Letter,Correspondence: Commerce Insurance Company as subrogee of Marie-Dolores Solano vs. MIT 22 Magazine Street Leasehold LLC et al

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               RECEIVED                       E-Filed 5/432021 and docketed 5/4/21
                                                                                          a

                                                                                        Lea             72
                                         COMMONWEALTH        OF MASSACHUSETTS

              NORFOLK,        ss.                                     SUPERIOR COURT DEPARTMENT
                                                                      CIVIL ACTION NO. 2082-CV-00968

              QUINCY MUTUAL FIRE INSURANCE                     )
                                                                                                                       3
              COMPANY a/s/o WASHINGTON
              ALLSTON CONDOMINIUM TRUST,
                   Plaintiff,                                                                                              a
                                                                                                              =
                                                                                                              mA
              v.                                                                                                               s
                                                                                                               On
                                                                                                               Cc                   oe
              MIT 22 MAGAZINE STREET                                                                           Ze
                                                                                                               AS.Ss               on
              LEASEHOLD, LLC.                                                                                  -
                   JOINT MOTION TO TRANSFER RELATED CASE PENDING IN THE CAMBRID:
                            DISTRICT COURT TO THE NORFOLK SUPERIOR COURT

                       Pursuant to G.L. c. 223,   § 2B and Massachusetts Trial Court Rule XII(8),   all parties t

              the two above-entitled actions respectfully request an interdepartmental assignment of thg.cas'
                                                                                                                       o

              captioned Commerce Ins. Co. a/s/o Marie-Dolores Solano v. MIT 22 Magazine Street, LEC and=

              Jones Lang LaSalle Americas, Inc.,      Cambridge District Court Civil Action No. 2052-CV-00399.
currently pending in the Cambridge District Court to the Norfolk Superior Court where the

related case captioned Quincy Mut. Fire Ins. Co. a/s/o Washington Allston Condo. Trust v. MIT

22 Magazine Street Leasehold, LLC, 22 Magazine Street Fee Owner, LLC and Jones Lang

LaSalle New England, LLC, Norfolk Superior Court Civil Action No. 2082-00968, is currently

pending without the payment of any entry fee.!

         These two cases are subrogation cases arising out of a fire that occurred on November 30,

2017 at 22-24 Magazine Street in Cambridge, Massachusetts.       Quincy Mut. Fire Ins. Co. insured

the Washington Allston Condo. Trust, which owned the condominium located at 172-174

Auburn Street in Cambridge, Massachusetts at the time of the fire. That property abuts the 22-24

Magazine Street Property. Commerce Ins. Co. insured Marie-Dolores Solano, the owner of a

condominium unit located at 174 Auburn Street No. 3 in Cambridge, Massachusetts at the time

of the fire.

         The current docket sheet for the Commerce Ins. Co. case is attached at Exhibit A. The

current docket sheet for the Quincy Mut. Fire Ins. Co. case is attached at Exhibit B.

         The parties’ request for interdepartmental assignment of the Commerce Ins. Co. case to

the Norfolk Superior Court should be granted because: (1) both cases arise out of the same

November 30, 2017 fire, (2) the defendants in both actions are the same, (3) the cases involve

common questions of law and fact, (4) the witnesses and evidence to be presented in both cases

will be substantially similar, apart from each plaintiff's respective damages claim; (5) both


' Commerce Ins. Co. filed an amended complaint naming only MIT 22 Magazine Street
Leasehold, LLC and Jones Lang LaSalle Americas, Inc. as the defendants on January 22, 2021 in
the Cambridge District Court. Quincy Mut. Fire Ins. Co. will be filing a similar amended
complaint naming only MIT 22 Magazine Street Leasehold, LLC and Jones Lang LaSalle
Americas, Inc. as the defendants in the Norfolk Superior Court. MIT 22 Magazine Street Fee
Owner, LLC will be dismissed from the Norfolk Superior Court action and Jones Lang LaSalle
Americas, Inc. will be substituted for Jones Lang LaSalle New England, LLC as the correct
defendant in that action.
actions are in the very early stages of litigation and no depositions have been taken; (6) neither

case has a trial date; (7) it will promote judicial efficiency and economy; and (8) it will conserve

the parties’ resources.

        Accordingly, all parties to these two actions respectfully request that the Commerce Ins.

Co, case be assigned to the Norfolk Superior Court.

 QUINCY MUTUAL FIRE INSURANCE                       MIT 22 MAGAZINE STREET
 COMPANY a/s/o WASHINGTON                           LEASEHOLD, LLC and JONES LANG
 ALLSTON CONDOMINIUM TRUST                          LASALLE AMERICAS, INC.,
 By its attorney,                                   By their attorney,



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