2 BURNSIDE STREET UNIT 3 EX-PARTE TEMPORARY RESTRAINING ORDER 9-16-2022 COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT
ESSEX, SS HOUSING COURT DEPARTMENT
NORTHEASTDIVISION-SALEM SESSION
D OCKET NO.:221177CV 000223
MAYA ROSARIO
MY MOTHER AND NEXT OF FRIEND
SARA CASEY
Plaintiff
V.
JAM 5 PROPERTIES LLC
Defendant
EX-PARTE TEMPORARY RESTRAINING ORDER
On September 15,2022, an ex-parte hearing occurred on the Plaintiff s request for.an
emergency restraining order to enjoin-the Defendant from modifying the unit and property the
Plaintiff previously occupied and permitting an inspection thereof. Attorney James Willis
appeared for the Plaintiff,and based on his arguments,pleadings, and supporting affidavit,I find
and rule as follows:
The Plaintiff,a minor; occupied the premises at 2 %2 Burnside Street,Unit 1R, Salem,
Massachusetts,with their mother until such time that high levels of lead were detected in the
Plaintiff_causing them to relocate to another unit located at the same property, 2 Burnside Street,
Rear 3, Salem. At.all relative times, the Defendant managed the property identified as 2
Burnside Street,2 1/z Burnside Street,and 58 Bridge Street,a.multifamily unit occupying the
corner of Bridge and Burnside Street, Salem, Massachusetts. Plaintiffs counsel demonstrates a
reasonable belief that the Defendant may modify the premises if given advance notice of these
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proceedings, causing a loss of evidence needed to support Plaintiffs claim for alleged lead
poisoning. Based on the above, I order the following:
ORDER
1. The Plaintiffs request for ex-parte injunctive relief is ALLOWED as follows:
a. The Court hereby enjoins the Defendant from modifying,altering, or removing
any aspect of the property located at the corner of Bridge and Burnside Street,
know as 2 Burnside Street,2 V2 Burnside Street,58 Bridge Street,(the premises)
until such time the Defendants by their agents, or contractors or the local health
board completes an inspection to detect for traces of lead at the premises, except
in the case of a dire emergency that may cause an immediate and significant risk
of harm to residents or property.
b. The Court hereby enjoins the Defendants from prohibiting, interfering, or denying
the Plaintiff,her agents, contractors, or anyone acting on her behalf, including
members of the local health board,from entering unit 1R of 2 %2 Burnside Street,
Unit 3 Rear.of 2 Burnside Street,and the common areas within the premises to
inspect and detect the premises for traces of lead.
c. Except in the case of an inspection by a member of the local health board,any
other inspection to detect the presence of lead must occur by a certified and
licensed lead inspector. If a private inspector conducts an inspection and
detection for lead,the inspector shall generate a report, which the Plaintiff shall
provide a copy thereof to the Defendant or their counsel.
d. Except in the case of an inspection by a member of the local health board,the
Plaintiff shall notify the Defendant in writing at least two hours before carrying
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out the inspection and detection. A copy of this order shall be attached to the
notice.
2. The Plaintiff shall cause a copy of this order to be served in-hand by a sheriff,constable,
or other authorized process server and then file the return of service-with the clerk.
3. The Plaintiff is responsible for payment of any fee associated with this order.
4. The Plaintiff shall enforce this order by filing a complaint for contempt. After ahearing,
if the Court determines that the Defendant did willfully violate this order,the Defendant
may be subject to a fine,penalty, sanction, or further orders.
5. This order shall expire ten(10) days following the date of this decision. The Defendant
may seek an extension of the order by filing a request for a preliminary injunction.
SO ORDERED
Is/Alex Mitchell-Munevar
Associate J tice
D ate:9 j(pY'
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