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Case Information
Filed
2023-03-24
Status
Closed
Type
Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket
24 entries
Disposition
judgment
Parties
Plaintiff
Zarozny, Wayne|Zarozny, Susan
Defendant
Kelly, Michael|Mc Govern, Thomas|Mc Govern, Marylou
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 439471 Date: 03/24/2023
- and Court surcharge Receipt: 439471 Date: 03/24/2023
- and Court summons Receipt: 439471 Date: 03/24/2023
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the A Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Ross Paul Seavey, Esq. [email protected] Sent On: 03/28/2023 12:54:15
- vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 04/27/2023 Time: 09:30 AM Email notice to: Attorney Ross P. Seavey.
- ummons returned to Court with service on Thomas McGovern, Marylou McGovern filed. As to Thomas McGovern - 04/05/2023: Service by leaving at the las and usual place of abode; As to Marylou McGovern - 04/05/2023: Service by leaving at the last and usual place of abode.
- vent Resulted: Case Management Conference scheduled on: 04/27/2023 09:30 AM Has been: Vacated pending service of all Defendants by June 22, 2023. Hon. Jennifer S.D. Roberts, Presiding
- ummons returned to Court with service on Michael Kelly filed. 04/04/2023: Service by leaving at the last and usual place of abode.
- vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 05/23/2023 Time: 10:00 AM Email notice to: Attorney Ross P. Seavey.
- efendants Answer to Complaint Filed March 28, 2023 and Counterclaim for Modification, filed.
- oint Case Management Conference Memorandum, filed by email.
- ertificate of Service (on Defendants: a copy of the Case Management Conference Notice and Order and the LAR information), filed by email.
- vent Resulted: Case Management Conference scheduled on: 05/23/2023 10:00 AM Has been: Held via video. Attorney Ross P. Seavey appeared for plaintiffs and defendants Michael Kelly and Tom McGovern appeared pro se. No appearance was made by or on behalf of defendant Marylou McGovern. After discussion, the court informed the defendants that, in order to challenge the location of the boundary at issue here, they would need to retain the services of a land surveyor. As another alternative, the defendants can accede to the location of the boundary as propounded by the plaintiffs, and instead contend that they have acquired title to the plaintiffs' property by adverse possession. As yet another alternative, the parties might reach an accord between themselves. The court scheduled a further Status Conference for June 28, 2023 at 10:00 a.m., to be held via videoconference, and suggested that the defendants and Attorney Seavey consult with each other prior to that date about non-litigation resolutions. Email notice to: Attorney Ross P. Seavey; Pro Se Defendants Michael Kelly and Tom McGovern. Hon. Jennifer S.D. Roberts, Presiding
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ross Paul Seavey, Esq. [email protected] Defendant: Michael Kelly [email protected] Defendant: Thomas McGovern [email protected] Defendant: Marylou McGovern [email protected]
- cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/28/2023 Time: 10:00 AM Email notice to: Attorney Ross P. Seavey; Pro Se Defendants Michael Kelly, Tom McGovern, and Marylou McGovern.
- laintiffs' Answer to Defendants' Counterclaim Filed May 15, 2023, filed
- vent Resulted: Status Conference scheduled on: 06/28/2023 10:00 AM Has been: Held via video. Attorney Ross P. Seavey appeared for plaintiffs and defendants Michael Kelly and Tom McGovern appeared pro se. No appearance was made by or on behalf of defendant Marylou McGovern. In response to the court's inquiry, Attorney Seavey reported that parties have had substantial settlement discussions and have an agreement on the essential details. Mr. Kelly agreed with this assessment, but noted that further details need to be reviewed because an updated settlement agreement was sent to the defendants yesterday. Accordingly, the court set a deadline of July 7, 2023 for the defendants to provide their comments on the updated settlement agreement, if any, to Attorney Seavey, with any response thereto from Attorney Seavey due by July 14, 2023. Assuming the parties are in agreement, Attorney Seavey is to file an agreement for judgment and a motion to approve the same with the court by July 21, 2023. If any disputes arise, Attorney Seavey should contact Clerk Hayes to schedule a status conference. Email notice to: Attorney Ross P. Seavey and Pro Se Defendants Michael Kelly and Tom McGovern. Hon. Jennifer S.D. Roberts, Presiding
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ross Paul Seavey, Esq. [email protected] Plaintiff: Ross Paul Seavey, Esq. [email protected] Defendant: Michael Kelly [email protected] Defendant: Thomas McGovern [email protected] Defendant: Marylou McGovern [email protected]
- Proposed] Final Judgment by Consent Pursuant to Rule 10 of the Rules of the Land Court (20025), filed.
- oint Motion for Entry of Final Judgment by Consent, filed.
- rder Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorney Ross Seavey, and Pro Se Respondents Michael Kelly, Thomas McGovern, and Marylou McGovern) Judge: Roberts, Hon. Jennifer S.D.
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