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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-05
Status Open
Type Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket 66 entries

Parties

Plaintiff Capwell, Edward|Rahmann, Brenda|Lincoln, David James|Lincoln, Betsy|Harral, David F.|Harral, Barbara W.|William Mark Dennen, As Trustee Of The Dennen Nominee Trust|Susan Ann Dennen, As Trustees Of The Dennen Nominee Trust
Defendant Buck, Ronald|Buck, Jill|56 Riverside Drive Associates, Llc

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: 444545 Date: 10/05/2023
  4. and Court surcharge Receipt: 444545 Date: 10/05/2023
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the A Track. Notice sent.
  7. irst Amended Complaint eFiled.
  8. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Sent On: 10/18/2023 13:19:54
  9. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/27/2023 Time: 10:15 AM
  10. ummons returned to Court with service on Ronald Buck filed. 10/25/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
  11. ummons returned to Court with service on Jill Buck filed. 10/25/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
  12. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Ronald Buck, Jill Buck, filed.
  13. efendant, Ronald Buck's and Jill Buck's, Answer, Affirmative Defense, and Counterclaim, filed
  14. ase Management Conference Joint Statement, filed.
  15. econd Amended Complaint, filed.
  16. vent Resulted: Case Management Conference scheduled on: 11/27/2023 10:15 AM Has been: Held via video. Case management conference held by Zoom. Attorneys Benjamin E. Zehnder and Matthew J. Dunn appeared. This case concerns whether defendants have right of access to Fairbanks Drive in Harwich. Owners of Lot 2 as shown on the August 5, 2021 ANR plan recorded in Plan Book 692, No. 42, are necessary parties. Plaintiff to file and serve amended complaint adding owners as defendants by December 4, 2023, and provide new defendants with notice of the continued case management conference. A continued case management conference is set down for January 11, 2024 at 9:15 am by Zoom. Parties to confer on settlement and report to court at case management conference. Email notice to: Attorney Benjamin E. Zehnder and Attorney Matthew J. Dunn. Hon. Robert B. Foster, Presiding
  17. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected]
  18. vent Scheduled Judge: Foster, Hon. Robert B. Event: Continued Case Management Conference Hearing VIA ZOOM Date: 01/11/2024 Time: 09:15 AM Email notice to: Attorney Benjamin E. Zehnder and Attorney Matthew J. Dunn.
  19. efendants, Ronald Buck's and Jill Bucks Answer and Affirmative Defenses to Plaintiffs Second Amended Complaint and Counterclaim, filed
  20. ummons returned to Court with service on 56 Riverside Associates, LLC filed.
  21. ppearance of Bruce A Bierhans, Esq. for 56 Riverside Associates, LLC, filed
  22. oint Statement, filed.
  23. efendants 56 Riverside Drive Associates, LLC's Answers, Affirmative Defense, and Counterclaims to Plaintiff's Second Amended Complaint and Counterclaims, filed.
  24. efendant, 56 Riverside Drive Associates, LLC's Supplement to Parties Joint Statement, filed.
  25. vent Resulted: Case Management Conference scheduled on: 01/11/2024 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 11, 2024. Continued case management conference held by Zoom. Attorneys Benjamin E. Zehnder and Bruce Bierhans appeared. Discovery deadline is May 31, 2024. Status conference is set down for June 5, 2024 at 9: 15 am by Zoom.
  26. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected] Sent On: 01/11/2024 15:23:35
  27. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/05/2024 Time: 09:15 AM
  28. laintiff's Answer to Counterclaims of Defendant's Ronald Buck and Jill Buck, filed.
  29. laintiff's Answer to Counterclaims of Defendant's 56 Rtiverside Drive Associates, LLC, filed.
  30. vent Resulted: Status Conference scheduled on: 06/05/2024 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 5, 2024. Status Conference held by Zoom. Attorneys Benjamin E. Zehnder, Bruce Bierhans and Matthew J. Dunn appeared. Parties report to the Court that they need additional time in discovery. Discovery is thus extended for an additional 60 days to August 5, 2024. A Status Conference is set down for August 6, 2024 at 9:00AM by Zoom. (Foster, J.)
  31. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected] Sent On: 06/06/2024 13:15:20
  32. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/06/2024 Time: 09:00 AM
  33. vent Resulted: Status Conference scheduled on: 08/06/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 6, 2024. Status Conference held by Zoom. Attorneys Benjamin E. Zehnder, Bruce Bierhans and Matthew J. Dunn appeared. The parties report discovery is mostly complete with only depositions left to be complete. Attorney Zehnder on behalf of his clients reports to the Court the possibility of settlement with 56 Riverside Association, but reports settlement is unlikely with the Bucks. Discovery is extended to September 18, 2024. A Status Conference is set down for September 18, 2024 at 9:00am by Zoom to discuss next steps. (Foster, J.)
  34. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected] Sent On: 08/06/2024 14:49:48
  35. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 09/18/2024 Time: 09:00 AM
  36. vent Resulted: Status Conference scheduled on: 09/18/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding September 18, 2024. Status Conference held by Zoom. Attorneys Benjamin E. Zehnder, Bruce Bierhans and Matthew J. Dunn appeared. The Plaintiffs report to the Court that settlement has been reached with 56 Riverside Associates, LLC. The parties will execute an agreement and 56 Riverside Associates, LLC will be dismissed via a stipulation. The parties are requesting additional time for discovery. Discovery is extended and set to close on October 31, 2024. A Pre-Trial Conference is set down for December 17, 2024, at 10:30am by Zoom. (Foster, J.)
  37. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected] Sent On: 09/18/2024 14:39:46
  38. cheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 12/17/2024 Time: 10:30 AM
  39. oint Motion to Continue Pretrial and to Convert to Status Conference, filed.
  40. ecember 10, 2024. Joint Motion to Continue Pretrial and Convert to Status Conference ALLOWED. The pre-trial conference set down for December 17, 2024 is converted to a status conference. Discovery is OPEN and set to close on February 10, 2025. A status conference is set down for February 11, 2025 at 9:15am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected] Sent On: 12/10/2024 08:52:56
  41. vent Resulted: Pre-Trial Conference scheduled on: 12/17/2024 10:30 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  42. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/11/2025 Time: 09:15 AM
  43. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 12/17/2024 Time: 10:30 AM
  44. vent Resulted: Status Conference scheduled on: 12/17/2024 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding December 17, 2024. Status Conference held by Zoom. Attorneys Benjamin E. Zehnder, Bruce Bierhans and Matthew J. Dunn appeared. The Plaintiff reports settlement with defendant 56 Riverside Association LLC is close. The settlement will involve the granting of an easement in exchange for the release of other claims. The Bucks wish to review the proposed easement. The parties agree that documents related to this proposed settlement may be responsive to requests for production of documents. A status report on those discussions between all the parties is due on January 7, 2025. As previously ordered by this court, discovery is OPEN and set to close on February 10, 2025. The status conference set down for February 11, 2025 at 9:15am by Zoom will remain on the schedule where next steps will be discussed. (Foster, J.)
  45. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected] Sent On: 12/18/2024 09:01:37
  46. tatus Report, filed.
  47. 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 Benjamin E. Zehnder; Attorney Matthew J. Dunn; and Attorney Bruce A. Bierhans. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected]
  48. vent Resulted: Status Conference scheduled on: 02/11/2025 09:15 AM Has been: Canceled Hon. Robert B. Foster, Presiding
  49. tatus Conference scheduled for hearing on February 11, 2025 at 9:15 AM is VACATED. Status Conference via Zoom is rescheduled to February 19, 2025 at 9:30 AM. Email notice to: Attorney Benjamin E. Zehnder; Attorney Matthew J. Dunn; and Attorney Bruce A. Bierhans. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected]
  50. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 02/19/2025 Time: 09:30 AM Email notice to: Attorney Benjamin E. Zehnder; Attorney Matthew J. Dunn; and Attorney Bruce A. Bierhans.
  51. otion of Plaintiffs and Defendant Riverside Drive Associates, LLC to Dismiss Defendant 56 Riverside Drive Associates, LLC, filed.
  52. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Brendan P Cooke, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected]
  53. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Brendan P Cooke, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected]
  54. ppearance of Brendan P Cooke, Esq. for Ronald Buck, Jill Buck, filed
  55. vent Resulted: Status Conference scheduled on: 02/19/2025 09:30 AM Has been: Held via video. Attorney Benjamin E. Zehnder for plaintiffs, Attorney Brendan Cooke appeared for defendants Ronald and Jill Buck, and Attorney Bruce A. Bierhans appeared for defendant 56 Riverside Associates, LLC ("Riverside"). This dispute concerns defendants' rights to use Fairbanks Drive in Harwich, MA, which is shown on a 1989 subdivision plan. Plaintiffs contend that defendants cannot use Fairbanks Drive to access their larger properties, because they include lands not part of the original 1989 subdivision. Attorney Zehnder reported that discovery is complete, and the parties are ready for a pre-trial conference. Attorney Zehnder also reported there has been a settlement reached between plaintiffs and defendant Riverside and that he is planning on filing a motion to dismiss defendant Riverside. Attorney Cooke explained that the Buck defendants claim the right to access their property over Fairbanks Drive through their ownership of part of the fee in the drive (as owners of land in the original subdivision) and easement rights through the rest. He stated he would like to file a motion for summary judgment on the record title issue to resolve the case or limit the issues for trial. Attorney Cooke also explained that the Bucks object to dismissing Riverside from the case, contending that the easement agreement between plaintiffs and Riverside needs to be signed or approved by all the abutters to Fairbanks Drive. The court questioned whether all easement holders would need to sign the agreement and referred the parties to Cannata v. Berkshire Nat. Res. Council, Inc., 73 Mass. App. Ct. 789 (2009). Attorney Bierhans reiterated that a settlement has been reached and that Riverside is seeking to be dismissed from the case. After discussion, the court set a briefing schedule for the motion to dismiss, which Attorney Zehnder confirmed he would file today. Any opposition to the motion to dismiss should be filed 30 days after the motion is filed. Any reply is due two weeks after the opposition is filed. If necessary, a hearing will be scheduled once briefing is complete. Attorney Bierhans explained that Riverside would likely join in plaintiffs' filings rather than submit separate briefing. Email notice to: Attorney Benjamin E. Zehnder; Attorney Brendan Cooke; and Attorney Bruce A. Bierhans. Hon. Lauren E. Reznick, Presiding
  56. evised Motion of Plaintiffs and Defendant 56 Riverside Drive Associates, LLC to Dismiss Defendant 56 Riverside Drive Associates, LLC, filed.
  57. he Defendants and Plaintiffs -In-Counterclaim, Ronald Buck's and Jill Buck's, Opposition to Plaintiffs' and Defendant, 56 Riverside Drive Associates, LLC's Motion to Dismiss Defendant, 56 Riverside Drive Associates, LLC (Memorandum of Law Incorporated), filed.
  58. eply Brief of Plaintiff and Defendant 56 Riverside Drive Associates, LLC, filed.
  59. fter review of the parties' submissions on the motion to dismiss defendant 56 Riverside Drive Associates, LLC from this case, the court has determined a hearing will be necessary. The court will schedule this matter for a hearing on May 29, 2025 at 2:30 p.m. to be held in-person at the courthouse. Notice to follow. Email notice to: Attorney Benjamin E. Zehnder; Attorney Brendan Cooke; Attorney Matthew J. Dunn; and Attorney Bruce A. Bierhans. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Brendan P Cooke, Esq. [email protected] Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected]
  60. cheduled Judge: Reznick, Hon. Lauren E. Event: Motion of Plaintiffs and Defendant Riverside Drive Associates, LLC to Dismiss Defendant 56 Riverside Drive Associates, LLC ON SITE AT THE COURTHOUSE Date: 05/29/2025 Time: 02:30 PM Email notice to: Attorney Benjamin E. Zehnder; Attorney Brendan Cooke; Attorney Matthew J. Dunn; and Attorney Bruce A. Bierhans.
  61. ppearance of James Paul Lucking, Esq. for 56 Riverside Drive Associates, LLC, filed
  62. vent Resulted: Motion scheduled on: 05/29/2025 02:30 PM Has been: Held in person Hon. Lauren E. Reznick, Presiding May 29, 2025. Hearing on motion to dismiss defendant 56 Riverside Associates, LLC held in person at the courthouse. Attorney Benjamin E. Zehnder for plaintiffs, Attorney Matthew J. Dunn appeared for defendants Ronald and Jill Buck, and Attorney James P. Lucking appeared for defendant 56 Riverside Associates, LLC ("Riverside"). The court reviewed the Fairbanks Drive plans with the parties and discussed the fee ownership and easement interests in Fairbanks Drive, the proposed settlement and easement agreement between plaintiffs and Riverside, and the claims against each party. After hearing, the court concluded that dismissing Riverside at this juncture would prevent it from affording the parties complete relief on the declaratory judgment and quiet title claims and counterclaims as currently pleaded. Accordingly, the court DENIED the motion to dismiss without prejudice. To advance the asserted claims, particularly those seeking declaratory relief and to quiet title concerning the scope of rights in Fairbanks Drive, the court informed the parties that all abutters with potential ownership or easement interests in Fairbanks Drive must be must be joined as parties. This entails plaintiffs adding the owners of Lot 1 (as depicted on the 1989 Plan, Barnstable Registry, Book 459, Pg. 77) to the case as either a plaintiff or defendant. Similarly, if defendants continue to assert their own claims, they must counterclaim or crossclaim against all such joined abutters. After discussion on how to proceed, the court ORDERED plaintiff to file a status report by July 29, 2025, on the progress of seeking to amend the complaint to include all required parties. (Reznick, J.)
  63. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Brendan P Cooke, Esq. [email protected] Defendant: James Paul Lucking, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected] Sent On: 05/30/2025 11:16:43
  64. laintiff's Status Report, filed.
  65. otion of Plaintiffs for Leave to File Third Amended Complaint ({Proposed} Third Amended Complaint attached), filed.
  66. laintiffs' Motion for Leave to File a Third Amended Complaint is ALLOWED. Plaintiffs shall eFile and serve their Third Amended Complaint on existing defendants. The newly added defendant must be served by summons in accordance with Mass. R. Civ. P. 4. Given the addition of a new party and the possibility of crossclaims, defendants' deadline to file responsive pleadings to the Third Amended Complaint is extended through August 29, 2025. Email notice to: Attorney Benjamin E. Zehnder; Attorney Brendan Cooke; Attorney Matthew J. Dunn; and Attorney Bruce A. Bierhans. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Defendant: Matthew J Dunn, Esq. [email protected] Defendant: Brendan P Cooke, Esq. [email protected] Plaintiff: Benjamin E Zehnder, Esq. [email protected] Defendant: James Paul Lucking, Esq. [email protected] Defendant: Bruce A Bierhans, Esq. [email protected]

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