On April 19, 2013 a
Clerk Notice
was filed
involving a dispute between
Thomas Sullivan, For Himself And As Authorized Agent For Other,
and
Paul L. Sullivan, Jr., Co-Trustee Of The Needham Street Ii Realty Trust,
Paul L. Sullivan, Jr., Individually And As General Partner Of 66 Needham,
Paul L. Sullivan, Jr., Trustee Of The Sullivan Family Trust, September,
Raynham Construction Management, Inc.,
Sullivan, Individually And As Co-Trustee, Peter J.,
for Equitable Remedies
in the District Court of Middlesex County.
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70
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT
C.A.NO, 13-1364
THOMAS SULLIVAN, et al.
vs.
PAUL L. SULLIVAN, JR,, et al
DECISION AND ORDER ON DEFENDANTS’
MOTION TO BIFURCATE TRIAL (Paper #71)
After a hearing, the motion is ALLOWED. The issue of the ownership of the 66 Needham
Street property is a discreet issue which potentially could save the parties and the Court time and
effort. It may be resolved in a shorter trial than if all issues are tried together. While both sides are
confident in their positions, the issue is not so clear cut that a renewal of the summary judgment
motions makes sense. Therefore, the issue will be resolved in a separate trial from that on the other
issues raised in the plaintiffs’ complaint.
ORDERS
The parties are to notify the clerk in this session, James Lynch, whether this bifurcated trial
will be with or without a jury. Such notice shall be in writing and must be received by the close of
business on July 17, 2015. Trial will be scheduled by the clerk before the end of this year, but no
sooner than sixty days from the date of this order. There will be a final trial conference, also to be
scheduled by the clerk, at which the parties are to submit a revised Joint Pre-Trial Memorandum
regarding the issues for this bifurcated trial. Before that final trial conference the parties are to serve
any motions in limine pursuant to Superior Court Rule 9A and such motions/oppositions are to be
filed on the Friday before the final trial conference date.
Dated: June 29, 2015 Sau
Bruce R. Henry
Associate Justice
Document Filed Date
June 29, 2015
Case Filing Date
April 19, 2013
Category
Equitable Remedies
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70 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT C.A.NO, 13-1364 THOMAS SULLIVAN, et al. vs. PAUL L. SULLIVAN, JR,, et al DECISION AND ORDER ON DEFENDANTS’ MOTION TO BIFURCATE TRIAL (Paper #71) After a hearing, the motion is ALLOWED. The issue of the ownership of the 66 Needham Street property is a discreet issue which potentially could save the parties and the Court time and effort. It may be resolved in a shorter trial than if all issues are tried together. While both sides are confident in their positions, the issue is not so clear cut that a renewal of the summary judgment motions makes sense. Therefore, the issue will be resolved in a separate trial from that on the other issues raised in the plaintiffs’ complaint. ORDERS The parties are to notify the clerk in this session, James Lynch, whether this bifurcated trial will be with or without a jury. Such notice shall be in writing and must be received by the close of business on July 17, 2015. Trial will be scheduled by the clerk before the end of this year, but no sooner than sixty days from the date of this order. There will be a final trial conference, also to be scheduled by the clerk, at which the parties are to submit a revised Joint Pre-Trial Memorandum regarding the issues for this bifurcated trial. Before that final trial conference the parties are to serve any motions in limine pursuant to Superior Court Rule 9A and such motions/oppositions are to be filed on the Friday before the final trial conference date. Dated: June 29, 2015 Sau Bruce R. Henry Associate Justice