovery filed by South Washington Street, LLC, 849 South Washington Street, LLC (See #44)

Endorsement on Motion in limine requesting enforcement of unambiguous lease terms as a matter of law (#38.0): Other action taken See order Mailed 10/25/2018 Judge: Mason, Hon. Mark D

Endorsement on Motion in limie requesting a preliminary ruling that the lease termination is unreasonable as a matter of law because all asserted reasons for the termination were resolved by the plaintiff and the defendants attempted to extract economic concessions from the plaintiff (#28.0): Other action taken See order Judge: Mason, Hon. Mark D

MEMORANDUM & ORDER: on plaintiff's motions (Pleading Nos. 27, 28, 30). (Faxed 08/24/18 to all parties). Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D

Defendant South Washington Street, LLC, 849 South Washington Street, LLC's Motion for proposed voir dire questions for the Courts inquiry of the venire

Endorsement on Motion for (#41.0): issuance of letter rogatory and commission to take the deposition of non-resident witness ALLOWED by agreement upon defendant's counsel filing agreed upon Letter Rogatory. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Reply in support of its Motion in Limine to prevent Defendants' principal from asserting the defense that he did not read the lease and Motion in Limine to prevent Defendants from invoking the attorney client privilege with respect to Joshua Teverow

Opposition to (P#43) Defendants Motion to Compel Attorney Communications filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Opposition to Defendants' motion to sever and stay claims under M.G.L. C. 93A filed by H1 Lincoln, Inc. Doing Business as Majestic Honda (#37)

Opposition to Defendants' motion in limine to exclude evidence of conduct or statements made in post-termination settlement negotiations filed by H1 Lincoln, Inc. Doing Business as Majestic Honda (#26)

Opposition to Defenants' Cross-Motion in limine to exclude testimony concerning Attorney Client Communications with Joshua Teverow filed by H1 Lincoln, Inc. Doing Business as Majestic Honda (29.1)

Opposition to Plaintiff's Motions in Limine filed by South Washington Street, LLC, 849 South Washington Street, LLC (Consolidated Oppositions) to Plaintiff's motions in limine Requesting Enforcement of Unambiguoous Lease Terms as a Matter of law and Motion in limine requesting a Preliminary Ruling that the Lease Termination is Unreasonable as a Matter of Law.

Opposition to to plaintiffs motion in limine to prevent defendants from asserting or arguing termination reasons not included in the termination letter sent on August 9, 2017 and motion in limine to prevent defendants principal from asserting the defense that he did not read the lease terms filed by

Opposition to to defendants' motion in limine to exclude any evidence related to ready credit filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of emergency motion to compel discovery

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's EMERGENCY Motion to compel discovery

Endorsement on Motion for issuance of letter rogatory and commission to take the deposition of non-resident witness (#41.0): Other action taken schedule for hearing. (parties notified on 8/16/18 via email by Asst. Clerk Walsh) Judge: Mason, Hon. Mark D

Endorsement on Motion to sever and stay claims under M.G.L. C. 93A (#37.0): Other action taken Schedule for a hearing on 8/23/18, 2:00pm (parties notified on 8/16/18 via email by Asst. Clerk Walsh) Judge: Mason, Hon. Mark D

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion to compel Attorney communications.

Opposition to Defendants' emergency motion for issuance of Letter Rogatory and Commission to take deposition of Non-Resident Wtiness filed by H1 Lincoln, Inc. Doing Business as Majestic Honda (#41)

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's EMERGENCY Motion for issuance of Letter Rogatory and Commission to take the deposition of Non-Resident Witness.

Opposition to (consolidated) to plaintiff's motion in limine and cross-motion to exclude testimony concerning attorney-client communications filed by South Washington Street, LLC, 849 South Washington Street, LLC

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion in limine to exclude expert opinion and testimony of Russell Wheeler

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of its motion in limine requesting enforcement of unambiguous lease terms as a matter of law. Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Plaintiff, Defendant in a Counterclaim H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion in limine to request enforcement of unambiguous lease terms as a matter of law.

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion to sever and stay claims under M.G.L. C. 93A

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion in limine to exclude expert opinion and testimony by Nancy Runkle.

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion in limine to exclude any evidence related to Ready Credit

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion in limine to exclude evidence and expert testimony on "Benefit of the Bargain" and delay damages.

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion in limine to exclude any expert testimony of Steven Cabral

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of motion in limine to prevent defendants principal from asserting the defense that he did not read the lease

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion in limine to prevent defendants principal from asserting the defense that he did not read the lease

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of motion in limine to prevent defendants from invoking the attorney client privilege with respect to Joshua Teverow

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion in limine to prevent defendants from invoking the attorney client privilege with respect to Joshua Teverow

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of its motion in limine requesting a preliminary ruling that the lease termination is unreasonable as a matter of law because (1) all asserted reasons for the termination were resolved by the plaintiff and (2) the defendants attempted to extract economic concessions from the plaintiff

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion in limine to request a preliminary ruling that the lease termination is unreasonable as a matter of law because (1) all asserted reasons for the termination were resolved by the plaintiff and (2) the defendants attempted to extract economic concessions from the plaintiff

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of its motion in limine to prevent defendants from asserting or arguing termination reasons not included in the termination letter sent on August 9, 2017

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion in limine to prevent defendants from asserting or arguing termination reasons not included in the termination letter sent on August 9, 2017

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion in limine to exclude evidence of conduct or statements made in post-termination settlement negotiations.

MEMORANDUM & ORDER: on Plaintiff's motion to compel Discovery Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D e-mailed to parties 7/24/2018 Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D

South Washington Street, LLC, 849 South Washington Street, LLC's Memorandum in support of their opposition to plaintiff's motion to compel (Supplemental Memorandum in Further Support)

ORDER: Directing issuance of Commission (To take deposition of Non Resident, American Honda Motor Company, Inc.) . Judge: Mason, Hon. Mark D

Letters Rogatory Issued re; designee of American Honda Motor Company, Inc. Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D

Endorsement on Motion of Defendants, South Washington Street LLC and 849 South Washington Street LLC for issuance of Letter Rogatory and commission to take the Deposition of Non-Resident Witness (#24.8): ALLOWED Plaintiffs may participate in the deposition remotely by video or other link.. Defts' will make arrangements for Pl. to participate by such link & Defts.' will bear the cost associated w/ establishing the link. My order does not require the A.V. recording of the depo. Judge: Mason, Hon. Mark D

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Reply in support of Defendants' motion for issuance of Letter Rogatory.

Endorsement on Notice of order directing issuance of commission (#24.8): Other action taken Plaintiffs may participate in the deposition remotely by video or other link. Defendants will make arrangements for plailntiff to participate by such link and defendants will bear the costs associated with establishing such link. My order does bot require the A-V recoding of the deposition. Dated 7/23/2018 Mailed 10/25/2018 Judge: Mason, Hon. Mark D

Opposition to defendants' motion for issuance of Letter Rogatory and Commission to take deposition of non-resident witness filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

MEMORANDUM & ORDER: on Defendants' motion to strike Expert Reports, exclude expert testimony and other evidence collected in violation of M.R.C.P. 34 and for sanctions. - emailed to parties 7/18/2018 Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D

Endorsement on Motion of Defendants' to strike Expert Reports, exclude expert testimony and other evidence collected in violation of M.R.C.P. 34 and for sanctions (#23.0): No Action Taken See Decision and Order. Judge: Mason, Hon. Mark D

Affidavit of compliance with Superior Court Rule 9A Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion for issuance of Letter Rogatory and Commission to take the Deposition of Non-Resident witness.

Affidavit of compliance with Superior Court Rule 9A Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)

Opposition to to defendants motion to strike expert reports, exclude expert testimony and other evidence and request for sanctions filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion to strike expert reports, exclude expert testimony and other evidence collected in violation of Mass.R.Civ.P.34 and for sanctions

Notice of docket entry received from Appeals Court on March 17, 2021, the following entry was made on the docket of the case: ORDER: Case transferred to SJC sua sponte

Appeal entered in Appeals Court on 08/27/2020 docket number 2020-P-0964

Court received certificate regarding transcripts on file with the trial court relevant to the notice of appeal. (trial transcripts from September 18, 2018 through September 28, 2018, October 26, 2018, December 10, 2018, October 4 2019 and December 13, 2019) related to appeal Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee, South Washington Street, LLC (Defendant)

Notice of appeal filed from judgment dated August 6, 2019 and the amended judgment dated June 17, 2020 Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee, South Washington Street, LLC (Defendant)

AMENDED Judgment. It is ORDERED and ADJUDGED:: 1. That judgment under G.L. C231, sec.1 hereby enters declaring that the lease dated October 28, 2016 between the plaintiff and all of the defendants, as more fully described and agreed to in the Stipulation filed by the parties on August 26, 2019, is in full force and effect, that the defendants' attempt to terminate the lease was invalid and that their withholding of consent was unreasonable. 2. That a money judgment for damages hereby enters on the jury verdict and Court finding for the plaintiff as follows: On Counts 3 and 4 of the verified complaint in the amount of $4,462,500.00 representing delay damages together with an award after a finding by the Court of attorneys fees of $413,673.50 and costs of $12,239.12. On Count 5 of the verified complaint the delay damages are doubled after a finding by the Court together with and award of attorneys fees of $108,947.00, expert fees and expenses of $102,494.90 and non-expert expenses of $11,012.61 all as set forth below: Delay damages under Counts 3 and 4 $ 4,462,500.00 Delay damages doubled under Count 5 $ 8,925,000.00 Attorneys fees for Counts 3 and 4 $ 413,673.50 Costs for Counts 3 and 4 $ 12,239.12 Attorneys fees under Count 5 $ 108,947.00 Expert fees and expenses under Count 5 $ 102,494.90 Non-expert expenses under Count 5 $ 11,012.61 Total Award: $ 9,573,367.13 together with statutory interest thereon as provided by law from the date of breach of the contract, to wit, August 9, 2017. 3. That the defendants are ordered and enjoined to specific performance of the lease dated October 28, 2016 including without limitation: a. The defendants will cooperate with and approve any necessary paperwork for any permits or other items required for plaintiff's full use and enjoyment of the leased property, planned construction and operation of its business; b. The defendants will give the plaintiff unfettered access to the leased property for the duration of the lease as permitted under the lease; c. The defendants shall grant the plaintiff access to the leased property; d. The plaintiff shall pay rent under the structure provided in the lease; e. The defendants may not seek back rent for the time period during which the plaintiff was forced to pursue this action in court. Applies To: H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff); 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee (Defendant); 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee (Defendant); 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee (Defendant); Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee (Defendant)

MEMORANDUM & ORDER: on Plaintiff/Defendant-In-Counterclaim's motion for attorney's fees and costs on the re-opened G.L. C. 93A Trial Judge: Mason, Hon. Mark D m. 6/9/2020

JUDGMENT entered on this date.: Judgment After Finding After Jury Waived Trial Presiding: Hon. Mark D Mason Judgment For: H1 Lincoln, Inc. Judgment Against: South Washington Street, LLC 849 South Washington Street, LLC 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee Terms of Judgment: Interest Begins: 06/16/2020 Jdgmnt Date: 06/16/2020 Interest Rate: .12 Daily Interest Rate: .000329 Damages: Damage Amt: 3184500.00 Judgment Total: 3,184,500.00 Further Orders: This Judgment pertains to the 93A claims only. Interest on the original Judgment dated August 6, 2019 will continue to run separately as previously ordered.

Endorsement on Motion to amend real estate attachment to (1) add all defendants and (2) to update the monetary amount (#173.0): ALLOWED as to all six defendants in the amount of $13,052,485.40 (m. 6/9/2020)

Endorsement on Motion for assessment of attorneys' fees and costs pursuant to the lease, M.G.L. c. 93A and the court's order dated April 30, 2020 (#172.0): ALLOWED in part, See Memorandum of Decision and Order. (m. 6/9/2020)

Opposition to plaintiff's motion for assessment of attorney's fees and costs pursuant to the lease., M.G.L.c.93A, and The Court's Order dated April 30, 2020 filed by South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee

Rule 9A notice of filing and index of documents (referred to Mason, J.)

Affidavit of compliance with Superior Court Rule 9A (referred to Mason, J.) Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Reply to defendants opposition to motion to amend real estate attachment to (1) add all defendants and (2) to update the monetary amount. (referred to Mason, J.)

Opposition to plaintiff's motion to amend real estate attachment to (1) add all defendants and (2) update the monetary amount filed by South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee (referred to Mason, J.)

Plaintiff(s) H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion to amend real estate attachment to (1) add all defendants and (2) to update the monetary amount. (referred to Mason, J.)

South Washington Street, LLC's Memorandum in support of Motion for Assessment of Attorneys Fees and Costs pursuant to the Lease, M.G.L. c. 93A, and the Court's Order dated April 30, 2020.

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion for Assessment of Attorneys Fess and Costs pursuant to the Lease, M.G.L. c 93A , and the Court's Order dated April 30, 2020

Findings of Fact and Rulings of Law: on the Reopened 93A Trial Judge: Mason, Hon. Mark D

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda files proposed Findings of Fact & Rulings of Law (Supplemental) in connection with the reopened 93A trial held on October 4, 2019 and December 13, 2019. Applies To: Egan, Esq., John J (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff); McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee files proposed Findings of Fact & Rulings of Law Applies To: H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

List of exhibits (Copy of Exhibit Envelope)

List of exhibits (Copy of Exhibit Envelope)

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum Identifying and Providing a Brief Statement on the Relevance of Proposed 93A Exhibits 67-96

Alfredo Dos Anjos, Lisa Pariseault's Memorandum regarding their right against self-incrimination

Endorsement on Motion of Alfredo Dos Anjos, Lisa Pariseault and the Defendants, to stay compliance with court order dated October 9, 2019 or, in the alternative, to continue trial currently scheduled for December 13, 2019 until a recently filed interlocutory appeal has been resolved. (Emergency) (#162.0): Withdrawn by the Defendants. (Mason, J.)

Other Interested Party, Defendants Alfredo Dos Anjos, Lisa Pariseault, South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's Motion to stay compliance with court order or, in the alternative, to continue trial.

Opposition to to defendants emergency motion for relief from order and to strike questions in direct examinations filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Endorsement on Motion for relief from order and to strike (#160.0): DENIED After consideration of the instant motion and plaintiffs opposition, the defendants request nos 1-4 as set forth in the conclusion herein are Denied. Defendants request for an enlargement of time to December 12, 2019, to provide responses is Allowed. If plaintiff wishes to continue hereby is not scheduled for 12/13/2019, it is to file an emergency motion requesting same. Any set motion will be viewed favorably in light of obvious time constraints in preparing for hearing. (M) 12/6/2019

Endorsement on Motion for Admission Pro Hac Vice of David Weinstein (#159.0): ALLOWED (dated 12/03/19) (Mailed 12/05/19)

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's EMERGENCY Motion for relief from order and to strike.

Anthony Aprea, Esq.'s MOTION to admit counsel pro hac vice: David S Weinstein

Endorsement on Motion of Plaintff's to compel Defendants to produce (1) "Dos Anjos Real Estate Holdings Chart" and (2) "Schedule of Beneficiaries" (#157.0): Other action taken Schedule for hearing. (Mason, J.)

Attorney appearance On this date Amy B Hackett, Esq. dismissed/withdrawn for Defendant Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee

Rule 9A notice of filing and index of documents. Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff) (referred to Mason, J.)

Affidavit of compliance with Superior Court Rule 9A (referred to Mason, J.) Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Party(s) file Stipulation to file sworn answers in conformity with the Court's Order no later than close of business on November 27, 2019 Applies To: Grossbaum, Esq., David A (Attorney) on behalf of Manoogian, Esq., David C. (Other interested party); Egan, Esq., John J (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff); McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Attorney appearance On this date David A Grossbaum, Esq. added for Other interested party David C. Manoogian, Esq.

Attorney appearance On this date Anthony Aprea, Esq. added for Other interested party David C. Manoogian, Esq.

General correspondence regarding Defendants' Amended Privilege Log Applies To: South Washington Street, LLC (Defendant); 849 South Washington Street, LLC (Defendant); 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee (Defendant); 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee (Defendant); 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee (Defendant); Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee (Defendant)

ORDER: TRIAL ORDER. (mailed 10/10/19) Judge: Mason, Hon. Mark D

Opposition to to defendants motion in limine to exclude testimony regarding defendants knowledge and representations concerning title and re-newed motion to quash trial subpoenas with incorporated memorandum of law filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Reply to defendants opposition to emergency motion for a protective order for work-product emails with Crossman Engineering, Inc.

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's Motion in limine to exclude testimony regarding defendants knowledge and representations concerning title and re-newed motion to quash trial subpoenas

Opposition to Plaintiff's emergency motion for a protective order and to quash defendants' subpoenas related to communications and documents exchanged with Crossman Engineering, Inc. filed by South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee

Endorsement on Motion for Protective Order and to Quash Defendants' Subpoenas with Incorporated Memorandum of Law (#141.0): ALLOWED Allowed in part. The subpoenas at issue are limited to the bared premises. As such, information relating to other projects or land is excluded. Counsel are ordered to file and serve, a privilege log pursuant to Rule 26(b)(5)(A) no later than 9/26/19 relating to plaintiff's assertion of the attorney-client privilege and work product. Egan, Flanagan & Cohen is protected from compliance with the trial subpoena pending further order of the court. (Mailed 09/23/19)

Endorsement on Motion to Quash Trial Subpoenas (Emergency Motion) (#138.0): Other action taken See Order of this date. (Mailed 09/23/19)

Endorsement on Motion to Limit the scope of Chaplter 93A hearing and request to schedule a Pre-Trial Conference (#139.0): Other action taken See Order of this date. (Mailed 09/23/19)

Endorsement on Motion to request one additional day to file and serve privilege log (with incorporated memorandum of law) (#144.0): ALLOWED (emailed 9/30/19 - clerk) Judge: Mason, Hon. Mark D

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's EMERGENCY Motion for protective order regarding Defendants' Ohio Subpoenas with Letters Rogatory from 2018 to Huntington National Bank with Incorporated Memorandum of Law

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's EMERGENCY Motion for a Protective Order and to Quash Defendants.' subpoenas with Incorporated Memorandum of Law with respect to requests served upon HI Lincoln, Inc. d/b/a Majestic Honda; Balise Auto Group; Egan, Flanagan and Cohen, P.C.; Casey Law Offices, P.C.; Crossman Engineering, Inc.; Huntington National Bank; Chicago Title Insurance Company; and Major & Erban Title Services.

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion for assessment of attorney's fees and costs pursuant to M.G.L. c. 93A (Memorandum Incorporated) (Renewed Motion)

Opposition to (P#139) Defendants' Emergency Motion to Limit the Scope of c. 93A Hearing and Request to Schedule a Pretrial Conference and Plaintiff's Opposition to Defendants' Emergency Motion to Quash Trial Subpoenas filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's EMERGENCY Motion to limit the scope of Chapter 93A hearing and request to schedule a Pre-Trial Conference.

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's EMERGENCY Motion to request one additional day to file and serve Privilege Log (with incorporated Memorandum of Law) (referred to Mason, J.)

ORDER: on Defendants' Emergency Motion to Limit the Scope of C.93A hearing and request to schedule a pretrial conference and Defendant's Emergency Motion to Quash Trial Subpoenas. (Mailed 09/23/19)

Endorsement on Motion to confirm compliance with and/or clarification of orders dated August 15 and 27, 2019 (#131.0): Other action taken The defendants are ordered to 1) cooperate by approving the ANR plan including the red lease line defining the Leased Premises thereby allowing the completion of the ANR application and 2) cooperate with the plaintiff in executing the plaintiff's proposed Amendment of Lease & Notice of Lease. The defendants are to comply with this order immediately. (mailed 9/10/19) Judge: Mason, Hon. Mark D

Endorsement on Motion for Protective Order Regarding Defendants' Ohio Subpoenas with Letters Rogatory from 2018 to Huntington National Bank with Incorporated Memorandum of Law (#142.0): ALLOWED Any discovery from plaintiff's bank is limited to the bank's financing of the project at the leased premises. (Mailed 09/23/19)

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's EMERGENCY Motion to Quash Trial Subpoenas issued on Dos Anjos, Pariseault, Attorneys Briansky, Hackett and Manoogian.

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's Reply in support of its emergency motion to confirm compliance with and/or clarification of orders dated August 15 and 27, 2019.

Witness list of Defendants to testify at a hearing on Plaintiff's claim for relief pursuant to M.G.L. c. 93A, s11. Applies To: South Washington Street, LLC (Defendant); 849 South Washington Street, LLC (Defendant); 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee (Defendant); 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee (Defendant); 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee (Defendant); Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee (Defendant)

Witness list of Plaintiff for the continuation of the 93A hearing scheduled for October 3, 2019. Applies To: H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Opposition to Defendants' emergency motion to confirm compliance with and/or clarification of orders dated August 15 and 27, 2019 filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Notice of appeal filed from the judgment dated August 6, 2019 Applies To: South Washington Street, LLC (Defendant); 849 South Washington Street, LLC (Defendant); 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee (Defendant); 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee (Defendant); 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee (Defendant); Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee (Defendant)

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's EMERGENCY Motion to Confirm compliance with and/or Clarification of orders dated August 15, and 27, 2019.

Affidavit of Peter Shrair

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's EMERGENCY Motion for clarification and extension of time to review and sign "Application for endorsement of Plan believed not to require approval".

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion to Amend or for Relief from Judgment.

Amended: original complaint filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

ORDER: on Plaintiff's Motion for Relief from Judgment and/or Order under Mass. R. Civ. P 60. (8-15-19 Emailed to Parties, by William T. Walsh, Asst., Clerk)

Opposition to (P#123) Defendants Motion for Relief from Judgment filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Defendants South Washington Street, LLC, 849 South Washington Street, LLC, 849 South Washington Stret Realty Trust under Declaration of Trust dated June 9, 2000, Alfredo Dos Anjos, Trustee, 855 South Washington Street Realty Trust under Declaration of Trust dated October 2, 2008, Alfredo Dos Anjos, Trustee, 865 South Washington Street Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo Dos Anjos, Trustee, Cooper Avenue Realty Trust under Declaration of Trust dated May 14, 1998, Alfredo dos Anjos, Trustee's Reply to Plaintiff's response to defendants' motion for clarification and extension of time to review and sign "Application for endorsement of plan believed not to require approval"

Request for hearing filed on Motion for Relief from Judgment and/or Order under Mass. R. Civ. P. 60. Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Rule 9A notice of filing and Index of Documents Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Opposition to Plaintiff's Motion for Relief from Judgment and/or Order under Mass. R. Civ. P. 60 filed by South Washington Street, LLC, 849 South Washington Street, LLC

H1 Lincoln, Inc. Doing Business as Majestic Honda's Appendix of Exhibits (Index of Exhibits) to Motion for Relief under MRCP 60

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum of Law in Support of Motion for Relief from Judgment and/or Order under Mass. R. Civ. P. 60.

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion for Relief from Judgment and/or Order under Mass. R. Civ. p. 60.

Opposition to Defendants' emergency Motion to Strike Proposed Judgment and Preclude Award of Prejudgment Interest filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Judgment. It is ORDERED, ADJUDGED and DECLARED: 1. That judgment under G.L.c.231 sec.1 hereby enters declaring that the lease dated October 28, 2016 between the Plaintiff and the Defendants is in full force and effect, that the Defendants' attempt to terminate the lease was invalid and that their withholding of consent was unreasonable. 2. That a money judgment for damages hereby enters on the jury verdict and court finding for the Plaintiff as follows: On Counts 3 and 4 of the verified complaint in the amount of $4,462,500.00 representing delay damages together with an award after a finding by the court of attorney¿s fees of $413,673.50 and costs of $12,239.12. On Count 5 of the verified complaint the delay damages are doubled after a finding by the court together with an award of attorney's fees of $108,947.00, expert fees and expenses of $102,494.90 and non-expert expenses of $11,012.61, all as set forth below: Delay damages under Counts 3 and 4:($4,462,500.00) Delay damages doubled under Count 5: $8,925,000.00 Atty.'s fees for Counts 3 and 4: $413,673.50 Costs for Counts 3 and 4: $12,239.12 Atty.'s fees under Count 5 $108,947.00 Expert fees and expenses under Count 5 $102,494.90 Non-expert expenses under Count 5 $11,012.61 Total Award: $9,573,367.13 together with statutory interest thereon as provided by law from the date of the breach of the contract, to wit, August 9, 2017. 3. That the Defendants are ordered and enjoined to specific performance of the lease dated October 28, 2016 , including, without limitation: a. The Defendants will cooperate with and approve any necessary paperwork for any permits or other items required for Plaintiff's full use and enjoyment of the leased property, planned construction and operation of its business: b. The Defendants will give the Plaintiff unfettered access to the leased property for the duration of the lease as permitted under the lease: c. The Defendants shall grant Plaintiff access to the leased property: d. The Plaintiff shall pay rent under the structure provided in the lease: e. The Defendants may not seek back rent for the time period during which the Plaintiff was forced to pursue this action in court.

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's EMERGENCY Motion to strike proposed judgment and preclude award of prejudgment interest.

Endorsement on Motion for relief from judgment and/or order under Mass. R. Civ. P. 60 (#118.0): DENIED Plaintiff's motion is denied w/o prejudice. Final judgment and/or order pursuant to Rule 60 has yet to enter. As such, the motion is premature. (emailed to parties Asst. Clerk Walsh. 7/25/19) Judge: Mason, Hon. Mark D

Endorsement on Motion for Relief from Judgment and/order under M.R.C.P 60 (#118.0): Other action taken (dated 7/12/19) Schedule for hearing. Notice to all parties.

Rule 9A notice of filing and Index of Documents Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Request for hearing filed on Motion for relief from Judgment and/or Order under M.R.C.P. 60. Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Reply to Defendants' Opposition to Motion for relief from Judgment and/or Order under M.R.C.P. 60.

Affidavit of Richard E. Briansky

Opposition to Plaintiff's motion for relief from judgment and/or order under M..R.C.P. 60 filed by South Washington Street, LLC, 849 South Washington Street, LLC Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of Motion for Relief from Judgment and/or Order under M.R.C.P. 60.

Opposition to to Defendants' motion for a new trial or, in the alternative, remittitur with incorporated memorandum of law filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Rule 9A notice of filing

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion for a new trial or, in the alternative, remittitur. (Nos. 114-114.5) M. copy to Mason, J. in Berkshire Cnty.

Findings and Order for Approval of Plaintiff(s) H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion (#104.0) for a Real Estate Attachment as to Defendant South Washington Street, LLC, 849 South Washington Street, LLC in the amount of $9,572,367.13. against property owned by Defendants South Washington Street, LLC, and 849 South Washington Street, LLC of all right, title and interest: in 849 South Washington Street, North Attleborough, Massachusetts; 865 South Washington Street, North Attleborough, Massachusetts; and any other real estate owned by the defendants in Bristol County or in any other County of the Commonwealth of Massachusetts (AMENDED FINDING AND ORDER) -(See End. #104 & Orig. # 85)- M. 4/19/2019

Defendants's Notice of intent to file motion for a new trial or, in the alternative, remittitur Applies To: Hackett, Esq., Amy B (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)

Notice of docket entry received from Appeals Court Revised Order: the defendants seek review of an order entered in the Hampden Superior Court on January 28, 2019. the petition was filed on March 15, 2019, more than thirty days following entry of the order. SEE PLEADING. Accordingly, insofar as the petition seeks review of the original order, it is untimely. Insofar as it seeks review of the denial of the motion for reconsideration, I discern no abuse of discretion on the part of the lower court judgment. All relief requested in the petition is denied. Judge: Mason, Hon. Mark D

Findings of Fact and Rulings of Law: Decision and order on Defendants motion for reconsideration Judge: Mason, Hon. Mark D

Endorsement on Request for hearing (#109.3): DENIED Dated 4/1/2019. Mailed 4/5/2019

Endorsement on Request for oral argument (#109.0): DENIED See order. Mailed 4/5/2019

Rule 9A list of documents filed. (9Amotion (mailed) referred to Judge Mason @Hampshire Superior Court on 3/27/19)

Request for hearing filed Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant) (9Amotion (mailed) referred to Judge Mason @Hampshire Superior Court on 3/27/19)

Rule 9A notice of filing (9Amotion (mailed) referred to Judge Mason @Hampshire Superior Court on 3/27/19)

Affidavit of compliance with Superior Court Rule 9A (9Amotion (mailed) referred to Judge Mason @Hampshire Superior Court on 3/27/19) Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)

Opposition to defendants' motion for reconsideration on court's findings of fact and rulings of law (9Amotion (mailed) referred to Judge Mason @Hampshire Superior Court on 3/27/19) filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Defendants South Washington Street, LLC, 849 South Washington Street, LLC's Motion for reconsideration on court's findings of fact and rulings of law (9Amotion (mailed) referred to Judge Mason @Hampshire Superior Court on 3/27/19)

ORDER: on Plaintiffs motion for assessment of attorneys fees and costs Mailed 3/20/2019

Endorsement on Motion to amend the real estate attachment and for other relief pertaining to payment of rent into escrow (#104.0): ALLOWED Plaintiffs motion to amend real estate attachment is allowed in the amount of $9,572,367.13. Plaintiff request for other relief in the nature of an action to reach and apply, has been properly withdrawn. Dated 3/14/2019 Mailed 3/20/2019.

Defendants's Notice of intent to file motion for Reconsideration Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)

Endorsement on Motion to strike Cross-Motion for Reconsideration. (Emergency Motion) (#103.0): ALLOWED (dated 02/28/19) (Mailed 03/11/19)

Rule 9A notice of filing and index of documents

Affidavit of compliance with Superior Court Rule 9A Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Opposition to to motion to amend real estate attachment and for other relief pertaining to payment of rent into escrow filed by South Washington Street, LLC, 849 South Washington Street, LLC

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Reply to defendants opposition to motion to amend real estate attachment and for other relief pertaining to payment of rent into escrow

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion to amend the real estate attachment and for other relief pertaining to payment of rent into escrow (memorandum of law incorporated) (referred to Mason, J., Hampshire County)

Opposition to to plaintiff's motion for assessment of attorney's fees and costs pursuant to Chapter 93A and CROSS-MOTION FOR RECONSIDERATION of the Court's finding that the Chapter 93A claim was not barred by the plain language of the Lease filed by South Washington Street, LLC, 849 South Washington Street, LLC (referred to Mason, J. in Franklin County)

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's EMERGENCY Motion to strike defendants' cross-motion for reconsideration. (referred to Mason, J. - Franklin County)

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of motion for assessment of attorney's fees and costs pursuant to M.G.L. c.93A (2/12/19) mailed to Mason, J. - Franklin County)

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion for assessment of attorney's fees and costs pursuant to M.G.L. c. 93A (2/12/19 mailed to Mason, J. - Franklin County)

Findings of Fact and Rulings of Law: (1/28/19 Emailed to Parties, by Bill Walsh, Asst. Clerk) Judge: Mason, Hon. Mark D

MEMORANDUM & ORDER: and DECISION on plaintiff's motion to elect it's remedy after announcement of findings and before entry of judgment and Defendants' Motion to enforce plaintiff's election of specific performance. (1-14-19 Emailed to parties, William Walsh, Asst. Clerk) Judge: Mason, Hon. Mark D

Endorsement on Memorandum in Support of Allowing Plaintiff to elect its remedy after announcement of findings and before entry of judgment (#87.0): ALLOWED Plaintiff Allowed to Elect - See Memo of Decision filed this day. (1-14-19 Parties notified via Email, William Walsh, Asst. Clerk)

Endorsement on Motion to Enforce plaintiff's election of specific performance (#88.0): DENIED See Memo Order filed this day. (1-14-19 Parties notified via Email, William Walsh, Asst. Clerk)

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Reply to Defendants' memorandum regarding damages.

Endorsement on Motion for Reconsideration on court's order awarding plaintiff attorneys' fees (#92.0): DENIED for the reasons set forth in plaintiff's opposition (#95). (1/4/19 Emailed to parties, William Walsh, Asst. Clerk) Judge: Mason, Hon. Mark D

Endorsement on Motion of Plaintiff's emergency motion for leave to file two-page reply to defendants' memorandum of law regarding damages. (#96.0): ALLOWED (dated 1/4/2019)

Endorsement on Motion for Directed Verdict or for Required Finding (#91.0): DENIED for the reasons set forth in plaintiff's opposition. (1/4/19 Emailed to parties, William Walsh, Asst. Clerk)

Opposition to defendants' motion for reconsideration on court's order awarding plaintiff attorneys' fees filed by H1 Lincoln, Inc. Doing Business as Majestic Honda

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's EMERGENCY Motion for leave to file Two-page Reply to Defendants' memorandum of law regarding damages.- emailed to Mason, J. for review

South Washington Street, LLC, 849 South Washington Street, LLC's Memorandum regarding damages awarded on the verdict form.

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum of Law in Opposition to deducting delay damages from benefit of the bargain damages. (Referred to Mason, J.)

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda files proposed Findings of Fact & Rulings of Law Applies To: South Washington Street, LLC (Defendant); 849 South Washington Street, LLC (Defendant)

Defendant South Washington Street, LLC, 849 South Washington Street, LLC files proposed Findings of Fact & Rulings of Law (AMENDED) Applies To: South Washington Street, LLC (Defendant); 849 South Washington Street, LLC (Defendant)

Defendant South Washington Street, LLC, 849 South Washington Street, LLC's Motion to enforce plaintiffs election of specific performance.

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of allowing plaintiff to elect its remedy after announcement of findings and before entry of judgment(of law)

Defendant South Washington Street, LLC, 849 South Washington Street, LLC's Supplemental in Further Support of their Opposition to plaintiff's Application for Attorneys' Fees and Costs.

MEMORANDUM & ORDER: on Plaintiff/Defendant-in-Counterclaim's Motion for Attorneys Fees and Costs Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to exclude evidence of conduct or statements made in post-termination settlement negotiations (#26.0): DENIED Judge: Mason, Hon. Mark D

List of exhibits (copy of exhibit envelope)

Endorsement on Motion for proposed voir dire questions for the courts inquiry of the venire (#52.1): ALLOWED Rulings on record. Mailed 10/25/2018 Judge: Mason, Hon. Mark D

ORDER: Counsel should be prepared to argue at hearing on 10/26/2018, whether plaintiff may elect between its monetary damages Judge: Mason, Hon. Mark D

General correspondence regarding Email from Michael McDonough to Amy Hackett regarding Emergency

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Reply in support of its motion for attachment

Affidavit of compliance with Superior Court Rule 9A Applies To: H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Opposition to #75 filed by South Washington Street, LLC, 849 South Washington Street, LLC

Affidavit of Lisa Priseault

Affidavit of Michael G McDonough Esq in support of plaintiffs motion for real estate attachment

Plaintiff(s) H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion for a Real Estate Attachment

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda files proposed Findings of Fact & Rulings of Law Applies To: H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

Affidavit of Attorney Lauren Olanoff in support of motion for attorneys' fees and costs.

Affidavit of Attorney Nancy Frankel Pelletier in support of motion for attorneys' fees and costs.

Affidavit of Peter Shrair

Defendants South Washington Street, LLC, 849 South Washington Street, LLC files proposed Findings of Fact & Rulings of Law Applies To: South Washington Street, LLC (Defendant); 849 South Washington Street, LLC (Defendant)

Affidavit of Attorney Kevin V. Maltby in support of motion for attorneys' fees and costs.

Opposition to motion for attorney's fees filed by South Washington Street, LLC, 849 South Washington Street, LLC

Endorsement on Motion to continue trial and for pre-trial conference (#67.0): DENIED Hearing on plaintiff's claim for attorney fees & claim for 93A violation will proceed on 10/26/18 as scheduled. The hearing will commence at 9:00 am and will go until 3:00 p.m. Should further time be necessary, the hearing will be continued to a date after 11/7/18. (emailed 10/19/18) Judge: Mason, Hon. Mark D

Defendant South Washington Street, LLC, 849 South Washington Street, LLC's Motion for extension of time to submit proposed findings of fact and rulings of law and opposition to the motion for attorneys fees

Endorsement on Motion for extension of time (#66.1): ALLOWED Judge: Mason, Hon. Mark D

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of motion for assessment of attorneys' fees and costs.

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion for assessment of attorneys' fees and costs.

Endorsement on Motion for directed of verdict (#64.14): DENIED Judge: Mason, Hon. Mark D

Verdict of jury for party Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Request for jury instructions

Endorsement on Request for jury instructions (#64.11): Other action taken Ruling on record. Dated 9/27/2018 Mailed 10/29/2018 Judge: Mason, Hon. Mark D

Endorsement on Motion for directed verdict (#64.15): Other action taken Under advisement Dated 10/1/2018 Mailed 10/29/2018 Judge: Mason, Hon. Mark D

Defendant South Washington Street, LLC, 849 South Washington Street, LLC's Motion for directed verdict and for entry of judgment of dismissal

H1 Lincoln, Inc. Doing Business as Majestic Honda's Memorandum in support of motion for directed Verdict

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Request for Jury instructions

Endorsement on Motion to quash trial subpoenas of Alfredo Dos Anjos, David C Manoogian Esq and Lisa Pariseault (#64.2): Other action taken Counsel have come to an agreement to all documents except for Attorney Manoogians bills for 7/25/2017-8/10/2017 have been provided. Plaintiffs request for bills dated before 2010 is unduly burdensome likely contains privileged material and irrelevant. Counsel may inquire of the extent of Attorney Manoogians representation including income received from defendants at trial. dated 9/19/2018 Mailed 10/29/2018. Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to exclude evidence of conduct or statements made in post-termination settlement negotiations. (#26.0): DENIED See order on reverse. Dated9/19/2018 mailed 1025/2018 Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to exclude any evidence of damages sustained by ready-credit due to late production of documents (#64.6): Other action taken Reserved. See #35. The production of documents on 8/16/2018 is not untimely and will not be a basis for allowance of the motion. Dated 9/18/2018 Mailed 10/29/2018 Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to prohibit plaintiff from reading testimony from the deposition of Alfredo Dos Anjos (#64.5): Other action taken Reserved in order for plaintiff to lay a foundation pursuant to 801(d)(2)c through Mr Teverow or Mr Dos Anjos Judge: Mason, Hon. Mark D

Opposition to (5) motions filed by H1 Lincoln, Inc. Doing Business as Majestic Honda Consolidated

List of exhibits (Joint)

Defendant South Washington Street, LLC, 849 South Washington Street, LLC's Motion to exclude James Balise Jr from testifying as to statements made by defendant to Joshua Teverow

Defendant South Washington Street, LLC, 849 South Washington Street, LLC's Motion for judgment on the pleadings

Endorsement on Motion in to prohibit plaintiff from reading testimony from the deposition of Alfredo Dos Anjos (#64.3): Other action taken Ruling is on the record Mailed 10/25/2018 Judge: Mason, Hon. Mark D

Defendant South Washington Street, LLC, 849 South Washington Street, LLC's EMERGENCY Motion to quash trial subpoenas of Alfredo Dos Anjos, David C Manoogian esq and Lisa Pariseault

Endorsement on Motion in limine to exclude testimony of Michael Crowley (#64.0): Other action taken Reserved to after Mr. Beck's testimony Mailed 10/25/2018 Judge: Mason, Hon. Mark D

ORDER: directing issuance of commission. (Mailed 09/04/18) Judge: Mason, Hon. Mark D

Letters Rogatory in the state of Ohio. (Mailed 09/04/18) Judge: Mason, Hon. Mark D Judge: Mason, Hon. Mark D

ORDER: on Plaintiff's Emergency Motion to Compel Discovery. (8-28-18 E-Mailed to parties, William Walsh, Asst. Clerk) Judge: Mason, Hon. Mark D

ORDER: Further Order on Plaintiff's Motion to prevent defendants from invoking the attorney client privilege with respect to Joshua Teverow cross-motion to exclude testimony concerning attorney-client communications. (8-28-18 E-mailed to parties, William Walsh, Asst. Clerk). Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to exclude (#34.0): evidence and expert testimony on "Benefit of the Bargain" and Delay Damages DENIED as to Mr. Berko for the reasons set forth in plaintiff's opposition. ALLOWED insofar as Mr. Balise may testify as to his opionion regarding the time period for defendant not as to a calculation of damages stemming from such delay. In this latter regard, I accept defendants' argument, in part. (8-28-18 Parties notified in court, William Walsh,. Asst. Clerk) Judge: Mason, Hon. Mark D

Endorsement on Motion for proposed voir dire questions for the courts inquiry of the venire (#54.0): ALLOWED Ruling on record. Dated 8/27/2018 Mailed 10/29/2018 Judge: Mason, Hon. Mark D

ORDER: on plaintiff's motion to prevent defendants from invoking the attorney client privilege with respect to Joshua Teverow (8-27-18 E-mailed to parties. William Walsh, Asst. Clerk) Judge: Mason, Hon. Mark D

Endorsement on Motion to Compel Discovery (#44.0): ALLOWED Rulings on the record, in part. See Order. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Endorsement on Motion to Compel Attorney Communications (#43.0): No Action Taken See #31. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Endorsement on Objection to plaintiff's motion in limine and cross-motion to exclude testimony concerning attorney client communications (#40.0): DENIED on the Consolidated Motion. See Order. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to exclude (#39.0): expert opinion and testimony of Russell Wheeler. (Mailed 08/31/18) Other action taken Reserved. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to exclude (#36.0): expert opinion and testimony by Nancy Runkle Other action taken Ms. Runkle may testify as a full witness subject to defendant's deposition at trial or, for example relevance. Reserved as to whether she may testify as a expert witness. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Endorsement on Motion in limine to exclude (#33.0): any expert testimony of Steven Cabral DENIED Rulings on Record. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Endorsement on Motion to exclude (#31.0): expert opinion on the ultimate issue of reasonableness ALLOWED Rulings on Record. (Mailed 08/31/18) Judge: Mason, Hon. Mark D

Plaintiff H1 Lincoln, Inc. Doing Business as Majestic Honda's Motion for relief from judgment and/or Order under M.R.C.P. 60.

Plaintiff's Notice of intent to file motion for relief from Judgment and/or Order under Mass. R.Civ.P. 60 and memorandum of law in support Applies To: McDonough, Esq., Michael G (Attorney) on behalf of H1 Lincoln, Inc. Doing Business as Majestic Honda (Plaintiff)

ORDER: Decision and Order on defendants' motion for a new trial or, in the alternative, remitter (emailed 6/3/19 by Asst. Clerk Walsh)

Rule 9A list of documents filed. Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)

Affidavit of compliance with Superior Court Rule 9A Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)

Request for hearing filed Applies To: Briansky, Esq., Richard E (Attorney) on behalf of 849 South Washington Street, LLC, South Washington Street, LLC (Defendant)