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Volume I
Pages: 1-18
Exhibits: 0

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS. LAND COURT DEPARTMENT

OF THE TRIAL COURT
*******************************
MARK A. LARACE, ET AL *
Plaintiff *
v. * DOCKET NUMBER 18MISC000327
*
WELLS FARGO BANK, N.A., ET AL *
Defendant *
*******************************
HEARING
BEFORE THE HONORABLE HOWARD P. SPEICHER

APPEARANCES:
For the Plaintiff:
Morrison Mahoney LLP
250 Summer Street
Boston, Massachusetts 02210
By: Alan E. Brown, Esq.

Law office of Glenn F. Russell, Jr.

38 Rock Street
Fall River, Massachusetts 02720
By: Glenn F. Russell, Esq.

For the Defendant:

Hinshaw & Culbertson LLP
53 State Street
Boston, Massachusetts 02109
By: Hale Y. Lake, Esq.

Boston, Massachusetts
June 14, 2019

Recording produced by digital audio recording system. Transcript

produced by Approved Court Transcriber, Donna Holmes Dominguez
 Page | 2

I N D E X

WITNESS DIRECT CROSS REDIRECT RECROSS

None - Hearing
 Page | 3

1 P R O C E E D I N G S

2 (Court called to order.)

3 THE CLERK: 18 Miscellaneous 327, LaRace v. Wells Fargo

4 Bank.

5 Good morning, everyone.

6 MR. RUSSELL: Good morning.

7 MS. LAKE: Good morning.

8 THE COURT: All right. Counsel, please identify

9 themselves for the record.

10 MR. BROWN: Good morning, Your Honor. Alan Brown,

11 attorney for the respondent, Attorney Glenn Russell, and Mr.

12 Russell is with me here today.

13 THE COURT: Good morning to both of you.

14 MS. LAKE: Good morning, Your Honor. Hale Lake on behalf

15 of the defendants.

16 THE COURT: Good morning, Ms. Lake.

17 All right. Well, this -- this is here at my instigation.

18 Mr. Brown, I -- I’ve read your response to the order to show

19 cause.

20 And thank you for pointing out that the Superior Court

21 complaint was -- I don’t know if I’d want to call it

22 disclosed, but it was buried, at least, in the -- in the

23 pleadings. I -- I don't know if I’d call being the third or

24 fourth document in Exhibit W and referred to kind of in

25 paragraph 85 of a 200 paragraph complaint, if I’d call that

 Page | 4

1 disclosure. It certainly wasn’t discussed or verbally pointed

2 out in any way at the hearing.

3 But the main problem, Mr. Brown, is not whether it was

4 discussed or disclosed at the case management conference. The

5 main problem is that even if it had been forthrightly brought

6 up, it’s -- it’s the same claim.

7 Now, you -- you seem to state that you think otherwise,

8 and I -- and I -- I read it again this morning. I read both

9 of them again this morning, and I don’t know that I agree with

10 you. So why don’t you address that.

11 MR. BROWN: Yes, Your Honor.

12 THE COURT: Because what I see, Mr. Brown, is -- is two

13 of three counts in a 2014 complaint that were completely and

14 fully litigated and adjudicated to the Appeals Court.

15 MR. BROWN: So, Your Honor, starting first with the 93A

16 count, if I may, there are multiple paragraphs within this

17 section. It begins on page 22 of the complaint.

18 THE COURT: All right. Hold on.

19 MR. BROWN: That detail --

20 THE COURT: Which -- which complaint are you talking

21 about now?

22 MR. BROWN: This is plaintiff’s verified complaint in

23 this action.

24 THE COURT: In this action.

25 MR. BROWN: So beginning on page 22, with paragraph 215,

 Page | 5

1 and continuing on, and I’ll go through them --

2 THE COURT: Wait.

3 MR. BROWN: -- one by one --

4 THE COURT: Hold on.

5 MR. BROWN: -- the ones --

6 THE COURT: Hold on.

7 MR. BROWN: -- that I’ve identified --

8 THE COURT: Page --

9 MR. BROWN: There is --

10 THE COURT: -- 22?

11 MR. BROWN: Yes. Page 22, Your Honor. Paragraph 215.

12 There is specific conduct identified that could not have

13 been litigated in any of these prior actions.

14 So, Your Honor, if you note the last phrase of paragraph

15 215, as well as the current purported 2018 --

16 THE COURT: All right.

17 MR. BROWN: -- published --

18 THE COURT: So -- so let’s take that one for example.

19 That’s one of the ones I noted myself this morning.

20 So what Mr. Russell did is he added that last clause.

21 Other than that last clause, this paragraph is verbatim the

22 same as what was in the 2014 complaint.

23 And up until that last clause, it’s making a claim about

24 the 2007 foreclosure, and then it says well we’re also -- as

25 well, we’re making a claim as well with respect to what

 Page | 6

1 happened in 2018.

2 So it’s not we’re making a claim about 2018 instead of

3 what happened in 2007. We’re making a claim about both. He

4 added a claim, but he’s still repeating the first claim.

5 Do you disagree about that?

6 MR. BROWN: Your Honor, what I think paragraph 215 is

7 trying to express, and Your Honor, in -- in light of what’s

8 occurred, there is no question that this complaint could have

9 been more artfully drafted. There’s no question about that.

10 THE COURT: Well, and -- and Mr. Russell, I -- I had

11 never really discussed this with you, but, you know, your

12 complaints are generally the opposite of -- of a short and

13 plain statement of the facts, you -- you’ll have to agree with

14 that. They’re always couple of hundred paragraphs, they’re

15 full of allegations of -- of law as well as fact, which don’t

16 really belong in a complaint, just as a matter of drafting.

17 MR. BROWN: And - and certainly, Your Honor, if -- if we

18 were here today discussing a standard under Rule 11 that

19 concerned artfulness, I would be falling on my sword and

20 conceding to you, as I just did, that this complaint could

21 have been more artfully drafted.

22 However, where the standard here is, is the -- is what

23 has been signed by the lawyer utterly meritless and advanced

24 in bad faith, what I would say in response to your specific

25 question, Your Honor, is that paragraph 215 is alleging a

 Page | 7

1 course of conduct, part of which was alleged in the prior

2 litigation.

3 THE COURT: And was adjudicated to be not compensable

4 because it was beyond the statutory --

5 MR. BROWN: That is --

6 THE COURT: -- statute of --

7 MR. BROWN: -- my understanding --

8 THE COURT: -- limitations.

9 MR. BROWN: -- of the Court’s decision.

10 Yes, Your Honor.

11 THE COURT: And -- and he’s making the same allegation

12 again --

13 MR. BROWN: Well --

14 THE COURT: -- and adding an allegation.

15 MR. BROWN: I think it is fair though, Your Honor, in

16 describing the current conduct to explain to the Court that

17 this is part of a larger course of conduct.

18 Now, whether Your Honor ultimately rules that part of

19 what is contained in this paragraph is not compensable for

20 some reason --

21 THE COURT: What --

22 MR. BROWN: -- due to the prior ruling, I believe that’s

23 a different question.

24 But I -- I think it is fair for Attorney Russell to

25 outline how this fits in to the larger picture, and -- and

 Page | 8

1 he’s done that throughout the -- the complaint.

2 THE COURT: Well, let me -- let me point out a couple of

3 other paragraphs to you which I think are pretty stark; okay?

4 So why don’t you turn to paragraph 232.

5 On page 25.

6 So that paragraph is entirely verbatim taken out of the

7 earlier complaint, and it makes specific allegations only with

8 respect to matters that arose before the 2014 complaint was

9 filed. It doesn't make any new allegations about a course of

10 conduct. It purports to be making allegations with respect to

11 the clients having to leave the premises in 2007, until they,

12 upon their own volition or initiative, went back to the

13 property in 2010.

14 Now, that is -- that specifically -- that little -- that

15 paragraph, that allegation was ruled by the Appeals Court to

16 be beyond the statute of limitations.

17 MR. BROWN: I -- I cannot disagree with you, Your Honor.

18 THE COURT: All right. Now, let’s look at another one.

19 Paragraph 237.

20 “Plaintiffs further relied upon defendant’s deceptive

21 assertions in their detriment -- to their detriment where

22 plaintiffs were thereafter unnecessarily forced to lure -- to

23 hire -- I'm sorry -- present counsel to defend the plaintiffs’

24 rights in defendant’s 2008 wrongful action to quiet title to

25 the premises in the Land Court.”

 Page | 9

1 That, again, is verbatim right out of the earlier

2 complaint, and it does not make any allegations with respect

3 to the 2018 foreclosure.

4 So how can you file the same case twice?

5 MR. BROWN: Your Honor, these paragraphs are contained in

6 a count that alleges current conduct, and as part of a

7 complaint that expressly discloses the prior litigation in the

8 first three paragraphs of the facts, over the course of

9 multiple paragraphs, attempts to distinguish the prior --

10 THE COURT: All right. Let’s -- let’s -- let’s consider

11 it disclosed; all right?

12 So you come into Court, you say I have this case that I

13 filed four or five years ago, I litigated it, I lost, I went

14 to the Appeals Court, they affirmed the dismissal of the case,

15 and, Your Honor, I think I'm entitled to file it again.

16 Are you, just because you disclosed it?

17 MR. BROWN: Your Honor, again as --

18 THE COURT: You’re not.

19 MR. BROWN: As part of it -- I agree with you.

20 As part of a count, however, alleging more recent conduct

21 that everyone would acknowledge could not have been part of

22 the prior complaint, I believe that Attorney Russell is able

23 to provide allegations of other violations whether or not they

24 are ultimately compensable.

25 Your Honor, it could go to many things in this case. It

 P a g e | 10

1 could go to whether the -- the defendant’s conduct is

2 intentional. So if, as part of my explanation as to why 93A

3 has been violated, I begin to point out things that have

4 occurred in the past, let’s say I begin the count by saying,

5 well, you know, of events that happened 25 years ago, clearly

6 those events wouldn't be compensable, those would obviously be

7 beyond the statute of limitations.

8 However, I think as part of this count, in which I am

9 alleging current conduct and a violation based on current

10 conduct, I'm allowed to bring the Court through the complaint

11 through the history of what’s occurred, showing that this is

12 not an isolated incident, this is part of this larger course

13 of conduct.

14 THE COURT: You’ll agree that Mr. Russell didn't make

15 that very clear if he’s making that distinction?

16 MR. BROWN: As -- as I mentioned before, Your Honor, and

17 I freely acknowledge, this complaint could have been more

18 artfully drafted, and I agree with you that this complaint is

19 long and when I first received it and read it, it is -- it is

20 verbose and at times difficult to follow.

21 However, again, the standard here today is not whether

22 the complaint is easy to follow. It’s whether there has been

23 intentional misconduct on the part of Mr. Russell. And I

24 think in a situation where current allegations of violation of

25 93A are made in multiple paragraphs, not simply one, Your

 P a g e | 11

1 Honor, but multiple paragraphs.

2 If we turn back to the 93A count, paragraph 215 alleges

3 current violations of 93A.

4 THE COURT: In addition --

5 MR. BROWN: Paragraph --

6 THE COURT: In addition to the past that --

7 MR. BROWN: There -- there is no question that this

8 count, Your Honor --

9 THE COURT: It -- it makes no distinction be -- in the

10 request for relief.

11 MR. BROWN: Again, Your Honor, there is no question that

12 there is a lot of history provided in this complaint and in

13 this count specifically, but if we look at paragraphs 215,

14 218, 221, 225, this isn't an isolated passing reference to

15 current violations of 93A. There are multiple allegations of

16 violations of 93A that would fall arguably within the statute

17 of limitations and -- and could be compensable as a result

18 depending upon your Honor’s ruling.

19 THE COURT: Do you think, Mr. Brown, that there can be

20 hypothetically, you -- you can bring a 93A case for events

21 that happened before a particular date, you go to Court and

22 you lose, and then there’s another event between the same

23 parties and they can rope in all the earlier ones that they

24 lost on?

25 MR. BROWN: Well, Your Honor, the -- my understanding,

 P a g e | 12

1 again is that the prior violations of 93A were dismissed on

2 statute of limitations grounds and that there was no

3 determination by the Court one way or the other whether a

4 violation of 93A itself had occurred or not.

5 THE COURT: And you don’t think it’s an adjudication on

6 the merits?

7 MR. BROWN: Your Honor, as we point out, we’re not aware

8 of a case in Massachusetts, and I believe we point this out in

9 our footnote, --

10 THE COURT: It was not a dismissal without prejudice.

11 MR. BROWN: Yes, I -- I -- I agree with you, Your Honor.

12 We -- we are not aware of a Massachusetts case that

13 considers this sort of decision to be a decision on the

14 merits.

15 THE COURT: Well, if you’ve ruled that the case can't be

16 brought because it’s too late, that can't change as more time

17 goes by.

18 MR. BROWN: It -- and, Your Honor, again, what I

19 understand your question to Attorney Russell to be through the

20 order to show cause, is are you intentionally advancing

21 meritless claims in -- in bad faith, and I -- my analysis of

22 this, Your Honor, is that in the context of disclosing the

23 prior litigation, distinguishing the prior litigation,

24 attaching the prior complaint, making allegations of current

25 violations of 93A, in addition to what Your Honor is saying, I

 P a g e | 13

1 don’t dispute that, Your Honor.

2 There are -- there are facts in here that clearly relate

3 to actions that the Court previously determined to be barred,

4 claims to be barred by the statute of limitations. There --

5 there can be no other interpretation of that.

6 So I -- I -- I have to concede that point, Your Honor.

7 But in the context of a count that through multiple

8 paragraphs alleges current violations of 93A, provides the

9 history, Your Honor, there is nothing that prevents you in

10 deciding whether or not there is a 93A violation, there is

11 nothing that prohibits you from considering earlier conduct as

12 it goes to whether or not the defendant’s actions were

13 intentional or not. You are allowed to consider that under

14 93A.

15 Even if those claims aren't compensable, you’re allowed

16 to consider the whole history of the litigation.

17 We’re not suggesting that everything that happened in the

18 past should be relitigated. But you’re entitled to consider

19 it.

20 THE COURT: I'm not sure you’re correct about that, for

21 one thing. I -- I'm not sure that I could consider, as part

22 of a 93A claim, parts of the claim -- in fact, I couldn't

23 consider parts of the claim that have been determined to be

24 not compensable by the Appeals Court.

25 MR. BROWN: The prior claims, I would agree with you,

 P a g e | 14

1 Your Honor. The conduct underlying the claims I believe you

2 are entitled to consider. That conduct has not gone away in

3 light of the prior Court’s ruling.

4 THE COURT: All right.

5 MR. BROWN: That conduct is what it is, and I believe

6 you’re entitled to consider it in weighing the current claims,

7 the current allegations of violations under 93A.

8 THE COURT: All right.

9 Ms. Lake, do you have anything to add to any of this?

10 MS. LAKE: No, though I will point out that part of the

11 respondent’s response to your order to show cause mentions

12 that Attorney Fabella represented Wells Fargo in the prior

13 action and this action.

14 As Your Honor knows, Attorney Fabella is no longer with

15 our law firm, but that his knowledge of what happened in that

16 other lawsuit has nothing to do with --

17 THE COURT: So when you came to the hearing, the case

18 management conference, were you aware that this was the

19 subject of previous action?

20 MS. LAKE: I was not involved. It was Attorney Fabella

21 who I believe appeared at that case management conference, and

22 I do understand that he was the one who had represented Wells

23 Fargo and Auckland through the U.S. District Court and -- no,

24 through the Appeals Court at that time, I mean so he knew

25 about the litigations. But it was just by chance that that

 P a g e | 15

1 got assigned to our law firm. If it was another law firm, I

2 don’t know that they would have had that same knowledge if it

3 had got sent to another -- another law firm that represents my

4 clients.

5 THE COURT: Okay.

6 MR. BROWN: Your Honor, I don’t -- I would only add in

7 apart from it having been attached to the complaint itself --

8 THE COURT: No, I understand, but I frankly didn't see it

9 there. You know, I didn't go through every document and every

10 exhibit, and -- and even, you know, the exhibits are kind of

11 confusing because Exhibit W for instance has three or four

12 different documents within it, and you have to really dig to

13 find it.

14 MR. BROWN: Your Honor, I -- I certainly don’t want to

15 belabor the point.

16 If I may just add that beginning on page three, in

17 paragraphs 19 and then 22 through 26, Attorney Russell again

18 it -- as part of a lengthy complaint, no question about it,

19 but he does attempt to distinguish what has occurred in the

20 prior litigation from what is occurring in this present case.

21 And then, Your Honor, if you turn to page nine of the

22 verified complaint, paragraph 85, Attorney Russell again

23 circles back to the Superior Court complaint, again reference

24 -- references it as -- as an exhibit, he references the filing

25 date of the litigation, he references the -- the conduct that

 P a g e | 16

1 was the subject of that litigation, and then in paragraphs 88

2 through 107, over the course of the next 23 paragraphs, Your

3 Honor, he details the procedural history of the Superior Court

4 litigation.

5 So, Your Honor, I -- I appreciate that this complaint was

6 attached as part of a lengthy exhibit; however, I -- I would

7 want you to be aware that there are at least on these pages 23

8 paragraphs in the complaint describing the procedural history

9 of that litigation.

10 THE COURT: All right. Well, whatever decision I make

11 won't be based on the failure to disclose that I referenced in

12 the order; all right?

13 But I -- I got to tell you, I'm still pretty concerned

14 about the attempt to re-litigate an issue that’s already been

15 litigated to completion.

16 All right.

17 Unless there’s anything else, Mr. Brown?

18 MR. BROWN: No, Your Honor.

19 THE COURT: All right. I will take this matter under

20 advisement.

21 And I do want to add that I don’t take any pleasure in

22 having had to point this out.

23 Mr. Russell, I -- I think you’re a -- you know, a well-

24 intentioned attorney, but you -- you -- you fly very close to

25 the edge very often, and -- and I'm just concerned that in
 P a g e | 17

1 this case you’ve gone a little too far.

2 So I’ll take another close look at it, and I will issue a

3 decision in due course; okay?

4 MR. BROWN: Thank you, Your Honor.

5 THE COURT: Thank you.

6 MS. LAKE: Thank you, Your Honor.

10

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24

25 (Adjourned)
 The Commonwealth of Massachusetts
OFFICE OF COURT MANAGEMENT, Transcription Services

AUDIO ASSESSMENT FORM

For court transcribers: Complete this assessment form for each volume of transcript
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TODAY’S DATE:_August 26, 2019 TRANSCRIBER NAME:_Donna H Dominguez

CASE NAME: LaRace et al v Wells Fargo et al CASE NUMBER: 18MISC000327

RECORDING DATE June 14 2019 TRANSCRIPT VOLUME:_ 1_ OF__1 __

(circle one) TYPE: CD TAPE QUALITY: EXCELLENT GOOD FAIR POOR

(circle all that apply) ISSUES (include time stamp):

background noise time stamp:___________________________

low audio

low audio at sidebar

simultaneous speech __________

speaking away of microphone __________________

other:_______________ time stamp:____________________________

____________________ _____________________________________

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____________________ _____________________________________

COMMENTS:_
 P a g e | 18

Certificate of Accuracy

I, Donna Holmes Dominguez, an Approved Court

Transcriber, do hereby certify that the foregoing is a true

and accurate transcript of the audio recording provided to me

by the Suffolk County Land Court regarding proceedings in the

above-entitled matter.

I, Donna Holmes Dominguez, further certify that the

foregoing is in compliance with the Administrative Office of

the Trial Court Directive on Transcript Format.

I, Donna Holmes Dominguez, further certify that I

neither am counsel for, related to, nor employed by any of the

parties to the action in which this hearing was taken, and

further that I am not financially nor otherwise interested in

the outcome of the action.

Donna H. Digitally signed by
Donna H. Dominguez

Dominguez 11:41:23 -04'00'

Date: 2019.08.27
________________________________________
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Notary Public, Commission Expires 5-17-24

August 27, 2019 _______________

Date

(781) 575-8000___________________

donna@dhreporting.com
DH Reporting Services, Inc. (781) 575-8000
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8 14:6,7 11 fully [1] 4:14 issue [2] 16:14 17:2
easy [1] 10:22 further [1] 8:20 it’s [7] 4:6,6 5:23 6:2 10:22
D edge [1] 16:25 12:5,16
date [2] 11:21 15:25 entirely [1] 8:6 G itself [2] 12:4 15:7
deceptive [1] 8:20 entitled [4] 9:15 13:18 14: generally [1] 6:12
deciding 13:10[1] 2,6 glenn [1] 3:11 K
decision [5] 7:9 12:13,13 even [3] 4:5 13:15 15:10 got [3] 15:1,3 16:13 kind [2] 3:24 15:10
16:10 17:3 event [1] 11:22 grounds [1] 12:2 knowledge [2] 14:15 15:2
defend 8:23
[1] events 10:5,6 11:20
[3] knows [1] 14:14
defendant’s [4] 8:20,24 everyone [2] 3:5 9:21
H
10:1 13:12 everything [1] 13:17 hale [1] 3:14 L
defendants [1] 3:15 example [1] 5:18 happened [6] 6:1,3 10:5 lake [8] 3:7,14,14,16 14:9,
depending [1] 11:18 exhibit [5] 3:24 15:10,11, 11:21 13:17 14:15 10,20 17:6
describing [2] 7:16 16:8 24 16:6 he’s [4] 6:4 7:11 8:1 10:15 land [1] 8:25
detail [1] 4:19 exhibits [1] 15:10 hearing [2] 4:2 14:17 larace [1] 3:3
details [1] 16:3 explain [1] 7:16 hire 8:23
[1] larger [3] 7:17,25 10:12
determination [1] 12:3 explanation [1] 10:2 history [6] 10:11 11:12 13: last [4] 5:14,20,21,23
determined [2] 13:3,23 express [1] 6:7 9,16 16:3,8 late [1] 12:16
detriment [2] 8:21,21 expressly [1] 9:7 hold [3] 4:18 5:4,6 law [5] 6:15 14:15 15:1,1,3
different [2] 7:23 15:12 honor [41] 3:10,14 4:11,15 lawsuit [1] 14:16
difficult [1] 10:20
F 5:11,14 6:6,7,17,25 7:10, lawyer [1] 6:23
dig [1] 15:12 fabella [3] 14:12,14,20 15,18 8:17 9:5,15,17,25 10: least [2] 3:22 16:7
disagree [2] 6:5 8:17 fact 6:15 13:22
[2] 16 11:1,8,11,25 12:7,11,18, leave [1] 8:11
disclose [1] 16:11 facts [3] 6:13 9:8 13:2 22,25 13:1,6,9 14:1,14 15: lengthy [2] 15:18 16:6
disclosed [4] 3:22 4:4 9: failure 16:11 [1] 6,14,21 16:3,5,18 17:4,6 let’s [6] 5:18 8:18 9:10,10,
11,16 fair [2] 7:15,24 honor’s [1] 11:18 10 10:4
discloses [1] 9:7 faith 6:24 12:21
[2] however [5] 6:22 9:20 10: light [2] 6:7 14:3
disclosing [1] 12:22 fall [1] 11:16 8,21 16:6 limitations [6] 7:8 8:16
disclosure [1] 4:1 falling [1] 6:19 hundred [1] 6:14 10:7 11:17 12:2 13:4
discussed [3] 4:1,4 6:11 far 17:1[1] hypothetically [1] 11:20 litigated [4] 4:14 5:13 9:13
fargo [3] 3:3 14:12,23 16:15
discussing [1] 6:18 I
dismissal [2] 9:14 12:10 file [2] 9:4,15 litigation [10] 7:2 9:7 12:
filed [2] 8:9 9:13 i’d [3] 3:21,23,25 23,23 13:16 15:20,25 16:1,
dismissed [1] 12:1
filing [1] 15:24 i’ll [2] 5:1 17:2 4,9
dispute [1] 13:1
i’ve [2] 3:18 5:7
distinction [2] 10:15 11:9 find [1] 15:13 litigations [1] 14:25
identified [2] 5:7,12
distinguish [2] 9:9 15:19 firm [4] 14:15 15:1,1,3 little [2] 8:14 17:1
identify [1] 3:8
distinguishing [1] 12:23 first [4] 4:15 6:4 9:8 10:19 long [1] 10:19
fits [1] 7:25 incident [1] 10:12 longer [1] 14:14
district [1] 14:23
five [1] 9:13 initiative [1] 8:12 look [3] 8:18 11:13 17:2
document [2] 3:24 15:9
fly [1] 16:24 instance [1] 15:11 lose [1] 11:22
documents [1] 15:12
instead [1] 6:2
don’t [11] 3:21 4:9,10 6:15 follow [2] 10:20,22 lost [2] 9:13 11:24
instigation [1] 3:17
8:4 12:5 13:1 15:2,6,14 16: footnote 12:9 lot [1] 11:12
[1]
forced [1] 8:22 intentional [3] 10:2,23 13: lure [1] 8:22
21
foreclosure [2] 5:24 9:3 13
done [1] 8:1
forthrightly [1] 4:5 intentionally [1] 12:20 M
drafted [3] 6:9,21 10:18
four [2] 9:13 15:11 intentioned 16:24 [1] made [1] 10:25
drafting [1] 6:16
fourth 3:24 [1] interpretation [1] 13:5 main [2] 4:3,5
due [2] 7:22 17:3
Sheet 2 court’s - main
DH Reporting Services, Inc. (781) 575-8000
management [3] 4:4 14: outline [1] 7:25 provided [1] 11:12 same [6] 4:6 5:22 7:11 9:4
18,21 over [2] 9:8 16:2 provides [1] 13:8 11:22 15:2
many [1] 9:25 own [1] 8:12 published [1] 5:17 saying [2] 10:4 12:25
massachusetts [2] 12:8, purported [1] 5:15 says [1] 5:24
12
P purports [1] 8:10 section [1] 4:17
matter [2] 6:16 16:19 page [7] 4:17,25 5:8,11 8:5 see [2] 4:12 15:8
matters 8:8 [1] 15:16,21 Q seem [1] 4:7
mean [1] 14:24 pages [1] 16:7 question [8] 6:8,9,25 7:23 sent [1] 15:3
mentioned [1] 10:16 paragraph [16] 3:25,25 4: 11:7,11 12:19 15:18 short [1] 6:12
mentions 14:11 [1] 25 5:11,14,21 6:6,25 7:19 quiet [1] 8:24
show [3] 3:18 12:20 14:11
8:4,6,15,19 11:2,5 15:22
meritless [2] 6:23 12:21
paragraphs [14] 4:16 6:
R showing [1] 10:11
merits 12:6,14
[2] signed [1] 6:23
14 8:3 9:5,8,9 10:25 11:1, read [4] 3:18 4:8,8 10:19
miscellaneous [1] 3:3 simply [1] 10:25
13 13:8 15:17 16:1,2,8 really [3] 6:11,16 15:12
misconduct 10:23 [1] situation [1] 10:24
part [15] 7:1,17,18 9:6,19, reason [1] 7:20
morning [10] 3:5,6,7,10,13, sorry [1] 8:23
20,21 10:2,8,12,23 13:21 received [1] 10:19
14,16 4:8,9 5:19 sort [1] 12:13
14:10 15:18 16:6 recent [1] 9:20
ms 3:7,14,16 14:9,10,20
[7] specific [3] 5:12 6:24 8:7
particular [1] 11:21 record [1] 3:9
17:6 specifically [2] 8:14 11:
parties [1] 11:23 reference [2] 11:14 15:23
multiple 4:16 9:9 10:25
[6] 13
parts [2] 13:22,23 referenced [1] 16:11
11:1,15 13:7 standard [3] 6:18,22 10:
passing [1] 11:14 references [3] 15:24,24,
myself 5:19 [1] 21
past [3] 10:4 11:6 13:18 25
stark [1] 8:3
N phrase [1] 5:14 referred [1] 3:24
starting [1] 4:15
never [1] 6:11 picture [1] 7:25 relate [1] 13:2
state [2] 1:53 4:7
new [1] 8:9 plain [1] 6:13 relied [1] 8:20
statement [1] 6:13
next [1] 16:2 plaintiff’s [1] 4:22 relief [1] 11:10
statute [6] 7:6 8:16 10:7
nine [1] 15:21 plaintiffs [1] 8:22 re-litigate [1] 16:14
11:16 12:2 13:4
note [1] 5:14 plaintiffs’ [1] 8:23 relitigated [1] 13:18
statutory [1] 7:4
noted [1] 5:19 pleadings [1] 3:23 repeating [1] 6:4
still 6:4 16:13
[2]
nothing [3] 13:9,11 14:16 please [1] 3:8 represented [2] 14:12,22
street [2] 1:38,53
pleasure [1] 16:21 represents [1] 15:3
O point [8] 8:2 10:3 12:7,8 request [1] 11:10
subject [2] 14:19 16:1
suggesting [1] 13:17
obviously [1] 10:6 13:6 14:10 15:15 16:22 respect [4] 5:25 8:8,10 9:2
superior [3] 3:20 15:23 16:
occurred [5] 6:8 10:4,11 pointed [1] 4:1 respondent [1] 3:11
3
12:4 15:19 pointing [1] 3:20 respondent’s [1] 14:11
sword [1] 6:19
occurring [1] 15:20 prejudice [1] 12:10 response [3] 3:18 6:24 14:
often [1] 16:25 premises [2] 8:11,25 11 T
okay 8:3 15:5 17:3
[3]
present [2] 8:23 15:20 result 11:17
[1]
that’s [3] 5:19 7:22 16:14
one [9] 5:3,3,18,19 8:18 10: pretty [2] 8:3 16:13 rights [1] 8:24 themselves [1] 3:9
25 12:3 13:21 14:22 prevents 13:9 [1] rock [1] 1:38
there’s [3] 6:9 11:22 16:17
ones [3] 5:5,19 11:23 previous [1] 14:19 rope [1] 11:23 thereafter [1] 8:22
only [2] 8:7 15:6 previously [1] 13:3 rule [1] 6:18 they’re [2] 6:14,14
opposite [1] 6:12 prior [14] 5:13 7:1,22 9:7,9, ruled [2] 8:15 12:15
third [1] 3:23
order [5] 3:2,18 12:20 14: 22 12:1,23,23,24 13:25 14: rules [1] 7:18 though [2] 7:15 14:10
11 16:12 3,12 15:20 ruling [3] 7:22 11:18 14:3
three [4] 4:13 9:8 15:11,16
other [6] 5:21 8:3 9:23 12: problem [2] 4:3,5 russell [13] 3:6,11,12 5:20 throughout [1] 8:1
3 13:5 14:16 procedural [2] 16:3,8 6:10 7:24 9:22 10:14,23 12: title [1] 8:24
otherwise [1] 4:7 prohibits [1] 13:11 19 15:17,22 16:23 today [3] 3:12 6:18 10:21
out [10] 3:20 4:2 8:2,6 9:1
10:3 12:7,8 14:10 16:22
property [1] 8:13 S trying [1] 6:7
provide 9:23[1] turn [3] 8:4 11:2 15:21
Sheet 3 management - turn
DH Reporting Services, Inc. (781) 575-8000
twice [1] 9:4 you’ll [2] 6:13 10:14
two [1] 4:12 you’re [6] 9:18 13:15,18,
20 14:6 16:23
U you’ve [2] 12:15 17:1
u.s [1] 14:23
ultimately [2] 7:18 9:24
under [4] 6:18 13:13 14:7
16:19
underlying [1] 14:1
understand [3] 12:19 14:
22 15:8
understanding [2] 7:7
11:25
unless [1] 16:17
unnecessarily [1] 8:22
until [2] 5:23 8:11
up [2] 4:6 5:23
utterly [1] 6:23
V
verbally [1] 4:1
verbatim [3] 5:21 8:6 9:1
verbose [1] 10:20
verified [2] 4:22 15:22
violated [1] 10:3
violation [4] 10:9,24 12:4
13:10
violations [8] 9:23 11:3,
15,16 12:1,25 13:8 14:7
volition [1] 8:12
W
wait [1] 5:2
wasn’t [1] 4:1
way [2] 4:2 12:3
we’re [6] 5:24,25 6:2,3 12:
7 13:17
weighing [1] 14:6
wells [3] 3:3 14:12,22
what’s [2] 6:7 10:11
whatever [1] 16:10
whether [9] 4:3 7:18 9:23
10:1,21,22 12:3 13:10,12
whole [1] 13:16
will [3] 14:10 16:19 17:2
within [3] 4:16 11:16 15:12
without [1] 12:10
wrongful [1] 8:24
Y
years [2] 9:13 10:5
Sheet 4 twice - you’ve