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Case Information
Filed
2024-11-27
Status
Closed
Type
E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1
Docket
22 entries
Disposition
judgment of dismissal
Parties
Plaintiff
Bayberry Hollow Farm Llc
Defendant
Strati, David P.|Strati, Robert A.
Lawyers
Docket Entries
- ase Disposed by Judgment of Dismissal After Nisi Order that was returnable on 03/24/2025. Judge: Vhay, Hon. Michael D.
- and Court surcharge Receipt: 456358 Date: 11/27/2024
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- omplaint eFiled.
- laintiff's Motion to Appoint Special Process Server Pursuant to Rule 4 (C), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- ummons returned to Court with service on David P. Strati filed.
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Adam Sherwin, Esq. [email protected] Sent On: 12/10/2024 11:56:04
- vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 01/14/2025 Time: 12:30 PM
- nswer and Counterclaim filed by David P. Strati and Robert A. Strati.
- laintiff's Affidavit of Long-Arm Service of Defendant Robert A. Strati, filed.
- equest to correct Clerical Error in Electronic Docket Entry, filed.
- ase Management Conference Joint Statement, filed.
- vent Resulted: Case Management Conference scheduled on: 01/14/2025 12:30 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
- ase management conference and initial intervention event held by telephone. The parties appeared through counsel. Plaintiff Bayberry Hollow Farm LLC is seeking a judgment quieting title by adverse possession of or, alternatively, declaring it has a prescriptive easement over, part of 16R Blueberry Avenue in Provincetown. Defendants David Strati and Robert Strati counterclaim that Bayberry Hollow is a trespasser. The parties have agreed to mediate their dispute. The Court thus ORDERS them to submit by February 21, 2025, a joint report stating that the parties either: (1) have successfully mediated the dispute; (2) have mediated, but are still discussing settlement; or (3) have concluded that settlement is unlikely at this time. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Adam Sherwin, Esq. [email protected] Defendant: Gwen Nolan King, Esq. [email protected] Sent On: 01/14/2025 13:04:10
- laintiff's Answer to Defendants' Counterclaim, filed.
- tatus Report, filed.
- Day Nisi Order issued. Returnable 03/24/2025.
- oint Motion to Extend Nisi Order (for thirty (30) Days), filed.
- n February 20, 2025, the parties informed the Court that they had "settled this case in mediation and will be filing a dismissal in the coming weeks." The Court thus issued a 30-day nisi order, which expired on March 24, 2025. The parties didn't file anything by that date, and they didn't request an extension of time. Today the Sessions Clerk gave the parties the courtesy of letting them know that they'd missed the March 24, 2025, deadline. In response, the parties moved to extend the deadline, telling the Court for the first time that a "transaction that was agreed to in the underlying settlement" hadn't occurred yet. The Court DENIES the motion and DISMISSES this case without prejudice pursuant to the nisi order. A separate judgment of dismissal will enter. The parties' report of a settlement mentioned no contingencies, and the parties failed in advance of the March 24, 2025, nisi deadline to correct that (mis)impression. If one of the parties fails to perform its obligations under the parties' settlement, a court having proper jurisdiction over the agreement can be asked to enforce it. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Adam Sherwin, Esq. [email protected] Defendant: Gwen Nolan King, Esq. [email protected] Sent On: 03/27/2025 14:30:19
- udgment of Dismissal, entered. (Copies emailed to Attorneys Adam Sherwin and Gwen King) Judge: Vhay, Hon. Michael D.
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