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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-07-13
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 34 entries

Parties

Plaintiff St. Louis, Lori
Defendant Pine Street Cemetery Association, Inc.

Lawyers

Docket Entries

  1. tipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 432469 Date: 07/13/2022
  4. and Court surcharge Receipt: 432469 Date: 07/13/2022
  5. and Court summons Receipt: 432469 Date: 07/13/2022
  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: Raymond W Zenkert, Jr., Esq. [email protected] null: File Copy Sent On: 07/19/2022 10:49:36
  8. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 08/16/2022 Time: 10:00 AM
  9. laintiff's Statement for Case Management, filed.
  10. he Court has reviewed Ms. St. Louis's case-management report. The Court ORDERS her to file with the Court promptly, by e-mail sent to the Sessions Clerk, a return of service on the Cemetery Association. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raymond W Zenkert, Jr., Esq. [email protected] Sent On: 08/15/2022 10:24:36
  11. ummons returned to Court with service on Pine Street Cemetery Association, Inc. filed.
  12. vent Resulted: Case Management Conference scheduled on: 08/16/2022 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  13. elephonic case management conference convened. Ms. St. Louis appeared through counsel. Pine Street Cemetery Association, Inc. did not appear. Ms. St. Louis was also present. St. Louis did serve the Association with notice of the conference, and the Court therefore ORDERS the parties to appear on August 31, 2022, at 10:30 AM, by telephone for a reconvened case management conference. A separate notice of case-management conference will issue. The Court St. Louis to (1) serve that notice promptly on the Association and (2) file by email with the Sessions Clerk no later than August 29, 2022, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raymond W Zenkert, Jr., Esq. [email protected] Sent On: 08/16/2022 11:15:57
  14. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 08/31/2022 Time: 10:30 AM
  15. laintiff's Certificate of Service, filed.
  16. ppearance of Ryan K O'Hara, Esq. for Pine Street Cemetery Association, Inc., filed
  17. oint Statement for Case Management, filed.
  18. vent Resulted: Case Management Conference scheduled on: 08/31/2022 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  19. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  20. elephonic case management conference and initial intervention event held. The parties appeared through counsel. Plaintiff Lori St. Louis claims defendant Pine Street Cemetery Association, without right, has been using a driveway that crosses her land. The Association claims it possesses a right of way to cross the land. The Association reported that it will file its answer to Ms. St. Louis's complaint by September 9, 2022. Having heard from the parties, the Court ORDERS them to submit by October 7, 2022 a joint report stating that the parties either: (1) have agreed to mediate the dispute (including the name of the chosen mediator and date of the mediation, if available); (2) have agreed to settle or are requesting additional time to discuss settlement; or (3) believe settlement is unlikely. The Court further ORDERS the Association, should it counterclaim for a declaration that it has an interest in Ms. St. Louis's property, to name as additional parties all mortgagees of that property, and to serve them promptly with process. The Court ORDERS Ms. St. Louis, should the Association counterclaim for a declaration that it has an interest in her property, to notify her title insurance carrier, if she has title promptly of the matter. The parties 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: Raymond W Zenkert, Jr., Esq. [email protected] Defendant: Ryan K O'Hara, Esq. [email protected] Sent On: 08/31/2022 15:28:24
  21. nswer, Affirmative Defenses, and Counterclaim of Pine Hill Cemetery Association, Inc., filed.
  22. oint Report of the Parties, filed.
  23. he Court has read the parties' joint report. The Court ORDERS the parties to file by October 21, 2022, a further report identifying the date of their mediation session. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raymond W Zenkert, Jr., Esq. [email protected] Defendant: Ryan K O'Hara, Esq. [email protected] Sent On: 10/06/2022 12:22:14
  24. oint Report of the parties, filed.
  25. he Court has reviewed the parties' joint report. The Court ORDERS the parties to file by November 2, 2022, a further status report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raymond W Zenkert, Jr., Esq. [email protected] Defendant: Ryan K O'Hara, Esq. [email protected] Sent On: 10/20/2022 14:01:25
  26. mail Status Report from Attorney Raymond Zenkert, received : "We have agreed to mediate on November 30. That was one of the dates that Judge Ford was available. We just sent the formal request for that date to the Hampden Bar. We should know shortly whether that's going to still work or not. If it does work, then Attorney O'Hara and I will send a formal joint report to you."
  27. he Court has reviewed the parties' mediation status report. The Court ORDERS the parties to file by December 2, 2022, a further report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raymond W Zenkert, Jr., Esq. [email protected] Defendant: Ryan K O'Hara, Esq. [email protected] Sent On: 11/07/2022 10:16:59
  28. oint Report of the Parties, filed.
  29. Day Nisi Order issued. Returnable 01/03/2023.
  30. oint Motion for Additional Thirty Days Extension of the Nisi Order, filed and ALLOWED (Vhay, J.). Nisi Order Returnable on 2/3/2023. Notice of Docket Entry sent to counsel of record by email.
  31. mail Report from Attorney Raymond Zenkert, filed.
  32. isi Order EXTENDED. Returnable 2/10.23.
  33. mail Notice from Attorney Raymond Zenkert, filed.
  34. tipulation of Dismissal, filed.

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