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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-11
Status Closed
Type Mrc Determine Validity Of Encumbrances, G.l. Chapter 240, 11 14
Docket 28 entries

Parties

Plaintiff Vonatraugs Comm Ave Llc
Defendant City Of Newton|Silverstein, Ross S.|Silverstein, Amy R.

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: 437412 Date: 01/11/2023
  4. Land Court surcharge Receipt: 437412 Date: 01/11/2023
  5. Land Court summons Receipt: 437412 Date: 01/11/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent.
  8. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 02/10/2023 Time: 10:30 AM
  9. Email Report from Vonatraugs Comm Ave LLC, filed.
  10. Vonatraugs reports that it hasn't served all of the defendants. Accordingly, the Court CANCELS the case-management conference in this matter. The Court ORDERS Vonatraugs to file by March 3, 2023, returns of service on each of the defendants or a report on the status of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza, Esq. [email protected] Sent On: 02/03/2023 17:16:30
  11. Event Resulted: Case Management Conference scheduled on: 02/10/2023 10:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  12. Summons returned to Court with service on City of Newton, Ross S. Silverstein, Amy R. Silverstein filed.
  13. Defendant Answer to Plaintiff's Complaint, filed.
  14. The Court DIRECTS the Recorder to enter the defaults of defendants Ross S. Silverstein and Amy R. Silverstein in this action. The Court ORDERS Vonatraugs and the City to appear for a telephonic case-management conference on April 4, 2023, at 11:15 AM. A separate notice of case-management conference will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza, Esq. [email protected] Defendant: Andrew S Lee, Esq. [email protected] Sent On: 03/14/2023 08:59:07
  15. Defendant Ross S. Silverstein, Amy R. Silverstein defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  16. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 04/04/2023 Time: 11:15 AM
  17. Joint Case Management Conference Statement, filed.
  18. Event Resulted: Case Management Conference scheduled on: 04/04/2023 11:15 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  19. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  20. Case management conference and Initial intervention event held. Plaintiff Vonatraugs and defendant City of Newton appeared through counsel. Defaulted defendants Ross and Amy Silverstein did not appear. Vonatraugs has filed a two-count complaint. In Count I, it seeks a declaration that a restriction on its Newton property has lapsed and hence is no longer enforceable. The City disagrees. In Count II, Vonatraugs seeks a declaration that if the restriction is enforceable, Vonatraugs's planned development won't violate the restriction. The City disagrees. After hearing from the parties, the Court ORDERS the parties to complete all discovery, fact and expert, by June 16, 2023. The Court further ORDERS Vonatraugs to move by July 14, 2023, for summary judgment on all of its claims. The Court ORDERS the City to file by August 14, 2023, any opposition to Vonatraugs's motion and any cross-motion for summary judgment. The Court ORDERS Vonatraugs to file by September 13, 2023, any Opposition to the City's cross-motion. The Court REMINDS the parties that they must comply with Land Court Rule 4 in connection with the upcoming motions. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza, Esq. [email protected] Defendant: Andrew S Lee, Esq. [email protected] Sent On: 04/05/2023 12:48:16
  21. Joint Motion to Extend Summary Judgment Motion Briefing Schedule, filed.
  22. The Court has received the parties' Joint Motion to Extend Summary Judgment Briefing Schedule. The Court ORDERS the parties to show cause, jointly, by July 25, 2023, (a) why they did not complete discovery by June 16, 2023 (see order of April 5, 2023), (b) why they did not move for an extension of the discovery deadline, and (c) why they did not move prior to July 14, 2023, to extend the summary-judgment filing deadline. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza, Esq. [email protected] Defendant: Andrew S Lee, Esq. [email protected] Sent On: 07/19/2023 10:24:50
  23. Joint Statement Re: Discovery Completion Deadline Extension and Summary Judgment Motion Filing Deadline Extension, filed.
  24. The Court has received the parties' response to the Court's show-cause order. While the parties haven't demonstrated good cause for having failed to request two deadline extensions before the deadlines arrived, considering the present state of the parties' discovery, the Court GRANTS their motion to adjust the summary-judgment briefing schedule. The Court ORDERS Vonatraugs to file by August 30, 2023, its motion for summary judgment and supporting materials. The Court ORDERS the City to file any opposition to Vonatraugs' motion, and any cross-motion for summary judgment, by September 29, 2023. The Court ORDERS Vonatraugs to file by October 17, 2023, any opposition to the City's cross-motion. The Court will grant no further extensions of dates set forth in this order except for grave cause shown, and will not give parties extensions for timely filing materials that fail to comply with Land Court Rule 4. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mark J Lanza, Esq. [email protected] Defendant: Andrew S Lee, Esq. [email protected] Sent On: 07/26/2023 12:05:57
  25. Day Nisi Order issued. Returnable 09/27/2023.
  26. Email Motion to Extend Nisi Order by One Day, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  27. Stipulation of Dismissal, filed.
  28. Notice, filed.

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