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Court Case Record GARY SHEEHAN vs. CLEARVUE OPPORTUNITY XV LLC & others 2011-J-0334 UID(a58e)


GARY SHEEHAN vs. CLEARVUE OPPORTUNITY XV LLC & others Court Case Record

Court Case Number: 2011-J-0334


 
Case Number2011-J-0334
Case TitleGARY SHEEHAN vs. CLEARVUE OPPORTUNITY XV LLC & others
Case TypeCivil
StateMassachusetts, MA
CountyNorfolk
CourtNorfolk Superior Court
Court Address
Phone
Field Date08/01/2011
Close Date08/04/2011

Parties

CounselNameType
Jamie Ranney, EsquireGary SheehanPlaintiff/Petitioner
Richard C. Demerle, EsquireClearvue Opportunity XV LLCDefendant/Respondent
Richard C. Demerle, EsquireFCI Lender Services IncDefendant/Respondent
Richard C. Demerle, EsquireMichieznie & Sawin LLCDefendant/Respondent
Joseph P. Calandrelli, EsquireUS Bank National AssociationDefendant/Respondent
Joseph P. Calandrelli, EsquireLitton Loan Servicing LPDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
08/01/2011 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Gary Sheehan.
08/02/2011 #2 Copy of defendants' joint opposition to plaintiff's motion for preliminary injunction, received from Attorney Richard E. Bennett.
08/04/2011 #3 ORDER: The plaintiff seeks interlocutory relief pursuant to G.L. c. 231, § 118, first par., from a Superior Court order denying the plaintiff's request for a preliminary injunction that would enjoin the sale of the plaintiff's former property and prevent ClearVue Opportunity XV, LLC from evicting him from the premises. A motion for a preliminary injunction is addressed to the discretion of the motion judge, and a single justice typically will not interfere with that discretion absent an abuse of discretion or clear error of law. See Jet-Line Services, Inc. v. Bd. of Selectmen of Stoughton, 25 Mass. App. Ct. 645, 646 (1988). After reviewing the materials submitted and the opposition to the motion filed below, I see no error in the judge's determination that the plaintiff has not demonstrated a likelihood of success of the merits. The record contains significant documentary evidence that ClearVue was the mortgagee of record at the time of the foreclosure. The plaintiff has not shown that the motion judge applied an incorrect legal standard or otherwise abused her discretion. Consequently, the petition is hereby denied. (Rubin, J.). Notice/attest/Fishman, J. footnotes (1) FCI Lender Services, Inc.; Michienzie & Sawin, LLC; U.S. Bank National Association, as trustee of the Ace Securities Corp.; Home Equity Trust, Series 2001-NCA Asset Backed Pass-Through Certificates; and Lipton Loan Servicing, LP.