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Case Information
Filed
2023-05-11
Status
Open
Type
Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket
10 entries
Parties
Plaintiff
Cruise, Kelly A.|Sandpiper Shore Residents
Defendant
Pasciuto, Richard|Pasciuto, Theresa|Thomas, Noretta Andreasian
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 440898 Date: 05/11/2023
- Land Court surcharge Receipt: 440898 Date: 05/11/2023
- 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: Kelly A. Cruise 28 Oak Bluff Circle, Plymouth, MA 02360 Sent On: 05/16/2023 13:57:12
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 06/29/2023 Time: 10:30 AM Notice mailed to Plaintiff via first class mail.
- Plaintiff's Joint Statement, filed. *(There was a binder that was filed with the Joint Statement but unable to docket)
- Appearance of Timothy E Angley, Esq. for Richard Pasciuto, filed
- Event Resulted: Case Management Conference scheduled on: 06/29/2023 10:30 AM Has been: Case management conference held via videoconference. Plaintiff Kelly Cruise appeared pro se, along with other interested property owners. Attorney Timothy Angley appeared on behalf of defendant Richard Pasciuto, who was present along with Theresa Pasciuto, and defendant Noretta Thomas appeared pro se. Court first explained to all parties what being a pro se party entails, including that the same rules of evidence and procedure apply to both represented and pro se litigants, and that the court cannot provide any legal assistance or advice. Court further encouraged parties to retain counsel, even if only on a limited basis, and advised them of the limited assistance representation ("LAR") program. By way of background, Plaintiff then explained there is an easement across defendants' properties at 41 and 42 Oak Bluff Circle, Plymouth, leading to an ocean bluff, and the parties dispute the scope and use of such easement, with Attorney Angley advising that in his perspective, the purpose of the easement has been frustrated and the easement should be extinguished because the eroding shoreline has made access to the beach infeasible. Following colloquy and at the request of the court in order to cure defects in the original complaint, Plaintiff to file by August 31, 2023, an Amended Complaint in accordance with Mass. R. Civ. P. Rule 8 to ensure that the court and the defendants have adequate notice of the claims. Court noted that Amended Complaint to include a case caption as well as the names of the parties and their addresses, a plain statement of facts including any relevant deed or plan references and the basis for the easement rights, and the relief sought, all in numbered paragraphs, and to be served on defendants. Court further noted that as currently plead, Kelly Cruise is the sole plaintiff, and that each landowner intended to be a plaintiff must be individually named and must sign the complaint. Additionally, if any of those land owners are entities (such as a trust or llc) they must be represented by counsel and may not be self represented. See Dickey v. Inspectional Servs. Dep't, 482 Mass. 1003, 1004 (2019); Varney Enters. Inc. v. WMF Inc., 402 Mass. 79, 81- 82 (1988). As such, Kelly Cruise herself cannot continue as a plaintiff since title to the property she is concerned about is in the name of the Cruise Family Trust and only the trustee can bring suit and must be represented by counsel. Status conference scheduled for September 7, 2023, at 2:00 P.M. Hon. Diane R. Rubin, Presiding Pro Se Plaintiff and counsel notified via email.
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