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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-19
Status Closed
Type Mfe Determine Boundaries Of Flats, G.l. Chapter 240, 19
Docket 109 entries
Disposition judgment

Parties

Plaintiff Mimms, Pamala
Defendant Narayana, Koduvayur|Narayana, Rahda

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: 437588 Date: 01/19/2023
  4. and Court surcharge Receipt: 437588 Date: 01/19/2023
  5. and Court summons Receipt: 437588 Date: 01/19/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. laintiff's Motion for a Short Order of Notice, filed.
  8. otion for Approval of Memorandum of Lis Pendens, filed.
  9. emorandum of Lis Pendens, filed.
  10. he Court has reviewed Ms. Mimms's Verified Complaint, her Motion for a Short Order of Notice, and her Motion for Approval of Memorandum of Lis Pendens (the "Approval Motion"). The Court DENIES the Motion for a Short Order of Notice. The Court will not grant the Approval Motion ex parte, as neither of Mimms's motions (nor the Verified Complaint) asserts any exigency that would support ex parte approval. See G.L. c. 184, sec. 15(b). The Court also won't schedule a hearing on short notice, as the only grounds for that is counsel's claim that his January is "very scheduled." The Court ORDERS the parties to appear by videoconference on February 6, 2023, at 2:30 PM for (a) a hearing on the Approval Motion and (b) a case-management conference. A separate conference notice will issue. The Court ORDERS Mimms to serve promptly on each of the defendants a summons, her complaint, her Approval Motion, this order, and the case-management conference notice, and to file a return of such service by February 3, 2023. The Court ORDERS defendants to file by February 3, 2023 any opposition to the Approval Motion. The Court ORDERS the parties, until further notice, to file all materials with the Court by e-mail sent to the Sessions Clerk, with service on the opposing party also by e-mail. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Sent On: 01/19/2023 14:46:38
  11. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 02/06/2023 Time: 02:30 PM
  12. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 02/06/2023 Time: 02:30 PM
  13. laintiffs' Motion for a Special Process Server, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  14. arayanas' email Motion to Reschedule the Case Management Conference, filed.
  15. he Court has received the Narayanas' Motion to Continue Case Management Conference. The Court ORDERS Ms. Mimms to file by January 31, 2023, any objection to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 01/24/2023 14:34:12
  16. laintiff's Limited Opposition to Defendants' Motion to Continue Hearing, filed.
  17. he Court has reviewed the Narayanas' motion to continue the case management conference and hearing on Ms. Mimms's motion for endorsement of a memorandum of lis pendens. The Court also has reviewed Mimms' limited opposition to the Narayanas' motion. The Court GRANTS the Narayanas' motion and CONTINUES the conference and hearing to March 6, 2023, at 11:00 AM, by videoconference. A separate notice of videoconference will issue. The Court ORDERS the parties to file their case-management conference memorandum no later than March 1, 2023. Pursuant to chapter 184, section 15(b) of the General Laws, the Court ORDERS the Narayanas, their agents, servants, attorneys, employees, and anyone acting in concert with any of the foregoing, through the conclusion of the March 6, 2023, conference and hearing, not to sell, convey, mortgage, or otherwise encumber what Mimms's Verified Complaint calls "Parcel 34" on Prospect Street in Ashland, Massachusetts, as more particularly described in a deed recorded at the Middlesex South Registry of Deeds in Book 52016, Page 296. Violation of this order is punishable as a contempt of court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 01/25/2023 15:34:45
  18. vent Resulted: Hearing scheduled on: 02/06/2023 02:30 PM Has been: Continued For the following reason: Request of Defendant(s) Hon. Michael D. Vhay, Presiding
  19. vent Resulted: Case Management Conference scheduled on: 02/06/2023 02:30 PM Has been: Continued For the following reason: Request of Defendant(s) Hon. Michael D. Vhay, Presiding
  20. ummons and Hearing Notice issued on Application for Lis Pendens. Judge: Vhay, Hon. Michael D. Event: Hearing on Lis Pendens Date: 03/06/2023 Time: 11:00 AM
  21. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 03/06/2023 Time: 11:00 AM
  22. efendant's Motion to Dismiss and Counterclaim, filed.
  23. he Court has received the Narayanas' Motion to Dismiss. The Court will set a schedule for Ms. Mimms's opposition to the motion at the upcoming March 6, 2023, hearing and case-management conference. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 03/01/2023 09:05:54
  24. nitial Case Management Conference Plaintiff's Statment, filed.
  25. efendant's Response to Plaintiff's Verified Complaint, filed.
  26. ndependent Initial Case Management Conference Defendant's Statement, filed.
  27. vent Resulted: Case Management Conference scheduled on: 03/06/2023 11:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  28. vent Resulted: Hearing on Lis Pendens scheduled on: 03/06/2023 11:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  29. laintiff's Opposition to Defendants' Motion to Dismiss, filed.
  30. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  31. ase management conference, initial intervention event, and hearing on plaintiff Pamala Mimms's motion for endorsement of a memorandum of lis pendens held by videoconference. Ms. Mimms appeared through counsel. Defendants, the Narayanas, appeared representing themselves. Ms. Mimms, who owns 20 Raymond Way in Ashland, claims she has acquired by adverse possession a portion (known as "Parcel 2") of "Parcel 34," owned by the Narayanas. The Narayanas deny Ms. Mimms's claims and have moved to dismiss them. After hearing arguments from the parties, the Court GRANTS Ms. Mimms' motion for endorsement of a memorandum of lis pendens, without prejudice to the Narayanas' pending motion to dismiss. The Court further ORDERS Ms. Mimms to submit a further proposed memorandum of lis pendens for judicial endorsement, specifically identifying that the memorandum affects only "Parcel 2" and no other part of Parcel 34. The Court ORDERS the parties to appear on March 14, 2023 at 10 AM for a hearing on the Narayanas' motion to dismiss. The Court also ORDERS the parties to submit by March 10, 2023 a joint report stating that the parties either: (1) have agreed to mediate the dispute and request that the Court refer the case to Land Court mediator Barbara Macy; (2) have agreed to settle or are requesting additional time to discuss settlement; or (3) believe settlement is unlikely at this time. The parties also may ask in their upcoming report that the Court to postpone the March 10 hearing. 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: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 03/06/2023 14:31:13
  32. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 03/14/2023 Time: 10:00 AM
  33. ndorsed Memorandum of Lis Pendens, Issued.
  34. laintiff's Motion for Leave to File a Settlement Readiness Report Individually, filed.
  35. efendant's Motion for Continuance of the Scheduled Hearing of March 14, 2023, filed.
  36. he Court has received two motions. One from the Narayanas requests postponement of a hearing on their motion to dismiss and appointment of a mediator. The other is from Ms. Mimms, seeking relief from the Court's order that the parties file a joint report on the status of their settlement discussions. The Court DENIES the Narayanas' motion. Any request for appointment of a mediator must come from both the Narayanas and Ms. Mimms. The Court ADVISES the Narayanas that they must contribute to the filing of a joint report, due today, even if that report states that the parties disagree over the appropriate next steps in this case. The Court DENIES Ms. Mimms' motion, without prejudice to her refilling it should the Narayanas not participate in the filing today of a joint report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 03/10/2023 08:33:05
  37. laintiff's Renewed Motion for Leave to File a Settlement Readiness Report Individually, filed.
  38. he Court GRANTS Ms. Mimms' motion to file an individual settlement report, and ACCEPTS the memorandum for filing. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 03/10/2023 16:24:58
  39. ettlement Conference Memorandum, filed.
  40. efendant's Motion for Leave to File a Settlement Readiness Report Individually, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel and Pro Se by email.
  41. ettlement Conference Memorandum, filed.
  42. vent Resulted: Hearing scheduled on: 03/14/2023 10:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  43. earing held by videoconference on the Narayanas' motion to dismiss. Plaintiff Pamala Mimms appeared through counsel. The Narayanas appeared representing themselves. After hearing arguments from the parties, the Court GRANTS the Narayanas' motion to dismiss Ms. Mimms's claim for adverse possession, for the reasons stated on the record. The Court ORDERS Ms. Mimms to report by March 24, 2023, what she believes are the appropriate next steps in this case, including further proceedings on the Narayanas' counterclaims. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 03/14/2023 10:50:00 Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana 17 Half Crown Circle, Ashland, MA 01721 Defendant: Rahda Narayana 17 Half Crown Circle, Ashland, MA 01721 Sent On: 03/14/2023 11:39:00
  44. amela Mimms Status Report, filed.
  45. he Court has reviewed Ms. Mimms's status report. The Court ORDERS the Narayanas, until this case is resolved, to communicate only with Ms. Mimms's attorney, and not with Mimms directly. The Court further ORDERS the Narayanas to submit by March 31, 2023, their thoughts on what proceedings (if any) are needed for the Court to decide their counterclaim for trespass. Notwithstanding that deadline, the Court encourages the Narayanas and Ms. Mimms's counsel to discuss settling this case. Should the parties file a joint motion to stay this case pending settlement discussions, the Court likely will grant that motion for whatever reasonable period the parties request. The Court ORDERS the parties not to disclose to the Court their or their opponent's settlement positions; the Court will disregard those portions of Ms. Mimm's status report that constitute, in effect, a settlement offer. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 03/24/2023 13:24:59
  46. esponse to Pamala Mimms Status Report (with Exhibits), filed.
  47. ffidavit of Jonas Jacobson, Amending Status Report Exhibit, filed.
  48. he Court has reviewed Ms. Mimms's status report (as amended) and the Narayanas' response. Since the parties disagree over what should happen next in this case, the Court ORDERS the parties to complete all discovery on the Narayanas' counterclaims (including all discovery relating to experts, if any) by June 30, 2023. The Court further ORDERS the parties to appear for a pretrial videoconference on July 24, 2023, at 11:00 AM. A separate notice of pretrial videoconference will issue. IMPORTANT NOTE: On page 3 of the notice of pretrial conference, the notice states that it is the "Plaintiff's" responsibility to generate the first draft of a proposed joint pretrial conference memorandum. Since only the Narayanas' claims remain in this case, the Court ORDERS the Narayanas to prepare and submit to Ms. Mimms's attorney, in accordance with the pretrial conference notice, the first draft of a proposed joint pretrial conference memorandum. (The Narayanas also will have the burden at trial of proving their damages and other claims.) The Court also OFFERS the parties the services of the Court's mediator should all parties agree that mediation would be useful in resolving their current differences. In order to receive Court-sponsored mediation services, the parties together must file a single motion together requesting mediation. The Court will not accept separate motions seeking referral to the Court's mediator. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 04/03/2023 15:13:16
  49. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 07/24/2023 Time: 11:00 AM
  50. efendant's Request for Clarification, filed.
  51. he Court has reviewed the Narayanas' Request for Clarification. The Court's dismissal of Ms. Mimms's claims does not automatically cause the lis pendens memorandum on the Narayanas' property to dissolve. The Narayanas either have to convince Mimms to remove it or file a motion with the Court seeking dissolution. See also General Laws chapter 184, section 16, regarding removal of lis-pendens memorandums. The Court's rulings in this case also do not act as an injunction against further trespass by Mimms. If the Narayanas want such an injunction, they need to prove they're entitled to one. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 04/24/2023 12:55:55 Notice of Docket Entry sent to counsel and Pro Se by email.
  52. esponse to Plaintiff Pamala Mimms Counsel's Amendatory Affidavit, filed.
  53. he Court has received from the Narayanas a "Response to Plaintiff Pamala Mimms Counsel's Amendatory Affidavit." On April 3, 2023, Ms. Mimms's attorney filed an affidavit amending statements Mimms had made in a report docketed March 24, 2023. The sole purpose of both reports (as well as a filing the Narayanas made on March 31, 2023) was to guide the Court in setting a schedule for the next steps in this case. The Court set that schedule by order docketed on April 3, 2023. Ms. Mimms's March 24 and April 3 filings thus don't have any current importance to the Court. Hence, it is unclear why the Narayanas filed their Response today; the Court discourages Mimms from filing a reply to the Response, as the Court likely will disregard any reply as well. (If the Narayanas submitted the Response hoping to get answers to the questions presented in the Response, the Court ADVISES the Narayanas that Rules 26-36 and 45 of the Massachusetts Rules of Civil Procedure describe the processes by which one can obtain information for use in a civil action.) SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 05/09/2023 17:51:37
  54. otion to Dissolve the Lis Pendens, filed.
  55. he Court has received the Narayanas' motion to dissolve the endorsed lis pendens memorandum. The Court ORDERS Ms. Mimms to file by May 22, 2023, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 05/11/2023 11:45:00
  56. laintiff's Assent to the Dissolution of the Lis Pendens, filed.
  57. ith Ms. Mimms's assent, the Court GRANTS the Narayanas' motion to dissolve the memorandum of lis pendens the Court previously endorsed. A separate order, suitable for recording, will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 05/22/2023 15:42:47
  58. PON THE MOTION OF DEFENDANTS', THIS MEMORANDUM (AS PREVIOUSLY ENDORSED) IS HEREBY DISSOLVED. (Copies emailed to Attorney Jonas Jacobson and Pro Se Respondents Koduvayur and Rahda Narayana) Judge: Vhay, Hon. Michael D.
  59. otion to Reschedule the Discovery Completion Date and the Scheduled Pretrial videoconference Date, filed.
  60. he Court has received the Narayanas' Motion to Reschedule. The Court ORDERS Ms. Mimms to file by July 7, 2023, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 06/29/2023 10:27:45 Notice also sent by email to counsel and Pro Se.
  61. amala Mimms Opposition to the Defendants' Motion to Extend the Tracking Order, filed.
  62. he Court has reviewed the Narayanas' motion to reschedule certain events in this case and Ms. Mimms's opposition to the motion. The Court GRANTS the motion in part and DENIES it in part. The Court GRANTS the Narayanas leave to provide, by July 21, 2023, answers to Ms. Mimms's interrogatories that do not require the Narayanas to review materials that are available only at their Ashland home. The Court GRANTS the Narayanas leave to answer Ms. Mimm's remaining interrogatories by October 13, 2023. The Court DENIES the Narayanas' motion to extend the Court's June 30, 2023, deadline to complete all discovery in this case, as the Narayanas haven't shown (apart from the issue of not being able to answer certain interrogatories remotely from Ashland) why their unanticipated travel to California prevented their complying with the Court's discovery schedule. But because the Narayanas won't have provided their interrogatory answers to Ms. Mimms until October 13, 2023, the Court RESCHEDULES the July 24, 2023 pretrial conference in this case to October 30, 2023, at 10:00 AM, by Zoom. This Order is without prejudice to Ms. Mimms moving for summary judgment prior to the pretrial conference. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 07/07/2023 10:01:44
  63. vent Resulted: Pre-Trial Conference scheduled on: 07/24/2023 11:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  64. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 10/30/2023 Time: 10:00 AM
  65. otion to Reconsider the Partial Penial Ruling of 7 July 2023 and Grant us an Opportunity to Conduct our Discoveries, filed.
  66. he Court has received two items from the Narayanas. The first is Mr. Narayana's partial response to Ms. Mimms's interrogatories. Rule 5(d)(2) of the Massachusetts Rules of Civil Procedure states than unless the court orders otherwise, a party shall not present for filing, and the court shall not accept for filing, a party's answers to interrogatories unless that party is "pressing or opposing any motion or other application for relief" and the answers are pertinent to that motion. The Court thus DIRECTS the Sessions Clerk to remove Mr. Narayana's partial response from the docket. The second item received from the Narayanas' is a motion for reconsideration of the Court's July 7, 2023, order refusing to give them more time to conduct discovery from Ms. Mimms. The Court DENIES the motion. The only claims left for the Court to decide in this case are the Narayanas' claims for trespass and damage to their property. The Narayanas bear the burden of proving those claims, but it appears from their March 31, 2023, status report that the Narayanas had at that time the evidence they believe shows the nature and timing of Ms. Mimms's alleged trespasses (e.g. illegal fences, drainage, unpermitted entries) and the damage those trespasses allegedly caused. The Narayanas' March 2023 report didn't suggest they needed any information from Ms. Mimms to prove the Narayanas' trespass claims. Likewise, the Narayanas' Motion to Reschedule Discovery Completion Date and their Motion for Reconsideration doesn't identify any specific information they need from Ms. Mimms to prove their trespass claims, or why (if they needed information from Ms. Mimms) they didn't request it prior to June 30, 2023. That is why, while the Court is allowing the Narayanas to complete their disclosures to Ms. Mimms after the original June 30, 2023, deadline, the Court won't revisit the deadline for the Narayanas to seek information about their own case from Ms. Mimms. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 07/17/2023 11:00:30
  67. amala Mimms Memorandum in Support of her Motion for Summary Judgment on the Defendant's Counterclaims, filed.
  68. he Court has received, and DENIES without prejudice to its renewal, Ms. Mimms's motion for summary judgment. The Motion doesn't comply with Land Court Rule 4, chiefly as it omits the "concise statement" described in the second paragraph of that Rule. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 09/25/2023 11:41:44
  69. amala Mimms Motion for Summary Judgment on the Defendants' Counterclaims, filed.
  70. amala Mimms Concise Statement of Facts in Support of her Motion for Summary Judgment on the Defendants' Counterclaims, filed.
  71. he Court has received Ms. Mimms's renewed motion for summary judgment. The Court ORDERS the Narayanas to file by October 26, 2023, any opposition to the motion. The Court ADVISES the Narayanas that any opposition they file must comply with Land Court Rule 4, particularly its requirements governing how they must respond to Ms. Mimms's Concise Statement of Facts. The Court CANCELS the October 30, 2023, pretrial conference in this matter pending a hearing on Ms. Mimms's motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 09/26/2023 15:32:38
  72. vent Resulted: Pre-Trial Conference scheduled on: 10/30/2023 10:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  73. adaha and Koduvayur G. Narayana Make Motion to Request an Extension of time to Submit a Response from Thursday 26, 2023 to Friday 10 November, 2023 Uner Compassionate Grounds Due to Current Physcial Health, filed.
  74. ddendum to Extension Request: Radaha and Koduvayur G. Narayana Makes Motion to Request an Extension of Time to Submit a Response from Thursday 26 October to Friday 10 November 2023 under Compassionate Grounds Dude to Current Physical Health, filed.
  75. adaha and Koduvayur G. Narayana Memorandum in Support of Denying the Pamala Mimms's Motion for Summary Judgment on our Request for Counterclaims, filed.
  76. he Court has received (a) the Narayanas' motion for extension of time to oppose motion for summary judgment, (b) their supplement to that motion, and (c) their "Memorandum in support of denying [Ms.] Mimms's Motion for Summary Judgment on Our Request for Counterclaims." The Court DENIES the motion for extension of time. The 21-page Memorandum contains a seven-page response to Ms. Mimms's statement of materials facts and fourteen pages of legal argument, two pages of additional facts, and 70 pages of exhibits. It is evident from the Memorandum that the Narayanas need no additional time to present written materials in opposition to Ms. Mimms's motion. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 10/27/2023 17:10:21
  77. he Court ORDERS the parties to appear on January 18, 2024, at noon for a hearing on Ms. Mimms's motion for summary judgment. The hearing will be live at the Land Court in Boston unless the parties jointly file a motion by noon on January 17, 2024, asking the Court to hold the hearing by Zoom videoconference. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 01/02/2024 10:11:24
  78. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 01/18/2024 Time: 12:00 PM
  79. laintiff's Motion for a Continuance and Proceed Pro Se, filed.
  80. he Court has received Ms. Mimms's motion, which she filed herself, seeking (1) a continuance of the January 18, 2024, hearing in this matter to the week of April 1, 2024; and (2) permission to proceed as a self-represented litigant. With respect to the first part of the motion, the Court ORDERS the Narayanas to file by January 12, 2024, any opposition to the request. (The Court's calendar is open every morning April 1-5, 2024, and hence the hearing could be rescheduled to one of those dates.) With respect to the second part of the motion, it does not appear that Ms. Mimms has served the motion on her attorney of record, Jonas Jacobson; the Court ORDERS her to so immediately if she hasn't already done that. The Court further ORDERS attorney Jacobson to file by January 12, 2024, a suitable motion to withdraw his appearance in this case, assuming that the Court will grant some sort of continuance of the January 18, 2024, hearing. The Court ADVISES Ms. Mimms that any continuance the Court may grant is solely to accommodate her schedule (her stated needs to care for one of her parents and to take the bar exam) and to be prepared for the hearing. The Court will not grant a continuance to allow Ms. Mimms to supplement the facts in support of her pending motion for summary judgment, which the parties have fully briefed. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 01/08/2024 15:39:47
  81. laintiff's Motion to Terminate Counsel, filed.
  82. he Court has received Ms. Mimms's Motion to Terminate Counsel. The Court DENIES the motion, without prejudice to attorney Jacobson's ability to file a notice of withdrawal of his appearance in the case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonas A Jacobson, Esq. [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 01/09/2024 09:49:26
  83. emorandum in Support of Defendant, Pamala Mimms's Motion to Rescheduling the 18 January Summary Judgment Hearing to April 2024 and Other Matters for Clarification, filed.
  84. onas Jacobson's Motion to Withdraw, filed.
  85. vent Resulted: Hearing scheduled on: 01/18/2024 12:00 PM Has been: Continued Hon. Michael D. Vhay, Presiding
  86. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 04/01/2024 Time: 11:30 AM
  87. amala Mimms Replay Brief in Opposition to Radha and Koduvayur G. Narayana Opposition to Pamala Mimms Motion for Summary Judgment on the Counterclaims, filed.
  88. vent Resulted: Hearing scheduled on: 04/01/2024 11:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  89. earing on Ms. Mimms' motion for summary judgment held in-person at the courthouse. Ms. Mimms and the Narayanas appeared representing themselves. After hearing from the parties, the Court GRANTS the motion in part, with respect to the Narayanas' claims for emotional distress and harassment (without prejudice to their bringing those claims in a court that has subject-matter jurisdiction over those claims). The Court otherwise DENIES the motion, owing to disputed issues of fact concerning the Narayanas' claims for (a) damage to a tree and surrounding areas on their property, (b) survey costs, (c) legal-research costs, and (d) "occupancy" damages. The Court ORDERS the parties to appear on April 30, 2024, at 9:30 AM in-person at the courthouse for trial. A separate order in advance of trial will issue. The Court ORDERS each of the parties to file with the Court, and serve on each other by April 5, 2024, a list of their proposed trial witnesses. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Pamala Mimms [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 04/01/2024 15:42:44
  90. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 04/30/2024 Time: 09:30 AM
  91. amala Mimms, Defendant in the Counterclaim Witness List, filed.
  92. ist of Witnesses for the Counterclaim Trial dated 30 April 2024, filed.
  93. rder in Advance of Trial, issued. (Copies emailed to Pro Se Parties Pamala Mimms, Koduvayur Narayana, and Rahda Narayana) Judge: Vhay, Hon. Michael D.
  94. amala Mimms, Defendant in Counterclaim, Motion for Clarification, filed.
  95. he Court has received Ms. Mimms's motion for clarification. The Court ORDERS the Narayanas to file by April 18, 2024, a written description of (a) what they claim Ms. Mimms damaged on their property and (b) the damages they seek on account of her occupying their property. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Pamala Mimms [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 04/11/2024 14:16:02
  96. arayanas, The Plaintiffs in the Counterclaim, Respond to Court Order Issued on April 11, 2024, filed.
  97. he Court has reviewed Ms. Mimms's motion for clarification of the Court's April 8, 2024, Order in Advance of Trial (the "Order") and the Narayanas' response (the "Response") to the Court's April 11, 2024, order. Based on the Response, the Court MODIFIES the Order by restating the issues for trial as these: (1) Has plaintiff/counterclaim-defendant Pamala Mimms damaged trees, caused soil erosion, or caused a depression in the ground on the real property of defendants/counterclaim-plaintiffs Koduvayur Narayana and Rahda Narayana, and if so, what damages are they owed? (2) Has Ms. Mimms trespassed inside the fenced area identified by the Narayanas as "Parcel 2," and if so, what damages are they owed? (3) Has Ms. Mimms trespassed on the Narayanas' property outside of the fenced area, and if so, what damages are they owed? (4) Is Ms. Mimms liable for the Narayanas' surveying costs, and if so, in what amount? (5) Is Ms. Mimms liable for the Narayanas' legal-research costs, and if so, in what amount? Any issues involving "damages owed" also includes any interest the law may allow. The Court DENIES the Narayanas' request to include two other issues for trial: (A) whether Ms. Mimms is liable for "triple damage" under G.L. c. 231, sec. 6F. The Court will not determine any party's liability under sec. 6F until after it has ruled on the merits of the claims that are now set for trial. If the Narayanas (or Ms. Mimms) wants an award under sec. 6F, he or she must file a motion for such an award after the Court has issued its rulings from the upcoming trial. (The Court ADVISES the parties, however, that sec. 6F doesn't entitle anyone to triple damages.) (B) Whether Ms. Mimms is liable for allegedly directing water from her property to the Narayanas' property. The Narayanas' claims in this case are for "trespass," a person's physical invasion of another's property. Diverting water onto another's property, by itself, is what Massachusetts law calls a "nuisance." See, for example, DeSanctis v. Lynn Water & Sewer Comm'n, 423 Mass. 112, 116 (1996). The Court will not allow the Narayanas to add claims against Ms. Mimms for nuisance this close to trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Pamala Mimms [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 04/19/2024 08:17:10
  98. otion to Reconsider the Water Damage, filed.
  99. he Court has reviewed, and DENIES, the Narayanas' motion for reconsideration. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Pamala Mimms [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 04/22/2024 10:12:16
  100. amala Mimms Opposition to Koduvayur Narayana & Radha Narayana Motion for Reconsider the Water Damage, filed.
  101. rial Motion to Accept Public Documents, filed.
  102. vent Resulted: Trial scheduled on: 04/30/2024 09:30 AM Has been: Held - First Day of Trial Hon. Michael D. Vhay, Presiding
  103. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 05/02/2024 Time: 09:00 AM
  104. rial Ends.: Trial scheduled on: 05/02/2024 09:00 AM Has been: Held - Trial Ends Hon. Michael D. Vhay, Presiding
  105. udgment after trial entered. (Copies emailed to Pro Se Parties Pamala Mimms, Koduvayur Narayana, and Rahda Narayana) Judge: Vhay, Hon. Michael D.
  106. ubmission of Invoices etc for Reimbursement of Expenses Related to the Case, filed.
  107. he Court has received the Narayanas' request for an award of their costs. The Court ORDERS Ms. Mimms to file by May 23, 2024, any objections to the request. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Pamala Mimms [email protected] Defendant: Koduvayur Narayana [email protected] Defendant: Rahda Narayana [email protected] Sent On: 05/16/2024 09:11:35
  108. amala Mimms Partial Opposition to Koduvayur Narayana & Radha Narayana Motion for Submission of Invoices ets for Reimbursement of Expenses Related to the Case, filed.
  109. arayana's Response to Pamala Mimms Partial Opposition to Reimbursement of Expenses Related to the Case, filed.

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