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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-10-29
Status Open
Type Cer Enforce Restrictions, G.l. Chapter 240, 10 A 10 C
Docket 71 entries

Parties

Plaintiff Caribbean Cowboy Corp|Grant, Naomi|Emmanual, Brad|Di Amarino, Heather
Defendant Town Of Duxbury And Recreation|Duxbury Police Department|Mc Gee, Michael|Mac Nab, Amy M.|Glennon, Ii, Brian E.|Fiorini, Cynthia Ladd|Guitart, Fernando|Reid, Renée J.

Lawyers

Docket Entries

  1. Affidavit of Naomi Grant, filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 455521 Date: 10/29/2024
  4. Land Court surcharge Receipt: 455521 Date: 10/29/2024
  5. Land Court summons Receipt: 455521 Date: 10/29/2024
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Brad Emmanual 280 South St, Bridgewater, MA 02324 Sent On: 11/15/2024 10:03:37
  8. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/26/2024 Time: 10:45 AM
  9. Event Resulted: Case Management Conference scheduled on: 11/26/2024 10:45 AM Has been: Continued Hon. Robert B. Foster, Presiding
  10. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/05/2024 Time: 12:30 PM
  11. Event Resulted: Case Management Conference scheduled on: 12/05/2024 11:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding December 5, 2024. Case Management Conference held by Zoom. Brad Emmanuel and Naomi Grant appeared pro se and were sworn. This case is regarding a trespass claim against the Town of Duxbury, its police department and department of recreation. The court informs Mr. Emmanuel and Ms. Grant that they are unable to represent Caribbean Cowboy Corp as they are not attorneys, and if the corporation is to remain in this case, it must be represented by counsel. The court also advises the parties of its concerns that the court may not have subject matter jurisdiction over the complaint's claims. The court grants the plaintiffs additional time to complete service, and urges the plaintiffs to obtain counsel. A continued case management conference is set down for January 16, 2025 at 9:15am by Zoom. (Foster, J.)
  12. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Naomi Grant No addresses available Plaintiff: Brad Emmanual [email protected] Sent On: 12/06/2024 11:03:14
  13. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/16/2025 Time: 09:15 AM
  14. Summons returned to Court with service on Town of Duxbury and Repreation filed. Served by delivering in had to Rene Read, Town Manager, agent, person in charge at the time of service on December 12, 2024 (Served in capacity as agent to Duxbury Beach Operations Manager)
  15. Summons returned to Court with service on Duxbury Police Department filed. Served by delivering in hand to Officer Emma Sheehan, agent, person in charge at the time of service on December 12, 2024
  16. Summons returned to Court with service on Town of Duxbury and Repreation filed. Served by delivering in hand to Rene Read, Town Manager, agent, person in charge at the time of service on December 12, 2024. (Served in capacity as agent for Duxbury Town Manager)
  17. Event Resulted: Case Management Conference scheduled on: 01/16/2025 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 16, 2025. Case Management Conference held by Zoom. Brad Emmanuel appeared Pro Se and was sworn. Returns of service have been filed showing that service was made on the Town of Duxbury and the Duxbury Police department. As the Town nor the Police Department has appeared at this hearing, this case management conference has been continued to February 24, 2025 at 2:30pm by Zoom. The court will provide to Mr. Emmanuel notice of this continued hearing and an order of the court ordering the named defendants to appear. Mr. Emmanuel will serve the town and police department with the order and notice by means of certified mail and is further instructed to submit an affidavit of service. Notice of Case Management Conference and order of the court to issue. (Foster, J.)
  18. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Brad Emmanual [email protected] and mailed to resident address Sent On: 01/16/2025 15:27:28
  19. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 02/24/2025 Time: 02:30 PM
  20. Order to Appear, issued. (Copies emailed to Pro Se Plaintiff Brad Emmanual) Judge: Foster, Hon. Robert B.
  21. Defendant Town of Duxbury's Answer to Complaint, filed.
  22. Appearance of Jeffrey T Blake, Esq. for Town of Duxbury and Recreation, filed
  23. Affidavit of Service as to the Town of Duxbury, filed.
  24. Event Resulted: Case Management Conference scheduled on: 02/24/2025 02:30 PM Has been: Held via video Hon. Robert B. Foster, Presiding February 24, 2025. Case Management Conference held by Zoom. Brad Emmanuel appeared Pro Se and was sworn. Attorney Jeffrey T. Blake appeared. Early intervention event held. Mr. Emmanual reports to the court the upcoming trial date of a related criminal case in Plymouth Superior Court in which he is represented by counsel. Pending the result of the criminal trial, this case is STAYED. A status conference is set down for May 1, 2025 at 9:45 am by Zoom. (Foster, J.)
  25. Alternative Dispute Resolution: Early Intervention Event held. Judge: Foster, Hon. Robert B.
  26. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Jeffrey T Blake, Esq. [email protected] Plaintiff: Brad Emmanual [email protected] Sent On: 02/25/2025 09:53:51
  27. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/01/2025 Time: 09:45 AM
  28. Event Resulted: Status Conference scheduled on: 05/01/2025 09:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 1, 2025. Status Conference held via Zoom. Attorney Jeffrey T. Blake appeared. Brad Emmanuel and Naomi Grant appeared Pro Se and were sworn. The parties report Mr. Emmanuel was found guilty on 5 counts of criminal trespass in the related criminal matter. Mr. Emmanuel and Ms. Grant will seek to obtain counsel for themselves and Caribbean Cowboy Corporation in this matter. A status conference is set down for May 19, 2025, at 3:15pm by Zoom to discuss how to proceed in this case. If no attorney has appeared for Caribbean Cowboy Corporation by May 19, 2025, Caribbean Cowboy Corporation will be dismissed from this case without prejudice. (Foster, J.)
  29. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Jeffrey T Blake, Esq. [email protected] Plaintiff: Brad Emmanual [email protected] Sent On: 05/02/2025 14:31:35
  30. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/19/2025 Time: 03:15 PM
  31. Event Resulted: Status Conference scheduled on: 05/19/2025 03:15 PM Has been: Held via video Hon. Robert B. Foster, Presiding May 19, 2025. Status Conference held via Zoom. Attorney Jeffrey T. Blake appeared. Brad Emmanuel and Naomi Grant appeared Pro Se and were sworn. Bobby Emmanuel appeared and participated. As Caribbean Cowboy Corp has not retained counsel, Caribbean Cowboy Corp is hereby DISMISSED without prejudice as party plaintiff in this matter along with Heather DiAmarino. In order to clarify the relief Mr. Brad Emmanuel is seeking, the plaintiffs' first amended complaint is due on June 2, 2025 identifying the party plaintiffs, naming the Town of Duxbury as sole party defendant, laying out the plaintiffs' claims as to their rights as members of the public to use Duxbury property and identifying the specific property in dispute, and setting forth the relief they seek. Upon receipt, the Town of Duxbury will have until June 16, 2025 to either file their answer or Motion to Dismiss due to lack of subject matter jurisdiction. The plaintiffs will have until June 30, 2025 to respond to the Motion to Dismiss if filed or to any counterclaim if filed. A hearing on the Motion to Dismiss and/or case management conference is set down for July 8, 2025 at 10:30 am by Zoom.
  32. Relevant Laws, filed.
  33. Relevant Evidence, filed.
  34. Criminal Complaints & Police Reports, filed.
  35. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Jeffrey T Blake, Esq. [email protected] Plaintiff: Brad Emmanual [email protected] Sent On: 05/20/2025 09:35:54
  36. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 07/08/2025 Time: 10:30 AM
  37. Formal Complaint Regarding Freedom of Navigation at Duxbury Beach Reservation, filed.
  38. Appearance of Nicholas R Sammarco, Esq. for Michael McGee Chairman of the Town of Duxbury Selectboard, Amy M. MacNab Vice Chairman of Town of Duxbury Selectboard, Brian E. Glennon, II Member of the Town of Duxbury Selectboard, Cynthia Ladd Fiorini member of Town of Duxbury Selectboard, Fernando Guitart Member of the Town of Duxbury Selectboard, Renée J. Reid Manager of The Town of Duxbury, filed
  39. Defendants' Answer to Plaintiffs' Amended Complaint, filed.
  40. Cover Letter and Request for Extension regarding Defendant's Motion to Dismiss Plaintiffs' Amended Complaint, filed.
  41. Defendants' Motion to Dismiss Plaintiffs' Amended Complaint, filed.
  42. Defendants' Memorandum in Support of their Motion to Dismiss Plaintiffs' Amended Complaint, filed.
  43. Summons returned to Court with service on Cynthia Ladd Fiorini member of Town of Duxbury Selectboard, Brian E. Glennon, II Member of the Town of Duxbury Selectboard, Fernando Guitart Member of the Town of Duxbury Selectboard, Amy M. MacNab Vice Chairman of Town of Duxbury Selectboard filed. Service of Amended Complaint by Deputy Sherriff. Served by delivering in hand to Susan Kelly, Town Clerk on June 23, 2025.
  44. Event Resulted: Case Management Conference scheduled on: 07/08/2025 03:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding July 8, 2025. Case Management Conference held via Zoom. Attorney Nicholas R. Sammarco appeared. Brad Emmanuel and Naomi Grant appeared Pro Se and were sworn. Mr. Emmanuel is unsure of the scope of the no-trespass order that is the subject of this action. Attorney Sammarco is ORDERED to confer with the plaintiffs and the Town of Duxbury and submit by July 22, 2025, a statement of limits and further clarification of the pending no trespass order Mr. Emmanuel must abide by. The court and the parties are in receipt of the recently filed Defendants' Motion to Dismiss. The plaintiffs are to file their opposition to the pending Motion to Dismiss by August 22, 2025 with the Town's reply brief due on August 29, 2025. The hearing on the Defendants' Motion to Dismiss is set down for September 9, 2025 at 10:30am by Zoom. Notice of hearing to issue. (Foster, J.)
  45. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Jeffrey T Blake, Esq. [email protected] Defendant: Nicholas R Sammarco, Esq. [email protected] Plaintiff: Naomi Grant [email protected] Plaintiff: Brad Emmanual [email protected] Sent On: 07/09/2025 08:27:24
  46. Scheduled Judge: Foster, Hon. Robert B. Event: Motion to Dismiss Date: 09/09/2025 Time: 10:30 AM
  47. Statement of Limits and Further Clarification of the No-Trespass Order, filed.
  48. Plaintiffs' Response to Defendants' Clarification of No-Trespass Order and Reassertion of Right to Public Access under Agricultural and Public Way Statutes, filed.
  49. Plaintiffs' Brief on the Ultra Vires Nature of Duxbury's Blanket No-Trespass Order , filed.
  50. Plaintiffs' Opposition to Defendants' Motion to Dismiss, filed.
  51. Defendant's Motion to Expedite hearing on Motion to Vacate and Remove No-Trespass Order - Plymouth District Court, filed.
  52. Financial Statements, filed.
  53. Evidence Pictures, filed.
  54. Case Law Packet - Emmanuel & Grant v. Town of Duxbury Officials, filed.
  55. Plaintiffs' Memoranda of Law in Support of Opposition to Defendants' Motion to Dismiss, filed.
  56. Event Resulted: Motion to Dismiss scheduled on: 09/09/2025 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding September 9, 2025. Hearing on Defendants' Motion to Dismiss Plaintiffs' Amended Complaint held via Zoom. Attorney Nicholas R. Sammarco appeared. Brad Emmanuel appeared pro se and was sworn. After discussion, the Town of Duxbury is granted until September 23, 2025 to file a statement clarifying the area covered by the no-trespass order and the area that Mr. Emmanuel was alleged to have trespassed upon in violation of the no-trespass order, along with a plan of the beach highlighting which areas Mr. Emmanuel and his corporation are not allowed to enter on horseback. Mr. Emmanuel is granted until to September 30, 2025 to submit any replies to this statement. With the agreement of Mr. Emmanuel and the Town, if the scope of Mr. Emanuel's violation of the no-trespass order entails only the upland part and the flats of Duxbury Beach, this case shall be dismissed without prejudice. In the event the scope of the violation of the no-trespass order is greater, the court will take the pending Motion to Dismiss under advisement. (Foster, J.)
  57. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Jeffrey T Blake, Esq. [email protected] Defendant: Nicholas R Sammarco, Esq. [email protected] Plaintiff: Naomi Grant [email protected] Plaintiff: Brad Emmanual [email protected] Sent On: 09/10/2025 08:59:24
  58. Statement of Limits and Further Clarification of the No-Trespass Order, filed.
  59. Notice of Filing, filed.
  60. Table of Authorities, filed.
  61. Plaintiffs' Motion for Leave to File Amended Complaint to add Duxbury Beach Reservation Inc. as a Defendant, filed.
  62. Plaintiffs' Motion for Leave to Amend in the Alternative, filed.
  63. (Proposed) Order, filed.
  64. Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss, filed.
  65. Plaintiffs' Consolidated Opposition to Defendants' Motion to Dismiss, filed.
  66. (Proposed) Order on Plaintiffs' Motion for Leave to Amend in the Alternative, filed.
  67. Affidavit of Brad Emmanuel, filed.
  68. Case Law supporting Fair Notice and Due Process, filed.
  69. Evidence submitted by Brad Emmanuel, filed.
  70. October 1, 2025. With the filing of plaintiffs' responses, the defendant's motion to dismiss is taken under advisement. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Jeffrey T Blake, Esq. [email protected] Defendant: Nicholas R Sammarco, Esq. [email protected] Plaintiff: Naomi Grant [email protected] Plaintiff: Brad Emmanual [email protected] Sent On: 10/01/2025 15:56:41
  71. Plaintiffs' Response to Defendants' Statement of Limits and Request for Judicial clarification regarding Town Map and Enforcement, filed.

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