JOHN BARRETT and EMILY HOARD vs. TOWN OF BRAINTREE, MARK BOGAN, 144 MPB NOMINEE TRUST, ROBERT KELLY

The plaintiffs John Barrett and Emily Hoard (Barrett and Hoard) filed their complaint (Complaint) on March 10, 2020. Defendants Mark Bogan, Trustee of the 144 MPB Nominee Trust (Bogan), and Robert Kelly filed an Answer on April 9, 2020. Defendants filed a Joint Motion for Summary Judgment (Summary Judgment Motion), Joint Request for Virtual/Videoconference Hearing on Defendants' Motion for Summary Judgment, a Memorandum in Support of Joint Motion for Summary Judgment, a Statement of Material Facts, and an Exhibit Appendix on May 18, 2020. Barrett and Hoard filed a Response to the Defendants' Joint Motion for Summary Judgment and a Response to Defendants' Memorandum in Support of Joint Motion for Summary Judgment on June 17, 2020. The Town of Braintree filed a Reply to Plaintiff's Response to Defendant's' Joint Motion for Summary Judgment on June 24, 2020. The Summary Judgment Motion was heard on June 29, 2020, and taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Summary Judgment Motion.

In accordance with the court's Memorandum and Order issued today, it is

ORDERED and ADJUDGED that the Complaint is DISMISSED without prejudice.

So Ordered.