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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-05-20
Status Open
Type Ota Other
Docket 71 entries

Parties

Plaintiff Neil, Christopher T.|Neil, Duo T.
Defendant Southwick, Romma Eva|Southwick, Noelle Diane

Lawyers

Docket Entries

  1. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/30/2026 Time: 09:00 AM
  2. Land Court miscellaneous filing fee Receipt: 450589 Date: 05/20/2024
  3. Land Court surcharge Receipt: 450589 Date: 05/20/2024
  4. Land Court summons Receipt: 450589 Date: 05/20/2024
  5. Case assigned to the Average Track per Land Court Standing Order 1:04.
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Ex Parte Motion for Appointment of a Special Process Server, filed.
  8. Application for Judicial Endorsement of Memorandum of Lis Pendens, filed.
  9. Memorandum of Lis Pendens (G.L. c. 184, 15) , filed.
  10. Ex Parte Motion for Short Order of Notice, filed.
  11. May 20, 2024. Ex Parte Motion for Appointment of a Special Process Server, ALLOWED. (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Shawn McCormack, Esq. [email protected] Plaintiff: Pamela N Fourtounis, Esq. [email protected] Sent On: 05/21/2024 08:31:52
  12. May 20, 2024. Ex Parte Motion for Short Order of Notice on Application for Judicial Endorsement of Memorandum of Lis Pendens ALLOWED. Hearing will be held virtually via Zoom on Friday, May 24, 2024 at 2:00PM before the Hon. Robert B. Foster (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Shawn McCormack, Esq. [email protected] Plaintiff: Pamela N Fourtounis, Esq. [email protected] Sent On: 05/21/2024 08:34:51
  13. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 05/24/2024 Time: 02:00 PM
  14. Summons returned to Court with service on Romma Eva Southwick Trustee of the Stable Trust dated October 4, 1966 filed. Served by leaving at the last and usual abode on May 21, 2024.
  15. Summons returned to Court with service on Noelle Diane Southwick Trustee of The Stable Trust dated October 4, 1966 filed. Served by leaving at the last and usual abode on March 22, 2024.
  16. Event Resulted: Hearing on Lis Pendens scheduled on: 05/24/2024 02:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding May 24, 2024. Hearing on Application for Judicial Endorsement of Memorandum of Lis Pendens held via Zoom. Attorneys Shawn McCornack Pamela Fourtounis and William Zall appeared. The complaint is a claim for adverse possession and prescriptive easement over real property in Newton. Arguments heard from both parties. The court finds that the subject matter of this action constitutes a claim of a right to title to real property or the use and occupation thereof, and that the complaint is verified as required by G.L. c. 184, 15(b). The Motion for Application for Judicial Endorsement of Memorandum of Lis Pendens is ALLOWED, and the Memorandum of Lis Pendens will be endorsed. A Case Management Conference is set down for June 26, 2024 at 11:00AM by Zoom. (Foster, J.)
  17. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shawn McCormack, Esq. [email protected] Plaintiff: Pamela N Fourtounis, Esq. [email protected] Defendant: William Michael Zall, Esq. [email protected] Sent On: 05/24/2024 15:07:04
  18. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 06/26/2024 Time: 11:00 AM
  19. Memorandum of Lis Pendens (G.L. c. 184, 15), endorsed and issued. (Copies emailed to Attorneys William Zall, Shawn McCormack, and Pamela Fourtounis) Judge: Foster, Hon. Robert B.
  20. Appearance of William Michael Zall, Esq. for Romma Eva Southwick Trustee of the Stable Trust dated October 4, 1966, Noelle Diane Southwick Trustee of The Stable Trust dated October 4, 1966, filed
  21. The case has been assigned to the A Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Shawn McCormack, Esq. [email protected] Plaintiff: Pamela N Fourtounis, Esq. [email protected] Defendant: William Michael Zall, Esq. [email protected] Sent On: 05/30/2024 13:49:08
  22. Joint Motion to Continue Case Management Conference, filed.
  23. June 21, 2024. Joint Motion to Continue Case Management Conference ALLOWED. The June 26, 2024 case management conference is continued to July 10, 2024 at 12:15 pm by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Shawn McCormack, Esq. [email protected] Plaintiff: Pamela N Fourtounis, Esq. [email protected] Defendant: William Michael Zall, Esq. [email protected] Sent On: 06/21/2024 10:31:38
  24. Event Resulted: Case Management Conference scheduled on: 06/26/2024 11:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  25. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 07/10/2024 Time: 12:15 PM
  26. Answer with Affirmative Defenses and Counterclaim, filed.
  27. Joint Case Management Conference Statement, filed.
  28. Event Resulted: Case Management Conference scheduled on: 07/10/2024 12:15 PM Has been: Held via video Hon. Robert B. Foster, Presiding May 24, 2024. Case Management Conference held via Zoom. Attorneys Shawn McCormack, Pamela Fourtounis and William Zall appeared. Early intervention event held. Discovery is open and set to close on March 14, 2025. A status conference is set down for March 18, 2025 at 9:00am to discuss next steps. The Court encourages the parties to confer about potential settlement with a status report on such efforts due on August 16, 2024. (Foster, J.)
  29. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shawn McCormack, Esq. [email protected] Plaintiff: Pamela N Fourtounis, Esq. [email protected] Defendant: William Michael Zall, Esq. [email protected] Sent On: 07/11/2024 09:44:31
  30. Alternative Dispute Resolution: Early Intervention Event held. Judge: Foster, Hon. Robert B.
  31. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/18/2025 Time: 09:00 AM
  32. Answer to Counterclaim, filed.
  33. Joint Status Report, filed.
  34. Motion for Letter Rogatory Leela B. Ghaffari, filed.
  35. Order for Letter Rogatory, issued. (Copies emailed to Attorneys Pamela Fourtounis, Shawn McCormack, and William Zall) Judge: Rubin, Hon. Diane R.
  36. Letter Rogatory to the New York Supreme Court, Civil Branch, NY County, issued. (Copies emailed to Attorneys Pamela Fourtounis, Shawn McCormack, and William Zall) Judge: Rubin, Hon. Diane R.
  37. Appearance of Edward Steffens Englander, Esq. for Romma Eva Southwick Trustee of the Stable Trust dated October 4, 1966, Noelle Diane Southwick Trustee of The Stable Trust dated October 4, 1966, filed
  38. Withdrawal of William Michael Zall, Esq. for Romma Eva Southwick Trustee of the Stable Trust dated October 4, 1966, Noelle Diane Southwick Trustee of The Stable Trust dated October 4, 1966, filed
  39. Plaintiffs' Unopposed Motion for Issuance of Commission to take the Deposition of Leela B. Ghaffari in New York, filed.
  40. Order for Commission, issued. (Copies emailed to Attorneys Pamela Fourtounis, Shawn McCormack, and Edward Englander) Judge: Foster, Hon. Robert B.
  41. Event Resulted: Status Conference scheduled on: 03/18/2025 09:00 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  42. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/26/2025 Time: 09:00 AM
  43. Joint Motion to Extend the Discovery Deadline, filed.
  44. March 14, 2025. Joint Motion to Extend Discovery ALLOWED. Discovery is extended from March 14, 2025 and is now set to close on May 30, 2025. The status conference set down for March 26, 2025 has been continued to June 2, 2025 at 9:30am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Shawn McCormack, Esq. [email protected] Plaintiff: Pamela N Fourtounis, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Sent On: 03/14/2025 11:32:04
  45. Event Resulted: Status Conference scheduled on: 03/26/2025 09:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  46. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/02/2025 Time: 09:30 AM
  47. Plaintiffs' Assented to Motion to Extend Discovery Deadline, filed.
  48. May 1, 2025. Plaintiffs' Assented to Motion to Extend Discovery Deadline ALLOWED. Discovery is extended from May 30, 2025 and is now set to close on October 15, 2025. The status conference set down for June 2, 2025 has been continued to October 15, 2025 at 9:15am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Shawn McCormack, Esq. [email protected] Plaintiff: Pamela N Fourtounis, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Sent On: 05/01/2025 16:07:22
  49. Event Resulted: Status Conference scheduled on: 06/02/2025 09:30 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  50. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/15/2025 Time: 09:15 AM
  51. Appearance of Sander A Rikleen, Esq. for Christopher T. Neil Trustee of the Christopher T. Neil Living Trust dated December 21, 2022, Duo T. Neil Trustee of the Christopher T. Neil Living Trust dated December 21, 2022, Christopher T. Neil Trustee of the Duo T. Neil Living Trust dated December 21, 2022, Duo T. Neil Trustee of the Duo T. Neil Living Trust dated December 21, 2022, filed
  52. Withdrawal of Shawn McCormack, Esq., Pamela N Fourtounis, Esq. for Christopher T. Neil Trustee of the Christopher T. Neil Living Trust dated December 21, 2022, Duo T. Neil Trustee of the Christopher T. Neil Living Trust dated December 21, 2022, Christopher T. Neil Trustee of the Duo T. Neil Living Trust dated December 21, 2022, Duo T. Neil Trustee of the Duo T. Neil Living Trust dated December 21, 2022, filed
  53. Joint Motion to Continue Status Conference, filed.
  54. October 9, 2025. Joint Motion to Continue Status Conference ALLOWED. The status conference set down for October 15, 2025 has been continued to November 5, 2025 at 11:30am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Sander A Rikleen, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Sent On: 10/09/2025 15:53:43
  55. Event Resulted: Status Conference scheduled on: 10/15/2025 09:15 AM Has been: Continued Hon. Robert B. Foster, Presiding
  56. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 11/05/2025 Time: 11:30 AM
  57. Motion to Compel Rubino Landscaping to Produce Documents and Appeal for Its Deposition, filed.
  58. Event Resulted: Status Conference scheduled on: 11/05/2025 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding November 5, 2025. Status Conference held via Zoom. Attorneys Sander A. Rikleen and Edward Englander appeared. The court is in receipt of the Motion to Compel Rubino Landscaping to Produce Documents and Appeal for Its Deposition along with being made aware of further discovery issues. The Motion to Compel Rubino Landscaping is ALLOWED. Counsel are instructed to submit a proposed form of order. The plaintiffs' motion in limine to admit the absent witness's prior statements is due on November 17, 2025 with responses due on December 5, 2025. Hearing on the Motion in Limine is set down for December 22, 2025 at 10:00am by Zoom. Discovery is extended and set to close on January 30, 2026. A status conference is set down for February 4, 2026 at 10:30 am by Zoom to discuss scheduling of the pre-trial conference and trial. (Foster, J.)
  59. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sander A Rikleen, Esq. [email protected] Plaintiff: Mariem Marquetti, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Sent On: 11/06/2025 14:58:54
  60. Scheduled Judge: Foster, Hon. Robert B. Event: Motion in Limine Date: 12/22/2025 Time: 10:00 AM
  61. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/04/2026 Time: 10:30 AM
  62. Order Compelling Rubino Landscaping Corporation to Produce Documents and Appear for a Deposition Pursuant to Duly Served Subpoenas, issued. (Copies emailed to Attorneys Sander Rikleen, Mariem Marquetti, Edward Englander, and Denise Chicoine) Judge: Foster, Hon. Robert B.
  63. Plaintiffs' Motion in Limine to Rule that Statements by Unavailable Witness Leela Ghaffari are Admissible in Evidence, filed.
  64. Affidavit of Duo T. Neil, filed.
  65. Affidavit of Shawn N. McCormack, Esq., filed.
  66. Defendants' Motion to Extend Time for filings Opposition to Plaintiffs' Motion in Limine, filed.
  67. December 3, 2025. Defendants' Motion to Extend Time for filings Opposition to Plaintiffs' Motion in Limine ALLOWED. Opposition to the Plaintiffs' Motion in Limine is now due on December 15, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Sander A Rikleen, Esq. [email protected] Plaintiff: Mariem Marquetti, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Sent On: 12/03/2025 16:13:51
  68. Defendants' Opposition to Plaintiffs' Motion in Limine to Admit Statements of Unavailable Witness Leela Ghaffari, filed.
  69. Event Resulted: Motion in Limine scheduled on: 12/22/2025 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding December 22, 2025. Hearing on Plaintiffs' Motion in Limine to Rule that Statements by Unavailable Witness Leela Ghaffari are admissible in Evidence (Motion in Limine) held via Zoom. Attorneys Sander A. Rikleen and Edward Englander appeared. After argument, the Motion in Limine's claim as to excited utterance is DENIED. The Motion in Limine's claim as to unavailability and statement against interest is DENIED without prejudice. The plaintiff shall attempt to enforce the subpoena on Leela Ghaffari and if deemed unsuccessful may renew their Motion in Limine. Discovery is extended to March 27, 2026 with the status conference set down for February 4, 2026 continued to March 30, 2026 at 9:00am by Zoom. (Foster, J.)
  70. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sander A Rikleen, Esq. [email protected] Plaintiff: Mariem Marquetti, Esq. [email protected] Defendant: Edward Steffens Englander, Esq. [email protected] Defendant: Denise A Chicoine, Esq. [email protected] Sent On: 12/24/2025 08:54:17
  71. Event Resulted: Status Conference scheduled on: 02/04/2026 10:30 AM Has been: Continued Hon. Robert B. Foster, Presiding

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