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Case Information
Filed
2021-10-08
Status
Open
Type
Miscellaneous|Mtb Try Title, G.l. Chapter 240, § 1 5
Docket
37 entries
Parties
Plaintiff
Rader, Holly N.
Defendant
Hingham Yacht Club
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 425807 Date: 10/08/2021
- Land Court surcharge Receipt: 425807 Date: 10/08/2021
- Land Court summons Receipt: 425807 Date: 10/08/2021
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent.
- Affidavit of Cynthia Chace, filed.
- Event Scheduled Judge: Rubin, Hon. Diane R Event: Case Management Conference Date: 12/06/2021 Time: 02:30 PM
- Summons returned to Court with service on Hingham Yacht Club filed. Served in hand to Jacob Braley, Manager, agent, person in charge at the time of service on October 18, 2021.
- Appearance of Thomas S Vangel, Esq. for Hingham Yacht Club, filed
- Answer and Counterclaim of Hingham Yacht Club filed
- Joint Case Management Conference Statement, filed.
- Appearance of Michael P Connolly, Esq. for Hingham Yacht Club, filed
- Reply to Counterclaim, filed.
- Event Resulted: Case Management Conference scheduled on: 12/06/2021 02:30 PM Has been: Case management conference and early intervention event held via videoconference. Attorney Michael Burke appeared on behalf of the plaintiff, with plaintiff's husband James Rader present, and Attorneys Michael Connolly and Thomas Vangel appeared on behalf of the defendant. Court is in receipt of the Parties' Joint Case Management Conference Statement. Court disclosed that Judge Rubin's Sessions Clerk, Jennifer Noonan, has some familiarity with the property at issue but that the court believes it can maintain impartiality; both parties indicated no objection to the Hon. Diane R. Rubin presiding over this case. By way of background on the case, Attorney Burke advised that plaintiff is claiming title by adverse possession to two areas of land owned of record by defendant (the "Possessed Area" shown in yellow and pink on the plan attached to Defendant's Counterclaim), and defendant is claiming title by adverse possession to an area of land owned of record by plaintiff (the "Storage Area" shown in orange on the plan attached to Defendant's Counterclaim). Following colloquy and by March 18, 2022, parties to endeavor to file with the court an agreed upon survey providing the metes and bounds of the disputed areas and identifying boundaries, fences, structures, and the like. Court then inquired into the possibility of Alternative Dispute Resolution ("ADR") to assist the parties to achieve a mutually agreeable resolution in order to avoid the delay, expense, and risk of potentially lengthy litigation. Counsel agreed to participate in a mediation screening. Court to issue a Mediation Screening Order. By March 31, 2022, parties to complete mediation screening. By April 6, 2022, parties to submit written joint report to the court as to outcome of the mediation screening, whether parties are willing to attend mediation, and if so, naming mediation provider, identity of neutral, and date of session. Based on the schedule proposed by the parties, court put the following discovery schedule in place: By October 7, 2022, expert designations and disclosures to be complete; by April 7, 2023, all discovery to close; and, by April 12, 2023, counsel to file a joint report confirming that discovery is complete, advising as to whether any party intends to file a dispositive motion (and the basis therefore), whether a pre-trial conference should be scheduled, prospects for settlement or further mediation, and advising of any other matters necessitating the court's attention. Status conference scheduled for April 19, 2023, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
- ADR referral to REBA Dispute Resolution, Inc. issued. Judge: Rubin, Hon. Diane R.
- Order Referring Case to Dispute Resolution Screening Session, issued. (Copies emailed to Attorneys Kevin Burke, Michael Connolly, and Thomas Vangel) Judge: Rubin, Hon. Diane R.
- ADR Report of REBA: Parties have a Mediation Screening on Tuesday, March 1, 2022.
- ADR Report of REBA: Parties had a Screening on March 1, 2022 but declined to Mediate this case.
- Joint Report to Court Regarding Mediation, filed.
- ADR Report of REBA: Parties Mediated with Judge Grossman (ret.) on May 10th but did not settle.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/29/2022 Time: 02:30 PM Counsel notified via email. Counsel will be filing a Joint Status Report by June 22, 2022.
- Joint Status Report, filed.
- Event Resulted: Status Conference scheduled on: 06/29/2022 02:30 PM Has been: Status conference held via videoconference. Attorney Kevin Burke appeared on behalf of the plaintiff, with plaintiff's husband James Rader present, and Attorney Michael Connolly appeared on behalf of the defendant. Court is in receipt of the parties' Joint Status Report. Counsel advised that the parties engaged in mediation but were unable to reach a settlement agreement, and now intend to proceed with litigation and begin discovery. Following colloquy, court revised the discovery schedule as follows: By March 20, 2023, expert designations and disclosures to be complete; by April 7, 2023, all discovery to close; and, by April 14, 2023, counsel to file a joint report confirming that discovery is complete, advising as to whether any party intends to file a dispositive motion (and the basis therefore), whether a pre-trial conference should be scheduled, prospects for settlement or further mediation, and advising of any other matters necessitating the court's attention. Counsel further advised that plaintiff and her husband, James Rader, filed a zoning appeal, pursuant to G.L. c. 40A, § 17, in Plymouth Superior Court, relating to defendant's property at 208 Downer Avenue, which property is also the subject of this litigation. Parties to consider how best to proceed in light of the related Superior Court Case, whether by requesting a stay of one matter, filing a Request for Interdepartmental Consolidation and Assignment under Trial Court Rule XII, proceeding in parallel, or some other course of action. Status conference scheduled for April 19, 2023, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 04/19/2023 Time: 09:30 AM
- Request for Judicial Interdepartmental Consolidation and Assignment, filed.
- Opposition to Interdepartmental Transfer and Consolidation, filed.
- Letter from the Executive Office of the Trial Court denying the Request for Interdepartmental Judicial Assignment, filed.
- Appearance of Nathaniel H Amendola, Esq. for Holly N. Rader Trustee of 5 Merrill Realty Trust, filed
- Event Resulted: Status Conference scheduled on: 04/19/2023 09:30 AM Has been: Rescheduled to April 11, 2023 at 10:30 am, per order of the court. Hon. Diane R. Rubin, Presiding
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 04/11/2023 Time: 10:30 AM Counsel notified via email.
- Joint Status Report, filed.
- Event Resulted: Status Conference scheduled on: 04/11/2023 10:30 AM Has been: Rescheduled to May 31, 2023 at 11:30 am. Hon. Diane R. Rubin, Presiding
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/31/2023 Time: 11:30 AM Counsel notified via email.
- Event Resulted: Status Conference scheduled on: 05/31/2023 11:30 AM Has been: Status conference held via videoconference. Attorney Kevin Burke appeared on behalf of the plaintiff and Attorney Michael Connolly appeared on behalf of the defendant. Court is in receipt of the parties' Joint Status Report. Counsel jointly advised that the parties have reached a settlement agreement in principle, which would resolve both this matter and the related Superior Court Case No. 2283CV00003, and that they intend to file a stipulation of dismissal in this case. Following colloquy, status conference scheduled for July 25, 2023, at 3:00 P.M., to allow the parties an opportunity to finalize any settlement agreement. Hon. Diane R. Rubin, Presiding Counsel notified via email.
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