Preview
e To: 508-362-7754 From: Cheryl Jalbert 4-06-18 7:40am p. 3 of 6
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss SUPERIOR COURT DEPARTMENT
CIVIL, ACTION NO. 1372CV00125
dl fs Alb
RICK YATSENICK and JOAL
YATSENICK
Plaintiffs,
Pua se yt >
Vv.
OLD WHARF VILLAGE, LLC,
CHARLES EDGAR, DAVID DILLON
D/B/A DILLON REAL ESTATE, and
Lancia
STACEY CURLEY,
Defendants.
PL ‘IFFS’ ENCY MOTION TO CONT! TRIAL IGNMENT
CONFERENCE
NOW COME the Plaintiffs, Rick Yatsenick and Joal Yatsenick (“Plaintiffs”), by and
through counsel, and hereby move, on an exigent basis, to continue the Trial Assignment
Conference, which is scheduled to take place via telephone conference today, April 6, 2018, at
2:30 p.m. The Plaintiffs respectfully request that the Trial Assignment Conference be continued
to May 4, 2018.
In support of this Motion, the Plaintiffs state as follows:
1 This is an action arising out of the sale of an alleged condominium unit located at
405 Old Wharf Road, Dennisport, Massachusetts, in which the Plaintiffs’ claims for breach of
colontrac, intentional misrepresentation, negligent misrepresentation, violation of G.L. c. 93A, §
9, and money had and received will be’ proceeding to trial against Defendants, Old Wharf
Village, LLC and Charles Edgar (“Defendants”),
e To: 508-362-7754 From: Cheryl Jalbert 4-06-18 7:40am ped of 6
2. The Jury Trial was originally scheduled to commence on October 23, 2017 but
was rescheduled by the Court due to a scheduling conflict.
3. The Jury Trial was continued to March 21, 2018, and on March 20, 2018, the
Parties received notification that the trial would need to be rescheduled by the Court due to a
scheduling conflict.
4. The Trial Assignment Conference was subsequently scheduled, upon agreement
of the Parties, to take place via telephone conference on April 6, 2018, at 2:30 p.m.
5 The Plaintiffs’ counsel has a conflict that he is not at liberty to disclose and is
unable to participate in today’s scheduling conference, Additionally, the Plaintiffs have not been
able to coordinate with their witnesses, including expert witness, to determine their availabilities
and calendar conflicts for the rescheduling of the trial. Plaintiffs’ yunsel has spoken with
Defendants’ counsel to request her assent to a continuance of the Trial Assignment Conference,
and she has indicated that she objects to Plaintiffs’ request.
6. The Plaintiffs request a continuance of today’s Trial Assignment Conference to a
date that the Court has indicated it is available for same, May 4, 2018.
~ 7 The Plaintiffs respectfully submit that the requested continuance will not
prejudice either of the Parties with respect to the scheduling of the new trial date, as it will allow
the Plaintiffs to fully participate in same.
WHEREFORE, the Plaintiffs respectfully request that the Trial Assignment Conference
be continued from today, April 6, 2018, to May 4, 2018.
: ier 508-362-7754 From: Cheryl Jalbert 4-06-18 7:40am op, 5 of 6
Respectfully submitted,
RICK YATSENICK and
JOAL YATSENICK,
By thy ey,
‘Boaglas A. Troyer BBO #645138) ~
Moriarty Troyer & Malloy LLC
30 Braintree Hill Office Park, Suite 205
Braintree, MA 02184
(781) 817-4900
_ / dtroyer@lawmtm.com
Dated: Api 6, 2018
Ne
7 yor 508-362-7754 From: Cheryl Jalbert 4-06-18 7:40am op. 6 of 6
CERTIFICATION OF SERVICE
Lhereby certify that on April 6, 2018, I served a true and correct copy of this document
upon all counsel of record via first-class mail and email.
" Douglas A. Troyer
Preview
e To: 508-362-7754 From: Cheryl Jalbert 4-06-18 7:40am p. 3 of 6 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss SUPERIOR COURT DEPARTMENT CIVIL, ACTION NO. 1372CV00125 dl fs Alb RICK YATSENICK and JOAL YATSENICK Plaintiffs, Pua se yt > Vv. OLD WHARF VILLAGE, LLC, CHARLES EDGAR, DAVID DILLON D/B/A DILLON REAL ESTATE, and Lancia STACEY CURLEY, Defendants. PL ‘IFFS’ ENCY MOTION TO CONT! TRIAL IGNMENT CONFERENCE NOW COME the Plaintiffs, Rick Yatsenick and Joal Yatsenick (“Plaintiffs”), by and through counsel, and hereby move, on an exigent basis, to continue the Trial Assignment Conference, which is scheduled to take place via telephone conference today, April 6, 2018, at 2:30 p.m. The Plaintiffs respectfully request that the Trial Assignment Conference be continued to May 4, 2018. In support of this Motion, the Plaintiffs state as follows: 1 This is an action arising out of the sale of an alleged condominium unit located at 405 Old Wharf Road, Dennisport, Massachusetts, in which the Plaintiffs’ claims for breach of colontrac, intentional misrepresentation, negligent misrepresentation, violation of G.L. c. 93A, § 9, and money had and received will be’ proceeding to trial against Defendants, Old Wharf Village, LLC and Charles Edgar (“Defendants”), e To: 508-362-7754 From: Cheryl Jalbert 4-06-18 7:40am ped of 6 2. The Jury Trial was originally scheduled to commence on October 23, 2017 but was rescheduled by the Court due to a scheduling conflict. 3. The Jury Trial was continued to March 21, 2018, and on March 20, 2018, the Parties received notification that the trial would need to be rescheduled by the Court due to a scheduling conflict. 4. The Trial Assignment Conference was subsequently scheduled, upon agreement of the Parties, to take place via telephone conference on April 6, 2018, at 2:30 p.m. 5 The Plaintiffs’ counsel has a conflict that he is not at liberty to disclose and is unable to participate in today’s scheduling conference, Additionally, the Plaintiffs have not been able to coordinate with their witnesses, including expert witness, to determine their availabilities and calendar conflicts for the rescheduling of the trial. Plaintiffs’ yunsel has spoken with Defendants’ counsel to request her assent to a continuance of the Trial Assignment Conference, and she has indicated that she objects to Plaintiffs’ request. 6. The Plaintiffs request a continuance of today’s Trial Assignment Conference to a date that the Court has indicated it is available for same, May 4, 2018. ~ 7 The Plaintiffs respectfully submit that the requested continuance will not prejudice either of the Parties with respect to the scheduling of the new trial date, as it will allow the Plaintiffs to fully participate in same. WHEREFORE, the Plaintiffs respectfully request that the Trial Assignment Conference be continued from today, April 6, 2018, to May 4, 2018. : ier 508-362-7754 From: Cheryl Jalbert 4-06-18 7:40am op, 5 of 6 Respectfully submitted, RICK YATSENICK and JOAL YATSENICK, By thy ey, ‘Boaglas A. Troyer BBO #645138) ~ Moriarty Troyer & Malloy LLC 30 Braintree Hill Office Park, Suite 205 Braintree, MA 02184 (781) 817-4900 _ / dtroyer@lawmtm.com Dated: Api 6, 2018 Ne 7 yor 508-362-7754 From: Cheryl Jalbert 4-06-18 7:40am op. 6 of 6 CERTIFICATION OF SERVICE Lhereby certify that on April 6, 2018, I served a true and correct copy of this document upon all counsel of record via first-class mail and email. " Douglas A. Troyer