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Case Information
Filed
2022-11-17
Status
Open
Type
Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket
43 entries
Parties
Plaintiff
La Bombard, Wayne F.|La Bombard, Anthony R.|Staiger, Bethany A.
Defendant
Cook, G. David|Cook, Justin C.
Lawyers
Docket Entries
- oint Status Report, filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 436018 Date: 11/17/2022
- and Court surcharge Receipt: 436018 Date: 11/17/2022
- and Court summons Receipt: 436018 Date: 11/17/2022
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- ummons returned to Court with service on G. David Cook filed.
- vent Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 01/26/2023 Time: 02:30 PM
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Paul Michael Sushchyk, Esq. [email protected] Sent On: 01/05/2023 12:15:44
- nswer to Complaint and Counterclaim, filed.
- vent Resulted: Case Management Conference scheduled on: 01/26/2023 02:30 PM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Howard P. Speicher, Presiding
- nswer of Defendants to Counterclaim, filed.
- mended Joint Case Management Statement, filed.
- vent Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 06/07/2023 Time: 11:15 AM
- ase management conference held by videoconference. Early intervention event held. Attorney Paul Sushchyk appeared for the plaintiffs. Defendant David Cook appeared pro se. The court encouraged settlement discussions and encouraged Mr. Cook to engage legal counsel. Deadline for all discovery, including expert disclosures and depositions, is January 30, 2024.
- lternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
- ppearance of Richard H Maynard, Esq. for G. David Cook, filed
- cheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 12/19/2024 Time: 10:15 AM
- laintiff's Status Memorandum, filed.
- tatus conference held by videoconference. Attorney Paul Michael Sushchyk appeared for the plaintiff. Attorney Richard Maynard appeared for the defendant. Plaintiff intends to pursue a new theory of the case based on a recent title examination report. Attorney Sushchyk to file a motion to amend by January 9, 2025. Attorney Maynard to file any opposition by January 16, 2025. A hearing on the motion to be held on January 23, 2025.
- cheduled Judge: Speicher, Hon. Howard P. Event: Motion to Amend Date: 01/23/2025 Time: 11:30 AM
- laintiff's Motion to Amend Complaint, filed.
- mended Complaint, filed.
- laintiffs' Motion to Allow Filing of Revised Amended Complaint, filed.
- emorandum of Law in support of Plaintiffs' Motion to Allow Filing of Revised Amended Complaint,filed.
- evised Amended Verified Complaint, filed.
- efendant's Opposition in Partition to Plaintiffs' Motion to Allow filing of Revised Amended Complaint,filed.
- emorandum of Law in support of Defendant's Opposition in Partition to Plaintiffs' Motion to Allow filing of Revised Amended Complaint,filed.
- earing on motion to amend held by video conference. Attorney Paul Sushchyk appeared for the plaintiff. Attorney Richard Maynard appeared for the defendant. The motion to amend is ALLOWED. Discovery is extended through April 30, 2025 for the limited purpose of document production and interrogatories related to the new count alleging record title ownership by the plaintiff. Following the close of discovery the parties are to contact Sessions Clerk Emily Rosa to schedule a pre-trial conference.
- ppearance of Howard J Potash, Esq. for Wayne F. LaBombard, Anthony R. LaBombard, Bethany A. Staiger, filed
- nswer to Revised Amended Verified Complaint and Counterclaim,filed.
- ummons returned to Court with service on Justin C. Cook filed.
- otice of Docket Entry: On January 23, 2025, after hearing Plaintiffs' Motion to Amend their Verified Complaint, the Court (Speicher, J.) allowed the Motion, extended the discovery deadline to April 30, 2025, and directed the parties to contact the Sessions Clerk at the close of discovery to request a Pre-Trial Conference. Such request having been made by Plaintiffs' counsel, a Pre-Trial Conference Notice and Order shall issue, directing the parties to appear in person for a pre-trial conference on June 17, 2025, at 11:00 a.m. Notice of Docket Entry was generated and sent to: Plaintiff: Paul Michael Sushchyk, Esq. [email protected] Defendant: Richard H Maynard, Esq. [email protected] Sent On: 05/05/2025 10:52:15
- cheduled Judge: Turano-Flores, Hon. Sarah A. Event: Pre-Trial Conference Date: 06/17/2025 Time: 11:00 AM
- nswer of Defendants to Counterclaim, filed.
- otice of Docket Entry: The Pre-Trial Conference presently scheduled for July 8, 2025, is rescheduled until August 7, 2025, at 10:00 a.m., via video conference. The Pretrial Conference Notice and Order remains in effect, and the parties' joint Pretrial Conference Memorandum remains due one week before the rescheduled conference, or on or before July 30, 2025. So ordered. Notice sent.
- vent Resulted: Pre-Trial Conference scheduled on: 07/08/2025 11:00 AM Has been: Rescheduled Hon. Sarah A. Turano-Flores, Presiding
- cheduled Judge: Turano-Flores, Hon. Sarah A. Event: Pre-Trial Conference Date: 08/07/2025 Time: 10:00 AM
- oint Pre-Trial Memorandum, filed.
- otice of Docket Entry: Pre-trial conference held by videoconference. Attorneys Paul Sushchyk and Howard Potash appeared for the plaintiffs. Attorneys Richard Maynard appeared for the defendants. The court discussed with the parties their readiness for trial. Counsel identified the issues to be tried and reviewed the anticipated witnesses and exhibits. The court discussed with the parties the possibility of trying the case using Land Court Rule 14. The court explained that, if both parties agree to submit the case to the Rule 14 process, they would not need to hire a stenographer, would not need to file any post-trial submissions, and would receive a decision immediately after the close of evidence. The court further explained that both parties must agree to partake in the Rule 14 process, and that they would have to file the stipulation described in the rule, prior to trial. The court further discussed the appeal standard applicable to Rule 14 decisions, which is different from the appeal standard applied to a full decision with written factual findings. The court further reviewed general trial mechanics, including the fact that trial will be held, in person, each day at the Land Court within the Suffolk County Courthouse, from 9:30 a.m. until 4:15 p.m. The parties will be responsible for hiring a court stenographer and sharing the costs of preparing transcripts (if the case is not submitted using Land Court Rule 14). The parties will be required to create three separate Exhibit Books: i) one containing all Agreed Exhibits, with the Agreed Statement of Facts as the first Exhibit; ii) one containing Plaintiff's Contested Exhibits; and iii) one containing Defendant's Contested Agreements. Three duplicate sets of these Exhibit Books will be ordered filed one week prior to trial (one for the bench, one for the stenographer (if there is one), and one for the witness stand). Counsel both confirmed that two full days of trial should be sufficient, with a separate day set aside for a View. The court further discussed the possibility of conducting hearings on any Motions in Limine, on the same day as the View, preferably in a courtroom local to the subject properties. The court tentatively scheduled the View and Trial for February 10, 11, and 12, 2026. The parties are ORDERED, on or before August 14, 2025, to confer and file a further Joint Status Report, confirming that all witnesses are available for trial on February 10, 11 and 12, 2026 (and, if not, suggesting further dates for trial when all parties and witnesses are available). The Report should further confirm whether the parties wish to proceed pursuant to Land Court Rule 14, or not. The parties should also include in the Report their intentions with regard to filing Motions to Dismiss the plaintiffs' title claims and the defendants' tort claims and any claims seeking damages. The parties should further indicate whether they anticipate filing any Motions in Limine, so the court can attempt schedule the same for hearing on the same day of the View, at a local courthouse. Once the further Joint Status Report is filed, the court will issue a further Order in Advance of Trial, detailing the final mechanics and schedule for Trial. So Ordered. Notice of Docket Entry was generated and sent to: Plaintiff: Paul Michael Sushchyk, Esq. [email protected] Plaintiff: Howard J Potash, Esq. [email protected] Defendant: Richard H Maynard, Esq. [email protected] Sent On: 08/07/2025 16:15:12
- cheduled Judge: Turano-Flores, Hon. Sarah A. Event: Trial Date: 03/19/2026 Time: 09:30 AM
- cheduled Judge: Turano-Flores, Hon. Sarah A. Event: Trial Date: 03/20/2026 Time: 09:30 AM
- cheduled Judge: Turano-Flores, Hon. Sarah A. Event: Trial Date: 03/23/2026 Time: 09:30 AM
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