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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-20
Status Open
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 54 entries

Parties

Plaintiff Thomas H. King, Jr., Trustee Of Thomas H. King, Jr. Trust
Defendant Gregory, Charles J.|Gregory, Anne|Rizzo, Nicholas|Rizzo, Kiley

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: 439267 Date: 03/20/2023
  4. and Court surcharge Receipt: 439267 Date: 03/20/2023
  5. and Court summons Receipt: 439267 Date: 03/20/2023
  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: Charles S Kelly, Esq. [email protected] Defendant: Charles J. Gregory No addresses available Defendant: Anne Gregory No addresses available Defendant: Nicholas Rizzo No addresses available Defendant: Kiley Rizzo No addresses available Sent On: 04/14/2023 11:04:26
  8. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 05/08/2023 Time: 10:45 AM
  9. ppearance of Joseph P Messina, Esq., Ann Marie Sobolewski, Esq., Nicole J Cocozza, Esq. for Charles J. Gregory, Anne Gregory, Nicholas Rizzo, Kiley Rizzo, filed
  10. ssented-to Motion of Defendants to Continue Case Management Conference, filed.
  11. ummons returned to Court with service on Nicholas Rizzo filed. Delivered in hand on April 14, 2023.
  12. ummons returned to Court with service on Kiley Rizzo filed. Left at last and usual place of abode on April 14, 2023.
  13. ummons returned to Court with service on Anne Gregory filed. Left at last and usual place of abode on April 14, 2023.
  14. ummons returned to Court with service on Charles J. Gregory filed. Left at last and usual place of abode on April 14, 2023.
  15. ssented-to Motion of Defendants to Continue Case Management Conference, ALLOWED (Smith, J.).
  16. vent Resulted: Case Management Conference scheduled on: 05/08/2023 10:45 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  17. nswer of Charles J. Gregory, Anne Gregory, Nicholas Rizzo, Kiley Rizzo filed.
  18. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 05/25/2023 Time: 10:00 AM
  19. vent Resulted: Case Management Conference scheduled on: 05/25/2023 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding May 25, 2023. Case management conference held via videoconference. Early intervention event held. Attorney Charles Kelly appeared for the plaintiff. Attorneys Joseph Messina, Ann Marie Sobolewski, and Nicole Cocozza appeared for the defendants. This is a case of adverse possession regarding a disputed parcel of land in Duxbury, Massachusetts. The court adopted the parties' proposed discovery schedule, with expert reports served by no later than September 5, 2024, and the completion of all discovery by no later than October 3, 2024. The court also ordered the parties to attend a mediation screening within 30 days, no later than June 26, 2023. Following the mediation screening, the parties are to file a joint status report no later than July 3, 2023, reporting either that the parties do not intend to pursue mediation or a proposed date for mediation. (Smith, J.). (Notice of docket entry sent via email to all parties / counsel of record)
  20. arties Joint Statement, filed.
  21. DR referral to REBA Dispute Resolution, Inc. issued.
  22. tipulation of Additional Time For Parties to Attend a Mediation Screening and File Joint Status Report, filed.
  23. une 27, 2023. Stipulation of Additional Time For Parties to Attend a Mediation Screening and File Joint Status Report, ALLOWED. The proposed dates are adopted. (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Charles S Kelly, Esq. [email protected] Defendant: Joseph P Messina, Esq. [email protected] Defendant: Ann Marie Sobolewski, Esq. [email protected] Defendant: Nicole J Cocozza, Esq. [email protected] Sent On: 06/28/2023 12:19:19
  24. DR Report of REBA: Parties attended the mandatory screening and the Plaintiff declined to mediate.
  25. oint Status Report on Mediation Screening, filed.
  26. oint Motion to Extend Tracking Order Deadlines, filed.
  27. oint Motion to Extend Tracking Order Deadlines, ALLOWED (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Charles S Kelly, Esq. [email protected] Defendant: Joseph P Messina, Esq. [email protected] Defendant: Ann Marie Sobolewski, Esq. [email protected] Defendant: Nicole J Cocozza, Esq. [email protected] Sent On: 07/12/2024 14:36:50
  28. ppearance of Sarah Doelger, Esq. for Charles J. Gregory, Anne Gregory, Nicholas Rizzo, Kiley Rizzo, filed
  29. ssented to Motion of to Extend Tracking Order Deadlines, filed.
  30. eptember 19, 2024. Assented to Motion of to Extend Tracking Order Deadlines ALLOWED. Discovery deadline is extended to October 31, 2024. Dispositive motions to be filed and served by December 31, 2024. Responses to dispositive motions to be filed and served by January 30, 2025. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Charles S Kelly, Esq. [email protected] Defendant: Joseph P Messina, Esq. [email protected] Defendant: Ann Marie Sobolewski, Esq. [email protected] Defendant: Nicole J Cocozza, Esq. [email protected] Defendant: Sarah Doelger, Esq. [email protected] Sent On: 09/20/2024 15:10:47
  31. ssented to Motion to Extend Tracking Order Deadlines, filed.
  32. ovember 1, 2024. Assented to Motion to Extend Tracking Order Deadlines ALLOWED. Discovery deadline extended to December 30, 2024; deadline for dispositive motions (filed and served) extended to March 3, 2025; deadline for responses to dispositive motions (filed and served) deadline extended to March 31, 2025. The court will hold a status conference on January 15, 2025 at 9:00 AM via videoconference. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Charles S Kelly, Esq. [email protected] Defendant: Joseph P Messina, Esq. [email protected] Defendant: Ann Marie Sobolewski, Esq. [email protected] Defendant: Nicole J Cocozza, Esq. [email protected] Defendant: Sarah Doelger, Esq. [email protected] Sent On: 11/01/2024 14:11:22
  33. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 01/15/2025 Time: 09:00 AM
  34. ssented to Motion to Extend Tracking Order Deadlines, filed.
  35. ecember 27, 2024. Assented to Motion to Extend Tracking Order Deadlines ALLOWED. The status conference presently scheduled for January 15, 2025 will be continued. Discovery to conclude by January 29, 2025; the court will not grant any further extensions of the discovery period. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Charles S Kelly, Esq. [email protected] Defendant: Joseph P Messina, Esq. [email protected] Defendant: Ann Marie Sobolewski, Esq. [email protected] Defendant: Nicole J Cocozza, Esq. [email protected] Defendant: Sarah Doelger, Esq. [email protected] Sent On: 12/27/2024 12:20:02
  36. vent Resulted: Status Conference scheduled on: 01/15/2025 09:00 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Kevin T. Smith, Presiding
  37. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 02/10/2025 Time: 09:00 AM
  38. vent Resulted: Status Conference scheduled on: 02/10/2025 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding February 10, 2025. Status Conference held via videoconference. Attorneys Joseph Messina, Ann Marie Sobolewski, and Sarah Doelger appeared on behalf of the Defendants. No one appeared on behalf of the Plaintiff. This is an action for adverse possession affecting property located at 0 Franklin Street in Duxbury. Counsel for the Defendants informed the court that discovery has been completed. The parties attended a mediation screening but have not attempted mediation since then. The court scheduled trial to commence on Monday, September 15, 2025, at 9:30 AM which is to be held live at the Land Court over two days. The court scheduled the pre-trial conference for Wednesday, September 3, 2025, at 9:00 AM via videoconference. At the pre-trial conference, the court will schedule a view of the property. The parties are to submit a joint pre-trial memorandum by Friday, August 15, 2025. In the pre-trial memorandum, the parties are to indicate whether they have agreed to submit the case to the court under Land Court Rule 14. (Smith, J.).
  39. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Charles S Kelly, Esq. [email protected] Defendant: Joseph P Messina, Esq. [email protected] Defendant: Ann Marie Sobolewski, Esq. [email protected] Defendant: Nicole J Cocozza, Esq. [email protected] Defendant: Sarah Doelger, Esq. [email protected] Sent On: 02/11/2025 14:20:09
  40. cheduled Judge: Smith, Hon. Kevin T. Event: Pre-Trial Conference Date: 09/03/2025 Time: 09:00 AM
  41. ddendum to the Pre-Trial Conference Notice and Order, sent via email to: Plaintiff: Charles S Kelly, Esq. [email protected] Defendant: Joseph P Messina, Esq. [email protected] Defendant: Ann Marie Sobolewski, Esq. [email protected] Defendant: Nicole J Cocozza, Esq. [email protected] Defendant: Sarah Doelger, Esq. [email protected] Sent On: 02/11/2025
  42. cheduled Judge: Smith, Hon. Kevin T. Event: Trial Date: 09/15/2025 Time: 09:30 AM
  43. cheduled Judge: Smith, Hon. Kevin T. Event: Ongoing Trial Date: 09/16/2025 Time: 09:30 AM
  44. otice of Suspension to Court, Agency, or Tribunal, filed.
  45. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 05/14/2025 Time: 10:15 AM To be held: via videoconference
  46. ppearance of Christopher Kevin Sweeney, Esq., Ryan O Forgione, Esq. for Thomas H. King, Jr., Trustee of Thomas H. King, Jr. Trust, filed
  47. vent Resulted: Status Conference scheduled on: 05/14/2025 10:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding May 14, 2025. Status Conference held via videoconference. Attorney Christopher Sweeney appeared on behalf of the Plaintiff, Thomas King. Attorneys Joseph Messina and Sarah Doelger appeared on behalf of the Defendants. This is an action for adverse possession of property located at 0 Franklin Street in Duxbury. The court scheduled this status conference because Attorney Charles Kelly, former counsel for the Plaintiffs, filed a Notice of Suspension with the court. Trial is scheduled to begin on Monday, September 15, 2025, and is expected to last two days. Attorney Sweeney reported that he is reviewing the case and settlement correspondence. Attorney Messina requested that discovery not be reopened and that the parties be bound to previous agreements concerning the witnesses to be called for trial. Attorney Sweeney informed the court and counsel that he was unaware of any such agreements and requested the right to identify other witnesses. Following colloquy, the court ORDERED that Attorney Messina share with Attorney Sweeney any agreements he reached with prior counsel concerning discovery and/or witnesses. The court further ORDERED that Attorney Sweeney inform the court by written motion by Monday, June 2, 2025, if he wishes to have the right to call witnesses that go beyond those that are subject to the agreement reached by Attorney Messina and Attorney Sweeney's predecessor counsel to the Plaintiff. (Smith, J.).
  48. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Kevin Sweeney, Esq. [email protected] Plaintiff: Ryan O Forgione, Esq. [email protected] Defendant: Joseph P Messina, Esq. [email protected] Defendant: Ann Marie Sobolewski, Esq. [email protected] Defendant: Nicole J Cocozza, Esq. [email protected] Defendant: Sarah Doelger, Esq. [email protected] Sent On: 05/19/2025 11:48:25
  49. laintiff's Motion to Reopen Discovery, filed.
  50. otion to Permit Plaintiff to Call Additional Witnesses, filed.
  51. cheduled Judge: Smith, Hon. Kevin T. Event: Motion to Permit Plaintiff to Call Additional Witnesses & Plaintiff's Motion to Reopen Discovery Date: 06/11/2025 Time: 09:30 AM To be held: via video conference
  52. efendants' Opposition to Plaintiff's Motion to Reopen Discovery, filed.
  53. efendants' Opposition to Plaintiff's Motion to Permit Plaintiff to Call Additional Witnesses, filed.
  54. vent Resulted: Motion scheduled on: 06/11/2025 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 11, 2025. Motion Hearing held via videoconference. Attorney Christopher Sweeney appeared on behalf of the Plaintiff, Thomas King. Attorneys Sarah Doelger and Joseph Messina appeared on behalf of the Defendants. This is an action for adverse possession of property located at 0 Franklin Street in Duxbury. Before the court is the Plaintiff's Motion to Reopen Discovery; Plaintiff's Motion to Permit Plaintiff to Call Additional Witnesses; Defendants' Opposition to Plaintiff's Motion to Reopen Discovery; and Defendants' Opposition to Plaintiff's Motion to Permit Plaintiff to Call Additional Witnesses. Attorney Sweeney requested leave for the limited purpose of serving interrogatories and a request for production of documents on the Defendants, and taking the deposition of Charles J. Gregory. The Defendants opposed the motion. Following colloquy, the court ALLOWED the Plaintiff's Motion. The court also ALLOWED the Plaintiff's Motion to Permit Additional Witnesses. Specifically, the Plaintiff may add his son (name not provided) to the list of possible witnesses but must make that witness available for deposition by the Defendants. The dates set for the pretrial conference and trial are unchanged by these rulings. (Smith, J.).

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