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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-07-24
Status Open
Type Par Partition, G.l. Chapter 241
Docket 47 entries

Parties

Plaintiff Horne, Angela E.
Defendant Downie, James D.|Century Bank & Trust Co.

Lawyers

Docket Entries

  1. Petition for Partition, filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 442716 Date: 07/24/2023
  4. Land Court surcharge Receipt: 442716 Date: 07/24/2023
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Land Court summons Receipt: 442716 Date: 07/24/2023
  7. Appearance of Herbert William Boudreau, Jr., Esq. for Angela E. Horne, filed
  8. Military Affidavit, filed.
  9. The case has been assigned to the F Track. Notice sent.
  10. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 09/08/2023 Time: 10:00 AM Email notice to: Attorney Herbert W. Boudreau, Jr.
  11. Event Resulted: Case Management Conference scheduled on: 09/08/2023 10:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  12. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 09/21/2023 Time: 09:30 AM Email notice to: Attorney Herbert W. Boudreau, Jr.
  13. Summons returned to Court with service on James D. Downie filed. 08/04/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
  14. Appearance of Michael B Cosentino, Esq. for Angela E. Horne, filed
  15. Defendant's Motion to Continue Case Management Conference (scheduled September 21, 2023 for a period of no less than two (2) weeks), filed.
  16. Appearance of Michael B Cosentino, Esq. for James D. Downie, filed
  17. Any opposition to Defendant's Motion To Continue Case Management Conference should be filed and served by noon tomorrow. Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  18. There being no opposition to Defendant's Motion To Continue Case Management Conference, that motion is ALLOWED, the September 22, 2023 case management conference is VACATED and a new case management conference is hereby scheduled for October 19, 2023 at 9:30 a.m. Email notice to: Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected] Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  19. Event Resulted: Case Management Conference scheduled on: 09/21/2023 09:30 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
  20. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 10/19/2023 Time: 09:30 AM Email notice to: Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino.
  21. Defendant's Motion to Continue Case Management Conference (scheduled October 19, 2023 for 30 days), filed.
  22. Event Resulted: Case Management Conference scheduled on: 10/19/2023 09:30 AM Has been: Vacated and will be Rescheduled to a date to be determined. Hon. Jennifer S.D. Roberts, Presiding
  23. Defendant's Motion to Continue Case Management Conference (scheduled October 19, 2023 for 30 days) ALLOWED. Case Management Conference via Zoom scheduled October 19, 2023 at 9:30 AM is VACATED. Case Management Conference via Zoom to be rescheduled to a date to be determined, Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected] Sent On: 10/17/2023 16:41:08
  24. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 11/17/2023 Time: 09:30 AM Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino.
  25. (First) Joint Case Management Conference Statement, filed.
  26. (Second) Joint Case Management Conference Statement, filed.
  27. Event Resulted: Case Management Conference scheduled on: 11/17/2023 09:30 AM Has been: Held via video. Attorney Herbert W. Boudreau, Jr. appeared on behalf of the plaintiff and Attorney Michael B. Consentino appeared on behalf of the defendant James D. Downie. In response to the court's question about alternative dispute resolution, Attorney Boudreau reported that his client would be agreeable to mediation. Attorney Downie requested that discovery be completed prior to mediation. In response to that suggestion, the court observed that some of the claims brought by the defendant may not be recoverable in a partition action and questioned whether discovery needed to be done prior to a decision to place the property on the market, if that is what the parties agree to. The court further observed that the parties were both at risk of changing market conditions if a decision to sell the property is delayed. After discussion, the court scheduled a further Status Conference for December 6, 2023 at 10:30 a.m. in order to allow Attorney Consentino to speak with his client about whether he wishes to purchase or to sell the property. Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Consentino. Hon. Jennifer S.D. Roberts, Presiding
  28. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  29. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 12/06/2023 Time: 10:30 AM Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino.
  30. Event Resulted: Status Conference scheduled on: 12/06/2023 10:30 AM Has been: Held via video. Attorney Herbert W. Boudreau, Jr. appeared on behalf of the plaintiff Angela F. Horne and Attorney Michael B. Consentino appeared on behalf of the defendant James D. Downie. Attorney Boudreau reported that the parties have agreed to sell the property and wish to cooperate in getting the property on the market at fair market value. Attorney Boudreau requested that a status conference be held in 90 days and that any issues regarding distribution of funds be addressed after the sale of the property. Attorney Consentino concurred. The court scheduled a further Status Conference for March 14, 2024 at 10:30 a.m. Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Consentino. Hon. Jennifer S.D. Roberts, Presiding
  31. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  32. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 03/14/2024 Time: 10:30 AM Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Consentino.
  33. Event Resulted: Status Conference scheduled on: 03/14/2024 10:30 AM Has been: Held via video. Attorney Herbert W. Boudreau appeared for the plaintiff and no appearance was made by on behalf of the defendant despite attempts by counsel and the court to reach Attorney Cosentino. Attorney Boudreau reported that he has attempted to discuss brokers with Attorney Cosentino, but he has not heard back from him since January. The court noted that the next step would be to appoint a commissioner unless the parties can come to an agreement. The court gave Attorney Boudreau an additional week to attempt to restart discussions and scheduled a further status conference for March 21, 2024 at 10:00 a.m. to discuss whether it will be appropriate to appoint a commissioner Email notice to: Attorney Herbert W. Boudreau. Hon. Jennifer S.D. Roberts, Presiding
  34. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  35. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 03/21/2024 Time: 10:00 AM Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Consentino
  36. Event Resulted: Status Conference scheduled on: 03/21/2024 10:00 AM Has been: Held via video. Attorney Herbert W. Boudreau, Jr. appeared for the plaintiff and Attorney Michael B. Cosentino appeared for the defendants. Attorney Boudreau reported that the parties have agreed on a broker and are currently waiting for the broker to visit the property and propose a listing value. Attorney Boudreau anticipates the property can be sold in the next 90 days. The funds from the sale will likely be held in escrow pending resolution of the issues of distribution among the parties. Attorney Cosentino agreed with this assessment. The court scheduled a further status conference for June 5, 2024 at 9:00 a.m. If the process is moving forward smoothly, counsel may submit a status report to Clerk Hayes and request that the status conference be taken off the calendar. Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Hon. Jennifer S.D. Roberts, Presiding
  37. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  38. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/05/2024 Time: 09:00 AM Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino.
  39. Event Resulted: Status Conference scheduled on: 06/05/2024 09:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
  40. At the joint request of the parties the Status Conference via Zoom scheduled June 5, 2024 at 9:00 AM has been VACATED, and parties are directed to file a status report on or before August 2, 2024. Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  41. (Joint) Status Report, filed.
  42. In light of the eFiled status report, counsel are ordered to file a further status report on September 3, 2024 (not August 2, 2024) if the case is still pending. Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  43. Status Report (parties requesting an additional 60 days for completion of discovery (by November 4, 2024)), filed.
  44. Status Report (parties requesting an additional 60 days for completion of discovery (by November 4, 2024)) ALLOWED. Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  45. This case has been REASSIGNED to the Hon. Lauren E. Reznick. Please direct further communication to Sessions Clerk Kathleen Hayes at [email protected]. (Piper, C.J.) Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Defendant: Michael B Cosentino, Esq. [email protected]
  46. Scheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 01/23/2025 Time: 09:30 AM Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino.
  47. Event Resulted: Status Conference scheduled on: 01/23/2025 09:30 AM Has been: Held via video. Attorney Herbert W. Boudreau, Jr. appeared for plaintiff, and Attorney Michael B. Cosentino appeared for defendant. In this partition action between a brother and sister, the subject property has been sold. Attorney Cosentino is now holding $758,912.14 in net sale proceeds and an additional $8,150.00 in excess deposit in his firm's IOLTA account. Attorney Boudreau reported that discovery is not yet complete and that defendant's deposition is scheduled for next week. Attorney Cosentino also plans to notice the continued deposition of plaintiff. Attorney Boudreau anticipates a potential discovery dispute regarding the scope of plaintiff's deposition, which may necessitate a motion to compel or a protective order. The court set a discovery deadline of March 21, 2025. Any discovery motions must be filed by March 7, 2025. The parties are required to confer in good faith to resolve or narrow their disputes and comply with Land Court Rule 7 before filing any discovery motions. After discussion regarding the parties' positions on equitable adjustments to the division of the proceeds, the court directed counsel to review Lodigiani v. Pare, 103 Mass. App. Ct. 140 (2023) and other Chapter 241 case law on the limitations of what is recoverable in a partition action. The court also ORDERS the parties to file with the court by April 18, 2025, a motion for equitable adjustment explaining the parties' requests for reimbursement of expenses, capital improvements, or other equitable adjustments allowable under General Laws chapter 241. Any such request must be supported with an affidavit or other admissible evidence describing the expense and showing that the party requesting reimbursement has paid it. Oppositions to the parties' respective motions for equitable adjustments are due May 2, 2025. The court also encouraged the parties to discuss the possibility of settlement and consider mediation screening. The parties may contact Clerk Hayes to obtain a court order for free mediation screening. Email notice to: Attorney Herbert W. Boudreau, Jr. and Attorney Michael B. Cosentino. Hon. Lauren E. Reznick, Presiding

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