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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-09-29
Status Open
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 118 entries

Parties

Plaintiff Adams, Lars H.
Defendant Town Of Holden|Verizon New England Inc.|Spectrum Northeast, Llc|Holden, Municipal Light Dept.|Sachse, Arthur M.|Sachse, Kristen L.|Sachse, Robert M.|Holloway, Austin J.|Holloway, Angela T.

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: 444420 Date: 09/29/2023
  4. and Court surcharge Receipt: 444420 Date: 09/29/2023
  5. and Court summons Receipt: 444420 Date: 09/29/2023
  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: Henry J Lane, Esq. [email protected] Defendant: Town of Holden No addresses available Defendant: Verizon New England Inc. No addresses available Defendant: Spectrum Northeast, LLC No addresses available Sent On: 10/06/2023 10:26:01
  8. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/27/2023 Time: 09:15 AM
  9. omplaint eFiled.
  10. nswer of Defendant, Verizon New England Inc to Complaint, and Jury Claim, filed.
  11. he Defendant, Spectrum Northeast, LLC Answer to The Plaintiff's Complaint, filed.
  12. he Defendant, Spectrum Northeast, LLC Answer to The Plaintiff's Complaint, filed.
  13. nswer of Defendant, Verizon New England INC, to Amended Complaint, and Jury Claim, filed.
  14. ppearance of Christopher J Pollart, Esq., Deborah I Ecker, Esq. for Town of Holden, filed
  15. efendants Town of Holden and Holden Municipal Light Departments Motion to Dismiss Plaintiffs Amended Complaint, filed.
  16. emorandum of Law in Support of Defendants Town of Holden and Holden Municipal Light Departments Motion to Dismiss Plaintiffs Amended Complaint, filed.
  17. ertificate of Conferral Pursuant to Rule 9C, filed.
  18. ummons returned to Court with service on Town of Holden filed.
  19. ummons returned to Court with service on Municipal Light Dept. Holden filed.
  20. ummons returned to Court with service on Spectrum Northeast, LLC filed.
  21. ummons returned to Court with service on Verizon New England Inc. filed.
  22. otion to Continue Case Management Conference, filed.
  23. ppearance of Bryan Corbaz, Esq. for Verizon New England Inc., filed
  24. otice of Docket Entry: Motion to Continue Case Management Conference ALLOWED. The November 27, 2023 case management conference is continued to December 14, 2023 at 11:45 am by zoom. Judge: Foster, Hon. Robert B.
  25. vent Resulted: Case Management Conference scheduled on: 11/27/2023 09:15 AM Has been: Continued Hon. Robert B. Foster, Presiding
  26. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/14/2023 Time: 11:45 AM
  27. otion to Further Continue Case Management Conference, filed.
  28. otion to Amend Complaint, filed.
  29. otice of Docket Entry: Motion to Further Continue Case Management Conference ALLOWED. The December 14, 2023 case management conference is continued January 30, 2024 at 9:00 am by Zoom. Oppositions to the Motion to Amend Complaint are due December 15, 2023. Judge: Foster, Hon. Robert B.
  30. vent Resulted: Case Management Conference scheduled on: 12/14/2023 11:45 AM Has been: Continued Hon. Robert B. Foster, Presiding
  31. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/30/2024 Time: 09:00 AM
  32. laintiffs Opposition to the Municipal Defendants Motion to Dismiss, filed.
  33. efendants Town of Holden and Holden Municipal Light Department Limited Opposition to Plaintiffs Motion to Amend Complaint, filed.
  34. tatement, filed.
  35. vent Resulted: Case Management Conference scheduled on: 01/30/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 30, 2024. Case management conference and hearing held by Zoom. Attorneys Henry J. Lane and Deborah I. Ecker appeared. Defendants' Motion to Dismiss and plaintiff's Motion to Amend Complaint heard. Motion to Dismiss ALLOWED IN PART and DENIED IN PART. The court has jurisdiction over plaintiff's claim regarding the scope of and overburdening of easement under G.L. c. 187, 5, and the motion to dismiss for lack of subject matter jurisdiction is denied. The defendant Holden Municipal Light Department is the easement holder and is an entity separate from the Town of Holden for the purposes of the claims in this case. See Town of Middleborough v. Middleborough Gas & Elec. Dept., 422 Mass. 583, 587-588 (1996); Municipal Light Comm'n of Taunton v. City of Taunton, 323 Mass. 79, 84 (1948). The Town of Holden is not a necessary party, and the claims against the Town of Holden are DISMISSED without prejudice. The Motion to Amend is ALLOWED IN PART. The plaintiff shall revise the proposed amended complaint to strike the Town of Holden as a defendant, and file the amended complaint by February 6, 2024 and serve the new defendants. A continued case management conference is set down for March 1, 2024 at 9:00 am by Zoom. Case management conference notice to issue. (Foster J.).
  36. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Bryan Corbaz, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Sent On: 01/30/2024 15:35:09
  37. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 03/01/2024 Time: 09:00 AM
  38. econd Amended Complaint, filed.
  39. nswer of Defendant, Verizon New England Inc., to Second Amended Complaint, and Jury Claim, filed.
  40. nswer of Defendant, Holden Municipal Light Department, to Second Amended Complaint, filed.
  41. he Defendant, Spectrum Northeast, LLC's, Answer to the Plaintiff's Second Amended Complaint , filed.
  42. otion to Continue Case Management Conference, filed.
  43. ebruary 21, 2024: Motion to Continue Case Management Conference ALLOWED. The March 1, 2024 case management conference is continued to March 28, 2024 at 9:45 am by Zoom. (Foster J.). Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Bryan Corbaz, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Sent On: 02/21/2024 14:17:09
  44. vent Resulted: Case Management Conference scheduled on: 03/01/2024 09:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  45. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 03/28/2024 Time: 09:45 AM
  46. ummons returned to Court with service on Austin J. Holloway filed. By leaving at last and usual abode on February 14, 2024
  47. ummons returned to Court with service on Angela T. Holloway filed. (By leaving at last and usual abode on February 14, 2024)
  48. nswer of Austin J. Holloway, Angela T. Holloway filed.
  49. otice of Change of Firm Affiliation and Address of Counsel, filed.
  50. ummons returned to Court with service on Arthur M. Sachse filed. Attorney Thomas J. Scannell accepted service on behalf on February 29 2024.
  51. ummons returned to Court with service on Kristen L. Sachse filed. Attorney Thomas J. Scannell accepted service on behalf on February 29 2024.
  52. ummons returned to Court with service on Robert M. Sachse filed. Attorney Thomas J. Scannell accepted service on behalf on February 29 2024.
  53. ppearance of Thomas J Scannell, Esq. for Kristen L. Sachse, Arthur M. Sachse, Robert M. Sachse, filed
  54. nswer of Defendants, Arthur M. Sachse, Kristen L. Sachse and Robert M. Sachse to Second Amended Complaint, filed.
  55. urther Joint Case Management Conference Statement, filed.
  56. vent Resulted: Case Management Conference scheduled on: 03/28/2024 09:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 28, 2024. Case management conference and hearing held by Zoom. Attorneys Henry J. Lane and Deborah I. Ecker, James R. Dyer, Joseph Mendes and Thomas Scannell appeared. Defendant Austin J. Holloway appeared Pro Se and was sworn. This case is regarding the placement of two utility polls on the Plaintiff's property. Plaintiff seeks order to move poles within layout of private way. Defendant Holden Municipal Light Co. will only remove poles; relocation of poles or installation of underground utilities requires payment by users. Individual defendants rely on these poles and wires for their utilities. Verizon and Spectrum has no objection the movement. Parties are to confer about settlement and ADR. A further Case Management Conference is set down for 9:30AM on May 7, 2024 via Zoom (Foster J.).
  57. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway No addresses available Sent On: 03/28/2024 14:52:50
  58. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 05/07/2024 Time: 09:30 AM
  59. ppearance of Pro Se for Austin J. Holloway, filed
  60. ppearance of Pro Se for Angela T. Holloway, filed
  61. vent Resulted: Case Management Conference scheduled on: 05/07/2024 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 7, 2024. Case management conference held by Zoom. Attorneys Henry J. Lane and Deborah I. Ecker, James R. Dyer, Joseph Mendes and Thomas Scannell appeared. Defendants Austin J. Holloway and Angela Holloway appeared Pro Se and were sworn. The Plaintiff reports the parties have not reached an agreement and do not anticipate reaching an agreement at this time. Due to the parties being unable to reach an agreement discovery is OPEN. While this case is pending, the Court ORDERS that no party shall move, change, or interfere with the disputed electrical poles. The Holloways expressed to the Court their wish to be dismissed from this matter. If the Holloways wish to be dismissed as defendants, they shall file a Motion to Dismiss by May 14, 2024, after which the court will set a briefing. Discovery will not by stayed pending any motion to dismiss. Discovery is set to close on August 16, 2024. A status conference is set down for August 20, 2024 at 9:00AM by Zoom. (Foster, J.)
  62. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Bryan Corbaz, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 05/07/2024 15:02:48
  63. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/20/2024 Time: 09:00 AM
  64. vent Resulted: Status Conference scheduled on: 08/20/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 20, 2024. Status Conference held by Zoom. Attorneys Henry J. Lane, Deborah I. Ecker, Christopher J. Pollart, James R. Dyer, Joseph Mendes and Thomas Scannell appeared. Defendants Austin J. Holloway and Angela Holloway appeared Pro Se and were sworn. The parties report discovery is almost complete. The parties agree that there are sufficient facts in dispute to require a trial, but that they are amenable to mediation. The Court orders the parties to attend mediation with in house Land Court Mediator Babara J. Macy. A joint status report pertaining to mediation is due on September 27, 2024. In the event mediation is unsuccessful, the Court will set down a date for a Pre-Trial Conference. (Foster, J.)
  65. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Bryan Corbaz, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 08/20/2024 11:01:59
  66. ediation referral to Attorney Barbara J. Macy, Land Court Mediator, issued. Referred to Mediation. Instructions to Mediator: None. Report back to Court on or before September 27, 2024. Judge: Foster, Hon. Robert B.
  67. oint Status Report pertaining to Mediation, filed.
  68. eptember 27, 2024. Joint Status Report pertaining to Mediation received and reviewed. A further status report pertaining to mediation is due on October 28, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Bryan Corbaz, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 09/27/2024 15:24:34
  69. econd Joint Status Report pertaining to Mediation, filed.
  70. ovember 15, 2024. Second 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: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Bryan Corbaz, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 11/15/2024 11:12:48
  71. hird Joint Status Report pertaining to Mediation, filed.
  72. ecember 11, 2024. Third Joint Status Report received and reviewed. A further status report is due on January 8, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Bryan Corbaz, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 12/11/2024 15:19:52
  73. ourth Joint Status Report pertaining to Mediation, filed.
  74. anuary 8, 2025. Fourth Joint Status Report received and reviewed. A further status report is due March 7, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Bryan Corbaz, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 01/08/2025 15:56:07
  75. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/05/2025 Time: 10:15 AM
  76. ithdrawal of Bryan Corbaz, Esq. for Verizon New England Inc., filed
  77. otice of Change of Address of Attorney Thomas J. Scannell, filed.
  78. vent Resulted: Status Conference scheduled on: 02/05/2025 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding February 5, 2025. Status Conference held via Zoom. Attorneys Henry Lane, Christopher J. Pollart, Deborah I. Ecker, James Dyer and Thomas J. Scannell appeared. Austin Holloway appeared pro se and was sworn. Land Court mediator Barbara J. Macy appeared. The parties report mediation efforts have become unsuccessful and wish to proceed with this case. Discovery is reopened with fact discovery and expert disclosures to be completed by April 7, 2025 and all expert discovery to be completed by May 7, 2025. A status conference is set down for May 13, 2025 at 9:15am by Zoom to discuss next steps. (Foster, J.)
  79. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Kelly F Gibson, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 02/06/2025 10:46:58
  80. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/13/2025 Time: 09:15 AM
  81. ithdrawal of Kelly F Gibson, Esq. for Spectrum Northeast, LLC, filed
  82. vent Resulted: Status Conference scheduled on: 05/13/2025 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 13, 2025. Status Conference held via Zoom. Attorneys Henry Lane, Deborah I. Ecker, James Dyer, Joseph Mendes and Thomas J. Scannell appeared. Austin Holloway appeared pro se and was sworn. The parties report discovery is mostly complete and wish to proceed to trial. Discovery is extended and set to close on June 13, 2025. A pre-trial conference is set down for July 10, 2025 at 10:00am by Zoom. (Foster, J.)
  83. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 05/13/2025 11:23:10
  84. cheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 07/10/2025 Time: 10:00 AM
  85. he Defendant, Holden Municipal Light Department's Request to be allowed to move one of the Subject Electrical Poles, filed.
  86. ay 27, 2025. The court is in receipt of the Defendant, Holden Municipal Light Department's Request to be allowed to move one of the Subject Electrical Poles. Responses to the Holden Municipal Light Department's (HMLD) request is due on June 10, 2025. A status conference is set down for June 12, 2025 at 10:45am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 05/27/2025 15:27:16
  87. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/12/2025 Time: 10:45 AM
  88. otion of Defendants, Arthur M. Sachse, Kristen L. Sachse, and Robert M. Sachse for Injunctive Relief, filed.
  89. ffidavit of Arthur M. Sachse in Support of Defendants' Motion for Injunctive Relief, filed.
  90. ay 30, 2025. Opposition to the Motion of Defendants, Arthur M. Sachse, Kristen L. Sachse, and Robert M. Sachse for Injunctive Relief is due on June 10, 2025. Hearing on the Motion for Injunctive Relief is set down for June 12, 2025 alongside the previously scheduled status conference. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 05/30/2025 09:38:24
  91. earing Notice issued on Application for Preliminary Injunction. Judge: Foster, Hon. Robert B. Event: Hearing on Preliminary Injunction Date: 06/12/2025 Time: 10:45 AM
  92. otion to Extend Discovery Deadline, filed.
  93. otion to Continue Pre-Trial Conference, filed.
  94. une 6, 2025. Motion to Extend Discovery Deadline and Motion to Continue Pre-Trial Conference ALLOWED. The discovery deadline is extended to July 3, 2025. The pre-trial conference set down for July 10, 2025 has been continued to July 31, 2025 at 9:15 by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 06/06/2025 12:14:18
  95. vent Resulted: Pre-Trial Conference scheduled on: 07/10/2025 10:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  96. cheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 07/31/2025 Time: 09:15 AM
  97. laintiff's Memorandum in Opposition of Defendants' Motion for Injunctive Relief, filed.
  98. ppearance of Lindsey E Vasaturo, Esq. for Verizon New England Inc., filed
  99. vent Resulted: Status Conference scheduled on: 06/12/2025 10:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding
  100. vent Resulted: Status Conference, Hearing on Defendant, Holden Municipal Light Department's Request to be allowed to move one of the Subject Electrical Poles and the Motion of Defendants, Arthur M. Sachse, Kristen L. Sachse, and Robert M. Sachse for Injunctive Relief (PI Motion) scheduled on: 06/12/2025 10:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 12, 2025. Status Conference and Hearing on Defendant, Holden Municipal Light Department's Request to be allowed to move one of the Subject Electrical Poles (Motion to Move Pole) and the Motion of Defendants, Arthur M. Sachse, Kristen L. Sachse, and Robert M. Sachse for Injunctive Relief (PI Motion) held via Zoom. Attorneys Henry Lane, Deborah I. Ecker, Lindsey E. Vasaturo, Joseph Mendes and Thomas J. Scannell appeared. Austin Holloway appeared pro se and was sworn. As the parties do not object, the Motion to Move Pole is ALLOWED; The Holden Municipal Light Department is authorized to relocate the identified subject electrical pole as laid out in its request. After argument on the PI Motion, the court finds that it has equitable jurisdiction to hear the motion. The plaintiff Lars H. Adams is ORDERED to not exit the paved portion of the private way, whether on foot or in a vehicle, where the private way abuts the Sachse property, until further order of the court. The pre-trial conference set down for July 31, 2025, will remain as previously scheduled. (Foster, J.)
  101. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Lindsey E Vasaturo, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 06/13/2025 11:21:22
  102. vent Resulted: Pre-Trial Conference scheduled on: 07/31/2025 09:15 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  103. cheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 07/30/2025 Time: 09:15 AM
  104. otion of Defendants, Arthur M. Sachse, Kristen L. Sachse, and Robert M. Sachse to Enforce Court Order and for Dismissal, filed.
  105. econd Affidavit of Arthur M. Sachse, filed.
  106. uly 23, 2025. Opposition to Motion of Defendants, Arthur M. Sachse, Kristen L. Sachse, and Robert M. Sachse to Enforce Court Order and for Dismissal due on July 28, 2025. Hearing on this motion will be set down alongside the previously scheduled Pre-Trial Conference set down for July 30, 2025 at 9:15am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Lindsey E Vasaturo, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 07/23/2025 09:54:42
  107. cheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 07/30/2025 Time: 09:15 AM
  108. oint Pre-Trial Memorandum, filed.
  109. laintiff's Opposition to Defendants' Motion to Enforce Court Order and for Dismissal, filed.
  110. vent Resulted: Motion scheduled on: 07/30/2025 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding
  111. vent Resulted: Pre-Trial Conference and Motion scheduled on: 07/30/2025 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 30, 2025. Pre-Trial Conference and hearing on Motion of Defendants, Arthur M. Sachse, Kristen L. Sachse, and Robert M. Sachse to Enforce Court Order and for Dismissal held via Zoom. Attorneys Henry Lane, Deborah I. Ecker, Christopher Pollart, James Dyer and Thomas J. Scannell appeared. Austin Holloway appeared pro se and was sworn. The parties report the dispute of the location and placement into the right of way of the remaining utility pole will be heard at trial. The court will also hear evidence on and decide the pending motion to enforce court order at trial. Mr. Adams and the Sachses are granted leave to supplement the pre-trial memorandum to include additional facts, exhibits and witnesses with regards to the motion to enforce court order. The supplemented pre-trial memorandum is due on August 29, 2025. The parties do not anticipate any motions in limine. The plaintiffs will go first with regards to claims the placement of the utility pole, while the Scannells will go first with regards to the trespass claim. Trial is tentatively set down for October 16, 2025 or October 17, 2025 dependent on courtroom availability of the Worcester County Superior Court with a view set down for October 15, 2025 at 3:00pm. The parties are to confer with their witnesses on the proposed trial dates and report to the court by August 6, 2025 said availability. Upon receipt, notice of view and trial will issue. (Foster, J.)
  112. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Lindsey E Vasaturo, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 07/31/2025 09:13:46
  113. efendant Holden Municipal Light Department's Motion for Determination of Spoliation of Evidence, filed.
  114. uly 31, 2025. The court is in receipt of Defendant Holden Municipal Light Department's Motion for Determination of Spoliation of Evidence (Spoliation Motion). The plaintiff Lars Adams is hereby ORDERED to cease all paving, repaving, graveling or other activities affecting the private way at issue in this action until further order of the court. Hearing on the Spoliation Motion is set down for August 4, 2025 at 11:00 am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Defendant: Christopher J Pollart, Esq. [email protected] Defendant: Deborah I Ecker, Esq. [email protected] Defendant: James R Dyer, Esq. [email protected] Defendant: Lindsey E Vasaturo, Esq. [email protected] Defendant: Joseph Peter Mendes, Esq. [email protected] Defendant: Thomas J Scannell, Esq. [email protected] Defendant: Austin J. Holloway [email protected] Defendant: Angela T. Holloway [email protected] Sent On: 07/31/2025 16:07:06
  115. cheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 08/04/2025 Time: 11:00 AM
  116. equest to Move Pole #2 by Austin and Angela Holloway, filed.
  117. laintiff's Opposition to Defendant Holden Municipal Light Department's Motion for Determination of Spoliation of Evidence, filed.
  118. vent Resulted: Motion scheduled on: 08/04/2025 11:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 4, 2025. Hearing on Defendant Holden Municipal Light Department's Motion for Determination of Spoliation of Evidence (Motion for Spoliation) held via Zoom. Attorneys Henry Lane, Deborah I. Ecker, Christopher Pollart, Joseph Mendes, James Dyer and Thomas J. Scannell appeared. Austin Holloway appeared pro se and was sworn. Lars H. Adams sworn. Arguments heard. After arguments, the Motion for Spoliation is ALLOWED IN PART and DENIED IN PART. Mr. Adams is permitted to complete his pavement work on the disputed area. Mr. Adams is ORDERED to place markers at the time of the view showing the boundaries of the layout of the way and the edges of the pavement in the way before the pavement work was undertaken. The parties are to submit to the court prior to trial a plan of the changes made to the property. The court is further in receipt of the Holloway's request to move pole #2. The court orders Holden Municipal Light to move pole #2 as previously indicated prior to the time of trial. The court further notes if the pole is not moved by the time of trial, it will still be considered part of this case. Upon receipt of witness availability on August 6, 2025, notice of view and trial shall issue .(Foster, J.)

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