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- Complaint filed.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 443077 Date: 08/08/2023
- Land Court surcharge Receipt: 443077 Date: 08/08/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent.
- The Court has reviewed Mr. Nicoloro's complaint for partition. The Court ORDERS the parties to appear for a telephonic case-management conference on September 12, 2023, at 9:30 AM. A separate notice of case-management conference will issue. The Court ORDERS Mr. Nicoloro to serve defendants promptly with a copy of this order and the conference notice. The Court ORDERS the parties to include in their joint conference memorandum a discussion of (a) whether there are any mortgages on the parties' Cambridge properties (and if so, which of the parties makes payments on those mortgages, whether the other parties agree to have those payment arrangements continue while this case is pending, and whether the mortgages are in good standing); (b) whether the properties are insured (and if so, which of the parties makes the premium payments, whether the other parties agree to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (c) whether anyone is paying the properties' real-estate taxes, whether those taxes are paid to date, and whether the other parties agree to have any existing payment arrangements continue while this case is pending: (d) whether any of the properties' owners live at any of the properties; and (e) whether the properties have any third-party tenants (and if so, which of the parties collects rents, which of the parties pays the expenses of any tenancies, and whether the other parties agree to have those arrangements continue while this case is pending). The Court further ORDERS Mr. Nicoloro to file with the Sessions Clerk, by September 1, 2023, (a) an as-recorded copy of the notice described in G.L. c. 241, sec. 7; and (b) a certificate of compliance with the fourth sentence of this order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Sent On: 08/15/2023 10:52:06
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 09/12/2023 Time: 09:30 AM
- Certificate of Compliance with Court Order Dated August 15, 2023, filed.
- Middlesex South Registry of Deeds - Book 81873, Page 200, filed.
- Case Management Conference Joint Statement, filed.
- Appearance of Anthony F Gargano, Esq. for Peter J Parise, Jr. Trustee of the Parise Warren Street Realty Trust, Dawn Greene also known as Dawn Parise, Trustee of Parise Warren Street Realty Trust, filed
- Event Resulted: Case Management Conference scheduled on: 09/12/2023 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
- Telephonic case management conference and initial intervention event held. Plaintiff Peter Nicoloro, defendant Peter J. Parise, Jr., and defendant Dawn Greene a.k.a. Dawn Parise, Trustees of Parise Warren Street Realty Trust, all appeared through counsel. Mr. Nicoloro and the Parise Trustees own under a common title three separate abutting parcels on which Mr. Parise currently resides. Mr. Nicoloro is seeking the fair market value for his percentage interest in the property. The parties agree on the percentage interests they hold. Mr. Nicoloro is not interested in buying out the Trustees' interests, but the Trustees are exploring purchasing Nicoloro's interests. The parties are working to obtain appraisals of the property. After hearing from the parties, the Court ORDERS them to submit a joint report every 30 days stating that the parties either: (1) need additional time to discuss settlement; or (2) are no longer discussing settlement. The Court ORDERS that the first report include the status of parties' efforts to retain an appraiser(s) and, if appraisers have been retained, include: (1) their name; and (2) when their appraisals are expected. The Court otherwise STAYS all proceedings in this matter. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 09/12/2023 14:26:42
- Joint Status Report by Email, filed.
- Summons returned to Court with service on Peter J Parise, Jr. Trustee of the Parise Warren Street Realty Trust filed.
- Email Joint Status Report, filed.
- Joint Report, filed.
- Joint Report, filed.
- Joint Report, filed.
- Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 03/15/2024 Time: 10:30 AM
- Event Resulted: Status Conference scheduled on: 03/15/2024 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- Telephonic status conference held. All parties appeared through counsel. The parties reported that they are continuing to make progress toward settlement. The Court ORDERS the parties, beginning April 16, 2024, and every 30 days thereafter, to file joint reports concerning (a) the status of the marketing of their jointly owned parcels and (b) their progress in resolving all other issues presented in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 03/15/2024 12:39:04
- Status Report, filed.
- Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 04/29/2024 Time: 12:30 PM
- Event Resulted: Status Conference scheduled on: 04/29/2024 12:30 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- Order to Show Cause, issued. (Copies emailed to Attorneys Anthony Gargano and Peter Winnett) Judge: Vhay, Hon. Michael D.
- Status Report, filed.
- The Court has received Mr. Nicoloro's report of the signing of a listing agreement. The Court ORDERS the parties to file a joint report by June 7, 2024, and every 30 days thereafter, on the status of their marketing efforts. The Court ORDERS the parties to file separately by June 7, 2024, lists supported by appropriate documentation of any expenses (other than attorney's fees) for which they seek reimbursement under c. 241. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 05/03/2024 07:54:01
- Response to Order to Show Cause, filed.
- Status Report, filed.
- On May 2, 2024, this Court ordered the parties to file by June 7, 2024, and every 30 days thereafter, a joint report on the status of their efforts to market their Cambridge parcels. The Court also ordered the parties to file by June 7, 2024, a list of any items (apart from attorneys fees) for which they're seeking reimbursement in this case. The parties didn't comply with the May 2, 2024, order, and none of them filed by June 7, 2024, any list of reimbursements. After the Sessions Clerk contacted the parties this morning about the late report, Plaintiff filed his own marketing-status report and included in it a list of reimbursements. The Court REJECTS the report, as it's not a joint report. The Court ORDERS the parties to file by June 19, 2024, a joint report on the status of their marketing efforts. The Court further ORDERS each party to file by June 19, 2024, separate statements explaining why that party failed to comply with the Court's May 2, 2024, order with respect to the filing of joint marketing reports. The Court further REJECTS Plaintiff's late-filed reimbursement list, without prejudice to his moving for leave to file the list late (and receiving either defendants' assent to the motion or showing good cause for not having filed the list by June 7, 2024). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 06/12/2024 10:50:16
- Joint Report, filed.
- Explanation of Failure to Comply, filed.
- Respondent's Late-Filed Reimbursement List (Assented to by Petitioner's Counsel), filed.
- Explanation Letter, filed.
- Expense List, filed.
- Without objection, the Court ACCEPTS (1) Respondents' Late-Filed Reimbursement List and (2) Petitioner's Expense List. The Court ORDERS the parties to complete by August 2, 2024, all discovery concerning their respective reimbursement claims. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 06/20/2024 10:09:39
- Joint Report, filed.
- The Court has received the parties' joint report. The Court ORDERS them to file by July 26, 2024, a further status report on their marketing efforts. The Court ADVISES the parties that their filings are public records; should they wish to provide confidential business information to the Court regarding their marketing efforts, they must file a satisfactory motion under Uniform Trial Court Rule VIII to impound the report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 07/05/2024 16:17:44
- Joint Report, filed.
- The Court has reviewed the parties' latest marketing-status report. The Court ORDERS the parties to file by August 23, 2024, and every 30 days thereafter until their properties are under agreement, supplemental marketing reports. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 07/30/2024 12:45:22
- Status Report, filed.
- The Court has received Plaintiff's status report. The Court ORDERS the parties to appear for a status conference by telephone on August 29, 2024, at 9:30 AM, at which time the Court will consider appointing a Commissioner to oversee the partition of the parties' properties. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 08/22/2024 11:23:23
- Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 08/29/2024 Time: 09:30 AM
- Respondent's Individual Status Report, filed.
- Event Resulted: Status Conference scheduled on: 08/29/2024 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- In accordance with SJC Rule 1:07, the following fee generating appointment was made: Robert H Greene, Esq. appointed as Partition Commissioner (Northern Counties) On 08/29/2024 by Hon. Michael D. Vhay
- Telephonic hearing on Mr. Nicoloro's motion for appointment of special master held. The parties appeared through counsel. After hearing argument, the Court will appoint by separate order in this case a partition commissioner. The parties reported they were on track to complete all reimbursement discovery by the existing deadline. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Sent On: 08/29/2024 11:18:23
- Interim Order Appointing Robert H. Greene, Esq., as Partition Commissioner, issued. (Copies emailed to Attorneys Peter Winnett, Anthony Gargano, and Robert Greene) Judge: Vhay, Hon. Michael D.
- Interim Order Appointing Robert H. Greene, Esq. as Partition Commissioner, filed.
- Commissioner's Written Estimate of Anticipated Time and Charges for Initial Interim Report, filed.
- Respondent's Addendum to their Previously Filed Reimbursement List Dated June 18, 2024, filed.
- The Court has received the Parise Trustees' "addendum" to their June 18, 2024, reimbursement list. The Court ORDERS Mr. Nicoloro to file by September 13, 2024, any objections to the late filing. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Commissioner: Robert H Greene, Esq. [email protected] Sent On: 09/06/2024 09:42:28
- Without objection, the Court GRANTS the Trustee's motion to supplement his list of allegedly reimbursable expenses. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Commissioner: Robert H Greene, Esq. [email protected] Sent On: 09/18/2024 10:19:57
- Initial Interim Report of Partition Commissioner (Upon Order Dated August 30, 2024), filed.
- The Court has received the Commissioner's first report. The Court ORDERS the parties to file by October 15, 2024, any comments upon, or responses to, the report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Commissioner: Robert H Greene, Esq. [email protected] Sent On: 10/02/2024 09:58:40
- Letter Requesting an Extension to file a Petitioner's response to the Commissioner's Interim report, filed.
- The Court GRANTS the parties leave to respond by October 23, 2024, to the Commissioner's report. The Court will readily grant additional extensions on account of any medical or other emergencies. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Peter R Winnett, Esq. [email protected] Defendant: Anthony F Gargano, Esq. [email protected] Commissioner: Robert H Greene, Esq. [email protected] Sent On: 10/09/2024 09:07:17
- Parties Letter to the Court Requesting an extension to response to the Commissioner's Report (to November 1, 2024), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
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