Preview
1S
©
-
ge
@ Date Filed: 12/6/2023 1:43 PM
District Court - Dedham
Docket Number: 2354CV000075
COMMONWEALTH OF MASSACHUSETTS 43 pad / 0 { { 26
NORFOLK, ss. DISTRICT COURT DEPARTMENT
OF THE TRIAL COURT
THE NORFOLK & DEDHAM GROUP,
Plaintiffs,
o
2| 1/7
Vv. CIVIL ACTIO) NO.: 2354. 00075
PAPAYA PROPERTIES, LLC, THE wo
GREENVILLE CORPORATION, and AMERICO “2
COLALUCA,
wa
Defendants, 6
we
THE PARTIES’ JOINT MOTION TO CONTINUE PRETRIAL CONFERENCE
Plaintiff and Defendants jointly and respectfully request that this Court stay the December
8, 2023 Pretrial Conference in this matter or alternatively continue the Pretrial Conference by
approximately one month to January 5, 2024. As grounds for this motion, the Parties state:
I The gravamen of this case concerns alleged water damages that occurred within
Plaintiff's insured’s home. Based upon discovery to date, it appears that the water damage arose
as a result of the failure of a water meter servicing the property at issue. Further, based upon
discovery to date, the parties understand that Town ofMedway installed the water meter at issue
not any of the named Defendants. As.a result, the Town of Medway is a necessary party to this
litigation. Defendant, Papaya Properties, LLC (“Papaya”) intends to move with the assent of all
patties, to initiate a Third-Party Complaint against the Town of Medway in the Superior Court as
required pursuant to G.L. c. 258, § 4. Accordingly, Papaya shall file on or before December 8,
2023, an Assented-To Motion for leave to transfer this matter to the Superior Court and file a
Third-Party Complaint against the Town of.Medway pursuant to G.L. c. 258, § 4.
“t
@ © Date Filed: 12/6/2023 1:43 PM
District Court - Dedham
Docket Number: 2354CV000075
2. This request constitutes the first and only request for stay and/or continuance the
parties have made with respect to this matter. Further, the Parties have conferred regarding the
proposed continuance and agree that a modest continuance of the Pretrial Conference is in the
parties’ best interest, is in the interest of judicial economy, will conserve legal resources and the
proposed continuance will not prejudice any party. Accordingly, the parties request that the Court
stay the December 8, 2023 pretrial conference pending the Court’s decision concerning Papaya’s
forthcoming motion or, alternatively, grant a modest continuance of the December 8, 2023 Pre-
Trial Conference in this matter to Friday, January 5, 2024 to allow Defendant Papaya Properties,
Inc. to file an assented-to motion to transfer this action to the Superior Court and initiate a Third-
Party Complaint as to the Town of Medway.
WHEREFORE, the parties jointly request that the Court continue the Pretrial Conference from
December 8, 2023 to the date of January 5, 2024.
©
5
Date Filed: 12/6/2023 1:43 PM.
District Court - Dedham
Docket Number: 2354CV000075
Respectfully and jointly submitted,
Plaintiff, Defendants,
THE NORFOLK & DEDHAM GROUP PAPAYA PROPERTIES, LLC,
By its attorney,
By its attorney,
/s/ Frank L. Fragomeni, Jr. sf Ryan A, Rucki
Frank L. Fragomeni, Jr. (BBO #176990) Ryan A. Rucki (BBO #680227)
15 Court Square, Suite 880 Torres, Scammon, Hincks & Day, LLP
T: (617) 523-6511 119 High Street :
E: flflaw@live.com Boston, MA 02110
T: (617) 553-4968
E: crucki@tshdlegal.com
GREENVILLE CORPORATION,
By its attomey,
/s/ Bethany Pierson Minich
Bethany Pierson Minich (BBO #648163)
Litchfield Cavo LLP
6 Kimball Lane, Suite 200
Lynnfield, MA 01940
T: (781) 309-1500
E: minich@litchfieldcavo.com
AMERICO COLALUCA,
By his attorney,
ds/. fatthew W. Gendreau
Matthew W. Gendreau (BBO# 665866)
Law Offices of Cain & Geller
P.O. Box 6835
Scranton, Pennsylvania 18505
T: (617) 867-4714
E: matthew.gendreau@libertymutual.com
© % Date Filed: 12160023 1:43 PM
District Court - Dedham
Docket Number: 2354CV000075
CERTIFICATE OF SERVICE
I certify that on this 6 day of December, 2023, a copy of the foregoing document was
served on all counsel of record by first class mail and email.
4s/ Ryan A. Rucki
Ryan A. Rucki
Preview
1S © - ge @ Date Filed: 12/6/2023 1:43 PM District Court - Dedham Docket Number: 2354CV000075 COMMONWEALTH OF MASSACHUSETTS 43 pad / 0 { { 26 NORFOLK, ss. DISTRICT COURT DEPARTMENT OF THE TRIAL COURT THE NORFOLK & DEDHAM GROUP, Plaintiffs, o 2| 1/7 Vv. CIVIL ACTIO) NO.: 2354. 00075 PAPAYA PROPERTIES, LLC, THE wo GREENVILLE CORPORATION, and AMERICO “2 COLALUCA, wa Defendants, 6 we THE PARTIES’ JOINT MOTION TO CONTINUE PRETRIAL CONFERENCE Plaintiff and Defendants jointly and respectfully request that this Court stay the December 8, 2023 Pretrial Conference in this matter or alternatively continue the Pretrial Conference by approximately one month to January 5, 2024. As grounds for this motion, the Parties state: I The gravamen of this case concerns alleged water damages that occurred within Plaintiff's insured’s home. Based upon discovery to date, it appears that the water damage arose as a result of the failure of a water meter servicing the property at issue. Further, based upon discovery to date, the parties understand that Town ofMedway installed the water meter at issue not any of the named Defendants. As.a result, the Town of Medway is a necessary party to this litigation. Defendant, Papaya Properties, LLC (“Papaya”) intends to move with the assent of all patties, to initiate a Third-Party Complaint against the Town of Medway in the Superior Court as required pursuant to G.L. c. 258, § 4. Accordingly, Papaya shall file on or before December 8, 2023, an Assented-To Motion for leave to transfer this matter to the Superior Court and file a Third-Party Complaint against the Town of.Medway pursuant to G.L. c. 258, § 4. “t @ © Date Filed: 12/6/2023 1:43 PM District Court - Dedham Docket Number: 2354CV000075 2. This request constitutes the first and only request for stay and/or continuance the parties have made with respect to this matter. Further, the Parties have conferred regarding the proposed continuance and agree that a modest continuance of the Pretrial Conference is in the parties’ best interest, is in the interest of judicial economy, will conserve legal resources and the proposed continuance will not prejudice any party. Accordingly, the parties request that the Court stay the December 8, 2023 pretrial conference pending the Court’s decision concerning Papaya’s forthcoming motion or, alternatively, grant a modest continuance of the December 8, 2023 Pre- Trial Conference in this matter to Friday, January 5, 2024 to allow Defendant Papaya Properties, Inc. to file an assented-to motion to transfer this action to the Superior Court and initiate a Third- Party Complaint as to the Town of Medway. WHEREFORE, the parties jointly request that the Court continue the Pretrial Conference from December 8, 2023 to the date of January 5, 2024. © 5 Date Filed: 12/6/2023 1:43 PM. District Court - Dedham Docket Number: 2354CV000075 Respectfully and jointly submitted, Plaintiff, Defendants, THE NORFOLK & DEDHAM GROUP PAPAYA PROPERTIES, LLC, By its attorney, By its attorney, /s/ Frank L. Fragomeni, Jr. sf Ryan A, Rucki Frank L. Fragomeni, Jr. (BBO #176990) Ryan A. Rucki (BBO #680227) 15 Court Square, Suite 880 Torres, Scammon, Hincks & Day, LLP T: (617) 523-6511 119 High Street : E: flflaw@live.com Boston, MA 02110 T: (617) 553-4968 E: crucki@tshdlegal.com GREENVILLE CORPORATION, By its attomey, /s/ Bethany Pierson Minich Bethany Pierson Minich (BBO #648163) Litchfield Cavo LLP 6 Kimball Lane, Suite 200 Lynnfield, MA 01940 T: (781) 309-1500 E: minich@litchfieldcavo.com AMERICO COLALUCA, By his attorney, ds/. fatthew W. Gendreau Matthew W. Gendreau (BBO# 665866) Law Offices of Cain & Geller P.O. Box 6835 Scranton, Pennsylvania 18505 T: (617) 867-4714 E: matthew.gendreau@libertymutual.com © % Date Filed: 12160023 1:43 PM District Court - Dedham Docket Number: 2354CV000075 CERTIFICATE OF SERVICE I certify that on this 6 day of December, 2023, a copy of the foregoing document was served on all counsel of record by first class mail and email. 4s/ Ryan A. Rucki Ryan A. Rucki