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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-25
Status Open
Type E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 83 entries

Parties

Plaintiff New England Power Company D/b/a National Grid
Defendant Mmc Realty Trust|Cove, Sr., Michael J.|Belair, Ann Marie

Lawyers

Docket Entries

  1. ithdrawal of John M McLaughlin, Esq. for Michael J. Cove, Sr., MMC Realty Trust, Michael J. Cove, Sr. Trustee of the MMC Realty Trust, filed
  2. omplaint eFiled.
  3. and Court miscellaneous filing fee Receipt: 445063 Date: 10/26/2023
  4. and Court surcharge Receipt: 445063 Date: 10/26/2023
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. ase assigned to the Average Track per Land Court Standing Order 1:04.
  7. otion for Temporary Restraining Order and Preliminary Injunction, filed.
  8. emorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction, filed.
  9. ffidavit of Vahid Mahdavy in Support of Motion for Temporary Restraining Order and Preliminary Injunction, filed.
  10. ffidavit of Jordan Red in Support of Motion for Temporary Restraining Order and Preliminary Injunction, filed.
  11. ffidavit of Christina S. Marshall in Support of Motion for Temporary Restraining Order and Preliminary Injunction, filed.
  12. mergency Motion for Short Order of Notice, filed.
  13. otion for the Appointment of a Special Process Server, filed.
  14. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  15. ctober 26, 2023. Motion for the Appointment of a Special Process Server, APPROVED. (Patterson, Rec.) Judge: Patterson, Deborah J. Notice of Docket Entry was generated and sent to: Plaintiff: Christina Marshall, Esq. [email protected] Sent On: 10/26/2023 10:15:01
  16. orporate Disclosure Statement, filed.
  17. ROPOSED Temporary Restraining Order, filed.
  18. ctober 26, 2023. Ex parte motion for short order, ALLOWED. Summons to issue for a hearing on plaintiff's application for preliminary injunction on November 2, 2023 at 11:30 AM IN PERSON AT THE COURTHOUSE. Plaintiff is to serve the summons, complaint, the preliminary injunction moving papers, and all supporting papers upon the defendant(s). Service may be effectuated by any licensed constable. (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Christina Marshall, Esq. [email protected] Sent On: 10/26/2023 13:31:10
  19. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Smith, Hon. Kevin T. Event: Hearing on Preliminary Injunction Date: 11/02/2023 Time: 11:30 AM
  20. ffidavit of Service, filed.
  21. efendant's Opposition to National Grid's Motion for Temporary Restraining Order & Preliminary Injunction, filed. (Courtesy copy received on November 2, 2023).
  22. nn Marie Belair's Partial Opposition to Plaintiff's Motion for Injunctive Relief, filed.
  23. ffidavit of Ann Marie Belair in Support of Partial Opposition to Plaintiff's Motion for Injunctive Relief, filed.
  24. ppearance of Robert J Cirillo, Esq. for Michael J. Cove, Sr., filed
  25. ppearance of Israel M Sanchez, Jr., Esq. for Ann Marie Belair, filed
  26. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 11/28/2023 Time: 09:00 AM
  27. 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: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Annie E Lee, Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected] Defendant: Israel M Sanchez, Jr., Esq. [email protected] Sent On: 11/02/2023 15:03:39
  28. vent Resulted: Hearing on Preliminary Injunction scheduled on: 11/02/2023 11:30 AM Has been: Held in person Hon. Kevin T. Smith, Presiding November 2, 2023. Motion hearing held in person. Attorneys Christina Marshall and Annie Lee appeared for the plaintiff. Attorney Robert Cirillo appeared for defendant Michael Cove. Attorney Israel Sanchez appeared for defendants MMC Realty Trust and Ann Marie Belair. Prior to the commencement of argument, Attorneys Cirillo and Sanchez informed the court that some disagreement exists surrounding which one of them should be representing the Trust defendant, as an order from another court stated that Cove would become the trustee, but Belair remained trustee of record according to records in the Registry of Deeds. The attorneys informed the court that efforts to resolve the trustee issue are ongoing. Before the court was the plaintiff's motion for a preliminary injunction prohibiting the defendants from interfering with the plaintiff's utility easement and any work needed to maintain and repair the high voltage transmission lines in the easement area. Attorney Marshall argued that the plaintiff had demonstrated a high likelihood of success on the merits based on the lack of dispute regarding the existence of the easement and the lack of ambiguity in the rights conferred by it, that injunctive relief is in the public interest due to the risk to public safety and electricity service caused by the defendants' activities, and that degradation of the transmission lines and interruption in electricity service would cause irreparable harm. Attorney Cirillo disputed the plaintiff's allegations, asserting that Cove had never tried to stop the plaintiff or its employees from performing work in the easement area, that the soil erosion alleged to have been caused by granite excavation was actually caused by trespassers using the land for recreational activities, and that any physical barriers on the property were intended to stop those trespassers, not the plaintiff or its employees. Attorney Cirillo argued that the plaintiff had failed to meet its burden for a preliminary injunction, as the deed language did not support a broad interpretation of the supposed access rights, and the issuance of the preliminary injunction would harm the defendant by creating an attractive nuisance, thereby causing an increase in trespassing, damage to DEP-ordered wetland restoration efforts, and soil erosion. Attorney Sanchez argued that the preliminary injunction would be inappropriate as applied to his client, whom he asserted never participated in any of the alleged acts of interference. Attorney Marshall clarified to the court that Belair is only being sued in her capacity as trustee, not individually. Following argument, the court ALLOWED the plaintiff's motion, with an order to issue in due course. (Smith, J.).
  29. ORRECTION: Due to clerical error, the following correction was made to the docket on November 3, 2023: The corrected language is "10/25/2023 Case assigned to the Average Track per Land Court Standing Order 1:04." and the following original text is stricken: "10/25/2023 Case assigned to the Fast Track per Land Court Standing Order 1:04.."
  30. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Annie E Lee, Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected] Defendant: Israel M Sanchez, Jr., Esq. [email protected] Sent On: 11/03/2023 13:12:51
  31. rder on Plaintiff's Motion for Preliminary Injunction, issued. (Copies emailed to Jessica Wall, Christina Marshall, Annie Lee, Robert Cirillo, and Israel Sanchez) Judge: Smith, Hon. Kevin T.
  32. ost of Issuance of TRO/PI Receipt: 445371 Date: 11/06/2023
  33. oint Statement for Case Management Conference, filed.
  34. vent Resulted: Case Management Conference scheduled on: 11/28/2023 09:00 AM Has been: Held via video. Case management conference held via videoconference. Early intervention event held. Attorneys Christina Marshall and Annie Lee appeared for the plaintiff. Attorney Robert Cirillo appeared for defendant Michael Cove. Attorney Israel Sanchez appeared for defendants MMC Realty Trust and Ann Marie Belair. This is an action to quiet title and establish the plaintiff's rights pursuant to an easement on land owned by defendant MMC Realty Trust. The court inquired as to the reasoning behind the different discovery schedules proposed by the parties in the joint case management statement. Attorney Cirillo explained that he believes that a longer discovery period is necessary in light of the counterclaims that he intends to bring and the need to determine whether Cove or Belair is the controlling trustee of MMC Realty Trust. Attorney Marshall stated that she was amenable to a general discovery deadline sometime in September 2024, with no need to stagger expert and non-expert discovery. The court set a deadline for the completion of discovery by September 20, 2024. The court also ordered the parties to attend ADR screening. Attorney Sanchez requested guidance from the court on how to go about having Belair dismissed as a defendant, as all parties agree that she is not being sued in her individual capacity. The court informed Attorney Sanchez that no particular procedure is required in the Land Court beyond a motion to dismiss Belair as a defendant. Attorney Cirillo raised the issue of dangerous conditions and trespassers on the property, which Cove feels that he cannot address in light of the restriction on prohibiting third parties from the property imposed by the preliminary injunction. The court directed Cirillo to file a motion to modify the injunction if he believes good cause exists. At that time, if requested, the court will review whether an evidentiary hearing on the defendant's motion is appropriate after which the court will consult counsel on scheduling such a hearing. Following discussion, the court scheduled a status conference for September 27, 2024, at 9:00 a.m., the purpose of which will be to set a briefing schedule for summary judgment motions or schedule a trial date. Email notice to: Attorney Christina Marshall; Attorney Annie E. Lee; Attorney Robert Cirillo; and Attorney Israel Sanchez. Hon. Kevin T. Smith, Presiding
  35. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Annie E Lee, Esq. [email protected] Defendant: Israel M Sanchez, Jr., Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected]
  36. lternative Dispute Resolution: Early Intervention Event held. Judge: Smith, Hon. Kevin T.
  37. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference VIA ZOOM Date: 09/27/2024 Time: 09:00 AM Email notice to: Attorney Christina Marshall; Attorney Annie E. Lee; Attorney Jessica A. Wall; Attorney Robert Cirillo; and Attorney Israel Sanchez.
  38. DR referral to REBA Dispute Resolution, Inc. issued. Judge: Smith, Hon. Kevin T.
  39. nn Marie Belair's Motion to Dismiss Plaintiffs Complaint, filed.
  40. rder Referring Case to Dispute Resolution Screening Session, issued. (Copies emailed to Attorneys Christina Marshall, Annie Lee, Jessica Wall, Israel Sanchez, and Robert Cirillo) Judge: Smith, Hon. Kevin T.
  41. efendant Michael Cove, Individually and MMC Reality Trust (By It's Defacto Trustee, Michael J. Cove) Answer and Counterclaim, filed
  42. DR Report of REBA: Parties will attend Mandatory Mediation Screening on December 19, 2023.
  43. DR Report of REBA: Parties remain predisposed to mediation, but wish to deal with two matters prior to a mediation session. The Plaintiff has asked for additional discovery and the Defendants wish to resolve the issue of control of the trust. REBA advised the parties that these two issues could and should be incorporated into the mediation process. However, the parties demurred.
  44. esponse to Ann Marie Belair's Motion to Dismiss Plaintiff's Complaint [Against Her Individually], filed.
  45. ational Grid's Answer to Michael J. Cover, Sr.'s Counterclaims, filed.
  46. ppearance of John M McLaughlin, Esq. for Michael J. Cove, Sr., filed
  47. ppearance of Michael Pill, Esq. for Michael J. Cove, Sr., filed
  48. ppearance of Paul M Kominers, Esq. for New England Power Company d/b/a National Grid, filed
  49. ithdrawal of Annie E Lee, Esq. for New England Power Company d/b/a National Grid, filed
  50. oint Motion for Extension of Discovery and Continuance of Status Conference, filed.
  51. ugust 9, 2024. Joint Motion for Extension of Discovery and Continuance of Status Conference is ALLOWED. The discovery period is extended to December 19, 2024 (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Paul M Kominers, Esq. [email protected] Defendant: Israel M Sanchez, Jr., Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected] Defendant: Michael Pill, Esq. [email protected] Defendant: John M McLaughlin, Esq. [email protected] Sent On: 08/09/2024 16:04:24
  52. vent Resulted: Status Conference scheduled on: 09/27/2024 09:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  53. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 01/03/2025 Time: 09:00 AM
  54. efendant Michael J. Cove, Sr.'s Motion for Stay, filed.
  55. ffidavit of John M. McLaughlin in Support of Defendant Michael J. Cove, Sr.'s Motion for Stay, filed.
  56. oint Motion for Extension of Discovery and Continuance of Status Conference and Cove's Withdrawal of his Motion to Stay, filed.
  57. ffidavit of John M. Mclaughlin in Support of Joint Motion for Extension of Discovery and Continuance of Status Conference and Cove's Withdrawal of his Motion to Stay, filed.
  58. ecember 19, 2024. Joint Motion for Extension of Discovery and Continuance of Status Conference ALLOWED. Fact discovery to be completed by February 19, 2025. Expert discovery to be completed by March 19, 2025. The status conference scheduled for January 3, 2025, will be continued to March 26, 2025, at 9:15 AM via videoconference. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Paul M Kominers, Esq. [email protected] Defendant: Israel M Sanchez, Jr., Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected] Defendant: Michael Pill, Esq. [email protected] Defendant: John M McLaughlin, Esq. [email protected] Sent On: 12/19/2024 15:07:20
  59. vent Resulted: Status Conference scheduled on: 01/03/2025 09:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  60. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 03/26/2025 Time: 09:15 AM
  61. oint Motion to Substitute Defendant, Notice of Withdrawal, Stipulation of Dismissal of Ann Marie Belair Individually and Notice of Appearance, filed.
  62. anuary 16, 2025. Joint Motion to Substitute Defendant, Notice of Withdrawal, Stipulation of Dismissal of Ann Marie Belair Individually and Notice of Appearance, ALLOWED. (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Paul M Kominers, Esq. [email protected] Defendant: Israel M Sanchez, Jr., Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected] Defendant: Michael Pill, Esq. [email protected] Defendant: John M McLaughlin, Esq. [email protected] Sent On: 01/16/2025 15:04:42
  63. efendant Michael Cove Sr.'s and Defendant MMC Realty Trust's Motion for Protective Order (with Assent) pursuant to Mass.R.Civ.P., Rule 26(c), filed.
  64. ffidavit of John M. McLaughlin in support of Defendants' Assented Motion for Protective Order, filed.
  65. cheduled Judge: Smith, Hon. Kevin T. Event: Defendant Michael Cove Sr.'s and Defendant MMC Realty Trust's Motion for Protective Order (with Assent) pursuant to Mass.R.Civ.P., Rule 26(c) Date: 02/19/2025 Time: 09:30 AM
  66. vent Resulted: Motion scheduled on: 02/19/2025 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding February 19, 2025. Motion Hearing held via videoconference. Attorney Paul Kominers appeared on behalf of the Plaintiff, New England Power Company, d/b/a National Grid. Attorney John McLaughlin appeared on behalf of the Defendants, Michael Cove Sr. and MMC Realty Trust. This is an action to quiet title and establish the Plaintiff's rights pursuant to an easement on land owned by Defendant MMC Realty Trust. Before the court is the Defendants' assented-to Motion for Protective Order pursuant to Mass. R. Civ. P. 26(c). The Defendants seek to make all discovery confidential. Following argument by Attorney McLaughlin, the court DENIED the motion, but stated that the parties may enter into a stipulation consistent with the requested protective order, which the court will sign in acknowledgement. Counsel for the parties agreed to this suggestion and will submit a stipulation at their convenience. Counsel for the parties informed the court that discovery is not yet complete, although today is the deadline for the completion of fact discovery. The court set a new deadline of Friday, June 13, 2025, for the completion of fact discovery and a deadline of Friday, July 18, 2025, for the completion of expert discovery. The court scheduled a status conference for Monday, July 28, 2025, at 9:00 a.m. via videoconference. (Smith, J.).
  67. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Paul M Kominers, Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected] Defendant: Michael Pill, Esq. [email protected] Defendant: John M McLaughlin, Esq. [email protected] Sent On: 02/20/2025 11:49:49
  68. vent Resulted: Status Conference scheduled on: 03/26/2025 09:15 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  69. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Paul M Kominers, Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected] Defendant: Michael Pill, Esq. [email protected] Defendant: John M McLaughlin, Esq. [email protected] Sent On: 02/20/2025 11:52:47
  70. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 07/28/2025 Time: 09:00 AM
  71. tipulation to Confidential Treatment of Defendants' Discovery Response, filed.
  72. efendants' Motion for Extension of Discovery, filed.
  73. ffidavit of Thomas Traubert in support of Defendants' Motion for Extension of Discovery, filed.
  74. ffidavit of Maryann DiPinto in support of Defendants' Motion for Extension of Discovery, filed.
  75. artial Assent and Partial Opposition to Defendants' Motion to Extend Time for Discovery, filed.
  76. efendants' Reply to Plaintiff's Partial Assent and Partial Opposition to Defendants' Motion to Extend Time for Discovery, filed.
  77. pdated Certificate of Service for Defendants' Reply to Plaintiff's Partial Assent and Partial Opposition to Defendants' Motion to Extend Time for Discovery, filed.
  78. vent Resulted: Status Conference scheduled on: 07/28/2025 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding July 28, 2025. Status Conference held via videoconference. Attorneys Christina Marshall and Paul Kominers appeared on behalf of the Plaintiff, National Grid. Attorney John McLaughlin appeared on behalf of the Defendants, MMC Realty Trust and Michael Cove. This is an action by National Grid to permanently enjoin the Defendants from interfering with its easement over property located off Flanagan Hill Road in Sterling, Massachusetts, to establish that National Grid has the right under its easement to access and repair its transmission line, and to recover damages resulting from Mr. Cove's alleged unlawful interference with the easement. Before the court is the Defendants' Motion to Extend Time for Discovery, the Plaintiff's Partial Assent and Partial Opposition, and the Defendant's Reply. Attorney McLaughlin argued that Plaintiff's counsel has not disclosed any fact or expert witnesses, and thus the Defendants cannot create a deposition schedule. Attorney McLaughlin also requested leave to submit additional interrogatories, arguing that the Plaintiff is putting forth a new legal theory, and requesting damages, as to Michael Cove's alleged interference with the Plaintiff's easement over the southern road on the property. Following colloquy, the court ruled that Attorney McLaughlin may request one additional interrogatory pertaining to the damages that National Grid seeks. The court reviewed National Grid's proposed discovery schedule with counsel. The court modified the schedule as follows: all fact discovery is to be completed by September 15, 2025; expert disclosures are due by September 30, 2025; and all expert discovery is to be completed by November 28, 2025. (Smith, J.).
  79. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Aleman Wall, Esq. [email protected] Plaintiff: Christina Marshall, Esq. [email protected] Plaintiff: Paul M Kominers, Esq. [email protected] Defendant: Robert J Cirillo, Esq. [email protected] Defendant: Michael Pill, Esq. [email protected] Defendant: John M McLaughlin, Esq. [email protected] Sent On: 07/28/2025 13:09:46
  80. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 12/01/2025 Time: 09:00 AM To be held: via video conference
  81. ppearance of Kristen R Gagalis, Esq. for New England Power Company d/b/a National Grid, filed
  82. ppearance of Mark Allan Tanner, Esq., Ryan K O'Hara, Esq., Conor P Carey, Esq. for Michael J. Cove, Sr., MMC Realty Trust, Michael J. Cove, Sr. Trustee of the MMC Realty Trust, filed
  83. ithdrawal of Michael Pill, Esq. for Michael J. Cove, Sr., MMC Realty Trust, Michael J. Cove, Sr. Trustee of the MMC Realty Trust, filed

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