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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-10-06
Status Open
Type Mth Complaint Transferred To Land Court Under Chapter 212, § 26 A
Docket 59 entries

Parties

Plaintiff Mc Dowell, Michael|Mc Dowell, Renee
Defendant Salamanca, Marissa

Lawyers

Docket Entries

  1. Case Transferred to the Land Court inder Chapter 212, § 26A.
  2. Complaint filed.
  3. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 10/22/2021 Time: 10:00 AM
  4. Event Resulted: Case Management Conference scheduled on: 10/22/2021 10:00 AM Has been: Rescheduled at Attorney Dane's emailed request. Hon. Jennifer S.D. Roberts, Presiding
  5. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 11/02/2021 Time: 09:00 AM
  6. Initial Case Management Report, filed by email.
  7. Event Resulted: Case Management Conference scheduled on: 11/02/2021 09:00 AM Has been: Held via video. Attorney Henry J. Dane appeared for plaintiffs and Attorney Jeffrey B. Loeb appeared for defendants. The court advised Attorney Loeb that, based upon its preliminary review of the 1996 deed conveying defendant's property, the deed clearly references plaintiffs' use easement and the plan on which that easement is delineated, so that the issue in the case appears to be the scope of the easement contained in that deed, not whether the easement exists at all. The foregoing considered, the court inquired of the parties how much time would be necessary for the parties to conduct discovery related to the circumstances existing at the time of the 1996 conveyance. Attorney Loeb requested ninety days for discovery. Attorney Dane expressed his belief that this case turns on the court's interpretation of the recorded documents. The court set a discovery deadline of February 2, 2022 and scheduled a further Status Conference for February 8, 2022 at 9:00 a.m., to be held via Zoom. Email notice to: Attorney Henry J. Dane and Attorney Jeffrey B. Loeb.
  8. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 02/08/2022 Time: 09:00 AM
  9. Appearance of Margaret R Stolfa, Esq. for Michael McDowell, Renee McDowell, filed
  10. Event Resulted: Status Conference scheduled on: 02/08/2022 09:00 AM Has been: Held via video. Attorney Margaret R. Stolfa appeared for plaintiffs and Attorney Jeffery B. Loeb appeared for defendant. Attorney Stolfa requested that discovery be reopened as she was recently retained in this matter. Attorney Stolfa reported that she anticipates conducting limited paper discovery and would like to depose the prior owners of the property at issue. Attorney Loeb did not object to reopening discovery. The court set a new discovery deadline of April 8, 2022 and scheduled a further Status Conference for April 7, 2022 at 2:00 p.m., to be held via Zoom. Email notice to: Attorney Margaret R. Stolfa and Attorney Jeffery B. Loeb.
  11. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Margaret R Stolfa, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected] null: File Copy Sent On: 02/11/2022 13:37:07
  12. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 04/07/2022 Time: 02:00 PM Email notice to: Margaret R. Stolfa and Attorney Jeffrey B. Loeb.
  13. Withdrawal of Henry J Dane, Esq. for Michael McDowell, Renee McDowell, filed
  14. Notice of Corrected Certificate of Service, filed.
  15. Event Resulted: Status Conference scheduled on: 04/07/2022 02:00 PM Has been: Held via video. Attorney Margaret R. Stolfa appeared for plaintiffs and Attorney Jeffrey B. Loeb appeared for the defendant. In response to the court's inquiry, counsel jointly reported that discovery in this matter is complete. Attorney Loeb indicated that he believes this case would be appropriately resolved via summary judgment, or in the alternative via a summary decision pursuant to Land Court Rule 14. Attorney Stolfa responded that she believes summary judgment is appropriate in this case, and is prepared to file her summary judgment materials in thirty days. The court declined to set a briefing schedule. Rather, when Attorney Stolfa files her motion all further briefing will be governed by Land Court Rule 4. The court scheduled a hearing on the forthcoming motion(s) for summary judgment for September 28, 2022 at 2:00 p.m., to be held via Zoom. If an earlier hearing date becomes available, the court will inform the parties. Email notice to: Attorney Margaret R. Stolfa and Attorney Jeffrey B. Loeb. Hon. Jennifer S.D. Roberts, Presiding
  16. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Margaret R Stolfa, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected] null: File Copy Sent On: 04/08/2022 11:09:53
  17. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Motion(s) for Summary Judgment VIA ZOOM Date: 09/28/2022 Time: 02:00 PM Email notice to: Attorney Margaret R. Stolfa and Attorney Jeffrey B. Loeb.
  18. Appearance of Tara E Lynch, Esq., Rebecca L Gobeil, Esq. for Michael McDowell, Renee McDowell, filed
  19. Withdrawal of Margaret R Stolfa, Esq. for Michael McDowell, Renee McDowell, filed
  20. Plaintiffs' Motion for Summary Judgment, filed by email.
  21. Plaintiffs' Memorandum of Law In Support of Their Motion for Summary Judgment, filed by email.
  22. Massachusetts Land Court Rule 4 Statement of Material Facts In Support the Plaintiffs, Michael and Renee McDowell's Motion for Summary Judgment, filed by email.
  23. Plaintiffs, Michael and Renee McDowell's Appendix In Support of Their Motion for Summary Judgment, filed by email.
  24. Sessions Clerk email to Attorney Lynch: Please be advised that the following exhibits contained in appendix attached to Plaintiffs' Motion For Summary Judgment require authentication, Exs. C, H, M, O, P, Q, R, S, T, and U. See Mass. G. Evid. § 901; Mass. R. Civ. P. 56 (e). Defendant's response period to the Motion will not begin until these issues have been corrected. Email notice to: Attorney Tara E. Lynch; Attorney Rebecca L. Gobeil; and Attorney Jeffrey B. Loeb.
  25. Supplemental Affidavit of Michael McDowell, filed by email.
  26. Defendant's Assented To Motion to Extend Time to Respond to Plaintiffs' Motion for Summary Judgment (to Friday, July 8, 2022), filed by email.
  27. Defendant's Assented To Motion to Extend Time to Respond to Plaintiffs' Motion for Summary Judgment (to Friday, July 8, 2022) ALLOWED. Email notice to: Attorney Tara E. Lynch; Attorney Rebecca L. Gobeil; and Attorney Jeffrey B. Loeb. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Tara E Lynch, Esq. [email protected] Plaintiff: Rebecca L Gobeil, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected] null: File Copy Sent On: 06/29/2022 10:54:07
  28. Defendant's Supplemental Appendix, filed by email.
  29. Defendant's Opposition to the Plaintiffs' Motion for Summary Judgment, filed by email.
  30. Statement of Material Facts, filed by email.
  31. Plaintiffs, Michael and Renee McDowell's, Reply Memorandum In Support of Their Motion for Summary Judgment, filed by email.
  32. Plaintiffs, Michael and Renee McDowell's, Supplemental Appendix In Support of Their Motion for Summary Judgment, filed by email.
  33. Event Resulted: Motion for Summary Judgment scheduled on: 09/28/2022 02:00 PM Has been: Held via video. Attorney Tara E. Lynch appeared for plaintiffs and Attorney Jeffrey B. Loeb appeared for defendant. After hearing argument in favor of, and in opposition to, the Motion, the court gave the plaintiff the opportunity to file a motion for leave of court to amend the complaint. The court set the deadline to file the motion to amend the complaint for October 12, 2022, with any opposition thereto due by October 21, 2022. If the motion to amend the complaint is granted, an answer to the amended complaint will be due within twenty days thereof. The court further gave the parties the opportunity to provide supplemental briefing regarding the language of the deeds in question with respect to the attendant circumstances at the time of their creation. The court set the deadline for plaintiff's supplemental brief of January 16, 2023, with any opposition thereto due by February 16, 2023. The court CONTINUED this hearing to April 26, 2023 at 2:00 p.m., to be held via videoconference. Email notice to: Attorney Tara E. Lynch and Attorney Jeffrey B. Loeb. Hon. Jennifer S.D. Roberts, Presiding
  34. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Tara E Lynch, Esq. [email protected] Plaintiff: Rebecca L Gobeil, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected]
  35. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Continued Motion for Summary Judgment VIA ZOOM Date: 04/26/2023 Time: 02:00 PM Email notice to: Attorney Tara E. Lynch; Attorney Rebecca L. Gobeil; and Attorney Jeffrey B. Loeb.
  36. Plaintiffs' Assented To Motion to Extend Time to File Motion for Leave to Amend The Complaint Up To and Including October 19, 2022, filed by email.
  37. Plaintiffs' Assented To Motion to Extend Time to File Motion for Leave to Amend The Complaint Up To and Including October 19, 2022 ALLOWED. Email notice to: Attorney Tara E. Lynch; Attorney Rebecca L. Gobeil; and Attorney Jeffrey B. Loeb. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Tara E Lynch, Esq. [email protected] Plaintiff: Rebecca L Gobeil, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected] Sent On: 10/11/2022 13:02:33
  38. Plaintiffs' Motion for Leave to Amend the Complaint, filed by email. (Note: [Proposed] First Amended Complaint for Declaratory, Injunctive, and Equitable Relief submitted).
  39. Plaintiffs' Memorandum of Law In Support of Their Motion for Leave to Amend the Complaint, filed by email.
  40. Defendant's Opposition to Plaintiffs' Motion for Leave to Amend Complaint, filed by email.
  41. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Hearing Date: 11/18/2022 Time: 10:00 AM (by videoconference)
  42. Event Resulted: Hearing on Plaintiffs' Motion for Leave to Amend Complaint ("the Motion") scheduled on: 11/18/2022 10:00 AM Has been: Held via video. Attorney Tara Lynch appeared for plaintiffs and Attorneys Jeffrey Loeb and Ashley Berger appeared for defendant. After hearing argument, the court ALLOWED the Motion. The court set a December 8, 2022 deadline for defendant to file an answer to the amended complaint. The court scheduled a further Status Conference for December 14, 2022 at 9:00 a.m., to be held via videoconference at which time the necessity of further discovery will be addressed. The court vacated the January 16, 2023 and February 16, 2023 briefing schedule. Email notice to: Attorney Tara Lynch; Attorney Jeffrey Loeb; and Attorney Ashley Berger. Hon. Jennifer S.D. Roberts, Presiding
  43. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Tara E Lynch, Esq. [email protected] Plaintiff: Rebecca L Gobeil, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected]
  44. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 12/14/2022 Time: 09:00 AM Email notice to: Attorney Tara E. Lynch; Attorney Rebecca L. Gobeil; Attorney Jeffrey B. Loeb; and Attorney Ashley Berger.
  45. First Amended Complaint for Declaratory, Injunctive, and Equitable Relief, filed by email.
  46. Appearance of Ashley M Berger, Esq. for Marissa Salamanca, filed
  47. Defendant's Answer to Plaintiffs' First Amended Complaint for Declaratory, Injunctive and Equitable Relief, filed by email.
  48. Event Resulted: Status Conference scheduled on: 12/14/2022 09:00 AM Has been: Held via video. Attorney Tara E. Lynch appeared for plaintiffs and Attorney Jeffrey B. Loeb appeared for defendant. In response to the court's inquiry, Attorney Lynch requested a brief discovery period. Attorney Loeb agreed. The court set a new discovery deadline for April 30, 2023. Continued Motion for Summary Judgment hearing via videoconference scheduled April 26, 2023 at 2:00 PM is VACATED. Further Status Conference for May 3, 2023 at 9:00 a.m., to be held via videoconference. Email notice to: Attorney Tara E. Lynch and Attorney Jeffrey B. Loeb. Hon. Jennifer S.D. Roberts, Presiding
  49. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Tara E Lynch, Esq. [email protected] Plaintiff: Rebecca L Gobeil, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected] Defendant: Ashley M Berger, Esq. [email protected]
  50. Event Resulted: Motion scheduled on: 04/26/2023 02:00 PM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
  51. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 05/03/2023 Time: 09:00 AM Email notice to: Attorney Tara E. Lynch; Attorney Rebecca L. Gobeil; Attorney Jeffrey B. Loeb; and Attorney Ashley Berger.
  52. Event Resulted: Status Conference scheduled on: 05/03/2023 09:00 AM Has been: Held via video. . Attorney Tara E. Lynch appeared for plaintiffs and Attorneys Jeffrey B. Loeb and Ashley M. Berger appeared for defendants. In response to the court's inquiry, Attorney Lynch reported that discovery is complete and that the parties have agreed to mediation, and requested time to effectuate that. Attorney Lynch further requested that a hearing date for the summary judgment motion be scheduled now should the mediation fail to produce an agreement. Attorney Loeb agreed with this assessment. Accordingly, the court scheduled a summary judgment hearing for December 6, 2023 at 2:00 p.m., to be held via videoconference. The briefing schedule will be governed by Land Court Rule 4. The court will inform the parties if an earlier date becomes available. Email notice to: Tara E. Lynch; Attorney Jeffrey B. Loeb; and Attorney Ashley M. Berger. Hon. Jennifer S.D. Roberts, Presiding
  53. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Tara E Lynch, Esq. [email protected] Plaintiff: Rebecca L Gobeil, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected] Defendant: Ashley M Berger, Esq. [email protected]
  54. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Summary Judgment Hearing VIA ZOOM Date: 12/06/2023 Time: 02:00 PM Email notice to: Attorney Tara E. Lynch; Attorney Rebecca L. Gobeil; Attorney Jeffrey B. Loeb; and Attorney Ashley Berger.
  55. Withdrawal of Rebecca L Gobeil, Esq. for Michael McDowell, Renee McDowell, filed
  56. Event Resulted: Summary Judgment Hearing scheduled on: 12/06/2023 02:00 PM Has been: Vacated by the Court after reading the emailed Joint Status Report by parties. Status Conference via Zoom scheduled January 11, 2024 at 9:00 AM. Hon. Jennifer S.D. Roberts, Presiding
  57. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 01/11/2024 Time: 09:00 AM Email notice to: Attorney Tara E. Lynch; Attorney Jeffrey B. Loeb; and Attorney Ashley M. Berger.
  58. Event Resulted: Status Conference scheduled on: 01/11/2024 09:00 AM Has been: Held via video. Attorney Tara E. Lynch appeared for the plaintiffs and Attorney Jeffrey B. Loeb appeared for the defendant. Attorney Lynch reported that an application for zoning variances has been filed and that they are awaiting a hearing. If the zoning variances are granted, a subdivision application will be submitted. Both of these steps are prerequisites set out in the memorandum of understanding signed by the parties and Attorney Lynch estimated it will take at least three months for the case to come to a resolution. Attorney Loeb concurred. The court set a further status conference for May 10, 2024 at 9:00 a.m. with the hopeful expectation that the date will not be necessary if the case is resolved before then. Email notice to: Attorney Tara E. Lynch and Attorney Jeffrey B. Loeb. Hon. Jennifer S.D. Roberts, Presiding
  59. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Tara E Lynch, Esq. [email protected] Defendant: Jeffrey B Loeb, Esq. [email protected] Defendant: Ashley M Berger, Esq. [email protected]

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