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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-06-07
Status Open
Type Miscellaneous|Ota Other
Docket 52 entries

Parties

Plaintiff Vautrain, Janette N.|Vautrain, Gerald
Defendant Kestrel Land Trust, Inc., As|City Of Easthampton

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: 431532 Date: 06/07/2022
  4. Land Court surcharge Receipt: 431532 Date: 06/07/2022
  5. Land Court summons Receipt: 431532 Date: 06/07/2022
  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: Michael Pill, Esq. [email protected] null: File Copy Sent On: 06/15/2022 13:18:12
  8. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 08/08/2022 Time: 10:30 AM Counsel notified via email.
  9. Summons returned to Court with service on Kestrel Land Trust, Inc., as Trustee for Kestrel Land Trust, also known as Kestrel Trust filed. Served in hand to Mark Wamsley, Conservation Director on June 9, 2022.
  10. Appearance of Alan Seewald, Esq., Jeffrey John Trapani, Esq. for Kestrel Land Trust, Inc., as Trustee for Kestrel Land Trust, also known as Kestrel Trust, filed
  11. Defendant's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) and 12(b)(7), filed.
  12. Table of Contents of Defendant's Motion to Dismiss Complaint pursuant to Mass. R. Civ. PP. 12(b)(6) and 12(b)(7), filed.
  13. Statement of Legal Elements with Citations to Legal Authorities in Support of Defendant's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) and 12(b)(7), filed.
  14. Supplement to the Defendant's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) ad 12(b)(7): Statement of Issues, filed.
  15. Plaintiffs' Opposition to Defendant Kestrel Trust's Motion to Dismiss, filed.
  16. Joint Case Management Conference Statement, filed.
  17. Plaintiffs' Notice to Attorney General pursuant to G.L. 231A, sec. 8 and Mass.R.Civ.P. 24(d), filed.
  18. Appearance of Harry L Miles, Esq. for Janette N. Vautrain, Gerald Vautrain, filed
  19. Event Resulted: Case Management Conference scheduled on: 08/08/2022 10:30 AM Has been: Case management conference and early intervention event held via videoconference. Attorneys Michael Pill and Harry Miles appeared on behalf of the plaintiffs, with Janette and Gerald Vautrain present, and Attorneys Alan Seewald and Jeffrey Trapani appeared on behalf of the defendant. Court is in receipt of: Joint Case Management Conference Statement; Plaintiffs' Notice to Attorney General pursuant to G.L. 231A, sec. 8 and Mass. R. Civ. P. 24(d); Defendant's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) and 12(b)(7) and supporting materials; and Plaintiffs' Opposition to Defendant Kestrel Trust's Motion to Dismiss. Court first directed that the City of Easthampton be added as a party, which will resolve the Mass. R. Civ. P. 12(b)(7) portion of Defendant's Motion to Dismiss, and noted also that the Attorney General's Office had been given notice. Following colloquy and by August 31, 2022, Plaintiffs to file an amended complaint naming the City of Easthampton as a party. Court then inquired as to prospects for settlement or mediation in order to reach a mutually agreeable resolution. Attorney Pill advised that Plaintiffs are open to mediation, but Attorney Seewald advised that Defendant prefers to proceed on the Motion to Dismiss before engaging in any settlement discussions or mediation. Hearing on the Defendant's Motion to Dismiss scheduled for October 19, 2022, at 10:00 A.M., to be held via videoconference, in order to allow the City of Easthampton an opportunity to file briefing, if it so chooses. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  20. Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
  21. Scheduled Judge: Rubin, Hon. Diane R. Event: Motion to Dismiss Date: 10/19/2022 Time: 10:00 AM
  22. Amended Complaint filed.
  23. Renewed Motion to Dismiss pursuant to Mass. R. Civ. P. 12(b)(6) by the Defendant, Kestrel Land Trust, Inc., filed.
  24. Appearance of Kendra Kinscherf, Esq. for Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs, filed
  25. Acceptance of Process on Behalf of City of Easthampton, filed.
  26. Appearance of Mark Allan Tanner, Esq. for City of Easthampton, filed
  27. City of Easthampton's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P/ 12(b)(6), filed.
  28. Statement of Legal Elements with Citations to Legal Authorities in Support of City of Easthampton's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P 12 (b)(6) along with a Memorandum of Law in Support, filed.
  29. Supplement to City of Easthampton's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P 12 (b)(6): Statement of Issues, filed.
  30. Event Resulted: Motion to Dismiss scheduled on: 10/19/2022 10:00 AM Has been: Rescheduled to December 14, 2022 at 11:30 am in order to give counsel time to fully brief the pending Motions to Dismiss. Hon. Diane R. Rubin, Presiding
  31. Scheduled Judge: Rubin, Hon. Diane R. Event: Motion to Dismiss Date: 12/14/2022 Time: 11:30 AM Counsel notified via email.
  32. Plaintiffs' Supplemental Opposition to Defendants' Motions to Dismiss the Amended Complaint, filed.
  33. Plaintiffs' Opposition to Defendant Kestrel Trust's Motion to Dismiss, filed.
  34. Event Resulted: Motion to Dismiss scheduled on: 12/14/2022 11:30 AM Has been: Rescheduled to March 1, 2023 at 2:30 pm. Hon. Diane R. Rubin, Presiding
  35. Appearance of Ryan K O'Hara, Esq. for City of Easthampton, filed
  36. Scheduled Judge: Rubin, Hon. Diane R. Event: Motion to Dismiss Date: 03/01/2023 Time: 02:30 PM Counsel notified via email.
  37. Appearance of John Dupuis, Esq. for Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs, filed
  38. Event Resulted: Motion to Dismiss scheduled on: 03/01/2023 02:30 PM Has been: Hearing held via videoconference. Attorneys Michael Pill and Harry Miles appeared on behalf of the plaintiffs, with Janette and Gerald Vautrain present, Attorneys Alan Seewald and Jeffrey Trapani appeared on behalf of the defendant Kestrel Land Trust, Attorneys Ryan O'Hara and Mark Tanner appeared on behalf of the defendant City of Easthampton (the "City"), and Attorney John Dupuis appeared on behalf of the Commonwealth's Executive Office of Energy and Environmental Affairs. Before the court were: Defendant's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) and 12(b)(7) and supporting materials; Amended Complaint; Renewed Motion to Dismiss pursuant to Mass. R. Civ. P. 12(b)(6) by the Defendant, Kestrel Land Trust, Inc.; City of Easthampton's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6), and supporting materials; Plaintiffs' Supplemental Opposition to Defendants' Motions to Dismiss the Amended Complaint; and Plaintiffs' Opposition to Defendant Kestrel Trust's Motion to Dismiss. Following argument, court to take the motions to dismiss under advisement, with a written decision to issue once the parties have had an opportunity to discuss prospects for settlement. Status conference scheduled for May 2, 2023, at 11:00 A.M., with parties to file by April 26, 2023, a joint status report advising as to prospects for settlement or mediation, including whether the parties would welcome a mediation screening order, or a proposed briefing schedule for the City's Motion to Frame Jury Questions (Attorney Tanner having advised of the City's intent to file a jury claim should the case not be dismissed). Hon. Diane R. Rubin, Presiding Counsel notified via email.
  39. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/02/2023 Time: 11:00 AM
  40. Joint Status Report, filed. Counsel to file either a Joint Status Report or a proposed briefing schedule by July 3, 2023.
  41. Event Resulted: Status Conference scheduled on: 05/02/2023 11:00 AM Has been: Canceled Hon. Diane R. Rubin, Presiding
  42. Joint Status Report, filed.
  43. Upon receipt of the Joint Status Report, the court will take the Motions to Dismiss under advisement while continuing to encourage the parties to pursue settlement. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  44. Memorandum and Order on Defendants' Motions to Dismiss Under Mass. R. Civ. P. 12(b)(6) issued. (Copies emailed to Attorneys Harry Miles, Michael Pill, Jeffrey Trapani, Alan Seewald, Ryan O'Hara, Mark Tanner, John Dupuis, and Kendra Kinscherf) Judge: Rubin, Hon. Diane R.
  45. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/20/2023 Time: 10:30 AM
  46. Answer of the Defendant, Kestrel Land Trust, Inc., to the Amended Complaint (Includes a Counterclaim), filed.
  47. Answer of City of Easthampton, filed.
  48. Plaintiff Janette N. Vautrain's and Gerald Vautrain's Reply with Affirmative Defenses and Compulsory Counterclaim under Mass.R.Civ.P. 13(a) to Defendant Kestrel Land Trust, Inc.'s Counterclaim, filed.
  49. Plaintiff Janette N. Vautrain's and Gerald Vautrain's Fact-Based Motion to Dismiss for Lack of Subject Matter Jurisdiction Defendant Kestrel Land Trust, Inc.'s Counterclaim Counts III & IV Seeking Money Damages for "Breach of Contract" & "Breach of the Duty of Good Faith and Fair Dealing", filed.
  50. Memorandum of Law in Support of Plaintiff Janette N. Vautrain's and Gerald Vautrain's Fact-Based Motion to Dismiss for Lack of Subject Matter Jurisdiction Defendant Kestrel Land Trust, Inc.'s Counterclaim Counts III & IV Seeking Money Damages for "Breach of Contract" & "Breach of the Duty of Good Faith and Fair Dealing", filed.
  51. Affidavit of Michael Pill in Support of Plaintiff Janette N. Vautrain's and Gerald Vautrain's Fact-Based Motion to Dismiss for Lack of Subject Matter Jurisdiction Defendant Kestrel Land Trust, Inc.'s Counterclaim Counts III & IV Seeking Money Damages for "Breach of Contract" & "Breach of the Duty of Good Faith and Fair Dealing", filed.
  52. Event Resulted: Status Conference scheduled on: 09/20/2023 10:30 AM Has been: Hearing held via videoconference following the court's issuance of the court Memorandum and Order on Defendants' Motion to Dismiss Under Mass R. Civ. P. 12(b)(6). Harry Miles and Michael Pill appeared on behalf of plaintiffs Gerald and Janette Vautrain, who were present, Attorneys Jeff Trapani and Alan Seewald appeared on behalf of defendant Kestral Land Trust, Attorney Mark Tanner appeared on behalf of the City of Easthampton, and Attorney John Dupuis appeared on behalf of the Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs. Before the court is: (1) the Answer of Defendant, Kestrel Land Trust, Inc., to the Amended Complaint (Includes a Counterclaim); (2) Answer of City of Easthampton; (3) Plaintiff Janette N. Vautrain's and Gerald Vautrain's Reply with Affirmative Defenses and Compulsory Counterclaim under Mass. R. Civ. P. 13(a) to Defendant Kestral Land Trust, Inc.'s Counterclaim; and (4) Plaintiffs Janette N. Vautrain's and Gerald Vautrain's Fact-Based Motion to Dismiss for Lack of Subject Matter Jurisdiction Defendant Kestral Land Trust, Inc.'s Counterclaim Count III & IV Seeking Money Damages for "Breach of Contract" & "Breach of the Duty of Good Faith and Fair Dealing," and the memorandum of law and counsel affidavit thereto. Court began with counsel discussing the parties' claims, using the screen share function of Zoom to review a plan appended to the original complaint entitled "ANR Plan of Land in Easthampton, Massachusetts" of May 30, 2019, by Holmberg & Howe Land Surveyors". Following colloquy, plaintiffs to file a Second Amended Complaint clarifying the delineations of property which they claim by adverse possession, in two areas (the so-called Driveway Parcel or Lot D-2, east of plaintiffs' property) where plaintiffs hold an express driveway easement and the so-called Backyard Parcel (Lot D-1, south of plaintiffs' property), together with an updated survey depicting the precise areas claimed by adverse possession and showing the boundaries of the properties, the driveway and its dimensions, and any fencing, structures, and monuments. By December 20, 2023, plaintiffs to file this Second Amended Complaint and survey stamped by a licensed surveyor. In light of the need for greater clarity and particularity with respect to plaintiffs' claims, the court disregards defendants' prior pleadings and provides defendants an opportunity to file updated responsive pleadings to the Second Amended Complaint. Further status conference scheduled for January 30, 2023, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.

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