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Case Information
Filed
2022-08-19
Status
Closed
Type
Miscellaneous|Ota Other
Docket
25 entries
Parties
Plaintiff
Hurst, Richard
Defendant
Hurst, Arthur
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 433412 Date: 08/19/2022
- Land Court surcharge Receipt: 433412 Date: 08/19/2022
- Land Court summons Receipt: 433412 Date: 08/19/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Plaintiff's Motion for Appointment of Special Process Server, filed and ALLOWED. Counsel mailed copy. Judge: Rubin, Hon. Diane R.
- Appearance of Alan S Fanger, Esq. for Richard Hurst Co-Trustee of the Hurst Living Trust, filed
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Sent On: 08/30/2022 11:09:05
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 10/07/2022 Time: 02:30 PM Counsel notified vie email.
- Answer and Counterclaim of Arthur Hurst Co-Trustee of the Hurst Living Trust filed
- Defendant's Case Management Conference Memorandum, filed.
- Plaintiff's Case Management Conference Memorandum, filed.
- Event Resulted: Case Management Conference scheduled on: 10/07/2022 02:30 PM Has been:Case management conference and early intervention event held via videoconference. Attorney Alan Fanger appeared on behalf of plaintiff, with Richard Hurst present, and Attorney Andrew Lawlor appeared on behalf of defendant, with Arthur Hurst present. Court is in receipt of Defendant's Case Management Conference Memorandum and Plaintiff's Case Management Conference Memorandum. By way of background, counsel advised that title to the property at issue, 166 South Main Street, Natick, is held by the Hurst Living Trust, with the Plaintiff and Defendant as the sole beneficiaries. The parties now disagree as to the valuation of the property and how best to sell, because Plaintiff seeks to purchase the property while Defendant prefers to market the property for sale to a third party. Given that this matter involves administration of a trust, court discussed with counsel whether the Land Court has jurisdiction under G.L. c. 185, § 1(k), or whether the case would be more properly heard in Probate Court. Court then inquired into the possibility of settlement or mediation in order to achieve a mutually agreeable resolution, and counsel jointly advised that they would be open to mediation. Following colloquy, court to issue a Mediation Screening Order. By November 7, 2022, parties to complete mediation screening. By November 14, 2022, parties to submit written joint report to the court as to outcome of the mediation screening, whether parties are willing to attend mediation, and if so, naming mediation provider, identity of neutral, and date of session. Status conference scheduled for December 8, 2022, at 10:00 A.M., with court to further discuss jurisdiction at such time. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Order Referring Case to Dispute Resolution Screening Session, issued. (Copies emailed to Attorneys Alan Fanger and Andrew Lawlor) Judge: Rubin, Hon. Diane R.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 12/08/2022 Time: 10:00 AM
- ADR Report of REBA: Parties have a Mandatory Screening on November 3, 2022.
- ADR Report of REBA: Parties have a Mediation on December 13, 2022 with Judge Sands.
- Joint Stipulation, filed.
- Event Resulted: Status Conference scheduled on: 12/08/2022 10:00 AM Has been: Rescheduled to January 5, 2023 at 2:30 pm. Counsel has a mediation scheduled. Hon. Diane R. Rubin, Presiding
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 01/05/2023 Time: 02:30 PM Counsel notified via email.
- ADR Report of REBA: Parties Mediated on December 13, 2022 with Judge Sands and the case settled.
- Event Resulted: Status Conference scheduled on: 01/05/2023 02:30 PM Has been: Canceled. Counsel reported this case settled. Court to issue a 30-day Nisi Order. Hon. Diane R. Rubin, Presiding
- Day Nisi Order issued. Returnable 02/08/2023. (Copies emailed to Attorneys Alan Fanger and Andrew Lawlor)
- Order of Dismissal, issued. (Copies emailed to Attorneys Alan Fanger and Andrew Lawlor) Judge: Rubin, Hon. Diane R.
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