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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-08
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 93 entries
Disposition judgment

Parties

Plaintiff Agudosi, Hester N|Agudosi, Obiora C
Defendant Ebel 94 Llc

Lawyers

Docket Entries

  1. ORRECTED Judgment entered. (Copies emailed to Attorneys Robert Mills, Scott Owens, Daniel Perry, Neil Smola, and Keith Mitchell) Judge: Vhay, Hon. Michael D.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 427047 Date: 12/08/2021
  4. and Court surcharge Receipt: 427047 Date: 12/08/2021
  5. and Court summons Receipt: 427047 Date: 12/08/2021
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent.
  8. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 01/19/2022 Time: 12:30 PM
  9. ummons returned to Court with service on EBEL-94 LLC filed.
  10. oint Statement Pursuant to Case Management Conference Notice and Order, filed.
  11. efendant's Answer and Counterclaim, filed.
  12. vent Resulted: Case Management Conference scheduled on: 01/19/2022 12:30 PM Has been: Canceled Hon. Michael D. Vhay, Presiding
  13. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 01/19/2022 Time: 02:30 PM
  14. vent Resulted: Case Management Conference scheduled on: 01/19/2022 02:30 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  15. elephonic case management conference and initial intervention event held. All parties appeared through counsel. Plaintiffs own four contiguous parcels in Oak Bluffs, MA. They seek a declaration that they own the parcels free of any easements held by Defendant. Defendant has counterclaimed that it has an easement over plaintiffs' properties by (1) express agreement, (2) implication, (3) necessity, or (4) prescription. Defendant has not retained a surveyor to define the path of the alleged easement, but claims that the course of the alleged easement is clear on the ground. After hearing from the parties, the Court ORDERS by January 31, 2022, (1) Defendant to file an amended counterclaim that adds Plaintiffs' mortgagee as a counterclaim-defendant; and (2) Plaintiff to notify their title insurer of Defendant's counterclaim. The Court further ORDERS Defendant to file by February 28, 2022, either (1) a return of service on the newly named mortgagee or (2) a report on the status of such service. The parties agree to receive notices from the Court by electronic mail. The parties further 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 sent to counsel of record by email.
  16. efendant's Amended Counterclaim, filed.
  17. otion to Amend Complaint to Correct Misnomer, filed.
  18. nswer of Hester N. Agudosi and Obiora C. Agudosi, Trustee's of 21 MSQ Realty Trust to Amended Counterclaim of EBEL-94 LLC, filed.
  19. ithout objection, Trustee Agudosi's Motion to Correct Misnomer is GRANTED. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  20. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 03/29/2022 Time: 12:30 PM
  21. ppearance of Keith Andrew Mitchell, Esq. for PNC Bank, N.A., filed
  22. nswer to Counterclaim, filed.
  23. ummons returned to Court with service on PNC Bank, N.A. filed.
  24. oint Statement Pursuant to Case Management Conference Notice and Order, filed.
  25. ppearance of Scott C Owens, Esq. for Hester N Agudosi Trustee of 21 MSQ Realty Trust, Obiora C Agudosi Trustee of 21 MSQ Realty Trust, filed
  26. vent Resulted: Case Management Conference scheduled on: 03/29/2022 12:30 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  27. elephonic case management conference held. All parties appeared through counsel. After hearing from the parties, the Court ORDERS them to complete all discovery in this matter (both fact and expert) by September 30, 2022. The Court further ORDERS them to appear on October 14, 2022, at 10:00 AM, for a telephonic status conference. A separate notice of status conference will issue. The Court PROHIBITS the parties from filing dispositive motions without leave of the Court. The parties agree to receive notices from the Court by electronic mail. The parties further 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: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] null: File Copy Sent On: 03/30/2022 13:27:23
  28. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 10/14/2022 Time: 10:00 AM
  29. vent Resulted: Telephone Conference Call scheduled on: 10/14/2022 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  30. elephonic status conference held. All parties appeared through counsel. After hearing from the parties, the Court ORDERS the parties to confer by October 17, 2022 over the Trustees' outstanding requests for production of documents, and ORDERS the Trustees to file by October 28, 2022, if necessary, a motion to compel discovery with respect to those requests. The Court GRANTS the Trustees leave to depose Ms. Margaret Young by no later than November 30, 2022; the Trustees must file before that date any motion to compel Young's appearance at a deposition. The Court ORDERS EBEL-94 to file by November 14, 2022, and every thirty days thereafter, a report on the progress of finalization and production to the Trustees of the pending land survey. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 10/14/2022 14:51:30
  31. mail Status Report from Attorney Daniel Perry, received: "Please accept this e-mail as a report to Judge Vhay on the status of defendant's efforts to complete a survey of the driveway easement area, as directed by the Court's order after the last status conference. The defendants has engaged Douglas Hoehn of Schoefield, Barbini and Hoehn to perform the work. Mr. Hoehn has advised counsel that he expects to complete research within the next two weeks, and to send a field crew to complete the work in the first week of December. The work product should be delivered to counsel by the end of December."
  32. otion for Instructions and for Further Leave to Depose Ms. Margaret Young, filed.
  33. ertificate of Service, filed.
  34. he Court has received the Trustees' motion to further extend the deadline for completing discovery in this case. The Court ORDERS Defendants to file by November 21, 2022, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 11/16/2022 09:26:35
  35. efendant, EBEL-94, LLC's, Opposition to Plaintiffs, Hester N. Agudosi and Obiora C. Agudosi, Trustees of 21 MSQ Realty Trust's Motion for Instructions and for Further Leave to Depose Ms. Margaret Young, filed.
  36. he Court has reviewed (a) the Trustees' Motion for Instructions and for Further Leave to Depose Ms. Margaret Young, and (b) Defendants' opposition to the motion. The Court DENIES the motion. By order dated March 30, 2022, the Court ordered the parties to complete all discovery in this case by September 30, 2022. It is evident from the Trustees' motion that they knew as early as February 2022 that deposing Ms. Young might prove to be difficult. The Trustees nevertheless did not attempt to serve a subpoena on Ms. Young until October 11, 2022, after the Court's deadline for completing discovery. Counsel for the Trustees further admitted at the October 14, 2022, status conference in this matter that he hadn't moved in advance of the end of discovery for additional time, and that he had no good cause for not doing so. By order on October 14, 2022, the Court gave the Trustees leave to depose Ms. Young only because (a) Defendants didn't oppose the request, and (b) Defendants themselves needed time to prepare and disclose to the Trustees a survey. (It appears that exercise will conclude in December 2022.) The Trustees gave the Court the impression, however, that they'd served Ms. Young with a subpoena by October 14, 2022; it turns out that the Trustees hadn't achieved service. They now tell the Court that Ms. Young lives out of state, meaning that a deposition's unlikely unless the Trustees obtain letters rogatory, then commence a discovery action out of state. The Trustees offer no estimate of how much time these steps will take. The Trustees should have uncovered these problems prior to September 30, 2022, and brought them to the Court's attention before the discovery cutoff. The Court will not remedy those problems now over Defendants' objection. SO ORDERED. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 11/18/2022 15:10:05
  37. mail Further Report from Attorney Daniel Perry, received: "This is a further report on the status of defendant's effort to complete a survey of the driveway area, pursuant to the Court's order. I spoke this afternoon with Douglas Hoehn. He expects to have a draft plan to me within the next several days. If the plan is sufficient, I should have a complete document to submit to the Court within a weeks' time. If I determine that more data is needed, it might be longer than that; I will in any case make a further report to the Court after I have seen the draft. "
  38. he Court has reviewed EBEL-94's status report. The Court ORDERS EBEL-94 to file by December 28, 2022, a further status report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 12/14/2022 16:31:07
  39. urther Report from Attorney Daniel Perry by Email, received: " A further report on the survey ordered by the defendants. Having reviewed the initial plan, I have requested that Mr. Hoehn locate some further points on the property. I expect that work to ne completed in the first or second week of January, and suggest to the Court that it schedule a further status report on or before January 18, 2022. "
  40. he Court has reviewed EBEL-94's latest report. The Court ORDERS EBEL-94 to file by January 20, 2023, a further status report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 01/03/2023 09:10:49
  41. mail Report from Attorney Daniel Perry, filed.
  42. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 02/06/2023 Time: 12:00 PM
  43. vent Resulted: Status Conference scheduled on: 02/06/2023 12:00 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  44. elephonic status conference held. All parties appeared through counsel. After hearing from the parties, the Court ORDERS defendant EBEL-94 LLC to file by March 31, 2023 a Motion for Summary Judgment, in accordance with Rule 56, Mass. R. Civ. P., and Land Court Rule 4, on all of EBEL's counterclaims. The Court ORDERS plaintiff Trustees and defendant in counterclaim PNC Bank to file by May 1, 2023, any opposition to EBEL's motion and any cross-motion for summary judgment on EBEL's counterclaims. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 02/06/2023 12:50:06
  45. efendant, EBEL-94, LLC's, Motion to Extend the Time for Filing its Motion for Summary Judgment, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  46. efendant, EBEL-94, LLC's Motion to Extend time for Filing its Motion for Summary Judgment, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  47. efendant, EBEL-94, LLC's, Motion to Extend the Time for Filing and Serving its Motion for Summary Judgment (for Four (4) Days), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to Counsel of record by email.
  48. efendant/Plaintiff-in-Counterclaim's Motion for Summary Judgment, filed.
  49. efendant/Plaintiff-in-Counterclaim's Memorandum in Support of its Motion for Summary Judgment, filed.
  50. efendant/Plaintiff-in-Counterclaim's Statement of Material Facts, filed.
  51. ppendix to Defendant/Plaintiff-in-Counterclaim's Motion for Summary Judgment, filed.
  52. laintiff/Defendant-in-Counterclaim's Assented to Motion to Extend the Time for Filing and Serving its Opposition to Defendant/Plaintiff-in-Counterclaim's Motion for Summary Judgment (to May 30, 2023), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  53. laintiffs/Defendants-In-Counterclaim's Opposition and Cross-Motion for Summary Judgment, filed.
  54. laintiffs/Defendants-In-Counterclaim's Memorandum in Support of Opposition and Cross-Motion for Summary Judgment, filed.
  55. laintiffs/Defendants-In-Counterclaim's Response to Statement of Material Facts, filed.
  56. upplemental Appendix to Plaintiff/Defendant-In-Counterclaim's Opposition to Defendant/Plaintiff-In-Counterclaim's Motion for Summary Judgment , filed.
  57. ffidavit of Hester N. Agudosi, filed.
  58. he Court has reviewed the Agudosi Trustees' Response to Statement of Material Facts. Land Court Rule 4 states that a motion for summary judgment (which includes a cross-motion for summary judgment), and any opposition to a motion for summary judgment, must include "(1) a response, using the same paragraph numbers, to the moving party's statement of facts, and (2) in consecutive numbered paragraphs, a concise statement of any additional material facts which the opposing party deems relevant and necessary to the motion. Any response other than 'admitted' to a statement of fact made by the moving party, and any statement of any additional material fact, must include page or paragraph references to supporting pleadings, depositions, answers to interrogatories, admissions and affidavits, or else the facts described by the moving party as undisputed shall be deemed to have been admitted." (Emphases added.) The Trustees' statement claims numerous facts presented by EBEL are "disputed" without providing any references whatsoever to the record. (The Court ignores, for these purposes, instances where the Trustees claim that EBEL's appendix materials don't support the facts claimed.) The Trustees then conclude their statement with this: "Plaintiffs/Defendants-in-Counterclaim assert those additional material facts as set forth in the Affidavit of Hester N. Agudosi. " That statement doesn't comply with Rule 4 either. The Court thus ORDERS the Agudosi Trustees to file by June 16, 2023, an amended Response to Statement of Material Facts that complies with Land Court Rule 4. Failure to do so will lead to the consequences described in the Rule. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 06/08/2023 15:50:06
  59. laintiffs/Defendants-in-Counterclaim's Revised Response to Statement of Material Facts, filed.
  60. efendant, EBEL-94, LLC's, Motion to Extend the Time for Filing and Serving of Defendant's Response to Plaintiff's Statement of Material Facts and Memorandum in Opposition to Plaintiff's Cross-Motion for Summary Judgment, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  61. efendant/Plaintiff-In- Counterclaim's Response to Plaintiff/ Defendant-in-Counterclaim's Statement of Additional Material Facts, filed.
  62. efendant/Plaintiff-In- Counterclaim's Memorandum in Opposition to Plaintiff/ Defendant-in-Counterclaim's Cross-Motion for Summary Judgment, filed. Originally e-Filed.
  63. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 08/25/2023 Time: 10:30 AM
  64. vent Resulted: Hearing scheduled on: 08/25/2023 10:30 AM Has been: Rescheduled For the following reason: Request of Defendant(s) Hon. Michael D. Vhay, Presiding
  65. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 09/22/2023 Time: 10:00 AM
  66. vent Resulted: Hearing scheduled on: 09/22/2023 10:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  67. earing held by videoconference on the parties' cross-motions for summary judgment. All parties appeared through counsel. After hearing arguments from the parties, the Court GRANTS the Agudosis' cross- motion for summary judgment on EBEL-94, LLC's claims that they have an express easement across the Agudosis' property (and DENIES EBEL-94's motion on that issue) for the reasons stated on the record. Further, the Court GRANTS the Agudosis' cross-motion for summary judgment (and DENIES EBEL-94's motion) on EBEL-94's claims that it enjoys across the Agudosi property an easement by implication or necessity, for the reasons stated on the record. The Court DENIES both the Agudosis' cross-motion and EBEL-94's motion for summary judgment on the issue of whether EBEL-94 has a prescriptive easement across the Agudosi property, as there are genuine disputes of material fact. The Court thus ORDERS the parties to prepare for trial on these issues: (1) Has EBEL-94, or its predecessors in title to 94 East Chop Drive, actually used the so-called "common driveway" across 21 Mill Square Road for a continuous period of at least twenty years? (2) If the answer to issue #1 is yes, was that use open and obvious during that same period? (3) If the answer to issue #2 is yes, was that use adverse to whoever owned 21 Mill Square Road at that time? (As part of their case at trial, EBEL-94 also will have to show the nature and extent of the claimed prescriptive uses of the "common driveway" during the continuous twenty-year period.) The Court ORDERS the parties to appear October 17, 2023, at 10:30 AM for a telephonic pre-trial conference. A separate notice of pretrial conference will issue, but the Court GRANTS the parties leave to file a joint pre-trial memorandum by October 13, 2023, that contains only (1) a witness list, (2) the parties' estimates of the length of the trial, and (3) whether they want the Court to conduct a view. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 09/22/2023 12:37:41
  68. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 10/17/2023 Time: 10:30 AM
  69. oint Pre-Trial Memorandum, filed.
  70. vent Resulted: Pre-Trial Conference scheduled on: 10/17/2023 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  71. elephonic pre-trial conference held. All parties appeared through counsel. After hearing from the parties, the Court ORDERS the parties to appear (a) on December 8, 2023 for a view of the parties' properties; (b) by telephone on January 26, 2024 at 4:00 PM for a final pre-trial conference; and (c) on February 5, 2024, for trial at the Land Court in Boston. A separate order in advance of trial will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 10/17/2023 11:30:51
  72. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 01/26/2024 Time: 04:00 PM
  73. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 02/05/2024 Time: 09:30 AM
  74. rder in Advance of Trial, issued. (Copies emailed to Robert F Mills, Esq., Scott C Owens, Esq., Daniel C Perry, Esq., Neil Smola, Esq., and Keith Andrew Mitchell, Esq.) Judge: Vhay, Hon. Michael D.
  75. cheduled Judge: Vhay, Hon. Michael D. Event: View Date: 12/08/2023 Time: 09:00 AM
  76. esponse to Notice of Site Visit, filed.
  77. udge Vhay and his law clerk will be taking an 8:15 AM ferry to Vineyard Haven on December 8, 2023, weather permitting. They also will be arriving without a vehicle. They intend to call a taxi or Uber to get from the SSA Terminal to 21 Mill Square Road and will start the view promptly once they arrive. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 11/29/2023 10:18:44
  78. vent Resulted: View scheduled on: 12/08/2023 09:00 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  79. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 01/05/2024 Time: 09:15 AM
  80. vent Resulted: Status Conference scheduled on: 01/05/2024 09:15 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  81. elephonic status conference to clarify instructions in Order in Advance of Trial held. The Agudosis, EBEL-94, and PNC Bank appeared through counsel. The Court provided clarification in response to the parties' questions. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 01/05/2024 14:13:22
  82. laintiffs/Defendants-in-Counterclaim's Pre-Trial Brief, filed, filed.
  83. efendant/Plaintiff-in-Counterclaim's Pretrial Brief, filed.
  84. arties Agreed Upon Findings of Fact, filed.
  85. BEL-94, LLC Statement of Disputed Findings of Facts with Agudosi Responses, filed.
  86. wo Exhibit Binders, received.
  87. vent Resulted: Telephone Conference Call scheduled on: 01/26/2024 04:00 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  88. elephonic final pre-trial conference held. The Agudosis, EBEL-94, and PNC Bank appeared through counsel. The Court ORDERS the parties to appear February 5, 2024 at 9:30 AM at the Land Court in Boston for trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 01/26/2024 17:16:14
  89. vent Resulted: Trial scheduled on: 02/05/2024 09:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  90. rial held at Land Court in Boston. All parties appeared through counsel. At the conclusion of the trial, the Court took the case under advisement. At the parties' request, the Court will hold its decision pending a joint report from the parties, due February 16, 2024, concerning further settlement talks. In that report, the parties should advise the Court only if (a) they've reached a settlement, (b) they need more time for settlement, or (c) wish the Court to issue its decision. The parties should not disclose the substance of any settlement discussions. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 02/05/2024 15:57:52
  91. indings of Fact and Conclusions of Law (Rule 52, Mass. R. Civ. P.) issued. (Copies emailed to Attorneys Robert Mills, Scott Owens, Daniel Perry, Neil Smola, and Keith Mitchell) Judge: Vhay, Hon. Michael D.
  92. udgment after trial entered. (Copies emailed to Attorneys Robert Mills, Scott Owens, Daniel Perry, Neil Smola, and Keith Mitchell) Judge: Vhay, Hon. Michael D.
  93. ursuant to Rule 60(a), Mass. R. Civ. P., the Court is issuing a Corrected Judgment. The original Judgment failed to contain the orders and decrees described on page 3, footnote 1 of the Findings of Fact and Conclusions of Law docketed April 19, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Mills, Esq. [email protected] Plaintiff: Scott C Owens, Esq. [email protected] Defendant: Daniel C Perry, Esq. [email protected] Defendant: Neil Smola, Esq. [email protected] Defendant in Counterclaim: Keith Andrew Mitchell, Esq. [email protected] Sent On: 04/24/2024 09:24:00

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