Document for Cheryl Coakley-Rivera Individually and in his/her capacity Registrar of Deeds et al vs. Paula Carey In Official Capacity Chief Justice of Administration and Management et al

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                                COMMONWEALTH         OF MASSACHUSETTS

WORCESTER,           ss                                                  SUPERIOR COURT
                                                            CIVIL ACTION NO. 2185CV00984A


 REGISTRAR OF DEEDS CHERYL COAKLEY-
 RIVERA, Individually and on Behalf of All Other
 Persons Similarly Situated, JUDITH POTTER,
 Individually and on Behalf of All Other Persons
 Similarly Situated,

                 Plaintiffs,
      Vv.


 PAULA CAREY, in her capacity as CHIEF JUSTICE
 OF ADMINISTRATION AND MANAGEMENT;
 JOHN BELLO, in his capacity as COURT
 ADMINISTRATOR OF THE MASSACHUSETTS
 TRIAL COURTS; CHARLES O’BRIEN, in his
 capacity as DIRECTOR OF FACILITIES
 MANAGEMENT AND CAPITAL PLANNING
 DEPARTMENT OF THE TRIAL COURT; and
 CAROL GLADSTONE, in her capacity as
 COMMISSION OF THE DIVISION OF CAPITAL
 ASSET MANAGEMENT,

                 Defendants.


                  DEFENDANTS’       STATEMENT        ON JURISDICTIONAL ISSUES

            At the hearing on September 9, 2021, the Court set a schedule for briefing and a hearing

on certain jurisdictional issues raised by the Defendants.     The Parties have conferred and reached

agreement on these jurisdictional issues, as set forth in the paragraphs below.        In light of these

agreements, the Parties have agreed that the hearing currently scheduled for Monday, September

20, 2021, is no longer necessary.

            1      The Parties agree that the claim asserted in the Verified Complaint is a claim for a

declaratory judgment that seeks a declaration of rights pursuant to G.L. c. 211, § 3. This statute
provides, in relevant part, as follows:

        the justices of the supreme judicial court shall also have general superintendence of
        the administration of all courts of inferior jurisdiction ...; and it may issue such
        writs, summonses and other processes and such orders, directions and rules as may
        be necessary or desirable for the furtherance of justice, the regular execution of the
        laws, the improvement     of the administration of such courts, and the securing of
        their proper and efficient administration ... .

G.L. c. 211, § 3, para. 2.

        2       The Parties also agree that claims under G.L. c. 211, § 3, para. 2 are subject to the

exclusive jurisdiction of the Supreme Judicial Court.        Defendants understand that Plaintiffs will

accordingly file a petition in the Supreme Judicial Court for Suffolk County under G.L. c. 211,

§3.
        3       The Parties further agree that resolution of the Plaintiffs’ claim will require

development of a factual record and fact-finding.         The Parties have agreed to seek an expedited

hearing on the Plaintiffs’ Motion for Preliminary Injunction consolidated with the trial on the

merits pursuant to Mass. R. Civ. P. 65(b)(2).

        4       Finally, the Parties have agreed to file a motion with the Single Justice under G.L.

c. 211, § 4A, requesting that that Court transfer the case back to this Session of the Superior Court,

to undertake the fact-finding and possible recommendations as to conclusions of law, that will be

required in the case.

        5       The Defendants are prepared to cooperate with the Plaintiffs in the filing of a

petition pursuant to G.L. c. 211, § 3 and a motion to transfer pursuant to G.L. c. 211, § 4A.
Respectfully submitted,

                              PAULA CAREY, in her capacity as CHIEF JUSTICE OF
                              ADMINISTRATION AND MANAGEMENT; JOHN
                              BELLO, in his capacity as COURT ADMINISTRATOR
                              OF THE MASSACHUSETTS TRIAL COURTS;
                              CHARLES O’BRIEN, in his capacity as DIRECTOR OF
                              FACILITIES MANAGEMENT AND CAPITAL
                              PLANNING DEPARTMENT OF THE TRIAL COURT;
                              and CAROL GLADSTONE, in her capacity as
                              COMMISSION OF THE DIVISION OF CAPITAL
                              ASSET MANAGEMENT,

                              By their attorney,

                              MAURA HEALEY, ATTORNEY GENERAL


                              /s/ Phoebe Fischer-Groban
                              Julie E. Green, BBO# 645725
                              Phoebe Fischer-Groban, BBO# 687068
                              Assistant Attorney General
                              Office of the Attorney General
                              One Ashburton Place
                              Boston, MA 02108-1698
                              (617) 963-2085
                              (617) 727-5785 (Facsimile)
                              Julie.Green@mass.gov
                              Phoebe.Fischer-Groban@mass.gov

Dated:   September 15, 2021
CERTIFICATE OF SERVICE

       I hereby certify that on September 15, 2021 a true copy of the foregoing document was
served by email on the following:

       Laura D. Mangini, Esq.
       Robert A. DiTusa, Esq.
       Ryan E. Alekman, Esq.
       Alekman DiTusa, LLC
       1550 Main Street, Suite 401
       Springfield, MA 01103
       (413) 781-0000
       jaura@alekmanditusa.com
        obert@alekmanditusa.com
       ryan@alekmanditusa.com

       Jeffrey S. Morneau, Esq.
       Chelsea Choi, Esq.
       Connor, Morneau & Olin, LLP
       273 State Street, Second Floor
       Springfield, MA      01103
       (413) 455-1730
       jmorneau@cmolawyers.com
       echoi@cmolawyers.com

       Thomas A. Kenefick, III, Esq.
       73 Chestnut Street
       Springfield, MA      01103
       (413) 734-7000
       takenefick@takenefick.com

       Counsel for Plaintiffs


                                                /s/ Phoebe Fischer-Groban
                                               Phoebe Fischer-Groban