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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-11-10
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 46 entries

Parties

Plaintiff Lazo, Francisco|Ortez De Lazo, Marta L.
Defendant Elaine Yellin 2003 Family Dynasty, Llc Trustee Of Little Cranberry Pond Nominee Trust|Woodlark Development Corp.|Caponigro, Timothy J.

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: 435829 Date: 11/10/2022
  4. and Court surcharge Receipt: 435829 Date: 11/10/2022
  5. and Court summons Receipt: 435829 Date: 11/10/2022
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. emporary Restraining Order issued to Defendant Elaine Yellin 2003 Family Dynasty, LLC trustee of Little Cranberry Pond Nominee Trust and your officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with you who receive actual notice of this order by personal service or otherwise are hereby enjoined until further order of this court from: Until further order of the court, you shall not demolish, destruct or alter the fence, shed and patio located on the strip of land at the norther border of Plaintiffs property located at 43-45 Lawn Street in Attleboro, MA and the southern border of the defendant Elaine Yellin 2003 Family Dynasty, LLC trustee of Little Cranberry Pond Nominee Trust's property which abuts Plaintiffs' property and is enclosed by said fence.
  8. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Foster, Hon. Robert B. Event: Hearing on Preliminary Injunction Date: 11/16/2022 Time: 09:30 AM
  9. ost of Issuance of TRO/PI Receipt: 435837 Date: 11/10/2022
  10. laintiff Francisco Lazo, Marta L. Ortez De Lazo Motion for a Preliminary Injunction filed.
  11. laintiff Francisco Lazo, Marta L. Ortez De Lazo Memorandum in Support of Preliminary Injunction filed.
  12. mergency Motion for Temporary Restraining Order, filed.
  13. laintiff Francisco Lazo, Marta L. Ortez De Lazo Motion for Appointment of a Special Process Server filed.
  14. laintiff Francisco Lazo, Marta L. Ortez De Lazo Motion for Appointment of a Special Process Server Allowed. Judge: Foster, Hon. Robert B
  15. laintiff Francisco Lazo, Marta L. Ortez De Lazo Ex Parte Motion for Short Order of Notice filed.
  16. laintiff Francisco Lazo, Marta L. Ortez De Lazo Ex Parte Motion for Short Order of Notice Allowed.
  17. roposed Temporary Restraining Order, filed. Judge: Foster, Hon. Robert B.
  18. otice of Docket Entry: November 10, 2022. Hearing on emergency motion for temporary restraining order and motions for preliminary injunction, short order of notice, and to appoint a special process server held in person. Attorney Susan Benham appeared. Emergency Motion for TRO ALLOWED. Plaintiff has demonstrated, through letter sent by counsel for defendant, that there is an imminent risk that defendant will remove fence, shed, and patio on November 14, 2022 without notice. Motion to appoint a special process server ALLOWED. Motion for short order of notice ALLOWED. Hearing on motion for preliminary injunction and motion for short order of notice set down for November 16, 2022 at 9:30 AM via Zoom. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Sent On: 11/10/2022 15:43:14
  19. ppearance of Stephen A Greenbaum, Esq. for Elaine Yellin 2003 Family Dynasty, LLC trustee of Little Cranberry Pond Nominee Trust, Woodlark Development Corp., Timothy J. Caponigro, filed
  20. ffidavit of Stephen Yellin, filed.
  21. ffidavit of Timothy J. Caponigro, filed.
  22. emorandum in Support of Motion for Issuance of Bond, filed.
  23. otion for Issuance of Bond, filed.
  24. vent Resulted: Hearing on Preliminary Injunction scheduled on: 11/16/2022 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding November 16, 2022. Hearing on emergency motion for temporary motion for preliminary injunction. Attorneys Susan Benham and Stephen Greenbaum appeared. Attorney Greenbaum to submit supplemental affidavit providing basis for amount of bond, based on carrying costs and expenses rather than lost profit on unit. TRO remains in place pending receipt of bond affidavit. Attorney Benham will have seven days to respond to bond affidavit once received. Attorney Greenbaum to provide current address for service on defendant. Defendant intends to file answer and counterclaim. Discovery open. Status conference set down for January 5, 2023 at 9:00 AM via Zoom. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)
  25. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Sent On: 11/17/2022 10:26:04
  26. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 01/05/2023 Time: 09:00 AM
  27. upplemental Affidavit of Stephen Yellin ,filed.
  28. laintiff's Opposition to Defendant's Motion for Issuance of Bond, filed
  29. ffidavit of Francisco Lazo, filed.
  30. ffidavit of Acceptance of Service, filed.
  31. nswer and Counterclaim of Elaine Yellin 2003 Family Dynasty, LLC trustee of Little Cranberry Pond Nominee Trust, Timothy J. Caponigro filed
  32. reliminary Injunction, issued. (Copies emailed to Attorneys Jeffery Ugino, Susan Benham, Michael Cabral, and Stephen Greenbaum) Judge: Foster, Hon. Robert B.
  33. nswer of Plaintiff's to Counterclaim of Defendant's, filed.
  34. vent Resulted: Status Conference scheduled on: 01/05/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 5, 2023. Case management conference. Attorneys Susan Benham and Stephen Greenbaum appeared. Parties are to discuss settlement and ADR, and file a status report by February 6, 2023. Discovery is open. Discovery deadline is April 5, 2023. Counsel agree to service by email. If defendant seeks to file a motion for summary judgment before the close of discovery, defendant will request a status conference before filing. Status conference set down for April 11, 2023 at 9:00 am via Zoom. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)
  35. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Sent On: 01/05/2023 12:22:41
  36. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 04/11/2023 Time: 09:00 AM
  37. oint Status Report, filed.
  38. vent Resulted: Status Conference scheduled on: 04/11/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 11, 2023. Attorneys Susan Benham, Rhonda Fogel, and Stephen Greenbaum appeared. Status conference held by Zoom. Parties report that there is one deposition remaining to complete and extension of discovery. Discovery EXTENDED. Discovery to close on May 10, 2023. Further status conference set down for May 11, 2023 at 10:15 AM by Zoom (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  39. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/11/2023 Time: 10:15 AM
  40. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Sent On: 04/12/2023 10:03:47
  41. ohn Burgess Death Certificate, filed.
  42. vent Resulted: Status Conference scheduled on: 05/11/2023 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 11, 2023. Status Conference held by Zoom. Attorneys Susan Benham, Jeffrey Ugino, and Stephen Greenbaum appeared. Parties to consider whether they would agree to a Rule 14 Summary Bench Trial. Attorney Greenbaum to continued to research the status of Mr. Burgess. Pre-Trial Conference set down for June 28, 2023 at 11:00 AM by Zoom. (Notice of docket entry sent via masscourts & email to all parties / counsel of record)
  43. cheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 06/28/2023 Time: 11:00 AM
  44. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Sent On: 05/12/2023 11:32:50 Notice of Docket Entry was generated and sent to: Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Jeffery D Ugino, Esq. [email protected] Plaintiff: Michael B Cabral, Esq. [email protected] Plaintiff: Susan M Benham, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Defendant: Stephen A Greenbaum, Esq. [email protected] Sent On: 05/12/2023 11:33:08
  45. tipulation of Dismissal, filed.
  46. vent Resulted: Pre-Trial Conference scheduled on: 06/28/2023 11:00 AM Has been: Canceled Hon. Robert B. Foster, Presiding

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