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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-05-17
Status Open
Type E Filed Cer Enforce Restrictions, G.l. Chapter 240, 10 A 10 C
Docket 92 entries

Parties

Plaintiff Pioneer Investments Llc
Defendant Morocho, Juan|Morocho, Segundo A

Lawyers

Docket Entries

  1. Order in Advance of Trial, issued. (Copies emailed to Attorneys Samuel Grossack, Christopher Callanan, and Alexander Cloherty) Judge: Vhay, Hon. Michael D.
  2. Land Court surcharge Receipt: 450525 Date: 05/17/2024
  3. Case assigned to the Average Track per Land Court Standing Order 1:04.
  4. Complaint eFiled.
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent.
  7. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 06/21/2024 Time: 12:00 PM
  8. Appearance of Samuel Grossack, Esq. for Pioneer Investments Llc, filed
  9. Withdrawal of Joel J Votolato, Esq. for Pioneer Investments Llc, filed
  10. Event Resulted: Case Management Conference scheduled on: 06/21/2024 12:00 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  11. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  12. Telephonic case management conference and initial intervention event held. Both parties appeared through counsel. As plaintiff Pioneer Investments couldn't establish that defendant Juan Morocho had been served with the case-management conference notice, and as the parties hadn't complied with their obligations under the notice to confer and prepare a joint conference statement, the Court CONTINUES the conference to 12:30 PM on July 19, 2024. A separate case-management conference notice will issue, and the Court ADVISES the parties that they must comply with the notice unless they seek advance leave from the Court. The Court ORDERS Mr. Morocho to include in the joint conference report an update on his possible title-insurance coverage. The Court GRANTS Mr. Morocho leave to file by July 15, 2024, his answer or other responsive pleading. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Samuel Grossack, Esq. [email protected] Sent On: 06/21/2024 16:08:36
  13. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/19/2024 Time: 12:30 PM
  14. Appearance of David Perry, Esq. for Juan Morocho, filed
  15. Summons returned to Court with service on Juan Morocho filed.
  16. Joint Statement, filed.
  17. Combined Rule 12 Motion to Dismiss, filed.
  18. Brief in Support of Rule 12 (b)(6) Motion to Dismiss, filed.
  19. Memorandum in Support of Dismissal Under Rule 12 (b)(7), filed.
  20. The Court has received Mr. Morocho's Motion to Dismiss. The Court ORDERS Pioneer Investments to file by July 29, 2024, either an amended complaint or an opposition to the motion. The Court CANCELS the July 19, 2024, case-management conference in this matter. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 07/15/2024 14:21:54
  21. Event Resulted: Case Management Conference scheduled on: 07/19/2024 12:30 PM Has been: Canceled Hon. Michael D. Vhay, Presiding
  22. Plaintiff Motion to Extend Filing Date for Opposition to Motion to Dismiss or Amend Complaint (for 30 Days), filed.
  23. The Court GRANTS Plaintiff's motion for an extension of time. The Court will not grant further extensions on account of a change in counsel unless new counsel has filed an appearance. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 07/26/2024 09:04:13
  24. First Amended Complaint, filed.
  25. In light of the filing of Pioneer's First Amended Complaint, the Court DENIES Juan Morocho's motion to dismiss without prejudice to his filing a motion that's responsive to the amended complaint. The Court ORDERS the parties to appear by telephone for a case-management conference on September 17, 2024 at 11:30 AM. A separate notice of telephone conference will issue. The Court ORDERS Pioneer to serve promptly on Segundo Morocho a summons, a copy of the amended complaint, and a copy of the case-management-conference order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 08/27/2024 15:51:03
  26. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 09/17/2024 Time: 11:30 AM
  27. Motion for Appointment of Special Process Server Under Rule 4C, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  28. Appearance of Christopher A Callanan, Esq. for Pioneer Investments LLC, filed
  29. Case Management Conference Joint Statement, filed.
  30. Answer of Defendant Juan Morocho to Second Amended Complaint, filed.
  31. Event Resulted: Case Management Conference scheduled on: 09/17/2024 11:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  32. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  33. Telephonic case management conference and initial intervention event held. Plaintiff Pioneer Investments LLC and defendant Juan Morocho appeared through counsel. Defendant Segundo Morocho did not appear. Pioneer claims the Morochos unreasonably restricted access to a shared driveway, rights to which Pioneer claims by a deeded easement. Juan Morocho concedes that Pioneer has an easement but claims its location is uncertain. The Court ORDERS the parties to submit by October 18, 2024, a joint report stating that the parties either have agreed to a settlement, are still discussing settlement, or have concluded that settlement is unlikely at this time. The Court further ORDERS Pioneer to file by October 18, 2024, a return of service on Segundo Morocho or a report on Pioneer's efforts to serve him. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 09/17/2024 13:17:37
  34. Summons returned to Court with service on Segundo A. Morocho filed.
  35. Interim Progress Report by the Parties per Court Order, filed.
  36. The Court has reviewed the parties' latest report. While the report suggests the parties are likely to settle their underlying easement dispute, the report also suggests that the parties won't be resolving as part of that settlement a claim by Mr. Morocho for attorney's fees. If that's the case, the Court ORDERS Mr. Morocho to file by November 1, 2024, a motion for an award of attorney's fees on whatever grounds he thinks he's entitled to them. The Court ORDERS Pioneer Investments to file by November 15, 2024, any opposition to the motion, should one be filed. The Court otherwise ORDERS the parties to file by November 15, 2024, a further joint settlement-status report. If at that time the parties have not received the "survey map" described in today's status report, the next report must identify the parties' surveyor and the surveyor's estimate of when the "map" will be ready. The Court further DIRECTS the Recorder to enter the default of defendant Segundo Morocho in this action. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 10/18/2024 14:33:06
  37. Defendant Segundo A Morocho defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  38. Defendant's Motion for Costs under G.L.ch. 231, 6F, filed.
  39. Exhibit A, filed.
  40. Exhibit B, filed.
  41. Defendant Segundo Morocho's Motion to Remove his Default, filed.
  42. Defendant Segundo Morocho's Motion to Remove his Default - Exhibit A, filed.
  43. The Court has received Segundo Morocho's motion to remove his default. The Court ORDERS Pioneer Investments to file by November 21, 2024, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 11/15/2024 07:36:30
  44. Plaintiff Pioneer Investment, LLC's Opposition to the Defendant's Motion for Fees and Cost Pursuant to Mass. Gen. Law C. 231, 6F, filed.
  45. Plaintiff Pioneer Investment, LLC's Opposition to the Defendant's Motion for Fees and Cost Pursuant to Mass. Gen. Law C. 231, 6F - Exhibits, filed.
  46. Joint Status Report, filed.
  47. The Court has reviewed the parties' status report. The Court ORDERS the parties to file by November 30, 2024, an agreement for judgment or a further settlement status report. The Court will take no action on the pending motion for attorney's fees until November 30, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 11/15/2024 15:10:50
  48. Without objection, the Court GRANTS Segundo Morocho's motion to vacate the default against him in this case. The Court ORDERS Segundo to file by November 29, 2024, his answer to Pioneer's complaint. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 11/26/2024 09:57:40
  49. Answer of Defendant Segundo Morocho to First Amended Complaint, filed.
  50. Joint Status Report, filed.
  51. The Court has reviewed Juan Morocho's motion for an award of attorney's fees under c. 231, sec. 6F and Pioneer's opposition to the motion. The Court DENIES the motion, as Mr. Morocho has failed to show that Pioneer's claims in its original complaint were "wholly insubstantial, frivolous and not advanced in good faith." The Court ORDERS the parties to appear for a telephonic status conference on December 11, 2024, at 11:00 AM to set a deadline for the parties to complete all discovery in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 12/02/2024 08:41:27
  52. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 12/11/2024 Time: 11:00 AM
  53. Event Resulted: Status Conference scheduled on: 12/11/2024 11:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  54. Status conference held by telephone. The parties appeared through counsel. After hearing from the parties, the Court ORDERS them to complete all discovery (both fact and expert) by March 31, 2025. The Court further ORDERS the parties to appear on April 7, 2025, at 9:00 AM for a telephonic status conference. A separate notice of conference will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 12/11/2024 11:20:14
  55. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 04/07/2025 Time: 09:00 AM
  56. Event Resulted: Status Conference scheduled on: 04/07/2025 09:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  57. Status conference held by telephone. The parties appeared through counsel. The parties reported that the principal remaining issues concern the scope and extent of Pioneer's claimed easement, issues that are ripe for summary judgment. The Court thus ORDERS Pioneer Investments to file by May 9, 2025, a motion for summary judgment, in accordance with Mass. R. Civ. P. Rule 56 and Land Court Rule 4, on those issues. The Court ORDERS the Morochos to file by May 23, 2025, a cross-motion for summary judgment and any opposition to the Pioneer Investments' motion for summary judgment. The Court ORDERS Pioneer Investments to file by June 13, 2025, any opposition to the Morochos' cross-motion. The Court also ORDERS the parties to prepare and file by May 9, 2025, a joint pre-trial conference memorandum concerning Pioneer's damages claims. That memorandum must (1) briefly describe the damages issues and defenses; (2) describe all factual issues, including (a) a statement of agreed facts and (b) a statement of contested facts with a brief statement of the parties' positions on those facts; (3) list all fact witnesses, including the name, address, preferred honorific, and preferred pronouns of each witness and a brief statement of their expected testimony; (4) list all expert witnesses, including the name, address, preferred honorific, preferred pronouns, the area of expertise of each witness, a brief statement of their expected testimony, and whether there will be an objection to that witness' expected testimony and the basis for that objection; (5) list all agreed exhibits, with identifying information; and (6) list all contested exhibits identifying the party introducing the evidence and the basis for and explanation of the opposing parties' objections. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 04/08/2025 07:58:13
  58. Plaintiff's Motion for Summary Judgment, filed.
  59. Plaintiff's Memorandum of Law in Support of Motion for Summary Judgment, filed.
  60. Plaintiff's Statement of Material Fact in Support of Motion for Summary Judgment, filed.
  61. Appendix of Exhibits, filed.
  62. Joint Pre-Trial Memorandum, filed.
  63. Pioneer has filed a "Joint Pre-Trial Memorandum" that isn't one: it sets forth only Pioneer's position on certain issues. The Court REJECTS the Memorandum and orders all parties to file a joint memorandum by May 16, 2025. The Court ADVISES Defendants that if they fail to facilitate the filing of a joint memorandum by that date, the Court may prevent Defendants from introducing any evidence relating to Pioneer's claims at any damages trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 05/09/2025 15:53:22
  64. Notice with Respect to the Court's Threatened Sanction, filed.
  65. Joint Pre-Trial Memorandum, filed.
  66. Defendants' Additional Statement of Fact, filed.
  67. Defendants' Response to the Moving Party's Statement of Facts, filed.
  68. Defendants' Opposition to the Plaintiff's Motion for Summary Judgment, filed.
  69. Defendants' Brief in Support of their Opposition, filed.
  70. Defendants' Cross-Motion for Partial Summary Judgment, filed.
  71. Brief in Support of Defendants' Cross-Motion, filed.
  72. Defendants' Appendix of Exhibits, filed.
  73. Plaintiff's Opposition to Defendants' Motion for Summary Judgment, filed.
  74. Plaintiff's Response to Defendant's Additional Statement of Fact, filed.
  75. Scheduled Judge: Vhay, Hon. Michael D. Event: Summary Judgment Hearing Date: 07/08/2025 Time: 02:30 PM
  76. Event Resulted: Summary Judgment Hearing scheduled on: 07/08/2025 02:30 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  77. Hearing held by Zoom on the parties' cross-motions for summary judgment. The parties appeared through counsel. The Morochos conceded during the hearing that Pioneer's twelve-foot easement extends at least 57.25 feet south of Peckham Street, along the eastern side of 465 Peckham Street and the property's boundary with 485 Peckham Street (the "Easement"). The Morochos further conceded that a locked gate they placed at the northern end of the Easement, just south of a sidewalk that runs on the south side of Peckham Street (the "Gate"), prevents Pioneer from using the Easement when the Gate is locked. While the Court is taking the parties' cross-motions under advisement, in light of the Morochos' concessions, the Court ORDERS the Morochos by July 15, 2025, to unlock the Gate. The Court further ENJOINS the Morochos, their agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, once the Gate is unlocked, from re-locking the Gate or otherwise interfering with Pioneer's use of the Easement along its conceded 57.25-foot length. A person who violates the preceding two sentences of this order will be subject to a fine of $100 per day, per violation. The Court further ORDERS Pioneer Investments to file by August 8, 2025, a memorandum containing legal authorities that show that the Morochos' interference with the Easement (whether that easement is 57.25 feet or 72 feet long) entitles Pioneer to each type of damages listed in paragraph 1(a) of the parties' Joint Pretrial Memorandum. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Defendant: David Perry, Esq. [email protected] Sent On: 07/09/2025 07:44:47
  78. Order on Cross-Motions for Summary Judgment, issued. (Copies emailed to Attorneys Christopher Callanan, Samuel Grossack, and David Perry) Judge: Vhay, Hon. Michael D.
  79. Motion to Extend Filing Deadline (to August 29, 2025), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  80. Plaintiff's Memorandum of Law in Support of Damages, filed.
  81. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 09/24/2025 Time: 10:00 AM
  82. Appearance of Alexander Paul Cloherty, Esq. for Juan Morocho, Segundo A Morocho, filed
  83. Joint Pre-Trial Memorandum, filed.
  84. Motion to Continue Pre-Trial Conference, filed.
  85. Event Resulted: Pre-Trial Conference scheduled on: 09/24/2025 10:00 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Michael D. Vhay, Presiding
  86. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 11/07/2025 Time: 10:30 AM
  87. Withdrawal of David Perry, Esq. for Juan Morocho, Segundo A Morocho, filed
  88. Event Resulted: Pre-Trial Conference scheduled on: 11/07/2025 10:30 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  89. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 11/21/2025 Time: 11:00 AM
  90. Event Resulted: Pre-Trial Conference scheduled on: 11/21/2025 11:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  91. Pre-trial videoconference held. All parties appeared through counsel. With the assent of the parties, the Court ORDERS them to hold the following dates for trial: (1) April 2, 2026 and (2) April 6 to 10, 2026. The Court ORDERS the parties to appear on March 27, 2026 at 10:00 AM by Zoom for a final pre-trial conference. A separate conference notice will issue. A separate order in advance of trial also will issue regarding the final dates and location for trial once the Court secures a courtroom in Fall River. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Plaintiff: Samuel Grossack, Esq. [email protected] Defendant: Alexander Paul Cloherty, Esq. [email protected] Sent On: 11/21/2025 15:26:16
  92. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 03/27/2026 Time: 10:00 AM

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