Going, Connie Vs. Ronald G D'Auteuil Doing Business As Olde Tyme Stuff,Inc. Et Al

ORDER of dismissal nisi entered after action was reported settled; Agreement or Stipulation shall be filed in this court by 11/20/2017 NISI extended an additional 20 days at request of parties by the court (Carey, J) Judge: Carey, Hon. Richard J

Certificate of service of attorney or Pro Se: Morris A Bergman, Esq.

Stipulation of dismissal with Prejudice, without Costs as to Connie Going's original complaint

Endorsement on Request to continue / reschedule an event Pre-Trial Conference (#18.0): ALLOWED with assent of Attorney Bergman.

Endorsement on Request to continue / reschedule an event Pre Trial Conference (#17.0): Other action taken Pre-Trial Conference continued to August 21, 2017 at 2:00 pm. No further notice to issue.

Endorsement on Motion to continue / reschedule an event pre trial conference (#16.0): ALLOWED by agreement to Wednesday, June 28, 2016 at 2:00pm.

Endorsement on Motion to continue / reschedule an event (#15.0): DENIED

Endorsement on Motion for reconsideration (#13.0): DENIED

Certificate of service of attorney or Pro Se: Morris A Bergman, Esq.

Affidavit of compliance with Superior Court Rule 9A No opposition Applies To: Bergman, Esq., Morris A (Attorney) on behalf of Olde Tyme Stuff, Inc (Defendant)

Endorsement on Motion to dismiss all counts (#11.0): DENIED Based upon the plaintiff's verified complaint, I cannot say that there is no reasonable likelihood that the plaintiff's recovery, if any, will be in excess of $25,000.00

Endorsement on Motion to dismiss all counts (#10.0): Other action taken As to Count I of the counterclaim, the plaintiff has not shown that the claim is based on her protected petitioning activities alone (i.e. filing this lawsuit). Rather, it appears to be based on alleged misrepresentations made by the plaintiff long before this lawsuit was filed. See Wynne v. Creigle, 63 Mass. App. Ct. 246(2005). As to Count 2, that claim is based on the plaintiff's petitioning activity alone. However, there is no claim for "frivolous lawsuit" recognized in the law. The defendants' remedy is a motion under G.L.c. 231, section 6F for attorney's fees and cost after a verdict or finding in the defendants' favor on the plaintiff's claims against them. Accordingly, the motion is Denied as to Count 1 and ALLOWED as to Count 2 of the counterclaim.

Certificate of service of attorney or Pro Se: Applies To: Bergman, Esq., Morris A (Attorney) on behalf of Ronald G D'Auteuil Doing Business as Olde Tyme Stuff,Inc. (Defendant)

Connie Going's Memorandum in support of motion to dismiss

Opposition to paper #11.0 motion/memorandum to dismiss verified complaint filed by Connie Going

Defendant Ronald G D'Auteuil Doing Business as Olde Tyme Stuff,Inc., Olde Tyme Stuff, Inc's Motion to dismiss all counts

Affidavit of compliance with Superior Court Rule 9A Applies To: Goldberg, Esq., Justin Peter (Attorney) on behalf of Going, Connie (Plaintiff)

Opposition to paper #10.0 special motion to dismiss filed by Ronald G D'Auteuil Doing Business as Olde Tyme Stuff,Inc. with attached exhibits

Connie Going's Memorandum in support of special motion to dismiss.

Plaintiff Connie Going's Motion to dismiss under some, not all counts

Received from Plaintiff Going, Connie: Answer to the Counterclaim;

Received from Defendant Ronald G D'Auteuil Doing Business as Olde Tyme Stuff,Inc. Answer.: Olde Tyme Stuffe,Inc., Answer with a counterclaim;

Service Returned for Defendant Olde Tyme Stuff, Inc: Service through person in charge / agent;

Service Returned for Defendant Ronald G D'Auteuil Doing Business as Olde Tyme Stuff,Inc.: Service made in hand;

Case assigned to: DCM Track F - Fast Track was added on 01/20/2016

Verified Original civil complaint filed.