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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-22
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 53 entries
Disposition judgment entered

Parties

Plaintiff Kellett, Martine
Defendant Caron, Mark|Walsh, Robert|Brown Smith, Janine|La Pointe, Paul|Thomson, Donald|Olde Salem Village Condominium Trust

Lawyers

Docket Entries

  1. udgment entered. (Copies emailed to Attorneys Robert Nislick and Christopher Matheson) Judge: Foster, Hon. Robert B.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 443461 Date: 08/22/2023
  4. and Court surcharge Receipt: 443461 Date: 08/22/2023
  5. and Court summons Receipt: 443461 Date: 08/22/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. ppearance of Christopher A Matheson, Esq. for Mark Caron Trustee of the Olde Salem Villiage Condominium Trust, Robert Walsh Trustee of the Olde Salem Village Condominium Trust, Janine Brown-Smith Trustee of the Olde Salem Village Condominium Trust, Paul LaPointe Trustee of the Olde Salem Village Condominium Trust, Donald Thomson Trustee of the Olde Salem Village Condominium Trust, Olde Salem Village Condominium Trust, filed
  8. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Sent On: 08/29/2023 15:16:43
  9. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 09/05/2023 Time: 09:00 AM
  10. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 10/05/2023 Time: 09:00 AM
  11. efendants' Answer to Complaint, filed.
  12. ase Management Conference Joint Statement, filed.
  13. vent Resulted: Case Management Conference scheduled on: 10/05/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 5, 2023. Case management conference held by Zoom. Attorneys Robert Nislick and Christopher A. Matheson appeared. This case concerns a dispute over the replacement of a deck railing and the application of the defendant condominium's regulations. Parties to confer on settlement and file a status report on November 6, 2023. Discovery is open. Discovery closes April 26, 2024. Status conference is set down for April 26, 2024, at 9:00 am by Zoom.
  14. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Sent On: 10/06/2023 08:41:59
  15. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 04/26/2024 Time: 09:00 AM
  16. tatus Report, filed.
  17. mail Update: "Dear Mr. Brennan, The parties respectfully jointly request that the status conference that is presently scheduled for tomorrow morning April 26, 2024, before Judge Foster, be continued several weeks. Written discovery is done and party depositions are scheduled to take place on May 13 and May 14. After the depositions are complete, counsel anticipates asking the court to set a schedule for any motions for summary judgment that the parties may file. Thanks for your attention to this matter. Regards, Rob Robert Nislick Attorney at Law"
  18. pril 25, 2024. The April 26, 2024 status conference is continued to May 22, 2024 at 9:00 am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Sent On: 04/25/2024 12:24:54
  19. vent Resulted: Status Conference scheduled on: 04/26/2024 09:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  20. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/22/2024 Time: 09:00 AM
  21. mail Update: "Dear Mr. Brennan, The parties respectfully jointly request that the status conference that is presently scheduled for Wednesday, May 22, 2024, at 9:00 am before Judge Foster, be continued for 2-3 weeks. Written discovery is done and party depositions are complete. The parties are engaged in settlement negotiations at this time, and may be able to resolve the matter without further involvement of the Court. Thanks for your attention to this matter. Regards, Christopher Matheson"
  22. ay 21, 2024: The May 22, 2024 status conference is continued to June 12, 2024 at 9:00 am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Sent On: 05/21/2024 11:42:49
  23. vent Resulted: Status Conference scheduled on: 05/22/2024 09:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  24. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/12/2024 Time: 09:00 AM
  25. vent Resulted: Status Conference scheduled on: 06/12/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 12, 2024. Status Conference held by Zoom. Attorneys Robert Nislick and Christopher A. Matheson appeared. The parties report to the Court they are unable to reach a settlement and wish to proceed with hearing this matter through motions for summary judgment. Plaintiff's Motion for Summary Judgment is due August 12, 2024, opposition and cross motions for summary judgment due on September 12, 2024, and the response to the opposition and cross motion is due September 26, 2024. The hearing on Summary Judgment is set down for October 1, 2024 in person at the Courthouse in Boston at 10:00AM. If parties determine that facts are in dispute, they shall seek a status conference with the court to discuss the next steps in the case. (Foster, J.)
  26. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Sent On: 06/13/2024 09:40:29
  27. cheduled Judge: Foster, Hon. Robert B. Event: Summary Judgment Hearing Date: 10/01/2024 Time: 10:00 AM
  28. laintiff's Motion for Summary Judgment, filed.
  29. tatement of Material Facts in Support of Plaintiff's Motion for Summary Judgment, filed.
  30. rief in Support of Plaintiff's Motion for Summary Judgment, filed.
  31. ffidavit of Martine Kellet, filed.
  32. ffidavit of David Scherer, filed.
  33. ffidavit of James Fuller, filed.
  34. ffidavit of Counsel, filed.
  35. ppendix, filed.
  36. efendant's Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment, filed.
  37. rief in Support of Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment, filed.
  38. tatement of Material Facts in Support of Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment, filed. (Courtesy Copy received on September 13, 2024)
  39. ffidavit of Donald Thomson in Support of Defendants' Cross-Motion for Summary Judgment, filed.
  40. efendant's Appendix - Index of Exhibits, filed. (Courtesy Copy received on September 13, 2024)
  41. laintiff's Opposition to Defendants' Cross-Motion for Summary Judgment, filed.
  42. laintiff's Response to Defendants' Statement of Additional Material Facts, filed.
  43. rief in Support of Plaintiff's Opposition to Defendants' Cross-Motion for Summary Judgment, filed.
  44. ffidavit of Martine Kellett in Support of Opposition to Defendants' Cross-Motion for Summary Judgment, filed.
  45. vent Resulted: Summary Judgment Hearing scheduled on: 10/01/2024 10:00 AM Has been: Held in person Hon. Robert B. Foster, Presiding October 1, 2024. Hearing on Cross Motions for Summary held in person at the Courthouse in Boston. Attorneys Robert Nislick and Christopher A. Matheson appeared. Arguments heard. The parties are given until October 8, 2024 to communicate to the Court if they would like to convert these arguments to be considered as a case stated rather than as motions for summary judgment. If the case is converted to a case stated, the Court will set down a view. If not, the cross- motions will be taken under advisement. (Foster, J.)
  46. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Sent On: 10/02/2024 08:35:50
  47. mail update form Attorney Robert Nislick "Dear Mr. Brennan, At the hearing last week, the Court requested that the parties confer on whether to take a view of the property and convert the motions for summary judgment to a case stated. Attorney Matheson and I have communicated and the parties are in favor of doing that. Also, the parties are in active settlement discussions but at the moment the case still has not resolved. We will update the court in the event the case settles. In any event, the parties are willing to schedule a view in the near future. Yours truly, Rob" Judge: Foster, Hon. Robert B.
  48. ctober 11, 2024. The parties have agreed that the cross-motions for summary judgment will be converted to a case stated, with the court to take a view. A view is set down for November 18, 2024 at 8:30 am. Upon completion of the view, the case stated will be taken under advisement. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Sent On: 10/11/2024 08:35:11
  49. cheduled Judge: Foster, Hon. Robert B. Event: View Date: 11/18/2024 Time: 08:30 AM
  50. vent Resulted: View scheduled on: 11/18/2024 08:30 AM Has been: Held in person Hon. Robert B. Foster, Presiding November 18, 2024. View held. Attorneys Robert Nislick and Christopher A. Matheson appeared. The parties have no objection to the view. The Court has taken this case stated motion under advisement. (Foster, J.)
  51. ase taken under advisement.
  52. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert Nislick, Esq. [email protected] Defendant: Christopher A Matheson, Esq. [email protected] Sent On: 11/19/2024 10:52:05
  53. ecision issued. (Copies emailed to Attorneys Robert Nislick and Christopher Matheson) Judge: Foster, Hon. Robert B.

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