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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-17
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 72 entries
Disposition judgment

Parties

Plaintiff Goller, Leslie A.
Defendant Dumont, Jr., R. Craig|Dumont, Patricia A

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: 437528 Date: 01/17/2023
  4. and Court surcharge Receipt: 437528 Date: 01/17/2023
  5. and Court summons Receipt: 437528 Date: 01/17/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent.
  8. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 02/27/2023 Time: 10:00 AM
  9. ummons returned to Court with service on R. Craig Dumont, Jr. Individually and as trustee of The Dumont Family Holding Trust, Patricia A. Dument Individually and as trustee of The Dumont Family Holding Trust, Patricia A. Dument Individually and as trustee of The Dumont Family Holding Trust, R. Craig Dumont, Jr. Individually and as trustee of The Dumont Family Holding Trust filed.
  10. ssented to Motion to Extend Answer Deadline, filed.
  11. ppearance of Jennifer L DiCarlo, Esq., William E Heney, Esq. for R. Craig Dumont, Jr. Individually and as trustee of The Dumont Family Holding Trust, Patricia A. Dument Individually and as trustee of The Dumont Family Holding Trust, filed
  12. oint Case Management Conference Statement, filed.
  13. vent Resulted: Case Management Conference scheduled on: 02/27/2023 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  14. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  15. elephonic case management conference and initial intervention event held. The parties appeared through counsel. Plaintiff Leslie Goller claims certain structures of defendants the Dumonts are encroaching into her property. The Dumonts claim they own the disputed area by adverse possession. The parties agree on what area is in dispute. After hearing from the parties, the Court ORDERS the parties to complete all discovery, fact and expert, by June 23, 2023. The Court ORDERS the parties to appear by videoconference on July 24, 2023 at 10:00 AM for a pre-trial conference. A separate notice of pre-trial conference will issue. The Court further ORDERS the parties not to file any dispositive motions without leave of the Court. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 02/27/2023 13:38:26
  16. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 07/24/2023 Time: 10:00 AM
  17. nswer and Counterclaim, filed.
  18. he Court has reviewed the Dumonts' answer and counterclaim. The counterclaim does not name as a defendant Ms. Goller's mortgagee(s). The Court ORDERS the Dumonts to file by March 10, 2023, an amended answer and counterclaim that names all parties that have record interests in Ms. Goller's property. The Court further ORDERS the Dumonts, within four weeks of filing the amended counterclaims, to file returns of service on all such parties or a report on the status of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 02/27/2023 15:36:23
  19. nswer and First Amended Counterclaim, filed.
  20. ummons returned to Court with service on Institution for Savings in Newburyport and its Vicinity filed.
  21. nswer of Plaintiff/Defendant in Counterclaim to First Amended Counterclaim, filed.
  22. ummons returned to Court with service on Leslie A. Goller filed.
  23. he Court DIRECTS the Recorder to enter the default of defendant Institution for Savings for Newburyport and Vicinity in this action. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 04/06/2023 09:08:13
  24. efendant Institution for Savings in Newburyport and its Vicinity defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  25. oint Motion to Extend Discovery Deadline and Status, filed and ALLOWED (Vhay, J). Notice of Docket Entry sent to counsel of record by email.
  26. vent Resulted: Pre-Trial Conference scheduled on: 07/24/2023 10:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  27. oint Motion to Extend Discovery and Continue the Pretrial Conference, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  28. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 11/16/2023 Time: 10:00 AM
  29. otion of Defendants/Plaintiffs - in- Counterclaims to Extend Discovery and Continue the Pretrial Conference, filed.
  30. he Court has received the Dumonts' Motion to Extend Discovery Deadline and Continue the Pretrial Conference. The Court ORDERS Ms. Goller to file by October 20, 2023, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 10/13/2023 09:48:09
  31. laintiff's Motion in Opposition to the Defendants/Plaintiff's in the Counterclaim to Extend Discovery and Continue the Pre-Trial Conference, filed.
  32. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 10/31/2023 Time: 09:00 AM
  33. ur-Reply of Defendants/Plaintiff-in- Counterclaims to Plaintiff's Opposition to Motion to Extend Discovery and Continue the Pretrial Conference, filed.
  34. vent Resulted: Hearing scheduled on: 10/31/2023 09:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  35. elephonic hearing on the Dumonts' motion to extend the deadline to respond to Ms. Goller's amended complaint and to extend the discovery deadline held. Ms. Goller and the Dumonts appeared through counsel. After hearing from the parties, the Court DENIES as premature the motion to extend the deadline for the Dumonts' answer to Ms. Goller's amended complaint, as Ms. Goller hasn't filed an amended complaint (and at this point would have to seek leave to amend). The Court GRANTS IN PART the Dumonts' motion to extend the discovery deadline. The Court ORDERS the parties to complete Ms. Goller's deposition on November 20, 2023. The Court GRANTS the Dumonts leave to depose Ms. Goller's surveyor by December 1, 2023. The Court CONTINUES the pretrial conference to December 20, 2023, at 10:00 AM, by videoconference. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 10/31/2023 10:46:20
  36. vent Resulted: Pre-Trial Conference scheduled on: 11/16/2023 10:00 AM Has been: Continued Hon. Michael D. Vhay, Presiding
  37. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 12/20/2023 Time: 10:00 AM
  38. laintiff's Motion to Amend Complaint, filed.
  39. he Court has received Ms. Goller's Motion to Amend Complaint. The Court ORDERS the Dumonts to file by November 8, 2023, any opposition to the motion. Should the Dumonts oppose the motion, the Court ORDERS the parties to appear by telephone on November 15, 2023, at 9:00 AM, for a hearing on the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 11/01/2023 13:35:06
  40. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 11/15/2023 Time: 09:00 AM
  41. ssent to Plaintiff/Defendants in Counterclaim Motion to Amend Complaint, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  42. vent Resulted: Hearing scheduled on: 11/15/2023 09:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  43. nswer to Amended Complaint and Second Amended Counterclaim, filed.
  44. nswer of Plaintiff/Defendant in Counterclaim to Second Amended Counterclaim, filed.
  45. oint Pre-Trial Memorandum, filed.
  46. vent Resulted: Pre-Trial Conference scheduled on: 12/20/2023 10:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  47. re-trial videoconference held. All parties appeared through counsel. After hearing from the parties, the Court ORDERS them to appear by telephone on February 21, 2024 for a final pre-trial conference. A separate conference notice will issue. The Court further ORDERS the parties to hold open the entire week of March 4-8, 2024 for trial. An order in advance of trial will issue separately after the Court confirms the availability of a courtroom in either Salem or Lawrence for the first day of trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 12/20/2023 12:09:45
  48. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 02/21/2024 Time: 10:00 AM
  49. cheduled Judge: Vhay, Hon. Michael D. Event: View Date: 03/04/2024 Time: 08:30 AM
  50. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 03/04/2024 Time: 09:30 AM
  51. rder in Advance of Trial, issued. (Copies emailed to Attorneys Russell Goldberg, William Heney, and Jennifer DiCarlo) Judge: Vhay, Hon. Michael D.
  52. cheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 03/05/2024 Time: 09:30 AM
  53. cheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 03/06/2024 Time: 09:30 AM
  54. cheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 03/07/2024 Time: 09:30 AM
  55. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 03/08/2024 Time: 09:30 AM
  56. he Court MODIFIES, from September 29, 2023, to February 2, 2024, the deadline in the Order in Advance of Trial for the parties to inform other parties they will not call certain witnesses. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 01/05/2024 15:20:55
  57. ithdrawal of Jennifer L DiCarlo, Esq. for R. Craig Dumont, Jr. Individually and as trustee of The Dumont Family Holding Trust, Patricia A. Dument Individually and as trustee of The Dumont Family Holding Trust, filed
  58. oint Motion to Extend the Trial Order Submission for One Week (February 21, 2024), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  59. vent Resulted: Telephone Conference Call scheduled on: 02/21/2024 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  60. elephonic final pre-trial conference held. Ms. Goller and the Dumonts appeared through counsel. The parties reported that they have reached an agreement for judgment. The Court thus CANCELS the March trial of this matter. A separate nisi order will issue; with the parties' agreement, its return date will be March 22, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Sent On: 02/21/2024 10:41:25
  61. Day Nisi Order issued. Returnable 03/22/2024. Judge: Vhay, Hon. Michael D.
  62. vent Resulted: View scheduled on: 03/04/2024 08:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  63. vent Resulted: Trial scheduled on: 03/04/2024 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  64. vent Resulted: Ongoing Trial scheduled on: 03/05/2024 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  65. vent Resulted: Ongoing Trial scheduled on: 03/06/2024 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  66. vent Resulted: Ongoing Trial scheduled on: 03/07/2024 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  67. vent Resulted: Trial scheduled on: 03/08/2024 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  68. greement for Judgment, filed.
  69. he Court has reviewed Ms. Goller and the Dumonts' Agreement for Judgment. Counterclaim-defendant Institution for Savings in Newburyport, which the Court defaulted on April 6, 2023, isn't a party to the Agreement. The Court thus ORDERS the Dumonts to file by March 13, 2023, either a stipulation of dismissal of its counterclaims against the Institution or a suitably supported motion for entry of default judgment against the Institution. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Sent On: 03/06/2024 08:04:09
  70. mail Report from the Defendants, filed.
  71. tipulation of Dismissal Pursuant to Mass.R.Civ.P. 41(c), filed.
  72. rder Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorneys William Heney and Russell Goldberg) Judge: Vhay, Hon. Michael D.

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