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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-24
Status Open
Type Miscellaneous|Ota Other
Docket 15 entries

Parties

Plaintiff Clark, Mark|Clark, Deborah
Defendant Linnane, Denis P.

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: 441278 Date: 05/24/2023
  4. Land Court surcharge Receipt: 441278 Date: 05/24/2023
  5. Land Court summons Receipt: 441278 Date: 05/24/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Affidavit of Plaintiffs, filed.
  8. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Mark Clark 125 Woburn Street, Medford, MA 02155 Plaintiff: Deborah Clark [email protected] Sent On: 06/01/2023 14:44:44
  9. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 07/07/2023 Time: 11:00 AM Plaintiffs notified via email and first class mail.
  10. Appearance of Ronald Neil Whitney, Esq. for Mark Clark, Deborah Clark, filed
  11. Appearance of Thomas M Looney, Esq., Amanda L Sabato, Esq. for Denis P. Linnane, filed
  12. Defendant's Motion to Dismiss or in the Alternative for a More Definite Statement, filed.
  13. Motion to Amend Complaint, filed.
  14. Event Resulted: Case Management Conference scheduled on: 07/07/2023 11:00 AM Has been: Case management conference held via videoconference. Attorney Ronald Whitney appeared on behalf of the plaintiffs, who were present, and Attorney Thomas Looney appeared on behalf of the defendant, who was present. Court is in receipt of Defendant's Motion to Dismiss or in the Alternative for a More Definite Statement and the Motion to Amend Complaint. By way of background, Attorney Whitney advised that plaintiffs seek title by adverse possession to a strip of land on defendant's property at 129 Woburn Street, Medford, which shares a side lot line with plaintiffs' property at 125 Woburn Street, Medford, and is bounded by a row of trees on defendant's property. Counsel further advised that the parties disagree as to whether plaintiffs' use of the disputed area was with permission from defendant's predecessor in title. Following colloquy, court ALLOWED the Motion to Amend Complaint, with the Amended Complaint to be docketed, and Attorney Looney confirmed that the Amended Complaint is sufficient to satisfy his need for a more definite statement, although a plan will need to be filed at a later date. Court then inquired as to prospects for settlement or mediation in order to reach a mutually agreeable resolution, and Attorney Looney advised that mediation may be more fruitful following initial discovery. Counsel welcome to begin discovery, with Plaintiffs to file a survey of the area in dispute by October 13, 2023, documenting the boundary line, any monuments, structures, paving, patio, fence, trees and the like. In addition, parties to file a joint status report by October 20, 2023. Status conference scheduled for November 2, 2023, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  15. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 11/02/2023 Time: 09:30 AM

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