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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-08-30
Status Open
Type E Filed Ota Other
Docket 51 entries

Parties

Plaintiff Ozioli, Michele
Defendant Tsarhopoulos, Paul|O'brien, Michael|Tsarhopoulos, Tina|Falmouth Seacoast Llc

Lawyers

Docket Entries

  1. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Travis C Jackson, Esq. [email protected] Defendant: Edward C Cooley, Esq. [email protected] Defendant: Abigail C Leighton, Esq. [email protected] Sent On: 11/12/2025 09:02:42
  2. Land Court miscellaneous filing fee Receipt: 453631 Date: 09/03/2024
  3. Land Court surcharge Receipt: 453631 Date: 09/03/2024
  4. Case assigned to the Average Track per Land Court Standing Order 1:04.
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Exhibits to Complaint, filed.
  7. The case has been assigned to the A Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Michele Ozioli [email protected] Sent On: 09/04/2024 12:26:23
  8. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 10/02/2024 Time: 11:00 AM
  9. Motion to Continue Case Management Conference, filed. (Courtesy copy received on September 20, 2024)
  10. September 12, 2024. Motion to Continue Case Management Conference ALLOWED. The October 2, 2024 case management conference is continued to December 5, 2024 at 9:15 am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Michele Ozioli [email protected] Sent On: 09/12/2024 16:23:56
  11. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/05/2024 Time: 09:15 AM
  12. Summons returned to Court with service on Michael O'Brien filed. (Served on September 13, 2024 by leaving at the last and usual abode)
  13. Event Resulted: Case Management Conference scheduled on: 10/02/2024 11:00 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Robert B. Foster, Presiding
  14. Summons returned to Court with service on Paul Tsarhopoulos, Tina Tsarhopoulos filed. Served (one to each defendant) by leaving at the last and usual abode on September 11, 2024
  15. Answer, Affirmative Defenses, and Counterclaims, filed.
  16. Motion to Substitute Falmouth Seacoast LLC as Named Defendant, filed.
  17. Plaintiff Motion to Dismiss, filed.
  18. Plaintiffs Reply to Counterclaim with Plaintiffs Motion to Move for a More Definitive Answer, filed.
  19. Assented Motion to Continue Case Management Conference, filed.
  20. Event Resulted: Case Management Conference scheduled on: 12/05/2024 09:15 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  21. November 15, 2024. Assented Motion to Continue Case Management Conference ALLOWED. The case management conference set down for December 5, 2024 is continued to January 7, 2025 at 10:15am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Edward C Cooley, Esq. [email protected] Defendant: Abigail C Leighton, Esq. [email protected] Plaintiff: Michele Ozioli [email protected] Sent On: 11/15/2024 12:28:12
  22. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/07/2025 Time: 10:15 AM
  23. Joint Case Management Conference Statement, filed.
  24. LAR Appearance filed by Kymberly K Ashley, Esq. to provide limited representation to Plaintiff(s) Michele Ozioli for Case Management Conference scheduled for January 7, 2025.
  25. Event Resulted: Case Management Conference scheduled on: 01/07/2025 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 7, 2025. Case Management Conference held via Zoom. Attorneys Edward C. Cooley and Maura Elaine O'Keefe appeared. Attorney Kymberly K. Ashley appeared on a Limited Assistance Representation basis alongside Michele Ozioli. Early Intervention Event held. This case is an adverse possession claim of a disputed placement perimeter of a fence regarding real property in Falmouth. As the parties confirm with the court Falmouth Seacoast LLC is the sole title holder of the abutting property, Falmouth Seacoast LLC is substituted as party defendant. After discussion, the Plaintiff's Motion to Dismiss is DENIED. Parties to discuss settlement. A status conference is set down for February 24, 2024 at 2:00 pm to report on settlement discussions. Discovery is now open and set to close on June 30, 2025. A status conference is set down for July 8, 2025 at 9:00am by Zoom to discuss next steps. (Foster, J.)
  26. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kymberly K Ashley, Esq. [email protected] Defendant: Edward C Cooley, Esq. [email protected] Defendant: Abigail C Leighton, Esq. [email protected] Plaintiff: Michele Ozioli [email protected] Sent On: 01/08/2025 08:32:11
  27. Alternative Dispute Resolution: Early Intervention Event held. Judge: Foster, Hon. Robert B.
  28. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/24/2025 Time: 02:00 PM
  29. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/08/2025 Time: 09:00 AM
  30. Event Resulted: Status Conference scheduled on: 02/24/2025 02:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding February 24, 2025. Status Conference held via Zoom. Attorneys Edward C. Cooley, Kymberly K. Ashley and Maura Elaine O'Keefe appeared. Arguments heard in related 24 MISC 000546 and pending ruling in that case, the court will determine next steps in this case. (Foster, J.)
  31. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kymberly K Ashley, Esq. [email protected] Defendant: Edward C Cooley, Esq. [email protected] Defendant: Abigail C Leighton, Esq. [email protected] Plaintiff: Michele Ozioli [email protected] Sent On: 02/25/2025 09:42:45
  32. LAR Withdrawal of Appearance of Kymberly K Ashley, Esq. for Plaintiff(s) Michele Ozioli filed.
  33. LAR Appearance filed by Kymberly K Ashley, Esq. to provide limited representation to Plaintiff(s) Michele Ozioli for Status Conference set down for July 8, 2025.
  34. Event Resulted: Status Conference scheduled on: 07/08/2025 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 8, 2025. Status Conference held via Zoom. Attorneys Edward C. Cooley, Kymberly K. Ashley and Maura Elaine O'Keefe appeared. The parties are in receipt of the Memorandum and Order Denying Defendant's Motion to Dismiss issued in 24 MISC 000546, Ozioli v. Town of Falmouth Zoning Board of Appeals. After discussion and agreement of the parties, the court deems 24 MISC 000504 and 24 MISC 000546 as companion cases with concurrent discovery tracks. All discovery including expert disclosures is open and set to close on November 10, 2025. A status conference is set down for November 13, 2025 at 9:30am by Zoom to discuss how to proceed in these matters. (Foster, J.)
  35. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kymberly K Ashley, Esq. [email protected] Defendant: Edward C Cooley, Esq. [email protected] Defendant: Abigail C Leighton, Esq. [email protected] Plaintiff: Michele Ozioli [email protected] Sent On: 07/08/2025 15:52:56
  36. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 11/13/2025 Time: 09:30 AM
  37. LAR Withdrawal of Appearance of Kymberly K Ashley, Esq. for Plaintiff(s) Michele Ozioli filed.
  38. Plaintiff's Motion for Endorsement Lis Pendens and Support Memorandum, filed.
  39. Proposed Order on Plaintiff's Motion for Approval of Lis Pendens, filed.
  40. Certificate of Service, filed.
  41. September 17, 2025. Opposition to the Plaintiff's Motion for Endorsement of Lis Pendens is due on October 1, 2025. Hearing on the Plaintiff's Motion is set down for October 8, 2025 at 11:30am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Edward C Cooley, Esq. [email protected] Defendant: Abigail C Leighton, Esq. [email protected] Plaintiff: Michele Ozioli [email protected] Sent On: 09/17/2025 16:06:17
  42. Hearing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 10/08/2025 Time: 11:30 AM
  43. Event Resulted: Status Conference scheduled on: 11/13/2025 09:30 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  44. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 11/10/2025 Time: 09:30 AM
  45. Opposition of Falmouth Seacoast LLC to Plaintiff's Motion for Lis Pendens, filed.
  46. LAR Appearance filed by Travis C Jackson, Esq. to provide limited representation to Plaintiff(s) Michele Ozioli for Hearing on Motion for Lis Pendens set down for October 8, 2025..
  47. Event Resulted: Hearing on Lis Pendens scheduled on: 10/08/2025 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 8, 2025. Hearing on Plaintiff's Motion for Approval of Lis Pendens held via Zoom. Attorneys Edward C. Cooley appeared. Attorney Travis C. Jackson appeared on a Limited Assistant Representation (LAR) basis for plaintiff Michele Ozioli. Michele Ozioli sworn. Upon review of the motion, as the complaint is not verified pursuant to G.L. c. 184, 15(b), the motion cannot be allowed. The parties agree to maintain the status quo during the duration of this case. Falmouth Seacoast LLC reports they are no longer pursuing the special permit that is the subject of the related appeal under G.L. c. 40A, 17, case no. 24 MISC 000546, Ozioli v. Falmouth ZBA (the zoning case). Thus, the zoning case appears moot. Falmouth Seacoast LLC further reports that it is prepared to concede adverse possession to the plaintiff, but alleges that the plaintiff has moved a fence between the two parties' respective properties, thereby increasing the claimed adverse possession area. Ms. Ozioli denies moving the fence. Falmouth SeaCoast is instructed to provide to Attorney Jackson photographic evidence regarding this claim. The parties are to confer and try to reach settlement in this and the related zoning case. The status conference set down for November 10, 2025, at 9:30am will remain. (Foster, J.)
  48. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Travis C Jackson, Esq. [email protected] Defendant: Edward C Cooley, Esq. [email protected] Defendant: Abigail C Leighton, Esq. [email protected] Plaintiff: Michele Ozioli [email protected] Sent On: 10/10/2025 10:59:15
  49. LAR Withdrawal of Appearance of Travis C Jackson, Esq. for Plaintiff(s) Michele Ozioli filed.
  50. Appearance of Travis C Jackson, Esq. for Michele Ozioli, filed
  51. Event Resulted: Status Conference scheduled on: 11/10/2025 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding November 10, 2025. Status Conference held via Zoom. Attorneys Edward C. Cooley and Maura Elaine O'Keefe appeared. Attorney Travis Jackson appeared in 24 MISC 000504, Ozioli v. Falmouth Seacoast LLC. Attorney Jackson's appeared on behalf of Michele Ozioli in 24 MISC 000546 is hereby entered. The parties report they are engaging in meaningful settlement discussion and are hopeful for resolution in both pending matters. A status report in the event these two cases have not been dismissed is due on December 10, 2025. (Foster, J.)

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