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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-05-12
Status Closed
Type Miscellaneous|Ota Other
Docket 45 entries

Parties

Plaintiff Pnc Bank, National Association,
Defendant Kology, William S.|Kology, Linda W.|Fratus, Robert

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: 430888 Date: 05/12/2022
  4. Land Court surcharge Receipt: 430888 Date: 05/12/2022
  5. Land Court summons Receipt: 430888 Date: 05/12/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Patrick T Voke, Esq. [email protected] Plaintiff: Shanna M Boughton, Esq. [email protected] Defendant: William S. Kology No addresses available Defendant: Linda W. Kology No addresses available null: File Copy Sent On: 05/31/2022 13:18:17
  8. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 06/27/2022 Time: 10:15 AM
  9. Summons returned to Court with service on William S. Kology filed. Delivered in hand on May 19, 2022.
  10. Summons returned to Court with service on Linda W. Kology filed. Delivered in hand on May 19, 2022.
  11. Event Resulted: Case Management Conference scheduled on: 06/27/2022 10:15 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
  12. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 07/12/2022 Time: 10:30 AM
  13. Answer of William S. Kology, Linda W. Kology filed.
  14. Stipulation Extending Time for Plaintiff PNC Bank, National Association to Answer Defendants' Counterclaims, filed.
  15. Event Resulted: Case Management Conference scheduled on: 07/12/2022 10:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding July 12, 2022. Case management conference held by videoconference. Attorney Shanna M. Boughton appeared for the plaintiff, and Attorney Michael J. Tremblay appeared for the defendants. Attorney Douglas J. Rowe also appeared, as he represents the defendants in a related matter before the Hon. Robert B. Foster (Land Court case 06 MISC 336169 (RBF) Kology, William S, et al. v. Ellis Nickerson (heirs), Marion, et al.). The plaintiffs have brought this action pursuant to G. L. c. 231A, § 1, seeking a declaratory judgment reforming two mortgages encumbering the subject property located in Harwich, or, in the alternative, a declaratory judgment expunging the mortgage and declaring that the plaintiff holds a valid first priority equitable lien against the property. Following a brief discussion of the legal issues and procedural posture, the court CONTINUED the case management conference to allow the parties time to confer and to prepare and file a joint written statement pursuant to this court's case management conference notice and order. Continued case management conference to be held via videoconference at 11:00 a.m. on August 18, 2022. (Smith, J.).
  16. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 08/18/2022 Time: 11:00 AM
  17. Plaintiff PNC Bank, National Association's Answer to Counterclaims of Defendants, filed.
  18. Joint Summary of Facts and Issues, filed (by email).
  19. Event Resulted: Case Management Conference scheduled on: 08/18/2022 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding August 18, 2022. Case management conference held by videoconference. Attorney Shanna M. Boughton appeared for the plaintiff, and Attorney Michael J. Tremblay appeared for the defendants. The court and parties discussed the parties' respective positions on the legal issues. Following colloquy, the court ordered the parties to participate in a mediation screening within thirty days of this court's mediation screening order. If the parties agree to submit this matter to mediation, the parties shall file a joint written status report within seven days of the mediation screening to update the court on the mediation screening proceedings. The court adopted a discovery schedule consistent with the Land Court's Fast Track designation, which calls for the completion of all discovery by February 17, 2023. The court scheduled a case management conference to be held via videoconference at 10:00 a.m. on February 24, 2023, at which time the court will set a briefing schedule if the parties intend to file dispositive motions. Otherwise, the court will schedule the case for trial. (Smith, J.).
  20. Order Referring Case to Dispute Resolution Screening Session, ISSUED (Smith, J.). Judge: Smith, Hon. Kevin T.
  21. ADR referral to REBA Dispute Resolution, Inc. issued.
  22. Motion of Robert D. Fratus, Jr. to Intervene Pursuant to Mass. R. Civ. P. 24(a)(2), filed (by email).
  23. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 12/19/2022 Time: 02:30 PM
  24. Defendant's Motion to Compel Discovery re: Interrogatories, filed.
  25. Defendant's Memorandum in Support of Motion to Compel Discovery re: Interrogatories, filed.
  26. Defendant's Motion to Compel Discovery re: Requests for Production of Documents, filed.
  27. Defendant's Memorandum in Support of Motion to Compel Discovery re: Requests for Production of Documents, filed.
  28. Event Resulted: Status Conference scheduled on: 12/19/2022 02:30 PM Has been: Held via video Hon. Kevin T. Smith, Presiding December 19, 2022. Hearing on Robert D. Fratus's motion to intervene pursuant to Mass. R. Civ. P. 24(a)(2), held via videoconference. Attorney Shanna Boughton appeared for the plaintiff. Attorney Michael Tremblay appeared for the defendants. Attorney Douglas Rowe, who represents the defendants in a probate action and a different land court action, also appeared. Attorney Alexander Watt appeared for intervenor Robert Fratus. The motion to intervene indicates that Mr. Fratus is title owner to some of the property encumbered by the mortgage, formerly owned by the defendants, and has an interest in the enforceability of the mortgage against his land. Attorney Tremblay indicated that Mr. Fratus is entitled to intervene, if not an essential party in this case. Following argument, there was no opposition to Mr. Fratus's motion to intervene from any party, and the Motion to Intervene Pursuant to Mass. R. Civ. P. 24(a)(2) is hereby ALLOWED. The court asked the parties if it was necessary to extend the discovery deadline in light of the new party to the case. The parties indicated to the court that there was no need to extend the discovery deadline, but that discovery disputes have arisen resulting in defendants' motion to compel. The parties are to engage in discussions to settle their discovery disputes. The court scheduled a hearing on defendants' motion to compel for January 12, 2023 at 9am, to be held in the event that the parties are unable to resolve discovery issues. (Smith, J.).
  29. Scheduled Judge: Smith, Hon. Kevin T. Event: Motion Date: 01/12/2023 Time: 09:00 AM
  30. Plaintiff's Opposition to Defendants' Motion to Compel Answers to Interrogatories, filed.
  31. Plaintiff's Opposition to Defendants' Motion to Compel Answers to Request for Production of Documents, filed.
  32. Event Resulted: Motion scheduled on: 01/12/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding January 12, 2023. Hearing on defendants' motion to compel discovery held via videoconference. Attorney Patrick Voke appeared for the plaintiff. Attorney Michael Tremblay appeared for the defendants. Attorney Alexander Watt appeared for intervening party Robert Fratus. Defendants filed a motion to compel answers to interrogatories and a motion to compel answers to a request for production of documents. Attorney Tremblay stated that at the time of the motions, the plaintiff had not produced any discovery. At this time, plaintiff has provided some discovery responses but defendants are still waiting for supplemental answers to interrogatories and additional documents. Attorney Voke stated that supplemental answers to the interrogatories are in the process of being signed by his client and that, at this time, the plaintiff is not withholding any documents from the defendants under a claim of privilege. Following argument, the court stated that the plaintiffs must disclose all information in its possession concerning the loan application and underwriting process, which should include any communications between and among employees of the bank at or about the same time pertaining to the Kology loan. The same goes for the period of time surrounding the bank's decision and action to re-record the mortgage in question with the modified property description. Plaintiff agreed to produce all responsive communications and documents. With all parties in agreement, the court declined to rule on the motion to compel discovery, but stated that the defendants may renew their motion if they are unsatisfied with the plaintiff's discovery production. Following today's hearing, the deadline for the completion of all discovery has been extended to April 14, 2023. The court scheduled a status conference for April 21, 2023 at 9:30am, at which time the parties will discuss trial dates or, alternatively, a briefing schedule for dispositive motions. (Smith, J.).
  33. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/21/2023 Time: 09:30 AM
  34. Appearance of Robert M Shaw, Esq. for PNC Bank, National Association, Successor by Merger to National City Mortgage Co., a subsidiary of National City Bank, filed
  35. Withdrawal of Shanna M Boughton, Esq. for PNC Bank, National Association, Successor by Merger to National City Mortgage Co., a subsidiary of National City Bank, filed
  36. Withdrawal of Patrick T Voke, Esq. for PNC Bank, National Association, Successor by Merger to National City Mortgage Co., a subsidiary of National City Bank, filed
  37. Event Resulted: Status Conference scheduled on: 04/21/2023 09:30 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
  38. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/24/2023 Time: 11:00 AM
  39. Appearance of Douglas J Rowe, Esq. for William S. Kology, Linda W. Kology, filed
  40. Event Resulted: Status Conference scheduled on: 04/24/2023 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding April 24, 2023. Status conference held via videoconference. Attorney Robert Shaw appeared for the plaintiff. Attorneys Michael Tremblay and Douglas Rowe appeared for the defendants William and Linda Kology. Attorney Alexander Watt appeared for defendant-intervenor Robert Fratus. The purpose of this status conference was to schedule a trial, however the parties informed the court that there is a three-way proposal for settlement. The next steps for the proposed settlement are to draft a proposed agreement and to present the draft agreement to PNC for corporate approval. Following discussion, the court scheduled a status conference for June 28, 2023 at 9:15am. If the parties are able to finalize their agreement before that time, they are to file a stipulation of dismissal with the court. (Smith, J.).
  41. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 06/28/2023 Time: 09:15 AM
  42. Event Resulted: Status Conference scheduled on: 06/28/2023 09:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 28, 2023. Status conference held via videoconference. Attorney Robert Shaw appeared for the plaintiff. Attorneys Douglas Rowe and Michael Tremblay appeared for defendants William and Linda Kology. Attorney Alexander Watt appeared for defendant-intervenor Robert Fratus. The parties indicated that a settlement agreement has been signed in this case. The agreement provides that a stipulation of dismissal will be filed with the court within five days of the receipt of settlement proceeds. The parties anticipate filing a stipulation of dismissal within two weeks of today's hearing. (Smith, J.).
  43. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert M Shaw, Esq. [email protected] Defendant: Douglas J Rowe, Esq. [email protected] Defendant: Michael J Tremblay, Esq. [email protected] Defendant Intervenor: J. Alexander Watt, Esq. [email protected] Sent On: 06/30/2023 12:48:04
  44. July 28, 2023. Parties are to file a written status report by August 4, 2023 (Smith, J.). (Parties notified via email on July 28, 2023).
  45. Stipulation of Dismissal, filed.

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