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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-30
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 42 entries

Parties

Plaintiff Hunter, Timothy J.
Defendant Killeen, Peter|Agnew, Susan|Veale, James|Collins, Mark|Samson, Paul|Sweeney, Constance

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: 445165 Date: 10/30/2023
  4. and Court surcharge Receipt: 445165 Date: 10/30/2023
  5. and Court summons Receipt: 445165 Date: 10/30/2023
  6. niform Counsel Certificate for Civil Cases filed by Defendant.
  7. he case has been assigned to the A Track. Notice sent.
  8. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/15/2023 Time: 09:00 AM
  9. ummons returned to Court with service on Peter Killeen Trustee of the Woods at Wilbraham Condominium Trust, Susan Agnew Trustee of the Woods at Wilbraham Condominium Trust, James Veale Trustee of the Woods at Wilbraham Condominium Trust, Mark Collins Trustee of the Woods at Wilbraham Condominium Trust, Paul Samson Trustee of the Woods at Wilbraham Condominium Trust, Constance Sweeney Trustee of the Woods at Wilbraham Condominium Trust filed.
  10. oint Statement For Cases Management Conference, filed.
  11. vent Resulted: Case Management Conference scheduled on: 12/15/2023 09:00 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  12. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/22/2023 Time: 09:00 AM
  13. vent Resulted: Case Management Conference scheduled on: 12/22/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding December 22, 2023. Case management conference held by Zoom. Attorneys Sean P. Buxton, Michael Hayden, and Kevin Maynard appeared. The parties agree that the core issue in this case is whether and how G.L. c. 184, 23C applies to the defendant's decision to deny plaintiff leave to install solar panels on the roof of his condominium. This is a legal issue that is amenable to a motion to dismiss for failure to state a claim. Defendant to file motion to dismiss by January 5, 2024. Opposition is due February 5, 2024. Reply brief is due February 12, 2024. Hearing on the motion to dismiss is set down for February 16, 2024 at 10:30 am in person at the Land Court.
  14. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sean P Buxton, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Sent On: 12/22/2023 14:34:04
  15. cheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 02/16/2024 Time: 10:30 AM
  16. ithdrawal of Kevin C Maynard, Esq. for Timothy J. Hunter Trustee of Crashco Trust, filed
  17. ppearance of Lauren C Ostberg, Esq. for Timothy J. Hunter Trustee of Crashco Trust, filed
  18. efendants Motion to Dismiss With Incorporated Memorandum of Law, filed.
  19. ppendix to Defendant's Motion to Dismiss Pursuant to Land Court Rule 4, filed.
  20. laintiff's Opposition to the Defendant's Motion to Dismiss, filed.
  21. ppendix to Plaintiff's Opposition to Defendants' Motion to Dismiss Pursuant to Land Court Rule 4, filed. (Courtesy copy received on February 14 2024)
  22. vent Resulted: Hearing scheduled on: 02/16/2024 10:30 AM Has been: Held in person Hon. Robert B. Foster, Presiding February 16, 2024. Hearing on Motion to Dismiss held in person. Attorneys Sean P. Buxton, Michael Hayden and Sarah Mundo appeared. The motion to dismiss concerns the application of G.L. c. 184, 23C, to condominiums. Parties are given leave to file supplemental briefs by February 23, 2024, after which the Motion to Dismiss will be taken under advisement. (Foster, J.).
  23. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Lauren C Ostberg, Esq. [email protected] Plaintiff: Sean P Buxton, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Sent On: 02/16/2024 15:16:13
  24. laintiff's Supplemental Brief in Opposition to Defendants' Motion to Dismiss, filed.
  25. efendants' Post-Hearing Brief in Support of Motion to Dismiss, filed.
  26. emorandum and Order Allowing Motion to Dismiss and Granting Leave to Amend, issued. (Copies emailed to Attorneys Lauren Ostberg, Sean Buxton, and Michael Hayden) Judge: Foster, Hon. Robert B.
  27. mended Complaint for Declaratory Judgment and Injunctive Relief , filed.
  28. xhibits to Amended Complaint for Declaratory Judgment and Injunctive Relief, filed.
  29. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 05/17/2024 Time: 09:00 AM
  30. laintiff's Assented to Motion to Continue Case Management Conference scheduled for Friday, May 17, 2024 to Friday, May 24, 2024., filed.
  31. laintiff's Assented to Motion to Continue Case Management Conference ALLOWED. The May 17, 2024 case management conference is continued to May 24, 2024 at 9:15 am. Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Lauren C Ostberg, Esq. [email protected] Plaintiff: Sean P Buxton, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Sent On: 05/01/2024 16:00:08
  32. vent Resulted: Case Management Conference scheduled on: 05/17/2024 09:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  33. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 05/24/2024 Time: 09:15 AM
  34. oint Statement for Case Management Conference, filed.
  35. efendants' Answer to Plaintiff, Timothy Hunter's Amended Complaint, with Jury Demand, filed.
  36. vent Resulted: Case Management Conference scheduled on: 05/24/2024 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 24, 2024. Case Management Conference held via Zoom. Attorneys Sean P. Buxton, Lauren C. Ostberg and Sarah Mundo appeared. This case is regarding the plaintiff's request for a declaratory judgment requiring the installation and use of a solar energy system. The parties informed the Court they are discussing ADR and mediation. A joint status report on the status of settlement is due June 24, 2024. Discovery is STAYED until the submission of the status report. Discovery closes November 22, 2024. A Status Conference is set down for November 22, 2024 at 9:00 am via Zoom. (Foster, J.)
  37. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Lauren C Ostberg, Esq. [email protected] Plaintiff: Sean P Buxton, Esq. [email protected] Defendant: Michael Hayden, Esq. [email protected] Defendant: Sarah Mondo, Esq. [email protected] Sent On: 05/24/2024 15:27:59
  38. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 11/22/2024 Time: 09:00 AM
  39. oint Statement, filed.
  40. ithdrawal of Sean P Buxton, Esq. for Timothy J. Hunter Trustee of Crashco Trust, filed
  41. tipulation of Dismissal of Prejudice, filed.
  42. vent Resulted: Status Conference scheduled on: 11/22/2024 09:00 AM Has been: Canceled For the following reason: Case Closed Hon. Robert B. Foster, Presiding

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