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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-02-07
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 57 entries
Disposition judgment

Parties

Plaintiff Sanborn, Jonathan L.|Sanborn, Sara L.
Defendant Varnum, Sr., Derek|Francis, Steven|Chipman, Mary A.

Lawyers

Docket Entries

  1. Certificate, filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 428254 Date: 02/07/2022
  4. Land Court surcharge Receipt: 428254 Date: 02/07/2022
  5. Land Court summons Receipt: 428254 Date: 02/07/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Plaintiff: Howard J Potash, Esq. [email protected] null: File Copy Sent On: 02/17/2022 13:46:58
  8. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 03/28/2022 Time: 09:30 AM
  9. Summons returned to Court with service on Derek Varnum, Sr. filed.
  10. Summons returned to Court with service on Mary A. Chipman filed.
  11. Summons returned to Court with service on Steven Francis filed.
  12. Case Management Conference Memorandum filed.
  13. Appearance of Damien D Berthiaume, Esq. for Derek Varnum, Sr., Steven Francis, Mary A. Chipman, filed
  14. Defendants' Answer and Counterclaim, filed.
  15. Event Resulted: Case Management Conference scheduled on: 03/28/2022 09:30 AM Has been: Held via video "March 28, 2022, Case Management Conference held via remote video. Attorneys Howard Potash and Damien Berthiaume appeared. Parties' lots abut a private way shown on a subdivision plan; the way is only partially used for access. Plaintiff claims title to the entire way by a deed from a third party; defendant claims title to the center line under the Derelict Fee Statute, G.L. c. 183, 58. Parties shall confer with each other and their respective title examiners. A Status Conference is scheduled for May 5, 2022, at 9:00am via ZOOM." (Notice of docket entry emailed to Attorneys of record) Hon. Robert B. Foster, Presiding
  16. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/05/2022 Time: 09:00 AM
  17. Joint Status Report, filed.
  18. Event Resulted: Status Conference scheduled on: 05/05/2022 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding
  19. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/02/2022 Time: 11:00 AM
  20. Joint Status Report, filed.
  21. Event Resulted: Status Conference scheduled on: 06/02/2022 11:00 AM Has been: Held via video "June 2, 2022. Status Conference held via remote video. Attorneys Howard Potash and Damien Berthiaume appeared. Plaintiff is still waiting on a title report. A Status Conference is scheduled for July 7, 2022, at 11:15am via ZOOM. " (Notice of docket entry emailed to Attorneys of record) Hon. Robert B. Foster, Presiding
  22. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/07/2022 Time: 11:15 AM
  23. Joint Status Report, filed.
  24. Notice of Docket Entry: Joint Status Report received and reviewed. The status conference is continued from July 7, 2022 to August 12, 2022 at 9:00 am. (Notice of docket entry emailed to Attorneys of record)
  25. Event Resulted: Status Conference scheduled on: 07/07/2022 11:15 AM Has been: Continued Hon. Robert B. Foster, Presiding
  26. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/12/2022 Time: 09:00 AM
  27. Joint Status Report, filed.
  28. Notice of Docket Entry: Joint Status Report received and reviewed. The status conference currently set down for August 12, 2022 is taken off the list. A further status report is due September 19, 2022. (Notice of docket entry emailed to Attorneys of record) Judge: Foster, Hon. Robert B.
  29. Event Resulted: Status Conference scheduled on: 08/12/2022 09:00 AM Has been: Canceled Hon. Robert B. Foster, Presiding
  30. Joint Status Report, filed.
  31. Notice of Docket Entry: Status report received and reviewed. A further status report is due October 20, 2022 (Notice of docket entry emailed to Attorneys of record) Judge: Foster, Hon. Robert B.
  32. March 22, 2024: Status report to be filed by April 10, 2024. (Foster J.). Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: Damien D Berthiaume, Esq. [email protected] Sent On: 03/22/2024 10:11:33
  33. Joint Status Report, filed.
  34. April 9, 2024. Joint Status Report received and reviewed. A further status report is due May 10, 2024. (Foster J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: Damien D Berthiaume, Esq. [email protected] Sent On: 04/09/2024 16:12:06
  35. Joint Status Report, filed.
  36. May 13, 2024. Joint Status Report received and reviewed. A further status report is due June 10, 2024. (Foster, J.) Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: Damien D Berthiaume, Esq. [email protected] Sent On: 05/13/2024 14:09:23
  37. Joint Status Report, filed.
  38. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/09/2024 Time: 10:00 AM
  39. Event Resulted: Status Conference scheduled on: 07/09/2024 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 9, 2024. Status Conference held via Zoom. Attorneys Howard Potash and Damien Berthiaume appeared. The parties report to the Court that they have not reached a settlement. Discovery is open and will close on September 9, 2024. A status conference is set down for September 10, 2024 at 10:15am by Zoom to discuss further steps. (Foster, J.)
  40. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: Damien D Berthiaume, Esq. [email protected] Sent On: 07/10/2024 09:56:54
  41. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 09/10/2024 Time: 10:15 AM
  42. Event Resulted: Status Conference scheduled on: 09/10/2024 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding September 10, 2024. Status Conference held via Zoom. Attorneys Howard Potash and Damien Berthiaume appeared. The parties report they still have not come to an agreement for a resolution of this case. With this information, the parties refers this matter to Land Court Mediator Barbara Macy. A status conference is set down for November 8, 2024 at 9:45am by Zoom where the parties will report mediation progress. In the event mediation is not successful, the Court will set down a briefing schedule or set down a pretrial conference. (Foster, J.)
  43. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: Damien D Berthiaume, Esq. [email protected] Sent On: 09/11/2024 09:53:52
  44. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 11/08/2024 Time: 09:45 AM
  45. Mediation referral to Attorney Barbara J. Macy, Land Court Mediator, issued. Referred to Mediation. Instructions to Mediator: N/A. Report back to Court on or before November 7, 2024. Judge: Foster, Hon. Robert B.
  46. Joint Status Report & Motion to Continue Status Conference, filed.
  47. November 6, 2024. Joint Status Report & Motion to Continue Status Conference received and reviewed. After review, the Motion to Continue is ALLOWED. The Status Conference set down for November 8, 2024 is continued to January 7, 2025 at 10:30am by Zoom. Attorney Macy's mediation report is now due on January 6, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Defendant: Damien D Berthiaume, Esq. [email protected] Sent On: 11/06/2024 11:12:20
  48. Event Resulted: Status Conference scheduled on: 11/08/2024 09:45 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  49. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 01/07/2025 Time: 10:30 AM
  50. Mediation report from Land Court mediation attorney, filed. Parties signed Agreement to Mediate. Parties have settled the case. Counsel, plaintiffs, and primary defendant have signed a Memorandum of Understanding, Three defendants have not yet. Judge: Foster, Hon. Robert B.
  51. Joint Motion for Entry of 30 Day NISI Dismissal Order, filed.
  52. Event Resulted: Status Conference scheduled on: 01/07/2025 10:30 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Robert B. Foster, Presiding
  53. 30 Day Nisi Order issued. Returnable 02/06/2025.
  54. Memorandum of Understanding, filed.
  55. Joint Motion to Approve Memorandum of Understanding, filed.
  56. Order Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorneys Howard Potash and Damien Berthiaume) Judge: Foster, Hon. Robert B.
  57. Agreement for Judgment approved by the Court.

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