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Case Information

Filed 2023-03-03
Status Open
Type Miscellaneous|Par Partition, G.l. Chapter 241
Docket 18 entries

Parties

Plaintiff Collins, Ellyn P.|Mann, Liane E.|Mann, David M.|Mann, Liane E.|Collins, Keith C.
Defendant Collins, Sean T.

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 438759 Date: 03/03/2023
  4. Land Court surcharge Receipt: 438759 Date: 03/03/2023
  5. Land Court summons Receipt: 438759 Date: 03/03/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Robert H Clewell, Esq. [email protected] Sent On: 03/08/2023 13:52:06
  8. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 04/26/2023 Time: 09:30 AM Counsel notified via email.
  9. Summons returned to Court with service on Sean T. Collins filed. Served at the last and usual place of abode and by mailing first class mail on March 21, 2023.
  10. Answer of Sean T. Collins filed.
  11. Joint Motion to Continue Case Management Conference, filed and ALLOWED. Case Management Conference Rescheduled to May 8, 2023 at 9:30 am. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  12. Event Resulted: Case Management Conference scheduled on: 04/26/2023 09:30 AM Has been: Rescheduled to May 8, 2023 at 9:30 am. Hon. Diane R. Rubin, Presiding
  13. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 05/08/2023 Time: 09:30 AM
  14. Case Management Joint Statement, filed.
  15. Event Resulted: Case Management Conference scheduled on: 05/08/2023 09:30 AM Has been: Case management conference held via videoconference. Attorney Robert Clewell appeared on behalf of the petitioners, with Liane Mann present, and Attorney Phil Taylor appeared on behalf of the respondent. By way of background, this is a petition to partition the property at 69 Allen Road, Billerica, a parcel in excess of 14 acres and improved by a single family house, which the four siblings own in equal shares (three siblings having transferred their interests to the petitioner trusts). Attorney Clewell advised that petitioners hope to sell the entire parcel to be developed and do not believe division can be achieved advantageously, while Attorney Taylor advised that respondent would prefer to partition by division such that he can retain a smaller parcel with the existing house (adjacent to his current home on a separate parcel) with the remaining acreage marketed for sale. Court discussed with counsel whether the property can be advantageously divided and whether a Commissioner should be appointed to undertake such due diligence or whether the parties prefer to work cooperatively. Counsel jointly advised that they would prefer not to incur the cost of a Commissioner at this juncture, and that they are exploring the feasibility of subdivision and valuation of the parcel as a whole and as divided, and have each engaged experts. Following colloquy, counsel to confer as to whether they intend to work cooperatively or whether a briefing schedule should be set on the issue of advantageous division of the property, and file by May 26, 2023, a joint status report, including a proposed schedule for briefing and/or status reports to the court, if possible. Status conference scheduled for June 1, 2023, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  16. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/01/2023 Time: 09:30 AM
  17. Joint Status Report, filed.
  18. Event Resulted: Status Conference scheduled on: 06/01/2023 09:30 AM Has been: Rescheduled to September 13, 2023 at 10:00 am. Counsel will be filing a further Joint Status Report by September 6, 2023. Hon. Diane R. Rubin, Presiding

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