Preview
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, ss. - SUPERIOR COURT
CIVIL ACTION NO. 17-125
HISTORIC ROUND HILL SUMMIT, LLC,
Plaintiff,
v.
.T.P. DALEY INSURANCE AGENCY, INC.,
Defendant.
JOINT MOTION TO CONTINUE FINAL PRE-TRIAL CONFERENCE SCHEDULED
FOR JUNE 16, 2020 AT 2:00 P.M. AND TO RESET CASE DEADLINES
NOW come the Parties to the above-captioned action and jointly move this Honorable
Court to continue the final telephonic pre-trial conference presently scheduled for June 16, 2020
at 2:00 p.m. until after the conclusion of the trials presently scheduled in two other related
actions currently pending in Hampshire Superior Court, and to reset case tracking order
deadlines.. In support thereof, the parties state as follows:
Ll. This action, and the scope of the claims and damages, is tethered to two other
actions involving complicated issues concerning construction and insurance coverage litigation,
which are currently pending in Hampshire Superior Court. The first action captioned as:
Complete Restoration Solutions, Inc. v. Historic Round Hill Summit, LLC, et al., Civil Action
No. 1781-cv-00077 (the “CRS Action”), and the second related action is captioned: PeoplesBank
v. Certain Underwriters at Lloyd's London, Civil Action No. 1881-cv-00143 (the “PeoplesBank
Action”). . b- {s- Z0
e2. / On October 2, 2019, the Court (J. Agostini) consolidated The CRS Action and the
PeoplesBank Action into a single case (the “Consolidated Action”). In consolidating the two
matters, the Court observed that disposition of the two cases may narrow all outstanding issues.
3. The Consolidated Action has an anticipated trial date in September of 2020 due to
the COVID-19 pandemic.
4, The continuance of the presently scheduled final pre-trial conference until after
the Consolidated Action has been tried to a conclusion is warranted because the results of said
trial will dramati¢ally impact, and may serve to narrow or eliminate, the outstanding claims,
defenses, and damages at issue in this action.
5. Continuance of the presently scheduled final pre-trial conference is also warranted
because additional time will be necessary in order to allow the Parties to complete their
investigations of the claims as needed in this case, to facilitate settlement negotiations, and to
facilitate an efficient use of the Court’s and the Parties’ time and resources in the wake of the
trial results in the Consolidated Action.
6. To date, written discovery has been propounded and exchanged, but requires
supplementation of written discovery responses and likely some third-party discovery after the
completion of the related actions.
7. Several depositions have been taken in this matter, and the Parties anticipate
additional depositions will need to be noticed and scheduled after the related actions are tried.
8. As a result of the unprecedented COVID-19 pandemic and the inherent
complications and delays that resulted therefrom, additional time for the completion of final
discovery, as detailed above, will be needed once the trials in the related actions have concluded.9. The Parties submit this motion jointly, and therefore, none of the Parties will be
prejudiced by this motion.
WHEREFORE, the Parties pray that this Honorable Court grant their joint motion and
grant relief in the following manner:
1. Cancel the final pre-trial conference presently scheduled for June 16, 2020, at 2:00
P.M;
2. Extend the discovery deadline, and all further deadlines, to conclude in a staggered
fashion ninety (90) days following the conclusion of the trials scheduled in the
Consolidated Action; and
3. Schedule a further case status conference in this matter, pursuant to Mass. R. Civ. P.
16, in October of 2020 at such a time that is convenient for the Court.
HISTORIC ROUND HILL SUMMIT, LLC,
By its attorneys,
4s/ Paul S. Weinberg
Paul S. Weinberg, BBO# 519550
Weinberg & Garber, P. C.
One Roundhouse Plaza, Suite 304
Northampton, Ma 01060
Tel: 413-582-6886
Fax: 413-582-6881
pweinberg@w-g-law.com
T.P. DALEY INSURANCE AGENCY, INC.
By its attorneys,
és/ Christopher J. Yagoobian
Susan E. Cohen, BBO# 553353
Christopher J. Yagoobian, BBO# 697413
Peabody & Arnold LLP
600 Atlantic Avenue
Boston, MA 02210-2261
(617) 951-2100
scohen@peabodyarnold.com
cyagoobian@peabodyarnold.com
Dated: June 12, 2020CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I served a copy of this document to be served upon
the following via e-mail (by agreement) on June 12, 2020:
Representing the Defendant
Susan E. Cohen, BBO# 553353
Christopher J. Yagoobian, BBO# 697413
Peabody & Arnold LLP
600 Atlantic Avenue
Boston, MA 02210-2261
(617) 951-2100
scohen@peabodyarnold.com
cyagoobian@peabodyamold.com
/s/ Paul S. Weinberg
Paul S. Weinberg
1767547_1
15325-201155
Preview
COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, ss. - SUPERIOR COURT CIVIL ACTION NO. 17-125 HISTORIC ROUND HILL SUMMIT, LLC, Plaintiff, v. .T.P. DALEY INSURANCE AGENCY, INC., Defendant. JOINT MOTION TO CONTINUE FINAL PRE-TRIAL CONFERENCE SCHEDULED FOR JUNE 16, 2020 AT 2:00 P.M. AND TO RESET CASE DEADLINES NOW come the Parties to the above-captioned action and jointly move this Honorable Court to continue the final telephonic pre-trial conference presently scheduled for June 16, 2020 at 2:00 p.m. until after the conclusion of the trials presently scheduled in two other related actions currently pending in Hampshire Superior Court, and to reset case tracking order deadlines.. In support thereof, the parties state as follows: Ll. This action, and the scope of the claims and damages, is tethered to two other actions involving complicated issues concerning construction and insurance coverage litigation, which are currently pending in Hampshire Superior Court. The first action captioned as: Complete Restoration Solutions, Inc. v. Historic Round Hill Summit, LLC, et al., Civil Action No. 1781-cv-00077 (the “CRS Action”), and the second related action is captioned: PeoplesBank v. Certain Underwriters at Lloyd's London, Civil Action No. 1881-cv-00143 (the “PeoplesBank Action”). . b- {s- Z0 e2. / On October 2, 2019, the Court (J. Agostini) consolidated The CRS Action and the PeoplesBank Action into a single case (the “Consolidated Action”). In consolidating the two matters, the Court observed that disposition of the two cases may narrow all outstanding issues. 3. The Consolidated Action has an anticipated trial date in September of 2020 due to the COVID-19 pandemic. 4, The continuance of the presently scheduled final pre-trial conference until after the Consolidated Action has been tried to a conclusion is warranted because the results of said trial will dramati¢ally impact, and may serve to narrow or eliminate, the outstanding claims, defenses, and damages at issue in this action. 5. Continuance of the presently scheduled final pre-trial conference is also warranted because additional time will be necessary in order to allow the Parties to complete their investigations of the claims as needed in this case, to facilitate settlement negotiations, and to facilitate an efficient use of the Court’s and the Parties’ time and resources in the wake of the trial results in the Consolidated Action. 6. To date, written discovery has been propounded and exchanged, but requires supplementation of written discovery responses and likely some third-party discovery after the completion of the related actions. 7. Several depositions have been taken in this matter, and the Parties anticipate additional depositions will need to be noticed and scheduled after the related actions are tried. 8. As a result of the unprecedented COVID-19 pandemic and the inherent complications and delays that resulted therefrom, additional time for the completion of final discovery, as detailed above, will be needed once the trials in the related actions have concluded.9. The Parties submit this motion jointly, and therefore, none of the Parties will be prejudiced by this motion. WHEREFORE, the Parties pray that this Honorable Court grant their joint motion and grant relief in the following manner: 1. Cancel the final pre-trial conference presently scheduled for June 16, 2020, at 2:00 P.M; 2. Extend the discovery deadline, and all further deadlines, to conclude in a staggered fashion ninety (90) days following the conclusion of the trials scheduled in the Consolidated Action; and 3. Schedule a further case status conference in this matter, pursuant to Mass. R. Civ. P. 16, in October of 2020 at such a time that is convenient for the Court. HISTORIC ROUND HILL SUMMIT, LLC, By its attorneys, 4s/ Paul S. Weinberg Paul S. Weinberg, BBO# 519550 Weinberg & Garber, P. C. One Roundhouse Plaza, Suite 304 Northampton, Ma 01060 Tel: 413-582-6886 Fax: 413-582-6881 pweinberg@w-g-law.com T.P. DALEY INSURANCE AGENCY, INC. By its attorneys, és/ Christopher J. Yagoobian Susan E. Cohen, BBO# 553353 Christopher J. Yagoobian, BBO# 697413 Peabody & Arnold LLP 600 Atlantic Avenue Boston, MA 02210-2261 (617) 951-2100 scohen@peabodyarnold.com cyagoobian@peabodyarnold.com Dated: June 12, 2020CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of this document to be served upon the following via e-mail (by agreement) on June 12, 2020: Representing the Defendant Susan E. Cohen, BBO# 553353 Christopher J. Yagoobian, BBO# 697413 Peabody & Arnold LLP 600 Atlantic Avenue Boston, MA 02210-2261 (617) 951-2100 scohen@peabodyarnold.com cyagoobian@peabodyamold.com /s/ Paul S. Weinberg Paul S. Weinberg 1767547_1 15325-201155