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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-05-22
Status Open
Type E Filed Mfe Determine Boundaries Of Flats, G.l. Chapter 240, 19
Docket 110 entries

Parties

Plaintiff Bujiriri, Kalimbiro Akeem|Mhosole, Stella P.
Defendant Jolin, Dennis|Jolin, Deborah|Trotter, Corey R.|Andre, Connie|Andre, Jr., John F|Bank Of Canton|Cornerstone Bank|Bank Of America, N.a.|U.s. Bank National Association

Docket Entries

  1. The Court has reviewed the parties' status report. Since the Webster Planning Board reportedly has approved the parties' ANR plan, the Court ORDERS them to identify by May 1, 2026, the open issues preventing settlement, unless the parties file a stipulation of dismissal or agreement for judgment prior to then. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 04/07/2026 15:07:37
  2. Land Court surcharge Receipt: 450654 Date: 05/23/2024
  3. Case assigned to the Average Track per Land Court Standing Order 1:04.
  4. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  5. Verified Complaint eFiled.
  6. Request, filed.
  7. The case has been assigned to the A Track. Notice sent. Judge: Vhay, Hon. Michael D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri 345 Main Street, Oxford, MA 01540 Sent On: 06/03/2024 08:07:43
  8. The Court has reviewed Mr. Bujiriri's complaint. The complaint asks the Court to declare that "we" own an alleged paper street in Webster, MA, called Rosemont Street. Mr. Bujiriri filed with his complaint certain plans that suggest that his ownership of the property he calls Zero Rosemont Street comes from a deed recorded at the Worcester Registry of Deeds on August 18, 2023 (the "Deed"). The Deed (recorded at the Registry in Book 69540, Page 342) lists the property's owners as Mr. Bujiriri and Stella P. Mhosole, as joint tenants with rights of survivorship. The Court ORDERS Mr. Bujiriri to file with the Court by June 14, 2024, a letter that addresses two things. First, the letter must state whether in this case he's arguing that the Deed grants him ownership of all of Rosemont Street, or whether he's arguing that some other document grants him ownership of Rosemont Street. Second, if he's claiming that the Deed grants him ownership of all of Rosemont Street, the letter must state whether Stella P. Mhosole is still alive. (If she's still alive, and if Mr. Bujiriri is claiming that the Deed is the source of his ownership of Rosemont Street, Stella P. Mhosole would be a co-owner of the Street and would have to be a party to this lawsuit.) The Court likely will have additional instructions for Mr. Bujiriri after the Court reviews his upcoming letter. The Court ADVISES Mr. Bujiriri, however, that if he is unable to send the letter to the Court by June 14, 2024, he must ask the Court for an extension of time. The Court further ADVISES Mr. Bujiriri that if he does not submit the letter by June 14, 2024, and if the Court has not given him an extension of time, the Court may dismiss his lawsuit on the grounds that his complaint does not comply with Rule 8(a) of the Massachusetts Rules of Civil Procedure. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri 345 Main Street, Oxford, MA 01540 Sent On: 06/03/2024 08:09:33
  9. Letter to the Court from Mr. Bujiriri, filed.
  10. The Court has reviewed Mr. Bujiriri's June 5, 2024, letter to the Court. The Court deems part of the letter as a motion to add Stella P. Mhosole as a co-plaintiff in this case; the Court GRANTS that motion. The Court will refer to both of them as "Plaintiffs." When plaintiffs file a lawsuit that asks the court to eliminate rights in a "paper street" and establish their own ownership thereof, they must name as "defendants" in the lawsuit (a) the last owner of the land beneath the paper street (in this case, Rosemont Street), if known; and (b) all persons who owns, or have mortgages on, properties that border the street, as they're the ones most likely to have been granted rights in the street and most likely to be concerned about losing those rights. So far, Plaintiffs' letters have not identified the last known owner of the land under Rosemont Street. While Plaintiffs' letters suggest that the Town of Webster should be a defendant in this case, the Town does not appear to own Rosemont Street. Additionally, while Plaintiffs have submitted a plan ("Plan of Lakeside Park") that shows the lots that abut Rosemont Street (Lot Nos. 18-19 and 22-26 on the Plan, plus Plaintiffs' own lots, Nos. 15-17), Plaintiffs have not identified who currently owns Lots 18-19 and 22-26, or who currently has mortgages on those lots. The Court thus ORDERS Plaintiffs to investigate the "owner" and "abutter" questions described in this order, and to submit to the Court by July 8, 2024, a report on where their investigation stands regarding indentifying (1) the last owner of the land beneath Rosemont Street; (2) the current owners of Lots 18-19 and 22-26; and (3) who holds mortgages on those lots. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 06/06/2024 15:28:25
  11. Mr. Bujiriri and Ms. Mhosole's Letter to the Court, filed.
  12. The Court has reviewed Mr. Bujiriri and Ms. Mhosole's ("Plaintiffs") June 7, 2024, Letter to the Court. After reviewing the letter, the Court ORDERS Plaintiffs to file by June 21, 2024, a single document that will serve as their "complaint" in this case. While Plaintiffs' letters to the Court contain a number of details about the case, those letters don't comply with the requirements of the Massachusetts Rules of Civil Procedure for a complaint. For example, all complaints must comply with all parts of Rule 10 of the Massachusetts Rule of Civil Procedure, which describes the "form" of a complaint. Thus, Plaintiffs' upcoming filing must include (a) the names and addresses of the Plaintiffs; (b) the names and last known addresses of each party against whom the Plaintiffs want a court judgment (the "defendants," many of whom appear to be listed in the June 7, 2024 letter); and (c) "a short and plain statement," in accordance with Rule 8(a) of the Massachusetts Rules of Civil Procedure, as to why the Plaintiffs believe they own Rosemont Street. Rule 10 includes other requirements about a "caption" to the complaint and numbered paragraphs. Rule 10(c) allows Plaintiffs to attach exhibits to their complaint (such as plans, deeds, or other documents) that they believe may support their claim that they own Rosemont Street. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Defendant: Town Of Webster 350 Main Street, Webster, MA 05170 Plaintiff: Stella P. Mhosole [email protected] Sent On: 06/07/2024 11:33:50
  13. Amended Complaint (Abutters' Ownership Dispute over Rosemont Street, a Paper Street with Exhibits), filed
  14. The Court has received Plaintiffs' June 11, 2024 filing, "Abutters' Ownership Dispute over Rosemont Street, a Paper Street with Exhibits," which the Court will treat as Plaintiffs' amended complaint. The Court ORDERS Plaintiffs to serve promptly a summons and the amended complaint on each of the defendants the amended complaint names (each of the Jolins, Mr. Trotter, and each of the Andres). Such service must be in accordance with Rule 4 of the Massachusetts Rules of Civil Procedure. The Court further ORDERS Plaintiffs to file by July 26, 2024, either "returns" of service on each defendant (see Rule 4(f) of the Massachusetts Rules of Civil Procedure) or a report on the status of Plaintiffs' efforts to obtain such returns. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 06/11/2024 09:44:57
  15. Answer of all Defendants, filed.
  16. The Court has received the Rebuttal to Complaint sent by the Jolins, the Andres, and Corey Trotter. The Court will docket the Rebuttal as those defendants' answer to Plaintiffs' complaint. Because the Jolins, the Andres, and Trotter have answered Plantiffs' complaint, Plaintiffs do not need to file "returns" of service on those defendants. Plaintiffs still must serve a summons and a copy of their complaint, however, on anyone that holds a mortgage on the Jolin, Andre, or Trotter properties (the "Mortgagees"). Returns of service on the Mortgagees, or a report on the status of Plaintiffs' efforts to serve a summons and complaint on each Mortgagee, are still due July 26, 2024. The Court further ADVISES the Jolins, the Andres, and Trotter that if they wish to receive Plaintiffs' filings, court orders, and notices in this case by e-mail, instead of regular mail, they must contact the Sessions Clerk, Sharmilla Budhram, at [email protected]. Otherwise, the Court will send to each of them all communications in this case by regular mail. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Defendant: Dennis Jolin 1 Rosemont St, Webster, MA 01570 Defendant: Deborah Jolin 1 Rosemont Street, Webster, MA 01570 Defendant: Corey R. Trotter 3 Rosemont Street, Webster, MA 01570 Defendant: Connie Andre 1 Woodlawn Street, Webster, MA 01570 Defendant: John F Andre, Jr. 1 Woodlawn Street, Webster, MA 01570 Sent On: 06/13/2024 09:31:50
  17. Summons in a Civil Action document on MassCourts, filed.
  18. Abutters' Ownership Dispute over Rosemont Street, a Paper Street, filed.
  19. Plaintiffs have filed six items. One is a duplicate of Defendants' "rebuttal to complaint," which Defendants previously filed; Plaintiffs have no obligation to re-file with the Court materials that Defendants have filed, and thus the Court DIRECTS the Sessions Clerk not to docket the duplicate item. Plaintiffs also have filed three "Notices of Appearance" for each of the Defendants. A notice of appearance is a document that a person or his counsel may file with the court; an opposing party (here, Plaintiffs) may not file a notice of appearance on behalf of the other party (here, Defendants). The Court thus DIRECTS the Sessions Clerk not to docket the three purported notices of appearance by Defendants. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Defendant: Dennis Jolin 1 Rosemont St, Webster, MA 01570 Defendant: Deborah Jolin 1 Rosemont Street, Webster, MA 01570 Defendant: Corey R. Trotter 3 Rosemont Street, Webster, MA 01570 Defendant: Connie Andre 1 Woodlawn Street, Webster, MA 01570 Defendant: John F Andre, Jr. 1 Woodlawn Street, Webster, MA 01570 Sent On: 06/20/2024 10:22:51
  20. The Court recently has received several materials (and the Sessions Clerk has received several e-mails) from the parties to this case. The Court ADVISES the parties that the Massachusetts Rules of Civil Procedure set forth rules for sending materials with the Court. First, under Rule 7(b)(1), an "application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds [for the motion], and shall set forth the relief or order sought." Second, Rules 5(d)-(e) require all court-related papers to be "filed" with the Court. Generally speaking, there are three methods of filing with the Court: (1) electronic filing, or "e-filing," through the Tyler filing system (more information available at www.efilema.com); (2) mail to the Recorder of the Land Court, 3 Pemberton Square, Boston, MA 02108; or (3) delivering the paper to the Recorder's Office on the 5th Floor of the courthouse at 3 Pemberton Square. Parties also should read Rule 5(g), which describes the information a party must provide in every paper filed with the Court, and Rule 5(h), which requires parties to be careful about filing papers with the Court that contain personal identifying information. Third, Rule 5(d) requires parties who "file" papers with the Court to "serve" that paper on every other party. Rules 5(a)-(b) describe the rules for "serving" other parties. The Court ADVISES the parties that if they attempt to file materials with the Court that don't obey the Massachusetts Rules of Civil Procedure, the Court may reject those materials. Last, Court rules generally prohibit the Court or Court staff from communicating with one party outside the presence or knowledge of the other parties. This means that parties should not attempt to talk to, write, or e-mail the Sessions Clerk without the other parties' knowledge. The Court expects the parties to comply with these instructions for the rest of this case. On a related note, while Plaintiffs appear to have sent notice of this lawsuit to the owners of properties along Rosemont Street, the banks or other entities that may hold mortgages on those owners' properties have not yet appeared in this case. The Court REMINDS Plaintiffs that they are to file by July 26, 2024, evidence that they have served all such mortgage holders with a summons and a copy of Plaintiffs' complaint, or report on the status of Plaintiffs' efforts to serve such mortgage holders with notice of this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Defendant: Dennis Jolin [email protected] Defendant: Deborah Jolin [email protected] Defendant: Corey R. Trotter 3 Rosemont Street, Webster, MA 01570 Defendant: Connie Andre [email protected] Defendant: John F Andre, Jr. [email protected] Sent On: 06/26/2024 10:36:08
  21. A Summons Served Evidences on Town of Webster, Bank 4, Cornerstone Bank and Bank of Canton, filed, filed.
  22. The Court has reviewed Mr. Bujiriri and Ms. Mhosole's (the "Plaintiffs") July 11, 2024 filings. One is a copy of the "Rebuttal to Complaint/Statement" that the Court previously docketed on June 13, 2024 as "Answer of all Defendants." The Court will not docket a second copy of the Rebuttal. The Court will docket "A Summons Served Evidences" and "Evidence of a Summons Served" together as one filing by Plaintiffs. The Court notes that these documents indicate that Plaintiffs attempted to serve Bank 5, Bank of Canton, and Cornerstone Bank (the "Banks"), pursuant to the Court's June 13, 2024 order, as well as the Town of Webster Planning Board. The Court DIRECTS the Sessions Clerk to add each Bank to the docket as a "defendant" in this action. The Court does not understand why Plaintiffs sent their complaint, however, to the Town of Webster Planning Board. The Court ORDERS the Plaintiffs to file by July 18, 2024, a written explanation for why they have sent papers in this case to the Town of Webster Planning Board, and whether (and if so, why) Plaintiffs believe the Planning Board should be a party to in Plaintiffs' lawsuit. The Court further ORDERS all of the parties to appear in-person at the Land Court on August 5, 2024 at 3:00 PM for a case management conference. A notice of case management conference will issue separately. The Court ORDERS Plaintiffs to send each of the Banks promptly, by regular mail, a copy of the notice of case management conference, as none of the Banks has yet filed a document with this Court confirming their willingness to participate in this lawsuit. The Court further ADVISES the Jolins, Mr. Trotter, and the Andres that the Court has received their answer, and that apart from working with Plaintiffs to file a joint case-management conference memorandum (described in the case-management conference notice), they aren't required to make any additional filings with the Court until the Court orders. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Defendant: Dennis Jolin [email protected] Defendant: Deborah Jolin [email protected] Defendant: Corey R. Trotter 3 Rosemont Street, Webster, MA 01570 Defendant: Connie Andre [email protected] Defendant: John F Andre, Jr. [email protected] Sent On: 07/11/2024 13:20:50
  23. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 08/05/2024 Time: 03:00 PM
  24. Explanation for a Copy of Complaint Sent the Town of Webster, MA, filed.
  25. Appearance of Nicholas Charles Adamopoulos, Esq. for Dennis Jolin, Deborah Jolin, Corey R. Trotter, Connie Andre, John F Andre, Jr., filed
  26. Appearance of Kiel H Becker, Esq. for Dennis Jolin, Deborah Jolin, Corey R. Trotter, Connie Andre, John F Andre, Jr., filed
  27. Defendants' Amended Answer and Counterclaim, filed.
  28. The Court has received Defendants' Amended Answer and Counterclaim. Notwithstanding the directions set forth in the Notice of Case-Management Conference, the Court ORDERS counsel for Defendants to take responsibility for the preparation and timely filing of the parties' joint conference statement, although Defendants need not draft those portions of the statement that describe Plaintiffs' claims. The Court ORDERS Plaintiffs to cooperate with Defendants' counsel in the preparation and timely filing of the statement. The Court further ORDERS Plaintiffs to file by July 29, 2024, a reply to Defendants' Counterclaim. The Court DIRECTS Plaintiffs to Rules 8(b)-(d), 9, and 10 of the Massachusetts Rules of Civil Procedure, which govern the content and format of "pleadings" (a party's reply to a counterclaim is a "pleading"). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 07/18/2024 09:06:57
  29. Plaintiffs Answer Defendants' Amended Answer and Counterclaim, filed.
  30. Case Management Conference Joint Statement, filed.
  31. The Bank of Canton's Limited Appearance and Motion to Dismiss, filed.
  32. Appearance of Jack J Mikels, Esq., Michael A Wirtz, Esq. for Bank of Canton, filed
  33. Event Resulted: Case Management Conference scheduled on: 08/05/2024 03:00 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  34. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  35. Case management videoconference and initial intervention event held. Mr. Bujiriri and Ms. Mhosole appeared representing themselves. The Jolins, Mr. Trotter, the Andres (together, the "Abutter Defendants"), Bank of Canton, and Cornerstone Bank appeared through counsel. This action concerns Rosemont Street in Webster, Massachusetts. Plaintiffs are seeking a declaration that they have the right to (1) use; (2) improve; and (3) park within Rosemont Street. Defendants oppose the granting of such declarations. They also claim Plaintiffs have trespassed upon and caused damage to Rosemont Street, which the Abutter Defendants claim they own. After hearing from the parties, the Court ORDERS Cornerstone to file by August 12, 2024 any motion to dismiss for lack of proper service. The Court GRANTS Bank of Canton's motion to dismiss, but treats the Plaintiffs' complaint as amended to substitute Bank of Canton's assignee, Bank of America, for Bank of Canton. The Court ORDERS Plaintiffs to serve Bank of America by August 30, 2024 with a proper summons, the amended complaint, and this order. The Court ORDERS Plaintiffs to file by September 15, 2024, a "return of service" (see Rule 4(f) of the Massachusetts Rules of Civil Procedure) on Bank of America. The Court ORDERS Plaintiffs and the Abutter Defendants to complete by January 31, 2025, all discovery, fact and expert (including land surveys). The Court ORDERS the Abutter Defendants to move by October 1, 2024 for summary judgment on their claims that they have record title to Rosemont Street. The Court ORDERS the Plaintiffs to file by November 1, 2024, (a) any opposition to the Abutter Defendants' motion for summary judgment and (b) Plaintiffs' own motion that they own half of, or have an easement over, Rosemont Street. The Court ORDERS the Abutter Defendants to file by November 15, 2024, any opposition to the Plaintiffs' cross-motion. The Court ADVISES the parties that all summary judgment motions and responses must comply with Land Court Rule 4. The Court ORDERS the Abutter Defendants, Cornerstone Bank, and Bank of America (once it is properly served) to notify any title insurance carriers of Plaintiffs' claims in this action as soon as possible. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 08/06/2024 10:06:49
  36. The Court has received and reviewed Plaintiffs' "Amended Pleading Summary" and blank summons. The Court DIRECTS the Sessions Clerk not to docket the Summary, as neither the Massachusetts Rules of Civil Procedure nor this Court's orders requires the filing of the Summary. The Court ADVISES Plaintiffs that the Court's August 6, 2024, order (the "Order"), to which the filing of the Summary seems to have been a response, requires Plaintiffs to serve Bank of America by August 30, 2024 with a summons, the amended complaint, and the Order in a manner compliant with Rule 4 of the Massachusetts Rules of Civil Procedure. The Order then requires Plaintiffs to file by September 15, 2024, a "return" of their service on Bank of America. Rule 4(f) of the Massachusetts Rules of Civil Procedure explains what a "return" is. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 08/12/2024 10:05:31
  37. Appearance of Jennifer Lynn Conrad, Esq. for Cornerstone Bank, filed
  38. Appearance of Renee A Kirk, Esq. for Cornerstone Bank, filed
  39. Motion of Cornerstone Bank to Dismiss Plaintiffs' Complaint Pursuant to Mass. R. Civ. P. 12(b)(4) and 12(b) (5), filed.
  40. Memorandum in Support of Cornerstone, Bank's Motion to Dismiss Plaintiffs' Complaint Pursuant to Mass. R. Civ. P. 12(b)(4) and 12(b)(5), filed.
  41. The Court has received Cornerstone Bank's motion to dismiss Plaintiffs' amended complaint. The Court ORDERS Plaintiffs to file by August 26, 2024, any opposition to the motion. In the alternative, Plaintiffs may file by August 26, 2024, a "return" (see Rule 4(f) of the Massachusetts Rules of Civil Procedure) showing proper service on Cornerstone, which according to Cornerstone's motion could be service of a new summons and complaint upon Cornerstone's attorneys in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 08/12/2024 15:30:27
  42. Plaintiffs' Response to the Cornerstone Bank's Motion to Dismiss Plaintiffs' Complaint and its Memorandum, filed.
  43. The Court has reviewed Cornerstone Bank's motion to dismiss Plaintiffs' complaint under Rules 12(b)(4) and (5) of the Massachusetts Rules of Civil Procedure, for "insufficient process" and "insufficient service of process." In support of its motion for insufficient process, the Bank points out that the "summons" it received from Plaintiffs did not comply with Rule 4(b) of the Rules of Civil Procedure, as the Land Court didn't issue the summons. Plaintiffs do not contest that fact. In support of its motion for insufficient service of process, the Bank states that Plaintiffs sent their papers to the Bank by certified mail, a method that doesn't comply with the requirements of Rule 4(d)(2) of the Rules of Civil Procedure. That rule governs of process on a "domestic corporation," which the Bank claims to be. Rule 4(d)(2) doesn't allow service of process by mail unless a party complies with the last sentence of Rule 4(d)(2). The Bank has the right under the Rules of Civil Procedure to file its motion to dismiss notwithstanding having entered a "limited appearance" in this case, and notwithstanding any conversations the Bank's attorneys may have had with Plaintiffs prior to the Bank's filing its motion. While Plaintiffs didn't serve the Bank with a proper, Land Court-issued summons, and didn't arrange for service of that summons and their complaint in a proper manner, this Court will not dismiss Plaintiffs claims against Cornerstone at this time. Under Massachusetts law, Rule 12(b)(4) and (5) motions are considered together. A key difference in the standards for the two motions is that in evaluating a Rule 12(b)(4) motion, the court considers only the form of the summons, while to dismiss a claim under Rule 12(b)(5), a court must find that the plaintiff failed to act with due diligence, that the omission resulted in delay of service of process, and that the delay prejudiced the defendant. See Ahern v. Warner, 16 Mass. App. Ct. 223, 224 (1983). Thus, Rule 12(b)(5) requires the court to balance the plaintiff's good-faith efforts against the prejudice to the defendant. See Brissette v. Crantz, 23 Mass. App. Ct. 213, 217 (1986). The Bank hasn't demonstrated here that, so far, Plaintiffs' delay in making proper service on the Bank has prejudiced the Bank. The Court thus GRANTS Cornerstone's motion, but only in part. The Court ORDERS Plaintiffs to serve Cornerstone Bank with a proper summons (obtained from the Recorder of the Land Court and filled out completely, see Rule 4(b) of the Rules of Civil Procedure), and their complaint, by no later than September 6, 2024. To serve Cornerstone Bank, it appears from the parties' filings that the Bank's attorneys may have agreed to accept a proper summons and complaint from Plaintiffs without Plaintiffs having to comply with Rule 4(d)(2); Plaintiffs may want to confer with the Bank's attorneys over that option. Otherwise, Plaintiffs must follow Rule 4(d)(2), which requires service "by delivering a copy of the summons and of the complaint to an officer, to a managing or general agent, or to the person in charge of the business [of Cornerstone Bank] at the principal place of business thereof within the Commonwealth, if any; or by delivering such copies to any other agent authorized by appointment or by law to receive service of process [on behalf of Cornerstone Bank], provided that any further notice required by law be given." SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 08/14/2024 14:30:26 Notice of Docket Entry sent to counsel of record and Pro Se by email from the Sessions Clerk.
  44. Certificate of Service (A Return of Service), filed.
  45. Summons returned to Court with service on Bank of America, N.A. filed.
  46. Summons returned to Court with service on Cornerstone Bank filed.
  47. Answer and Affirmative Defense of Defendant Cornerstone Bank to Plaintiffs' Amended Complaint, filed.
  48. Plaintiffs Response to the Cornerstone Bank's Answer and Affirmative Defense of August 27, 2024, filed.
  49. The Court has received Plaintiffs' Response to Cornerstone Bank's Answer and Affirmative Defense. Plaintiffs ask the Court for leave to "respond" to the Answer. The Court DENIES that request for now. Plaintiffs' complaint and each defendant's "answer" are intended to give the Court very general information about the parties' positions in the case. The Massachusetts Rules of Civil Procedure allow a "plaintiff" to respond to his or her opponent's "answer" only if the opponent files a "counterclaim." Cornerstone Bank hasn't filed a counterclaim against Plaintiffs. Plaintiffs will have the opportunity at a later date to present their responses to Cornerstone's answers. The Court hasn't set that date yet, and likely won't until the deadline for the parties to finish discovery (January 31, 2025) passes. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 09/03/2024 14:12:52
  50. Bank of America N.A. 's Limited Appearance and Motion to Dismiss, filed.
  51. The Court has received Bank of America, N.A.'s motion to dismiss Plaintiffs' amended complaint. The Court GRANTS the motion. Bank of America asserts it does not hold a mortgage or have an interest in any of the properties involved in this case. At the case management videoconference held on August 5, 2024, the Court ordered Plaintiffs to serve Bank of America with a proper summons, amended complaint, and court order as a substituted defendants for the Bank of Canton. The Court issued that order after the Bank of Canton identified the assignee of its mortgage on 3 Rosemont Street as U.S Bank, N.A. During the videoconference and in its later order, however, the Court misidentified U.S. Bank, N.A. as Bank of America, N.A. The Court regrets that error. The Court will rectify it, however, by treating Plaintiffs' complaint as having been amended to substitute U.S. Bank, N.A., for Bank of America. The Court ORDERS Plaintiffs to serve U.S. Bank, N.A., promptly with a proper summons, their amended complaint, and this Order (all in accordance with Rule 4 of the Massachusetts Rules of Civil Procedure) , and to file a return of service by October 10, 2024. Alternatively, if Plaintiffs haven't completed service on U.S. Bank, N.A. by October 10, 2024, Plaintiffs must file a status report on their efforts to serve U.S. Bank, N.A. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 09/10/2024 13:56:24
  52. Answer (Fall River Five Cents Savings Bank), filed.
  53. The Court has received an "answer" from Fall River Five Cents Savings Bank. For the moment, the Court will treat Fall River as an "interested party" in this case. Plaintiffs did not name Fall River as a defendant in their complaint, nor have Plaintiffs asked this Court for permission to add Fall River as a party-defendant or as an interested party in this case. (From the information that appears in Fall River's answer, Fall River holds a mortgage on Plaintiffs' property. It's not apparent that Fall River has any interests that are adverse to Plaintiffs' interests.) The Court ORDERS Plaintiffs to send the Court by September 30, 2024, a written explanation why they served any papers on Fall River Five Cents Savings Bank in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 09/23/2024 16:08:26 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk
  54. Explanation for Servicing a Summons and Complaint on Fall River Five Cents Savings Bank (aka Bank 5), filed.
  55. The Court has reviewed Plaintiffs' statement regarding Fall River Five Cents Savings Bank. The Court DISMISSES Fall River from this action, as (1) Plaintiffs' statement shows that Plaintiffs have no dispute with the Bank regarding the paper street that's the focus of this action, and (2) Fall River's filings show it does not want to be an "interested party" in this case. Whatever disputes Plaintiffs may have concerning the Bank's behavior towards Plaintiffs is not within the subject-matter jurisdiction of the Land Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 09/30/2024 08:51:56 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk.
  56. Plaintiffs Response to Defendants First Set of Interrogatories Propounded upon Plaintiffs, filed.
  57. The Court has received Plaintiffs' "Response to Defendants' First Set of Interrogatories Propounded Upon Plaintiffs." The purpose of the Response is unclear, and thus the Court will not grant Plaintiffs any relief from Defendants' interrogatories unless and until Plaintiffs comply with the applicable rules. If Defendants have served Plaintiffs with interrogatories, the Massachusetts Rules of Civil Procedure require Plaintiffs to do one of two things. Plaintiffs' first option is to serve Defendants with Plaintiffs' answers and/or objections to Defendants' questions. Civil Procedure Rule 33 describes that process. If Plaintiffs choose to follow Rule 33, Civil Procedure Rule 5(d)(2) states that Plaintiffs shall not file those answers and objections with the Court; they must send them only to Defendants. Plaintiffs' other option is to file a motion with the Court under Civil Procedure Rule 26(c), asking the Court to limit Defendants from asking their questions. If Plaintiffs choose to follow Rule 26(c), they also must follow the procedures described in Land Court Rule 7 prior to filing the motion. The Court nevertheless ADVISES Plaintiffs, however, that Civil Procedure Rule 26(b)(1) states that parties "may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party." Defendants' right to seek discovery thus does not depend on whether they or Plaintiffs have to prove specific issues at trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 09/30/2024 14:18:33
  58. Defendants' Motion for Summary Judgment, filed.
  59. Appendix Pursuant to Land Court Rule 4, filed.
  60. Defendants' Brief Pursuant to Land Court Rule 4 in Support of their Motion for Summary Judgment as to all Counts of Plaintiffs Amended Complaint, filed.
  61. Concise Statement of Facts Pursuant to Land Court Rule 4, filed.
  62. A Return of Service Status, filed.
  63. The Court has reviewed Plaintiffs' report on their attempts to serve U.S. Bank, N.A. The Court ORDERS Plaintiffs to file by November 8, 2024, a return of service on U.S. Bank or a further status report on their efforts to serve U.S. Bank. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 10/10/2024 10:18:40
  64. Summons returned to Court with service on U.S. Bank, N.A. filed.
  65. Appearance of Keith Andrew Mitchell, Esq. for U.S. Bank National Association, filed
  66. Answer (U.S. Bank National Association), filed.
  67. Plaintiffs' Opposition to Defendants' Brief Pursuant to Land Court Rule 4 in Support of their Motion for Summary Judgment as to all Counts of Plaintiffs Amended Complaint, filed.
  68. Plaintiffs' Motion for Summary Judgment, filed.
  69. Appendix Pursuant to Massachusetts Land Court Rule 4, filed.
  70. The Court has reviewed Plaintiffs' filings in opposition to Defendants' motion for summary judgment and in support of Plaintiffs' cross-motion for summary judgment. When Defendants filed their motion on October 1, 2024, they filed with it a document titled "Concise Statement of Facts Pursuant to Land Court Rule 4." Land Court Rule 4 requires a party who opposes a motion for summary judgment to respond to the moving party's Concise Statement of Facts Pursuant to Land Court Rule 4. (Land Court Rule 4 describes the content and format of the required response.) Plaintiffs have not filed such a response. Moreover, if a party cross-moves for summary judgment (as Plaintiffs have done), that party must file a separate Land Court Rule 4 concise statement of facts in support of the cross-moving party's motion for summary judgment. Plaintiffs did not file such a statement in support of their cross-motion for summary judgment. The Court thus ORDERS Plaintiffs to file by November 19, 2024, (1) a response to Defendants' Concise Statement of Facts Pursuant to Land Court Rule 4 and (2) Plaintiffs' own concise statement of facts, pursuant to Land Court Rule 4, in support of Plaintiffs' cross-motion for summary judgment. The Court ADVISES Plaintiffs that if they do not respond to Defendants' Concise Statement of Facts, Land Court Rule 4 will allow the Court to treat all of facts listed in Defendants' Concise Statement of Facts as true. The Court further ADVISES Plaintiffs that if they do not submit their own concise statement of facts in support of their cross-motion, the Court may deny that motion. The Court further EXTENDS the deadline for Defendants to oppose Plaintiffs' cross-motion for summary judgment to December 3, 2024, to give Defendants time to review what Plaintiffs file by November 19, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 11/05/2024 12:26:30 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk.
  71. Plaintiffs Response to Defendants' Concise Statement of Facts Pursuant Mass Land Court Rule 4, filed.
  72. Plaintiffs Own Concise Statement of Facts Pursuant Mass Land Court Rule 4, filed.
  73. Exhibits, filed.
  74. Copy of External Lighting Design , filed.
  75. Defendants' Memorandum in Opposition to Plaintiffs' Cross-Motion for Summary Judgment, filed.
  76. Defendants Response to "Plaintiff Concise Statement of Facts Pursuant to Land Court Rule 4, in Support of Plaintiffs, Cross-Motion for Summary Judgment.", filed.
  77. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 01/02/2025 Time: 12:00 PM
  78. The Court has reviewed the parties' motions and cross-motions for summary judgment on Plaintiffs' claims. The Court has scheduled a hearing on the parties' motions for January 2, 2025. Both sides have filed, however, extensive facts concerning a site-plan application filed by Plaintiffs, their application for a stormwater-management permit, and related proceedings before two Webster boards. Plaintiffs also ask the Court in their "Demand of Relief," found in their Concise Statement of Facts, "to tell the Town of Webster to reopen" various permit proceedings. The Court ADVISES the parties that those issues are irrelevant to the Court's consideration of the pending motions, as Defendants themselves admit in their Response to Plaintiffs' Concise Statement (surprisingly, since they're the ones who first tried to inject those issues into this proceeding). Chapter 40A of the General Laws governs appeals from site-plan decisions and denials of zoning relief; Plaintiffs' complaint contains no claims against any board of the Town of Webster. Instead, as the Court's August 6, 2024, order states, "Plaintiffs are seeking a declaration that they have the right to (1) use; (2) improve; and (3) park within Rosemont Street. Defendants oppose the granting of such declarations." (Defendants also have counterclaimed against Plaintiffs for trespass to trees, but neither side has moved for summary judgment on that claim.) In other words, the pending summary judgment motions pertain only to the parties' rights in Rosemont Street. The Court will confine the upcoming arguments to that issue only. Second, in their "Demand for Relief," Plaintiffs ask the Court to order Chess Engineering "to release CAD formats/files that contain plaintiffs' projects to a new civil engineer plaintiffs would hire to complete the unfinished projects." The Court DENIES that request without prejudice. The Land Court does not have jurisdiction over contract disputes between engineering firms and their clients; such disputes must be brought in the Superior Court or the District Court, depending on how much money is in dispute. Last, the Court ADVISES the parties that it intends to take "judicial notice" of any deed recorded at the Worcester Registry of Deeds that's referenced in any of the deeds the parties have submitted to the Court in connection with the pending motions, and any recorded deed further referenced in the judicially noticed deeds. ("Judicial notice" means that the Court can consider in connection with the parties' pending motions the facts set forth in the Registry materials, even though the parties themselves haven't submitted the materials to the Court.) Those materials include the deeds recorded at the Registry in Book 2817, Page 495 (1941 deed), Book 3135, Page 228 (1948 deed), Book 4470, Page 311 (1964 deed), Book 5620, Page 28 (1974 deed), Book 5977, Page 23 (1976 deed), and Page 9084, Page 64 (1985 deed); the plan recorded in Plan Book 639, Plan 59 (1990 plan); the deeds recorded in Book 12948, Page 148 (1990 deed), Book 22218, Page 373 (1992 deed), Book 19901, Page 330 (1998 deed), Book 20394, Page 252 (1998 deed), Book 20394, Page 263 (1998 deed), Book 22218, Page 375 (1999 deed), Page 22432, Page 239 (2000 deed), and Book 35244, Page 192 (2004 deed); the mortgage recorded in Book 41222, Page 169; and the deeds recorded in Book 45636, Page 217 (2010 deed), Book 45636, Page 215 (2010 deed), and Book 48378, Page 244 (2012 deed). At the upcoming hearing, the Court will assume that the parties have reviewed the foregoing deeds, plans, and mortgages. The Court ORDERS any party who objects to the Court taking judicial notice of these materials to file his or her objection, and any supporting case law, by no later than December 30, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 12/18/2024 15:02:46 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk.
  79. Amended Plaintiffs Memorandum Motion for Summary Judgment, filed.
  80. The Court has received Plaintiffs' "amended" motion for summary judgment. To the extent the motion raises grounds for the entry of summary judgment in Plaintiffs' favor not presented in Plaintiffs' earlier cross-motion for summary judgment, the Court DENIES the motion. The Court PROHIBITS Defendants from filing any response to the "amended" motion without seeking leave of Court first. The Court will hear, however, at the previously scheduled January 2, 2025, hearing on the parties' summary-judgment motions all arguments that are pertinent to such motions. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 12/27/2024 16:58:41 Notice of Docket Entry sent to counsel of record and Pro Se by email from the Sessions Clerk.
  81. Event Resulted: Hearing scheduled on: 01/02/2025 12:00 PM Has been: Held in person Hon. Michael D. Vhay, Presiding
  82. Hearing on parties' cross-motions for summary judgment held live at the Land Court. Mr. Bujiriri and Ms. Mhosole appeared representing themselves. The Owner Defendants appeared through counsel. No other parties appeared. After hearing from the parties, the Court DENIES their cross-motions for summary judgment for the reasons stated on the recording of today's hearing. The Court ORDERS the parties to appear for a pre-trial conference by Zoom on February 11, 2025, at 10:00 AM. A separate notice of the conference will issue, but notwithstanding what the notice states, the Owner Defendants will take the lead in preparing the parties' joint pretrial conference memorandum, and the memorandum may be filed no later than February 4, 2025. The Court ADVISES those parties who did not appear today that they are expected to participate in the preparation of the joint pretrial conference memorandum, if only to indicate that they will abide by the final judgment in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 01/03/2025 08:20:48 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk.
  83. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 02/11/2025 Time: 10:00 AM
  84. Joint Motion for Continuance, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to all parties by email from the Sessions Clerk.
  85. Event Resulted: Pre-Trial Conference scheduled on: 02/11/2025 10:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Michael D. Vhay, Presiding
  86. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 02/25/2025 Time: 10:00 AM
  87. Pre-Trial Memorandum Statement (U.S. Bank National Association), filed.
  88. Defendants Request for Continuance (to April 29, 2025), filed.
  89. No Objection from the Plaintiffs Regarding Defendants Request for Continuance (to April 29, 2025) , filed.
  90. Defendants have moved to postpone the pretrial conference in this case pending preparation of a survey and further settlement discussions. Without opposition from Plaintiffs, the Court GRANTS the motion in part. The Court CANCELS the February 25, 2025, pretrial conference. The Court ORDERS the parties to file by March 21, 2025, a joint report on (a) the status of the preparation of the survey and (b) whether the parties are continuing their settlement discussions. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 02/20/2025 16:04:45 Notice of Docket Entry sent to all parties by email from the Sessions Clerk.
  91. Event Resulted: Pre-Trial Conference scheduled on: 02/25/2025 10:00 AM Has been: Canceled For the following reason: Request of all Parties Hon. Michael D. Vhay, Presiding
  92. Joint Status Report, filed.
  93. The Court has received the parties' report of a settlement of this case. The Court ORDERS the parties to file a joint report by March 31, 2025, explaining why the Court needs to keep this case open if the parties truly have resolved all of their disputes. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 03/24/2025 09:31:48 Notice of Docket Entry sent to all parties by email.
  94. Joint Status Report, filed.
  95. The Court has reviewed the parties' status report. The Court ORDERS the parties to file a further status report by April 29, 2025. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 04/02/2025 15:48:29
  96. Joint Status Report, filed.
  97. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 05/27/2025 Time: 11:00 AM
  98. Event Resulted: Status Conference scheduled on: 05/27/2025 11:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  99. Status videoconference held. The Plaintiffs appeared representing themselves. The defendant Rosemont Street abutters appeared through counsel. Defendants US Bank and Cornerstone Bank also appeared through counsel. Defendants Bank of America, Bank of Canton, and Bank 5 didn't appear. The parties report they have a settlement in principle, but have questions about what the Court may order or declare in this case. The Court told the parties it could not order relief at this time against persons who aren't currently parties to this suit. With the parties' agreement, the Court ORDERS all parties to file a joint status report by July 2, 2025, and every 30 days thereafter, concerning their settlement efforts. Plaintiffs asked during the hearing about Fall Rive Five Cents Savings Bank's (a/k/a Bank 5) status in this case. On July 17, 2024, the Rosemont Street abutters filed an amended answer to Plaintiffs' amended complaint. In their amended answer, the Rosemont Street abutters denied Plaintiffs hold any title in Rosemont Street. At the August 6, 2024, case-management conference, the Rosemont Street abutters contended they held title to parts of Rosemont Street. The Court told the parties who appeared at the conference that any party who challenged his or her opponent's title also was challenging that of his or her opponent's mortgagee, some of whom had appeared at the conference and some of whom hadn't (the latter included Bank 5). Plaintiffs then took it upon themselves to serve Bank 5 with a summons, even though Plaintiffs themselves had no claims against Bank 5. On September 23, 2024, Bank 5 appeared in this action and move to dismiss Plaintiffs' claims against Bank 5. On September 30, 2025, with Plaintiffs' agreement, the Court dismissed Plaintiffs' claims against Bank 5. Thus, as of this moment, Bank 5 is not a party to this lawsuit and does not need to join the joint status report due July 2, 2025. The Court nevertheless ADVISES the Rosemont Street abutters that if the parties do not settle this case, the Court will order the abutters to amend their complaint to bring any and all counterclaims they may have against both Plaintiff and Bank 5. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Nicholas Charles Adamopoulos, Esq. [email protected] Defendant: Kiel H Becker, Esq. [email protected] Defendant: Jack J Mikels, Esq. [email protected] Defendant: Michael A Wirtz, Esq. [email protected] Defendant: Jennifer Lynn Conrad, Esq. [email protected] Defendant: Renee A Kirk, Esq. [email protected] Defendant: Catherine V Eastwood, Esq. [email protected] Defendant: Keith Andrew Mitchell, Esq. [email protected] Interested Party: John J Coughlin, Esq. [email protected] Plaintiff: Kalimbiro Akeem Bujiriri [email protected] Plaintiff: Stella P. Mhosole [email protected] Sent On: 05/27/2025 14:35:58 Notice of Docket Entry sent to all parties by email.
  100. Joint Status Report, filed.
  101. Joint Status Report, filed.
  102. Motion to Withdraw - Kiel Becker, filed and ALLOWED (Vhay, J.). Notice of Docket entry sent to parties by email.
  103. Joint Status Report, filed.
  104. Joint Status Report, filed.
  105. Joint Status Report, filed.
  106. Joint Status Report, filed.
  107. Joint Status Report, filed.
  108. Joint Status Report, filed.
  109. Joint Status Report, filed.
  110. Joint Status Report, filed.

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