On October 14, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Marino, Michael S,
Morra, Christopher P,
and
Industria Engineering, Inc.,
Kassem, Gary,
Sunconnect Corporation,
Winthrop Street - Morra Solar, Llc,
for Equitable Remedies
in the District Court of Bristol County.
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4/3,
COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT
BRISTOL, ss. SUPERIOR COURT DEPARTMENT
NEW BEDFORD DIVISION
Docket No. 2173CV00738
Winthrop Property Trust, through its
BRISTOL, SS SUPERIOR COURT
Trustees,
1 FILED
' Plaintiff,
Vv
NOV 12 2021
t.
Winthrop Street - Morra Solar LLC, MARC J. SANTOS, ESQ.
t Defendant CLERK/MAGISTRATE
t
DEFENDANT’ S EMERGENCY MOTION TO BIFURCATE TRIAL
Now comes the Defendant Winthrop Street - Morra Solar LLC
and requests that the jury trial set for November 29, 2021 be
:
bifurcated SO aS to allow Defendant to prosecute its
I
counterclaims, just filed, in the event that the trial scheduled
fox November 29, 2021; simultaneous with this filing, Defendant
is lfiling its Emergency Motion for Partial Summary Judgment.
1
} As grounds for such continuance, Defendant was served with
the Complaint recently and has just filed its answer and
counterclaims, simultaneously with this motion. Discovery
relating to damages are necessary in order to allow Defendant to
fully and fairly prosecute its claims.
i
I
(
Page | of 2
<
For all of the above reasons, Defendant requests that this
Motion to Bifurcate be allowed in the event that the trial goes
forward on November 29, 2021 as aforesaid.
'
1 Respectfully submitted,
\ Defendant,
|
By Its C€
Robert Kraus, Esquire
BBO # 279535
r.kraus@kraushummel.com
John Prettyman, Bsq.,; ef counsel
j.prettyman@kraushummel.com
BBO #693184
Kraus & Hummel LLP
99A Court Street
Plymouth, MA 02360
(508) 747-4200
Dated: November 11, 2021
'‘
CERTIFICATE OF SERVICE
1
I
I, Robert Kraus, Esquire, attorney for the Defendant, hereby certify
that on this date, October 25, 2021, I served via email and over) ght mail a
copy of the within filings to Plaintiff’s counsel: Frank ¢ BYe
Corso Law LLC, 492 Winthrop Street, Suite 5. Rehoboth, i 027
Email: fec@corsolaw.com. LE
(C
Robert Kraus
1
Dated: November 11, 2021
nvtpai//cmiioh,shacapaint .cea/Public/IM Tocasante/Sencannect/TAO 10,2621/matien te Coneinue Winthsep Suncennece L1.2021.docn
Page 2 of 2
Document Filed Date
November 12, 2021
Case Filing Date
October 14, 2021
Category
Equitable Remedies
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< ha 4/3, COMMONWEALTH OF MASSACHUSETTS TRIAL COURT BRISTOL, ss. SUPERIOR COURT DEPARTMENT NEW BEDFORD DIVISION Docket No. 2173CV00738 Winthrop Property Trust, through its BRISTOL, SS SUPERIOR COURT Trustees, 1 FILED ' Plaintiff, Vv NOV 12 2021 t. Winthrop Street - Morra Solar LLC, MARC J. SANTOS, ESQ. t Defendant CLERK/MAGISTRATE t DEFENDANT’ S EMERGENCY MOTION TO BIFURCATE TRIAL Now comes the Defendant Winthrop Street - Morra Solar LLC and requests that the jury trial set for November 29, 2021 be : bifurcated SO aS to allow Defendant to prosecute its I counterclaims, just filed, in the event that the trial scheduled fox November 29, 2021; simultaneous with this filing, Defendant is lfiling its Emergency Motion for Partial Summary Judgment. 1 } As grounds for such continuance, Defendant was served with the Complaint recently and has just filed its answer and counterclaims, simultaneously with this motion. Discovery relating to damages are necessary in order to allow Defendant to fully and fairly prosecute its claims. i I ( Page | of 2 < For all of the above reasons, Defendant requests that this Motion to Bifurcate be allowed in the event that the trial goes forward on November 29, 2021 as aforesaid. ' 1 Respectfully submitted, \ Defendant, | By Its C€ Robert Kraus, Esquire BBO # 279535 r.kraus@kraushummel.com John Prettyman, Bsq.,; ef counsel j.prettyman@kraushummel.com BBO #693184 Kraus & Hummel LLP 99A Court Street Plymouth, MA 02360 (508) 747-4200 Dated: November 11, 2021 '‘ CERTIFICATE OF SERVICE 1 I I, Robert Kraus, Esquire, attorney for the Defendant, hereby certify that on this date, October 25, 2021, I served via email and over) ght mail a copy of the within filings to Plaintiff’s counsel: Frank ¢ BYe Corso Law LLC, 492 Winthrop Street, Suite 5. Rehoboth, i 027 Email: fec@corsolaw.com. LE (C Robert Kraus 1 Dated: November 11, 2021 nvtpai//cmiioh,shacapaint .cea/Public/IM Tocasante/Sencannect/TAO 10,2621/matien te Coneinue Winthsep Suncennece L1.2021.docn Page 2 of 2