Case Last Refreshed: 7 months ago
Umnv 205-207 Newbury Llc, filed a(n) General Commercial - Commercial case represented by Dennison, Esq., Wayne F, Dunn, Esq., Joshua, against Caffe Nero Americas Inc, represented by Martin, Esq., Andrea L, in the jurisdiction of Suffolk County, MA, . Suffolk County, MA Superior Courts with Janet L. Sanders presiding.
Case Number |
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Filing DateJuly 13, 2020 |
CategoryBusiness Litigation |
Last RefreshedSeptember 30, 2023 |
Practice AreaCommercial |
Filing LocationSuffolk County, MA |
Matter TypeGeneral Commercial |
Received from Defendant Caffe Nero Americas Inc: Answer with claim for trial by jury;
Date: August 12, 2020
Plaintiff UMNV 205-207 Newbury LLC's Notice of Filing Of Answer To Complaint
Date: August 13, 2020
Civil action cover sheet filed. (N/A)
Date: July 13, 2020
Original civil complaint filed.
Date: July 13, 2020| Date | Type | Description | |
|---|---|---|---|
| March 17, 2021 | Docket Event |
Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 03/24/2021 10:30 AM Has been: Canceled For the following reason: Case Settled Hon. Kenneth W Salinger, Presiding Staff: Philip Drapos, Assistant Clerk Magistrate
Judge: Salinger, Kenneth W |
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| March 12, 2021 | Docket Event | Party(s) file Stipulation of Dismissal (filed 3/12/21) as to plff vs deft with prejudice with each party bearing its own costs and waiving all rights of appeal JUDGMENT entered on docket pursuant to Mass R Civ P 58(a) as amended and notice sent to parties pursuant to Mass R Civ P 77(d) Applies To: UMNV 205-207 Newbury LLC (Plaintiff); Caffe Nero Americas Inc (Defendant) | |
| March 05, 2021 | Docket Event | The following form was generated: Notice to Appear - BLS Sent On: 03/05/2021 11:22:01 Notice Sent To: Wayne F Dennison, Esq. Brown Rudnick LLP One Financial Center, Boston, MA 02111 Notice Sent To: Joshua Dunn, Esq. Brown Rudnick LLP One Financial Center, Boston, MA 02111 Notice Sent To: Andrea L Martin, Esq. Burns and Levinson LLP 125 High St, Boston, MA 02110 | |
| March 03, 2021 | Docket Event | Plaintiff, Defendant UMNV 205-207 Newbury LLC, Caffe Nero Americas Inc's Joint Submission of Status Report and Request for Rule 16 Conference | |
| February 16, 2021 | Docket Event |
MEMORANDUM & ORDER: ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT: ORDER - On Plaintiff's motion for partial summary judgment, the Defendant is entitled to partial summary judgment in its favor as follows. When final judgment enters, it shall include the following declarations: (I) Defendant's obligation to pay rent under the parties; Lease was discharged under the doctrine of frustration of purpose from March 24, to June 22, 2020, and during any other period when Defendant was barred by government order concerning the COVID-19 pandemic not to allow any consumption of food or beverage within the lease premises; (ii) Defendant was not in default under the Lease as of May 19, 2020; and (iii) the written notice of termination issued by Plaintiff on May 19, 2020, was therefore not effective. Plaintiff's motion for partial summary judgment is otherwise denied. Dated: February 8, 2021 Notice sent 2/16/21 Judge: Salinger, Hon. Kenneth W
Judge: Kenneth WSalinger |
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| February 16, 2021 | Docket Event | Plaintiff UMNV 205-207 Newbury LLC's Motion for summary judgment, MRCP 56 (Partial Summary Judgment) (Filed 1/5/21) - DENIED. The Court will instead enter partial summary judgment in favor of the Defendant. See Memorandum and Order. Dated: February 8, 2021 Notice sent 2/16/21 | |
| January 12, 2021 | Docket Event |
Matter taken under advisement: Rule 12 Hearing scheduled on: 01/12/2021 02:30 PM Has been: Held - Under advisement Hon. Kenneth W Salinger, Presiding Staff: Philip Drapos, Assistant Clerk Magistrate
Judge: Salinger, Kenneth W |
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| December 03, 2020 | Docket Event | ORDER: TRACKING ORDER All discovery requests and depositions served and non-expert depositions completed: February 26, 2021; All Motions under MRCP 56 served by: March 26, 2021; All Motions under MRCP 56 filed by: May 26, 2021; Final pre-trial conference held and/or firm trial date set: June 17, 2021. Dated: 11/16/20 | |
| November 10, 2020 | Docket Event | The following form was generated: Notice to Appear Sent On: 11/10/2020 11:10:34 Notice Sent To: Wayne F Dennison, Esq. Brown Rudnick LLP One Financial Center, Boston, MA 02111 Notice Sent To: Joshua Dunn, Esq. Brown Rudnick LLP One Financial Center, Boston, MA 02111 Notice Sent To: Andrea L Martin, Esq. Burns & Levinson LLP 125 High St, Boston, MA 02110 | |
| November 10, 2020 | Docket Event |
Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 11/10/2020 11:00 AM Has been: Held as Scheduled Hon. Janet L Sanders, Presiding
Judge: Sanders, Janet L |
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