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Case Information
Filed
2023-10-19
Status
Closed
Type
Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket
29 entries
Parties
Plaintiff
Michael E. Purdy, Trustee Purdy Family Trust
Defendant
Floyd, Alexander B.
Lawyers
Docket Entries
- tipulation of Dismissal- Mass.R.Civ.P. 41(a)(1)(ii), filed.
- otion to Appoint Special Process Server pursuant to Rule 4C of the M.R.C.P, filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 444895 Date: 10/19/2023
- and Court surcharge Receipt: 444895 Date: 10/19/2023
- and Court summons Receipt: 444895 Date: 10/19/2023
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- otion to Appoint Special Process Server pursuant to Rule 4C of the M.R.C.P, Allowed.
- vent Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 12/14/2023 Time: 10:00 AM
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Paul L Lees, Esq. [email protected] Sent On: 10/25/2023 11:49:16
- ummons returned to Court with service on Alexander B. Floyd filed.
- ppearance of Timothy H Barnes, Esq. for Alexander B. Floyd, filed
- efendant, Alexander B. Floyd's Answer and Counterclaim to Plaintiff's Complaint, filed.
- oint Statement, filed.
- laintiff's Answer to Defendant's Counterclaim, filed.
- ase management conference held by videoconference. Early intervention event held. Attorneys Paul Lees and Timothy Barnes appeared. Counsel described the disputed area in this adverse possession case and summarized the plaintiff's occupation of the area over the years. All discovery, including expert disclosures and depositions, if any, to be completed by September 30, 2024, after which the parties are instructed to contact the sessions clerk to schedule a pretrial conference. The court encouraged the parties to consider the possibility of settlement, and the parties may contact the sessions clerk to request a referral to the Land Court's in-house mediator, Barbara Macy, or for referrals for other mediation organizations.
- lternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
- cheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 07/31/2024 Time: 10:15 AM
- tatus conference held by videoconference. Attorney Paul Lees appeared for the plaintiff. Attorney Timothy Barnes appeared for the defendant. The parties reported that they have drafted a settlement agreement, a proposed survey plan with updated boundary lines, and a proposed order to resolve the dispute over the subject property. The proposed order submitted to the court is not acceptable and will not be endorsed or issued by the court, as it calls for the court to authorize the parties to record a plan without compliance with G. L. c. 41, 81P, and it requests that the court certify that the proposed change in lot lines will not increase any existing dimensional nonconformity of one of the subject properties, which is likely not the case. The court will issue a 60-day nisi order, after which the court expects the parties to submit a stipulation of dismissal or a status update if more time is needed.
- Day Nisi Order issued. Returnable 09/30/2024. (Copies emailed to Attorneys Paul Lees and Timothy Barnes)
- laintiff's Motion for Clarification of Court's Nisi Order dated July 31, 2024 or Assignment of Trial Date, filed.
- cheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 10/11/2024 Time: 11:15 AM
- tatus conference held by video conference. Attorney Paul Lees appeared for the plaintiff. Attorney Timothy Barnes appeared for the defendant. The nisi order is extended for 30 days to November 11, 2024. The court anticipates the parties will file a stipulation of dismissal prior to that date.
- laintiff's Motion to extend the Nisi Order(January 13, 2025), filed and Allowed.
- laintiff's Motion to Vacate the Nisi Order and Issue an Order that the Defendant Attorney return $6500 held in Escrow, filed.
- cheduled Judge: Speicher, Hon. Howard P. Event: Plaintiff's Motion to Vacate the Nisi Order and Issue an Order that the Defendant Attorney return $6500 held in Escrow Date: 01/23/2025 Time: 10:45 AM
- ppearance of Joel Favazza, Esq. for Alexander B. Floyd, filed
- otion to vacate nisi order held by videoconference. Attorney Paul Lees appeared for the plaintiff. Attorneys Timothy Barnes and Joel Favazza appeared for the defendant. The motion to vacate nisi order is DENIED and the nisi order is extended to March 31, 2025.
- ithdrawal of Timothy H Barnes, Esq. for Alexander B. Floyd, filed
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