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Case Information
Filed
2025-06-20
Status
Open
Type
E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1
Docket
25 entries
Parties
Plaintiff
The Scraggy Neck Recreation Association
Defendant
Hoffstein, Gordon B|Hoffstein, Joanna M
Lawyers
Docket Entries
- omplaint eFiled.
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- and Court miscellaneous filing fee Receipt: 461553 Date: 06/20/2025
- and Court surcharge Receipt: 461553 Date: 06/20/2025
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- laintiff The Scraggy Neck Recreation Association's Ex Parte Motion for Temporary Restraining Order, filed. (Note: [Proposed] Order on Plaintiff The Scraggy Neck Recreation Association's Ex Parte Motion for Temporary Restraining Order attached).
- laintiff The Scraggy Neck Recreation Association's Motion for a Preliminary Injunction, filed. (Note: [Proposed] Order on Plaintiff The Scraggy Neck Recreation Association's Motion for Preliminary Injunction submitted).
- emorandum of Law In Support of Plaintiff The Scraggy Neck Recreation Association's Ex Parte Motion for Temporary Restraining Order and Motion for Preliminary Injunction, filed.
- ffidavit of Counsel In Further Support of Plaintiff The Scraggy Neck Recreation Association's Motion for Preliminary Injunction, filed.
- ffidavit of Bruce Webster, filed.
- Ex Parte) Motion for Short Order of Notice, filed.
- otion to Appoint Special Process Server, filed.
- ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Reznick, Hon. Lauren E. Event: Hearing on Preliminary Injunction ON SITE AT THE COURTHOUSE Date: 06/27/2025 Time: 11:00 AM Email notice to: Attorney Stephen M. Wiseman and Attorney Kimberly A. Bielan.
- otice of Docket Entry: June 20, 2025. Hearing on ex parte motion for temporary restraining order held via telephone call. Attorney Steven Wiseman appeared on behalf of the plaintiff Scraggy Neck Recreation Association ("SNRA"). Court is in receipt of the Complaint, Plaintiff's Ex Parte Motion for Temporary Restraining Order, Plaintiff's Motion for Preliminary Injunction, Memorandum of Law in Support of Plaintiff's Ex Parte Motion for Temporary Restraining Order and Motion for Preliminary Injunction, Motion to Appoint Special Process Server, Motion for Short Order of Notice, Affidavit of Counsel, and Affidavit of Bruce Webster. By way of background, Attorney Wiseman explained that SNRA's Complaint seeks a declaration that the SNRA owns exclusive title to certain beach property with an address of 426 Scraggy Neck Road, Cataumet, Massachusetts (which appears as "Shore Reservation" on Exhibit D to the Affidavit of Counsel and with a deed and association document appended to that Affidavit as Exhibits C and E) (the "Beach Property") and that defendants have not acquired prescriptive rights to install or maintain a dock on the Beach Property without permission of SNRA. SNRA seeks emergency relief because of an alleged threat by defendants to install a dock on the Beach Property without SNRA permission. Following hearing, court DENIED the Ex Parte Motion for Temporary Restraining Order, concluding that at this time there is not a clear danger of immediate harm and justice would be better served by providing defendants with an opportunity to respond to SNRA's filings and appear at a hearing. Court notes that there is no stated date installation of the dock and the allegedly threatening letters from defendants (dated June 11 and 12, 2025) are not before the court. Plaintiff's counsel is instructed to file those letters, with a supporting affidavit, together with photographs of the Beach Property from prior years to the extent practicable. Court to issue a short order of notice, setting a hearing on SNRA's motion for preliminary injunction for June 27, 2025, at 11:00A.M., in person. Hon. Diane R. Rubin, Presiding Notice of Docket Entry was generated and sent to: Plaintiff: Kimberly Bielan, Esq. [email protected] Plaintiff: Stephen Wiseman, Esq. [email protected] Sent On: 06/22/2025 19:18:36
- econd Affidavit of Counsel In Further Support of Plaintiff The Scraggy Neck Recreation Association's Motion for Preliminary Injunction, filed.
- une 24, 2025. Motion to Appoint Special Process Server ALLOWED. (Kelley, Dep. Recorder). Email notice to: Attorney Kimberly Bielan and Attorney Stephen Wiseman. Notice of Docket Entry was generated and sent to: Plaintiff: Kimberly Bielan, Esq. [email protected] Plaintiff: Stephen Wiseman, Esq. [email protected]
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kimberly Bielan, Esq. [email protected] Plaintiff: Stephen Wiseman, Esq. [email protected]
- hird Affidavit of Stephen M. Wiseman, filed.
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kimberly Bielan, Esq. [email protected] Plaintiff: Stephen Wiseman, Esq. [email protected] Defendant: Robert M Schlein, Esq. [email protected] Defendant: William Samuel Rogers, Jr., Esq. [email protected]
- ummons returned to Court with service on Joanna M Hoffstein, Gordon B Hoffstein filed. As to Joanna M. Hoffstein - 06/23/2025: Service of Summons and Hearing Notice for Preliminary Injunction by leaving at the last and usual place of abode and by mailing 1st class; As to Gordon B. Hoffstein -06/23/2025: Service of Summons and Hearing Notice for Preliminary Injunction by leaving at the last and usual place of abode and by mailing 1st class.
- efendants' Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, filed.
- vent Resulted: Hearing on Plaintiff's Motion for Preliminary Injunction scheduled on: 06/27/2025 11:00 AM Has been: Held in person. Attorney Stephen Wiseman appeared for plaintiff, and Attorneys William S. Rogers, Jr., Robert M. Schlein, and Marguerite Roberts appeared for defendants. After hearing, the court took the motion UNDER ADVISEMENT. Email notice to: Attorney Stephen Wiseman; Attorney William S. Rogers, Jr.; Attorney Robert M. Schlein; and Attorney Marguerite Roberts. Hon. Lauren E. Reznick, Presiding
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kimberly Bielan, Esq. [email protected] Plaintiff: Stephen Wiseman, Esq. [email protected] Defendant: Robert M Schlein, Esq. [email protected] Defendant: William Samuel Rogers, Jr., Esq. [email protected] Judge: Reznick, Hon. Lauren E.
- fter further consideration of the parties' arguments on the pending motion for preliminary injunction, the court has determined it needs additional information before it can render a decision. Specifically, the court seeks the parties' positions regarding the security bond plaintiff would be required to post if the requested preliminary injunction, preventing defendants' installation of the dock, were granted. Under Mass. R. Civ. P. 65(c), this bond would cover "such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained." Accordingly, the court ORDERS defendants to file a brief setting forth their position on an appropriate bond amount should the court grant plaintiff a preliminary injunction, accompanied by a supporting affidavit detailing any estimated costs, expenses, or damages they anticipate incurring if they cannot install the dock for the season. Given the upcoming leave and travel schedules discussed at the hearing, the court grants defendants until July 21, 2025, to file their brief and affidavit. Plaintiff shall file a response within ten (10) days of receiving defendants' filings. The parties may stipulate to an alternative schedule and notify the court accordingly. WARNING REGARDING DOCK INSTALLATION: The court emphasizes that it is not currently issuing any injunction or temporary restraining order regarding the dock's installation or governing the parties' rights and responsibilities. Defendants are on express notice that if they install the dock before the court decides the preliminary injunction motion, they do so AT THEIR OWN RISK. Should the court later issue the preliminary injunction, defendants may be required to remove the dock at their own expense. Furthermore, nothing in this order or any court proceedings to date should be construed as the court's recognition of defendants' right to install and maintain a dock for their exclusive use on the disputed property. Email notice to: Attorney Stephen Wiseman; Attorney Kimberly Bielan; Attorney William S. Rogers, Jr.; and Attorney Robert M. Schlein. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Kimberly Bielan, Esq. [email protected] Plaintiff: Stephen Wiseman, Esq. [email protected] Defendant: Robert M Schlein, Esq. [email protected] Defendant: William Samuel Rogers, Jr., Esq. [email protected]
- ppearance of Lauren M Koslowsky, Esq. for Gordon B Hoffstein, Joanna M Hoffstein, filed
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