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Case Information
Filed
2023-06-05
Status
Open
Type
Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket
17 entries
Parties
Plaintiff
Celidonio, Eric F.|Celidonio, Margaret E.
Defendant
Casagrande Coutinho, Antonio Marcos|Oliveira Coutinho, Christiane De
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 441508 Date: 06/05/2023
- Land Court surcharge Receipt: 441508 Date: 06/05/2023
- Land Court summons Receipt: 441508 Date: 06/05/2023
- Appearance of Robert H Greene, Esq. for Eric F. Celidonio, Margaret E. Celidonio, filed
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Robert H Greene, Esq. [email protected] Sent On: 06/14/2023 10:50:53
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 08/08/2023 Time: 10:00 AM Counsel notified via email.
- Summons returned to Court with service on Antonio Marcos Casagrande Coutinho filed. Served in hand on June 9, 2023.
- Summons returned to Court with service on Christiane De Oliveira Coutinho filed. Served at the last and usual place of abode and by mailing first class mail on June 9, 2023. Left with adult mal, Antonio Marcos Casagrande Coutinho.
- Appearance of Gaetano J Deluca, Esq. for Antonio Marcos Casagrande Coutinho, Christiane De Oliveira Coutinho, filed
- Answer and Counterclaim filed by the Defendants, Antonio Marcos Casagrande Coutinho and Christina De Oliveira Coutinho, filed.
- Reply to Counterclaim of Plaintiffs Eric F. Celidonio and Margaret E. Celidonio (Mass. R. Civ. P. 7(a), 12(a)), filed.
- Joint Statement for Case Management Conference, filed.
- Event Resulted: Case Management Conference scheduled on: 08/08/2023 10:00 AM Has been: Case management conference held via videoconference. Attorney Robert Greene appeared on behalf of the plaintiffs and Attorney Gaetano Deluca appeared on behalf of the defendants. Court is in receipt of the parties' Joint Statement for Case Management Conference. By way of background, counsel advised that at issue in this case is a disagreement between the parties as to the location, scope, and dimensions of a purported easement or right of way over Plaintiffs' property at 146 High Street, Hingham for vehicular access to and egress from Defendants' Property at 138-140 High Street, Hingham. Attorney Greene further advised that, in Plaintiffs' perspective, although the easement is referenced in a 2001 deed in Defendants' chain of title, there are issues with that instrument, such as indefinite references (for instance, reference to the terms of a purchase and sale agreement, which is not of record). Court then inquired as to current use of the easement. Attorney Deluca explained that Plaintiffs have obstructed part of the right of way, blocking one entrance to Defendants' Property (there allegedly being a front and back entrance according to Defendants), and Attorney Greene noted that Plaintiffs also take issue with Defendants' alleged use of the easement for commercial purposes. Court then inquired into whether, in order to maintain a collegial relationship between neighbors, the parties are willing to pursue settlement or mediation to achieve a mutually agreeable resolution, or to enter into a stand still stipulation, to be endorsed by the court, with specific terms agreed upon by the parties to govern use of the easement pending resolution of this case. Counsel advised that they may be open to mediation, but Attorney Greene advised that he prefers to first engage in some preliminary discovery. Following colloquy, counsel invited to begin discovery; to confer as to settlement, mediation, or a stipulation regarding use of the easement; and to file a joint status report with the court, as may be helpful. Status conference scheduled for September 20, 2023, at 11:00 A.M., with court to put in place a discovery schedule at that time, as may be appropriate. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
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