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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-18
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 52 entries
Disposition judgment entered

Parties

Plaintiff Bennett Le Clair, Lori|Bennett, Ronald A.|Feeley, Erin A.|Palao, Shannon M.|Bennett, Jeffrey L.
Defendant Bennett, Tracy L.|City Of Waltham

Lawyers

Docket Entries

  1. Judgment Confirming Partition, entered. (Copies emailed to Attorneys Alan Fanger, Travis Jackson, and Peter Aloisi) [Typo in address corrected] Judge: Smith, Hon. Kevin T.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 441118 Date: 05/18/2023
  4. Land Court surcharge Receipt: 441118 Date: 05/18/2023
  5. Land Court summons Receipt: 441118 Date: 05/18/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the F Track. Notice sent.
  8. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference VIA ZOOM Date: 06/29/2023 Time: 10:00 AM Email Notice to: Attorney Alan S. Fanger
  9. Appearance of Travis C Jackson, Esq. for Tracy L. Bennett, filed
  10. Assented to Motion to Continue Case Management Conference, filed.
  11. Notice of Docket Entry: Assented to Motion to Continue Case Management Conference, ALLOWED (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Defendant: Travis C Jackson, Esq. [email protected] Sent On: 06/28/2023 11:03:24
  12. Event Resulted: Case Management Conference scheduled on: 06/29/2023 10:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  13. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 07/27/2023 Time: 10:00 AM
  14. Joint Case Management Conference Memorandum, filed.
  15. Event Resulted: Case Management Conference scheduled on: 07/27/2023 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding July 27, 2023. Case management conference held via videoconference. Early intervention event held. Attorney Alan Fanger appeared for the plaintiffs. Attorney Travis Jackson appeared for the defendant. This is an action for partition pursuant to G. L. c. 241. The defendant had resided at the property by himself for several years, and recently moved leaving the property vacant. The parties indicated that they are all amenable to a mediation screening and would prefer to resolve the sale without the unnecessary expense of a partition commissioner. Following colloquy, the court ordered the parties to participate in a mediation screening with REBA by no later than August 30, 2023. The parties are to provide a joint report by no later than September 6, 2023, indicating whether they intend to go forward with mediation. The court also scheduled a status conference for September 22, 2023, at 9:30am to be held only if the parties do not go forward with mediation. (Smith, J.).
  16. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Defendant: Travis C Jackson, Esq. [email protected] Sent On: 07/28/2023 15:50:53
  17. ADR referral to REBA Dispute Resolution, Inc. issued. Judge: Smith, Hon. Kevin T.
  18. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 09/22/2023 Time: 09:30 AM
  19. ADR Report of REBA: Mandatory Screening will occur on August 11, 2023.
  20. ADR Report of REBA: Parties will mediate with Hon. R. Marc Kantrowitz (ret.) on September 21, 2023.
  21. Event Resulted: Status Conference scheduled on: 09/22/2023 09:30 AM Has been: Canceled due to the scheduled mediation. Hon. Kevin T. Smith, Presiding
  22. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Defendant: Travis C Jackson, Esq. [email protected] Sent On: 09/14/2023 13:46:12
  23. Emailed report of Plaintiff, received. The mediation with Judge Kantrowitz scheduled for September 21, 2023 did not occur due to the Defendant being ill. Said mediation has been rescheduled to October 2, 2023. Counsel jointly suggests that a Status Conference be scheduled for October 16, 2023.
  24. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 10/16/2023 Time: 09:00 AM
  25. ADR Report of REBA: Mediation scheduled for September 21, 2023 with Judge Kantrowitz has been postponed to October 2, 2023 due to one of parties being sick.
  26. ADR Report of REBA: Parties mediated with Hon. R. Marc Kantrowitz (ret) on October 2, 2023 and did not settle.
  27. Plaintiffs' Motion to Take Audio-Visual Deposition of William Lyons, filed.
  28. In accordance with SJC Rule 1:07, the following fee generating appointment was made: Peter Aloisi, Esq. appointed as Partition Commissioner (Northern Counties) On 10/16/2023 by Hon. Kevin T. Smith
  29. Event Resulted: Status Conference scheduled on: 10/16/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding October 16, 2023. Status conference held via videoconference. Attorney Alan Fanger appeared for the plaintiffs. No other party appeared. Attorney Fanger informed the court that mediation by the parties had been unsuccessful, and the appropriate next step would be to appoint a partition commissioner. Attorney Fanger also discussed the plaintiff's motion to take an audio-visual deposition of William Lyons with the court and stated that opposing counsel had not expressed any opposition to the motion. Following discussion, the court allowed the plaintiff's motion to take an audio-visual deposition of William Lyons. The court will appoint a partition commissioner. (Smith, J.).
  30. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Defendant: Travis C Jackson, Esq. [email protected] Sent On: 10/24/2023 08:47:44
  31. Interim Order Appointing Peter Aloisi, Esq. as Partition Commissioner, issued. (Copies emailed to Alan S Fanger, Esq., Travis C Jackson, Esq., and Peter Aloisi, Esq.) Judge: Smith, Hon. Kevin T.
  32. Plaintiffs' Motion to Compel Production of Documents, filed.
  33. Interim Order Appointing Peter Aloisi, Esq. as Partition Commissioner with Commissioner's Oath, filed.
  34. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 12/15/2023 Time: 09:30 AM
  35. November 29, 2023. Emailed report of commissioner received. The two week extension requested by the commissioner to file their report is ALLOWED. The Second Interim Report is to be filed by December 15, 2023. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Defendant: Travis C Jackson, Esq. [email protected] Commissioner: Peter Aloisi, Esq. [email protected] Sent On: 11/29/2023 09:53:40
  36. Commissioner's First Interim Report, filed.
  37. Commissioner's Second Interim Report, filed.
  38. Event Resulted: Status Conference scheduled on: 12/15/2023 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding December 15, 2023. Status conference held via videoconference. Attorney Alan Fanger appeared for the plaintiffs. Attorney Travis Jackson appeared for the defendant. Partition commissioner Peter Aloisi also appeared. The court asked if the parties had any objections to or comments on the commissioner's second interim report. Attorney Fanger stated that he does not object to the report, and he informed the court that he is currently working on addressing the issues related to homeowners' insurance and plans to record the Notice of the Partition Petition. Attorney Jackson noted that there had been difficulty dealing with the issue of the defendant's belongings remaining on the property because he does not currently have a key with which to enter. Attorney Fanger raised concerns regarding safety issues that may arise if the defendant were allowed to enter alone and noted that property belonging to the plaintiffs and third parties remained on the property. Counsel and the commissioner agreed to find a mutually agreeable date for entry by any parties who wish to do so. The court then inquired as to whether the commissioner had identified a broker to market the property. The commissioner stated that he had not identified an individual broker yet, but he intends to hire a qualified local broker. The court then asked what the parties' positions are regarding the price at which the commissioner intends to list the property. Counsel for both plaintiffs and defendant agreed that they agree with the listing price from the report, but they are amenable to adjustments based on market conditions. The court then inquired as to the retainer requested by the commissioner. The commissioner explained that he had already incurred over $800 in expenses, and a surety bond and hiring a junk removal contractor would likely be required, so the retainer would be necessary to cover those expenses and others that may arise. Following discussion, the court ordered the parties to pay the commissioner a $5,000 retainer by January 1, 2024, with the payment divided among the parties proportionately by their respective shares of ownership in the property, which counsel report to be a 25% interest held by the defendant and the remaining 75% held by the plaintiffs. The court also stated that all parties must remove any belongings from the property that they wish to keep by the end of the day on February 4, 2024, and the commissioner may enter to inspect the property on February 5, 2024, and hire a contractor to remove any remaining items. The court to issue a written order. (Smith, J.).
  39. Warrant to Commissioner Peter Aloisi, Esq., to Sell by Private Sale 170 Seminole Ave., Waltham, MA and Related Orders, issued. (Copies emailed to Attorneys Alan Fanger, Travis Jackson, and Peter Aloisi) Judge: Smith, Hon. Kevin T.
  40. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Defendant: Travis C Jackson, Esq. [email protected] Commissioner: Peter Aloisi, Esq. [email protected] Sent On: 12/18/2023 15:24:43
  41. Plaintiff's Motion for Sanctions, filed.
  42. Scheduled Judge: Smith, Hon. Kevin T. Event: Motion Date: 01/24/2024 Time: 11:00 AM
  43. Event Resulted: Motion scheduled on: 01/24/2024 11:00 AM Has been: Held via Video Hon. Kevin T. Smith, Presiding January 24, 2024. Motion hearing held via videoconference. Attorney Alan Fanger appeared for the plaintiffs. Attorney Travis Jackson appeared for the defendant. Partition commissioner Peter Aloisi also appeared. Before the court was the plaintiffs' motion for sanctions against defendant Tracy Bennett. Attorney Fanger asserted that the defendant and Attorney Jackson have been uncooperative in his efforts to coordinate a date and time for the defendant's son to visit the property and remove the defendant's personal property. Attorney Jackson stated that the defendant's son can go to the property on January 28, 2024, to remove the defendant's belongings. The court clarified that the presence of all parties is not required when the defendant's son inspects the items of personal property that belong to the defendant, but strongly encouraged the parties to cooperate in efforts to remove the defendant's personal property prior to February 5, 2024, when Commissioner Aloisi will begin soliciting bids from junk removal contractors to clean out any remaining items. Attorney Fanger noted that the motion for sanctions was also based on Attorney Jackson failing to provide documents that the court had directed him to disclose. Attorney Jackson explained that he had some difficulty obtaining the necessary documents from the defendant but agreed to immediately send the documents he had. Following argument, the court DENIED the plaintiff's motion for sanctions and directed Commissioner Aloisi to file a report with the court following his visit to the property on February 5, 2024. (Smith, J.).
  44. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Defendant: Travis C Jackson, Esq. [email protected] Commissioner: Peter Aloisi, Esq. [email protected] Sent On: 01/24/2024 15:07:18
  45. Commissioner's Third Interim Report, filed.
  46. AMENDED Warrant to Commissioner Peter Aloisi, Esq., to Sell by Private Sale 170 Seminole Ave., Waltham, MA and Related Orders, issued. (Copies emailed to Attorneys Alan Fanger, Travis Jackson, and Peter Aloisi) Judge: Smith, Hon. Kevin T.
  47. Commissioner's Fourth Interim Report, filed.
  48. Commissioner's Notification of Executed Purchase and Sale Agreement, filed.
  49. General Release and Settlement Agreement, filed.
  50. Second Amended Warrant to Commissioner Peter Aloisi, Esq., to Sell by Private Sale 170 Seminole Ave., Waltham, MA and Related Orders, issued. (Copies emailed to Attorneys Alan Fanger, Travis Jackson, and Peter Aloisi) Judge: Smith, Hon. Kevin T.
  51. Commissioner's Sale and Closing Report, filed.
  52. Judgment Confirming Partition, entered. (Copies emailed to Attorneys Alan Fanger, Travis Jackson, and Peter Aloisi) [Typo found in address, see Amended Judgment] Judge: Smith, Hon. Kevin T.

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