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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-12
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 39 entries

Parties

Plaintiff Buckley, Patricia
Defendant Duhamel, David S.|Duhamel, Tara S.|Rockland Federal Credit Union

Lawyers

Docket Entries

  1. Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 05/24/2023 Time: 11:00 AM
  3. Case assigned to the Average Track per Land Court Standing Order 1:04.
  4. Land Court miscellaneous filing fee Receipt: 440934 Date: 05/12/2023
  5. Land Court surcharge Receipt: 440934 Date: 05/12/2023
  6. Land Court summons Receipt: 440934 Date: 05/12/2023
  7. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  8. Plaintiff's Motion for Short Order of Notice, filed.
  9. Plaintiff's Motion for a Preliminary Injunction, filed.
  10. Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction, filed.
  11. Proposed Preliminary Injunction filed.
  12. Plaintiff Patricia Buckley Personal Representative of the Estate of Olga Jane Rogowski Motion for Appointment of a Special Process Server filed.
  13. The Court has reviewed, and GRANTS, PR Buckley's motion for appointment of a special process server. The Court DENIES her motion for a short order of notice on her request for a preliminary injunction. Her verified complaint states that the Duhamels' allegedly impermissible parking has been happening since September 2022. The verified complaint fails to describe any facts that show why Buckley's motion for a preliminary injunction can't be heard without giving the usual notice. (The motion briefly refers to an agreement to sell the property, as well as a special permit, but those allegations aren't found in the verified complaint or any supporting affidavit.) The Court nevertheless ORDERS the parties to appear on May 24, 2023, at 11:00 AM for a hearing on PR Buckley's motion for a preliminary injunction. The Court ORDERS Buckley to serve the Duhamels promptly with process, a copy of Buckley's complaint, her motion for preliminary injunction (and all supporting materials), and a copy of this order. The Court ORDERS Buckley to file returns of service showing compliance with this order by no later than noon, May 23, 2023. Until further notice from the Court, the parties are ORDERED to make all filings in this case through PDFs sent by e-mail to the Sessions Clerk, and contemporaneously served on the parties by e-mail. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Sent On: 05/12/2023 12:35:18
  14. Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 05/24/2023 Time: 11:00 AM Notice sent to counsel of record by email.
  15. Summons returned to Court with service on Tara S. Duhamel, David S. Duhamel filed.
  16. Appearance of Robert Edmund Burr, Jr., Esq. for David S. Duhamel, Tara S. Duhamel, filed
  17. Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, filed.
  18. Defendants' Motion to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(6), filed.
  19. Event Resulted: Hearing on Preliminary Injunction scheduled on: 05/24/2023 11:00 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  20. Hearing held on plaintiff Patricia Buckley's motion for Preliminary Injunction. All parties appeared through counsel. After hearing arguments from the parties, the Court DENIES the motion, as PR Buckley has failed to show irreparable harm meriting preliminary injunctive relief. The Court DENIES the Duhamels' motion to dismiss pursuant to Mass. R. Civ. P. 12(b)(6), as all counts of the Verified Complaint state claims for which this Court may grant relief. The Court ORDERS PR Buckley to amend her complaint by June 2, 2023 to (a) include her contention that, if the Duhamels'' easement has not been abandoned or terminated, they have exceeded the legal scope of their easement, and (b) join the Duhamels' mortgagee as a party. The Court ORDERS PR Buckley to submit to the Court by July 7, 2023, a return of service on the Defendants' mortgagee or a status report on her efforts to obtain such service. The Court ORDERS the Duhamels to (a) inform their mortgagee by June 2, 2023, of the PR Buckley's claims in this case, (b) investigate promptly whether they have title insurance (and if so, notify their carrier promptl of Buckley's claims), and (c) file a certificate with the Court by June 9, 2023 stating that they have complied with this order, and stating whether they have title insurance. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Robert Edmund Burr, Jr., Esq. [email protected] Sent On: 05/24/2023 15:45:14
  21. Amended Verified Complaint, filed.
  22. Certificate of Service, filed.
  23. Summons returned to Court with service on Rockland Federal Credit Union filed.
  24. Defendants' Certification of Compliance, filed.
  25. Defendants' Answer to Plaintiff's Amended Verified Complaint, filed.
  26. The Court DIRECTS the Recorder to enter the default of defendant Rockland Federal Credit Union in this matter. The Court ORDERS the parties to appear by telephone for a case-management conference on July 14, 2023, at 9:30 AM. A separate case-management conference notice will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Robert Edmund Burr, Jr., Esq. [email protected] Sent On: 06/30/2023 10:20:57
  27. Defendant Rockland Federal Credit Union defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  28. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/14/2023 Time: 09:00 AM
  29. Appearance of Frederick E Connelly, Jr., Esq. for Rockland Federal Credit Union, filed
  30. Answer of Rockland Federal Credit Union to Amended Complaint, filed.
  31. Defendant Rockland Federal Credit Union's Motion to Remove Default, filed.
  32. Without opposition, the Court REMOVES the default of defendant Rockland Federal Credit Union. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Robert Edmund Burr, Jr., Esq. [email protected] Defendant: Frederick E Connelly, Jr., Esq. [email protected] Sent On: 07/07/2023 14:58:20
  33. Case Management Conference Joint Statement, filed.
  34. Telephonic case management conference held. All parties appeared through counsel. Ms. Buckley claims that she has acquired part of a disputed area through adverse possession or prescriptive easement and that the Duhamels have abandoned a deeded right of way over the remaining portion of the disputed area. The Duhamels argue that Ms. Buckley's use of the disputed area has not been exclusive or adverse, and that they have not abandoned their easement. Defendant Rockland Federal Credit Union claims Ms. Buckley's claims don't affect RFCU's mortgage on the Duhamel property. The parties report settlement progress, and jointly requested a stay on proceedings. The Court GRANTS that request, and ORDERS the parties to appear by telephone on August 11, 2023 at 11:30 AM for a continued case management conference. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Robert Edmund Burr, Jr., Esq. [email protected] Defendant: Frederick E Connelly, Jr., Esq. [email protected] Sent On: 07/14/2023 10:15:20
  35. Event Resulted: Case Management Conference scheduled on: 07/14/2023 09:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  36. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 08/11/2023 Time: 11:30 AM
  37. Event Resulted: Case Management Conference scheduled on: 08/11/2023 11:30 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Michael D. Vhay, Presiding
  38. 30 Day Nisi Order issued. Returnable 09/11/2023.
  39. Stipulation of Dismissal with Prejudice, filed.

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