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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-09-22
Status Open
Type E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 37 entries

Parties

Plaintiff Branchini, Gail
Defendant Fantasia, Thomas C.|Fantasia, Melissa A.

Lawyers

Docket Entries

  1. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  2. and Court miscellaneous filing fee Receipt: 444271 Date: 09/25/2023
  3. and Court surcharge Receipt: 444271 Date: 09/25/2023
  4. erified Complaint eFiled.
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the F Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected]
  7. ummons returned to Court with service on Thomas C. Fantasia Trustee for the The Fantasia Revocable Trust, Melissa A. Fantasia Trustee of the The Fantasia Revocable Trust, Lisa Stepanic, Andrea Murphy filed. As to Thomas C. Fantasia - 10/12/2023: Service by leaving at the last and usual place of abode; As to Melissa A. Fantasia - 10/12/2023: Service by leaving at the last and usual place of abode; As to Lisa Stepanic - 10/10/2023: Service by leaving at the last and usual place of abode and by mailing 1st class; As to Andrea Murphy - 10/10/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
  8. Fantasia Defendants') Answer and Counterclaims, filed. .
  9. laintiff's Answer to Counterclaim, filed.
  10. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 06/13/2024 Time: 10:00 AM Email notice to: Attorney Harold O. Beede; Attorney Nathan Y. Pak; and Attorney Paul M. Tellier.
  11. oint Case Management Conference Statement, filed.
  12. vent Resulted: Case Management Conference scheduled on: 06/13/2024 10:00 AM Has been: Held via video. Attorney Harold O. Beede appeared for the plaintiff and Attorney Nathan Y. Pak appeared for the defendants. Interested parties Andrea Murphy and Lisa Stepanic also appeared pro se. In response to the court's inquiry, Attorney Beede reported that there is still a padlock and chain on a gate blocking the passageway at the southwest corner of the defendants' lot. Attorney Pak explained that his abandonment claim is based on construction that has occurred on the third-floor unit that he believes has made the unit's access to the passageway impossible. After discussion, the court set a discovery deadline of December 13, 2024 and encouraged Attorney Beede to timely retain a surveyor. Once discovery is complete, counsel should contact Clerk Hayes for a status conference if one has not yet been scheduled. The court also set a deadline of July 14, 2024 for the plaintiffs to file a motion to amend to add parties or for the defendant to file a rule 19 motion to dismiss for failure to add necessary parties, so as to add any parties that may have rights to the passageway and whose interests might be affected by this case. Email notice to: Attorney Harold O. Beede; Attorney Nathan Y. Pak; and Interested Parties Andrea Murphy and Lisa Stepanic. Hon. Jennifer S.D. Roberts, Presiding
  13. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Paul Michael Tellier, Esq. [email protected] Defendant: Nathan Y Pak, Esq. [email protected] Interested Party: Lisa Stepanic [email protected] Interested Party: Andrea Murphy [email protected]
  14. ppearance of Peter Brown, Esq., Alma Quijada, Esq. for Thomas C. Fantasia Trustee for the The Fantasia Revocable Trust, Melissa A. Fantasia Trustee of the The Fantasia Revocable Trust, filed
  15. ithdrawal of Paul Michael Tellier, Esq., Nathan Y Pak, Esq. for Thomas C. Fantasia Trustee for the The Fantasia Revocable Trust, Melissa A. Fantasia Trustee of the The Fantasia Revocable Trust, filed
  16. his case has been REASSIGNED to the Hon. Lauren E. Reznick. Please direct further communication to Sessions Clerk Kathleen Hayes at [email protected]. (Piper, C.J.) Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Peter Brown, Esq. [email protected] Defendant: Alma Quijada, Esq. [email protected] Defendant: Alma Quijada, Esq. [email protected] Interested Party: Lisa Stepanic [email protected]
  17. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 01/23/2025 Time: 10:30 AM Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic.
  18. efendant's Assented-To Motion for Continuance of Status Hearing (scheduled January 23, 2025), filed.
  19. efendant's Assented-To Motion for Continuance of Status Hearing (scheduled January 23, 2025) ALLOWED. Status Conference via Zoom scheduled January 23, 2024 is VACATED. Status Conference via Zoom is continued to January 29, 2025 at 9:30 AM. Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic Judge: Reznick, Hon. Lauren E.
  20. vent Resulted: Status Conference scheduled on: 01/23/2025 10:30 AM Has been: Continued For the following reason: Request of all Parties Hon. Lauren E. Reznick, Presiding
  21. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 01/29/2025 Time: 09:30 AM Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic
  22. vent Resulted: Status Conference scheduled on: 01/29/2025 09:30 AM Has been: Held via video. Attorney Harold O. Beede appeared for plaintiff, and Attorney Peter Brown appeared for defendants Thomas C. Fantasia and Melissa A. Fantasia. Interested party Andrea Murphy appeared pro se, and no appearance was made by interested party Lisa Stepanic. Attorney Beede informed the court that he belatedly shared the Zoom information with the interested parties this morning which could explain Ms. Stepanic's absence. At the outset of the conference, the court informed the parties that the presiding judge is scheduled to be a co-presenter with Attorney Brown in an upcoming MCLE program. While the court does not anticipate this affecting the proceedings and believes it can remain impartial in hearing and deciding this matter, it inquired whether the parties had any concerns. Attorney Beede and interested party Murphy did not object to proceeding with the conference. The court advised that any party with further concerns may contact Clerk Hayes. Attorney Beede reported that this case concerns access to a rear and side passageway behind a row of townhouses in South Boston. Plaintiff and the interested parties are owners of a three-unit condominium with deeded easement access to the passageways. Defendants have erected a locked gate at the south-east corner of their property where the rear and side passageways connect. A recent survey and title review has uncovered a potential title issue that has impeded the parties' progress in both advancing the litigation and engaging in settlement discussions. Attorney Beede has retained a title professional to review the Suffolk County Registry of Deeds records, many of which are available only in print. Attorney Brown reported that defendants have provided plaintiff with a key to the gate to accommodate her access to the side passageway for the time being. The parties are still discussing whether there will be any conditions or restrictions on access during the pendency of the case. Attorney Brown described the issues as follows: (1) the validity of the easement deeded to plaintiff and the interested parties; (2) whether the easement has been abandoned; and (3) if not abandoned, the scope of the easement. Attorney Brown requested additional time for the parties to review the recently revealed title issue and discuss settlement and suggested that the court order the parties to submit a status report in three months. Interested party Murphy informed the court that she requires access to the side passageway to conveniently move trash barrels to the street. The alternative access point at the end of the rear passageway requires maneuvering trash barrels over two sets of stairs, creating difficulty for her and the other condominium owners. The court inquired about the need to join any additional necessary parties. Attorney Beede states that none of the other homes in the row have deeded access to the side passageway, only the rear passageway, therefore no other easement holders would need to be joined. However, the recently revealed title issue centers on defendants' ownership of the servient estate subject to the alleged side passageway easement. Depending on further title research, Attorney Beede suggested that the potential owners of that land may be the lot owners to the south, who may need to be added as parties. Attorney Brown's position is that the title to the servient estate may have been over-conveyed in the 1800s. He contended that introducing this issue into the litigation could significantly expand the scope of this case. Attorney Brown argued that it was plaintiff's obligation to correctly identify all necessary parties in her lawsuit. He therefore reserved his client's right to object to any motion to amend the complaint by adding additional parties. After discussion, the court ORDERED the parties to submit a joint status report by April 30, 2025. The report should detail (1) the parties' progress in investigating and solidifying their positions on the title issue affecting the servient estate; (2) whether plaintiff intends to file a motion to amend her complaint; (3) the parties' efforts toward settlement; and (4) whether an ADR referral from the court would assist the parties. The court scheduled a further status conference for May 8, 2025 at 10:00 a.m. Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; and Interested Party Andrea Murphy (pro se). Hon. Lauren E. Reznick, Presiding
  23. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Peter Brown, Esq. [email protected] Defendant: Alma Quijada, Esq. [email protected] Interested Party: Lisa Stepanic [email protected] Interested Party: Andrea Murphy [email protected]
  24. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 05/08/2025 Time: 3:00 PM Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic
  25. eport, filed.
  26. vent Resulted: Status Conference scheduled on: 05/08/2025 03:00 PM Has been: Continued For the following reason: Request of all Parties Hon. Lauren E. Reznick, Presiding
  27. aving reviewed the parties' joint status report, the court notes the ongoing dispute regarding record title to the "side passageway." Specifically, the parties disagree as to whether defendants hold record title (or ownership through adverse possession) of this land, which is the subject of plaintiff's claimed easement. At this juncture, and absent a more developed record, the court is unable to determine if a joinder of parties is required. The court reserves its right and discretion to revisit this issue if plaintiffs seek leave to amend their complaint or defendants move to dismiss on this ground. However, even with the title question temporarily unresolved, the current defendants exercise dominion and control over the side passageway. Given the practicalities of this dispute and the parties' willingness to mediate, a referral to a mediation provider is warranted. While defendants requested referral to the court's in-house mediator, that program has a significant waitlist and cannot accept this referral. Therefore, the court will refer the matter to REBA Dispute Resolution, as requested by plaintiffs. The Clerk is directed to issue a referral and order for mediation screening. Additionally, a status conference is scheduled for July 15, 2025 at 10:30 AM], via Zoom videoconference. The Status Conference via Zoom scheduled May 8, 2025 at 3:00 PM is VACATED. Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Peter Brown, Esq. [email protected] Defendant: Alma Quijada, Esq. [email protected] Interested Party: Lisa Stepanic [email protected] Interested Party: Andrea Murphy [email protected]
  28. DR referral to REBA/DR issued.
  29. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 07/15/2025 Time: 10:30 AM Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic
  30. DR Report of REBA: Parties elected to participate in Dispute Resolution through the Program; Mediation with Hon. Harry M. Gross (ret.) on Monday, July 21, 2025; Outcome: Pending, filed.
  31. vent Resulted: Status Conference scheduled on: 07/15/2025 10:30 AM Has been: Rescheduled Hon. Lauren E. Reznick, Presiding
  32. n light of the mediation timing, the Status Conference via Zoom scheduled July 15, 2025 at 10:30 AM is VACATED. Status Conference via Zoom is rescheduled to August 12, 2025 at 9:30 AM. Notice to follow. Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Peter Brown, Esq. [email protected] Defendant: Alma Quijada, Esq. [email protected] Interested Party: Lisa Stepanic [email protected] Interested Party: Andrea Murphy [email protected]
  33. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 08/12/2025 Time: 09:30 AM Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic
  34. DR Report of REBA Parties Elected to participate in the Program. Mediation with Hon. Harry M. Grossman (ret.); Date of Dispute Resolution: Monday, July 21, 2025; Outcome: Not Settled.
  35. efendants' Motion for Continuation of Status Conference Hearing (with Limited Assent) (from August 12, 2025 to week of August 18, 2025), filed.
  36. efendants' Motion for Continuation of Status Conference Hearing (with Limited Assent) ALLOWED. Status Conference via Zoom scheduled August 12, 2025 at 9:30 AM is VACATED. Status Conference via Zoom continued to August 21, 2025 at 9:30 AM. Notice to follow. Email notice to: Attorney Harold O. Beede; Attorney Peter Brown; Attorney Alma Quijada; and Interested Parties Andrea Murphy and Lisa Stepanic Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Peter Brown, Esq. [email protected] Defendant: Alma Quijada, Esq. [email protected] Interested Party: Lisa Stepanic [email protected] Interested Party: Andrea Murphy [email protected] Sent On: 08/11/2025 10:00:06
  37. vent Resulted: Status Conference scheduled on: 08/12/2025 09:30 AM Has been: Continued For the following reason: Request of all Parties Hon. Lauren E. Reznick, Presiding

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