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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-06-01
Status Open
Type E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 130 entries

Parties

Plaintiff Mockler, Brendan T.|Galindo Mendez, Brahyan J.
Defendant Popp, Joanne M.

Lawyers

Docket Entries

  1. Scheduled Judge: Reznick, Hon. Lauren E. Event: Pre-Trial Conference VIA ZOOM Date: 03/03/2026 Time: 02:30 PM Email notice to: Attorney Shannon F. Slaughter; Attorney Clara E. Lyons; Attorney Kaleena Machado; and Pro Se Defendant Joanne Popp. Courtesy copy to: Land Court Mediator Barbara J. Macy, Esq.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 441470 Date: 06/01/2023
  4. Land Court surcharge Receipt: 441470 Date: 06/01/2023
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. This case has been RE-ASSIGNED to the Hon. Jennifer S.D. Roberts.
  7. Summons returned to Court with service on Joanne M. Popp filed. 06/15/2023: Service at the last and usual place of abode and by mailing 1st class.
  8. Notice of Appearance (of Pro Se Defendant Joanne M. Popp), filed.
  9. Certificate of Service (Defendant Pro Se Joanne M. Popp's Notice of Appearance on Plaintiffs), filed.
  10. Defendant's Answer to Verified Complaint and Defendant's Counterclaim, filed
  11. Certificate of Service (Defendant's Answer to Verified Complaint, Defendant's Defenses, and Defendant's Counterclaims), filed.
  12. Plaintiffs' Answer to Counterclaims, filed.
  13. The case has been assigned to the F Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  14. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 08/18/2023 Time: 10:00 AM Email notice to: Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp.
  15. Plaintiffs' Motion to Continue Case Management Conference (scheduled August 18, 2023), filed.
  16. Plaintiffs' Motion to Continue Case Management Conference ALLOWED. Case Management Conference via Zoom scheduled August 18, 2023 at 10:00 AM is VACATED. Case Management Conference via Zoom is rescheduled to September 8, 2023 at 10:30 AM. Email notice to: Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  17. Event Resulted: Case Management Conference scheduled on: 08/18/2023 10:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  18. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 09/08/2023 Time: 10:30 AM Email notice to: Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp.
  19. (Joint) Case Management Conference Statement, filed.
  20. Event Resulted: Case Management Conference scheduled on: 09/08/2023 10:30 AM Has been: Held via video. Attorney Shannon F. Slaughter appeared for the plaintiffs, and defendant Joanne M. Popp appeared pro se. As a preliminary matter, the court informed the parties that it directed Clerk Hayes to remove Brendan T. Mockler ("Mr. Mockler") from the docket as representing himself pro se. An appearance under Rule 11 constitutes an appearance in the case as a whole, therefore it is the court's understanding that Mr. Mockler cannot engage counsel to represent him on some claims but represent himself as to others. The court invited Attorney Slaughter to provide law to the contrary, in which case the court will reconsider its action. After discussion of the boundary line, the court determined there is a dispute over the boundary line and the court has jurisdiction to hear this case. Early Intervention Event held. The court referred the parties to Barbara Macy, In-House Mediator for the Land Court. Accordingly, the case is STAYED for 30 days for the parties to participate in mediation. The parties may request a further stay if more time is needed to complete mediation. The parties are also ORDERED to leave the property in dispute in its current condition until further order of the court. That order includes a prohibition against performing routine maintenance in the disputed area. The court set a discovery deadline of January 31, 2024 and scheduled a Status Conference, by videoconference, on January 31, 2024 at 10:00 a.m. Email notice to: Attorney Shannon F. Slaughter and Pro Se Defendant Joanne M. Popp. Hon. Jennifer S.D. Roberts, Presiding
  21. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  22. Alternative Dispute Resolution: Early Intervention Event held. Judge: Roberts, Hon. Jennifer S.D.
  23. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 01/31/2024 Time: 10:00 AM Email notice to: Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp.
  24. In view of Attorney Macy's schedule, this matter is STAYED UNTIL FURTHER ORDER OF THE COURT. The parties are directed to provide a status report to the court on December 15, 2023 if the matter is not earlier resolved. Email notice to: Judge: Roberts, Hon. Jennifer S.D.
  25. In view of Attorney Macy's schedule, this matter is STAYED UNTIL FURTHER ORDER OF THE COURT. The parties are directed to provide a status report to the court on December 15, 2023 if the matter is not earlier resolved. Email notice to: Attorney Kaleena Machado; Attorney Shannon F. Slaughter; and Pro Se Defendant Joanne M. Popp. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  26. CASE STAYED UNTIL FURTHER ORDER OF THE COURT. Judge: Roberts, Hon. Jennifer S.D.
  27. Appearance of Robert Nislick, Esq. for Brendan T. Mockler, Brahyan J. Galindo Mendez, filed
  28. Status Report (dated December 14, 2023), filed.
  29. Event Resulted: Status Conference scheduled on: 01/31/2024 10:00 AM Has been: Held via video. Attorneys Shannon F. Slaughter and Robert Nislick appeared for the plaintiffs and defendant Joanne M. Popp appeared pro se. Land Court mediator Barbara J. Macy, Esq. also appeared. Attorney Slaughter reported that mediation was unsuccessful and that the parties would like to proceed to discovery and summary judgment. Ms. Popp agreed. After discussion, the court set a discovery deadline of July 31, 2024 and scheduled a Status Conference for July 31, 2024 at 9:00 a.m. At that time, the court and the parties can determine how to best proceed, whether by summary judgment or trial. The discovery stay in the September 8, 2023 docket entry is hereby LIFTED. The order requiring that the property be kept in its current condition remains in effect. Email notice to: Attorney Shannon F. Slaughter; Attorney Robert Nislick; and Pro Se Defendant Joanne M. Popp. Hon. Jennifer S.D. Roberts, Presiding
  30. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  31. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 07/31/2024 Time: 09:00 AM Email notice to: Attorney Shannon F. Slaughter; Attorney Robert Nislick; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp.
  32. The July 31, 2024 Status Conference is hereby VACATED. The parties are instead ORDERED to file a joint status report on that date. Email notice to: Attorney Shannon F. Slaughter; Attorney Robert Nislick; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  33. Event Resulted: Status Conference scheduled on: 07/31/2024 09:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
  34. Plaintiffs' Motion to Add Necessary Parties, filed.
  35. [Proposed] Amended Complaint, filed.
  36. Any opposition to Plaintiffs' Motion to Add Necessary Parties should be filed and served by 4:30 p.m. on March 4, 2024. Email notice to: Attorney Shannon F. Slaughter; Attorney Robert Nislick; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  37. Defendants' Motion In Opposition to Plaintiffs' Motion to Add Necessary Parties, filed.
  38. Affidavit of Joanne M. Popp Supporting Defendants' Motion In Opposition to Plaintiffs' Motion to Add Necessary Parties, filed.
  39. Certificate of Service (of Defendants' Motion In Opposition to Plaintiffs' Motion to Add Necessary Parties and Affidavit of Joanne M. Popp Supporting Defendants' Motion In Opposition of Plaintiffs' Motion to Add Necessary Parties), filed.
  40. Plaintiffs' Motion To Add Necessary Parties ("the Motion"), to which the defendant has filed a written opposition, is addressed without hearing pursuant to Land Court Rule 6. The Motion seeks to add the parties' respective mortgagees to this case, which involves a dispute as to the boundary line between the plaintiffs' and the defendant's abutting properties. The deeds to both parties' properties convey those properties with reference to plans, Lot 5R on a plan entitled "Plan Of Land Holliston, Massachusetts (Middlesex County) Scale 1" = 40' January 23, 2003" recorded with the Middlesex South Registry of Deeds ("the Registry") as Plan No. 259 of 2003 as to the defendant's property and Lot 30 on a plan entitled "Amended Definitive Subdivision Plan 'Evergreen Square' - Evergreen Street Holliston, Massachusetts" recorded with the Registry as Plan No. 339 of 2002 as to the plaintiffs' property. Both plans contain the same metes and bounds description of the boundary line between the parties' properties. This action does not affect what land is encumbered by the parties' mortgages (a review of the Registry records reveals that the mortgages at issue here refer to the encumbered property by reference to the lot numbers shown on the plans), but where the boundary line between those two properties is located. The mortgagees are not necessary parties to this proceeding. Accordingly, the Motion is DENIED. Email notice to: Attorney Shannon F. Slaughter; Attorney Robert Nislick; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  41. Appearance of Clara E Lyons, Esq. for Brendan T. Mockler, Brahyan J. Galindo Mendez, filed
  42. Withdrawal of Robert Nislick, Esq. for Brendan T. Mockler, Brahyan J. Galindo Mendez, filed
  43. Certificate of Service, filed.
  44. Certificate of Service, filed.
  45. Joint Status Report, filed.
  46. The Court has reviewed the parties' Joint Status Report. The Court ORDERS the parties to file by August 9, 2024, (1) all motions to extend the now-expired discovery period, and (2) all motions to compel discovery (the latter motions may request as relief additional time to complete discovery). The Court PROHIBITS the parties from filing any dispositive motions without leave of the Court. SO ORDERED. Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  47. Plaintiffs' Motion to Compel Inspection, filed.
  48. The Court has received Plaintiffs' motion to compel inspection. The Court ORDERS Ms. Popp to file by August 9, 2024, any opposition to the motion. SO ORDERED. Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  49. Defendant's Motion In Opposition to Plaintiffs' Motion to Compel Inspection, filed.
  50. Affidavit of Joanne M. Popp Supporting Defendant's Motion In Opposition to Plaintiffs' Motion to Compel Inspection, filed.
  51. Certificate of Service, filed.
  52. The Court has reviewed Plaintiffs' Motion to Compel Inspection and Ms. Popp's opposition. The Court GRANTS the motion in part. Rule 34(b)(1), Mass. R. Civ. P., requires that a request for inspection include a "reasonable time, place, and manner" of inspection, but the Court does not agree with Ms. Popp that the requested inspection date never can be sooner than 30 days. The Court thus ORDERS the parties to confer promptly on a mutually convenient date and time for the requested inspection. If the parties cannot agree, the Court ORDERS Plaintiffs to file by August 23, 2024, any request for a further order directing an inspection. The Court allows the inspection notwithstanding that the discovery period remains closed as of July 31, 2024. The Court DENIES Plaintiffs' request for attorney's fees. SO ORDERED. Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  53. Plaintiffs' Motion for Leave to File Motion for Summary Judgment, filed.
  54. The Court has received Plaintiffs' motion for leave to file a motion for summary judgment that purportedly will resolve all claims and counterclaims in this case. The Court ORDERS Ms. Popp to file by September 13, 2024, any opposition to the motion for leave. SO ORDERED. Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  55. Defendant's Response to Plaintiffs' Motion for Leave to File Motion for Summary Judgment, and Request for Leave to File Motion for Summary Judgment, filed.
  56. Certificate of Service, filed.
  57. Scheduled Judge: Vhay, Hon. Michael D. Event: Motion and Cross Motion for Summary Judgment VIA TELEPHONE Date: 09/20/2024 Time: 11:00 AM Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp.
  58. Event Resulted: Telephone Conference Call scheduled on: 09/20/2024 11:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  59. Telephonic hearing on the parties' cross-motions for leave to file summary-judgment motions held. Plaintiffs appeared through counsel. Ms. Popp appeared representing herself. After hearing arguments from the parties, the Court DENIES both motions for leave to file summary-judgment motions. Judge Vhay will ask the Chief Justice of the Land Court to assign this case to an active justice for all further proceedings. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected] Sent On: 09/20/2024 13:10:03
  60. APPEALS COURT CLERK'S OFFICE RE: No. 2024-J-0653 Lower Court No. 23 MISC 000239 BRENDAN T. MOCKLER & another vs. JOANNE M. POPP NOTICE OF DOCKET ENTRY Please take note that on October 17, 2024, the following entry was made on the docket of the above-referenced case: Petition pursuant to G.L. c. 231, s. 118 filed for Brendan T. Mockler and Brahyan J. Galindo Mendez by Attorney Shannon Slaughter. Dated: October 17, 2024
  61. APPEALS COURT CLERK'S OFFICE October 21, 2024 RE: No. 2024-J-0653 Lower Ct. No.: 23MISC000239 BRENDAN T. MOCKLER & another vs. JOANNE M. POPP NOTICE OF DOCKET ENTRY Please take note that on October 21, 2024, the following entry was made on the docket of the above-referenced case: RE#1: The plaintiffs Brendan Mockler and Brahyan Galindo Mendez have filed a petition pursuant to G.L. c. 231, s.118, first par. requesting review of the 9/20/24 order of the Land Court (23 MISC 000239) denying their motion for leave to file a motion for summary judgment. To obtain relief under G. L. c. 231, s. 118, first par., the petitioner faces a substantial burden and must demonstrate that the challenged order is the product of a clear error of law or an abuse of discretion. See Jet-Line Services, Inc. v. Board of Selectmen of Stoughton, 25 Mass App. Ct. 645, 646 (1988). A single justice's authority to overrule an interlocutory order of a trial court should "be exercised in a stinting manner with suitable respect for the principle that the exercise of judicial discretion circumscribes the scope of available relief." See Edwin R. Sage Co. v. Foley, 12 Mass App. Ct. 20, 25 (1981). After review of the petition and supporting documents, I conclude that the plaintiffs have not demonstrated a clear error of law or an abuse of discretion in the 9/20/24 order denying their motion for leave to file motion for summary judgment. Accordingly, the petition is denied. (Desmond, J.). *Notice/attest/Vhay, J/Roberts, J.
  62. This case has been REASSIGNED to the Hon. Lauren E. Reznick. Please direct further communication to Sessions Clerk Kathleen Hayes at [email protected]. (Piper, C.J.) Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  63. Scheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 01/21/2025 Time: 09:30 AM Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Reznick, Hon. Lauren E.
  64. Event Resulted: Status Conference scheduled on: 01/21/2025 09:30 AM Has been: Held via video. Attorneys Clara E. Lyons and Kaleena Machado appeared for the plaintiff, and Ms. Joanne Popp appeared pro se. Attorney Lyons explained that this case involves a boundary dispute between two neighbors, primarily concerning a fence that allegedly encroaches up to one foot onto plaintiffs' property. Attorney Lyons reported that discovery is complete and that the matter is ready for trial. Ms. Popp added that her counterclaims also concern ownership of the trees lining their boundary. Ms. Popp concurred that discovery was complete but expressed concern that plaintiffs will attempt to add undisclosed experts prior to trial. Attorney Lyons stated that she does not anticipate the addition of any undisclosed experts. The court explained that any disputes about witnesses or exhibits can be fleshed out in the pre-trial memorandum and addressed thereafter at the pre-trial conference. After discussion, the court scheduled a pre-trial conference for February 26, 2025 at 10:00 a.m. Notice and a pre-trial order to follow. The joint pre-trial memorandum is due February 19, 2025. Attorney Lyons agreed to send Ms. Popp the first draft of the joint memorandum by February 7, 2025. The court also directed the parties to consider whether they are amenable to conducting the trial as a summary bench trial under Land Court Rule 14 and report their preference in the joint memorandum. Although earlier efforts at mediation were not successful, the court encouraged the parties to continue to explore settlement discussions. Email notice to: Attorney Clara E. Lyons; Attorney Kaleena Machado; and Pro Se Defendant Joanne Popp. Hon. Lauren E. Reznick, Presiding
  65. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  66. Scheduled Judge: Reznick, Hon. Lauren E. Event: Pre-Trial Conference VIA ZOOM Date: 02/26/2025 Time: 10:00 AM Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp.
  67. Defendant's Motion to Continue Pretrial Conference (scheduled February 26, 2025), filed.
  68. Affidavit of Joanne M. Popp Supporting Defendant's Motion to Continue Pretrial Conference, filed.
  69. Certificate of Service, filed.
  70. Defendant's Motion to Continue Pretrial Conference (scheduled February 26, 2025) ALLOWED. Pretrial Conference via Zoom scheduled February 26, 2025 at 10:00 AM is VACATED. Pretrial Conference via Zoom to be continued to a date to be determined. Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  71. Event Resulted: Pre-Trial Conference scheduled on: 02/26/2025 10:00 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Lauren E. Reznick, Presiding
  72. Scheduled Judge: Reznick, Hon. Lauren E. Event: Pre-Trial Conference VIA ZOOM Date: 04/09/2025 Time: 11:00 AM Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp
  73. Plaintiffs' Pretrial Memorandum, filed. (Courtesy copy received April 7, 2025)
  74. Event Resulted: Pre-Trial Conference scheduled on: 04/09/2025 11:00 AM Has been: Held via video. Attorneys Clara E. Lyons and Shannon F. Slaughter appeared for plaintiffs, and Ms. Joanne Popp appeared pro se. After discussion concerning the pre-trial memorandum, issues for trial, and scheduling of motion practice, post-conference order to issue. Email notice to: attorney Clara E. Lyons; Attorney Shannon F. Slaughter; and Pro Se Defendant Joanne M. Popp. Hon. Lauren E. Reznick, Presiding
  75. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  76. Scheduled Judge: Reznick, Hon. Lauren E. Event: Pre-Trial Conference VIA ZOOM Date: 07/11/2025 Time: 11:00 AM Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp
  77. Scheduled Judge: Reznick, Hon. Lauren E. Event: Motion(s) in Limine ON SITE AT THE COURTHOUSE Date: 06/30/2025 Time: 02:30 PM Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp
  78. Scheduled Judge: Reznick, Hon. Lauren E. Event: View OFF SITE AT THE PROPERTY Date: 07/21/2025 Time: 09:30 AM Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp
  79. Order in Advance of Trial, issued. (Copies emailed to Attorneys Clara Lyons, Kaleena Machado, Shannon Slaughter, and Pro Se Defendant Joanne Popp) Judge: Reznick, Hon. Lauren E.
  80. CORRECTED Order in Advance of Trial, issued. (Copies emailed to Attorneys Clara Lyons, Kaleena Machado, Shannon Slaughter, and Pro Se Defendant Joanne Popp) Judge: Reznick, Hon. Lauren E.
  81. Plaintiffs' Witness List, filed.
  82. Plaintiffs' Exhibit List, filed.
  83. Certificate of Service (of Defendant's Witness List and Defendant's Exhibit List), filed.
  84. Defendant's Exhibit List, filed.
  85. Defendant's Witness List, filed.
  86. Defendant's Motion to Substitute Exhibit Binder (with a replacement three-ring binder and exhibit stickers), filed.
  87. Affidavit of Joanne M. Popp Supporting Defendant's Motion to Substitute Exhibit Binder (clarified that all exhibits previously submitted will remain the same), filed.
  88. Certificate of Service (Motion to Substitute Exhibit Binder), filed.
  89. Certificate of Service (Defendant's Exhibit Binder Defendant's Exhibit List and Witness List; and USB Drive), filed.
  90. Defendant's Motion to Substitute Exhibit Binder (with a replacement three-ring binder and exhibit stickers), ALLOWED. Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  91. Plaintiffs' Motion In Limine to Exclude Certain Proposed Evidence, filed.
  92. Plaintiffs' Motion In Limine Regarding Timber Trespass, filed.
  93. Plaintiffs' Motion In Limine to Exclude Defendant From Pursuing A Conduct-Based "Nuisance" Claim Due to Lack of Jurisdiction, filed.
  94. Plaintiffs' Motion In Limine to Prevent the Defendant From Arguing Than An "Access Easement" Allows Her to Maintain Encroachments On the Plaintiffs' Land, filed.
  95. Plaintiffs' Complaint for Contempt, filed.
  96. Affidavit of Brendan T. Mockler, filed.
  97. Defendant's Motion In Limine to Exclude Plaintiffs' Fact and Expert Witnesses From Testifying at Trial, filed.
  98. Defendant's Memorandum In Support of Defendant's Motion In Limine to Exclude Plaintiffs' Fact and Expert Witnesses From Testifying At Trial, filed.
  99. Defendant's Motion In Limine to Exclude Plaintiffs' Exhibit "Certified Plot Plan Prepared by Continental Land Survey, LLC", filed.
  100. Defendant's Appendix for Motions In Limine, filed. (Courtesy copy received June 26, 2025)
  101. Affidavit of Defendant In Support of Motions In Limine, filed.
  102. (Defendant's) Certificate of Service, filed.
  103. May 30, 2025. The court is in receipt of the Plaintiffs' Complaint for Contempt and accompanying Affidavit of Brendan T. Mockler. Upon review, Summons on plaintiffs' complaint for contempt pursuant to Mass. R. Civ. P. 65.3 for a hearing on June 6, 2025 at 11:00am by Zoom videoconference shall issue. Plaintiff is instructed to promptly serve defendant all moving papers and return to the court proof of service prior to the contempt hearing. (Reznick, J.) Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected] Sent On: 05/30/2025 10:21:36
  104. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Reznick, Hon. Lauren E. Event: Hearing on Complaint for Contempt VIA ZOOM Date: 06/06/2025 Time: 11:00 AM Email notice to: Attorney Clara E. Lyons; Attorney Shannon F. Slaughter; Attorney Kaleena Machado; and Pro Se Defendant Joanne M. Popp.
  105. Defendant's Answer to Plaintiffs' Complaint for Contempt, filed.
  106. Affidavit of Defendant In Support answer to Plaintiffs' Complaint for Contempt, filed.
  107. Certificate of Service, filed.
  108. Summons returned to Court with service on Joanne M. Popp filed. 05/31/2025: Service at the last and usual place of abode and by mailing 1st class.
  109. Event Resulted: Hearing on Complaint for Contempt scheduled on: 06/06/2025 11:00 AM Has been: Held via video. Attorneys Shannon F. Slaughter and Clara E. Lyons appeared for plaintiffs, and Ms. Joanne Popp appeared pro se. At the outset of the hearing, the court noted that this will not be an evidentiary hearing, but that the court intends to discuss how to proceed with the contempt action in a timely manner and whether plaintiffs are requesting any relief in the interim. The court also noted that Ms. Popp has already filed an answer. Attorney Slaughter explained that plaintiffs are concerned that the disputed area has been altered prior to the court's taking of a view for trial and would like the court to issue a further order requiring that the disputed area not be altered or "reiterate" its earlier order. Because of the allegations of trespass made by Ms. Popp in her answer (which plaintiffs deny), plaintiffs have not confirmed whether Ms. Popp has restored the area to its previous condition. Plaintiffs are not seeking any other relief in the interim. Ms. Popp reported that she has removed the rocks from the disputed area. She also requested that a contempt proceeding wait until after the trial so she may adequately prepare for trial and have the opportunity to hire counsel for the contempt proceeding. After discussion and by agreement of the parties, the court will wait to schedule an evidentiary hearing on the contempt complaint until after trial. The court noted that the order to leave the disputed property in its current condition, as ordered by the court (Roberts, J.) in docket entries on September 8, 2023 and reiterated on January 31, 2024, remains in effect until further order of the court. The court declined to enlarge, shrink, or modify this order and will not offer interpretations of the order as to future actions taken by the parties. All previously scheduled dates and deadlines regarding the upcoming trial remain in effect. Email notice to: Attorney Shannon F. Slaughter; Attorney Clara E. Lyons; and Pro Se Defendant Joanne Popp. Hon. Lauren E. Reznick, Presiding
  110. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  111. Plaintiffs' Opposition to Defendant's Motion In Limine to Exclude Plaintiffs' Fact and Expert Witnesses From Testifying at Trial, filed.
  112. Plaintiffs' Opposition to Defendant's Motion In Limine to Exclude Plaintiffs' Exhibit "Certified Plot Plan Prepared by Continental Land Survey, LLC", filed.
  113. Defendant's Opposition to Plaintiffs' Four Motions In Limine, filed.
  114. Event Resulted: Hearing on Pending Motions in Limine scheduled on: 06/30/2025 02:30 PM Has been: Held in person. Attorneys Shannon F. Slaughter and Clara E. Lyons appeared for plaintiffs, and Ms. Joanne Popp appeared pro se. The following motions were heard: (1) Plaintiffs' Motion in Limine to Exclude Certain Proposed Evidence (2) Plaintiffs' Motion in Limine Regarding Timber Trespass (3) Plaintiffs' Motion in Limine to Exclude Defendant from Pursuing a Conduct-Based "Nuisance" Claim Due to Lack of Jurisdiction (4) Plaintiffs' Motion in Limine to Prevent the Defendant from Arguing that an "Access Easement" Allows Her to Maintain Encroachments on the Plaintiffs' Land (5) Defendant's Motion in Limine to Exclude Plaintiffs' Fact and Expert Witnesses from Testifying at Trial (6) Defendant's Motion in Limine to Exclude Plaintiffs' Exhibit "Certified Plot Plan" Prepared by Continental Land Survey, LLC After argument, motions (1), (2), (3), (4), and (6) were taken UNDER ADVISEMENT. On the record, the court ALLOWED IN PART and DENIED IN PART motion (5). The court determined that its ruling on this motion required cancellation of the upcoming pre-trial, view, and trial dates in this case. This case will be removed from the court's trial calendar to allow for expert discovery to be reopened. An order on motions in limine and post-hearing order will be issued. Email notice to: Attorney Shannon F. Slaughter; Attorney Clara E. Lyons; and Pro Se Defendant Joanne M. Popp. Hon. Lauren E. Reznick, Presiding
  115. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  116. Event Resulted: Pre-Trial Conference scheduled on: 07/11/2025 11:00 AM Has been: Canceled Hon. Lauren E. Reznick, Presiding
  117. Event Resulted: View scheduled on: 07/21/2025 09:30 AM Has been: Canceled Hon. Lauren E. Reznick, Presiding
  118. Order on Motions in Limine and Post-Hearing Order, issued. (Copies emailed to Attorneys Clara Lyons, Kaleena Machado, Shannon Slaughter, and Pro Se Defendant Joanne Popp) Judge: Reznick, Hon. Lauren E.
  119. Pursuant to the Order on Motions in Limine and Post-Hearing Order, defendant's counterclaim for "Private Nuisance / Injunction: Count Two" (pages 13-14 of defendant's Answer and Counterclaim) is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Email notice to: Attorney Shannon F. Slaughter; Attorney Clara E. Lyons; Attorney Kaleena Machado; and Pro Se Defendant Joanne Popp. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  120. Defendant's Motion for Reconsideration and/or Modification of the July 2, 2025 Order (Reznick, J.), filed. (Courtesy copy received July 15, 2025)
  121. Affidavit of Defendant In Support of Motion for Reconsideration, filed.
  122. Certificate of Service (Defendant's filings on 07/14/2025), filed.
  123. Upon consideration of Defendant's Motion for Reconsideration and/or Modification of the July 2, 2025 Order under Land Court Rule 9, the motion is DENIED. In its June 30, 2025 rulings on the record (and subsequent July 2, 2025 Order) on defendant's motions to exclude, the court ordered a continuance of the scheduled trial to reopen expert discovery. This determination was within the bounds of the court's discretion given its finding that plaintiffs had failed to timely and adequately disclose their fact and expert witnesses during discovery, impeding defendant's preparation for trial. See Morgan v. Jozus, 67 Mass. App. Ct. 17, 24 (2006) ("While a judge, in the exercise of discretion, may exclude expert testimony for failure to comply with discovery, the judge must consider other options, including a sua sponte continuance of the trial."), citing Mattoon v. Pittsfield, 56 Mass. App. Ct. 124, 133 (2002). The court need not address most of the legal arguments raised in defendant's motion as it reiterates points she already raised during the hearing; however, the court writes to address defendant's contention that it impermissibly provided legal advice or guided plaintiffs' trial strategy at the June 30th hearing. The court's discussion with the parties regarding the admissibility of the "Certified Plot Plan" exhibit - including whether it was admissible through fact witness testimony alone, through a different expert witness, or if it contained hearsay - occurred within the context of arguments made on defendant's motion to exclude that plan. The court engaged with the legal arguments presented by both defendant in her motion and plaintiffs in their opposition, which is the fundamental purpose of a motion hearing. Defendant also argues that Mr. Charlton was improperly "converted" from a fact witness to an expert witness by the court after the disclosure deadline. However, the court reminds defendant that a pre-trial conference was initially scheduled for February 26, 2025, and then rescheduled to April 9, 2025, at defendant's request. But the court was unable to hold the April 9th conference because defendant did not comply with the court's pretrial notice and order and file a memorandum. As detailed in the subsequent April 22, 2025 Order in Advance of Trial, defendant's noncompliance "significantly impeded the court's ability to engage in its customary discussion of the trial issues and logistics with the parties during the pre-trial conference." Defendant's actions and delays necessitated extensive instructions, deadlines, and a motion briefing and hearing schedule to mitigate prejudice to plaintiffs who had complied with the court's notice and order. These measures were essential for the court to be able to address issues such as fact and expert witness testimony and the admissibility of evidence. The designation and extent of Mr. Charlton's testimony are precisely the matters that would have been raised and discussed during the pretrial conference that the court could not hold due to defendant's noncompliance. Instead, the court's first opportunity to discuss substantive trial logistics came at the June 30, 2025 hearing. Therefore, defendant's claim that these matters have come too late is unjustified. Finally, in her motion, defendant renews the request she made at the hearing to serve interrogatories on plaintiffs' experts. However, she cites no rule or legal authority supporting the use of interrogatories for expert discovery. While interrogatories are customary for parties under Mass. R. Civ. P. 33, there is no equivalent procedure for obtaining information from expert witnesses, other than through sworn deposition by oral examination or written questions. The parties, of course, remain free to confer and agree on an alternative procedure for conducting expert discovery more efficiently. Email notice to: Attorney Shannon F. Slaughter; Attorney Clara E. Lyons; Attorney Kaleena Machado; and Pro Se Defendant Joanne Popp. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  124. Plaintiffs' Partial Objection and Motion to Quash Subpoena Duces Tecum Served Upon Expert Christopher Charlton, filed.
  125. The court has received Plaintiffs' Partial Objection and Motion to Quash Subpoena Duces Tecum Served Upon Expert Christopher Charlton. Any opposition from defendant is due by September 22, 2025. All impending expert discovery deadlines are now suspended, pending resolution of this motion. This includes defendant's deadline to serve a supplemental response to plaintiffs' expert interrogatory on September 30th and plaintiffs' deadline to move for additional expert discovery on October 30th. New deadlines will be set following the court's decision. Email notice to: Attorney Shannon F. Slaughter; Attorney Clara E. Lyons; Attorney Kaleena Machado; and Pro Se Defendant Joanne Popp. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Joanne M. Popp [email protected]
  126. Defendant's Opposition to Plaintiffs' Partial Objection and Motion to Quash Subpoena Duces Tecum Served Upon Expert Christopher Charlton, filed.
  127. Affidavit of Defendant In Support of Defendant's Opposition, filed.
  128. Order on Plaintiffs' Partial Objection and Motion to Quash Subpoena Duces Tecum Served Upon Expert Christopher Charlton, issued. (Copies emailed to Attorneys Clara Lyons, Kaleena Machado, and Shannon Slaughter, and Pro Se Defendant Joanne M. Popp) Judge: Reznick, Hon. Lauren E.
  129. Joint Status Report, filed.
  130. Pursuant to the parties' Joint Status Report, the court is scheduling this matter for a further pre-trial conference on March 3, 2026 at 2:30 p.m., to be held by Zoom videoconference. In lieu of filing the joint pre-trial conference statement required by the court's standard Pre-Trial Conference Notice and Order, the court instead ORDERS the parties to file with the court updated versions of their respective witness and exhibit lists by February 24, 2026. The court expects the parties to update these lists in accordance with the court's prior rulings on the motions in limine and to be consistent with the subsequent orders of this court. For example, plaintiffs may update their witness list to include the expert witnesses disclosed in their supplemental expert interrogatory response and both parties may update their exhibit lists to include documents they now intend to introduce at trial that were produced in the reopened expert discovery period. Each party's updated witness and exhibit lists must clearly indicate any changes made to the prior versions of their lists. For each change noted, that party shall include a brief written explanation of the reason for the change, i.e., how such change is either mandated by or within the scope of the court's prior orders and rulings. Email notice to: Attorney Shannon F. Slaughter; Attorney Clara E. Lyons; Attorney Kaleena Machado; and Pro Se Defendant Joanne Popp. Courtesy copy to: Land Court Mediator Barbara J. Macy, Esq. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Clara E Lyons, Esq. [email protected] Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter DeLorey, Esq. [email protected] Interested Party: Barbara J Macy, Esq. [email protected] Defendant: Joanne M. Popp [email protected] Sent On: 01/28/2026 14:57:45

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