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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-28
Status Open
Type Miscellaneous|Mtb Try Title, G.l. Chapter 240, § 1 5
Docket 29 entries

Parties

Plaintiff Downs, Christopher Y.|Downs, Christine E.|Downs, Kathryne A.|Harris, Catherine A.|Johnson, Craig|Chimento, John J.|Chimento, Alicia
Defendant Hannah, Jeffrey

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 438653 Date: 02/28/2023
  4. Land Court surcharge Receipt: 438653 Date: 02/28/2023
  5. Land Court summons Receipt: 438653 Date: 02/28/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Plaintiff's Motion for Appointment of Process Server, filed and ALLOWED. Email notice to: Attorney Heather Gamache and Attorney Michel L. Wigney.
  8. The case has been assigned to the A Track. Notice sent.
  9. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 04/11/2023 Time: 10:00 AM Email notice to: Attorney Heather Gamache and Attorney Michel L. Wigney.
  10. Summons returned to Court with service on Jeffrey Hannah Trustee of the Hannah Trust filed. 03/08/2023: Service in hand.
  11. Joint Case Management Memorandum, filed by email.
  12. Defendant's Answer to Plaintiffs' Complaint, filed.
  13. Event Resulted: Case Management Conference scheduled on: 04/11/2023 10:00 AM Has been: Held via video. Attorney Heather Gamache appeared for plaintiffs and Attorney James H. Quirk, Jr. appeared for defendant. After discussion about whether the interests of other landowners are affected by whomever is determined to own the fee to Beachway West, the issue in this litigation, the court directed Attorney Quirk to examine the issue and to file and serve a motion pursuant to Mass. R. Civ. P. 19 by May 11, 2023 if he determines that motion to be appropriate. If a Rule 19 motion is filed, Attorney Quirk should request a hearing date from Clerk Hayes at that time. The timing of any opposition thereto will be governed by Land Court Rule 5. The court set a discovery deadline, including all title work, for July 12, 2023 and scheduled a further Status Conference for July 13, 2023 at 9:00 a.m., to be held via videoconference, to report on the status of discovery. Email notice to: Attorney Heather Gamache and Attorney James H. Quirk, Jr. Hon. Jennifer S.D. Roberts, Presiding
  14. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Heather Gamache, Esq. [email protected] Plaintiff: Michel L Wigney, Esq. [email protected] Defendant: James Henry Quirk, Jr., Esq. [email protected]
  15. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 07/13/2023 Time: 09:00 AM Email notice to: Attorney Heather Gamache; Attorney Michael L. Wigney; and Attorney James H. Quirk, Jr.
  16. Letter from Attorney Quirk requesting: an extension for filing Defendant's Rule 19 Motion from May 11, 2023, up to and including June 11, 2023, filed by email.
  17. Attorney Quirk's request for an extension of time for filing Defendant's Rule 19 Motion from May 11, 2023, up to and including June 11, 2023, ALLOWED. Email notice to: Attorney Heather Gamache; Attorney Michael L. Wigney; and Attorney James H. Quirk, Jr. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Heather Gamache, Esq. [email protected] Plaintiff: Michel L Wigney, Esq. [email protected] Defendant: James Henry Quirk, Jr., Esq. [email protected]
  18. Event Resulted: Status Conference scheduled on: 07/13/2023 09:00 AM Has been: Held via video. Attorney Heather Gamache appeared for plaintiffs and Attorney James H. Quirk, Jr. appeared for defendant. In response to the court's inquiry, Attorney Gamache reported that discovery is complete and the plaintiffs are ready to proceed to summary judgment. Attorney Quick stated that he is still waiting for title examination work to be finished, which he expects by the end of August, and that he wants to bring in the homeowner's association as a party. After discussion, the court set a firm deadline of July 27, 2023 for Attorney Quick to file a motion aimed at joining any necessary parties. The court scheduled a further Status Conference for September 8, 2023 at 9:00 a.m., to be held via videoconference. Email notice to: Attorney Heather Gamache and Attorney James H. Quirk, Jr. Hon. Jennifer S.D. Roberts, Presiding
  19. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Heather Gamache, Esq. [email protected] Plaintiff: Michel L Wigney, Esq. [email protected] Defendant: James Henry Quirk, Jr., Esq. [email protected]
  20. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: (1) Defendant Jeffrey Hannah's) Rule 19 Motion to Joinder of the Sandwich Downs Association Incorporated and (2) Status Conference VIA ZOOM Date: 09/08/2023 Time: 09:00 AM Email notice to: Attorney Heather Gamache; Attorney Michel L. Wigney; and Attorney James H. Quirk, Jr.
  21. (Defendant Jeffrey Hannah's) Rule 19 Motion to Joinder of the Sandwich Downs Association Incorporated, filed.
  22. Plaintiffs' Opposition to Defendant's Rule 19 Motion for Joinder of the Sandwich Downs Association Incorporated, filed.
  23. Event Resulted: Hearing on Rule 19 Motion To Joinder [sic] Of The Sandwich Downs Association Incorporated (the "Motion") and Status Conference scheduled on: 09/08/2023 09:00 AM Has been: Held via video. Attorney Heather Gamache appeared for plaintiffs, Attorney James H. Quirk, Jr. appeared for defendant, and Attorneys Lon F. Povich and Sean Grammel appeared for interested party, Sandwich Downs Association Incorporated (the "Association"). After discussion regarding whether the parties agree on the physical dimensions of the way at issue ("the Way") (it is shown on a 1926 plan as being 40 or 53 feet wide and described in plaintiffs' opposition to the Motion as being something less than that) and Attorney Gamache's representation that her clients are not challenging the rights of the easement holders over the Way, only the claimed fee ownership in it by the defendant, the Motion is HELD IN ABEYANCE. The court requested that the parties and the Association determine whether there is agreement as to the dimensions of the Way and, if not, who is/are the proper parties to represent the interests of the easement holders in this action. The court scheduled a further Status Conference for September 22, 2023 at 11:00 a.m., to be held via videoconference. Email notice to: Attorney Heather Gamache; Attorney James H. Quirk, Jr.; Attorney Lon F. Povich; and Attorney Sean Grammel. Hon. Jennifer S.D. Roberts, Presiding
  24. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Heather Gamache, Esq. [email protected] Plaintiff: Michel L Wigney, Esq. [email protected] Defendant: James Henry Quirk, Jr., Esq. [email protected] Interested Party: Lon F Povich, Esq. [email protected] Interested Party: Sean Grammel, Esq. [email protected]
  25. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 09/22/2023 Time: 11:00 AM Email notice to: Attorney Heather Gamache; Attorney Michel L. Wigney; Attorney James H. Quirk, Jr.; Attorney Sean Grammel; and Attorney Lon F. Povich.
  26. (Plaintiffs') Stipulation (re Dimensions of Beachway West), filed.
  27. Event Resulted: Status Conference scheduled on: 09/22/2023 11:00 AM Has been: Held via video. Attorney Heather Gamache appeared for plaintiffs, Attorney James H. Quirk, Jr. appeared for defendant, and Attorneys Lon F. Povich and Sean Grammel appeared for interested party Sandwich Downs Association Incorporated (the "Association"). Attorney Gamache reported that the plaintiffs have stipulated to the size of the easement as reflected on the 1926 plan and that their claims in this proceeding are limited to a determination as to who owns the fee in that way, labelled "Beachway West" thereon. Attorney Quirk and Attorney Povich continue to express concern about potential impacts of this litigation on the easement rights of the backlot owners as shown on the 1926 plan over Beachway West. Attorney Quirk agreeing that the only parties with claims to ownership of the fee in Beachway West are the original developers and the abutters thereto (the plaintiffs herein), and the plaintiffs now having stipulated to the boundaries of the easement, the court concluded that the backlot owners are not necessary parties to this proceeding. The Association and/or some or all of the backlot owners may choose to file their own suit seeking a declaration as to the scope of their rights over Beachway West and may choose to request that it be consolidated with this case. Once that decision is made, the court will set a schedule in this matter accordingly. Counsel are to report to the court by October 13, 2023 with a proposed schedule for proceeding. Email notice to: Attorney Heather Gamache; Attorney James H. Quirk, Jr.; Attorney Lon F. Povich; and Attorney Sean Grammel. Hon. Jennifer S.D. Roberts, Presiding
  28. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Heather Gamache, Esq. [email protected] Plaintiff: Michel L Wigney, Esq. [email protected] Defendant: James Henry Quirk, Jr., Esq. [email protected] Interested Party: Lon F Povich, Esq. [email protected] Interested Party: Sean Grammel, Esq. [email protected]
  29. Joint Report Regarding The Proposed Schedule, filed. (Proposed Schedule: (1) Designation of expert witnesses and disclosure of their expected testimony on or before 11/10.2023; (2) Filing of summary judgment motions on or before 12/11/2023; (3) Filing of reply briefs to said oppositions on or before 12/22/2023; and (4) Hearing on summary judgment motion on January 12, 2024).

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