Master D. E. Short

The moving party defendants brought a motion to vacate a Certificate of Pending Litigation (CPL) that had been registered against a commercial property.

The CPL was originally granted ex parte to Olympia Trust Company, but was never registered.

Instead, a new entity, Bald Eagle Inc., which was never formally added as a plaintiff, obtained and registered a CPL.

Relying on a recent related decision confirming the validity of the underlying mortgage sale, and noting the procedural irregularities in obtaining the CPL, the Master granted the motion and ordered the CPL vacated forthwith.

The plaintiff brought a motion to proceed with examinations for discovery in the main action separately from the third party claim.

The main action involved allegations of negligence against environmental consultants for failing to identify contamination prior to the plaintiff's purchase of the property.

One defendant issued a third party claim against previous owners, causing significant delays in scheduling discoveries.

The court granted the motion, finding no overlap in liability issues between the main and third party claims, and held that the plaintiff should not be prejudiced by further delays caused by the third party proceedings.