Thomas Sullivan, For Himself And As Authorized Agent For Other Vs. Paul L. Sullivan, Jr., Individually And As General Partner Of 66 Needham Et Al

Order: DECISION AND ORDER ON DEFENDANTS MOTION TO BIFURCATE TRIAL (Pager #71): After a hearing, the motion is ALLOWED. The issue of the ownership of the 66 Needham Street property is a discreet issue which potentially could save the parties and the Court time and effort. It may be resolved in a shorter trial than if all issues are tried together. While both sides are confident in their positions, the issue is not so clear cut that a renewal of the summary judgment motions makes sense. Therefore, the issue will be resolved in a separated trial from that on the other issues raised in the plaintiffs' complaint. ORDERS: The parties are to notify the clerk in this session, James Lynch, whether this bifurcated trial will be with or without a jury. Such notice shall be in writing and must be received by the close of business on July 17, 2015. Trial will be scheduled by the clerk before the end of this year, but no sooner than sixty days from the date of this order. There will be a final trial conference, also to be scheduled by the clerk, at which th parties are to submit a revised Joint Pre-Trial Memorandum regarding the issues for this bifurcated trial. Before that final trial conference the parties are to serve any motions in limine pursuant to Superior Court Rule 9A and such motions/opposition are to be filed on the Friday before the final trial conference date. Dated: June 29, 2015

ORDER: SCHEDULING ORDER At the time of the parties' telephonic appearance, through counsel, before the Court on September 21, 2017, the Court established the following schedule of deadlines and events: 1. Deadline for serving written discovery request: December 1, 2017 2. By January 3, 2018, the parties shall advise the Court whether they have agreed on the terms and conditions under which expert depositions will be taken, and if so, shall advise the Court as to those conditions under which expert depositions will be taken, and if so, shall advise the Court as to those conditions. If the parties are unable to agree, the question of whether and under what conditions any particular expert deposition takes place shall remain for resolution by the Court, as necessary. 3. Deadline for completion of depositions of fact witnesses: January 19, 2018 4. Expert disclosures: No later than February 7, 2018. This deadline applies to all parties. 5. Final Pretrial Conference: March 7, 2018 6. Final Trial Conference: April 2, 2018 at 2:00pm. 7. Trial Date: April 9, 2018, beginning at 9:00AM Dated October 10, 2017 Judge: Kirpalani, Hon. Maynard

Thomas Sullivan, For Himself And As Authorized Agent For Other's Memorandum in support of Motion for Injunctive Relief with respect to the Residential Properties of Defendants Paul L. Sullivan, Jr. and Peter Sullivan pending a trial on Damages

Thomas Sullivan, For Himself And As Authorized Agent For Other's Memorandum in Response to Affidavit of Paul Sullivan, Jr., submitted in connection with Plffs' Motion for Certain Equitable Relief pending a Trial on Damages Applies To: Thomas Sullivan, For Himself And As Authorized Agent For Other (Plaintiff)

Affidavit of Paul L. Sullivan's in opposition to Plaintiff's Motion for Injunctive Relief. (Filed in court)

Party(s) file Stipulation pending motion for interim equitable relief, relating to property income & expenses Applies To: Thomas Sullivan, For Himself And As Authorized Agent For Other (Plaintiff); Paul L. Sullivan, Jr., Individually And As General Partner Of 66 Needham (Defendant); Paul L. Sullivan, Jr., Trustee Of The Sullivan Family Trust, September (Defendant); Sullivan, Individually And As Co-Trustee, Peter J. (Defendant); Paul L. Sullivan, Jr., Co-Trustee Of The Needham Street II Realty Trust (Defendant)

Defendant Paul L. Sullivan, Jr., Individually And As General Partner Of 66 Needham's Submission to court of financial operations (*report to the court)

ORDER: On Motion for Interim Equitable Relief Upon consideration of the plaintffs' motion for certain interim equitable relief, and in light of the parties' agreement as to the resolution of that motion, as reported to the Court, the court now makes the following Order with respect to revenues and expenses of the property at 66 Needham Street, Newton (the "Property"). Accordingly, effective August 9, 2017, and until further Order of the court on this matter, it is hereby ORDERED: 1. Absent agreement by the parties or further order of the Court, the rental and other revenues paid by the Tenant at the Property (currently $22,146.53) shall be used to pay only the following expenditures: (see scanned document for full text of paragraph 1); 2. All remaining revenue paid by the current tenant, Landry's, Inc., shall be promptly deposited into the Escrow Account established pursuant to the Court's Order dated November 7, 2013. Specifically, the amounts to be paid from lease revenues as itemized in paragraph 1 above total $12,919.31. This means that, until further Order of the Court, the amount to be deposited into the Escrow Account each month will be $9,227.22. 3. The defendants shall continue to provide monthly reports of the financial activities of the Property, as they have been doing since the entry of, and pursuant to, the November 7, 2013 Court Order. These monthly reports will include (in addition to the materials already being provided in the reports): (see scanned document for full text of paragraph 3); 4. With respect to any proposed expenditure relating to the Property not covered by the foregoing, such as maintenance, repairs, or renovations, the defendants shall submit to the plaintiffs (through counsel), a description of the work proposed, the entity(ies) or Person(s) proposed to perform the work; and the proposed cost. Upon the submission of such a proposal the following shall apply: (see scanned document for full text of paragraph 4); 5. Except as modified by this Order, the Order of the Court dated November 7, 2013 shall remain in full force and effect. Honorable Maynard Kirpalani Justice of the Superior Court Date: August 18, 2017

General correspondence regarding defendant Paul L Sullivan, Jr (Report to the court on July 2017 financial operations of defendant, Paul L Sullivan, Jr)

Defendant Paul L. Sullivan, Jr., Individually And As General Partner Of 66 Needham, Paul L. Sullivan, Jr., Trustee Of The Sullivan Family Trust, September, Peter J. Sullivan, Individually And As Co-Trustee, Paul L. Sullivan, Jr., Co-Trustee Of The Needham Street II Realty Trust, Raynham Construction Management, Inc.'s Response to Plaintiff Thomas Sullivan, For Himself And As Authorized Agent For Other's Motion for Certain Equitable Relief Pending A Trial On Damages

Thomas Sullivan, For Himself And As Authorized Agent For Other's Memorandum in support of Motion for Certain Equitable Relief Pending A Trial On Damages

Opposition to (1) Defendants' MOTION for reconsideration and clarification of the court's findings of fact and rulings of law and (2) Request for sanctions. filed by Thomas Sullivan, For Himself And As Authorized Agent For Other

Plaintiff Thomas Sullivan, For Himself And As Authorized Agent For Other's Motion for Certain Equitable Relief Pending A Trial On Damages

Endorsement on Motion for reconsideration and for clarification of the findings of fact and rulings of law following jury-waived bifurcated trial. (#118.0): DENIED The defendants have not set forth any reasons mandating reconsideration. The defendants may be assured that all of the evidence was considered by me in reaching my decision. No further clarification is warranted. Dated 7/19/2017

Findings of Fact and Rulings of Law: CONCLUSION [For the foregoing reasons] I find that the defendants have not established by clear and convincing evidence that their parents intended to convey the property to them to the exclusion of the other Sullivan Siblings and I deny their request to reform the deed to the 66Needham Street property. ORDER On the counterclaim of the defendants judgment shall enter for the plaintiffs denying the equitable reformation of the deed to the property at 66 Needham Street in Newton, Massachusetts. That property belongs to the 66 Needham Street Limited Partnership. Dated June 2, 2017

Plaintiff Thomas Sullivan, For Himself And As Authorized Agent For Other's Request for expedited hearing on defendants' motion for reconsideration and clarification.

General correspondence regarding regarding Report to the Court on January 2017 financial operations of defendant, Paul L. Sullivan, Jr.

General correspondence regarding Report to the Court on February 2017 financial operations of defendant, Paul L. Sullivan, Jr.

General correspondence regarding Report to the Court on December 2016 financial operations of defendant, Paul L. Sullivan, Jr.