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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-20
Status Closed
Type Mrc Determine Validity Of Encumbrances, G.l. Chapter 240, 11 14
Docket 58 entries
Disposition judgment

Parties

Plaintiff Sousa, Debora|Powers, Nicholas
Defendant Elansari, Bouchaib

Lawyers

Docket Entries

  1. greement for Judgment.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 444939 Date: 10/20/2023
  4. and Court surcharge Receipt: 444939 Date: 10/20/2023
  5. and Court summons Receipt: 444940 Date: 10/20/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. laintiffs' Motion for Appointment of Special Process Server, filed and APPROVED. (Patterson, Rec.)
  8. otion for Short Order of Notice on Plaintiffs' Motion for Preliminary Injunction, filed.
  9. otion for Preliminary Injunction, filed.
  10. emorandum in Support of Motion for Preliminary Injunction, filed.
  11. otion for Short Order of Notice, ALLOWED (Smith, J.). Judge: Smith, Hon. Kevin T.
  12. ummons and Hearing Notice issued on Application for Preliminary Injunction and Lis Pendens. Judge: Smith, Hon. Kevin T. Event: Hearing on Preliminary Injunction and Lis Pendens Date: 10/27/2023 Time: 02:00 PM
  13. otice of Docket Entry: Motion for Short Order of Notice , allowed Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Paul Michael Tellier, Esq. [email protected] Plaintiff: Nathan Y Pak, Esq. [email protected] Sent On: 10/20/2023 15:56:06
  14. AR Appearance filed by Stephen Francis Reardon, Esq. to provide limited representation to Defendant(s) Bouchaib Elansari for Plaintiff's Application for Preliminary Injunction.
  15. vent Resulted: Hearing on Preliminary Injunction and Lis Pendens scheduled on: 10/27/2023 02:00 PM Has been: Continued For the following reason: Request of Defendant(s) Hon. Kevin T. Smith, Presiding
  16. earing Notice issued on Application for Preliminary Injunction. Judge: Smith, Hon. Kevin T. Event: Hearing on Preliminary Injunction AT THE COURTHOUSE Date: 10/31/2023 Time: 02:00 PM
  17. efendant's Opposition to Plaintiff's Motion for Preliminary Injunction, filed.
  18. ffidavit of Bouchaib Elansari, filed.
  19. vent Resulted: Hearing on Preliminary Injunction scheduled on: 10/31/2023 02:00 PM Has been: Held in person Hon. Kevin T. Smith, Presiding October 31, 2023. Motion hearing held in person. Attorney Nathan Pak appeared for the plaintiffs. Attorney Stephen Reardon appeared for the defendant. Before the court was the plaintiffs' motion for a preliminary injunction ordering the defendant to remove a fence that is blocking a right of way, over which the plaintiffs claim they have a prescriptive easement. Attorney Pak argued that the plaintiffs had demonstrated a high likelihood of success on the merits due to the lengthy period of use by their predecessors in interest, supported by the presence of a garage on the property accessible only by the right of way. Attorney Pak argued further that without the use of the driveway, the plaintiffs will suffer irreparable harm due to the infringement of their property rights. Attorney Reardon argued that the plaintiffs had not established a likelihood of success on the merits due to the lack of evidence showing adverse use of the way for the required twenty-year period. Attorney Reardon also argued that the plaintiffs had failed to establish irreparable harm, particularly in light of the other parking options available to them. Following argument, the court DENIED the plaintiff's motion on the grounds that the plaintiff failed to show a likelihood of success on the merits. The court then informed the parties that a case management conference will be scheduled in the near future, and a case management order concerning the conference will be sent to them by email. Attorney Reardon informed the court that he may soon be replaced by an attorney hired by the title insurance company for the defendant's lender. The court will schedule the case management conference for a date later in November or early December to allow that transition of counsel to take place. (Smith, J.).
  20. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Paul Michael Tellier, Esq. [email protected] Plaintiff: Nathan Y Pak, Esq. [email protected] Defendant: Stephen Francis Reardon, Esq. [email protected] Sent On: 11/01/2023 12:20:03
  21. he case has been assigned to the A Track. Notice sent. Judge: Smith, Hon. Kevin T. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Paul Michael Tellier, Esq. [email protected] Plaintiff: Nathan Y Pak, Esq. [email protected] Defendant: Stephen Francis Reardon, Esq. [email protected] Sent On: 11/03/2023 16:01:00
  22. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 12/01/2023 Time: 10:00 AM
  23. oint Motion to Continue Pretrial Conference, filed.
  24. ovember 29, 2023. Joint Motion to Continue Pretrial Conference ALLOWED (Smith, J). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Paul Michael Tellier, Esq. [email protected] Plaintiff: Nathan Y Pak, Esq. [email protected] Defendant: Stephen Francis Reardon, Esq. [email protected] Sent On: 11/29/2023 12:20:52
  25. vent Resulted: Case Management Conference scheduled on: 12/01/2023 10:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  26. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 12/22/2023 Time: 09:00 AM
  27. vent Resulted: Case Management Conference scheduled on: 12/22/2023 09:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding Counsel notified via email on December 15, 2023.
  28. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 01/11/2024 Time: 09:00 AM
  29. oint Motion to Continue Pretrial Conference, filed.
  30. anuary 9 2024, Joint Motion to Continue Pretrial Conference, ALLOWED. Conference continued to February 2, 2024 at 11:00 a.m. by videoconference. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Paul Michael Tellier, Esq. [email protected] Plaintiff: Nathan Y Pak, Esq. [email protected] Defendant: Henry Anthony Rappa, Jr., Esq. [email protected] Sent On: 01/09/2024 14:13:23
  31. vent Resulted: Case Management Conference scheduled on: 01/11/2024 09:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  32. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 02/02/2024 Time: 11:00 AM
  33. oint Motion to Continue Pretrial Conference, filed.
  34. anuary 29, 2024: Joint Motion to Continue Pretrial Conference, ALLOWED. Case Management Conference has been rescheduled to February 26, 2024 at 9:00AM via Zoom. (Smith J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Paul Michael Tellier, Esq. [email protected] Plaintiff: Nathan Y Pak, Esq. [email protected] Defendant: Henry Anthony Rappa, Jr., Esq. [email protected] Sent On: 01/29/2024 16:07:38
  35. vent Resulted: Case Management Conference scheduled on: 02/02/2024 11:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  36. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 02/26/2024 Time: 09:00 AM
  37. ithdrawal of Paul Michael Tellier, Esq., Nathan Y Pak, Esq. for Debora Sousa, Nicholas Powers, filed
  38. oint Statement, filed.
  39. vent Resulted: Case Management Conference scheduled on: 02/26/2024 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding February 26, 2024. Case management conference held via videoconference. Attorney Nathan Pak appeared for the plaintiffs. Attorney Henry Rappa appeared for the defendant. Plaintiff Debra Sousa also appeared. This is an action for a declaratory judgment arising from an alleged prescriptive easement. The court noted that Attorney Pak had filed a notice of withdrawal and asked Debra Sousa whether she intends to hire new counsel. Sousa stated that she does not intend to hire new counsel and instead will proceed pro se. The court accepted Attorney Pak's withdrawal. The court then asked about the status of the case and settlement efforts undertaken by the parties. Attorney Rappa stated that the parties had attempted to settle, but settlement appeared unlikely. Sousa stated that settlement efforts had been unsuccessful because the defendant was unwilling to remove any of the fence on his property. The court then inquired as to the discovery schedules proposed by the parties. Attorney Rappa stated that he had proposed a tiered discovery schedule, but he was open to a single deadline as long as the case stays on track. Sousa agreed, stating that her goal is just to resolve the case quickly. Following discussion, the court set a general fact discovery deadline of September 15, 2024, with expert disclosures due by November 15, 2024. The court also scheduled a status conference for November 25, 2024, the purpose of which will be to discuss a motion schedule or trial date. (Smith, J.).
  40. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 11/25/2024 Time: 09:00 AM
  41. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Paul Michael Tellier, Esq. [email protected] Plaintiff: Nathan Y Pak, Esq. [email protected] Defendant: Henry Anthony Rappa, Jr., Esq. [email protected] Plaintiff: Debora Sousa [email protected] Sent On: 02/27/2024 13:57:16
  42. vent Resulted: Status Conference scheduled on: 11/25/2024 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 25, 2024. Status conference held via videoconference. Plaintiff Debora Sousa appeared pro se. Attorney Henry Rappa, Jr. appeared on behalf of the defendant, Bouchaib Elansari. The plaintiff is seeking a declaratory judgment that she has a prescriptive easement over a Right-of-Way between her property, 13 Robinson Street, and Mr. Elansari's property, 17 Robinson Street, in Lynn. Attempts to settle have been unsuccessful; thus, the parties requested that the court set a trial date. Discovery is complete. The issue for trial is whether the elements of a prescriptive easement have been met, or whether use of the way was with permission. Trial is to begin Monday, April 28, 2025, at 9:30 a.m. in the Land Court, and will last two days. The pre-trial conference is set for Monday, March 24, 2025, at 9 a.m. via videoconference. On that day, the court and the parties will discuss any issues to be resolved before trial and a date for the court to view the properties. The parties are to submit a joint pre-trial memorandum on Monday, March 17, 2025. (Smith, J.).
  43. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Henry Anthony Rappa, Jr., Esq. [email protected] Plaintiff: Debora Sousa [email protected] Plaintiff: Nicholas Powers [email protected] Sent On: 11/25/2024 11:27:13
  44. cheduled Judge: Smith, Hon. Kevin T. Event: Pre-Trial Conference Date: 03/24/2025 Time: 09:00 AM
  45. ddendum to the Pre-Trial Conference Notice and Order, sent via email to: Defendant: Henry Anthony Rappa, Jr., Esq. [email protected] Plaintiff: Debora Sousa [email protected] Plaintiff: Nicholas Powers [email protected]
  46. cheduled Judge: Smith, Hon. Kevin T. Event: Trial Date: 04/28/2025 Time: 09:30 AM
  47. cheduled Judge: Smith, Hon. Kevin T. Event: Ongoing Trial Date: 04/29/2025 Time: 09:30 AM
  48. laintiff's Motion to Admit Additional Evidence, filed.
  49. arties' Joint Pre-Trial Memorandum, filed.
  50. vent Resulted: Pre-Trial Conference scheduled on: 03/24/2025 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding March 24, 2025. Pre-Trial Conference held via videoconference. Plaintiff Debora Sousa appeared pro se. Attorney Henry Rappa, Jr. appeared on behalf of the Defendant, Bouchaib Elansari. The Plaintiff is seeking a declaratory judgment that she has a prescriptive easement over a Right-of-Way between her property, located at 13 Robinson Street, and Mr. Elansari's property, located at 17 Robinson Street, in Lynn. The court asked the parties to clarify the location of the disputed Right-of-Way. Ms. Sousa explained that the Right-of-Way runs from Robinson Street to the parking lot of a dental office, located on Kirtland Street. In the past, she accessed her property from either the Robinson Street or Kirtland Street entrance (via the dental office), but the Defendant has erected two fences that form an L-shape that prevent her from accessing her property. Trial is scheduled for April 28 and 29, 2025 in person at the Land Court; trial will begin at 9:30 a.m. and end at 4 p.m. each day. If the parties want a transcript of the trial, they are to share the costs of hiring a court reporter. The parties are to agree on the exhibits for trial; the exhibits should be organized in a black binder with exhibit tabs. The parties are to create one official binder for the witness stand and one copy for the court. The binder for the court should be prepared by the day of the view; the parties may keep the official copy until trial in the event that they add exhibits. The court scheduled a view of the properties and the disputed area for Thursday, April 17, 2025, at 1:00 p.m. (Smith, J.).
  51. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Henry Anthony Rappa, Jr., Esq. [email protected] Plaintiff: Debora Sousa [email protected] Plaintiff: Nicholas Powers [email protected] Sent On: 03/25/2025 15:03:43
  52. cheduled Judge: Smith, Hon. Kevin T. Event: View Date: 04/17/2025 Time: 01:00 PM
  53. mailed report of Defendant's counsel, received. The parties are in the final stages of a Stipulation and Agreement for Judgment, which will be filed shortly. This renders the view scheduled for today unnecessary.
  54. pril 17, 2025. In light of the email from Defendant's counsel, the View scheduled for today, April 17, 2025, is cancelled. In the event that the Stipulation and Agreement are not filed by tomorrow, Friday, April 18, 2025, the parties are to jointly propose a new date for the view. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Defendant: Henry Anthony Rappa, Jr., Esq. [email protected] Plaintiff: Debora Sousa [email protected] Plaintiff: Nicholas Powers [email protected] Sent On: 04/17/2025 10:36:09
  55. vent Resulted: View scheduled on: 04/17/2025 01:00 PM Has been: Canceled For the following reason: Case Reported Settled Hon. Kevin T. Smith, Presiding
  56. tipulation and Agreement for Judgment, filed.
  57. vent Resulted: Trial scheduled on: 04/28/2025 09:30 AM Has been: Canceled For the following reason: Case Closed Hon. Kevin T. Smith, Presiding
  58. vent Resulted: Ongoing Trial scheduled on: 04/29/2025 09:30 AM Has been: Canceled For the following reason: Case Closed Hon. Kevin T. Smith, Presiding

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