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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-27
Status Open
Type Ota Other
Docket 37 entries

Parties

Plaintiff Gerber, Howard G.|Gerber, Mary V.a.
Defendant Friday, Robert P.|Friday, Susan H.

Lawyers

Docket Entries

  1. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference Date: 10/30/2025 Time: 10:00 AM
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 445109 Date: 10/27/2023
  4. and Court surcharge Receipt: 445109 Date: 10/27/2023
  5. and Court summons Receipt: 445109 Date: 10/27/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Joseph A MacRitchie, Esq. [email protected]
  8. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 12/07/2023 Time: 10:00 AM Email notice to: Attorney Joseph A. MacRitchie.
  9. ummons returned to Court with service on Robert P. Friday, Susan H. Friday filed. As to Robert P. Friday - 10/30/2023: Service by leaving at the last and usual place of abode; As to Susan H. Friday - 10/30/2023: Service by leaving at the last and usual place of abode.
  10. ppearance of Keith P Hampe, Esq. for Robert P. Friday, Susan H. Friday, filed
  11. espondent's Answer to Petitioner's Request for Declaratory Judgment, filed.
  12. ase Management Conference Joint Statement, filed.
  13. vent Resulted: Case Management Conference scheduled on: 12/07/2023 10:00 AM Has been: Held via telephone. Early Intervention Event held. Attorney Joseph A. MacRitchie appeared for the plaintiffs and Attorney Keith P. Hampe appeared for the defendants. The court informed counsel that the land court mediator is not available for this type of case and asked whether the parties would be amenable to private mediation. Attorney MacRitchie reported that he would need to speak with his clients. The court requested that he do so. After discussion, the court set a discovery deadline of April 8, 2024 and scheduled a Status Conference for April 10, 2024 at 9:00 a.m. Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe. Hon. Jennifer S.D. Roberts, Presiding
  14. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Joseph A MacRitchie, Esq. [email protected] Defendant: Keith P Hampe, Esq. [email protected]
  15. lternative Dispute Resolution: Early Intervention Event held. Judge: Roberts, Hon. Jennifer S.D.
  16. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 04/10/2024 Time: 09:00 AM Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe.
  17. vent Resulted: Status Conference scheduled on: 04/10/2024 09:00 AM Has been: Held via video Hon. Jennifer S.D. Roberts, Presiding April 10, 2024 - Status Conference held via videoconference. Attorney Joseph A. MacRitchie appeared for the plaintiffs and Attorney Keith P. Hampe appeared for the defendants. Attorney Hampe reported that discovery is almost complete but requested a one-week extension to finalize discovery. Attorney MacRitchie assented to this request. Counsel for both parties did not anticipate taking any depositions. After discussion, the court set a new discovery deadline of April 17, 2024 and scheduled a further status conference for May 1, 2024 at 9:30 a.m. to discuss whether the case should move forward on summary judgment or for trial. (Roberts, J.)
  18. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Joseph A MacRitchie, Esq. [email protected] Defendant: Keith P Hampe, Esq. [email protected]
  19. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 05/01/2024 Time: 09:30 AM Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe.
  20. vent Resulted: Status Conference scheduled on: 05/01/2024 09:30 AM Has been: Held via video. Attorney Joseph A. MacRitchie appeared for the plaintiffs and Attorney Keith P. Hampe appeared for the defendants. In response to the court's inquiry about discovery, Attorney MacRitchie reported that he is in the process of reviewing documents from the defendants and is concerned that he has not received all the documents requested, specifically documents from a closing that occurred in 2014. The court requested that counsel discuss the discovery issue to see if it can be resolved, but also reminded counsel that the parties are only required to produce documents within their possession, custody, or control. If the discovery dispute is not resolved within a week, Attorney MacRitchie should file a motion to compel. The court also set a deadline of July 1, 2024 for Attorney MacRitchie to file a motion for summary judgment. Briefing thereafter should follow Land Court Rule 4. Once briefing is complete, counsel should contact Clerk Hayes to schedule a hearing date. Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe. Hon. Jennifer S.D. Roberts, Presiding
  21. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Joseph A MacRitchie, Esq. [email protected] Defendant: Keith P Hampe, Esq. [email protected]
  22. etter from Attorney MacRitchie (with explanation as to why he cannot yet comply with the Court's deadline to file Plaintiffs' Motion for Summary Judgment on July 1, 2024), filed.
  23. etter from Attorney MacRitchie (with attached "Petitioner's Motion to Extend the Deadline for Discovery; Order the Respondents to Produce Documents Previously Requested; Extend the Deadline for the Filing of Dispositive Motions and to Impose the Costs Associated to the Same to be Paid by the Respondents), filed.
  24. his case has been REASSIGNED to the Hon. Lauren E. Reznick. Please direct further communication to Sessions Clerk Kathleen Hayes at [email protected]. (Piper, C.J.) Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Joseph A MacRitchie, Esq. [email protected] Defendant: Keith P Hampe, Esq. [email protected]
  25. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 01/28/2025 Time: 10:00 AM Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe.
  26. vent Resulted: Status Conference scheduled on: 01/28/2025 10:00 AM Has been: Held via video. Attorney Joseph A. MacRitchie appeared for plaintiffs, and Attorney Keith P. Hampe appeared for defendants. After discussion concerning case status, discovery, and scheduling, post-conference order to issue. Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe. Hon. Lauren E. Reznick, Presiding
  27. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Joseph A MacRitchie, Esq. [email protected] Defendant: Keith P Hampe, Esq. [email protected]
  28. ost-Conference Order, issued. (Copies emailed to Attorneys Joseph MacRitchie and Keith Hampe) Judge: Reznick, Hon. Lauren E.
  29. DR referral to REBA/DR issued.
  30. DR Report of REBA/OR: Parties have their screening scheduled Tuesday, February 25, 2025. Outcome: Pending.
  31. DR Report of REBA: Parties elected to participate in dispute resolution through the program. Mediation with the Hon. Alexander H. Sands III (ret) to take place on Thursday, April 24, 2025. Outcome: Pending.
  32. DR Report of REBA Parties elected to participate in Dispute Resolution through the Program; Mediation with the Hon. Alexander H. Sands, III (ret.) scheduled April 24, 2025. Outcome: Not Settled.
  33. cheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 06/18/2025 Time: 09:30 AM Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe.
  34. vent Resulted: Status Conference scheduled on: 06/18/2025 09:30 AM Has been: Held via video. Attorney Joseph A. MacRitchie appeared for plaintiffs, and Attorney Keith P. Hampe appeared for defendants. The court confirmed that discovery is complete and that the parties participated in mediation but did not reach a settlement. Attorney MacRitchie explained his position that Count I of his complaint is suitable for summary judgment. The court confirmed that Counts II and III would require trial if summary judgment were decided against plaintiffs. Attorney Hampe also agreed that Count I would be suitable for summary judgment. After discussion, the court set a schedule for the parties to prepare a joint statement of agreed facts and file cross-motions for summary judgment. Attorney MacRitchie shall share a proposed statement of agreed facts with Attorney Hampe by August 11, 2025. Thereafter, both counsel will work to come to a final agreed statement of material undisputed facts by August 25, 2025. The parties shall inform the court at that time if they are unable to agree to a joint statement of agreed facts and joint appendix to be used in both parties' motions. Plaintiffs' motion for summary judgment shall be filed by September 22, 2025. The content and timing of the motions, briefs, and related submissions will be governed by Land Court Rule 4 (oppositions to motions or cross-motions due 30 days after service), except that any replies shall be due 14 days after an opposition is served. The court also referred the parties to Land Court Standing Order 1-23 which requires that the parties provide the court with courtesy copies of any filings over 20 pages. Once briefing on the cross-motions is complete, the court will schedule a hearing. Attorney Hampe also inquired about the status of plaintiffs' survey. Attorney MacRitchie explained that he had last heard there was a dispute between the surveyor's measurements and the as-built plan of plaintiffs' property, and that he would discuss the status with his clients. The parties also discussed that the survey currently only depicts plaintiffs' property and the easement in dispute. Attorney Hampe noted that plaintiffs' claims also implicate defendants' usage of the paved area, which partially lies on defendants' land, and their maintenance of a fence, which he believes should be depicted on the survey. After discussion, the court agreed that, to assist the court, the survey needs to depict the entire disputed area, including relevant portions of defendants' land abutting the disputed easement and any relevant features like paving, fencing, plantings, etc. The court directed the parties to confer to resolve their concerns about the scope of the survey. The court set a deadline of August 11, 2025 for Attorney MacRitchie to update Attorney Hampe about the status of completing the survey. Should the parties need the court's involvement, they may file a status report or an appropriate motion. Email notice to: Attorney Joseph A. MacRitchie and Attorney Keith P. Hampe. Hon. Lauren E. Reznick, Presiding
  35. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Joseph A MacRitchie, Esq. [email protected] Defendant: Keith P Hampe, Esq. [email protected]
  36. tipulated Facts, filed.
  37. otion, filed.

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