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Case Information
Filed
2023-03-31
Status
Open
Type
Miscellaneous|Par Partition, G.l. Chapter 241
Docket
19 entries
Parties
Plaintiff
Rodriguez Colon, Jose A.
Defendant
Delacruz, Francisca A.
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 439676 Date: 03/31/2023
- Land Court surcharge Receipt: 439676 Date: 03/31/2023
- Land Court summons Receipt: 439676 Date: 03/31/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 04/03/2023 12:19:20
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 04/21/2023 Time: 10:00 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 04/03/2023 12:28:01
- Certificate of Service (of Case Management Conference Notice and Order), filed.
- Summons returned to Court with service on Francisca A. Delacruz filed. Service completed on April 11, 2023 by delivering a copy of the summons, complaint and notice of case management conference at the defendant's last and usual place of abode.
- Letter from Defendant Francisca Delacruz, filed.
- Event Resulted: Case Management Conference scheduled on: 04/21/2023 10:00 AM Has been: Rescheduled For the following reason: Request of Defendant(s) Hon. Gordon H. Piper, Presiding
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 04/21/2023 Time: 11:00 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 04/19/2023 10:01:07
- (Plaintiff's) Joint Case Management Conference Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 04/21/2023 11:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding April 21, 2023. Case management conference held via videoconference. Early intervention event held. Attorney Michael Feinman, Esq. appeared for plaintiff. Attorney Marcus Scott, Esq. appeared for defendant; he is at once to transmit an appearance form to the court. Foreign Language Interpreter Juliana Cardenas (Spanish and Portugese) also attended the hearing on ZOOM by arrangement with the Office of Language Access, and was sworn to interpret. Counsel confirmed that petitioner in this action seeks to partition the property at 57-59 Walnut Street in Lawrence, which is improved with a multi-family residential building. The respondent currently resides in one of the units in the dwelling on the property, and also rents out other space in the dwelling. The petitioner has not resided at the property since approximately January 2022. Counsel agreed that there is no dispute as to the state of title, and that the parties hold the property as equal joint tenants as a matter of record title. Counsel further indicated that they do not believe that the property can be divided physically without substantial hardship, and that instead there should be either a set-off by which one party buys out the interests of the others, or a private sale to a third party. Attorney Scott indicated that respondent Francisca Delacruz is interested in purchasing the interest of the petitioner in the property. Attorney Feinman indicated petitioner's position to be that the market value of the property is approximately $700,000 (no formal appraisal having been completed), while Attorney Scott indicated that, owing to some damage at the dwelling, respondent believes that its value is somewhat lower. Counsel reported that there was a mortgage on the property, securing a loan in the principal original sum of approximately $460,000, and that there are no additional liens or encumbrances on the property. Counsel further indicated that all taxes and mortgage payments on the property are current, and the property is insured. Court explained that co-owners of property in the Commonwealth have an absolute right to partition per G. L. c. 241, and that, should it prove infeasible to physically divide the property, the only possible outcomes in this particular case will be either (1) sale to a third party followed by distribution of the proceeds to the parties in accordance with their ownership shares, as equitably adjusted, if indicated, or (2) an agreement among the parties in which petitioner or one (or more) of the respondents purchases the other's interest in the property, and thereby becomes sole owner. Either of these two outcomes may be accomplished just as well by agreement of the parties without the involvement of the court. Proceeding by agreement, rather than a partition fully overseen by the court and carried out by a commissioner the court will need to appoint, will, if possible, be more efficient and less expensive to the parties, who thereby will be able to preserve more of the equity in the locus. If the parties cannot agree, and this case progresses in the normal course, the court will be compelled to appoint a partition commissioner to oversee disposition of the property. As the expenses and fees incurred by the commissioner (which may be considerable) in investigating and disposing of the property ultimately will be paid by the parties, court strongly advised parties to confer and use best efforts to arrive at consensual resolution of this case that does not require the appointment of a commissioner, and to consider utilizing mediation to facilitate a mutually agreeable settlement. Counsel agreed that the petitioner and respondent were amenable to attempting to reach a negotiated settlement and were willing to begin such efforts between counsel informally or, should the need arise, with the assistance of a trained neutral. Court advised counsel to begin promptly attempts at negotiating a settlement agreement, including engagement of a mediator. The court can assist the parties in arranging for a mediator by referring them to the court-affiliated ADR providers, if requested. By close of business on June 21, 2023, parties to file joint report indicating (1) whether or not the matter is ready to settle, without providing details of the settlement terms, and (2) whether the parties have undertaken mediation, with whom, and on what date, or whether the parties have scheduled a mediation, with whom, and on what date. Court will proceed to appoint partition commissioner at that time if not satisfied that the matter is settled or near settlement. Otherwise, (unless otherwise ordered on court's own motion, or that of any party showing good cause) court to defer appointment of partition commissioner to permit parties to use best efforts to arrive at consensual resolution of this case. Counsel agreed to accept service of pleadings and other court filings electronically. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings with the court to be made electronically and by mailing of hard copies to the court, with indication that electronic filings were made simultaneously. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 04/25/2023 11:14:40
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Piper, Hon. Gordon H.
- Status Report, filed.
- Order to File Attorney Appearance, issued. (Copies emailed to Attorneys Michael Feinman and Marcus Scott) Judge: Piper, Hon. Gordon H.
- Notice of Docket Entry: June 15, 2023. On April 21, 2023, the court conducted via videoconference an initial case management conference in this partition case. Attorney Marcus Scott appeared and participated on behalf of defendant Francisca Delacruz. The court ordered Mr. Scott, in light of his appearance in court at this conference, to at once file an appearance form in writing on behalf of his client, providing the necessary contact information. On May 9, 2023, the court issued an order directing the filing of that appearance form. To date, it has not been received. The court will hold a hearing via ZOOM on Wednesday, June 28, 2023 at 10:25 am to hear good cause, if any exists, why the appearance form has not been filed as undertaken by counsel and directed by the court, and to determine the status of Mr. Scott's appearance on behalf of the defendant. Mr. Scott is directed to serve immediately notice of this hearing, with the court-supplied ZOOM access information, on his client, Ms. Delacruz, so that she may participate. At the same date and time, the court will consider the status of this case, and the next steps needed to advance the matter, including, without limitation, the appointment of a partition commissioner. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 06/15/2023 15:32:54 Notice sent via email to: Marcus Scott at marcus scottlawgrp.com Michael B Feinman, Esq. [email protected] Sent On: 6/15/2023 at 3:37 pm
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