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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-04-25
Status Open
Type Miscellaneous|Ota Other
Docket 32 entries

Parties

Plaintiff Marspec, Inc.
Defendant Barker, Christine|Rose, H. Bradford|Commonweath Of Massachusetts

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: 440440 Date: 04/25/2023
  4. Land Court surcharge Receipt: 440440 Date: 04/25/2023
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 05/08/2023 Time: 11:15 AM
  7. Plaintiff's Motion to Consolidate Miscellaneous Case and S-petition Case, filed.
  8. Plaintiff's Motion for Endorsement of a Memorandum of Lis Pendens, filed. (Note: Memorandum of Lis Pendens submitted).
  9. Event Resulted: Hearing on Lis Pendens scheduled on: 05/08/2023 11:15 AM Has been: Canceled as case REASSIGNED to the Hon. Jennifer S. D. Roberts and Hearing on Lis Pendens via Zoom will issue under the correct Court. Hon. Robert B. Foster, Presiding
  10. Please be advised that this case has been REASSIGNED to the Hon. Jennifer S. D. Roberts, whose Sessions Clerk is: Kathleen M. Hayes. Clerk Hayes can be reached via email at: [email protected]. Please ensure all correspondence to the Court is emailed to Clerk Hayes, and add the Court's initials to the end of the case number: 23 MISC 000173 (JSDR). Hearing on Lis Pendens via Zoom scheduled May 8, 2023 at 11:15 AM before Judge Foster is VACATED. Hearing on Lis Pendens via Zoom will be heard on May 8, 2023 at 11:15 AM before Judge Roberts. Summons to issue. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Sent On: 05/02/2023 11:46:49
  11. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Lis Pendens VIA ZOOM Date: 05/08/2023 Time: 11:15 AM Email notice to: Attorney Alan E. Lipkind and Attorney Peter Vetere.
  12. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 05/23/2023 Time: 09:30 AM Email notice to: Attorney Alan E. Lipkind and Attorney Peter Vetere.
  13. Return of Service on Bradford Rose: 05/04/2023: Service of the emailed Land Court Zoom Information for Lis Pendens Hearing by leaving at the last and usual place of abode and by mailing 1st class, filed by email.
  14. Appearance of Sarah Turano-Flores, Esq. for Christine Barker, filed
  15. Event Resulted: Hearing on Motion For Endorsement Of A Memorandum Of Lis Pendens ("the Lis Pendens Motion") scheduled on: 05/08/2023 11:15 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for plaintiff and Attorney Sarah A. Turano-Flores appeared for defendant Christine Barker. Defendant H. Bradford Rose appeared pro se but indicated that Attorney Turano-Flores would be appearing on his behalf. The court noted that, while the Lis Pendens Motion was unopposed, the court would only allow it as to the property actually in dispute. Accordingly, Attorney Vetere should prepare a sketch plan of that area and share it with Attorney Turano-Flores. Once the parties have agreed on the sketch plan, it will be attached to the endorsement of the memorandum of lis pendens for recording at the Registry of Deeds. The court also raised the issue of whether other parties might need to be joined, as the drawing of disputed boundary lines in this case may affect other harbor-front owners in Provincetown. Counsel should be prepared to address this issue at the Case Management Conference on May 23, 2023 at 9:30 a.m. The court referred counsel to the case of Johnson v. Town of Nantucket, 5 LCR 213 (1997) (Kilborn, C.J.) for guidance. Finally, the court declined to take action on Plaintiff's Motion to Consolidate Miscellaneous Case and S-petition Case, docketed on April 25, 2023, but will notify the Chief Title Examiner of the relationship between that case and this. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; and Attorney Sarah A. Turano-Flores. Hon. Jennifer S.D. Roberts, Presiding
  16. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected]
  17. Summons returned to Court with service on H. Bradford Rose filed. Summons and Hearing Notice for Lis Pendens - 05/01/2023: Service of Summons & Hearing Notice, Complaint, Civil Cover Sheet, Motion for Endorsement, Proposed Memo of Lis Pendens,, by leaving at the last and usual place of abode and by mailing 1st class.
  18. (Revised) Memorandum of Lis Pendens, filed by email.
  19. Judicial Endorsement of Memorandum of Lis Pendens (G. L. c. 184, § 15) issued. (Copies emailed to Attorneys Alan Lipkind, Peter Vetere, and Sarah Turano-Flores) Judge: Roberts, Hon. Jennifer S.D.
  20. Joint Statement for Case Management Conference, filed by email.
  21. Defendants' Motion to Dismiss Verified Complaint, filed by email.
  22. Defendants' Statement of Material Facts In Support of Their Motion to Dismiss, filed by email.
  23. Defendants' Combined Memorandum of Law In Support of Their Motions to Dismiss Miscellaneous Case (23 MISC 000173) and S-Petition Case (23 SBQ 21101 04-001) For Lack of Subject Matter Jur8isdiction and For Failure to State a Claim, filed by email.
  24. Index of Defendants' Appendix of Exhibits, filed by email.
  25. Event Resulted: Case Management Conference scheduled on: 05/23/2023 09:30 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for plaintiff and Attorneys Sarah Turano-Flores and Matthew Connolly appeared for defendants. If he has not already done so, Attorney Connolly is directed to file an appearance in this case. After discussion regarding the defendants' recently filed motion to dismiss, it was noted that the Commonwealth of Massachusetts needs to be brought into this case, thereby affecting the briefing schedule. Accordingly, the court set a deadline of June 2, 2023 for Attorney Turano-Flores to file and serve a Rule 19 motion to bring in the Commonwealth as a necessary party. The court scheduled a further Status Conference for June 20, 2023 at 9:30 a.m., to be held via videoconference. Plaintiff's response to the defendants' motion to dismiss need not be filed until a further briefing schedule that accommodates the Commonwealth is established. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; and Attorney Matthew Connolly. Hon. Jennifer S.D. Roberts, Presiding
  26. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected]
  27. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/20/2023 Time: 09:30 AM Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; and Attorney Matthew Connolly.
  28. Defendants' Motion to Join The Commonwealth as a Party, filed.
  29. Defendants' Motion to Join The Commonwealth as a Party ALLOWED. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; and Attorney Matthew Connolly. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected]
  30. Event Resulted: Status Conference scheduled on: 06/20/2023 09:30 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for plaintiff, Attorneys Sarah Turano-Flores and Matthew Connolly appeared for the private defendants and Attorney Kendra Kinscherf appeared for the Commonwealth. Attorney Kinscherf indicated that she would file a formal notice of appearance in this case. After discussion with the court, Attorney Lipkind stated that he would file a motion to amend the complaint to add the Commonwealth as a party and add additional facts to the complaint. Attorney Turano-Flores stated that it is her position that the issue contemplated in this case has been previously adjudicated in the earlier Land Court registration case concerning the property and that she therefore anticipates filing a renewed motion to dismiss once all the registration case materials have been received from the court. The court directed Attorney Turano-Flores to share the materials that she currently has in her possession with the other parties, with the outstanding materials to be shared when they have been received. The court scheduled a deadline of August 4, 2023 for Attorney Lipkind to file a motion to amend the complaint, with any opposition (including on the ground of futility) due by September 8, 2023. Any reply thereto is due by September 22, 2023. The court further scheduled a hearing on the motion to amend the complaint for November 8, 2023 at 2:00 p.m., to be held via videoconference. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew Connolly; and Attorney Kendra Kinscherf. Hon. Jennifer S.D. Roberts, Presiding
  31. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  32. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Motion to Amend Complaint VIA ZOOM Date: 11/08/2023 Time: 02:00 PM Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew Connolly; and Attorney Kendra Kinscherf.

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