Salomone, Mark E Vs. Bzmc Enterprises, Llc Et Al

Civil action cover sheet filed.

Answer to second amended third party complaint Applies To: Robert C. Dixon Individually and as trustee of The 295 High Street Condominium Trust (Defendant); John J. McQuarde, Jr. Individually and as trustee of The 295 High Street Condominium Trust (Defendant); Mark W. Bixby Individually and as trustee of The 295 High Street Condominium Trust (Defendant)

Amended: 3rd party complaint filed by Mark E Salomone 2nd amended

Endorsement on Motion to continue Pretrial Conference (#31.0): ALLOWED The clerk will work with the parties to find the earliest agreed upon date to continue this matter (em. 5/12/23)

Endorsement on Motion for leave to amend third-party complaint (#30.0): ALLOWED Judge: Bucci, Hon. Jeremy C

Attorney appearance On this date Stephen Wiseman, Esq. added for Defendant Mark W. Bixby Individually and as trustee of The 295 High Street Condominium Trust

Defendants BZMC Enterprises, LLC, Brendan Ciecko's Assented to Motion to continue / reschedule an event 06/01/2023 02:00 PM Final Pre-Trial Conference

Endorsement on Request for hearing (#30.1): ALLOWED Hearing scheduled for 5/23/23 @2pm Judge: Bucci, Hon. Jeremy C

Rule 9A list of documents filed.

Rule 9A notice of filing

Affidavit of compliance with Superior Court Rule 9A Applies To: O'Hara, Esq., Ryan K (Attorney) on behalf of BZMC Enterprises, LLC (Defendant)

Request for hearing filed Applies To: BZMC Enterprises, LLC (Defendant); Ciecko, Brendan (Defendant)

Plaintiff in a 3rd Party Claim BZMC Enterprises, LLC, Brendan Ciecko's Motion for leave to amend third-party complaint

Endorsement on Motion to continue pretrial conference and issue amended tracking order (#28.0): ALLOWED 60 day extension of tracking order (em.3/30/23)

3rd Party Summons, returned SERVED Applies To: The Western Group, LLC (Defendant)

3rd Party Summons, returned SERVED Applies To: Mark W. Bixby Individually and as trustee of The 295 High Street Condominium Trust (Defendant)

Plaintiff, Defendants Mark E Salomone, BZMC Enterprises, LLC, Brendan Ciecko's Joint Motion to continue / reschedule an event 04/03/2023 02:00 PM Final Pre-Trial Conference and issue amended tracking order

Amended: first amended 3rd party complaint filed by BZMC Enterprises, LLC, Brendan Ciecko

Answer to amended complaint and jury demand Applies To: O'Hara, Esq., Ryan K (Attorney) on behalf of BZMC Enterprises, LLC (Defendant)

Endorsement on Motion to extend discovery deadline (#18.0): ALLOWED (d. 10/26/22 and em. 10/28/22)

Plaintiff, Defendants Mark E Salomone, BZMC Enterprises, LLC, Brendan Ciecko's Joint Motion to extend discovery deadline

Endorsement on Motion to dismiss pursuant to Mass. R. CIV. P. 12(B)(1,6,7) (#17.0): DENIED This matter is plead as an unjust enrichment claim. Establishing unjust enrichment requires: (1) a benefit conferred upon the defendant by the plaintiff; (2) an appreciation or knowledge by the defendant of the benefit; and (3) acceptance or retention by the defendant of the benefit under the circumstances would be inequitable without payment for its value. Stevens v. Thacker, 550 F. Supp. 2d. 161, 165 (D. Mass. 2008). Courts emphasize the primacy of equitable concerns in finding an unjust enrichment. "Considerations of equity and morality play a large part in constructing a quasi-contract" Salamon v. Terra, 394 Mass. 857, 859 (1985). It is not really a contract but a legal obligation closely akin to a duty to make restitution. There are plausible factual scenarios that easily state a claim for relief. For instance, does the Master Deed and/or Trust provide that the utility bills and or insurance are the responsibility of the Trust? I do not agree that the Trust must be a party bringing the unjust enrichment claim under the cases cited by the defendant under G.L.c.183A. The Trust did not pay the money and hasn't suffered any damages. The defendant has not allegedly been unjustly enriched at the expense of the Trust; but rather, at the expense of Mr. Salamone. It appears unlikely that the defendant had any reasonable expectation that it's utilities and insurances would be free; let alone paid by Mr. Salamone in perpetuity. On its face, Mr. Salamone's Complaint states a claim for relief. (em.9/9/22)

Defendants BZMC Enterprises, LLC, Brendan Ciecko's Request for Hearing

Rule 9A list of documents filed.

3rd Party Summons, returned SERVED Applies To: John J. McQuarde, Jr. Individually and as trustee of The 295 High Street Condominium Trust (Defendant)

3rd Party Summons, returned SERVED (3rd Party compliant not specified) Applies To: Robert C. Dixon Individually and as trustee of The 295 High Street Condominium Trust (Defendant)

3rd Party Summons, returned SERVED (3rd Party compliant not specified) Applies To: Dang, Phat (Defendant)

Request for hearing filed Applies To: BZMC Enterprises, LLC (Defendant); Ciecko, Brendan (Defendant)

Rule 9A notice of filing

Affidavit of compliance with Superior Court Rule 9A Applies To: O'Hara, Esq., Ryan K (Attorney) on behalf of BZMC Enterprises, LLC, Ciecko, Brendan (Defendant)

Opposition to Defendants' Motion to Dismiss Pursuant to Mass.R.CIV.P.Rule 12(b) (1),(6) and (7) filed by Mark E Salomone

Mark E Salomone's Memorandum in opposition to Defendants' Motion to Dismiss Pursuant to Mass.R.CIV.P.Rule 12(b) (1),(6) and (7)

BZMC Enterprises, LLC, Brendan Ciecko's Memorandum in support of Motion to Dismiss Pursuant to Mass.R.CIV.P.12(B)(1,6,7)

Summons, returned SERVED Applies To: BZMC Enterprises, LLC (Defendant)

Summons, returned INCOMPLETE Applies To: BZMC Enterprises, LLC (Defendant)

Defendants BZMC Enterprises, LLC, Brendan Ciecko's Motion to dismiss Pursuant to Mass.R.CIV.P.12(B)(1,6,7)

Defendants's Notice of intent to file motion to dismiss Applies To: O'Hara, Esq., Ryan K (Attorney) on behalf of BZMC Enterprises, LLC, Ciecko, Brendan (Defendant)

Service Returned for Defendant Ciecko, Brendan: Service made at last and usual;

Endorsement on Motion for relief from order on Plaintiff's motion to amend. (#12.0): No Action Taken the court to schedule this matter for a Rule 16 conference. The plaintiff is to refrain from making service of the amended complaint until after the Rule 16 conference. (d. 03/10/22) (e. 03/14/22 by clerk)

Affidavit of Ryan O'Hara in support of Defendant's Emergency Motion for relief from order on Plaintiff's motion to amend.

Defendant BZMC Enterprises, LLC's EMERGENCY Motion for relief from order on Plaintiff's motion to amend.

Amended: First amended complaint filed by Mark E Salomone

Plaintiff Mark E Salomone's Motion to amend the complaint

Rule 9A list of documents filed. Applies To: Salomone, Esq., Mark E (Attorney) on behalf of Salomone, Mark E (Plaintiff)

Rule 9A notice of filing Applies To: Salomone, Esq., Mark E (Attorney) on behalf of Salomone, Mark E (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A Applies To: Salomone, Esq., Mark E (Attorney) on behalf of Salomone, Mark E (Plaintiff)

Received from Defendant BZMC Enterprises, LLC: Answer with claim for trial by jury;

Findings and Order for Approval of Plaintiff(s) Mark E Salomone's Motion (#3.0) for a Real Estate Attachment as to Defendant BZMC Enterprises, LLC in the amount of $28,000.00. as to property located at Unit 2 of the 25 High Street Condominium, Hampden County, Massachusetts.

Endorsement on Motion for a Real Estate Attachment (#3.0): ALLOWED $28,000.00 Allowed in the amount of $28,000 after a hearing at which the defendant, having been served with notice, failed to appear based on the plaintiff's showing of a reasonable likelihood of recovering judgment in an amount equal to or greater than the amount of the attachment over and above any liability insurance. Goodwin, J.

Affidavit (further)of Plaintiff Mark E Salomone in support of Real Estate Attachment

Plaintiff Mark E Salomone's EX PARTE Motion, Application for Real Estate Attachment (Referred to Judge Ferrera)

Short Order of Notice, returned SERVED (5) Applies To: BZMC Enterprises, LLC (Defendant)

Service Returned for Defendant BZMC Enterprises, LLC: Service through person in charge / agent;

Summons and order of notice issued on a EX PARTE Motion for a Real Estate Attachment , returnable on 01/19/2022 02:00 PM Motion Hearing. Applies To: BZMC Enterprises, LLC (Defendant)

Affidavit of John J. McQuade, Jr. in support of Real Estate Attachment

Affidavit filed by Plaintiff Mark E Salomone in support of Real Estate Attachment

Case assigned to: DCM Track F - Fast Track was added on 12/30/2021

Original civil complaint filed.