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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-23
Status Open
Type Miscellaneous|Ota Other
Docket 29 entries

Parties

Plaintiff Borg Brothers, Llc|Most Noble, Llc
Defendant Massachusetts Bay Transportation Authority

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: 437649 Date: 01/23/2023
  4. Land Court surcharge Receipt: 437649 Date: 01/23/2023
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Meredith Ann Swisher, Esq. [email protected] Plaintiff: Jason Arthur Manekas, Esq. [email protected] Sent On: 02/02/2023 11:36:10
  7. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 03/09/2023 Time: 09:00 AM Email notice to: Attorney Meredith A. Swisher and Attorney Jason A. Manekas.
  8. Summons returned to Court with service on Massachusetts Bay Transportation Authority filed. 02/01/2023: Massachusetts Bay Transportation Authority's (MBTA) Waiver of the Service of Summons, signed by Attorney Gerard A. Butler, Jr. on behalf of the MBTA.
  9. Massachusetts Bay Transportation Authority's Assented To Motion to Enlarge Time to File A Responsive Pleading (from February 21, 2023 to March 2, 2023), filed by email.
  10. Massachusetts Bay Transportation Authority's Assented To Motion to Enlarge Time to File A Responsive Pleading (from February 21, 2023 to March 2, 2023) ALLOWED. Email notice to: Attorney Meredith A. Swisher; Attorney Jason A. Manekas; and Attorney Gerard A. Butler, Jr. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Meredith Ann Swisher, Esq. [email protected] Plaintiff: Jason Arthur Manekas, Esq. [email protected] Defendant: Gerard Alan Butler, Jr., Esq. [email protected]
  11. Massachusetts Bay Transportation Authority's Motion to Dismiss Pursuant to Rule 12(b)(1) and (6), filed by email.
  12. Massachusetts Bay Transportation Authority's Memorandum In Support of Its Motion to Dismiss Pursuant to Rule 12(b)(1) and (6), filed by email.
  13. Concise Statement of Material Facts, filed by email.
  14. Appendix, filed by email.
  15. Joint Case Management Conference Statement, filed by email.
  16. Event Resulted: Case Management Conference scheduled on: 03/09/2023 09:00 AM Has been: Held via video. Attorney Meredith A. Swisher appeared for plaintiffs and Attorney Gerard A. Butler appeared for defendant. The court set a deadline of April 3, 2023 for Attorney Swisher to file and serve any opposition to Massachusetts Bay Transportation Authority's Motion to Dismiss Pursuant To Rule 12(b)(1) And (6) ("the Motion"). Any reply thereto should be filed and served by April 17, 2023. The court scheduled a hearing on the Motion for May 4, 2023 at 11:00 a.m., to be held via videoconference. Email notice to: Attorney Meredith A. Swisher and Attorney Gerard A. Butler. Hon. Jennifer S.D. Roberts, Presiding
  17. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Meredith Ann Swisher, Esq. [email protected] Plaintiff: Jason Arthur Manekas, Esq. [email protected] Defendant: Gerard Alan Butler, Jr., Esq. [email protected]
  18. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Massachusetts Bay Transportation Authority's Motion to Dismiss Pursuant To Rule 12(b)(1) And (6) VIA ZOOM Date: 05/04/2023 Time: 11:00 AM Email notice to: Attorney Meredith A. Swisher; Attorney Jason A. Manekas; and Attorney Gerard A. Butler, Jr.
  19. Plaintiffs' Opposition to Massachusetts Bay Transportation Authority's Motion to Dismiss Pursuant to Rule 12(b)(1) and (6), filed by email.
  20. Plaintiffs' Responses to Defendant's concise Statement of Material Facts, filed by email.
  21. Plaintiffs' Appendix, filed by email.
  22. Massachusetts Bay Transportation Authority's Reply Brief In Support of Its Motion to Dismiss Pursuant to Rule 12(b)(1) and (6), filed by email.
  23. Notice of Docket Entry: In anticipation of the May 4, 2023 hearing on Massachusetts Bay Transportation Authority's Motion To Dismiss Pursuant To Rule 12(b)(1) And (b), the court hereby notifies the parties that it intends to take judicial notice of the records available at the Middlesex South Registry Of Deeds pursuant to Mass. G. Evid. sec. 201 and requests that the parties be prepared to address whether the deed of the Inhabitants of the Town of Hudson to Lucia H. King and Grace M. King recorded at Book 6647, Page 144, is in the chain of title of both plaintiffs and, if so, what that imports for their claim to an interest in the land at issue in this litigation. Email notice to: Attorney Meredith A. Swisher; Attorney Jason A. Manekas; and Attorney Gerard A. Butler, Jr. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Meredith Ann Swisher, Esq. [email protected] Plaintiff: Jason Arthur Manekas, Esq. [email protected] Defendant: Gerard Alan Butler, Jr., Esq. [email protected]
  24. Event Resulted: Hearing on Massachusetts Bay Transportation Authority's Motion to Dismiss Pursuant to Rule 12(b)(1) and (6) ("the Motion") scheduled on: 05/04/2023 11:00 AM Has been: Held via video. Attorney Meredith A. Swisher appeared for plaintiffs and Attorney Gerard A. Butler, Jr. appeared for defendant. After hearing argument for and in opposition to the Motion, the court informed the parties that it could not proceed with this case, because it did not have jurisdiction, unless the plaintiffs owned some portion of the fee of the property in dispute. Accordingly, that issue must be addressed first. The court set a deadline of June 19, 2023 for Attorney Swisher to file and serve a brief and supporting affidavit from plaintiffs' title examiner containing relevant documents in the plaintiffs' chains of title (the affidavit to include, in particular, the 1866 deed and 1942 plan referenced at the hearing), the brief to address the application of the Derelict Fee Statute to the facts presented here, particularly in light of language contained in the deed recorded in the Middlesex South Registry of Deeds at Book 6647, Page 144. Any opposition thereto is due by July 19, 2023, with any reply thereto due by August 2, 2023. The court noted that it was unlikely to consider expert testimony on the interpretation of the 1942 deed, but did not preclude plaintiffs from offering it. The court CONTINUED the hearing on the Motion to August 3, 2023 at 11:00 a.m., to be held via videoconference. The Motion is HELD IN ABEYANCE. Email notice to: Attorney Meredith A. Swisher and Attorney Gerard A. Butler, Jr. Hon. Jennifer S.D. Roberts, Presiding
  25. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Meredith Ann Swisher, Esq. [email protected] Plaintiff: Jason Arthur Manekas, Esq. [email protected] Defendant: Gerard Alan Butler, Jr., Esq. [email protected]
  26. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Further Hearing on Massachusetts Bay Transportation Authority's Motion to Dismiss Pursuant to Rule 12(b)(1) and (6) VIA ZOOM Date: 08/03/2023 Time: 11:00 AM Email notice to: Attorney Meredith A. Swisher; Attorney Jason A. Manekas; and Attorney Gerard A. Butler, Jr.
  27. Assented To Motion to Extend Deadlines and to Reschedule Hearing, filed by email. (Note: Filing deadlines by 30 days, from June 19, 2023 to July 19, 2023 for Plaintiff's additional briefing, and from July 19, 2023 to August 18, 2023 for Defendant's opposition; and continue the hearing date of August 3, 2023 to August 29, 2023, August 30, 2023, or September 1, 2023).
  28. Notice of Docket Entry: Assented To Motion to Extend Deadlines and to Reschedule Hearing, filed by email. (Note: Filing deadlines by 30 days, from June 19, 2023 to July 19, 2023 for Plaintiff's additional briefing, and from July 19, 2023 to August 18, 2023 for Defendant's opposition; and continue the hearing date of August 3, 2023 to August 29, 2023, August 30, 2023, or September 1, 2023). ALLOWED. Motion to Dismiss via Zoom scheduled August 3, 2023 is VACATED. As the dates requested are unavailable on the Court's calendar, the Motion to Dismiss via Zoom is rescheduled to September 21, 2023 at 2:00 PM. Email notice to: Attorney Meredith A. Swisher; Attorney Jason A. Manekas; and Attorney Gerard A. Butler, Jr. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Meredith Ann Swisher, Esq. [email protected] Plaintiff: Jason Arthur Manekas, Esq. [email protected] Defendant: Gerard Alan Butler, Jr., Esq. [email protected]
  29. Event Resulted: Motion scheduled on: 08/03/2023 11:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding

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