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Massachusetts

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Case Information

Filed 2023-05-11
Status Open
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 84 entries

Parties

Plaintiff Cruise, Kelly A.|Sandpiper Shore Residents|Sandra Cruise, In Her Capacity As
Defendant Pasciuto, Richard|Pasciuto, Theresa|Thomas, Noretta Andreasian

Lawyers

Docket Entries

  1. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 04/15/2026 Time: 11:00 AM
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 440898 Date: 05/11/2023
  4. Land Court surcharge Receipt: 440898 Date: 05/11/2023
  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: Kelly A. Cruise 28 Oak Bluff Circle, Plymouth, MA 02360 Sent On: 05/16/2023 13:57:12
  7. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 06/29/2023 Time: 10:30 AM Notice mailed to Plaintiff via first class mail.
  8. Plaintiff's Joint Statement, filed. *(There was a binder that was filed with the Joint Statement but unable to docket)
  9. Appearance of Timothy E Angley, Esq. for Richard Pasciuto, filed
  10. Event Resulted: Case Management Conference scheduled on: 06/29/2023 10:30 AM Has been: Case management conference held via videoconference. Plaintiff Kelly Cruise appeared pro se, along with other interested property owners. Attorney Timothy Angley appeared on behalf of defendant Richard Pasciuto, who was present along with Theresa Pasciuto, and defendant Noretta Thomas appeared pro se. Court first explained to all parties what being a pro se party entails, including that the same rules of evidence and procedure apply to both represented and pro se litigants, and that the court cannot provide any legal assistance or advice. Court further encouraged parties to retain counsel, even if only on a limited basis, and advised them of the limited assistance representation ("LAR") program. By way of background, Plaintiff then explained there is an easement across defendants' properties at 41 and 42 Oak Bluff Circle, Plymouth, leading to an ocean bluff, and the parties dispute the scope and use of such easement, with Attorney Angley advising that in his perspective, the purpose of the easement has been frustrated and the easement should be extinguished because the eroding shoreline has made access to the beach infeasible. Following colloquy and at the request of the court in order to cure defects in the original complaint, Plaintiff to file by August 31, 2023, an Amended Complaint in accordance with Mass. R. Civ. P. Rule 8 to ensure that the court and the defendants have adequate notice of the claims. Court noted that Amended Complaint to include a case caption as well as the names of the parties and their addresses, a plain statement of facts including any relevant deed or plan references and the basis for the easement rights, and the relief sought, all in numbered paragraphs, and to be served on defendants. Court further noted that as currently plead, Kelly Cruise is the sole plaintiff, and that each landowner intended to be a plaintiff must be individually named and must sign the complaint. Additionally, if any of those land owners are entities (such as a trust or llc) they must be represented by counsel and may not be self represented. See Dickey v. Inspectional Servs. Dep't, 482 Mass. 1003, 1004 (2019); Varney Enters. Inc. v. WMF Inc., 402 Mass. 79, 81- 82 (1988). As such, Kelly Cruise herself cannot continue as a plaintiff since title to the property she is concerned about is in the name of the Cruise Family Trust and only the trustee can bring suit and must be represented by counsel. Status conference scheduled for September 7, 2023, at 2:00 P.M. Hon. Diane R. Rubin, Presiding Pro Se Plaintiff and counsel notified via email.
  11. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/07/2023 Time: 02:00 PM
  12. (Assented-to) Plaintiff's Motion to Amend Complaint, filed.
  13. (Assented-to) Plaintiff's Motion to Amend Complaint ALLOWED. Counsel will file the Amended Complaint to be docketed. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  14. Plaintiff's Amended Complaint for Declaratory Judgment, filed.
  15. Event Resulted: Status Conference scheduled on: 09/07/2023 02:00 PM Has been: Status conference and early intervention event held via videoconference. Attorney Gregory Sullivan appeared on behalf of plaintiff Sandra Cruise, in her capacity as Trustee of the Sandra C. Cruise Revocable Family Trust of 2017 and the Kenneth A. Cruise Family Trust of 2017, who was present with her daughter Kelly Cruise, and Attorney Timothy Angley appeared on behalf of defendants Richard and Theresa Pasciuto, who were present. Also present was Noretta Thomas, who abuts the 6-foot-wide pedestrian easement at issue to the north. Before the court was Plaintff's Amended Complaint for Declaratory Judgment. Attorney Sullivan stated that the defendants believe that Ms. Thomas should be added as a defendant to the case, as to which the court concurred. Further, Attorney Angley then advised that it may be necessary or prudent to join to this action several of the neighbors who are parties to an express easement agreement, though the court noted that this easement agreement to date has not been included in any of the filings before the court. Using the screenshare function of Zoom, the court and those is attendance then examined the "Sandpiper Shores" subdivision plan dated December 20, 1985, prepared by the Associated Engineers of Plymouth, Inc., which plan depicts the pedestrian easement at issue. The pedestrian easement extends from the cul-de-sac at the end of Oak Bluff Circle to Cape Cod Bay, with Ms. Thomas' property located to the north and the Pasciutos' property located to the south of the easement. Mr. Pasciuto reported that access to the shore, as depicted in the plan, was no longer readily available due to erosion wearing the eastern part of his and Ms. Thomas' properties into a steep grade to the ocean. The court encouraged the parties to consider mediation of this matter to avoid the time, expense, and risk of litigation, to be discussed further once all the proper parties have been joined to this case. In addition, court encouraged all those present to consider a negotiated agreement to govern the use of the pedestrian easement during the pendency of this case, so as to avoid conflict in the neighborhood. Following colloquy, by September 15, 2023, Attorney Sullivan to file a second amended complaint including Ms. Thomas as a defendant. By October 16, 2023, Attorney Angley to file cross-claims against all other owners who are signatory to the express easement (or whose predecessors in title signed that easement agreement). Status conference scheduled for December 13, 2023, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  16. Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
  17. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 12/13/2023 Time: 10:30 AM
  18. Second Amended Complaint, filed.
  19. Defendants Motion to Extend Time to File Answer and Cross Motion, filed and ALLOWED. The time to file is Extended to October 23, 2023. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  20. Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties, filed.
  21. Event Resulted: Status Conference scheduled on: 12/13/2023 10:30 AM Has been: Rescheduled to February 6, 2024 at 11:00 am by the agreement of the counsel and the court. Hon. Diane R. Rubin, Presiding
  22. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 02/06/2024 Time: 11:00 AM Counsel notified via email.
  23. Event Resulted: Status Conference scheduled on: 02/06/2024 11:00 AM Has been: Rescheduled to March 1, 2024 at 10:00 am. Counsel will be filing a Joint Status Report by February 23, 2024. Hon. Diane R. Rubin, Presiding
  24. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 03/01/2024 Time: 10:00 AM Counsel notified via email.
  25. Case Management Conference Joint Statement, filed.
  26. Event Resulted: Status Conference scheduled on: 03/01/2024 10:00 AM Has been: Status conference held via videoconference. Attorney Gregory Sullivan appeared on behalf of plaintiff Sandra Cruise, who was present along with her daughter Kelly Cruise, and Attorney Timothy Angley appeared on behalf of defendants Richard Pasciuto, Theresa Pascuito, and Noretta Thomas. Court is in receipt of the Second Amended Complaint, Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties, and the Case Management Conference Joint Statement. Also present were various neighbors many of whom were named as crossclaim defendants including Attorney Patrick Heffernan for Angela & Robert Landerholm, who were present; Joseph Fan; Keith Cullinan (with Attorney Kathleen Muncy observing as possible future counsel); Steve Tomasini (husband of Elizabeth Diaz); and Robert Edwards. Court first welcomed the new attendees and advised the pro se individuals that they were welcome to represent themselves but encouraged them to retain counsel as the same rules of evidence and civil procedure apply to pro se parties. Further, the court advised of the Limited Assistance Representation ("LAR") program and that it would provide additional information. Court further advised that all defendants needed to file a notice of appearance and an answer, or else they would be defaulted. As to the Pascuito's answer and crossclaim, court questioned whether a counterclaim had been pled to extinguish any easements as discussed during the status conference, and provided the defendants with an opportunity to amend their pleading to clarify the remedy requested and against whom. Attorney Angley advised that the counterclaim and crossclaim was aimed to extinguish the beach access easement of record as having its purpose frustrated due to the alleged difficulty to safely access the beach over the easement, which he described as a cliff, the shore having been eroded over the years. In addition, court encouraged parties to begin discussions with one another and negotiate a settlement and/or a stand-still agreement for the summer season in the interest of maintaining neighborhood civility and avoiding the time, expense, and risk of lengthy litigation. By April 5, 2024, Attorney Angley to file an amended counterclaim and crossclaim, with answers to be filed by May 6, 2024. Additionally, counsel to confer on a stand-still agreement, if necessary. Further case management conference scheduled for May 31, at 10:00 A.M., at which time court to discuss an opportunity for mediation and/or set a discovery schedule. Hon. Diane R. Rubin, Presiding Counsel and Litigants notified via email.
  27. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/31/2024 Time: 10:00 AM
  28. Summons returned to Court with service on Joanne Culligan filed. Served at the last and usual place of abode any by mailing first class mail on February 12, 2024.
  29. Summons returned to Court with service on Elizabeth Diaz filed. Served at the last and usual place of abode any by mailing first class mail on February 12, 2024.
  30. Summons returned to Court with service on Joseph Fan filed. Served at the last and usual place of abode any by mailing first class mail on February 12, 2024.
  31. Summons returned to Court with service on Robert Landerholm filed. Served at the last and usual place of abode any by mailing first class mail on February 12, 2024.
  32. Appearance of Pro Se for Keith Thomas Cullinan, filed
  33. Appearance of Pro Se for Elizabeth Diaz, filed
  34. Appearance of Herling D Romero Adrianza, Esq. for Elizabeth Diaz, filed
  35. Appearance of John Nathan Cole, Esq. for Elizabeth Diaz, filed
  36. Answer of Elizabeth Diaz to Defendant's Crossclaim to Join Necessary Parties, filed.
  37. Defendants Motion to Extend Time to File Amended Answer and Cross Motion, filed and ALLOWED. The time to file an amended answer and cross motion is extended to April 26, 2024. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  38. Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties for Declaratory Relief, filed.
  39. Event Resulted: Status Conference scheduled on: 05/31/2024 10:00 AM Has been: Status conference held via videoconference. Attorney Gregory Sullivan appeared on behalf of plaintiff Sandra Cruise, who was present along with her daughter Kelly Cruise; Attorney Timothy Angley appeared on behalf of defendants Richard Pasciuto, Theresa Pasciuto, and Noretta Thomas, who were present; Attorney Herling Romero appeared on behalf of interested party Elizabeth Diaz; Attorney Patrick Heffernan appeared on behalf of interested parties Angela and Robert Landerholm and Joanne and Keith Cullinan. Also present was Robert Edwards, a nearby homeowner who may wish to seek leave to intervene. Court inquired into whether Joseph Fan has actual notice of the claims asserted against him since he had not appeared and resolution of this case would address all parties with interest in the easement, including Mr. Fan. Court is in receipt of the Answer of Elizabeth Diaz to Defendant's Crossclaim to Join Necessary Parties and Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties for Declaratory Relief. Court noted that the claims before the court and parties were further clarified by the recent filings, however Defendants' Crossclaims would need to be revised, refiled, and served to identify the necessary parties as Party Defendants and in order to assert any counterclaims against the Plaintiff. Court discussed with counsel whether the beach would be accessible via the easement if a staircase was constructed, specifically the viability of a staircase in light of the continued erosion and apparent steep incline and whether Conservation Commission approval could be obtained under the current conditions since the prior approval had lapsed. Following colloquy, Attorney Angley to file a further amended answer, counterclaim, and crossclaim with case caption identifying all necessary parties with a deeded interest in the easement at issue. Further, court set the following discovery schedule: on December 31, 2024, discovery to close, to include all expert designations and disclosures. Prior to next status conference parties to investigate whether the construction of a staircase in the easement to the beach is feasible from engineering and permitting perspectives. Joint Status Report to be filed by August 6, 2024. Status conference scheduled for August 13, 2024, at 11:00 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  40. Appearance of Patrick Joseph Heffernan, Esq. for Keith Thomas Cullinan, Joanne Cullinan, filed
  41. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/13/2024 Time: 11:00 AM
  42. Notice of Docket Entry: Attorney Angley to file to file a further amended answer, counterclaim, and crossclaim with case caption identifying all necessary parties with a deeded interest in the easement at issue by the end of the day Friday, August 9, 2024. The court will be continuing the Status Conference until November 25, 2024 at 9:30 am, via zoom. Counsel will also file a Joint Status Report, including an engineering feasibility, by November 18, 2024. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  43. Event Resulted: Status Conference scheduled on: 08/13/2024 11:00 AM Has been: Continued to November 25, 2024 at 9:30 am, via zoom. Hon. Diane R. Rubin, Presiding
  44. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 11/25/2024 Time: 09:30 AM
  45. Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties and for Declaratory Relief, filed. (VIA EMAIL ONLY)
  46. Crossclaim Defendant's Answer to Defendant's Crossclaim to Join Additional Parties and for Declaratory Relief, filed.
  47. Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties and for Declaratory Relief, filed. (EFILED COPY)
  48. Joint Status Report, filed.
  49. Event Resulted: Status Conference scheduled on: 11/25/2024 09:30 AM Has been: Status Conference held via videoconference. Attorney Gregory Sullivan appeared on behalf of plaintiff; Attorney Timothy Angley appeared on behalf of defendants Richard Pasciuto, Theresa Pascuito, and Noretta Thomas, who were present; Attorney Herling Romero appeared on behalf of interested party Elizabeth Diaz; Attorney Patrick Heffernan appeared on behalf of interested parties Angela and Robert Landerholm and Joanne and Keith Cullinan, with Keith Cullinan present. Court is in receipt of Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties and for Declaratory Relief, Crossclaim Defendant's Answer to Defendant's Crossclaim to Join Additional Parties and for Declaratory Relief, Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties and for Declaratory Relief, and Joint Status Report. Plaintiff's counsel advised that his clients had conferred with an engineer who verbally stated that it may be physically feasible to build stairs extending from the easement down the steep incline to the beach below from an engineering perspective, but that permitting must still be investigated. Attorney Sullivan also reported his clients may be content with clambering down and up the steep incline without the expense of installing stairs. Court and counsel discussed who the permitting authorities might be and whether those authorities should be given notice of this case. Following colloquy, Attorney Angley, in coordination with all counsel, to draft an agreed upon notice of this case to be served on the Attorney General's Office (on behalf of the Department of Environmental Protection and the Office of Coastal Zone Management) and the Town of Plymouth, together with a copy of the Second Amended Complaint and Defendants Answer to Plaintiffs Second Amended Complaint and Defendants Crossclaim to Join Additional Parties and for Declaratory Relief. By December 31, 2024, notice to be given, with a copy filed with the court. Defendants to undertake additional due diligence regarding permitting feasibility. By February 3, 2025, parties to file a joint status report. Status conference scheduled for February 10, 2025, at 9:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  50. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/10/2025 Time: 09:30 AM
  51. Notice of Docket Entry: Counsel emailed the court a request to extend the time to file the letters that are going to the Mass AG and the Town of Plymouth. With no objections the court extended the date to January 21, 2025. The Status Conference will be continued to March 24, 2025 at 2:00 pm with a Joint Status Report due March 17, 2025. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  52. Event Resulted: Status Conference scheduled on: 02/10/2025 09:30 AM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  53. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/24/2025 Time: 02:00 PM VIA ZOOM. Counsel notified via email.
  54. Atty. Angley emailed the court copies of letters that were sent to the Town of Plymouth and to the Attorney General's Office.
  55. Atty. Angley emailed the court that he made service on the AG's office on January 27, 2025.
  56. Joint Status Report, filed.
  57. Appearance of Anthony B Fioravanti, Esq. for Elizabeth Diaz, filed
  58. Event Resulted: Status Conference scheduled on: 03/24/2025 02:00 PM Has been: Status conference held via videoconference. Attorney Gregory Sullivan appeared on behalf of plaintiff Sandra Cruise; Attorney Timothy Angley appeared on behalf of defendants Richard Pasciuto, Theresa Pascuito, and Noretta Thomas with Richard Pascuito present; Attorney Anthony Fioravanti appeared on behalf of interested party Elizabeth Diaz; Attorney Patrick Heffernan appeared on behalf of interested parties Angela and Robert Landerholm and Joanne and Keith Cullinan, with Angela and Robert Landerholm and Keith Cullinan present. Court is in receipt of notice of this action sent by defendants to the Town of Plymouth and to the Attorney General's Office and Joint Status Report. While some of the parties were interested in mediation, defendants were not interested. Accordingly, court set the following schedule: by August 29, 2025, discovery to be complete, to include any expert designations and disclosures. By September 5, 2025, parties to file a joint status report confirming discovery is complete and advising of any other matters necessitating the court's attention. Status conference scheduled for September 11, 2025, at 9:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  59. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/11/2025 Time: 09:30 AM
  60. Defendant's Motion for a Judicial Site View, filed.
  61. Joint Status Report, filed.
  62. Event Resulted: Status Conference scheduled on: 09/11/2025 09:30 AM Has been: Status conference held via videoconference. Attorney Gregory Sullivan appeared on behalf of plaintiff, Sandra Cruise; Attorney Timothy Angley appeared on behalf of defendants Richard Pasciuto, Theresa Pasciuto, and Noretta Thomas, all of whom were present. Attorney Romero appeared on behalf of interested party, Elizabeth Diaz; Attorney Patrick Heffernan appeared on behalf of interested parties Angela and Robert Landerholm and Joanna and Keith Cullinan, with Angela Landerholm present. Court is in receipt of Defendant's Motion for a Judicial Site View and Joint Status Report. Counsel confirmed that discovery is complete, with the exception of expert testimony. Court discussed with counsel whether expert testimony regarding the physical feasibility of beach access might assist the court as trier of fact in adjudication of this case. Court also discussed with counsel which party bears the burden of proof both as to the scope of existing easement and whether it has been extinguished. Following colloquy, court noted parties are interested in mediation in order to save the time, expense, and risk of trial. Accordingly, court to issue a Mediation Screening Order, with the following schedule: By October 17, 2025, parties to complete mediation screening; by October 24, 2025, parties to file a joint status report on status of mediation, whether a mediator has been selected, the date of mediation, and advising of any other matters necessitating the court's attention. Status conference scheduled for October 31, 2025, at 2:00P.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  63. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 10/31/2025 Time: 02:00 PM
  64. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Plaintiff: Gregory V Sullivan, Esq. [email protected] Interested Party: John Nathan Cole, Esq. [email protected] Interested Party: Anthony B Fioravanti, Esq. [email protected] Interested Party: Herling D Romero Adrianza, Esq. [email protected] Interested Party: Patrick Joseph Heffernan, Esq. [email protected] Sent On: 09/12/2025 12:00:39
  65. Order Referring Case to Mediation Screening Session, issued. (Copies emailed to Attorneys Timothy Angley, Gregory Sullivan, John Cole, Anthony Fioravanti, Herling Adrianza, and Patrick Heffernan) Judge: Rubin, Hon. Diane R.
  66. ADR referral to REBA/DR issued. Judge: Rubin, Hon. Diane R.
  67. Withdrawal of John Nathan Cole, Esq. for Elizabeth Diaz, filed
  68. Atty. Sullivan emailed the court an update: "In accordance with the Court's Order dated September 12, 2025, and issued on September 15, 2025, we are writing to notify the Court that the parties have scheduled a mediation screening with REBA Dispute Resolution on Wednesday, October 1, 2025, at 10:00 a.m. via zoom."
  69. ADR Report of REBA/DR: Parties will screen this case on Wednesday, October 1, 2025.
  70. Atty. Sullivan emailed the court an update: "I am writing to inform the Court that the parties in subject case participated in a mediation screening this morning. The parties have agreed to mediate the case with REBA and have picked the neutral, Justice Mel Greenberg, (Ret.). There will be a site visit on November 4, 2025, at 10:00 a.m. The mediation is scheduled to occur on November 10th at 10:00 a.m."
  71. ADR Report of REBA: Parties have a Mediation with Hon. Mel L. Greenberg (Ret.) on Monday, November 10, 2025.
  72. Notice of Docket Entry: Court to continue the Status Conference that is on for October 31, 2025 to November 20, 2025 at 11:00am work via zoom to postdate the Mediation. Counsel to file a Joint Status Report by November 14, 2025. Judge: Rubin, Hon. Diane R. Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Plaintiff: Gregory V Sullivan, Esq. [email protected] Interested Party: Anthony B Fioravanti, Esq. [email protected] Interested Party: Herling D Romero Adrianza, Esq. [email protected] Interested Party: Patrick Joseph Heffernan, Esq. [email protected] Sent On: 10/03/2025 11:52:27
  73. Event Resulted: Status Conference scheduled on: 10/31/2025 02:00 PM Has been: Continued Hon. Diane R. Rubin, Presiding
  74. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 11/20/2025 Time: 11:00 AM
  75. Atty. Sullivan emailed the court an update: "I am writing to inform the Court that the parties in subject case participated in a mediation session on Monday, November 10th with the Honorable Mel. Greenberg and are continuing to have settlement discussions. The Parties need more time to work through the details of a final settlement agreement. Kindly let us know if the Court still requires a filing tomorrow and a Status Conference on Thursday, November 20th."
  76. ADR Report of REBA: Parties had a Mediation with Hon. Mel L. Greenberg (ret.) on Monday, November 10, 2025 and the case settled.
  77. Event Resulted: Status Conference scheduled on: 11/20/2025 11:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  78. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 01/22/2026 Time: 11:30 AM Counsel notified via email.
  79. Joint Status Report, filed.
  80. Event Resulted: Status Conference scheduled on: 01/22/2026 11:30 AM Has been: Status conference held via videoconference. Attorney Gregory Sullivan appeared on behalf of the Plaintiff, Sandra Cruise, who was present. Attorney Timothy Angley appeared on behalf of Defendants Richard Pasciuto, Theresa Pasciuto, and Noretta Thomas, who were present. Attorney Patrick Heffernan appeared on behalf of interest parties Angela and Robert Landerholm and Joanna and Keith Cullinan. Court is in receipt of Withdrawal of John Nathan Cole, Esq. for Elizabeth Diaz, ADR Reports of REBA dated September 23, 2025, October 2, 2025, and November 14, 2025, and Joint Status Report dated January 14, 2026. Counsel reported that the parties had reached an agreement as to material terms in their November REBA mediation session, but had not yet finalized a written agreement. Following colloquy, by January 30, 2026 Attorney Angley to circulate a draft agreement. Further status conference scheduled for March 3, 2026 at 3:00P.M. Hon. Diane R. Rubin, Presiding
  81. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/03/2026 Time: 03:00 PM
  82. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Plaintiff: Gregory V Sullivan, Esq. [email protected] Interested Party: Herling D Romero Adrianza, Esq. [email protected] Interested Party: Patrick Joseph Heffernan, Esq. [email protected] Interested Party: Elizabeth Diaz [email protected] Sent On: 01/28/2026 12:13:53
  83. Event Resulted: Status Conference scheduled on: 03/03/2026 03:00 PM Has been: . Status conference held via videoconference. Attorney Gregory Sullivan appeared on behalf of the Plaintiff, Sandra Cruise, who was present. Attorney Timothy Angley appeared on behalf of Defendants Richard Pasciuto, Theresa Pasciuto, and Noretta Thomas. Attorney Patrick Heffernan appeared on behalf of interest parties Angela and Robert Landerholm and Joanna and Keith Cullinan. Attorney Herling Romero appeared on behalf of Elizabeth Diaz. Court inquired as to the status of documenting the parties' settlement agreement. Attorney Angley reported he has drafted and circulated a proposed agreement. Attorneys Sullivan, Heffernan and Romero to review and counter, if necessary. Following colloquy, further status conference scheduled for April 15, 2026 at 11:00A.M. Hon. Diane R. Rubin, Presiding
  84. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Plaintiff: Gregory V Sullivan, Esq. [email protected] Interested Party: Herling D Romero Adrianza, Esq. [email protected] Interested Party: Patrick Joseph Heffernan, Esq. [email protected] Sent On: 03/05/2026 14:31:43

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