On March 18, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Yatsenick, Joal,
Yatsenick, Rick,
and
Curley, Stacey,
David Dillon Dba,
Edgar, Charles,
Old Wharf Village Llc,
for Torts
in the District Court of Barnstable County.
Preview
ft
BARNSTABLE, ss.
Nov. G, 2018 /
RICK YATSENICK and JOAL Af jar Weds, ellowre bP
Plaintiffs, Tritt cpudiotue to Nov. 2k 2 )
at 4:00 0M . Counsel to idfovm
jis Court RS to WA agile pie
abe Jor Uterus ov wiofions
Vv.
OLD WHARF VILLAGE, LLC,
CHARLES EDGAR, DAVID DILLON
D/B/A DILLON REAL ESTATE, and
eevee
STACEY CURLEY i Unde. Kida 9)
Defendants. By WL Cour?, Io" a J
Claw tint ul.) Wet te
PLAINTIFF’S MOTION TO CONTINUE TRIAL DUE TO THE UNEXPECTED
UNAVAILABILITY OF A MATERIAL AND NECESSARY WITNESS
The Plaintiffs, Rick Yatsenick and Joal Yatsenick (collectively “Plaintiffs”), by and
through counsel, hereby respectfully requests this Honorable Court, pursuant to Mass. R. Supp.
Ct. 33, to grant a continuance of the trial in the above captioned matter that is currently marked
for November 6, 2018.
In support thereof, the Plaintiffs state that the wife of Mr. Daniel Fortier, a material and
necessary witness has become unexpectedly and gravely ill and that it would be an unnecessary
hardship to compel the witness to testify where the Court could readily continue the date of the
trial to such time as the illness of the witness’ wife allows. Mr. Fortier is the Town of Dennis
Town Planner and has personal and firsthand knowledge unbeknownst to anyone else regarding
factual issues that are germane to the Plaintiffs advancing their case-in-chief. Mr. Fortier’s .
testimony cannot be substituted nor supplanted by anyone else from the Town of Dennis or
anywhere else and his involvement in this case has spanned over seven years.
This is the first time that either party has requested a continuance of the trial and the
Plaintiffs can think of no reason why this case should not be carried forward to accommodate a
witness who was subpoenaed over 50 days ago, on September 10, 2018, and has been ready to
testify for over a year. The Plaintiffs state that no party, including the Defendant, nor the Court
Document Filed Date
November 05, 2018
Case Filing Date
March 18, 2013
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ft BARNSTABLE, ss. Nov. G, 2018 / RICK YATSENICK and JOAL Af jar Weds, ellowre bP Plaintiffs, Tritt cpudiotue to Nov. 2k 2 ) at 4:00 0M . Counsel to idfovm jis Court RS to WA agile pie abe Jor Uterus ov wiofions Vv. OLD WHARF VILLAGE, LLC, CHARLES EDGAR, DAVID DILLON D/B/A DILLON REAL ESTATE, and eevee STACEY CURLEY i Unde. Kida 9) Defendants. By WL Cour?, Io" a J Claw tint ul.) Wet te PLAINTIFF’S MOTION TO CONTINUE TRIAL DUE TO THE UNEXPECTED UNAVAILABILITY OF A MATERIAL AND NECESSARY WITNESS The Plaintiffs, Rick Yatsenick and Joal Yatsenick (collectively “Plaintiffs”), by and through counsel, hereby respectfully requests this Honorable Court, pursuant to Mass. R. Supp. Ct. 33, to grant a continuance of the trial in the above captioned matter that is currently marked for November 6, 2018. In support thereof, the Plaintiffs state that the wife of Mr. Daniel Fortier, a material and necessary witness has become unexpectedly and gravely ill and that it would be an unnecessary hardship to compel the witness to testify where the Court could readily continue the date of the trial to such time as the illness of the witness’ wife allows. Mr. Fortier is the Town of Dennis Town Planner and has personal and firsthand knowledge unbeknownst to anyone else regarding factual issues that are germane to the Plaintiffs advancing their case-in-chief. Mr. Fortier’s . testimony cannot be substituted nor supplanted by anyone else from the Town of Dennis or anywhere else and his involvement in this case has spanned over seven years. This is the first time that either party has requested a continuance of the trial and the Plaintiffs can think of no reason why this case should not be carried forward to accommodate a witness who was subpoenaed over 50 days ago, on September 10, 2018, and has been ready to testify for over a year. The Plaintiffs state that no party, including the Defendant, nor the Court