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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-11-22
Status Open
Type Real Property|Other Real Property Action
Docket 37 entries

Parties

Plaintiff Archer, Michael J|Archer, Elizabeth E
Defendant Vaughan, Barbara J

Lawyers

Docket Entries

  1. Attorney appearance On this date Donna L MacNicol, Esq. added as Private Counsel for Plaintiff Michael J Archer
  2. Attorney appearance On this date Donna L MacNicol, Esq. added as Private Counsel for Plaintiff Elizabeth E Archer
  3. Case assigned to: DCM Track F - Fast Track was added on 11/22/2022
  4. Civil action cover sheet filed.
  5. Original civil complaint filed.
  6. Brief filed: in support of Motion for Preliminary Injunction pursuant to Mass. Rules of Civ. Pro., Rule 65. Applies To: MacNicol, Esq., Donna L (Attorney) on behalf of Archer, Elizabeth E, Archer, Michael J (Plaintiff)
  7. Plaintiff(s) Michael J Archer, Elizabeth E Archer's EMERGENCY Motion for a Preliminary Injunction Applies To: MacNicol, Esq., Donna L (Attorney) on behalf of Archer, Elizabeth E, Archer, Michael J (Plaintiff)
  8. Endorsement on Motion for a Preliminary Injunction (#4.0): No Action Taken Short order of notice to issue returnable on November 30, 2022 at 10 am.
  9. The following form was generated: Notice to Appear Sent On: 11/23/2022 08:12:43
  10. Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 11/30/2022 10:00 AM Hearing on Preliminary Injunction.
  11. Service Returned for Defendant Vaughan, Barbara J: Service made in hand; at 76 Pickett Lane, Greenfield, MA 01301 (copy)
  12. Endorsement on Motion for a Preliminary Injunction following a hearing (#4.0): ALLOWED
  13. Event Result:: Hearing on Preliminary Injunction scheduled on: 11/30/2022 10:00 AM Has been: Held as Scheduled Comments: The Court heard from the plaintiff in support of their position. Plaintiff offered a photograph of a stake in driveway as Exhibit 1, a photograph of a stake and a rope as Exhibit 2, and a plot plan as Exhibit 3. The Court introduced the exhibits without objection. The defendant addressed the court, orally moving the Court to transfer the matter to another jurisdiction. The Court denied the defendant's oral motion. The Court heard from the defendant in support of hear position. Defendant offered a photograph of teh driveway as Exhibit 4, a photograph of the property as Exhibit 5, and a photograph of driveway as Exhibit 6. The Court admitted the exhibits without objection. After hearing, the Court ALLOWED the Preliminary Injunction, without prejudice (the Court is to issue order) (Simanski, FTR, FC CT RM r) Hon. Karen Goodwin, Presiding
  14. Exhibits/Appendix on hearing for preliminary injunction
  15. ORDER: on Oral Motion for Change of Venue On November 30, 2022, at the beginning of a hearing on the plaintiffs' motion for a preliminary injunction, the defendant orally moved to change the venue of this case because tone of the plaintiffs is the assistant chief probation officer in the Franklin County District Court. The district court is entirely separately from the Superior Court and the undersigned does not know the plaintiff and would have no reason to interact with the plaintiff. Seeing no conflict of interest or prejudice to the defendant by having the case proceed in Franklin County Superior Court, the court DENIES the motion.
  16. MEMORANDUM & ORDER: on Motion for Preliminary Injunction. ORDER: Barbara Vaughn shall remove Stake #1 and the two rebar drivers identified by the circle on the attached photograph marked Exhibit 2. Barbara Vaugh shall also remove the rope extending from Stake #1 to the next stake identified by the triangle on the attached photograph marked as Exhibit 1. The lawn abutting the driveway in the area of stake #1, the two rebar drivers, and the removed rope may be mowed at Ms. Vaughn's direction. This order is without prejudice to Ms. Vaughn's right to seek reconsideration and present additional evidence to the court on this limited issue after she engages counsel. Judge: Goodwin, Hon. Karen
  17. Preliminary Injunction issued for Plaintiff Michael J Archer, Elizabeth E Archer. It is ordered and adjudged that Defendant(s) Barbara J Vaughan and their various attorneys and agents are: Ordered to remove Stake #1 and the two rebar drivers identified by the circle on the attached photograph marked Exhibit 2. Barbara Vaugh shall also remove the rope extending from Stake #1 to the next stake identified by the triangle on the attached photograph marked as Exhibit 1. The lawn abutting the driveway in the area of stake #1, the two rebar drivers, and the removed rope may be mowed at Ms. Vaughn's direction. This order is without prejudice to Ms. Vaughn's right to seek reconsideration and present additional evidence to the court on this limited issue after she engages counsel.
  18. Defendant Barbara J Vaughan's EMERGENCY Motion to extend time to answer complaint
  19. Affidavit filed by Defendant Barbara J Vaughan in support of defendant's emergency motion to extend time to answer complaint.
  20. Endorsement on Motion to file a response of pleading (#11.0): ALLOWED In future, defendant must consult with other side before filing such a motion. Deadline to respond extended to January 6, 2023.
  21. Affidavit filed by Defendant Barbara J Vaughan in support of motion to resolve issues #1, #2, and #5 and dismiss issue #3,#4, and #6 per details in defendants response.
  22. Defendant Barbara J Vaughan's Motion to resolve issues #1, #2, and #5 and dismiss issue #3, #4, and #6 per details in defendants response.
  23. Endorsement on Motion to resolve issue #1, #2, and #5 and dismiss issue #3, #4 and #6. (#14.0): DENIED without prejudice for failure to comport with Superior Court Rule 9A.
  24. The following form was generated: Notice to Appear Sent On: 01/23/2023 10:57:33
  25. Certificate of Compliance Superior Court Rule 9A Applies To: Vaughan, Barbara J (Defendant)
  26. Affidavit filed by Defendant Barbara J Vaughan in support of motion to resolve issues #1, #2, and #5 and dismiss issues #3, #4 and #6
  27. Defendant Barbara J Vaughan's Motion to resolve issue #1, #2, and #5 as per attached proposal. Dismiss issue #3, #4 and #6 per details in attached proposal.
  28. Rule 9A list of documents filed. Notice of filing and certificate of service.
  29. Opposition to defendant's motion to resolve issue #1, #2 and #5 and to dismiss issue #3, #4 and #6. filed by Michael J Archer, Elizabeth E Archer
  30. Plaintiff Michael J Archer, Elizabeth E Archer's Motion for judgment on the pleadings MRCP 12(c)
  31. Defendant Barbara J Vaughan's Cross Motion for summary judgment, MRCP 56
  32. Event Result:: Conference to Review Status scheduled on: 02/21/2023 02:00 PM Has been: Held as Scheduled Comments: Plaintiff's counsel requested a JSC and the defendant agreed. The Court provided a brief summary of the process. The parties shall discuss dates with the Clerk on 02/22/2023. (Simanski, FTR, FC Ct Rm 4). Hon. Mark D Mason, Presiding
  33. Event Result:: Settlement Conference scheduled on: 03/27/2023 09:30 AM Has been: Held as Scheduled Hon. Mark D Mason, Presiding
  34. ORDER of dismissal nisi entered after action was reported settled; Agreement or Stipulation shall be filed in this court by 05/26/2023 Per Judge Mason. Judge: Mason, Hon. Mark D
  35. Event Result:: Pre-Trial Conference scheduled on: 09/05/2023 02:00 PM Has been: Canceled For the following reason: Case Settled Hon. Jeremy C Bucci, Presiding
  36. Plaintiff Michael J Archer, Elizabeth E Archer's Motion to extend date of nisi dismissal
  37. Endorsement on Motion to extend date of nisi dismissal (#23.0): ALLOWED Nisi period is ordered extended to September 30, 2023.

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