Conference: Philip J Mazzola Trustee of The Seventeen Wingaersheek Realty Trust vs. O'Brien, John F et al

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                                         COMMONWEALTH OF MASSACHUSETTS
                                                                                                                  i|
 ESSEX, ss                                                    SUPERIOR COURT DEPARTMENT

                                                              OF THE TRIAL COURT
                                                              CIVIL ACTION NO. 1677CV1587A.



                                     T
 PHILIP J.MAZZOLA, as
 TRUSTEE OF THE SEVENTEEN
 WINGAERSHEEK REALTY TRUST                                                            ALLOWED »
 Plaintiff,
                                                                                        APR 28 2019
 vi
                                                                                   Timothy Q. Feeley
 JOHN F. O’BRIEN and                                                                 Assoc. Justice
 BONITA J. O’BRIEN
 Defendants.                     '
                                                                                  Tie        onrnrea             RL    f

                             1
                                         PARTIES’ JOINT MOTION TO CONVERT
                        BP RE-TRIAL              CONFERENCE TO STATUS CONFERENCE
                         T
                        !
          NOW      COME the                 Parties, by and    through   their attormeys,   and jointly move   this

Honorable Court to convert the pre-trial conference scheduled for May 2, 2019, at 3:00 p.m. toja

 statusconference.

        As grounds for this Motion, the Parties state the following:

          l. This case had been significantly delayed because of Defendant John F. O’Brien?s

               health issues.

          2, On or about February                  14, 2019, in response to the Defendants’         Motion for|a

              Protetive Order, this Honorable Court ordered depositions to proceed “for persons

               other than Mr. O’Brien.”

                    !
3.    Since the Court’s order, the Parties have deposed Bonita O’Brien, Wendy Ercolani,,

              Donna ‘Bruno, and Vicky    Mullen.   Before the order, several other depositions were,

             taken, including the deposition of Plaintiff Philip Mazzola, which needs to be

              completed. The only remaining depositions are one witness, Sam Nigro, and finishing!

              the depositions of Mr. Mazzola and Mr. O’Brien,

              Although the Parties are not ready for a pre-trial conference, it would be useful fos

              counsel to present a status update to this Honorable Court and to seek guidance on

              issues that have arisen, notably Mr. O’Brien’s ongoing health problems and when the

              Court will permit Plaintiffs counsel to complete Mr. O’Brien’s deposition.

       NOW THEREFORE, the Parties move this Honorable Court to postpone the submissio1

of a pre-trial conference memo and to convert the pre-trial conference scheduled for May 2 to

status conference!
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Respectfully submitted,                                         Respectfully submitted,

Philip J. Mazzola,
Trustee of the Seventeen Wingaersheek Realty Trust,             John F. O’Brien
By his attorneys,'                                              and Bonita J. O’Brien,


                                                                Lowi
                                                                By their attorney,
Mime 4                        eA
William H. Sheehan IIT, BBO'#457060                                                  a
Thomas J. Flannagan, BBO #564328                                Meredith Fine, BBO #669248
MacLean Holloway Doherty & Sheehan. P.C                         Law Office of Meredith A. Fine
8 Essex Center Drive                                            46 Middle Street, Suite 2
Peabody, MA       01960                                         Gloucester, MA 01930
(978) 774-7123 ;                                                (978) 515-7224
wsheehan@mhdpe.com                                              meredith@attorneymeredithfine.com
tflannagan@mbhdpe.com

Dated: April 23,'2019
                     '