Fitchburg Capital, LLC (Fitchburg) filed its Complaint in this action on May 21, 2012, naming as defendants Lee Bourque and Deutsche Bank National Trust Company, Trustee. On November 9, 2012, Lee Bourque filed his Answer, Counter Complaint, and Affidavit of Lee Bourque, and filed his Amended Counter Complaint on November 19, 2012 (Counterclaim). The Complaint was dismissed with prejudice by order of the court on April 21, 2015. On January 4, 2016, Fitchburg filed Plaintiff's Motion for Summary Judgment.
Plaintiff's Motion for Summary Judgment came on to be heard February 16, 2016 and March 1, 2016, and, after extended briefing, was taken under advisement on April 8, 2016. In a Memorandum and Order of even date, the court (Foster, J.) has allowed Plaintiff's Motion for Summary Judgment.
In accordance with the court's order dismissing the Complaint and its Memorandum and Order issued today, it is
ORDERED AND ADJUDGED that the Complaint is DISMISSED with prejudice. It is further
ORDERED AND ADJUDGED that the Counterclaim is DISMISSED with prejudice.
By the Court.