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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-16
Status Closed
Type E Filed Mrc Determine Validity Of Encumbrances, G.l. Chapter 240, 11 14
Docket 35 entries

Parties

Plaintiff Charter, Edward|The Helene Johnson And Dorothy West Foundation For Artists In Need
Defendant Town Of Oak Bluffs|Bayne, Richard|Walton, Jocelyn Coleman|Goode, Dolores|James, Andrea|Kelly, Brian|Kelly, Deborah|Hurd, Thelma|Urtecho, Robert|Hern, Daniel|Daly, Kristen|Newton, Andrew|Troost, Peter|Joyner, Jr., Hewitt R.|(coleman) Joyner, Marcia A.|Cruz, James|Cruz, Sharon|Powell, Preston|Simmons, Blythe Coleman|Knox, Angela N.|Holland, Michele

Lawyers

Docket Entries

  1. ase assigned to the Average Track per Land Court Standing Order 1:04.
  2. and Court miscellaneous filing fee Receipt: 444776 Date: 10/16/2023
  3. and Court surcharge Receipt: 444776 Date: 10/16/2023
  4. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  5. erified Complaint eFiled.
  6. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Michael L Mineau, Esq. [email protected] Plaintiff: Michael L Mineau, Esq. [email protected] Sent On: 10/24/2023 08:53:05
  7. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/29/2023 Time: 10:45 AM
  8. ummons returned to Court with service on Town of Oak Bluffs filed.
  9. ppearance of Michael A Goldsmith, Esq. for Town of Oak Bluffs, filed
  10. oint Statement of the Parties for Case Management Conference, filed.
  11. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/29/2023 Time: 10:15 AM
  12. vent Resulted: Case Management Conference scheduled on: 11/29/2023 10:45 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  13. vent Resulted: Case Management Conference scheduled on: 11/29/2023 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding November 29, 2023. Case management conference held by Zoom. Attorneys Michael L. Mineau and Michael A. Goldsmith appeared. This case seeks a declaration that the parcel shown as "Asbury Park" on the so-called "Highlands Plan" in Oak Bluffs is not subject to an implied easement. The Town states that they do not claim to have public rights in Asbury Park, but cannot consider it a buildable lot unless it is determined that no private parties have implied rights in Asbury Park. The court has determined that the owners of parcels abutting or directly across ways from Asbury Park must be given notice that they are potential interested parties. Plaintiffs are ordered to identify the current owners of lots 355-380 and 459-462 as shown on the Highlands Plan. Plaintiffs may rely on assessors records and Town will cooperate with plaintiffs in identifying owners. By December 31, 2023, plaintiffs to send notice by certified mail to identified owners with a copy of the complaint and a letter notifying the owners of the nature of the claims, that they are potentially interested parties, that they may appear in the case, and the date and time of the next case management conference, with instructions to contact the Land Court or counsel for plaintiffs for Zoom login information or other information. Plaintiffs shall file affidavit of service with the court. A continued case management conference is set down for February 7, 2024 at 9:30 am by Zoom.
  14. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael L Mineau, Esq. [email protected] Plaintiff: Geoghan Edmond Coogan, Esq. [email protected] Defendant: Michael A Goldsmith, Esq. [email protected] Sent On: 11/29/2023 12:11:39
  15. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 02/07/2024 Time: 09:30 AM (on ZOOM)
  16. ffidavit of Service, filed.
  17. otion to Modify November 29, 2023 Order to Allow Further Service on Additional Abutter, filed.
  18. otice of Docket Entry: Without objection, the Motion to Modify November 29, 2023 Order to Allow Further Service on Additional Abutter is ALLOWED. Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Michael L Mineau, Esq. [email protected] Plaintiff: Geoghan Edmond Coogan, Esq. [email protected] Defendant: Michael A Goldsmith, Esq. [email protected] Sent On: 01/11/2024 13:33:38
  19. vent Resulted: Case Management Conference scheduled on: 02/07/2024 09:30 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  20. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 02/08/2024 Time: 10:00 AM
  21. vent Resulted: Case Management Conference scheduled on: 02/08/2024 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding February 8, 2024. Continued case management conference held by Zoom. Attorneys Michael L. Mineau and Michael A. Goldsmith appeared. Interested parties Thelma Hurd, Robert Urtecho, Peter Troost, Preston Powel Blythe Coleman Simmons, Jocelyn Coleman Walton, Richard Bayne, Brian Kelley, Andrea James, and Drew Newton appeared pro se. All persons seeking to intervene as interested parties are ordered to file a motion to intervene by March 8, 2024. The motion to intervene should identify their name and address and their interest in determining whether they have an implied easement to use Asbury Park. Any person seeking to intervene pro se (that is, as self-represented), should attach as an appendix to the motion their name, address, telephone number, and email address. The motions to intervene will be decided without seeking opposition and without hearing. No persons may seek intervention after March 8, 2024 without leave of court and good cause shown. A continued case management conference is set down for March 18, 2024 at 10:30 am by Zoom. (Foster J.).
  22. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael L Mineau, Esq. [email protected] Plaintiff: Geoghan Edmond Coogan, Esq. [email protected] Defendant: Michael A Goldsmith, Esq. [email protected] Sent On: 02/08/2024 12:37:05
  23. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 03/18/2024 Time: 10:30 AM
  24. butters Motion to Intervene as Defendants, filed.
  25. rder Allowing Abutters Motion to Intervene as Defendants, issued. (Copies emailed to Attorneys Michael Mineau, Geoghan Coogan, and Michael Goldsmith, and mailed to the Interested Parties) Judge: Foster, Hon. Robert B.
  26. vent Resulted: Case Management Conference scheduled on: 03/18/2024 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 18 2024. Continued case management conference held by Zoom. Attorneys Michael L. Mineau and Michael A. Goldsmith and Geoghan Coogan appeared. Interveners Donna Herd, Andrew Newton, Angela Knox, Preston Powell, Robert Urtecho, Brian Kelly, James Cruz, Andrea James, Blythe Coleman Jocelyn Coleman Walton and Peter Troost appeared pro se. As the intervening parties are now officially apart of the case, the Court took the time to explain how the case will proceed moving forward. Attorney Goldsmith informed the Court the Town will likely take a monitoring position and allow the intervenors and plaintiffs to litigate their claims. The intervenors requested time to discuss settlement before having to file an answer and counterclaim, to which the plaintiffs agreed. The intervenors are to file an answer by June 18, 2024. A Status Conference is set down for June 25, 2024 via Zoom at 9:15AM. (Foster J.).
  27. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael L Mineau, Esq. [email protected] Plaintiff: Geoghan Edmond Coogan, Esq. [email protected] Defendant: Michael A Goldsmith, Esq. [email protected] Defendant: Andrew E Newton, Jr., Esq. [email protected] Defendant: Richard Bayne 1300 Monroe St. NE, Washington, DC 20017 Defendant: Jocelyn Coleman Walton PO Box 369, Oak Bluffs, MA 02557 Defendant: Dolores Goode 64 Crawford St, Boston, MA 02121 Defendant: Andrea James 64 Crawford St, Boston, MA 02121 Defendant: Brian Kelly [email protected] Defendant: Deborah Kelly 79 S. Main Street, Lambertville, NJ 08530 Defendant: Thelma Hurd 3818 N. University St., Visalia, CA 93291 Defendant: Robert Urtecho 3818 N. University St., Visalia, CA 93291 Defendant: Daniel Hern 101 Ridge Road, Milton, MA 02186 Defendant: Kristen Daly 101 Ridge Road, Milton, MA 02186 Defendant: Peter Troost 35 Plain Rd, Wayland, MA 01778 Defendant: Hewitt R. Joyner, Jr. 124 Highland Dr. Del Webb - The Woodlands, Spring, TX 77382 Defendant: Marcia A. (Coleman) Joyner 124 Highland Dr. Del Webb - The Woodlands, Spring, TX 77382 Defendant: James Cruz 45 Nathaniels Way, Rochester, MA 02770 Defendant: Sharon Cruz 45 Nathaniels Way, Rochester, MA 02770 Defendant: Preston Powell 11 Ross Avenue, Nyack, NY 10960 Defendant: Blythe Coleman Simmons 69 Shaw St. Unit D, Braintree, MA 02184 Defendant: Angela N. Knox 2883 Vineyards Dr., Troy, MI 48098 Defendant: Michele Holland 7776 Harlie St., Orlando, FL 32819 Sent On: 03/18/2024 15:05:44
  28. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/25/2024 Time: 09:15 AM
  29. otion to Dismiss Intervener-Defendant, filed.
  30. nswer, Affirmative Defense and Counterclaims of Intervenors Defendants, filed.
  31. vent Resulted: Status Conference scheduled on: 06/25/2024 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 25, 2024. Status Conference held by Zoom. Attorneys Michael L. Mineau and Michael A. Goldsmith and Nicholas Rosenberg appeared. Attorney Rosenberg has appeared on behalf of the defendant intervenors. Before the Court was Andrew Newton's Motion to Dismiss Intervener-Defendant. As no parties object to the Motion, Andrew Newton is DISMISSED as a party-intervenor in this case. Parties report settlement discussion have been made but unable to reach an agreement. Discovery is open and will be set to close on November 1, 2024. A status conference is set down for November 5, 2024 at 9:00AM by Zoom to discuss next steps. The Court requests the parties to confer and to provide a status report on July 25, 2024 on potential settlement progress. (Foster, J.)
  32. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael L Mineau, Esq. [email protected] Plaintiff: Geoghan Edmond Coogan, Esq. [email protected] Defendant: Michael A Goldsmith, Esq. [email protected] Defendant: Nicholas Rosenberg, Esq. [email protected] Defendant: Ashleigh A Bell, Esq. [email protected] Sent On: 06/26/2024 10:14:32
  33. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 11/05/2024 Time: 09:00 AM
  34. tipulation of Dismissal Without Prejudice, filed.
  35. tipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)

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