Your case is unique, but you are not alone.

About 41,000 new cases are filed in U.S. courts every weekday. Behind each one is a person trying to understand what happens next. Here’s what the public record can tell you about this matter — and about the people deciding it.

  • Know your judge

    Every judge has a pattern — what they grant, what they deny, how they handle the kinds of motions your case will see.

  • Know your attorney

    See an attorney’s actual track record — case types, courts, and how they’ve performed in front of this judge before.

  • Know your court

    Every courthouse has its own rhythm — filing-to-resolution times, common dispositions, how often cases like yours settle.

Is this judge more likely to rule for the plaintiff or the defendant in cases of this type?

How has your attorney actually performed in front of this judge?

AICasePredict surfaces patterns from public court records. We don’t predict outcomes and we don’t recommend changing your attorney — that’s a conversation for you and them. We just show you what the record already says.

Full Analytics Report

  • Complete case narrative
  • Judge details and rulings
  • Case disposition and outcome
  • All docket entries
  • Related cases and filings
$20
One-time purchase
Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

View Court Profile

Case Information

Filed 2023-10-27
Status Closed
Type E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1
Docket 76 entries

Parties

Plaintiff Acushnet Solar, Llc|Cushing Solar, Llc|Robinson Road Solar,llc|Woodbridge Renewables,llc|White's Dairy Farm, Inc
Defendant Clarke, Lucy B.|Couto, Gilbert|Couto, Anthony|Galenek, Rosemary Ann|Texeira, Daniel F.|Texeira, Ilda|The Town Of Acushnet|Francois, Mark|Boucher, Steven|Ellis, Richard A.|Deschamps, Bryan|Davignon, David M.|The Acushnet Planning Commission

Lawyers

Docket Entries

  1. tipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 445142 Date: 10/27/2023
  4. and Court surcharge Receipt: 445142 Date: 10/27/2023
  5. erified Complaint eFiled.
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Bradley L Croft, Esq. [email protected] Plaintiff: Michael Dana Rosen, Esq. [email protected] Plaintiff: Adam Garrett Gutbezahl, Esq. [email protected] Sent On: 11/01/2023 10:25:48
  8. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 12/22/2023 Time: 10:00 AM Counsel notified via email.
  9. laintiffs' Motion for Appointment of Special Process Server, filed and ALLOWED. Counsel notified via email. Judge: Patterson, Deborah J.
  10. laintiffs White's Farm Dairy, Inc., Cushing Solar, LLC, and Woodbridge Renewables, LLC's Motion for a Preliminary Injunction, filed.
  11. emorandum of Law in Support of Plaintiffs White's Farm Dairy, Inc., Cushing Solar, LLC, and Woodbridge Renewables, LLC's Motion for a Preliminary Injunction, filed.
  12. ffidavit of Adam G. Gutbezahl, Esq., in Support of Plaintiffs White's Farm Dairy, Inc., Cushing Solar, LLC, and Woodbridge Renewables, LLC's Motion for a Preliminary Injunction, filed. (Courtesy copy filed 12/1/2023)
  13. laintiffs White's Farm Dairy, Inc., Cushing Solar, LLC, and Woodbridge Renewables, LLC's Ex Parte Motion for Short Order of Notice, filed and ALLOWED. Preliminary Injunction Hearing scheduled for December 8th at 9:00 am via zoom. (Rubin, J.) Counsel notified via email.
  14. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Rubin, Hon. Diane R. Event: Hearing on Preliminary Injunction VIA ZOOM. Date: 12/08/2023 Time: 09:00 AM Counsel notified via email.
  15. vent Resulted: Hearing on Preliminary Injunction scheduled on: 12/08/2023 09:00 AM Has been: Rescheduled to December 13, 2023 at 9:30 am, at the request of counsel and by agreement of the court. Hon. Diane R. Rubin, Presiding
  16. earing Notice issued on Application for Preliminary Injunction. Judge: Rubin, Hon. Diane R. Event: Hearing on Preliminary Injunction VIA ZOOM. Date: 12/13/2023 Time: 09:30 AM Counsel notified via email.
  17. ppearance of Jonathan David Eichman, Esq., Jeffrey T Blake, Esq. for The Town Of Acushnet, Mark Francois Member of the Acushnet Planning Commission, Steven Boucher Member of the Acushnet Planning Commission, Richard A. Ellis Member of the Acushnet Planning Commission, Bryan Deschamps Member of the Acushnet Planning Commission, David M. Davignon Member of the Acushnet Planning Commission, The Acushnet Planning Commission, Town Of Acushnet, filed
  18. ull size copies of the following plans are in the case file: - Plan 106-31, Exhibit K on Affidavit of Adam F. Gutbezahl - Plan 148-58, Exhibit P on Affidavit of Adam F. Gutbezahl - Plan 183-111, Exhibit A on Affidavit of Adam F. Gutbezahl
  19. vent Resulted: Hearing on Preliminary Injunction scheduled on: 12/13/2023 09:30 AM Has been: Hearing on motion for preliminary injunction held via videoconference. Attorney Adam Gutbezahl appeared on behalf of plaintiffs, and Attorney Jonathan Eichman appeared on behalf of the Town of Achushnet and the Acushnet Planning Commission (the "Municipal Defendants"). Defendant Anthony Couto appeared pro se and Rosemary Ann Galanek (nee Allen, as listed in the complaint) appeared pro se on her own behalf as the fee owner in Parcel 7-26E on the1981 ANR Plan as defined below and also as representative under power of attorney for her father defendant Gilbert Couto, who holds a life estate in that property, but suffers from dementia. Court is in receipt of the Verified Complaint; Plaintiffs White's Farm Dairy, Inc., Cushing Solar, LLC, and Woodbridge Renewables, LLC's Motion for Preliminary Injunction and the memorandum and affidavit in support thereof. As an initial matter, court explained to defendants what being a pro se party entails, including that the same rules of evidence and procedure apply to both represented and pro se litigants, and that the court cannot provide any legal assistance or advice. Court further encouraged defendants to retain counsel and advised them of the limited assistance representation ("LAR") program. CLARIFICATION OF PARTIES' CLAIMS. As to the relief sought against the Municipal Defendants, Attorney Eichman advised that plaintiffs and the Municipal Defendants were in the process of negotiations to resolve the underlying claims regarding the expiration of the special permit and enforcement of a trespass notice against plaintiffs. Attorney Gutbezahl confirmed and counsel advised that they if negotiations with the Municipal Defendants are successful, plaintiffs will file a stipulation and/or an amended complaint to reflect this agreement. Attorney Gutbezahl further clarified that an amended complaint would resolve all claims by plaintiffs Acushnet Solar, LLC and Robinson Road Solar, LLC, which claims were limited to the alleged lapse of special permit. As such, the amended complaint would involve only claims related to the preliminary injunction and alleged access easement over the private portion of Cushing Lane to the owned and leased properties of plaintiffs White's Dairy Farm, Inc., Cushing Solar, LLC, and Woodbridge Renewables, LLC. Accordingly and by December 29, 2023, Attorney Gutbezahl to file any stipulation and an amended complaint clarifying the continuing parties and claims before the court, and will also ensure that all the addresses for all parties be included. PRELIMINARY INJUNCTION. Court then heard argument relative to plaintiff's motion for preliminary injunction. During argument court shared the following plans using Zoom's screenshare function, depicting the properties at issue: (1) the "Definitive Subdivision Plan, Cushing Lane in Acushnet, MA" prepared by Romanelli Associates, Inc. and dated August 15, 2011; the "Plan of Land in Acushnet, Mass. for White's Farms, Inc" prepared by Robert A. Cattley and dated October 5, 1981(the "1981 ANR Plan"); and (3) the "ANR Plan of Land" prepared by Fitzgerald Engineering Inc. and dated March 9, 2001. During colloquy, it also became clear that the leased property of plaintiff Woodridge Renewables, LLC may have access from Main Street over Nancy Brito's property (Lot 23 on the 2011 subdivision plan, located to the west of Couto Parcel/Lot 26E). The court also used Zoom to screenshare a number of photographs provided by Anthony Couto depicting the end of the paved portion of Cushing Lane, including current and historical images from Google Street View. Following argument, the motion for preliminary injunction is DENIED for the reasons articulated on the record and as follows: A preliminary injunction may issue only if the moving party demonstrates (a) a likelihood of success on the merits, (b) that it faces a substantial risk of irreparable harm if the injunction is not issued, and (c) that this risk of irreparable harm outweighs any risk of irreparable harm which granting the injunction would create for the defendant. Garcia v. Department of Hous. and Community Dev., 480 Mass. 736, 747 (2018); GTE Products Corp. v. Stewart, 414 Mass. 721, 722-24 (1993); Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 617 (1980). Plaintiffs White's Dairy Farm, Inc., Cushing Solar, LLC, and Woodbridge Renewables, LLC ("Plaintiffs") seek a Preliminary Injunction prohibiting certain abutters to a private way in Acushnet known as Cushing Lane from blocking or otherwise preventing Plaintiffs from accessing certain former farmland located at 0 Cushing Lane at the terminus of that way ("Locus") in order to (1) access construction equipment stranded on the Locus and (2) complete construction of solar energy facilities. As set forth in the Verified Complaint, White's Farm Dairy, Inc. ("White's Farms") (lessor and grantee of access easements to certain plaintiffs) subdivided its property in the 1980's, creating lots on either side of the private way, between 0 Cushing Lane and a more distant public portion of Cushing Lane. Plaintiffs allege that White's Farms continued to use the private portion of Cushing Lane for access to the public way after White's Farms subdivided its land and deeded out lots abutting the private portion of Cushing Lane. Plaintiffs do not claim an express easement to use the private way, nor could they since the deeds to the lots along the way, as well as Plaintiffs' deeds include no such express rights. Plaintiffs advance a number of legal theories to support their claim of an easement to support the current solar development of the old White's Farms. The Verified Complaint alleges rights in the way under the Derelict Fee Statute, G.L. c. 183, 58, as well as easements by prescription, implication, or necessity. The evidence before the court, however, is meagre and insufficient to sustain the Plaintiffs' burden of proof and demonstrate a likelihood of success on the merits. Of interest is Exhibit K to the Affidavit of Adam Gutbezahl, the 1981 ANR Plan, which was approved by the Town's Planning Board as an Approval under the Subdivision Control Law not required. That 1981 ANR Plan shows a 40-foot-wide layout of the public portion of Cushing Lane, which public portion ends with subdivision lots on either side of the way and shows the "Remaining Land of White's Farms, Inc." (31 acres) at the terminus of the private portion of Cushing Lane. A Note reads: "The remaining land of White's Farms, Inc. does not constitute a building lot." This 1981 ANR Plan and the Note give rise to questions about the historic use of the Locus and would appear inconsistent with the Plaintiffs' claim of prescriptive use, with historic use also refuted by Anthony Couto for activities other than associated with cultivating corn. Because use during the prescriptive period fixes the scope of an easement by prescription, it is questionable whether prior use to support farming operations would support the new solar facility. Glen v. Poole, 12 Mass. App. Ct. 292, 292-93 (1981), quoting Lawless v. Trumbull, 343 Mass. 561, 563 (1962) ("[T]he variations in use [of a prescriptive easement] cannot be substantial; they must be consistent with the general pattern formed by the adverse use."). As for Plaintiffs' claim of an easement by implication, such an easement would derive if a use was in effect in or about 1981, at the time of subdivision and severance of the fee in Cushing Lane from White's Farms. FOD, LLC v. White, 99 Mass. App. Ct. 407, 412-415 (2021), quoting Restatement (First) of Property 484 Comment b (1944) (noting that the scope of an easement by implication is limited to what "parties might reasonably have expected from future uses of the dominant tenement"). Here again the record before the court lacks evidence of such use sufficient to sustain the Plaintiffs' burden of proof as to the proper scope of any implied easement. Lastly, a claimed easement by necessity does not now appear to be supported by the record before the court. An easement by necessity is presumed from the fact that at the time of severance of title there was no other access available. Kitras v. Town of Aquinnah, 474 Mass. 132, 139-40 (2016). Here, where Plaintiffs bear the burden of proof in the first instance to demonstrate (1) unity of title, (2) severance of that unity by a conveyance, and (3) necessity arising from the severance, the record is lacking. See id. I note also that the presumption of necessity can be rebutted with evidence that there was no intent to create an easement or no intent that there be continued use. Id. at 140. Specifically, Plaintiffs have not established that there is no other means of access, at least with respect to Woodbridge Renewables, LLC. To the contrary, there is some indication that there may be an alternate means of access to Locus via Main Street over Nancy Brito's property, as clarified during argument. In sum, plaintiff has not presented a record of title or of the scope of historic use of any alleged easement sufficient to demonstrate a likelihood of success on the merits to establish an easement for use by the solar entities under the Derelict Fee Statute, by prescription, by implication, or by necessity. Court explored with the parties the possibility of a negotiated resolution of the easement dispute to avoid the time, expense, and risk of litigation, with all parties indicating an interest in further exploring that possibility once Attorney Gutbezahl has an opportunity to confer with his clients and the missing defendants appear. In addition, parties agreed to work cooperatively towards removing the alleged stranded construction equipment on the White's Farm parcel, provided however that those efforts will not waive any parties' rights or arguments in connection with this matter. Before next status conference, Mr. Couto and Ms. Galanek to file notices of appearances, with Ms. Galanek also to file a copy of Gilbert Couto's power of attorney. By December 29, 2023, Attorney Gutbezahl to file an amended complaint as well as any stipulations with the Municipal Defendants (or potentially a motion for partial agreement for judgment). Status conference scheduled for January 9, at 2:00 P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se defendants notified via email.
  20. vent Resulted: Case Management Conference scheduled on: 12/22/2023 10:00 AM Has been: Canceled Hon. Diane R. Rubin, Presiding
  21. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 01/09/2024 Time: 02:00 PM
  22. ummons returned to Court with service on ALL NAMED DEFENDANTS, filed. Service made either IN HAND or at the last and usual place of abode on December 5, 2023.
  23. greement for Judgment filed by the Plaintiffs and Town Defendants.
  24. erified Amended Complaint, filed.
  25. ppearance of Pro Se for Anthony Couto, Rosemary Ann Galenek, Gilbert Couto, filed Copy of Durable General Power of Attorney of Rosemary Galenek for Gilbert A. Couto.
  26. ppearance of Joseph Patrick Kennedy, Esq. for Rockland Trust Company, filed
  27. vent Resulted: Status Conference scheduled on: 01/09/2024 02:00 PM Has been: Status conference held via videoconference. Attorney Adam Gutbezahl appeared on behalf of plaintiffs, Attorney Jonathan Eichman appeared on behalf of the Town of Achushnet and the Acushnet Planning Commission (the "Municipal Defendants"), and Attorney Joseph Kennedy appeared on behalf of Rockland Trust Co. (holder of a mortgage on the Texeira property). Defendant Anthony Couto appeared pro se and Rosemary Ann Galanek (nee Allen, as listed in the complaint) appeared pro se on her own behalf as the fee owner in Parcel 7-26E on the 1981 ANR Plan as defined below and also as representative under power of attorney for her father defendant Gilbert Couto, who holds a life estate in that property, but suffers from dementia. Court has docketed Notices of Appearances for both of these parties as well as a copy of the power of attorney. Lucy Clarke also appeared pro se and advised that she will be mailing her Notice of Appearance Form. Court further requested that the pro se parties also each file answers to the Plaintiff's Verified Amended Complaint, with all parties agreeing to forgo receipt of service of answers and other pleadings by the pro se parties so long as filed with the court and docketed in MassCourts. Before the court were the Plaintiffs' Verified Amended Complaint and Agreement for Judgment filed by the Plaintiffs and Town Defendants, the former including a revised Count IV against the Town. Plaintiffs and Town agreed that no action was requested with respect to their Agreement for Judgment. Attorneys Gutbezahl and Eichman further reported that they are working on a settlement which would resolve the pending related Superior Court matter (as to which there is a request for interdepartmental assignment pending), as well as Count IV of the Verified Amended Complaint in this case. Following colloquy, court set a discovery deadline of October 31, 2024, to include all expert designations and disclosures. In addition, a further status conference is scheduled for March 5, 2024, at 2:00 P.M. to check on the progress of settlement discussions, the status of Plaintiffs' efforts to secure title insurance coverage, and in the hopes that defendants Daniel and Hilda Teixeira will also be able to attend. The court will make arrangements for a Portuguese interpreter for the Teixeiras at the March 5th status conference, having been advised by Mr. Couto that the Teixeira's are concerned about their lack of English language fluency may be an impediment to their participation. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  28. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 03/05/2024 Time: 02:00 PM
  29. nterested Party Rockland Trust Company's Answer to Plaintiff's Verified Amended Complaint, filed.
  30. ppearance of Pro Se for Lucy B. Clarke, filed
  31. efendant Lucy B. Clarke's Answer to Plaintiff's Verified Amended Complaint, filed.
  32. nswer of Defendant Anthony Couto to Verified Amended Complaint, filed.
  33. ppearance of Pro Se for Daniel F. Texeira, Ilda Texeira, filed
  34. nswer of Defendant Gilbert Couto to Verified Amended Complaint,, filed.
  35. nswer of Defendant Rosemary Ann Galenek to Verified Amended Complaint,, filed.
  36. opy of the Letter from the Executive Office of the Trial Court DENYING the request for interdepartmental judicial assignment, filed.
  37. nswer of Defendant Ilda Texeira to the Verified Amended Complaint, filed.
  38. nswer of Defendant Daniel Texeira to the Verified Amended Complaint
  39. vent Resulted: Status Conference scheduled on: 03/05/2024 02:00 PM Has been: Status conference held via videoconference. Attorney Adam Gutbezahl appeared on behalf of plaintiffs, Attorney Jonathan Eichman appeared on behalf of the Town of Acushnet (the "Town"), and Anthony Cuoto, Lucy B. Clarke, Rosemary Ann Galenek, Daniel Texeira, and Ilda Texeira appeared pro se. Attorney Joseph Kennedy appeared on behalf of interested party Rockland Trust Company. Court is in receipt of the Interested Party Rockland Trust Company's Answer to Plaintiff's Verified Amended Complaint, Defendant Lucy B. Clarke's Answer to Plaintiff's Verified Amended Complaint, Answer of Defendant Anthony Couto to Verified Amended Complaint, Answer of Defendant Gilbert Couto to Verified Amended Complaint, Answer of Defendant Rosemary Ann Galenek to Verified Amended Complaint, Answer of Defendant Daniel Texeira to Verified Amended Complaint and Answer of Defendant Ilda Texeira to Verified Amended Complaint. Gutbezahl advised that Plaintiffs and the Town continuing to work cooperatively toward finalizing an agreement for judgment as to the claims against the Town (in both this case and the related Superior Court case), and that fruitful settlement discussions were being had with the various pro se parties. The pro se parties confirmed that discussions were positive but ongoing. However, Ms. Clarke raised an issue as to nearby stagnant water, and Mr. Couto and Mr. Texeira raised concerns about water runoff from the solar facilities that was traveling over their properties. Parties advised that a hearing of the conservation commission was scheduled to consider the extension of the order of conditions. Following colloquy, court encouraged parties to continue their negotiations to avoid the time, expense, and risk of litigations. Considering parties efforts have been focused on settlement, court STAYS discovery until further order of the court. Status conference scheduled for April 24, 2024, at 11:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  40. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 04/24/2024 Time: 11:30 AM
  41. ummons returned to Court with service on Santander Bank, N.A filed. Served IN-HAND to Eliona Doga, Representative Teller on March 11, 2024.
  42. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Santander Bank, N.A, filed.
  43. ffidavit in Support of Plaintiffs' Request for Default for Party-In-Interest Santander Bank. N.A., filed.
  44. efendant Santander Bank, N.A defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  45. vent Resulted: Status Conference scheduled on: 04/24/2024 11:30 AM Has been: Status conference held via videoconference. Attorneys Michael Rosen and Adam Gutbezahl appeared on behalf of plaintiffs, Attorney Jonathan Eichman appeared on behalf of the Town of Acushnet (the "Town"), and Anthony Couto, Lucy B. Clarke, Rosemary Ann Galenek, Daniel Texeira, and Ilda Texeira appeared pro se. Attorney Joseph Kennedy appeared on behalf of interested party Rockland Trust Company. Court and parties discussed their progress toward a global settlement, with Attorney Rosen reporting that agreements in principle had been achieved with all parties except for Ms. Clarke, and that discussions were ongoing with Ms. Clarke to finalize a global settlement. Following colloquy, Attorney Gutbezahl to continue working with Ms. Clarke toward a negotiated resolution and the parties to draft appropriate settlement documentation. Status conference scheduled for May 31, 2024, at 11:30 A.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigants notified via email.
  46. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/31/2024 Time: 11:30 AM
  47. rder Approving Agreement for Partial Judgment (Land Court Rule 10) issued. (Copies emailed to Attorneys Adam Gutbezahl, Bradley Croft, Michael Rosen, Jonathan Eichman, Jeffrey Blake, and Joseph Kennedy, and Pro Se Respondents Lucy Clarke, Gilbert Couto, Anthony Couto, Rosemary Galanek, Daniel Texeira, and Ilda Texeira) Anthony Couto will be bringing a copy to the Texeira's as the email on record does not work. Judge: Rubin, Hon. Diane R.
  48. vent Resulted: Status Conference scheduled on: 05/31/2024 11:30 AM Has been: Status conference held via videoconference. Attorney Adam Gutbezahl appeared on behalf of plaintiffs, Attorney Jonathan Eichman appeared on behalf of the Town of Acushnet (the "Town"), and Anthony Couto, Lucy B. Clarke, Rosemary Ann Galenek, and Daniel Texeira, appeared pro se. Also present was Attorney J. Patrick Kennedy for interested party Rockland Trust Company. Attorney Gutbezahl and those in attendance confirmed that settlement efforts were nearing completion. Status conference scheduled for July 31, 2024, at 2:30 P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigants notified via email.
  49. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 07/31/2024 Time: 02:30 PM
  50. ppearance of Alexandra Brodsky, Esq. for Santander Bank, N.A, filed
  51. nswer and Affirmative Defenses to Plaintiff's Complaint, filed.
  52. tipulation of Dismissal without Prejudice between Plaintiff Acushnet Solar, LLC and Defendants Town of Acushnet and Mark Francois, Steven Boucher, Richard A. Ellis, Bryan Deschamps, and David Davignon, as Members of the Acushnet Planning Board, filed.
  53. tipulation of Dismissal without Prejudice between Plaintiff Acushnet Solar, LLC and Woodbridge Renewables, LLC and Defendants Town of Acushnet and Mark Francois, Steven Boucher, Richard A. Ellis, Bryan Deschamps, and David Davignon, as Members of the Acushnet Planning Board, filed.
  54. vent Resulted: Status Conference scheduled on: 07/31/2024 02:30 PM Has been: Status conference held via videoconference. Attorney Adam Gutbezahl appeared on behalf of plaintiffs, and Anthony Couto, Lucy B. Clarke, and Rosemary Ann Galenek, appeared pro se. Attorney Joseph Kennedy appeared on behalf of interested party Rockland Trust Company, Attorney Alexandra Brodsky appeared on behalf of interested party Santander Bank. Court is in receipt of (1) Answer and Affirmative Defenses to Plaintiff's Complaint from Santander Bank. Attorney Gutbezahl reported that plaintiffs and all defendants had agreed in principle on settlement terms, but that the process of documenting those agreements was ongoing. All the defendants present agreed that they were content with the general terms as discussed with plaintiffs' counsel pending final review and execution of the documents. Attorney Gutbezahl further reported that subordination of mortgage documents had been sent to Rockland Trust Company and Santander Bank for review. Once the settlement agreements were signed and the easement agreements recorded, plaintiffs plan to file a stipulation of dismissal to resolve the case. Status conference scheduled for September 12, 2024, at 12:00 P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigants notified via email.
  55. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/12/2024 Time: 12:00 PM
  56. vent Resulted: Status Conference scheduled on: 09/12/2024 12:00 PM Has been: Status conference held via videoconference. Attorney Gutbezahl appeared on behalf of the plaintiff, Anthony Cuoto, Lucy B. Clarke, Rosemary Ann Galenek, and Daniel Texeira appeared pro se. Attorney Joseph Kennedy appeared on behalf of interested party Rockland Trust Company and Attorney Hasselbacher appeared on behalf of interested party Santander Bank. Attorney Gutbezahl and those in attendance confirmed that settlement efforts were nearing completion, as Attorney Gutbezahl has distributed proposed settlement documents, which included easement agreements, to each of the pro se litigants, to be reviewed with their respective legal counsel. In addition, Santander Bank has executed and returned to Attorney Gutbezahl a subordination agreement with respect to 40 Cushing Lane. Lastly, court asked Attorney Gutbezahl how he and the Town proposed to close out this case when plaintiffs file a stipulation of dismissal with respect to the above identified parties and parcels, in light of the court's prior issuance of an Order Approving Agreement for Partial Judgment between plaintiffs and the Town. Thus, Attorney Gutbezahl to confer with Attorney Eichman and invite him to attend the next status conference. Status Conference scheduled for November 21, 2024, at 2:00P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigants notified via email.
  57. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 11/21/2024 Time: 02:00 PM
  58. otion for Voluntary Dismissal without Prejudice of Party-In-Interest Rockland Trust Company pursuant to Mass.R.Civ.P. 41(a)(2), filed.
  59. otion for Voluntary Dismissal without Prejudice of Party-In-Interest Rockland Trust Company pursuant to Mass.R.Civ.P. 41(a)(2) ALLOWED as to Rockland Trust ONLY. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  60. vent Resulted: Status Conference scheduled on: 11/21/2024 02:00 PM Has been: Status conference held via videoconference. Attorney Gutbezahl appeared on behalf of the plaintiffs. Defendants Anthony Couto, Lucy B. Clarke, Rosemary Ann Galenek, and Daniel Texeira appeared pro se. Attorney Brodsky appeared on behalf of interested party Santander Bank and Attorney Jonathan Eichman appeared on behalf of the Town of Acushnet. Parties advised that they continued to work toward finalizing settlement documentation, and that defendants had retained counsel to advise them in that regard. Attorneys Gutbezahl and Eichman advised that they were content with the current status of their Order Approving Agreement for Partial Judgment and would need no further relief. Status conference scheduled for December 23, 2024, at 3:00P.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigants notified via email.
  61. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 12/23/2024 Time: 03:00 PM
  62. vent Resulted: Status Conference scheduled on: 12/23/2024 03:00 PM Has been: Status conference held via videoconference. Attorney Gutbezahl appeared on behalf of the plaintiffs. Defendants Anthony Couto, Lucy B. Clarke, and Rosemary Ann Galenek appeared pro se. Attorney Brodsky appeared on behalf of interested party Santander Bank. Parties advised that Ms. Clarke has executed the settlement agreement, and the remainder of the defendants continue to work toward finalizing settlement documentation with the assistance of counsel. Status conference scheduled for January 31, 2025, at 9:30A.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se litigants notified via email.
  63. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Bradley L Croft, Esq. [email protected] Plaintiff: Michael Dana Rosen, Esq. [email protected] Plaintiff: Adam Garrett Gutbezahl, Esq. [email protected] Interested Party: Alexandra Brodsky, Esq. [email protected] Defendant: Lucy B. Clarke [email protected] Defendant: Gilbert Couto [email protected] Defendant: Anthony Couto [email protected] Defendant: Rosemary Ann Galenek [email protected] Defendant: Daniel F. Texeira [email protected] Defendant: Ilda Texeira [email protected] Sent On: 12/30/2024 10:00:49
  64. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 01/31/2025 Time: 09:30 AM
  65. vent Resulted: Status Conference scheduled on: 01/31/2025 09:30 AM Has been: Continued to February 13, 2025 at 10:00 am at the suggestion of the court and by agreement of the parties. Hon. Diane R. Rubin, Presiding
  66. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 02/13/2025 Time: 10:00 AM Counsel notified via email.
  67. vent Resulted: Status Conference scheduled on: 02/13/2025 10:00 AM Has been: Canceled. A Joint Status Report is to be filed by February 28, 2025. If a hearing needs to be scheduled we can do so at that time. Counsel reported they are still working towards settlement. Hon. Diane R. Rubin, Presiding
  68. otice of Docket Entry: The date to file the Joint Status Report has been extended to March 14, 2025. Counsel and Pro Se litigants notified via email. Judge: Rubin, Hon. Diane R. Notice of Docket Entry was generated and sent to: Plaintiff: Bradley L Croft, Esq. [email protected] Plaintiff: Michael Dana Rosen, Esq. [email protected] Plaintiff: Adam Garrett Gutbezahl, Esq. [email protected] Defendant: Jonathan David Eichman, Esq. [email protected] Interested Party: Alexandra Brodsky, Esq. [email protected] Interested Party: Joseph Patrick Kennedy, Esq. [email protected] Defendant: Lucy B. Clarke [email protected] Defendant: Anthony Couto [email protected] Defendant: Rosemary Ann Galenek [email protected] Defendant: Daniel F. Texeira [email protected] Defendant: Ilda Texeira [email protected] Sent On: 02/21/2025 14:07:36
  69. ithdrawal of Adam Garrett Gutbezahl, Esq. for Acushnet Solar, LLC, Cushing Solar, LLC, Woodbridge Renewables,LLC, White's Dairy Farm, INC, filed
  70. tty. Rosen emailed the court asking for an extension of the date to file a Joint Status Report. The court allowed this request. The date is now March 31, 2025. Counsel and Pro Se litigants notified via email. Judge: Rubin, Hon. Diane R.
  71. tty. Rosen emailed the court asking for an extension of the date to file a Joint Status Report. The court allowed this request. The date is now April 4, 2025. Counsel and Pro Se litigants notified via email. Judge: Rubin, Hon. Diane R.
  72. tty. Rosen emailed the court asking for an extension of the date to file a Joint Status Report. The court allowed this request. The date is now April 11, 2025. Counsel and Pro Se litigants notified via email. Judge: Rubin, Hon. Diane R.
  73. tty. Rosen emailed the court an update: "At this point in time, I believe that we have all the terms and conditions of the settlement agreed upon. It will likely take some time to attend to the execution of agreements with all the parties and recording/filing, etc Subject to the agreement of each of the parties, the Plaintiffs believe that we can report the case as settled and ask the Court for a Nisi period, somewhere between 30 - 45 days to allow time to close on each transaction involved in the settlements." Counsel to file a further Joint Status Report by May 12, 2025. Depending on what is reported a Nisi Order can be re-visited. Judge: Rubin, Hon. Diane R.
  74. tty. Rosen emailed the court an update: "This matter has been settled. All documents have been signed and delivered in escrow. Escrow will be released tomorrow or Wednesday, after which the parties will seek the Court to Dismiss the Action without Prejudice."
  75. otion to Allow Stipulation of Dismissal without Prejudice, filed.
  76. otion to Allow Stipulation of Dismissal without Prejudice, ALLOWED. Court will close out this case. Counsel and Pro Se litigants notified via email. Judge: Rubin, Hon. Diane R.

See the patterns behind this case

The free view above tells you who’s in the room. The detailed reports below show how the room tends to behave — using the same public records lawyers quietly rely on before every hearing.

  • Judge Report

    How this judge has ruled in cases like yours — case mix, motion outcomes, and historical docket. Judges set the floor of what’s possible in your courtroom.

  • Attorney vs Judge Report

    Everything in the Judge Report, plus how your attorney has actually performed in front of this judge. Attorneys move you off the floor — or don’t.

One-time payment, no subscription. Reports describe past public court activity — they don’t predict outcomes and they aren’t legal advice.

Get Free Case Details

Enter your email to receive case information including parties, docket entries, and status updates.

By submitting you agree to our Privacy Policy.

Need this case removed? Enter your email above — the confirmation email includes a case removal link.

Legal Analytics Has Been Featured In

Featured in Forbes, Bloomberg, The New Yorker, Above The Law, American Bar Association, and more