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01-3082 - Petrello, et al v. White, et al


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01-3082 - Petrello, et al v. White, et al
February 2, 2006
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ORDER: For the reasons set forth herein, Plaintiffs' motion for summary judgment is GRANTED and the Court ORDERS specific performance of the August 1998 Contract of Sale. Defendants' counterclaims one through five are DISMISSED, and their request to amend as to the proposed sixth counterclaim is DENIED. Defendants' request to amend as to counterclaims seven and eight, however, is GRANTED. Ordered by Judge Denis R. Hurley on 02/02/2006. (Hurley, Denis)
August 7, 2007
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/07. (Hurley, Denis)ORDER granting 228 Motion to Dismiss; denying 235 Motion for Reconsideration: For the reasons set forth in the accompanying Memorandum of Decision and Order, Plaintiffs' Motion to Dismiss Counterclaims is granted, Defendants' Motion for Reconsideration and Vacatur is denied and Defendants' Motion for a Stay Pending Appeal is granted on the condition that Defendants move to restore their appeal within thirty (30) days of the date hereof. Ordered by Judge Denis R. Hurley on 8/07
December 30, 2008
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MEMORANDUM AND OPINION: The Court shall enter an order, pursuant to Federal Rule of Civil Procedure 54(b) directing the Clerk of Court to enter a partial final judgment granting specific performance of the contract for the sale of lots 4,5, and 6 and dismissing each of Defendants' Ccounterclaims and denying a stay pending appeal. See attached Memorandum. Ordered by Senior Judge Denis R. Hurley on 12/30/08. (Hurley, Denis)
December 23, 2009
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ORDER denying 326 Motion for Reconsideration : Defendants' motion for reconsideration of the Court's October 29, 2009 bench decision is denied. Ordered by Senior Judge Denis R. Hurley on 12/23/2009.
June 9, 2010
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are directed to close title to the property at a date, time and place mutually agreed upon by the parties but no later than thirty (30) days from the date hereof. Ordered by Senior Judge Denis R. Hurley on 6/9/2010.ORDER: Having considered all the arguments of the parties and the report of the court-appointed expert, the Court finds that the contractual provision requiring that Lots 5 and 6 shall be subject to a covenant that they shall be owned by a common owner of record is unambiguous and requires unity of ownership of the two lots. As there are no further issues precluding the closing of title in accordance with the Courts Orders and Judgment granting specific performance of the Contract, the parties
February 23, 2011
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REPORT AND RECOMMENDATIONS re 375 MOTION to Amend/Correct/Supplement 19 Complaint - Miscellaneous MOTION to Amend/Correct/Supplement 19 Complaint - Miscellaneous filed by Cynthia A. Petrello, Anthony G. Petrello. For the reasons set forth in the attached REPORT AND RECOMMENDATION, I respectfully recommend to Judge Hurley that Plaintiffs' motion to amend be GRANTED in part and DENIED in part. Any objections to this Report and Recommendation must be filed within fourteen (14) days. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/23/2011. (Spatola, Richard)
September 30, 2011
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ORDER ADOPTING REPORT AND RECOMMENDATION (docket no. 381), granting in part and denying in part plaintiffs' Motion to Amend/Correct/Supplement (docket no. 375). For the reasons set forth in the attached Order, the Report and Recommendation of Judge Tomlinson is adopted in its entirety. Ordered by Senior Judge Denis R. Hurley on 9/30/2011. (Malley, Sean)
July 10, 2012
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ORDER DENYING 392 Motion for Reconsideration, and ADOPTING 382 Report and Recommendation pertaining to plaintiffs' 287 application for attorney's fees. Plaintiffs shall file an amended pleading that conforms with the recommendations set forth in Judge Tomlinson's 382 Report and Recommendation within 21 days of the entry of this Order. See attached Order. Ordered by Judge Denis R. Hurley on 7/9/2012. (Malley, Sean)
March 8, 2018
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ht of first refusal on Lot 1 is denied. No judgment shall issue at the present time given that there remain other claims pending in this matter. See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 3/8/2018. (Gapinski, Michele)ORDER denying 430 Motion for Partial Summary Judgment; granting 436 Motion for Partial Summary Judgment; terminating 445 Motion for Hearing: Plaintiffs' motion for summary judgment on their claim for breach of their right of first refusal on Lot 1 is granted to the extent that they are entitled to Lot 1 for the fair market value of that lot as of November 29, 2000 (i.e., $1,375,000.00) and Defendants' motion for summary judgment dismissing the claim for breach of the rig