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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-05
Status Open
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 38 entries

Parties

Plaintiff Frye, Morgan M.
Defendant Hayes, Charles E.|Hayes, David L.

Lawyers

Docket Entries

  1. omplaint filed.
  2. ctober 5, 2023. Motion to Appoint a Special Process Server, APPROVED. (Patterson, Rec.) Judge: Patterson, Deborah J. Notice of Docket Entry was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Sent On: 10/06/2023 09:13:19
  3. ase assigned to the Average Track per Land Court Standing Order 1:04.
  4. and Court miscellaneous filing fee Receipt: 444566 Date: 10/05/2023
  5. and Court surcharge Receipt: 444566 Date: 10/05/2023
  6. and Court summons Receipt: 444566 Date: 10/05/2023
  7. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  8. otion for appointment of Special Process Server and Order of Appointment, filed.
  9. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 11/27/2023 Time: 02:00 PM Counsel notified via email.
  10. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Howard J Potash, Esq. [email protected] Sent On: 10/13/2023 13:36:25
  11. ummons returned to Court with service on Charles E. Hayes filed. Served at the last and usual place of abode on October 19, 2023 and by mailing first class mail on October 20, 2023.
  12. etter from atty. Potash requesting a short continuance of the Case Management Conference that is scheduled for November 29, 2023, filed. The court has ALLOWED that request. Case Management Conference is Rescheduled to December 22, 2023 at 10:30 am. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  13. vent Resulted: Case Management Conference scheduled on: 11/27/2023 02:00 PM Has been: Rescheduled to December 22, 2023 at 10:30 am. Hon. Diane R. Rubin, Presiding
  14. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 12/22/2023 Time: 10:30 AM Counsel notified via email.
  15. ase Management Conference Joint Statement, filed.
  16. vent Resulted: Case Management Conference scheduled on: 12/22/2023 10:30 AM Has been: Case management conference held via videoconference. Attorney Howard Potash appeared on behalf of plaintiff, and Attorney Robert Bowen appeared on behalf of defendants. Court is in receipt of the Complaint and parties' Case Management Conference Joint Statement. By way of background, Attorney Potash explained that this case involves 371 Lancaster Street, Unit 8, West Boylston (the "Property"). Counsel reported that they are engaged in settlement discussions whereby plaintiff would purchase defendants' interest in the Property. Following colloquy, by February 21, 2024, parties to file a joint status report advising as to the progress of settlement and any other matters requiring the courts attention. Status conference scheduled for February 28, 2024, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  17. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/28/2024 Time: 09:30 AM
  18. oint Status Report, filed.
  19. vent Resulted: Status Conference scheduled on: 02/28/2024 02:00 PM Has been: Status conference held via videoconference. Attorney Howard Potash appeared on behalf of plaintiff, and Attorney Robert Bowen appeared on behalf of defendants. Court is in receipt of parties' Joint Status Report. Attorney Potash advised that parties had made progress on their efforts to obtain an appraisal and proceed toward plaintiff's buyout of the defendants' interest in the property, but that his client had just informed him of an alternate legal theory that would require the filing of an amended complaint. Attorney Bowen advised that he had filed a motion to dismiss the original complaint (though the court was not yet in receipt). Following colloquy and in light of plaintiff's potential need to amend her complaint, court DEFERS ruling on defendants' motion to dismiss. By March 28, 2024, plaintiff to file an amended complaint, and, by April 28, 2024, defendants to file an answer. Status conference scheduled for June 3, 2024, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  20. efendant's Motion to Dismiss, filed.
  21. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/03/2024 Time: 09:30 AM
  22. laintiff's Opposition to Defendant's Motion to Dismiss, filed.
  23. otice of Docket Entry: On February 28, 2024, after a status conference, Attorney Potash advised the court that plaintiff intended to file an amended complaint, such that the court deferred ruling on defendant's motion to dismiss. The docket for that date states that by March 28, 2024, plaintiff to file an amended complaint, and, by April 28, 2024, defendants to file an answer, with a further status conference scheduled for June 3, 2024, at 9:30 A.M. No such amended complaint was filed and instead an opposition to the motion to dismiss was filed. Accordingly, Court hereby instructs plaintiff to file that complaint no later than April 12, 2024. To the extent there was any misunderstanding about the next steps in this case, the court sets this renewed deadline. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  24. erified First Amended Complaint, filed.
  25. nswer and Counterclaim filed by Defendants Charles E. Hayes and David L. Hayes.
  26. laintiff's Answer to Counterclaim, filed.
  27. vent Resulted: Status Conference scheduled on: 06/03/2024 09:30 AM Has been: June 3, 2024. Status conference and early intervention event held via videoconference. Attorney Howard Potash appeared on behalf of plaintiff, who was present, and Attorney Robert Bowen appeared on behalf of defendants. Court is in receipt of the Verified First Amended Complaint, defendants' Answer and Counterclaim, and Plaintiff's Answer to Counterclaim. Counsel advised that their clients would be interested in mediation and the plaintiff's possible buyout of defendants' interest to avoid the time, expense, and risk of litigation. Attorney Potash advised that a similar condominium unit in the same association recently sold for approximately $250,000, and that a potentially costly condominium assessment was anticipated in connection with apparent sinking of the condominium structure. Court and counsel also discussed defendant Charles Hayes' June 2023 healthcare proxy naming plaintiff Morgan Frye as proxy. Following colloquy, court to refer the case to Land Court Mediator Attorney Barbara Macy. Joint status report due on August 5, 2024. Diane R. Rubin, Presiding Counsel notified via email.
  28. ediation referral to Attorney Barbara J. Macy, Land Court Mediator, issued. Referred to Screening. Instructions to Mediator: N/A. Report back to Court on or before August 5, 2024. Judge: Rubin, Hon. Diane R.
  29. lternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
  30. ediation report from Land Court mediation Attorney Barbara Macy, filed.
  31. otice of Docket Entry: The court is in receipt of the Mediation Program INTERNAL REFERRAL FORM, advising that defendants have not executed a mediation agreement, whereas plaintiff has done so. Accordingly, defendants to advise in their joint status report due today, whether they intend to participate in mediation and sign the agreement, or alternatively request a discovery schedule. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  32. tty. Macy emailed the court an amendment to her report: "I received the Agreement to Mediate executed by Attorney Bowen this afternoon along with a representation that he will meet with is clients to get their signatures."
  33. oint Status Report, filed. Counsel will file a further Joint Status Report by October 11, 2024.
  34. oint Status Report, filed. Counsel will file a further Joint Status Report by December 30, 2024.
  35. oint Status Report, filed.
  36. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/14/2025 Time: 02:00 PM VIA ZOOM. Counsel notified via email.
  37. oint Status Report, filed.
  38. vent Resulted: Status Conference scheduled on: 02/14/2025 02:00 PM Has been: Status conference held via videoconference. Attorney Howard Potash appeared on behalf of plaintiff, who was present, and Attorney Robert Bowen appeared on behalf of defendants. Land Court mediator Attorney Barbara Macy was also present. Court is in receipt of the Joint Status Report (8/6/2024), Joint Status Report (10/10/2024), Joint Status Report (12/30/2024), and Joint Status Report (2/14/2024). Counsel reported parties have been involved in mediation and settlement discussions and remain hopeful that they will reach a negotiated resolution. Court encouraged the parties to continue working toward an agreement to avoid the time, expense, and risk of litigation, particularly in light of the relatively small sum that remains in dispute. In the event the parties are unable to achieve a negotiated resolution, court set the following schedule: by August 29, 2025, discovery to be complete, to include any expert designations and disclosures. By September 5, 2025, parties to file a joint status report confirming discovery is complete and advising of any other matters necessitating the court's attention. Status conference scheduled for September 10, 2025, at 9:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.

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