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Case Information
Filed
2023-08-24
Status
Open
Type
E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket
21 entries
Parties
Plaintiff
La Belle Maison Llc
Defendant
253 North Real Estate Ventures Llc
Lawyers
Docket Entries
- otice of Docket Entry: At the parties' request, the Nisi Order is EXTENDED until September 19, 2025. So ordered Notice of Docket Entry was generated and sent to: Plaintiff: Daniel P Tarlow, Esq. [email protected] Defendant: Brian T Akashian, Esq. [email protected] Sent On: 09/05/2025 15:57:47
- and Court miscellaneous filing fee Receipt: 443562 Date: 08/25/2023
- and Court surcharge Receipt: 443562 Date: 08/25/2023
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- erified Complaint eFiled.
- vent Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 09/27/2023 Time: 10:45 AM
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Daniel P Tarlow, Esq. [email protected] Sent On: 08/31/2023 11:19:33
- ummons returned to Court with service on filed. McLane Middleton Professional Association
- laintiff's Case Management Conference Statement pursuant to Standing Order No. 1-04, filed.
- ppearance of Brian T Akashian, Esq. for 253 North Real Estate Ventures LLC, filed
- ummons returned to Court with service on 253 North Real Estate Ventures LLC filed. September 10, 2023. Service on the registered agent McLane Middleton Professional Association.
- ase management conference held by videoconference. Early intervention event held. Attorney Daniel Tarlow appeared for the plaintiff. Due to scheduling conflicts, no defendant appeared. Attorney Tarlow reported on the dispute between the parties and the location of the parties' properties in relation to the alley way at issue. All discovery, including expert disclosures and depositions, if any, to be completed by April 30, 2024, after which the parties are instructed to contact the court to schedule a pre-trial conference.
- lternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
- efendant 253 North Real Estate Ventures LLC's Answer, filed.
- otice of Docket Entry: This case is REASSIGNED to Judge Sarah A. Turano-Flores. On September 27, 2023, a Case Management Conference was held in this case, after which the parties were ordered to complete discovery by April 30, 2024, and thereafter report to the Court to schedule a pre-trial conference. The parties are ORDERED to confer and file a Joint Status Report with the Court by no later than April 14, 2025, reporting on the status and whether the case is ready for disposition by substantive motion or trial. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel P Tarlow, Esq. [email protected] Defendant: Brian T Akashian, Esq. [email protected] Sent On: 03/26/2025 10:58:56
- oint Status Report in Compliance with Docket Entry dated March 26, 2025, filed.
- cheduled Judge: Turano-Flores, Hon. Sarah A. Event: Pre-Trial Conference Date: 06/18/2025 Time: 02:30 PM rescheduled to 11:30am.
- oint Pre-Trial Memorandum pursuant to Order dated April 15, 2025, filed.
- otice of Docket Entry: Pre-trial conference held by videoconference. Attorney Daniel Tarlow appeared for the plaintiff. Attorney Brian Akashian appeared for the defendant. Attorney Tarlow discussed Plaintiff's central claims in the litigation; namely, whether Plaintiff has established title by adverse possession to a disputed strip of land lying along the shared boundary line between the parties' respective properties on Appleton Street in Lowell ("Disputed Area"); in the alternative, Plaintiff claims an easement by prescription over the same Disputed Area. Counsel for the parties need to confirm with their clients, but believe that the parties can stipulate to the dimensions and location of the Disputed Area, which was described to the court as the area lying directly adjacent and to the west of the building on Plaintiff's property, stretching along the entire length of the shared boundary, at a width of 3 to 4 feet, for its entire length. Counsel agreed to further confer and confirm whether the dimensions and location of the Disputed Area will be an agreed fact at trial. The court further discussed with counsel whether the case is appropriate for disposition pursuant to the process set forth in Land Court Rule 14. The court explained that, if they both agreed to submit the case to the Rule 14 process, the parties would not need to hire a stenographer, would not need to file any post-trial submissions, and would receive a decision immediately after the close of evidence. The court further explained that both parties must agree to partake in the Rule 14 process, and that they would have to file the stipulation described in the rule. The court further discussed the appeal standard applicable to Rule 14 decisions, which is different from the appeal standard applied to a full decision with written findings. It was agreed that this process would only make sense of the Disputed Area was an agreed fact at trial. Counsel agreed they would confer with their clients and each other, and then report back to the court as to whether they jointly agree to a Rule 14 trial. Counsel further discussed whether the court would take a view, and it was agreed that a view would only be necessary if the Disputed Area was not an agreed fact at trial. The parties further agreed that all witnesses will be made available and present for live testimony in the Land Court, and at this time it was not anticipated that any testimony would need to be conducted via videoconference. The parties estimate the case should only take one day. The court notified counsel of several dates in October, November and December that would be available for trial. The parties did believe any of the exhibits or witnesses would be contested, and thus did not anticipate filing any Motions in Limine. The parties extensively discussed their efforts at mediation. Counsel for both parties reported that they remain optimistic about settling the case independently. The court urged the parties to continue their settlement discussions, as there are myriad options available to resolve the case short of litigation. The parties are ORDERED to confer and file, on or before July 18, 2025, a Joint Status Report to include: i) three sets of alternative dates for trial, consisting of at least one full day of trial when all parties, counsel and witnesses are available for an in-person trial at the Land Court; ii) whether the parties agree as to the dimensions and location of the Disputed Area; iii) if the parties agree as to the dimensions and location of the Disputed Area, whether they also jointly agree to have the case submitted through the Land Court Rule 14 process; and iv) if they do not agree to the Rule 14 process, whether they will agree to share equally in the costs of a stenographer and transcript of the trial. If they feel it is appropriate, the parties can also include a report on whether they are making meaningful progress towards settling the case (without providing settlement details). So ordered. Judge: Turano-Flores, Hon. Sarah A. Notice of Docket Entry was generated and sent to: Plaintiff: Daniel P Tarlow, Esq. [email protected] Defendant: Brian T Akashian, Esq. [email protected] Sent On: 06/18/2025 14:01:34
- oint Report of Settlement and Request for Nisi Order, filed.
- Day Nisi Order issued. Returnable 08/29/2025. (Copies emailed to Attorneys Daniel Tarlow and Brian Akashian)
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