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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-10-31
Status Open
Type E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 54 entries

Parties

Plaintiff Fuentes, Frankie|Fuentes, Lotoya|Brothwell, William N.
Defendant Davies, Evan J.|Davies, Dawn M.

Lawyers

Docket Entries

  1. January 23, 2026. Email Status Report received and reviewed. A further status report is due on February 23, 2026. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Sol J Cohen, Esq. [email protected] Defendant: Michael J Rossi, Esq. [email protected] Defendant: Sarah M Nyren, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Third - Party Defendant: Emily C Shanahan, Esq. [email protected] Third - Party Defendant: Jamie Wells, Esq. [email protected] Sent On: 01/23/2026 15:26:25
  2. Land Court miscellaneous filing fee Receipt: 455694 Date: 10/31/2024
  3. Land Court surcharge Receipt: 455694 Date: 10/31/2024
  4. Case assigned to the Average Track per Land Court Standing Order 1:04.
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. 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: Mark Lichtenstein, Esq. [email protected] Sent On: 11/15/2024 10:12:12
  7. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/26/2024 Time: 11:00 AM
  8. Event Resulted: Case Management Conference scheduled on: 11/26/2024 11:00 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Robert B. Foster, Presiding
  9. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/05/2024 Time: 09:15 AM
  10. Plaintiffs' and Defendant Dawn M. Davies' Joint Motion to Continue Case Management, filed.
  11. November 20, 2024. Plaintiffs' and Defendant Dawn M. Davies' Joint Motion to Continue Case Management Conference ALLOWED. The case management conference set down for December 5, 2024 has been continued to January 22, 2025 at 9:15am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Mark Lichtenstein, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Sent On: 11/20/2024 15:11:17
  12. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/22/2025 Time: 09:15 AM
  13. Event Resulted: Case Management Conference scheduled on: 12/05/2024 09:15 AM Has been: Continued Hon. Robert B. Foster, Presiding
  14. Answer, Counterclaims, and Third-Party Complaint of Dawn M. Davies, filed.
  15. Summons returned to Court with service on Mortgage Electronic Registration Systems, Inc. filed. Served summons, answer and 3rd party complaint in hand to Ashley Richardson, agent and person in charge at the time of service on December 10, 2024.
  16. Summons returned to Court with service on Landed Educators, LLC filed. Served summons, answer and 3rd party complaint in hand to Ashley Richardson, agent and person in charge at the time of service on December 10, 2024.
  17. Summons returned to Court with service on Conway Financial Services, LLC filed. Served summons, answer and 3rd party complaint by delivering in hand to Bernardo Montanez, agent and person in charge at the time of service on December 10, 2024.
  18. Answer of Defendants-In-Counterclaim Frankie Fuentes, Lotoya Fuentes and Williams N. Brothwell, filed.
  19. Plaintiffs' and Defendant Dawn M. Davies' Joint Motion to Continue Case Management Conference, filed.
  20. January 13, 2025. Plaintiffs' and Defendant Dawn M. Davies' Joint Motion to Continue Case Management Conference ALLOWED. The case management conference set down for January 22, 2025 has been continued to March 14, 2025 at 9:00am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Mark Lichtenstein, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Sent On: 01/13/2025 16:09:42
  21. Event Resulted: Case Management Conference scheduled on: 01/22/2025 09:15 AM Has been: Continued Hon. Robert B. Foster, Presiding
  22. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 03/14/2025 Time: 09:00 AM
  23. Landed Educators, LLC's and Mortgage Electronic Registration Systems, Inc.'s Answer to Plaintiff-In-Counterclaim's Counterclaim and Third Party Complaint, filed.
  24. Attorney's Affidavit of Service of Summons, filed.
  25. Plaintiffs' Motion to Amend Verified Complaint, filed.
  26. February 3, 2025. Opposition to Plaintiffs' Motion to Amend Verified Complaint due February 12, 2025 after which the court will decide said motion without hearing pursuant to Land Court Rule 6. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Mark Lichtenstein, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Third - Party Defendant: Jamie Wells, Esq. [email protected] Sent On: 02/03/2025 15:54:08
  27. Limited Opposition to Plaintiff's Motion to Amend Complaint, filed.
  28. February 12, 2025. Plaintiffs' Motion to Amend Verified Complaint ALLOWED. The issue of whether Evan J. Davies should remain as a party defendant will be addressed and resolved at the case management conference on March 14, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Mark Lichtenstein, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Third - Party Defendant: Jamie Wells, Esq. [email protected] Sent On: 02/12/2025 15:49:12
  29. Appearance of Michael J Rossi, Esq., Sarah M Nyren, Esq. for Evan J. Davies, filed
  30. Defendant Evan Davies' Limited Opposition to Plaintiffs' Motion to Amend Complaint, filed.
  31. Appearance of Michael J Rossi, Esq., Sarah M Nyren, Esq. for Evan J. Davies, filed
  32. Defendant Evan Davies' Limited Opposition to Plaintiffs' Motion to Amend Complaint, filed.
  33. Defendant Evan Davies' Motion to Dismiss Amended Verified Complaint pursuant to Mass R. Civ. P. 12(B)(6), filed.
  34. Memorandum of Law in Support of Defendant Evan Davies's Motion to Dismiss Amended Verified Complaint, filed.
  35. Answer (of Mortgage Electronic Registration Systems Inc,. as nominee for Conway Financial Services, LLC) to Dawn M. Davies' Third-Party Complaint, filed.
  36. February 25, 2025. Response to Defendant Evan Davies' Motion to Dismiss Amended Verified Complaint Pursuant to Mass. R. Civ. P. 12(b)(6) due on March 12, 2025. The motion will be heard at the case management conference on March 14, 2025 at 9:00 am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Mark Lichtenstein, Esq. [email protected] Defendant: Michael J Rossi, Esq. [email protected] Defendant: Sarah M Nyren, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Third - Party Defendant: Emily C Shanahan, Esq. [email protected] Third - Party Defendant: Jamie Wells, Esq. [email protected] Sent On: 02/25/2025 10:17:55
  37. Scheduled Judge: Foster, Hon. Robert B. Event: Motion to Dismiss Date: 03/14/2025 Time: 09:00 AM
  38. Defendant/Plaintiff-In-Counterclaim/Third-Party Plaintiff's Assent to Defendant Evan J. Davies' Motion to Dismiss, filed.
  39. Joint Case Management Conference Statement, filed.
  40. Plaintiffs' Opposition to Defendant Evan J Davies' Motion to Dismiss Amended Verified Complaint, filed.
  41. Event Resulted: Case Management Conference scheduled on: 03/14/2025 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding
  42. Event Resulted: Case Management Conference and hearing on Motion to Dismiss scheduled on: 03/14/2025 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 14, 2025. Case Management Conference and hearing on Defendant Evan Davies' Motion to Dismiss Amended Verified Complaint Pursuant to Mass. R. Civ. P. 12(b)(6) held via Zoom. Attorneys Mark Lichtenstein, Sarah M. Nyren, Steven Stoehr, Emily Shanahan and Jamie Wells appeared. This case is regarding the plaintiff's claim of trespass from a shed on property located in Bellingham and defendant Dawn Davies's counterclaims of adverse possession and trespass. Arguments heard on the Motion to Dismiss. The court has taken this motion under advisement. The parties are instructed to confer on discovery and file a status report by April 14, 2025. Discovery is open and set to close on September 15, 2025. A status conference is set down for September 16, 2025, at 9:00am by Zoom to discuss how to further proceed in this case. (Foster, J.)
  43. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Mark Lichtenstein, Esq. [email protected] Defendant: Michael J Rossi, Esq. [email protected] Defendant: Sarah M Nyren, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Third - Party Defendant: Emily C Shanahan, Esq. [email protected] Third - Party Defendant: Jamie Wells, Esq. [email protected] Sent On: 03/14/2025 11:04:04
  44. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 09/16/2025 Time: 09:00 AM
  45. Email Status Report: "Good afternoon, Clerk Brennan: I hope you are well. Please accept this email as the parties' submission of the status report required by the Court in Judge Foster's March 14, 2025 order. At this time, the positions of the Third-Party Defendants, Mortgage Electronic Registration Systems, Inc., as nominee for Landed Educators, LLC, and Mortgage Electronic Registration Systems, Inc., as nominee for Conway Financial Services, LLC, remain unchanged from the positions staked in the Joint Case Management Conference Statement. The Defendant, Evan Davies, reaffirms his belief that he is not a proper party to this case and is awaiting the decision of the Court on his Motion to Dismiss; his counsel has also agreed that, in the event that Mr. Davies is dismissed, counsel has been authorized to accept service of non-party discovery via deposition or document subpoena as necessary, and Mr. Davies will provide such discovery as necessary. As to the Plaintiffs/Defendants-in-Counterclaim, Frankie and Lotoya Fuentes and Willian N. Brothwell, and the Defendant/Plaintiff-in-Counterclaim/Third-party Plaintiff, Dawn M. Davies, counsels for the parties have engaged in some discussion regarding mediation, and counsel for the Plaintiffs/Defendants-in-Counterclaim plans to speak with his clients further on the matter. Said counsel has also stated that he is preparing discovery requests. Undersigned counsel for Ms. Davies has prepared discovery requests to be served upon the parties next week and remains open to settling this matter by mediation. All parties also await the Court's decision on Mr. Davies' Motion to Dismiss. Please advise if the Court requires any further information from the parties. Thank you and have a great weekend. Best, Steve Steven M. Stoehr, Esq."
  46. Joint Motion to Stay, filed.
  47. September 12, 2025. Joint Motion for Stay ALLOWED. This case is STAYED. The status conference set down for September 16, 2025 has been taken off the list. A status report is due on November 10, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Mark Lichtenstein, Esq. [email protected] Defendant: Michael J Rossi, Esq. [email protected] Defendant: Sarah M Nyren, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Third - Party Defendant: Emily C Shanahan, Esq. [email protected] Third - Party Defendant: Jamie Wells, Esq. [email protected] Sent On: 09/12/2025 11:14:59
  48. Event Resulted: Status Conference scheduled on: 09/16/2025 09:00 AM Has been: Canceled For the following reason: Case Reported Settled Hon. Robert B. Foster, Presiding
  49. Memorandum and Order Denying Defendant Evan J. Davies's Motion to Dismiss, issued. (Copies emailed to Attorneys Mark Lichtenstein, Michael Rossi, Sarah Nyren, Nicholas Shapiro, Steven Stoehr, Emily Shanahan, and Jamie Wells) Judge: Foster, Hon. Robert B.
  50. Email Status Report: "Good Afternoon Clerk Brennan: We hope that this email finds you and the Court well. Please accept this email in satisfaction of the parties' obligation to file a joint report on the status of the parties' finalization of their settlement, in connection with the stay of proceedings granted at the joint request of the parties on September 12, 2025. The parties report that they have been diligently pursuing finalization of the written settlement documents, and are awaiting final comments from one of the plaintiffs' lenders. As such, the parties would beg the Court's indulgence to continue the existing stay, and continue the date for further joint report for another 60 days to January 9, 2025. The parties thank the Court for its continued courtesies and patience, as they finalize their settlement. Regards, Nick Nicholas P. Shapiro"
  51. November 10, 2025. Email Status Report received and reviewed. This case remains STAYED. A status report is due on January 9, 2026. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Mark Lichtenstein, Esq. [email protected] Defendant: Michael J Rossi, Esq. [email protected] Defendant: Sarah M Nyren, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Third - Party Defendant: Emily C Shanahan, Esq. [email protected] Third - Party Defendant: Jamie Wells, Esq. [email protected] Sent On: 11/10/2025 16:06:52 Defendant: Michael J Rossi, Esq. [email protected] Defendant: Sarah M Nyren, Esq. [email protected] Defendant: Nicholas Preston Shapiro, Esq. [email protected] Defendant: Steven Michael Stoehr, Esq. [email protected] Third - Party Defendant: Emily C Shanahan, Esq. [email protected] Third - Party Defendant: Jamie Wells, Esq. [email protected] Sent On: 11/10/2025 16:06:54
  52. Withdrawal of Mark Lichtenstein, Esq. for Frankie Fuentes, Lotoya Fuentes, William N. Brothwell, filed
  53. Appearance of Sol J Cohen, Esq. for Frankie Fuentes, Lotoya Fuentes, William N. Brothwell, filed
  54. Email Status Report: Good Morning Clerk Brennan: Please accept this email in satisfaction of the parties' reporting requirement pursuant to the Order of the Court, Foster, J., dated 11/10/25 in the above-referenced matter, and please communicate my sincere apologies to the Court for the tardiness of this email. The delay has been solely attributable to the fact that I recently closed on the purchase of, and moved into, my first home during the period when this joint report was due. I thus beg the Court's pardon for the lateness of this joint report. With that said, the parties are happy to report that, since the parties' last joint report on November 10, 2025, the parties have agreed upon the form of the relevant settlement documents, and the principal parties, the Plaintiffs and the Defendant Dawn Davies, have executed the applicable settlement documents. At this juncture, all that remains to be accomplished are logistical matters, the other parties' execution of the pertinent documents, and thereafter the recordation of instruments contemplated and provided for by the parties' settlement agreement. Once these matters have been completed, the parties will be dismissing this lawsuit. The parties therefore beg the Court's indulgence for an additional 30 days to wrap this matter up. The parties again thank the Court for its continued courtesies and patience, as they finalize their settlement. Regards, Nick Nicholas P. Shapiro Attorney-at-Law"

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