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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-13
Status Closed
Type Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket 42 entries
Disposition judgment entered

Parties

Plaintiff Immonen, Michael L.|Barton, Lynne W.
Defendant Vey, Robert J.|Cusick, Jr., Paul V.|Westman, Shirley J.|Eglinton, Wendy I.|Navins, Richard R.|Smith, Thomas H.|Smith, Anne K.|Branca, William J.|Branca, Maureen J.|Gudas, Linda Sayler|Sayler, Michael M.|Quenzel, Keith|Quenzel, Judith|Vogt, Stephen C.|Vogt, Marilyn|Judge, Laura Dwyer|Gardner, Francis L.|Cavanaugh, Ronald J.|Mitchell, Susan|Mitchell, Edward|Mitchell, Ryan E.|Cavanaugh, Sheila|Cavanaugh, Nancy|Cavanaugh, Jr., Ronald J.|Cavanaugh, Thomas F.|Town Of Bourne|Any Person Claiming Any, Interest In Hill Street

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 439018 Date: 03/13/2023
  4. and Court surcharge Receipt: 439018 Date: 03/13/2023
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. ffidavit of Ian C. Hedges, filed.
  7. ffidavit of Non-Use (Michael I. Immonen), filed.
  8. ffidavit of Non-Use (Lynne W. Barton), filed.
  9. laintiff's Motion for Alternate Service by Publication, filed.
  10. he case has been assigned to the A Track. Notice sent.
  11. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 04/06/2023 Time: 09:30 AM Email notice to: Attorney Ian C. Hedges.
  12. vent Resulted: Status Conference scheduled on: 04/06/2023 09:30 AM Has been: Held via video. Attorney Ian C. Hedges appeared for plaintiffs and no appearance was made by or on behalf of the defendants. The court outlined its concerns about the failure to name particular defendants in the complaint, in particular (1) the town, which appears to hold title to the first twenty feet of the way, (2) possibly the owner of Lot 116 abutting Circuit Avenue, and (3) possibly other owners on Hill Street who might claim rights over the way. The court set a deadline for April 13, 2023 for Attorney Hedges to file an amended complaint. Once that has been filed and the named defendants have been served, the court will schedule a Case Management Conference. Email notice to: Attorney Ian C. Hedges. Hon. Jennifer S.D. Roberts, Presiding
  13. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ian C Hedges, Esq. [email protected]
  14. irst Amended Complaint, filed by email.
  15. etter from Defendant Robert J. Vey, Trustee of the Vey Family Realty Trust, who indicates: "...hereby relinquish any and all rights that the trust may have to a 15 by 20 foot Paper Street designated as Hill Street.", filed.
  16. ppearance of Bryan F Bertram, Esq. for Town of Bourne, filed
  17. nswer of the Defendant Town of Bourne, filed.
  18. laintiff's Motion for Leave of Court to Amend Complaint, Pursuant to Mass.R.Civ.P. 15(a) to Amend Defendants, filed.
  19. econd Amended Complaint, filed.
  20. laintiff's Motion for Leave of Court to Amend Complaint, Pursuant to Mass.R.Civ.P. 15(a) to Amend Defendants ALLOWED. Email notice to: Attorney Ian C. Hedges and Attorney Bryan F. Bertram. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ian C Hedges, Esq. [email protected] Defendant: Bryan F Bertram, Esq. [email protected]
  21. econd Amended Complaint, filed.
  22. ummons returned to Court with service on Robert J. Vey Trustee of the Vey Family Realty Trust, Paul V. Cusick, Jr. Trustee of the Hillbourne Nominee Trust, Shirley J. Westman Trustee of the Shirley J. Westman Revocable Trust, Thomas H. Smith, Anne K. Smith, Maureen J. Branca, Linda Sayler Gudas Trustee of the Linda Sayler Gudas Revocable Trust - 1996, Michael M. Sayler Trustee of the Michael M. Sayler Trust - 2014, Keith Quenzel, Judith Quenzel, Stephen C. Vogt, Marilyn Vogt also known as Marilyn Judge-Vogt, Laura Dwyer Judge, Francis L. Gardner, Sheila Cavanaugh, Nancy Cavanaugh, Ronald J. Cavanaugh, Jr., Thomas F. Cavanaugh, Ronald J. Cavanaugh, Jr., Town of Bourne filed. As to Robert J. Vey Trustee - 05/16/2023: Service by leaving at the last and usual place of abode and by mailing 1st class; As to Paul V. Cusick, Jr., Trustee - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Shirley J. Westman, Trustee - 06/06/2023: Service by leaving at the last and usual place of abode and mailing1st class; As to Thomas H. Smith - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Anne K. Smith - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to William J. Branca - 05/22/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Maureen J. Branca - 05/22/2023: Service by leaving at the last and usual place of abode; As to Linda Sayler Gudas, Trustee - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Michael M. Sayler, Trustee - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Keith Quenzel - 05/19/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Judith Quenzel - 05/19/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Stephen C. Vogt - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Marilyn Vogt a/k/a Marilyn Judge-Vogt: 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Laura Dwyer Judge - 05/19/2023: Service by leaving at the last and usual place of abode; As to Francis L. Gardner - 06/02/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Sheila (Cavanaugh) Manditch - 06/05/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Nancy Cavanaugh - 05/17/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Ronald J. Cavanaugh, Jr. - 05/17/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Thomas F. Cavanaugh - 05/19/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Ronald J. Cavanaugh - 06/12/2023: Service in hand; As to Town of Bourne - 05/17/2023: Service by mailing certified mail to: Erica Flemming, Treasurer.
  23. ummons returned to Court with service on filed.
  24. laintiff's Motion to Waive Service of a Summons & Complaint, and Waive the Opportunity to File a Responsive Pleading for Defendants Ryan E. Mitchell and Edward Mitchell, filed.
  25. onsent to Entry of Judgment (by Defendant, Ryan E. Mitchell, Heir of the Estate of Susan Mitchell), filed.
  26. onsent to Entry of Judgment (by Defendant, Edward Mitchell, Heir of the Estate of Susan Mitchell), filed.
  27. efendants Ryan E. Mitchell and Edward Mitchell having appeared in this action by the filing of consents to the entry of judgment, Plaintiff's Motion To Waive Service Of A Summons & Complaint, And Waive The Opportunity To File A Responsive Pleading For Defendants Ryan E. Mitchell And Edward Mitchell is ALLOWED. Email notice to: Attorney Ian C. Hedges and Attorney Bryan F. Bertram. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ian C Hedges, Esq. [email protected] Defendant: Bryan F Bertram, Esq. [email protected]
  28. laintiff's Motion for Default Judgment Pursuant to 55(b), filed.
  29. ilitary Affidavit, filed.
  30. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Robert J. Vey Trustee of the Vey Family Realty Trust, Paul V. Cusick, Jr. Trustee of the Hillbourne Nominee Trust, Shirley J. Westman Trustee of the Shirley J. Westman Revocable Trust, Wendy I. Eglinton Trustee of the Shirley J. Westman Revocable Trust, Richard R. Navins Trustee of the Shirley J. Westman Revocable Trust, Thomas H. Smith, Anne K. Smith, William J. Branca, Maureen J. Branca, Linda Sayler Gudas Trustee of the Linda Sayler Gudas Revocable Trust - 1996, Michael M. Sayler Trustee of the Michael M. Sayler Trust - 2014, Keith Quenzel, Judith Quenzel, Stephen C. Vogt, Marilyn Vogt also known as Marilyn Judge-Vogt, Laura Dwyer Judge, Francis L. Gardner, Ronald J. Cavanaugh, Sheila Cavanaugh, Nancy Cavanaugh, Ronald J. Cavanaugh, Jr., Thomas F. Cavanaugh, Interest In Hill Street Any Person Claiming Any, filed.
  31. efendant Robert J. Vey Trustee of the Vey Family Realty Trust, Paul V. Cusick, Jr. Trustee of the Hillbourne Nominee Trust, Shirley J. Westman Trustee of the Shirley J. Westman Revocable Trust, Wendy I. Eglinton Trustee of the Shirley J. Westman Revocable Trust, Richard R. Navins Trustee of the Shirley J. Westman Revocable Trust, Thomas H. Smith, Anne K. Smith, William J. Branca, Maureen J. Branca, Linda Sayler Gudas Trustee of the Linda Sayler Gudas Revocable Trust - 1996, Michael M. Sayler Trustee of the Michael M. Sayler Trust - 2014, Keith Quenzel, Judith Quenzel, Stephen C. Vogt, Marilyn Vogt also known as Marilyn Judge-Vogt, Laura Dwyer Judge, Francis L. Gardner, Ronald J. Cavanaugh, Sheila Cavanaugh, Nancy Cavanaugh, Ronald J. Cavanaugh, Jr., Thomas F. Cavanaugh, Interest In Hill Street Any Person Claiming Any defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  32. he court is unable to Plaintiff's Motion For Default Judgment until (1) all claims against all parties are resolved (see Mass. R. Civ. P. 54(b)), (2) there is a fully completed military affidavit (see Mass. R. Civ. P. 55(b)(4)), and (3) it is shown by affidavit that no defaulting defendant is an infant or incompetent person (see Mass. R. Civ. P. 55(b)(2) and Reporter's Notes - 1973). Email notice to: Attorney Ian C. Hedges and Attorney Bryan F. Bertram. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ian C Hedges, Esq. [email protected] Defendant: Bryan F Bertram, Esq. [email protected]
  33. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 01/04/2024 Time: 10:30 AM Email notice to: Attorney Ian C. Hedges and Attorney Bryan F. Bertram.
  34. vent Resulted: Status Conference scheduled on: 01/04/2024 10:30 AM Has been: Held via video. Attorney Bryan Bertram for the defendant Town of Bourne. No appearance was made on behalf of the plaintiffs or any other defendants. Attorney Bertram reported that he has been working on an agreement for judgment with Attorney Vieira and that he is now awaiting approval by the selectboard. The court scheduled a further Status Conference for January 24, 2024 at 9:30 a.m. with the expectation that the date will not be necessary if the case is resolved. Email notice to: Attorney Bryan Bertram. Hon. Jennifer S.D. Roberts, Presiding
  35. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Vieira, Esq. [email protected] Plaintiff: Ian C Hedges, Esq. [email protected] Defendant: Bryan F Bertram, Esq. [email protected]
  36. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 01/24/2024 Time: 09:30 Email notice to: Attorney Ian Hedges; Attorney Daniel J. Vieira; and Attorney Bryan F. Bertram.
  37. ppearance of Daniel J Vieira, Esq. for Michael L. Immonen, Lynne W. Barton, filed
  38. ilitary Affidavit, filed.
  39. ffidavit of Lynne W. Barton Concerning Servicemembers Civil Relief Act and Mass.R. Civ.P. 55(b)(2), filed.
  40. greement for Judgment, filed.
  41. n view of the January 19, 2024 filing of a proposed agreement for judgment, the January 24, 2024 status conference is hereby VACATED. The court will review the agreement for judgment and previously filed motion for default judgment and issue a judgment in due course, assuming compliance of the same with the rules of civil procedure and the Land Court. Email notice to: Attorney Ian Hedges; Attorney Daniel J. Vieira; and Attorney Bryan F. Bertram. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel J Vieira, Esq. [email protected] Plaintiff: Ian C Hedges, Esq. [email protected] Defendant: Bryan F Bertram, Esq. [email protected]
  42. vent Resulted: Status Conference scheduled on: 01/24/2024 09:30 AM Has been: Canceled by docket entry dated January 22, 2024. Hon. Jennifer S.D. Roberts, Presiding

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