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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-03-14
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 34 entries
Disposition dismiss

Parties

Plaintiff Johnston, Julie
Defendant Bradley, Andrew G.b.|Bradley, Christine V.

Lawyers

Docket Entries

  1. otice of Dismissal - Mass.R.Civ.P.41(a)(1)(i).
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 429136 Date: 03/14/2022
  4. and Court surcharge Receipt: 429136 Date: 03/14/2022
  5. and Court summons Receipt: 429136 Date: 03/14/2022
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Joseph Edward Nealon, Esq. [email protected] null: File Copy Sent On: 03/22/2022 07:53:14
  8. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 04/19/2022 Time: 09:30 AM
  9. ummons returned to Court with service on Andrew G.B. Bradley, Christine V. Bradley filed.
  10. ase Management Conference Joint Statement, filed.
  11. nswer and Counterclaim, filed.
  12. nswer to Counterclaim, filed.
  13. vent Resulted: Case Management Conference scheduled on: 04/19/2022 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  14. DR referral to REBA Dispute Resolution, Inc. issued. Judge: Vhay, Hon. Michael D.
  15. rder Referring Case to Dispute Resolution Screening Session, Issued. Judge: Vhay, Hon. Michael D.
  16. elephonic case management conference and initial intervention event held. All parties appeared through counsel. The Bradleys were also present. The parties own neighboring properties in Westborough, Massachusetts. Ms. Johnston's sewer line which crosses underneath the Bradleys' property. The parties agree the Ms. Johnston's property benefits from a deeded sewer easement across the Bradleys' property, but dispute whether the pipe actually lies within the intended easement. The Bradleys assert that the sewer pipe must be relocated; Ms. Johnston disagrees. After hearing from the parties, the Court ORDERS them to complete all discovery in this matter (both fact and expert) by November 15, 2022. The Court further ORDERS the parties to appear for a telephonic status conference on November 29, 2022, at 10:00 AM. A separate notice of status conference will issue. By agreement of the parties, the Court REFERS this case to REBA for mediation pre-screening. The Court PROHIBITS the parties from filing dispositive motions without leave of the Court. The parties agree to receive all notices from the Court by electronic mail. The parties further assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joseph Edward Nealon, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Defendant: John S Craig, Esq. [email protected] null: File Copy Sent On: 04/20/2022 13:47:23
  17. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 11/29/2022 Time: 10:00 AM
  18. DR Referral Form, filed.
  19. vent Resulted: Telephone Conference Call scheduled on: 11/29/2022 10:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  20. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 11/28/2022 Time: 11:30 AM
  21. vent Resulted: Status Conference scheduled on: 11/28/2022 11:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  22. elephonic status conference held. All parties appeared through counsel. Julie Johnston and the Bradleys were also present. After hearing from the parties, the Court DENIES Ms. Johnston's motion to allow additional discovery, for the reasons stated on the record. The Court ORDERS the Bradleys to provide, by December 2, 2022, answers to Ms. Johnston's interrogatories in a format that she will be able to open and read. The Court ORDERS Ms. Johnston to file, by December 9, 2022, any motions to compel discovery relating to her interrogatories to the Bradleys. The Court ORDERS the parties to appear by video conference for a pretrial conference on January 12, 2023, at 10:30 AM. A separate pretrial conference notice will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joseph Edward Nealon, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Defendant: John S Craig, Esq. [email protected] Sent On: 11/29/2022 08:05:19
  23. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 01/12/2023 Time: 10:30 AM
  24. otion to Continue the Pre Trial Hearing, filed.
  25. vent Resulted: Pre-Trial Conference scheduled on: 01/12/2023 10:30 AM Has been: Rescheduled For the following reason: Request of all Parties Hon. Michael D. Vhay, Presiding
  26. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 01/26/2023 Time: 11:45 AM
  27. ithdrawal of John S Craig, Esq. for Christine V. Bradley, Andrew G.B. Bradley, filed
  28. mail Request for Nisi Order, filed.
  29. he Court has received the parties' request for entry of a 90-day nisi order. The Court GRANTS the request and will issue the requested order. The Court CANCELS the January 26, 2023 pretrial conference in this matter. The Court ORDERS the parties to file by February 24, 2023, a joint report concerning what prevents them at that time from dismissing this case or filing an agreement for judgment. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joseph Edward Nealon, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Sent On: 01/19/2023 11:25:26
  30. vent Resulted: Pre-Trial Conference scheduled on: 01/26/2023 11:45 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Michael D. Vhay, Presiding
  31. Day Nisi Order issued. Returnable 04/19/2023.
  32. n January 19, 2023, this Court ordered the parties to file by February 24, 2023, "a joint report concerning what prevents them at that time from dismissing this case or filing an agreement for judgment." The parties did not file the report. The Court thus ORDERS the parties to show cause by March 10, 2023, why this case should not be dismissed with prejudice. The Court ADVISES the party that their failure to comply with this order will result in dismissal of this action, with prejudice. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joseph Edward Nealon, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Sent On: 03/03/2023 08:27:32
  33. oint Report, filed.
  34. tipulation of Dismissal Rule 41 (a)(1)(i), filed.

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