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Case Information
Filed
2024-05-09
Status
Closed
Type
E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket
23 entries
Parties
Plaintiff
Covino, Louis
Defendant
Braz, Nemesio D|Braz, Rachel E.
Lawyers
Docket Entries
- Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
- Land Court surcharge Receipt: 450336 Date: 05/10/2024
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Verified Complaint eFiled.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Appearance of for Louis Covino, filed
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Samuel F Matson, Esq. [email protected] Sent On: 05/17/2024 10:57:19
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 06/26/2024 Time: 11:30 AM Counsel notified via email.
- Summons returned to Court with service on Nemesio D Braz, Rachel E. Braz filed.
- Plaintiff's Case Management Conference Statement, filed.
- Appearance of Joseph Michael Fahey, Esq. for Nemesio D Braz, Rachel E. Braz, filed
- Amended Joint Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 06/26/2024 11:30 AM Has been: Case management conference and early intervention event held via videoconference. Attorney Samuel Matson appeared on behalf of the plaintiff, and Attorney Joseph Fahey appeared on behalf of the defendants. Court is in receipt of the Verified Complaint, Plaintiff's Case Management Conference Statement, and the Amended Joint Statement. By way of background, Attorney Matson explained that Plaintiff's Complaint includes a claim for trespass over his property at 22 Hiawatha Road, Woburn, based on an alleged encroachment by defendants from the adjacent property at 20 Hiawatha Road. The alleged trespass includes a shed, retaining walls, and a portion of a driveway, among others. Attorney Fahey reported that defendants intended to file an answer and also a counterclaim for adverse possession regarding this disputed area. Court and counsel viewed, using Zoom's screenshare function, Plaintiff's "Plot Plan 22 Hiawatha Road, Woburn, Mass." prepared by Edward J. Farrell on November 17, 2023, which depicted the shed in the disputed area but not the other alleged encroachments (Exhibit G to the Complaint). Following colloquy and by August 30, 2024, Defendants to conduct a survey of the parties' properties and disputed area, depicting boundaries, areas as to which adverse possession is asserted, structures, paving, fencing, notable vegetation, or other monuments. Further, Attorney Fahey to provide to Attorney Matson affidavits in support of Defendants' claims of adverse possession. Additionally, Court inquired whether parties would consider mediation to avoid the time, expense, and risk of litigation, with counsel noted that they would appreciate the opportunity to mediate with Land Court Mediator Attorney Barbara Macy. A referral to Attorney Macy to issue. Status conference scheduled for September 20, 2024, at 9:30 A.M., with parties to file a joint status report as to their progress on mediation, conducting the survey, and any other matters requiring the courts attention. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
- Answer and Counterclaim filed by Nemesio D. and Rachel E. Braz.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 09/20/2024 Time: 09:30 AM
- Mediation referral to Attorney Barbara J. Macy, Land Court Mediator, issued. Referred to Screening. Instructions to Mediator: N/A. Report back to Court on or before September 13, 2024. Judge: Rubin, Hon. Diane R.
- Mediation report from Land Court mediation attorney, filed.
- Defendants' Statement of Case Status, filed.
- Event Resulted: Status Conference scheduled on: 09/20/2024 09:30 AM Has been: Status conference held via videoconference. Attorney Samuel Matson appeared on behalf of the plaintiff. Attorney Joseph Fahey appeared on behalf of the defendant. Land Court Mediator Attorney Barbara Macy also attended. Court is in receipt of defendant's Answer and Counterclaim, Mediation report from Land Court mediation attorney, and Defendants' Statement of Case Status. Following colloquy, Court confirmed with parties that neither had yet commissioned a complete survey of the parties' properties and the disputed area, which will be necessary either to proceed with mediation or with litigation. Therefore, by November 20, 2024, plaintiff to engage a surveyor to prepare and file a survey of the parties' properties, documenting the disputed area(s), property boundaries, structures, paving, shed, landscape elements, fencing, and other monuments. By December 20, 2024, defendant to provide written notice to the court as to whether they agree with the accuracy of the plaintiffs' survey or will commission their own. If defendants disagree with plaintiff's survey, by February 20, 2025, defendants to file their own survey delineating the above elements and the disputed area. Lastly, court encouraged parties to engage in mediation to save the time, expense, and risk of litigation. Status conference scheduled for January 16, 2025, at 9:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 01/16/2025 Time: 09:30 AM
- Stipulation of Dismissal, filed.
- Event Resulted: Status Conference scheduled on: 01/16/2025 09:30 AM Has been: Canceled For the following reason: Case Closed Hon. Diane R. Rubin, Presiding
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