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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-13
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 45 entries

Parties

Plaintiff Maina, Anthony|Mwangi, Lucy
Defendant Corbette, Timothy|Corbette, Thea

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: 439021 Date: 03/13/2023
  4. and Court surcharge Receipt: 439021 Date: 03/13/2023
  5. and Court summons Receipt: 439021 Date: 03/13/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Sent On: 03/21/2023 08:22:37
  8. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 04/19/2023 Time: 09:30 AM
  9. efendant's Answer, Affirmation Defenses and Counterclaims, filed.
  10. laintiffs Answer to Counterclaims, filed.
  11. oint Status Conference Memorandum , filed.
  12. ummons returned to Court with service on Timothy Corbette, Thea Corbette filed.
  13. laintiff's Motion for a Preliminary Injunction, filed.
  14. laintiff's Memorandum of Law in Support of Their Motion for a Preliminary Injunction, filed.
  15. ffidavit of Anthony Maina, filed.
  16. laintiff's Statement of Undisputed Facts, filed.
  17. laintiff's Verified Complaint, filed
  18. vent Resulted: Case Management Conference scheduled on: 04/19/2023 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 19, 2023. Case management conference held by Zoom. Attorneys Ira Grolman and George Kiritsy appeared. This case concerns a claim of trespass due to underground utilities. The Plaintiffs contend that there is no express or prescriptive easement and are seeking ejectment. The Defendants contend that there is an easement by implication. Parties are open to discussing settlement. Court to refer parties to mediation with Attorney Barbara Macy and will also provide a list of ADR providers to the parties. The Plaintiffs have filed a motion for preliminary injunction. Opposition to motion for preliminary injunction is due on May 8, 2023. Hearing on motion for preliminary injunction is set down for May 11, 2023 at 10:30 AM by Zoom. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  19. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Sent On: 04/20/2023 10:03:09
  20. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Foster, Hon. Robert B. Event: Hearing on Preliminary Injunction Date: 05/11/2023 Time: 10:30 AM
  21. pposition to Plaintiff's Motion for Injunctive Relief" , filed.
  22. vent Resulted: Hearing on Preliminary Injunction scheduled on: 05/11/2023 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 11, 2023. Hearing held by Zoom. Attorneys Ira Grolman and George Kiritsy appeared. Motion for preliminary injunction heard. The court took the motion under advisement. Parties remain open to considering mediation. Parties to consider whether they could reach an agreement on relocating the utility lines at issue. Discovery OPEN. Discovery to close on July 14, 2023. Status conference set down for July 18, 2023 at 9:15 AM by Zoom. Attorney Kiritsy to submit a check for $90.00 to the court which will be deposited only if the preliminary injunction is issued. (Notice of docket entry sent via masscourts & email to all parties / counsel of record)
  23. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Sent On: 05/12/2023 11:35:26
  24. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/18/2023 Time: 09:15 AM
  25. ppearance of Robert M Mendillo, Esq. for Timothy Corbette, Thea Corbette, filed
  26. efendants' Post-Hearing Memorandum. , filed.
  27. laintiffs Sur-Reply to Defendant's Post-Hearing Memorandum, filed.
  28. ost of Issuance of TRO/PI Receipt: 441237 Date: 05/23/2023
  29. reliminary Injunction, issued. (Copies emailed to Attorneys Robert Mendillo, George Kiritsy, and Ira Grolman) Judge: Foster, Hon. Robert B.
  30. eport to the Court Concerning Alternate Connection Points for Water Access, filed.
  31. vent Resulted: Status Conference scheduled on: 07/18/2023 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 18, 2023. Status conference held by Zoom. Attorneys Ira Grolman and George Kiritsy appeared. Attorney Grolman to submit a status report listing the cost and schedule for a well and the cost and schedule for connecting to the water line by August 1, 2023. Parties to confer about counterclaims and discovery on counterclaims. Status conference set down for August 2, 2023 at 9:00 AM by Zoom.
  32. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/02/2023 Time: 09:00 AM
  33. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Robert M Mendillo, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Robert M Mendillo, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Sent On: 07/18/2023 10:54:10 Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Robert M Mendillo, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Robert M Mendillo, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Sent On: 07/18/2023 10:54:23
  34. otice of Appearance for Attorney John F. Willis for Anthony Maine and Lucy Mwangi , filed.
  35. eport to the court Concerning Cost and Installation Time of Alternative Methods of Connecting the Corbette Home to a Water Source, filed.
  36. eport to The Court Concerning Time Necessary to Disconnect Extant Water Lines, filed.
  37. laintiff's Request for Amended Preliminary Injunction Order filed.
  38. vent Resulted: Status Conference scheduled on: 08/02/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 2, 2023. Status conference held by Zoom. Attorneys Ira Grolman, Robert Mendillo, John Willis, and George Kiritsy appeared. Plaintiff requests a date certain for disconnection of the existing water service line to the Corbette property, to allow them to commence construction. Parties to file proposed orders with schedule for disconnection of the existing water service line to the Corbette property by August 9, 2023. Discovery OPEN. Discovery to close on January 5, 2024. Parties shall consider whether a Land Court Rule 14 summary bench trial is appropriate. Status conference set down for January 10, 2024 at 9:00 AM by Zoom.
  39. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Plaintiff: John Fitzgerald Willis, Esq. [email protected] Defendant: Robert M Mendillo, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Plaintiff: John Fitzgerald Willis, Esq. [email protected] Plaintiff: George P Kiritsy, Esq. [email protected] Defendant: Robert M Mendillo, Esq. [email protected] Defendant: Ira H Grolman, Esq. [email protected] Sent On: 08/04/2023 09:49:52
  40. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 01/10/2024 Time: 09:00 AM
  41. roposed Order Concerning Time to Disconnect Extant Water Line, filed.
  42. otion for a Preliminary Injunction, filed.
  43. rder Concerning Time to Disconnect Extant Water Line, issued. (Copies emailed to Attorneys Robert Mendillo, Ira Grolman, John Willis, and George Kiritsy) Judge: Foster, Hon. Robert B.
  44. tipulation of Dismissal, filed.
  45. tipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)

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