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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-09-25
Status Open
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 46 entries

Parties

Plaintiff Dunleavy, Ann
Defendant Griffiths, Deanna

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: 444283 Date: 09/25/2023
  4. and Court surcharge Receipt: 444283 Date: 09/25/2023
  5. and Court summons Receipt: 444283 Date: 09/25/2023
  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: David C Uitti, Esq. [email protected] Defendant: Deanna Griffiths No addresses available Sent On: 10/06/2023 10:16:07
  8. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/27/2023 Time: 09:00 AM
  9. ppearance of David C Uitti, Esq., Brittany L Parziale, Esq. for Ann Dunleavy Trustee of the Dunleavy Family Living Trust Duxbury, filed
  10. efendants Motion to Dismiss, filed.
  11. emorandum of Law of Defendant in Support of Her Motion to Dismiss, filed.
  12. laintiffs Motion to Continue Case Management Conference Scheduled Nov 27 2023, filed.
  13. otice of Docket Entry: Plaintiff's Motion to Continue Case Management Conference ALLOWED. The November 27, 2023 case management conference is continued to January 10, 2024 at 10:45 am by Zoom. Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Plaintiff: Brittany L Parziale, Esq. [email protected] Defendant: Deanna Griffiths No addresses available Sent On: 11/16/2023 15:04:28
  14. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/10/2024 Time: 10:45 AM
  15. vent Resulted: Case Management Conference scheduled on: 11/27/2023 09:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  16. otice of Docket Entry: Opposition to Defendant's Motion to Dismiss due December 18, 2023. The motion to dismiss will be heard at the case management conference on January 10, 2024 at 10:45 am by Zoom. Judge: Foster, Hon. Robert B.
  17. ummons returned to Court with service on Deanna Griffiths filed.
  18. laintiffs Opposition to the Defendants Motion to Dismiss, filed.
  19. laintiffs Memorandum of Law in Support of its Opposition to Defendants Motion to Dismiss, filed.
  20. ase Management Conference Joint Statement, filed.
  21. vent Resulted: Case Management Conference scheduled on: 01/10/2024 10:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 10, 2024. Case management conference and hearing on motion to dismiss held by Zoom. Attorney David C. Uitti appeared. Deanna Griffiths appeared pro se and was sworn. After hearing, Defendant's Motion to Dismiss is ALLOWED IN PART and DENIED IN PART. With respect to Counts I and II of the Complaint, the plaintiff is ordered to, no later than January 24, 2024, give notice, by service or certified mail, of this action with a copy of the complaint to Brenda M. Weckbacher, with instructions that she may move to intervene in this action within 30 days of the date of her receipt of the notice. With respect to Count III of the Complaint, the Motion to Dismiss is allowed. Count III will be dismissed without prejudice for lack of subject matter jurisdiction in 30 days, to provide plaintiff the opportunity to file her claim for nuisance in a court of appropriate jurisdiction and seek interdepartmental assignment. Defendant's answer to the Complaint is due by January 30, 2024. The parties will confer on settlement, and file a joint status report by January 30, 2024 on the status of settlement discussions and on whether they would like a referral to Land Court mediator Barbara Macy. Discoveyr is open, and closes June 28, 2024. A status conference is set down for June 28, 2024 at 9:15 am by Zoom.
  22. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Plaintiff: Brittany L Parziale, Esq. [email protected] Defendant: Deanna Griffiths [email protected] Sent On: 01/11/2024 12:50:15
  23. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/28/2024 Time: 09:15 AM
  24. otice to Brenda M. Weckbacher SENT 1.18.24., filed.
  25. laintiff's Status Report, filed.
  26. nswers, Affirmative Defenses and Counterclaims, filed.
  27. laintiff's Answer and Affirmative Defenses to Defendant's Counterclaims, filed.
  28. hief Justice of the Trial Court Order of Assignment dated March 19, 2024. (Courtesy Copy received on April 9, 2024)
  29. vent Resulted: Status Conference scheduled on: 06/28/2024 09:15 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  30. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/27/2024 Time: 09:15 AM
  31. vent Resulted: Status Conference scheduled on: 06/27/2024 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 27, 2024. Status Conference held by Zoom. Attorney David C. Uitti appeared. Deanna Griffiths appeared pro se and was sworn. The parties report to the Court that they are close to settlement and are obtaining a survey. A joint status report is due on September 9, 2024. (Foster, J.)
  32. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Plaintiff: Brittany L Parziale, Esq. [email protected] Defendant: Deanna Griffiths [email protected] Sent On: 06/27/2024 15:27:49
  33. ithdrawal of Brittany L Parziale, Esq. for Ann Dunleavy Trustee of the Dunleavy Family Living Trust Duxbury, filed
  34. oint Status Report, filed.
  35. eptember 5, 2024. Joint Status Report received and reviewed. A further status report is due on October 21, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Defendant: Deanna Griffiths [email protected] Sent On: 09/05/2024 16:07:47
  36. oint Status Report, filed.
  37. ovember 15, 2024. Joint Status Report received and reviewed. A further status report is due December 11, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Defendant: Deanna Griffiths [email protected] Sent On: 11/15/2024 10:55:37
  38. oint Status Report, filed.
  39. anuary 3, 2025. Status Report received and reviewed. A further status report is due on January 30, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Defendant: Deanna Griffiths [email protected] Sent On: 01/03/2025 16:06:09
  40. eport, filed.
  41. ebruary 3, 2025. Joint Status Report received and reviewed. A further status report is due on March 20, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Defendant: Deanna Griffiths [email protected] Sent On: 02/03/2025 15:51:26
  42. oint Status Report, filed.
  43. arch 21, 2025. Joint Status Report received and reviewed. A further status report is due on May 5, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Defendant: Deanna Griffiths [email protected] Sent On: 03/21/2025 15:57:46
  44. oint Status Report, filed.
  45. ay 23, 2025. Joint Status Report received and reviewed. A further status report is due on July 22, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: David C Uitti, Esq. [email protected] Defendant: Deanna Griffiths [email protected] Sent On: 05/23/2025 15:43:29
  46. oint Status Report, filed.

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