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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-15
Status Closed
Type Ota Other
Docket 62 entries
Disposition judgment

Parties

Plaintiff Da Silva, Melissa
Defendant Laterion, Ilmac

Lawyers

Docket Entries

  1. Agreement for Judgment approved by the Court.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 440993 Date: 05/15/2023
  4. Land Court surcharge Receipt: 440993 Date: 05/15/2023
  5. Land Court summons Receipt: 440993 Date: 05/15/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Notice of Appearance of Pro Se Plaintiff, Melissa E. Da Silva, filed.
  8. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Melissa Da Silva [email protected] Sent On: 05/24/2023 11:13:32
  9. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 06/27/2023 Time: 09:30 AM Pro So Plaintiff notified both via email and first class mail.
  10. Summons returned to Court with service on Ilmac Laterion filed. Served at the last and usual place of abode via constable on May 31, 2023
  11. Event Resulted: Case Management Conference scheduled on: 06/27/2023 09:30 AM Has been: Case management conference held via videoconference. Plaintiff appeared pro se and defendant did not appear, despite service at his last and usual address. Court first explained to Plaintiff 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 Plaintiff to retain counsel, even if only on a limited basis, and advised her of the limited assistance representation ("LAR") program, with the Sessions Clerk to provide her with LAR materials. By way of background, Plaintiff then explained there is a right of way leading to her property at 53 Coburn Street, Lynn, which is situated behind defendant's property at 55 Coburn Street, Lynn, and that defendant has been parking on such right of way and impeding her access. Following colloquy and at the request of the court, Plaintiff to file by July 27, 2023, an Amended Complaint in accordance with Mass. R. Civ. P. Rule 8 to ensure that the court and the defendant have adequate notice of the claims. Amended Complaint to include a case caption as well as the names of the parties and their addresses, any relevant deed references, the basis for the right of way, and the relief sought, all in numbered paragraphs, and to be served on defendant. Status conference scheduled for August 8, 2023, at 3:30 P.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  12. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/08/2023 Time: 03:30 PM
  13. Letter from Pro Se Plaintiff Melissa Da Silva that she has titled "Amended Complaint", filed.
  14. Court is in receipt of a one paragraph document filed by Plaintiff entitled Amended Complaint and rejects that filing for failure to satisfy the requirements of minimal pleading set forth in the court's docket entry dated June 27, 2023. To ensure that the court and the defendant have adequate notice of the Plaintiff's claims, by August 4, 2023, Plaintiff to file an Second Amended Complaint. The Second Amended Complaint shall include: (1) a case caption; (2) the names of the plaintiff and defendant(s) and their addresses; (3) deed references (book and page numbers for the deed(s) as recorded at the Registry of Deeds), for the properties at issue: (4) a statement of Plaintiff's basis for claiming a right of way; and (5) a statement of the relief sought, all in numbered paragraphs. Pro Se Plaintiff notified via email. Judge: Rubin, Hon. Diane R.
  15. Amended Complaint, filed.
  16. Appearance of David J L'Esperance, Esq. for Ilmac Laterion, filed
  17. Certificate of Service for Appearance of David J L'Esperance, Esq., filed.
  18. Event Resulted: Status Conference scheduled on: 08/08/2023 03:30 PM Has been: Status conference held via videoconference. Plaintiff appeared pro se and Attorney David L'Esperance appeared on behalf of the defendant, who was present. Court is in receipt of the Amended Complaint. Court inquired as to whether the parties would be open to mediation efforts with Land Court Mediator Attorney Barbara Macy in order to reach a mutually agreeable resolution and avoid the time, expense, and risk of litigation. Plaintiff and Attorney L'Esperance each advised that they are open to mediation. Following colloquy, status conference scheduled for August 15, 2023, at 11:00 A.M., with Land Court Mediator Attorney Barbara Macy to attend. Court then STAYED the case while mediation efforts are pending, and until further order of the court. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  19. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/15/2023 Time: 11:00 AM
  20. Event Resulted: Status Conference scheduled on: 08/15/2023 11:00 AM Has been: Rescheduled to August 30, 2023 at 3:30 pm, at the request of defendant's counsel and by agreement of the Pro Se Plaintiff and the court. Hon. Diane R. Rubin, Presiding
  21. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/30/2023 Time: 03:30 PM Counsel and Pro Se Plaintiff notified via email.
  22. Event Resulted: Status Conference scheduled on: 08/30/2023 03:30 PM Has been: Status conference held via videoconference. Plaintiff Melissa Da Silva appeared pro se, and Attorney David L'Esperance appeared on behalf of Defendant, Ilmac Laterion. Land Court Mediator Attorney Barbara Macy also attended. With both parties open to the possibility of mediation, Attorney Macy introduced the parties to the mediation process. The parties also provided background about the nature of their dispute. Ms. Da Silva explained her husband's inability to pass their vehicles past those of Mr. Laterion's tenants when they park to one side of 10 foot right of way providing access to Ms. Da Silva's property, which is located behind Mr. Laterion's property. Ms. Da Silva also stated that the neighbor adjacent to the parties' properties had recently indicated an intent to move the fence closer to the parties' buildings that would further narrow the available area to pass along the right of way. Court encouraged the parties to obtain a survey and share the costs to help them clarify their rights in the right of way and the property boundary with the neighbor. Following colloquy, (1) Attorney L'Esperance to file all plans of record depicting the right of way; (2) the parties to participate in mediation with Attorney Macy; and (3) jointly engage a surveyor to prepare a survey depicting the parties' properties and the right of way, as well as structures, monuments, paved areas, fences, and landscaping. If available, that survey to be filed with the court prior to the next status conference. In addition, parties to cooperate to the extent possible and endeavor to agree upon a temporary solution to ensure that Ms. Da Silva and her husband have access their property until the resolution of this case, with Attorney Macy available to assist. Status conference scheduled for November 14, 2023 at 3:30 pm. Hon. Diane R. Rubin, Presiding Counsel and Pro Se Plaintiff notified via email.
  23. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 11/14/2023 Time: 03:30 PM
  24. Event Resulted: Status Conference scheduled on: 11/14/2023 03:30 PM Has been: Rescheduled to January 17, 2024 at 3:30 pm. Hon. Diane R. Rubin, Presiding
  25. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 01/17/2024 Time: 03:30 PM Pro Se Plaintiff and counsel notified via email.
  26. Event Resulted: Status Conference scheduled on: 01/17/2024 03:30 PM Has been: Rescheduled Hon. Diane R. Rubin, Presiding
  27. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 01/31/2024 Time: 03:30 PM Pro Se litigant and counsel notified via email.
  28. Event Resulted: Status Conference scheduled on: 01/31/2024 03:30 PM Has been: Status conference held via videoconference. Plaintiff Melissa Da Silva appeared pro se, and Attorney David L'Esperance appeared on behalf of Defendant. Land Court Mediator Attorney Barbara Macy also attended. Parties advised that they had been engaged in mediation with Attorney Macy, but were still working to complete a recordable joint survey and agree on how parties might share costs. Court and all in attendance viewed several recorded plans of the properties provided by Attorney L'Esperance using Zoom's screenshare function, with parties advising that the general terms of settlement were to move the right of way over defendant's property to the boundary line to better allow unimpeded access along that driveway to the plaintiffs' property at the rear. Court encouraged parties to make concessions as necessary to secure a survey plan depicting that agreed upon relocation of the driveway, so as to avoid the time, expense, and risk of litigation. Following colloquy, parties to contact Attorney Macy. Further, Attorney L'Esperance to investigate the possibility of reduced estimates to complete the survey and also to file all currently available plans with the court. Status Conference scheduled for February 29, 2024 at 3:30 pm. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigant notified via email.
  29. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 02/29/2024 Time: 03:30 PM
  30. Atty. L'Esperance emailed the court a status: "Ralph Reid, Surveyor, will look at the property Monday February 20, 2024. **Note that the current right of way is only nine (9) feet wide. I explained our agreement to move the right of way to the boundary line and go nine (9) feet off of that. He will also mark that line to Melissa's property line, and also mark the rear of my Client's property line---front of Melissa's property line. As soon as I get the estimate I'll circulate it."
  31. Event Resulted: Status Conference scheduled on: 02/29/2024 03:30 PM Has been: Rescheduled to March 21, 2024 at 3:30 pm via zoom. Hon. Diane R. Rubin, Presiding
  32. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 03/21/2024 Time: 03:30 PM Counsel notified via email.
  33. Event Resulted: Status Conference scheduled on: 03/21/2024 03:30 PM Has been: Status conference held via videoconference. Melissa De Silva appeared pro se. Also present was Land Court Mediator Attorney Barbara Macy. Neither defendant nor his counsel was present. Ms. De Silva advised that she had been unable to communicate with defendant or his counsel to advance a negotiated resolution. Accordingly, she advised that she would contact a surveyor to conduct a survey of the property without defendant's participation. Status conference scheduled for June 10, 2024, at 3:30 P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se Plaintiff notified via email.
  34. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/10/2024 Time: 03:30 PM
  35. Event Resulted: Status Conference scheduled on: 06/10/2024 03:30 PM Has been: Continued to July 15, 2024 at 3:30 pm via zoom. Plaintiff's Survey and any Defendant's survey to be filed by July 8, 2024. Hon. Diane R. Rubin, Presiding
  36. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 07/15/2024 Time: 03:30 PM Pro Se plaintiff and counsel notified via email.
  37. Plaintiff's Survey, filed.
  38. Event Resulted: Status Conference scheduled on: 07/15/2024 03:30 PM Has been: Status conference held via videoconference. Plaintiff Melissa Da Silva appeared pro se (along with her husband Kleber Alessandro), and Land Court Mediator Attorney Barbara Macy also attended. Attorney L'Esperance failed to appear for the second consecutive hearing. Court is in receipt of Plaintiff's Survey, showing the parties' agreed upon modified location of the easement to the Plaintiff's rear lot. Court viewed, using Zoom's screenshare function, Plaintiffs updated survey, being the "Boundary Survey Sketch 53 Coburn Street, Lynn, Mass. 01902" prepared by Otte & Dwyer, Inc. on June 21, 2024, and signed on June 24, 2024. Because Attorney L'Esperance failed to appear and confirm the parties' agreement to resolve this dispute, court to continue the hearing to July 17, 2024, at 3:30 P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se Plaintiff notified via email.
  39. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 07/17/2024 Time: 03:30 PM
  40. Event Resulted: Status Conference scheduled on: 07/17/2024 03:30 PM Has been: Continued status conference held via video conference. Plaintiff Melissa Da Silva appeared pro se (along with her husband Kleber Alessandro), Attorney David L'Esperance appeared on behalf of the defendant, and Land Court Mediator Attorney Barbara Macy also attended. Court confirmed that parties had agreed to relocate the easement in accordance with a plan filed by Plaintiff and prepared by Otte & Dwyer, with minor corrections to include revision dates. Parties agreed to execute a simple settlement agreement to that effect and file a motion to approve agreement for judgment pursuant to Land Court Rule 10. Following colloquy and as soon as practicable, parties to do the following: (1) Attorney L'esperance to speak with his client about reducing further friction between the parties, particularly with respect to the gate issue and recent calls to the police, with any suggestions about further work at the properties to be shared with Attorney Macy for further mediation. (2) Attorney Macy to confer with Ms. Dasilva with instructions for the surveyor, including adding the date of revisions to the plan and the need to reorient the surveyor's pins to the new easement location. Status conference scheduled for July 30, 2024, at 3:30 P.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  41. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 07/30/2024 Time: 03:30 PM
  42. Event Resulted: Status Conference scheduled on: 07/30/2024 03:30 PM Has been: Continued For the following reason: Request of Defendant(s) Hon. Diane R. Rubin, Presiding
  43. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/05/2024 Time: 03:30 PM
  44. Event Resulted: Status Conference scheduled on: 08/05/2024 03:30 PM Has been: Status conference held via videoconference. Plaintiff Melissa Da Silva appeared pro se. Attorney David L'Esperance appeared on behalf of defendant. Prior to the conference, an agreement to judgement had been drafted and was signed and filed by the plaintiff, but per Attorney L'Esperance, defendant had one more issue that needed to be addressed before signing. Attorney L'Esperance advised that the defendant is still unclear as to where he can park, so Attorney L'Esperance will meet with defendant on site tomorrow, August 6, 2024, to discuss and clarify. Following screenshare of the survey prepared by Otte and Dwyer dated July 30, 2024, and plaintiff's use of her IPhone camera to share images of the actual driveway area, it appeared parking for defendant's vehicle between his house and driveway may be possible if the curb and grassy area are removed. During his site visit tomorrow, Attorney L'Esperance reported that he would also deliver a check to plaintiff as agreed. Status conference scheduled for Tuesday, August 13, 2024 and 2:30 P.M. Hon. Diane R. Rubin, Presiding Pro Se litigant and counsel notified via email.
  45. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 08/13/2024 Time: 02:30 PM
  46. Event Resulted: Status Conference scheduled on: 08/13/2024 02:30 PM Has been: Status conference held via videoconference. Plaintiff Melissa Da Silva appeared pro se, and Attorney David L'Esperance appeared on behalf of defendant. Land Court Mediator Attorney Barbara Macy was also present. Attorney L'Esperance confirmed that he had dropped off the check to cover defendant's portion of the initial survey costs, and that defendant had agreed to remove a portion of curbing from the driveway to allow ample room for defendant to park outside of the right of way toward the front of his house. However, Attorney L'Esperance reported that the defendant would not sign the agreement for judgment adopting the revised easement area until the alleged trespass issues were resolved (at the rear boundary of defendant's property, where it abuts plaintiff's property). Court and counsel again viewed, using Zoom's screenshare function, the Otte and Dwyer plan dated July 30, 2024, to clarify the boundaries of the properties. Ms. Da Silva stated that she was willing to move the gate which is currently located along the shared boundary and provides access to her yard so there would be no need to enter onto the defendant's property. Following colloquy and by September 12, 2024, Ms. Da Silva to relocate the gate to her yard and defendant to remove the front portion of curbing in the driveway. Parties to then execute the agreement for judgment and make a motion for approval to the court. Status conference scheduled for September 20, 2024, at 3:00 P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigant notified via email.
  47. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/20/2024 Time: 03:00 PM
  48. Event Resulted: Status Conference scheduled on: 09/20/2024 03:00 PM Has been: Canceled. the parties will be filing a motion for agreement of judgment in accordance with Land Court Rule 10 and an accompanying agreement by October 18, 2024. Hon. Diane R. Rubin, Presiding
  49. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 12/17/2024 Time: 03:30 PM Counsel and pro se litigant notified via email.
  50. Event Resulted: Status Conference scheduled on: 12/17/2024 03:30 PM Has been: Status conference held via videoconference. Plaintiff Melissa Da Silva appeared pro se (along with her husband Kleber Alessandro), and Attorney David L'Esperance appeared on behalf of defendant. Land Court Mediator Attorney Barbara Macy was also present. Attorney L'Esperance reported that his client had agreed to sign the agreement for judgment, and he expected to receive it shortly. When he receives the Agreement for Judgment signed by Mr. Laterion and his wife, Attorney L'Esperance will: (1) arrange with plaintiff for her signature and then file the fully executed agreement with the court, copying Attorney Macy and plaintiff; OR (2) Plaintiff may file a separate copy and file her original signature with the court, copying Attorney Macy and defendant. Parties jointly orally move that the court approve the agreement for judgment upon filing. Status conference scheduled for January 9, 2025, at 3:30P.M.Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigant notified via email.
  51. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 01/09/2025 Time: 03:30 PM
  52. Event Resulted: Status Conference scheduled on: 01/09/2025 03:30 PM Has been: Status conference held via videoconference. Plaintiff Melissa Da Silva failed to appear. Attorney David L'Esperance appeared on behalf of defendant. Land Court Mediator Attorney Barbara Macy was also present. Attorney L'Esperance reported that his clients had signed the agreement for judgment. Attorney L'Esperance to mail the original copy to the court. Court to coordinate with plaintiff to execute the agreement and issue an order approving the agreement for judgment. Hon. Diane R. Rubin, Presiding Counsel and Pro Se plaintiff notified via email.
  53. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 03/19/2025 Time: 03:30 PM Counsel and Pro Se Plaintiff notified via email.
  54. Event Resulted: Status Conference scheduled on: 03/19/2025 03:30 PM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Diane R. Rubin, Presiding
  55. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/26/2025 Time: 03:30 PM VIA ZOOM. Pro Se litigant and counsel notified via email.
  56. Event Resulted: Status Conference scheduled on: 03/26/2025 03:30 PM Has been:Status conference held via videoconference. Plaintiff Melissa Da Silva appeared pro se and Attorney David L'Esperance did not appear on behalf of defendant, in light of defendant's execution of the parties' agreement. Land Court Mediator Attorney Barbara Macy was also present. Court advised plaintiff that the court is awaiting her signature on the parties' agreement for judgment. If she fails to do so, court will return this case to an active litigation status. Plaintiff requested one more opportunity to review the agreement for judgment with her husband and Attorney Macy. Status conference schedule for April 23, 2025, at 3:30P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigant notified via email.
  57. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 04/23/2025 Time: 03:30 PM
  58. Event Resulted: Status Conference scheduled on: 04/23/2025 03:30 PM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Diane R. Rubin, Presiding
  59. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/23/2025 Time: 03:30 PM VIA ZOOM. Pro Se Plaintiff and counsel notified via email.
  60. Mediation report from Land Court mediation attorney, filed. Attached in relation to the above referenced matter, is an Agreement for Judgment which has been signed by all parties! Please note that there are three clerical errors in the Agreement for Judgment. They are as follows: 1. The docket number in the caption is incorrect, it should be 23 MISC 000203 (DRR); 2. In paragraph 1, the date of the Plan attached should be July 30, 2024 (rather than the 6/30/24 as it currently reads); and 3. The Plan that should be attached to the Agreement for Judgment is the Plan attached to this message, drawn by Otte and Dwyer and dated July 30, 2024; rather than the Plan that is currently attached to it (dated, June 21, 2024) which is not correct in two material respects (the mag set was subsequent moved to the relocated boundary and the word "Proposed" was deleted.). It is my understanding that now that the Court has all the parties' signatures on the Agreement for Judgment, it is in a position to issue an Order of Approval with the aforementioned corrections. It is my further understanding that no party or counsel need appear at the Status Conference which had been scheduled for this afternoon.
  61. Event Resulted: Status Conference scheduled on: 06/23/2025 03:30 PM Has been: Canceled For the following reason: Case Reported Settled Hon. Diane R. Rubin, Presiding
  62. Order Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorney David L'Esperance and Pro Se Plaintiff Melissa Da Silva) Judge: Rubin, Hon. Diane R.

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