Your case is unique, but you are not alone.

About 41,000 new cases are filed in U.S. courts every weekday. Behind each one is a person trying to understand what happens next. Here’s what the public record can tell you about this matter — and about the people deciding it.

  • Know your judge

    Every judge has a pattern — what they grant, what they deny, how they handle the kinds of motions your case will see.

  • Know your attorney

    See an attorney’s actual track record — case types, courts, and how they’ve performed in front of this judge before.

  • Know your court

    Every courthouse has its own rhythm — filing-to-resolution times, common dispositions, how often cases like yours settle.

Is this judge more likely to rule for the plaintiff or the defendant in cases of this type?

How has your attorney actually performed in front of this judge?

AICasePredict surfaces patterns from public court records. We don’t predict outcomes and we don’t recommend changing your attorney — that’s a conversation for you and them. We just show you what the record already says.

Full Analytics Report

  • Complete case narrative
  • Judge details and rulings
  • Case disposition and outcome
  • All docket entries
  • Related cases and filings
$20
One-time purchase
Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

View Court Profile

Case Information

Filed 2022-11-09
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 140 entries
Disposition judgment

Parties

Plaintiff Highland Homes At Fort Hill I Condominiums
Defendant Scott, Bernard|198 Highland Street Condominium

Lawyers

Docket Entries

  1. omplaint filed.
  2. efendant's Motion to Extend Time to Answer Plaintiff's Complaint as Defendant was Served on November 16, 2022 and was not granted Twenty (20) Days to File an Answer before the November 21, 2022 Hearing Date, filed.
  3. ase assigned to the Average Track per Land Court Standing Order 1:04.
  4. and Court miscellaneous filing fee Receipt: 435776 Date: 11/09/2022
  5. laintiff Highland Homes at Fort Hill I Condominiums Motion for a Preliminary Injunction filed.
  6. and Court surcharge Receipt: 435776 Date: 11/09/2022
  7. and Court summons Receipt: 435776 Date: 11/09/2022
  8. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  9. he case has been assigned to the A Track. Notice sent.
  10. laintiff Highland Homes at Fort Hill I Condominium's Motion to Appoint Person to serve all Process, filed and ALLOWED (Vhay, J.).
  11. laintiff Highland Homes at Fort Hill I Condominiums Ex Parte Motion for Short Order of Notice filed. and ALLOWED (Vhay.J.)
  12. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 11/21/2022 Time: 02:30 PM
  13. laintiff Highland Homes at Fort Hill I Condominiums Memorandum in Support of Preliminary Injunction filed.
  14. eturn of Service, filed.
  15. pposition to Plaintiff's Motion for Preliminary Injunctive Relief, filed.
  16. efendant's Motion to Extend Time to Answer Plaintiff's Complaint as Defendant was Served on November 16, 2022 and was not Granted Twenty (20) Days to File an Answer before the November 21, 2022 Hearing Date, filed.
  17. he Court has received, and DENIES without prejudice to its renewal, Dr. Scott's Motion to Extend Time to Answer. Today's preliminary-injunction hearing does not shorten the twenty-day deadline for a responsive pleading, and thus the relief the motion seeks is unnecessary. SO ORDERED. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 11/21/2022 09:13:24
  18. vent Resulted: Hearing on Preliminary Injunction scheduled on: 11/21/2022 02:30 PM Has been: Continued Hon. Michael D. Vhay, Presiding
  19. t the request of defendant Scott (who contacted the Sessions Clerk directly, and not through the attorney who entered a limited appearance on his behalf), and with the assent of Highland Homes, the Court CONTINUES to November 28, 2022, at 10:30 AM, the hearing on Highland's motion for a preliminary injunction. The Court will hold the hearing at the Land Court in Boston unless a party requests by noon, November 23, 2022, to have the hearing held by videoconference. The Court further notes that Highland's complaint names as a defendant "198 Highland Street Condominium." Exhibit 2, paragraph (9), to Highland's complaint states, however, that the organization of unit owners of the 198 Highland Street Condominium is the 198 Highland Street Condominium Trust; the Condominium itself does not appear to be a legal entity. (The Declaration of Trust for the 198 Highland Street Condominium Trust is recorded at the Suffolk County Registry of Deeds in Book 13309, Page 278.) Highland's complaint hasn't named the latter trust as a defendant. The Court thus ORDERS Highland to show cause at the November 28, 2022, hearing as to why Highland's current complaint should not be dismissed as to the "198 Highland Street Condominium" for failing to name the correct party defendant. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 11/22/2022 07:59:31
  20. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 11/28/2022 Time: 10:30 AM
  21. erified First Amended Complaint filed.
  22. vent Resulted: Hearing on Preliminary Injunction scheduled on: 11/28/2022 10:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  23. earing held on plaintiff Highland Homes' motion for Preliminary Injunction. Highland Homes appeared through counsel. Defendant Dr. Bernard Scott appeared representing himself. (Dr. Scott reported he has retained Attorney Michael Britto, but Attorney Britto did not appear). Defendant 198 Highland Street Condominium Trust did not appear (although no return of service on the 198 Trust has been filed). After hearing arguments from the parties, the Court DENIES the motion, finding no irreparable harm meriting preliminary injunctive relief. The Court ORDERS Highland Homes to file by December 16, 2022, either a return of service on the 198 Trust or a status report on Highland's efforts to obtain such service. The Court further ORDERS the parties to appear by telephone for a case management conference on January 12, 2023 at 10:00 AM. A separate notice of conference will issue. The Court ORDERS Highland Homes to serve the 198 Trust promptly with a copy of the conference notice, and to file by January 5, 2023, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 11/28/2022 13:41:46
  24. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 01/12/2023 Time: 10:00 AM
  25. eturn of Service on 198 Highland Street Condominium Trust, filed.
  26. oint Statement, filed.
  27. vent Resulted: Case Management Conference scheduled on: 01/12/2023 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  28. elephonic case management conference held. All parties appeared through counsel. Plaintiff Highland Homes alleges defendant Dr. Bernard Scott and the 198 Highland Street Condominium Trust have been misusing a right-of-way by parking vehicles in it, alleging the way is limited to ingress and egress only. Highland also allege that defendants have overburdened the easement and repeatedly trespassed on Highland's property. Dr. Scott claims he has acquired a right to park on the way by prescriptive easement and adverse possession. Having heard from the parties, the Court ORDERS Dr. Scott and the 198 Highland Street Condominium Trust to file by January 27, 2023, their Answer to Highland Homes' Complaint. The Court further ORDERS the parties to complete all discovery, fact and expert, by April 28, 2023. The Court ORDERS the parties to appear by videoconference on May 18, 2023 at 10:00 AM for a pre-trial conference. The Court PROHIBITS the parties from filing dispositive motions without leave of the Court. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. : Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 01/12/2023 12:56:38
  29. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 05/18/2023 Time: 10:00 AM
  30. efendant's Answer to Plaintiff's Verified Complaint and Counterclaim of Prescriptive Easement Pursuant to G.L. 187, s. 2, filed.
  31. he Court has reviewed Dr. Scott's counterclaims. The Court ORDERS Highland Homes to disclose by January 30, 2023, whether anyone holds mortgages on any part of the land that is the subject of the counterclaims. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 01/24/2023 08:00:46
  32. otification of Mortgages, filed.
  33. upplemental Notification of Mortgages, filed.
  34. efendant's Answer to Plaintiff's Verified Complaint and Counter Claim of Prescriptive Easement Pursuant to G.L. 187, s. 2, filed.
  35. laintiff and Defendant-in-Counterclaim, Highland Homes at Fort Hill 1 Condominium Trust's Reply to Defendant's Counterclaim, filed.
  36. oint Pre-Trial Memorandum, filed.
  37. vent Resulted: Pre-Trial Conference scheduled on: 05/18/2023 10:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  38. re-trial videoconference held. The parties appeared through counsel. After hearing from the parties, the Court DISMISSES the defendants' counterclaims for adverse possession of the disputed passageway , as defendants' counsel conceded that his clients cannot prove exclusive use of the passageway during the period they contend they've used the passageway adversely to Fort Hill. The Court also DISMISSES Counts VI and VIII of Fort Hill's complaint, as Fort Hill has offered no authority for why (a) with respect to the former count, declaratory relief is insufficient; and (b) with respect to the latter, that there's a private right of action for violations of G.L. c. 266, s. 94, a criminal statute. The Court ORDERS the parties to report by May 23, 2023, whether the proposed trial dates, September 18-20, 2023, work for them. The Court further ORDERS the parties to appear by telephone on September 11, 2023, at 11:30 AM for a final pre-trial conference. A separate order in advance of trial and notice of final pre-trial conference will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 05/22/2023 09:17:45
  39. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 09/11/2023 Time: 11:30 AM
  40. ttorney Michael A. Britto Jr.'s Motion to withdraw as Dr. Bernard Scott will be Hiring Successor Counsel to Represent him in the Forgoing Matter, filed.
  41. he Court has received attorney Britto's motion to withdraw as counsel to Dr. Scott. The motion does not state that attorney Britto is withdrawing his appearance on behalf of defendant Highland Homes. If attorney Britto is moving to withdraw as counsel to Highland Homes too, the Court ORDERS attorney Britto to file by May 26, 2023, an amended motion to withdraw. The Court ORDERS Dr. Scott, by June 2, 2023, to (1) have successor counsel file an appearance on his behalf or (2) file a status report on his efforts to retain new counsel. This Order does not relieve the parties from having to report to the Court today concerning the Court's proposed September 2023 trial dates. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 05/22/2023 14:34:40
  42. ttorney Michael A. Britto Jr.'s Amended Motion to Withdraw as Dr. Bernard Scott and 198 Highland Condominium Trust will be Hiring Successor Counsel to Represent them in the Forgoing Matter, filed.
  43. he Court has received attorney Britto's amended motion to withdraw as counsel to both defendants. The Court ORDERS defendants, by June 2, 2023, to (1) have successor counsel file an appearance on their behalf or (2) file a status report on their efforts to retain new counsel. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 05/22/2023 15:40:40
  44. rder in Advance of Trial, issued. (Copies emailed to Attorney Joshua Segal and mailed to Defendant Dr. Scott) Judge: Vhay, Hon. Michael D.
  45. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 09/18/2023 Time: 09:30 AM
  46. cheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 09/19/2023 Time: 09:30 AM
  47. cheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 09/20/2023 Time: 09:30 AM
  48. cheduled Judge: Vhay, Hon. Michael D. Event: View Date: 09/18/2023 Time: 08:30 AM
  49. mail from Dr. Bernard Scott, filed.
  50. he Court has received an e-mail from Dr. Scott personally. The e-mail indicates that he's looking for an attorney, but that he nevertheless wants the Court to take action in the interim. The Court treats Dr. Scott's e-mail as assenting to attorney Britto's withdrawal as his personal attorney and as a request that Dr. Scott be able to represent himself until further notice. The Court GRANTS that request, and GRANTS attorney Britto leave to withdraw as Dr. Scott's counsel. The Court DIRECTS the Recorder to note on MassCourts that Dr. Scott is now representing himself. By this Order, the Court is not relieving any of the parties from any of the terms of the Court's Order in Advance of Trial, and is not changing any of the deadlines in that Order. Dr. Scott observes in his e-mail that the Order in Advance of Trial does not address any issues regarding trees allegedly cut by plaintiff Fort Hill (who's a party to this case) and/or Tracey Johnson (who's not a party to this case personally). The Order doesn't list any claims by Dr. Scott or Highland Street regarding cut trees because Dr. Scott and Highland Street's Counterclaim does not state a claim against Fort Hill for any such cutting. The only allusion to tree cutting appears in the Counterclaim's request for relief; there's nothing in the Counterclaim, however, that alleges that either Dr. Scott or Highland Street owned trees and that Fort Hill cut them down impermissibly. The Court won't consider adding tree-cutting claims to the upcoming trial unless Dr. Scott and/or Highland Street moves to amend their Counterclaim under Rule 15(a) of the Massachusetts Rules of Civil Procedure. (Since the Court has set deadlines for trial, Dr. Scott should file any such motion promptly.) Dr. Scott also wants the Court to reconsider its dismissal of his adverse-possession claim. He must file a written motion asking the Court to do that. (Again, with trial looming, any such motion should be filed promptly.) In that motion, Dr. Scott must identify what evidence he has that shows he used the entire Passageway (or portions of it) "exclusively" for a continuous period of 20 years or more. His counsel stated at the pretrial conference in this matter that while Dr. Scott had evidence of twenty years or greater use of the Passageway - evidence that may be sufficient to prove Dr. Scott's acquired an easement by prescription -- he lacked evidence that such use was "exclusive" for that period. Proof of "exclusive" use is needed in ordered to prove a person's acquisition of fee title in property owned as a matter of record by someone else. The Court does not grant at this time attorney Britto's motion to withdraw as counsel to defendant Highland Street. Highland Street is a trust. Generally speaking, a single trustee or beneficiary of a trust (such as Dr. Scott) who's not an attorney may not represent the trust in a lawsuit. Highland Street thus must retain replacement counsel for attorney Britto before the Court will grant him leave to withdraw as Highland Street's counsel. SO ORDERED. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 06/01/2023 09:39:26
  51. ttorney Michael A. Britto Jr.'s Motion to Withdraw as 198 Highland Condominium Trust's Counsel as Attorney Britto's Representation would be a Conflict of Interest Due to Attorney Britto Representing Dr. Bernard Scott in: Altheea bailey as Trustee of 198 Highland Street Condominium Trust et al v. Bernard Scott, Docket Number 2184CV1847 in Suffolk Superior Court as that Case did not Resolve as Anticipated, filed.
  52. he Court has received a second motion by attorney Britto to withdraw his appearance as counsel to the 198 Highland Street Condominium Trust. The Court ORDERS attorney Britto to serve on every person who claims to be a trustee of the Trust a copy of (a) his first motion to withdraw, (b) his second motion to withdraw, (c) the Court's two electronic orders in this case dated May 22, 2023, (d) the Court's May 31, 2023 electronic order in this case, and (e) a copy of this order. The Court EXTENDS to June 9, 2023, the deadline for the Condominium Trust to have successor counsel file an appearance or to report on the Trust's efforts to retain successor counsel. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Sent On: 06/01/2023 09:41:31
  53. ttorney Michael. A. Britto Jr.'s Affidavit Stating Compliance with the Land Court Order of June 1, 2023., filed.
  54. otion for Leave to Amend Pursuant to M.R. Civ. P. 15(a), filed.
  55. he Court has received Dr. Scott's motion to amend his counterclaim. The Court ORDERS Fort Hill to file by June 16, 2023, any opposition to the motion. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 06/05/2023 13:57:34
  56. aura Darnieder and Althea Bailey's Motion to Extend Time to Enlarge Successor Counsel for 198 Highland Street Condominium Trust, filed.
  57. he Court has received the assented-to motion of Laura Darnieder and Althea Bailey for a two-week extension of time to report on defendant Highland Street's efforts to retain successor counsel. The Court will enter them and their counsel's appearances in this action as "interested parties," but will not decide at this time whether they speak for Highland Street. The Court ORDERS Dr. Scott (in his individual capacity) to file by June 12, 2023, any opposition to the motion for an extension of time. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Sent On: 06/05/2023 16:06:22 Notice of Docket Entry was generated and sent to: Defendant: Bernard Scott [email protected] Sent On: 06/05/2023 16:08:28
  58. ernard Scott Motion to Extend Time to Engage Successor Counsel for 198 Highland Street, filed.
  59. he Court has received Dr. Scott's Motion to Extend Time for Highland Street to Engage Successor Counsel. The Court treats the motion as an assent to the motion filed by alleged Highland Street trustees Darneider and Bailey. Without deciding whether Dr. Scott, Ms. Darneider, and/or Ms. Bailey has legal authority to make litigation decisions on behalf of the defendant Trust, the Court GRANTS the extension requests and ORDERS Highland Street to file by June 23, 2023, a report on its efforts to retain successor counsel in this action. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 06/06/2023 09:23:36
  60. etter to the Court, filed.
  61. otion for Reconsideration, filed.
  62. he Court has received from Dr. Scott a Motion for Reconsideration and accompanying letter. The Court ORDERS Fort Hill to file by June 22, 2023, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 06/08/2023 12:45:21
  63. laintiff's Consolidated Opposition to Defendant Bernard Scott's Motion to Amend and Motion for Reconsideration, filed.
  64. etter to the Court, filed.
  65. etter to the Court from Bernard Scott, filed.
  66. he Court has received correspondence from Dr. Scott and interested parties Bailey and Darneider concerning the efforts of Highland Street's Trustees (whoever they are) to retain substitute counsel. The Court ORDERS Dr. Scott, Ms. Bailey, and Ms. Darneider to file by July 14, 2023, a further report on those efforts, unless before that date an attorney enters an appearance on behalf of whoever's duly authorized as Trustees. This Court does not intend to decide who the Trustees are, or under what circumstances they may act, unless that issue is relevant to one already presented in the parties' pleadings. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 06/28/2023 07:57:10
  67. ppearance of Elaine M Carey, Esq., Christopher J Donnelly, Esq. for 198 Highland Street Condominium, filed
  68. greement for Judgment Concerning Claims Involving Defendant 198 Highland Street Condominium Trust, filed.
  69. he Court has received notices of appearance by attorneys Donnelly and Carey, claiming to represent the 198 Highland Street Condominium Trust. Those attorneys have executed with Plaintiff's counsel an agreement for judgment concerning the claims in this case that implicate that Trust. The Court ORDERS Dr. Scott, in his capacity as a trustee of the 198 Highland Street Condominium Trust, to file by July 7, 2023, (a) any objection to the attorneys' appearances, and (b) any opposition to the Court approving the agreement for judgment. Should Trustee Scott do either, he must report by July 7, 2023, his account of the Trust's efforts to retain successor counsel. The Court will not rule on attorney Britto's motion to withdraw as counsel to the Trust unless and until the Court learns Trustee Scott's position regarding the appearances of attorneys Donnelly and Carey in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 06/30/2023 16:26:12
  70. etter to the Court, filed.
  71. xhibit, filed.
  72. he Court has reviewed Dr. Scott's opposition to the notices of appearance filed by purported counsel to the 198 Highland Street Condominium Trust and the Trust's agreement for judgment with plaintiff Fort Hill. The Court GRANTS attorney Michael Britto's motion for leave to withdraw as counsel to 198 Highland Street Condominium Trust. The Court ORDERS the parties to appear for a hearing by videoconference on July 26, 2023, at noon for a hearing on whether the Court should approve the agreement for judgment. Should Dr. Scott oppose approval of the agreement for judgment, the Court will require him and the interested parties who claim to be trustees of the 198 Highland Street Condominium Trust to explain the status of their litigation concerning who has authority to make decisions on behalf of the Trust. The Court also will consider at the hearing whether to sever all claims involving the Trust from the September 2023 trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Michael A Britto, Jr., Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Sent On: 07/10/2023 18:08:26 Notice of Docket Entry was generated and sent to: Defendant: Bernard Scott [email protected] Sent On: 07/10/2023 18:20:11
  73. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 07/26/2023 Time: 12:00 PM
  74. vent Resulted: Hearing scheduled on: 07/26/2023 12:00 PM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  75. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 08/11/2023 Time: 11:00 AM
  76. o-Defendant 198 Highland Street Condominium Trust's Reply to Co-Defendant Bernard Scott's Letter to Court Dated July 6, 2023, filed.
  77. ffidavit of Althea Bailey in Support of Co-Defendant 198 Highland Street Condominium Trust's Reply to Co-Defendant Bernard Scott's Letter to Court Dated July 6,2023, filed.
  78. ffidavit of Laura Darnieder in Support of Co-Defendant 198 Highland Street Condominium Trust's Reply to Co-Defendant Bernard Scott's Letter to Court Dated July 6,2023, filed.
  79. ffidavit, filed.
  80. ffidavit, filed.
  81. vent Resulted: Hearing scheduled on: 08/11/2023 11:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  82. earing held by videoconference on motion for approval of agreement for judgment. Plaintiff Fort Hill and interested parties Laura Darnieder and Althea Bailey appeared through their counsel. Counsel claiming to represent the 198 Highland Street Condominium Trust also appeared. Defendant Dr. Bernard Scott appeared representing himself. After hearing from the parties, the Court concludes there's a live dispute in Superior Court concerning 198 Highland Street Condominium Trust's trustees; the Court thus SEVERS all of that Trust's claims in this case for now, and will not decide any of them at the upcoming trial, without prejudice to the parties' rights to move for a continuance of the trial. The Court CONTINUES consideration of the motion to approve the agreement for judgment until after the Superior Court resolves (or declines to resolve) the trustee dispute. The Court ORDERS Dr. Scott and Fort Hill to appear on August 29, 2023 at 11:00 AM for a hearing on Dr. Scott's motion for reconsideration of the Court's dismissal of his adverse possession claims and his motion to amend his complaint. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 08/11/2023 15:04:56
  83. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 08/29/2023 Time: 11:00 AM
  84. vent Resulted: Pre-Trial Conference scheduled on: 09/11/2023 11:30 AM Has been: Continued Hon. Michael D. Vhay, Presiding
  85. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 09/11/2023 Time: 11:00 AM
  86. otion to Continue Trial, filed.
  87. he Court has received Plaintiff's motion to continue the trial. The Court ORDERS Dr. Scott to file by August 28, 2023, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 08/22/2023 09:20:24
  88. otion to Delay Trial, filed.
  89. he Court has received from Dr. Scott, purportedly on behalf of himself and the 198 Highland Street Condominium Trust, a motion to delay trial. The Court previously severed the Trust's claims from this case and postponed any trial on claims involving the Trust; thus, that aspect of Dr. Scott's motion (assuming he has standing to raise claims on the Trust's behalf) is thus DENIED as moot. As for the rest of Dr. Scott's motion, the Court treats the motion as an assent to Plaintiff's earlier motion to postpone any trial involving Plaintiff and Dr. Scott. The Court thus GRANTS Plaintiff and Dr. Scott's motions to postpone the trial date. The Court thus CANCELS the September 2013 trial of this case (as well as the September 11, 2023, final pretrial conference). Plaintiff and Dr. Scott still must appear for the August 29, 2023, hearing on Dr. Scott's motion for reconsideration of the dismissal of his adverse-possession claims and his motion to amend his complaint to add a "tree cutting" claim. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 08/28/2023 10:40:56
  90. vent Resulted: Telephone Conference Call scheduled on: 09/11/2023 11:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  91. vent Resulted: View scheduled on: 09/18/2023 08:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  92. vent Resulted: Trial scheduled on: 09/18/2023 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  93. vent Resulted: Ongoing Trial scheduled on: 09/19/2023 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  94. vent Resulted: Ongoing Trial scheduled on: 09/20/2023 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  95. vent Resulted: Hearing scheduled on: 08/29/2023 11:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  96. earing held by videoconference on Dr. Scott's motion for reconsideration and his motion to amend his counterclaims. Dr. Scott appeared representing himself. Plaintiff appeared through counsel. After hearing argument, the Court GRANTS Dr. Scott's motion for reconsideration. The Court will include among the issues for trial whether Dr. Scott (individually) has taken title to the Passageway by adverse possession. The Court DENIES, however, his motion to amend his counterclaims, as the two allegedly destroyed shade trees were not on land that Dr. Scott owns personally. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 08/29/2023 11:37:54
  97. he Court has reviewed the audio recording of the June 27, 2023, hearing in the Superior Court case involving Dr. Scott and the claimed trustees of the Highland Street Condominium Trust, Mss. Darneider and Bailey. It appears from the recording that the Superior Court granted at the hearing Darneider and Bailey's motion to enjoin Dr. Scott from taking unilateral action as a trustee of the Highland Street Condominium Trust. This Court hasn't found on the docket of the Superior Court action, however, either the text of the proposed injunction or the Superior Court justice's signed endorsement of it. After granting the motion, however, the justice asked the parties what issues remained for trial. Counsel for Darneider and Bailey identified two issues, the second of which was Dr. Scott's claim that a particular trustee election was invalid. (Counsel contended, however, that the election claim was now moot.) With the assent of the parties, the justice then referred the case to mediation and set a pretrial conference for October 18, 2023. In light of these events, this Court ORDERS Darneider, Bailey and Scott to file by October 25, 2023, a report on the status of the Superior Court action. Should the Superior Court action not be resolved by October 25, 2023, and if the Superior Court's pretrial conference goes forward on October 18, 2023, Darneider, Bailey and Scott must attach to their status report in this action a copy of any pretrial memorandums they file, jointly or severally, in the Superior Court action. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 09/25/2023 15:41:35
  98. tatus Report Filed by Althea Bailey and Laura Darnieder on Behalf of the 198 Highland Street Condominium Trust, filed.
  99. tatus Report from Mr. Scott, filed.
  100. he Court has reviewed status reports of defendants Darneider, Bailey, and Scott. The Court ORDERS them to file by November 27, 2023, a further report on the status of their Superior Court lawsuit. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 10/30/2023 15:27:05
  101. tatus Report from Mr. Scott, filed.
  102. tatus Report Filed by Althea Bailey and Laura Darnieder on Behalf of the 198 Highland Street Condominium Trust, filed.
  103. he Court has reviewed Dr. Scott, Ms. Bailey, and Ms. Darnieder's status reports. The Court ORDERS the three to file by December 29, 2023, a further status report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 11/28/2023 09:38:44
  104. tatus Report Filed by Althea Bailey and Laura Darnieder on Behalf of the 198 Highland Street Condominium Trust, filed.
  105. he Court has reviewed the status report filed by Condominium Trustees Bailey and Darnieder. The Court ORDERS Dr. Scott to show cause in writing by January 2, 2024, why this Court should not (a) give credit to the Superior Court's order identifying the Condominium's current trustees and (b) grant the motion filed by Trustees Bailey and Darnieder to approve a settlement of those claims to which the Condominium Trust is a party. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 12/21/2023 15:23:55
  106. etter to the Court from Mr. Bernard Scott, filed.
  107. he Court has reviewed Dr. Scott's response to the Court's show-cause order. The Court ORDERS the purported trustees of the Highland Street Condominium to report every 30 days on the status of Dr. Scott's motion for reconsideration of the Superior Court's December 2023 order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 01/02/2024 11:37:14
  108. tatus Report Filed by Althea Bailey and Laura Darnieder on Behalf of the 198 Highland Street Condominium, filed.
  109. he Court has reviewed Mss. Bailey and Darnieder's status report. The Court ORDERS Dr. Scott to show cause in writing by January 12, 2024, why this Court should not grant their motion for approval of a settlement between the Highland Street Condominium Trust and plaintiff Highland Homes at Fort Hill I Condominiums. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 01/05/2024 10:11:33
  110. r. Scott Show Cause Letter, filed.
  111. he Court has received Dr. Scott's response to the Court's show-cause order. The Court ORDERS the parties to appear by videoconference on February 6, 2024, at noon, for a continued hearing on the defendant trustees' motion to approve settlement. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 01/10/2024 10:45:26
  112. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 02/06/2024 Time: 12:00 PM
  113. vent Resulted: Hearing scheduled on: 02/06/2024 12:00 PM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Michael D. Vhay, Presiding
  114. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 02/07/2024 Time: 12:00 PM
  115. vent Resulted: Hearing scheduled on: 02/07/2024 12:00 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  116. urther hearing held by videoconference on Plaintiff and defendant 198 Highland Street Condominium Trust's motion to approve agreement for judgment. Plaintiff appeared by counsel. Counsel for interested parties Bailey and Darneider, the majority trustees of 198 Highland Street CT, appeared. Dr. Scott appeared representing himself. Having heard from the parties, the Court APPROVES the June 30, 2023, agreement for judgment (the "AFJ") and ENTERS as an order of the Court the text of the AFJ following "Requested Entry of Judgment" (AFJ pages 6-8). The Court ACCEPTS 198 Highland Street CT's stipulation that approval of the AFJ is without prejudice to Dr. Scott's arguments, in this or any other court, that the First Amendment to 198 Highland Street Condominium Master Deed is valid and binding. The Court ORDERS Plaintiff and Dr. Scott to appear for a continued pretrial videoconference on March 28, 2024 at Noon, to (a) identify all of the parties' trial witnesses, on all of their disputed claims (including those claims reinstated in August 2023), (b) ascertain the length of a trial, and (c) set trial dates. A separate notice of videoconference will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to Pro Se and counsel of record by email.
  117. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 03/28/2024 Time: 12:00 PM
  118. oint Pre-Trial Memorandum, filed.
  119. vent Resulted: Pre-Trial Conference scheduled on: 03/28/2024 12:00 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  120. ontinued pre-trial videoconference held. Plaintiff Highland Homes at Fort Hill I Condominiums appeared through counsel. Defendant Dr. Bernard Scott appeared representing himself. After hearing from the parties, the Court ORDERS the parties to appear by telephone at 12:00 PM on May 17, 2024, for a final pre-trial conference. The Court ORDERS the parties to confer with their witnesses and jointly report by April 4, 2024, their availability for the proposed trial dates (May 29-31, 2024) or, in the event of a substantial conflict, June 17, 18, and 20, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 03/28/2024 17:11:20
  121. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 05/17/2024 Time: 12:00 PM
  122. econd Order in Advance of Trial, issued. (Copies emailed to Attorneys Joshua Segal, Christopher Donnelly, Elaine Carey, and Shannon Slaughter, and Pro Se Respondent Bernard Scott) Judge: Vhay, Hon. Michael D.
  123. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 05/29/2024 Time: 09:30 AM
  124. cheduled Judge: Vhay, Hon. Michael D. Event: Ongoing Trial Date: 05/30/2024 Time: 09:30 AM
  125. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 05/31/2024 Time: 09:30 AM
  126. cheduled Judge: Vhay, Hon. Michael D. Event: View Date: 05/29/2024 Time: 08:30 AM
  127. otion in Limine to Limit Repetitive Testimony, filed.
  128. otion in Limine to Require Dr. Scott to Testify Via Question and Answer instead of Via Narrative, filed.
  129. laintiff Highland Homes at Fort Hill 1 Condominimum Trust Pretrial Brief, filed.
  130. efendant's Pre-Trial Brief, filed.
  131. efendants Bernard Scott / 198 Highland Street Condominium Trust Proposed but Disputed Findings of Fact, filed.
  132. laintiff Highland Homes at Fort Hill 1 Condominimum Trust's Proposed but Disputed Findings of Fact, filed.
  133. greed Findings of Fact, filed.
  134. vent Resulted: Telephone Conference Call scheduled on: 05/17/2024 12:00 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  135. elephonic final pre-trial conference held. Highland Homes appeared through counsel. Dr. Scott appeared on his own behalf. The Court ORDERS the parties to appear at 8:30 AM on May 29, 2024 at 41 Fulda Street in Roxbury, Massachusetts for a view of the parties' properties, with the first day of trial to follow at the Land Court in Boston. The Court ORDERS Dr. Scott to prepare and bring with him to Court an outline for his testimony (with copies for the Court and Highland Homes). The Court ORDERS Dr. Scott to share with Highland Homes by May 17, 2024 the order of his witnesses for the first day of trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joshua M Segal, Esq. [email protected] Defendant: Christopher J Donnelly, Esq. [email protected] Defendant: Elaine M Carey, Esq. [email protected] Interested Party: Shannon F Slaughter, Esq. [email protected] Defendant: Bernard Scott [email protected] Sent On: 05/20/2024 08:46:49
  136. vent Resulted: View scheduled on: 05/29/2024 08:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  137. vent Resulted: Trial scheduled on: 05/29/2024 09:30 AM Has been: Held - First Day of Trial Hon. Michael D. Vhay, Presiding
  138. rial Ends.: Ongoing Trial scheduled on: 05/30/2024 09:30 AM Has been: Held - Trial Ends Hon. Michael D. Vhay, Presiding
  139. vent Resulted: Trial scheduled on: 05/31/2024 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  140. indings of Fact and Conclusions of Law (Rule 52, Mass. R. Civ. P.) issued. (Copies emailed to Attorneys Joshua Segal, Christopher Donnelly, Elaine Carey, and Shannon F Slaughter, and to Pro Se Respondent Bernard Scott) Judge: Vhay, Hon. Michael D.

See the patterns behind this case

The free view above tells you who’s in the room. The detailed reports below show how the room tends to behave — using the same public records lawyers quietly rely on before every hearing.

  • Judge Report

    How this judge has ruled in cases like yours — case mix, motion outcomes, and historical docket. Judges set the floor of what’s possible in your courtroom.

  • Attorney vs Judge Report

    Everything in the Judge Report, plus how your attorney has actually performed in front of this judge. Attorneys move you off the floor — or don’t.

One-time payment, no subscription. Reports describe past public court activity — they don’t predict outcomes and they aren’t legal advice.

Get Free Case Details

Enter your email to receive case information including parties, docket entries, and status updates.

By submitting you agree to our Privacy Policy.

Need this case removed? Enter your email above — the confirmation email includes a case removal link.

Legal Analytics Has Been Featured In

Featured in Forbes, Bloomberg, The New Yorker, Above The Law, American Bar Association, and more