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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-11-26
Status Open
Type E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1
Docket 39 entries

Parties

Plaintiff Berens, Andrew
Defendant Hollenbeck, Patrick|Schillinger, William|Meyer, Zachary|Barciela Gonzales, Alejandra|Mitchell, Jeffrey M.

Lawyers

Docket Entries

  1. ummons returned to Court with service on Alejandra Barciela Gonzales filed. Served IN HAND on September 23, 2025.
  2. and Court surcharge Receipt: 456328 Date: 11/26/2024
  3. ase assigned to the Average Track per Land Court Standing Order 1:04.
  4. omplaint eFiled.
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Jeremia Ashley Pollard, Esq. [email protected] Sent On: 12/05/2024 12:04:06
  7. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 01/08/2025 Time: 11:00 AM Counsel notified via email.
  8. ummons returned to Court with service on William Schillinger filed. Served at the last and usual place of abode and by mailing first class mail on December 13, 2024.
  9. ummons returned to Court with service on Patrick Hollenbeck filed. Served by leaving at the last and usual abode on December 16, 2024
  10. otion to Continue Case Management Conference, filed.
  11. anuary 2, 2025. Motion to Continue Case Management Conference ALLOWED. (Rubin, J.) Judge: Rubin, Hon. Diane R. Notice of Docket Entry was generated and sent to: Plaintiff: Jeremia Ashley Pollard, Esq. [email protected] Sent On: 01/02/2025 14:32:42
  12. vent Resulted: Case Management Conference scheduled on: 01/08/2025 11:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  13. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 02/03/2025 Time: 02:00 PM VIA ZOOM. Counsel notified via email.
  14. nswer of Patrick Hollenbeck, William Schillinger filed.
  15. ase Management Conference Joint Statement, filed.
  16. rder Referring Case to Dispute Resolution Screening Session, issued. (Copies emailed to Attorneys Jeremia Pollard, Robert Noto, and Andrew Hochberg) Judge: Rubin, Hon. Diane R.
  17. vent Resulted: Case Management Conference scheduled on: 02/03/2025 02:00 PM Has been: . Initial Case Management Conference and early intervention event held via Zoom. Attorney Jeremia Pollard appeared on behalf of plaintiff. Attorney Noto appeared on behalf of defendant. Court is in receipt of the Complaint, Answer of Patrick Hollenbeck, William Schillinger, and Case Management Conference Joint Statement. By way of background, Attorney Pollard explained that plaintiff seeks equitable contribution for costs to maintain and repair an ancient culvert, alleging that defendants, who are neighbors, also benefit from the culvert. Court questioned whether the Land Court has jurisdiction over this dispute since the court has limited jurisdiction, extending only to cases where right, title or interest in land is involved. G.L. c. 185, 1(k). In support of jurisdiction, Attorney Pollard explained plaintiff's reliance on Shapiro v. Burton, 23 Mass. App. Ct. 327 (1987). Court noted that a fourth property owner, William Richardson, may need to be brought into the case as a necessary party, pursuant to Mass. R. Civ. P. 19(a), even though he has contributed to the recent repair efforts. Following colloquy, court to issue a mediation screening order, with the mediation screening to be conducted by March 7, 2025. By March 14, 2025, parties to file a joint status report as to outcome of the mediation screening, whether parties are willing to attend mediation, and if so, naming mediation provider, identity of neutral, and date of session. Status conferenced scheduled for March 24, 2025, at 11:00A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  18. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/24/2025 Time: 11:00 AM
  19. ssented-to Motion to Admit Peter Schillinger Pro Hac Vice, filed.
  20. ffidavit of Peter Schillinger, filed.
  21. otice of Docket Entry: Assented-to Motion to Admit Peter Schillinger Pro Hac Vice ALLOWED. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  22. oint Status Report, filed.
  23. vent Resulted: Status Conference scheduled on: 03/24/2025 11:00 AM Has been: Status conference held via videoconference. Attorney Jeremia Pollard appeared on behalf of plaintiff. Attorney Peter Schillinger appeared on behalf of defendant William Schillinger. Attorney Andrew Hochberg appeared on behalf of defendant Patrick Hollenbeck. Court is in receipt of the Joint Status Report. Counsel reported that there are disagreements among the parties regarding which properties are benefited and burdened by the ancient culvert at issue. Using the screenshare function of Zoom, Attorney Hochberg presented a survey prepared by defendants' expert. Counsel to share the survey with plaintiff and file a copy with the court. Defendants also to share with plaintiff its expert report and plaintiff to share with defendants information and alleged communications about flooding that has occurred at the Hollenbeck property. Court instructed plaintiff that an amended complaint will need to be filed to add the owners of all properties that are benefited and/or burdened by the ancient culvert once those properties are identified. An easement claim may also need to be added at that time. By May 16, 2025, parties to file a joint status report identifying all of the properties burdened and/or benefited by the culvert, together with all supporting documentation. Status conference scheduled for May 23, 2025, at 9:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  24. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/23/2025 Time: 09:30 AM
  25. eport from Accord Engineering & Surveying, LLC regarding the underground culvert along with a plan, filed.
  26. oint Status Report, filed.
  27. vent Resulted: Status Conference scheduled on: 05/23/2025 09:30 AM Has been: Continued to June 11, 2025 at 2:00 pm via zoom at the suggestion of the court and by agreement of counsel. Hon. Diane R. Rubin, Presiding
  28. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/11/2025 Time: 02:00 PM VIA ZOOM. Counsel notified via email.
  29. eport from AEC Consulting regarding the drainage system, filed.
  30. vent Resulted: Status Conference scheduled on: 06/11/2025 02:00 PM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  31. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 07/09/2025 Time: 11:00 AM Counsel notified via email.
  32. tty. Hochberg emailed the court a copy of the Assessors Map.
  33. vent Resulted: Status Conference scheduled on: 07/09/2025 11:00 AM Has been: Status conference held via videoconference. Attorney Jeremia Pollard appeared on behalf of plaintiff. Attorney Peter Schillinger appeared on behalf of defendant William Schillinger. Attorney Andrew Hochberg appeared on behalf of defendant Patrick Hollenbeck. Court is in receipt of the Report from Accord Engineering & Surveying, LLC regarding the underground culvert along with a plan, Joint Status Report, Report from AEC Consulting regarding the drainage system, and copy of the Assessors Map. Using the screenshare function of zoom, counsel discussed the Assessors Map filed on July 8, 2025, and the properties that are burdened with and benefitted by the ancient culvert here at issue, as described in a report from AEC Consulting ("AEC"), dated June 10, 2025. Court inquired as to whether there might be alternative solutions to address flooding, in lieu of the time, expense, and risk of lengthy and fact-intensive litigation (particularly in light of plaintiff's recent expenditures to repair the culvert). Attorneys Schillinger and Hochberg questioned whether the ancient culvert had been functioning as a culvert for some time, since it was no longer connected to Great Barrington's drainage systems, or whether it had recently been functioning more like a drywell or other localized drainage structure. In the event plaintiff chooses to proceed with litigation, by September 19, 2025, plaintiff to file an amended complaint naming, at least, all those property owners burdened by the culvert, as identified by AEC (and potentially all those benefitted by the culvert). Further, plaintiff to consider adding additional claims to the amended complaint. Status conference scheduled for October 30, 2025, at 10:30A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  34. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jeremia Ashley Pollard, Esq. [email protected] Defendant: Andrew M Hochberg, Esq. [email protected] Defendant: Robert R Noto, Esq. [email protected] Defendant: Peter Schillinger, Esq. [email protected] Sent On: 07/10/2025 15:42:32
  35. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 10/30/2025 Time: 10:30 AM
  36. mended Complaint, filed.
  37. efendant, Patrick Hollenbeck's, Answer to the Amended Complaint, filed.
  38. ummons returned to Court with service on Jeffrey M. Mitchell filed. Served at the last and usual place of abode and by mailing first class mail on September 23, 2025.
  39. ummons returned to Court with service on Zachary Meyer filed. Served at the last and usual place of abode and by mailing first class mail on September 23, 2025.

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