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AND "damages" AND "injuries" AND "relief" Both terms must appear in document
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Franks As Executrix V Recycling Walpole Llc

Case Last Refreshed: 3 years ago

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Franks As Executrix, Barbara, filed a(n) Breach of Contract - Commercial case represented by Murphy, Esq., Christine Anne, Allcock, Esq., Edmund Arthur, against Recycling Walpole Llc, represented by Hoyt, Esq., Drew W, in the jurisdiction of Norfolk County, MA, . Norfolk County, MA Superior Courts .

Case Details for Franks As Executrix, Barbara v. Recycling Walpole Llc

Case Number

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Filing Date

January 04, 2011

Category

Contract / Business Cases

Last Refreshed

April 10, 2021

Practice Area

Commercial

Filing Location

Norfolk County, MA

Matter Type

Breach of Contract

Parties for Franks As Executrix, Barbara v. Recycling Walpole Llc

Plaintiffs

Franks As Executrix, Barbara

Attorneys for Plaintiffs

Murphy, Esq., Christine Anne

Allcock, Esq., Edmund Arthur

Defendants

Recycling Walpole Llc

Attorneys for Defendants

Hoyt, Esq., Drew W

Other Parties

Allied Recycling Center Inc (Trustee Defendant)

Hailer, Esq., George F (Attorney)

Hailer, Esq., George F (Attorney)

Lawson & Weitzen (Trustee Defendant)

Sovereign Bank (Trustee Defendant)

Case Events for Franks As Executrix, Barbara v. Recycling Walpole Llc

Date Type Description
April 03, 2012 Docket Event Stipulation of dismissal with prejudice, without cost including counterclaims
March 30, 2012 Docket Event Pleading, Stipulation of dismissal, returned to Christine A Murphy, Esq., for/or Barbara Franks As Executrix.: New stipulation to be filed to include counterclaim
December 27, 2011 Docket Event Motion (P#18.0) ALLOWED. The discovery deadline is extended up to and including February 3, 2012. Any Rule 56 motions shall be served by March 5, 2012 and filed by April 6, 2012. A final pretrial conference shall be scheduled in July, 2012. (Patrick F. Brady, Associate Justice) dated December 23, 2011 Notices mailed 12/27/2011
December 20, 2011 Docket Event Joint MOTION to extend scheduling order deadlines
September 02, 2011 Docket Event Return of Status Notice - Needs Discovery; Motion to dismiss recently denied (rec'd 8/8/11)
September 02, 2011 Docket Event Motion (P#16.0) ALLOWED by assent. Discovery deadline is extended up to and including January 4, 2012; Rule 56 filing deadline is extended up to and including February 3, 2012; pretrial conference to be scheduled July, 2012. (Patrick F. Brady, Associate Justice) dated September 2, 2011 Notices mailed 9/2/2011
September 02, 2011 Docket Event Parties' joint MOTION to amend tracking deadline((Rec'd. 9/1/2/201)
August 02, 2011 Docket Event Notice sent: of Status review with a return date of August 24, 2011 ( Brady, J.) cs
May 27, 2011 Docket Event ANSWER and Jury Demand: Barbara Franks as Executrix(Defendant/counterclaim)
May 24, 2011 Docket Event Motion (P#11.0) After hearing, the Motion to dismiss Counterclaims is DENIED. Pursuant to G.L.c. 260, s. 36, the relevant statutes of limitations would not appear to bar those counterclaims, at least to the extent of off-set. Further, issue raised relating to the discovery rule may provide an additional grounds to surmount the statutes of limitations, as this would raise a fact issue, potentially, such that the claim is not precluded at the Rule 12 (b)(6) stage. See Salvas v Walmart, 452 Mass. 337, 377 (2008). Given these factors, the moving party is unable to demonstrate that the plaintiff-in-counterclaim has failed to state a claim upon which relief can be granted. (Thomas A. Connors, Associate Justice) dated May 18, 2011 Notices mailed 5/24/2011
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