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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-08-23
Status Open
Type E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 60 entries

Parties

Plaintiff Sullivan, Timothy M.
Defendant Meo, James P.

Lawyers

Docket Entries

  1. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Broderick, Esq. [email protected] Defendant: John Anthony McDermott, Esq. [email protected] Sent On: 12/04/2025 15:43:01
  2. Land Court surcharge Receipt: 453432 Date: 08/23/2024
  3. Case assigned to the Average Track per Land Court Standing Order 1:04.
  4. Complaint eFiled.
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Michael Broderick, Esq. [email protected] Sent On: 08/28/2024 10:35:56
  7. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 10/04/2024 Time: 03:00 PM Counsel notified via email.
  8. Summons returned to Court with service on James P. Meo filed. Served at the last and usual place of abode and by mailing first class mail on September 6, 2024.
  9. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant James P. Meo, filed.
  10. Appearance of John Anthony McDermott, Esq. for James P. Meo, filed
  11. Defendant's Motion to Continue Case Management Conference (Assented to), filed.
  12. Defendant's Motion to Continue Case Management Conference (Assented to) ALLOWED. Case Management Conference will be continued to November 20, 2024 at 2:30 pm via zoom. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  13. Event Resulted: Case Management Conference scheduled on: 10/04/2024 03:00 PM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  14. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 11/20/2024 Time: 02:30 PM Counsel notified via email.
  15. Joint Motion to Continue Case Management Conference, filed and ALLOWED. Case Management Conference continued to January 7, 2025 at 9:30 am via zoom. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  16. Event Resulted: Case Management Conference scheduled on: 11/20/2024 02:30 PM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  17. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 01/07/2025 Time: 09:30 AM Counsel notified via email.
  18. (Plaintiff's) Case Management Conference Statement, filed.
  19. Answer and Verified Counterclaim, filed.
  20. Motion for Lis Pendens, filed.
  21. Memorandum in Support of Motion for Lis Pendens, filed.
  22. Affidavit of John A. McDermott, Esq., filed.
  23. Affidavit of James P. Meo, filed.
  24. (Proposed) Memorandum of Lis Pendens, filed.
  25. Defendant James P. Meo's Case Management Conference Statement, filed.
  26. Hearing Notice issued on Application for Lis Pendens. Judge: Rubin, Hon. Diane R. Event: Hearing on Lis Pendens Date: 01/07/2025 Time: 09:30 AM
  27. Copy of Plaintiff's Survey, filed.
  28. Defendant's Chalk, filed.
  29. Order Referring Case to Dispute Resolution Screening Session, issued. (Copies emailed to Attorneys Michael Broderick and John McDermott) Judge: Rubin, Hon. Diane R.
  30. Event Resulted: Hearing on Lis Pendens scheduled on: 01/07/2025 09:30 AM Has been: Held via video Hon. Diane R. Rubin, Presiding
  31. Event Resulted: Case Management Conference scheduled on: 01/07/2025 09:30 AM Has been: Hearing on Lis Pendens and initial case management conference and early intervention held via videoconference. Attorney Michael Broderick appeared on behalf of plaintiff, who was present. Attorney John McDermott appeared on behalf of defendant, who was present along with his wife. Court is in receipt of the Complaint, Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant James P. Meo, (Plaintiff's), Case Management Conference Statement, Answer and Verified Counterclaim, Motion for Lis Pendens, Memorandum in Support of Motion for Lis Pendens, Affidavit of John A. McDermott, Esq., Affidavit of James P. Meo, (Proposed) Memorandum of Lis Pendens, and Defendant James P. Meo's Case Management Conference Statement. By way of background, Attorney Broderick explained that plaintiff filed suit for trespass on his property located at 52 High Street, Billerica (the "Plaintiff's Property), with defendant filing an answer and counterclaim asserting adverse possession over a portion of the Plaintiff's Property along the shared boundary. Using the screenshare function of Zoom, counsel presented plaintiffs' plot plan, prepared by Boston Survey Inc., dated April 3, 2024 (the "Plaintiff's Survey"), followed by a version of the same plan, modified by the defendant in color to show the area in dispute. Counsel reported that the parties disagree as to the extent of the disputed area that may be subject to a claim of adverse possession. Attorney Broderick to file the Plaintiff's Survey with the court, with a courtesy copy emailed to sessions clerk, Jennifer Noonan. With respect to defendant's Motion for Lis Pendens, court to ALLOW the motion, finding that the counterclaim constitutes a claim of a right to title, use, or occupation of real property or the buildings thereon, pursuant to G.L. c. 184, 15. Attorney McDermott to file the proposed Memorandum of Lis Pendens and the marked-up Plaintiff's Survey (in word), at which time order of approval to issue. With respect to the defendant's answer and counterclaim, court DISMISSES counts IV, V, and VI for lack of jurisdiction (asserting claims for Invasion of Privacy, Private Nuisance, and Injunctive Relief, all related to plaintiff's alleged installation of security cameras) as these claims do not involve any dispute as to "right, title, or interest in land." G.L. c. 185, 1(k), nor is ancillary jurisdiction appropriate given the limited nature of the underlying dispute. See Ritter v. Bergmann, 72 Mass. App. Ct. 296, 302 (2008). Following colloquy, court encouraged parties to consider the possibility of mediation of this matter to avoid the time, expense, and risk of further litigation. Court to issue a Mediation Screening Order. By March 3, 2025, parties to report on willingness to mediate. By March 26, 2025, parties to file a joint status report. Status conference scheduled for April 2, 2025, at 2:00P.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  32. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 04/02/2025 Time: 02:00 PM
  33. Judicial Endorsement of Memorandum of Lis Pendens (G.L. c. 184 15) issued and endorsed by the Court. (Copies emailed to Attorneys Michael Broderick and John McDermott) Judge: Rubin, Hon. Diane R.
  34. Plaintiff's Answer to Defendant's Counterclaim, filed.
  35. ADR Referral Form from REBA Dispute Resolution, Inc. Parties elected to participate in dispute resolution through the Program. Mediation scheduled for Wednesday, April 23, 2025 with Judge Grossman or Judge Sands.
  36. ADR Report of REBA: Parties have a Mediation with Judge Grossman on Wednesday, April 23, 2025.
  37. Event Resulted: Status Conference scheduled on: 04/02/2025 02:00 PM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  38. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/05/2025 Time: 10:00 AM Counsel notified via email.
  39. ADR Report of REBA: Parties have a Mediation with Judge Grossman on Wednesday, April 23, 2025 and the case settled.
  40. Joint Status Report, filed.
  41. Event Resulted: Status Conference scheduled on: 05/05/2025 10:00 AM Has been: Status conference held via videoconference. Attorney Michael Broderick appeared on behalf of plaintiff, who was present. Attorney John McDermott appeared on behalf of defendant. Court is in receipt of Plaintiff's Answer to Defendant's Counterclaim and Joint Status Report. Counsel advised that parties participated in mediation with Judge Grossman and have been working toward finalizing a settlement agreement. Parties to continue working together to reach a negotiated resolution and a proposed path for disposition, whether by dismissal of the case, motion for agreement for judgment pursuant to Land Court Rule 10, or otherwise. Status conference scheduled for June 24, 2025, at 11:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  42. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/24/2025 Time: 11:30 AM
  43. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Broderick, Esq. [email protected] Defendant: John Anthony McDermott, Esq. [email protected] Sent On: 05/08/2025 11:47:38
  44. Event Resulted: Status Conference scheduled on: 06/24/2025 11:30 AM Has been: Status conference held via videoconference. Attorney Michael Broderick appeared on behalf of plaintiff. Attorney John McDermott appeared on behalf of defendant. Counsel advised the parties attended mediation with Judge Grossman but were unable to achieve a settlement at that mediation session. Parties and counsel have continued thereafter to work together to reach a negotiated resolution and a proposed path for disposition. Accordingly, court set a status conference scheduled for August 19, 2025, at 11:30A.M., with parties to be present. Counsel also requested the court put in place a discovery schedule in the event they are unsuccessful in achieving a negotiated resolution. Accordingly, court set the following schedule: by October 31, 2025, discovery to be complete, to include any expert designations and disclosures. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  45. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Broderick, Esq. [email protected] Defendant: John Anthony McDermott, Esq. [email protected] Sent On: 06/26/2025 14:39:16
  46. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/19/2025 Time: 11:30 AM
  47. Event Resulted: Status Conference scheduled on: 08/19/2025 12:00 PM Has been: Status conference held via videoconference. Attorney Michael Broderick appeared on behalf of plaintiff who was present. Attorney John McDermott appeared on behalf of defendant who was present. Counsel reported that parties had reached an impasse with settlement discussions. Court discussed with those present the area of defendant's alleged trespass on plaintiff's property located at 52 High Street, Billerica, which defendant claims by adverse possession (the "Disputed Area"). Using the screenshare function of Zoom, Attorney Broderick presented plaintiff's plot plan, dated April 2025, prepared for and presented at mediation (and not yet filed with the court), depicting two triangular areas that comprise the Disputed Area ("Plaintiff's 2025 Plan"). Following colloquy, court set the following schedule: (1) By August 22, 2025, plaintiff to file Plaintiff's 2025 Plan; (2) By October 22, 2025, defendant to file either: (a) a statement as to whether he agrees with the accuracy of the metes and bounds of plaintiff's survey and the Disputed Area as depicted thereon (although contesting title); or (b) defendant's own survey delineating the Disputed Area, existing conditions, property boundaries, structures, paving, landscape elements, grass areas, fencing, and other monuments, with plaintiff to file a response by November 24, 2025. Also, by November 24, 2025, all discovery to close to include all expert designations and disclosures. Court encouraged the parties to consider the possibility of continued settlement discussions to avoid the time, expense, and risk of further litigation. By December 11, 2025, parties to file a joint status report confirming that discovery is complete and advising the court of the status of settlement efforts and any other matters that might benefit from the court's attention. Status conference scheduled for December 18, 2025, at 9:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  48. Notice of Filing Plaintiff's Survey, filed.
  49. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Broderick, Esq. [email protected] Defendant: John Anthony McDermott, Esq. [email protected] Sent On: 08/21/2025 14:23:58
  50. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 12/18/2025 Time: 09:30 AM
  51. Event Resulted: Status Conference scheduled on: 12/18/2025 09:30 AM Has been: Continued to December 3, 2025 at 10:00 am at the suggestion of the court. Counsel to file a Joint Status Report by November 25, 2025. Hon. Diane R. Rubin, Presiding
  52. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 12/03/2025 Time: 10:00 AM
  53. Notice of Filing of Defendant's Survey and Defendant's Surveyor Opinion Letter, filed.
  54. Notice of Confirmatory Filing of Defendant's Survey, filed.
  55. Defendant's Survey - Plan of Land 54 Hight Street, filed.
  56. Notice of Filing Plaintiff's Response to Defendant's Survey, filed.
  57. Joint Status Report, filed.
  58. Notice of Docket Entry: Atty. McDermott emailed the court clarifying that the survey that is attached to Defendant's October 20th, October 22nd and October 23rd filings are all the same plan. Defendant's October 23rd submission should be the clearest copy of the plan for viewability. Judge: Rubin, Hon. Diane R. Notice of Docket Entry was generated and sent to: Plaintiff: Michael Broderick, Esq. [email protected] Defendant: John Anthony McDermott, Esq. [email protected] Sent On: 12/01/2025 12:31:49
  59. Event Resulted: Status Conference scheduled on: 12/03/2025 10:00 AM Has been: Status conference held via videoconference. Attorney Michael Broderick appeared on behalf of the plaintiff, who was present. Attorney John McDermott appeared on behalf of the defendant, who was also present. Court is in receipt of Notice of Filing of Defendant's Survey and Defendant's Surveyor Opinion Letter, Notice of Confirmatory Filing of Defendant's Survey, Defendant's Survey - Plan of Land 54 Hight Street, Notice of Filing Plaintiff's Response to Defendant's Survey, and the Joint Status Report. Using the screenshare function of Zoom, court reviewed with those in attendance the Defendant's Survey - Plan of Land 54 Hight Street, prepared by Cabco Consult Land & Environmental, dated October 23, 2025 ("Defendant's Plan"), which delineates the alleged area of adverse possession. Attorney Broderick presented Plaintiff's Response to Defendant's Survey, noting that Mr. Sullivan takes issues with the monuments utilized by Defendant's surveyor to establish the location of the fence, since that fence is no longer in place. Following colloquy, court set the following schedule: by January 30, 2026, discovery to be complete, to include any expert designations and disclosures. By February 17, 2026, parties to file a joint status report informing the court on the status of discovery, prospects for mediation and/or settlement, and whether parties are ready to proceed to trial. Status conference scheduled for February 23, 2026, at 2:30P.M.on. Diane R. Rubin, Presiding
  60. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/23/2026 Time: 02:30 PM

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