This case came on to be considered by the court (Piper, J.) on the motion by the defendant, LBM Financial, LLC, for dismissal based on Mass. R. Civ. P. 12(b)(9). In an Order of even date, the court (Piper, J.) has allowed the motion to dismiss. In accordance with the court's allowance of that motion, it is

ORDERED and ADJUDGED that this action is DISMISSED as to all parties and claims, without prejudice to plaintiff advancing the same legal argument, based on G.L. c. 260, § 33, in the Norfolk Superior Court.

By the Court. (Piper, J.)