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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-08
Status Open
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 71 entries

Parties

Plaintiff Ferrante, Robin|Ava Muscarella Individually, And Derivatively On Behalf Of The Estate Of John Tracy
Defendant Tracy, Peter

Lawyers

Docket Entries

  1. Notice of Docket Entry: Status conference held via videoconference on November 12, 2025. Attorney Leah Springarn appeared for the plaintiff on behalf her colleague, Attorney Ryan Martin, who could not appear due to a last-minute emergency. Attorney Jennifer Wakefield appeared for Defendant Peter Tracy, who was also in attendance to observe. The parties reported that the property has been listed, there have been open houses and private showings; however, they are not yet under agreement. The parties reported that there has been one reduction in price, and that they are both amenable to following the real estate agent's advice on future price adjustments, if recommended. The Court therefore ORDERED the parties to file a further Joint Status Report describing any progress made towards securing a sale on or before January 12, 2026. So ordered. Notice of Docket Entry was generated and sent to: Plaintiff: Ryan Patrick Martin, Esq. [email protected] Plaintiff: Leah R Spingarn, Esq. [email protected] Plaintiff: Kimza Marawat, Esq. [email protected] Defendant: Seema Malik Brodie, Esq. [email protected] Defendant: Anton R Reinert, Esq. [email protected] Defendant: Jennifer L Wakefield, Esq. [email protected] Sent On: 11/14/2025 10:26:59
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433112 Date: 08/08/2022
  4. Land Court surcharge Receipt: 433112 Date: 08/08/2022
  5. Land Court summons Receipt: 433112 Date: 08/08/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 09/22/2022 Time: 10:45 AM
  8. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Alan S Fanger, Esq. [email protected] Sent On: 08/22/2022 10:33:23
  9. Defendant's Answer to Plaintiffs' Verified Complaint in Equity,filed.
  10. Plaintiffs' Motion for Issuance of Memorandum of Lis Pendens,filed.
  11. Hearing Notice issued on Application for Lis Pendens. Judge: Speicher, Hon. Howard P. Event: Hearing on Lis Pendens Date: 09/22/2022 Time: 10:45 AM
  12. Joint Case Management Conference Memorandum,filed
  13. Stipulation of Parties regarding Plaintiff's Motion for Issuance of Memorandum of Lis Pendens,filed.
  14. Case management conference held by videoconference. Early intervention event held. Attorneys Alan S. Fanger and Anton R. Reinert appeared. Counsel informed the court as to related probate issues. After hearing, plaintiffs' motion for endorsement of memorandum of lis pendens is ALLOWED. The court set the following deadlines: pleadings to be amended by October 31, 2022; all written discovery requests to be served by October 31, 2022; responses to all written discovery requests to be completed by December 31, 2022; non-expert depositions to be completed by March 31, 2023; and expert disclosures and depositions, if any, to be completed by June 30, 2023.
  15. Alternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
  16. Event Resulted: Hearing on Lis Pendens scheduled on: 09/22/2022 10:45 AM Has been: Held via video Hon. Howard P. Speicher, Presiding
  17. Plaintiffs' Motion for Issuance of Memorandum of Lis Pendens, ALLOWED. Judge: Speicher, Hon. Howard P.
  18. Findings and Order of Approval of Memorandum of Lis Pendens, issued. (Copies emailed to Attorneys Alan Fanger, Seema Brodie, and Anton Reinert) Judge: Speicher, Hon. Howard P.
  19. Plaintiffs' Motion to Compel Production of Privilege Log, filed.
  20. Plaintiffs' Motion for Order authorizing Release of Medical Records, filed.
  21. Scheduled Judge: Speicher, Hon. Howard P. Event: Plaintiffs' Motion to Compel Production of Privilege Log Plaintiffs' Motion for Order authorizing Release of Medical Records Date: 03/01/2023 Time: 10:30 AM
  22. Stipulation of Parties regarding Plaintiff's Motion for Release of Medical Records and Plaintiffs' Motion to Compel Production of Privilege Log, filed and Approved by the Court.
  23. Plaintiffs' Motion to Compel Production of Privilege Log, Allowed Plaintiffs' Motion for Order authorizing Release of Medical Records, Allowed.
  24. Event Resulted: Motion scheduled on: 03/01/2023 10:30 AM Has been: Not held For the following reason: Request of Plaintiff(s) Hon. Howard P. Speicher, Presiding
  25. Plaintiffs' Motion for Finding of Contempt, filed.
  26. Affidavit of Alan S. Fanger, filed.
  27. Scheduled Judge: Speicher, Hon. Howard P. Event: Plaintiffs' Motion for Finding of Contempt Date: 09/06/2023 Time: 10:30 AM
  28. Event Resulted: Motion scheduled on: 09/06/2023 10:30 AM Has been: Not held For the following reason: Request of Plaintiff(s) Hon. Howard P. Speicher, Presiding
  29. Scheduled Judge: Speicher, Hon. Howard P. Event: Pre-Trial Conference Date: 03/14/2024 Time: 02:30 PM
  30. Joint Pre-Trial Memorandum, filed.
  31. Pretrial conference held by videoconference. Attorneys Alan Fanger and Anton Reinert appeared. Counsel represented that they are ready for trial. Counsel were advised of the possibility of proceeding under Land Court Rule 14 and are to report their positions on the matter to the sessions clerk prior to trial. The court will hold a trial from July 16, 2024, to July 18, 2024, in person at the Suffolk County Courthouse in Boston, beginning at 9:30 A.M. and concluding at 4:00 P.M. each day. The parties to contact the sessions clerk to schedule a hearing prior to trial on any motions in limine. The court encouraged the parties to continue discussions regarding the possibility of settlement.
  32. Scheduled Judge: Speicher, Hon. Howard P. Event: Trial Date: 07/16/2024 Time: 09:30 AM
  33. Scheduled Judge: Speicher, Hon. Howard P. Event: Trial Date: 07/17/2024 Time: 09:30 AM
  34. Scheduled Judge: Speicher, Hon. Howard P. Event: Trial Date: 07/18/2024 Time: 09:30 AM
  35. Emergency Motion of Alan S. Fanger,Esq. for Leave to withdraw as Plaintiffs' Counsel, filed.
  36. Scheduled Judge: Speicher, Hon. Howard P. Event: Hearing on Emergency Motion of Alan S. Fanger,Esq. for Leave to withdraw as Plaintiffs' Counsel Date: 07/10/2024 Time: 11:30 AM
  37. Affidavit of Alan S. Fanger, filed.
  38. Event Resulted: Hearing scheduled on: 07/10/2024 11:30 AM Has been: Held via video Hon. Howard P. Speicher, Presiding
  39. Event Resulted: Trial scheduled on: 07/16/2024 09:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Howard P. Speicher, Presiding
  40. Event Resulted: Trial scheduled on: 07/17/2024 09:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Howard P. Speicher, Presiding
  41. Hearing on Attorney Alan Fanger's motion to withdraw as counsel for the plaintiffs held by videoconference. Attorneys Alan Fanger and Anton Reinert appeared. Plaintiffs Robin Ferrante and Ava Muscarella also appeared. Following statements by counsel and plaintiffs, Attorney Fanger's motion to withdraw is ALLOWED. The plaintiffs expressed their intent to retain substitute counsel. The trial scheduled to begin on July 16, 2024 is cancelled. The court will delay rescheduling of the trial to allow the plaintiffs the opportunity to retain new legal counsel.
  42. Notice of Attorney's Lien, filed.
  43. Defendant's Motion to Enforce Terms of Settlement, filed.
  44. Scheduled Judge: Speicher, Hon. Howard P. Event: Defendant's Motion to Enforce Terms of Settlement Date: 12/10/2024 Time: 11:00 AM
  45. Appearance of William H Diadamo, Esq. for Ava Muscarella Individually, and Derivatively on Behalf of the Estate of John Tracy, Robin Ferrante, filed
  46. Event Resulted: Motion scheduled on: 12/10/2024 11:00 AM Has been: Rescheduled Hon. Howard P. Speicher, Presiding
  47. Scheduled Judge: Speicher, Hon. Howard P. Event: Defendant's Motion to Enforce Terms of Settlement Date: 12/18/2024 Time: 11:30 AM
  48. Hearing on motion to enforce terms of settlement held by videoconference. Attorney William Diadamo appeared for the plaintiff. Attorney Anton Reinert appeared for the defendant. Attorney Alan Fangar also appeared. The parties reported that they are in the process of finalizing a settlement agreement. The court expects a proposed stipulation of dismissal by December 31, 2024. In the event the case is not settled, the hearing is rescheduled for January 9, 2025, at 11:15 AM.
  49. Scheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 01/09/2025 Time: 11:15 AM
  50. General Release and Settlement Agreement,filed.
  51. Lienholder Alan S. Fanger's Motion for a Preliminary Injunction, filed.
  52. Limited Opposition of the Plaintiffs to the Lienholder Alan S. Fanger's Motion for Preliminary Injunction, filed.
  53. Status conference and hearing on motion for preliminary injunction held by videoconference. Attorney William Diadamo appeared for plaintiff. Attorney Anton Reinert appeared for defendant. The parties agreed that Attorney Fanger's claimed attorneys' fees will be reserved from the plaintiffs' net proceeds in any sale of the disputed property and such funds will be held in escrow in one of the plaintiffs' attorneys' IOLTA account until the claim is resolved. The court did not otherwise act on the motion.
  54. Stipulation of the Parties, filed.
  55. Notice of Docket Entry: On February 6, 2025, the parties filed a Stipulation which anticipated additional distributions from the closing proceeds, and that the stipulation would "be incorporated as an order of the Court." The Stipulation was not accompanied by a Motion, and no further action has been taken. The parties are ORDERED to appear for a Status Conference, via videoconference, at 2:30 p.m. on May 28, 2025 to review the status of the settlement and the next steps needed to bring this matter to final resolution. So ordered. Judge: Turano-Flores, Hon. Sarah A. Notice of Docket Entry was generated and sent to: Plaintiff: William H Diadamo, Esq. [email protected] Plaintiff: Alan S Fanger, Esq. [email protected] Defendant: Seema Malik Brodie, Esq. [email protected] Defendant: Anton R Reinert, Esq. [email protected] Defendant: Jennifer L Wakefield, Esq. [email protected] Sent On: 04/23/2025 12:35:02
  56. Scheduled Judge: Turano-Flores, Hon. Sarah A. Event: Status Conference Date: 05/28/2025 Time: 02:30 PM
  57. Notice of Docket Entry: Status conference held by videoconference. Attorney William DiAdamo appeared for the plaintiffs. Attorney Jennifer Wakefield appeared for the defendant. Attorney Alan Fanger, former counsel for the plaintiffs, appeared due to his pending G.L. c. 221, 50 attorney's lien. The parties discussed the General Release and Settlement Agreement, signed by the parties, and filed with the Court on December 31, 2024. The parties further discussed their progress marketing and selling the subject property, as well as how to best resolve Attorney Fanger's lien. The court declined to enter the parties' Stipulation regarding the lien, signed by all three counsel and filed on February 6, 2025, as an order of court without an accompanying motion and hearing. The court suggested such a motion was premature at this point, before the property sold, but might make sense in the event an agreement couldn't be reached as to the mechanism for determining and/or resolving the lien. The parties are ORDERED to appear for a further status conference on September 24, 2025, at 10:30 a.m. by videoconference unless the parties sooner report that they are ready for an earlier status conference or file a stipulation of dismissal. So ordered. Notice of Docket Entry was generated and sent to: Plaintiff: William H Diadamo, Esq. [email protected] Defendant: Jennifer L Wakefield, Esq. [email protected] Attorney Alan Fanger Sent On: 05/28/2025 15:57:23
  58. Scheduled Judge: Turano-Flores, Hon. Sarah A. Event: Status Conference Date: 09/24/2025 Time: 10:30 AM
  59. Motion of Alan S. Fanger,Esq. for Appointment of Special Trustee, filed.
  60. Appearance of Ryan Patrick Martin, Esq. for Robin Ferrante, filed
  61. Appearance of Ryan Patrick Martin, Esq. for Ava Muscarella Individually, and Derivatively on Behalf of the Estate of John Tracy, filed
  62. Appearance of Kimza Marawat, Esq. for Robin Ferrante, filed
  63. Appearance of Kimza Marawat, Esq. for Ava Muscarella Individually, and Derivatively on Behalf of the Estate of John Tracy, filed
  64. Notice of Docket Entry: The court will hold a hearing on the Motion of Alan S. Fanger, Esq. for Appointment of Special Trustee, via video conference, on November 12, 2025, at 12:00 p.m. Oppositions shall be filed on or before November 5, 2025. So ordered. Judge: Turano-Flores, Hon. Sarah A. Notice of Docket Entry was generated and sent to: Plaintiff: William H Diadamo, Esq. [email protected] Plaintiff: Alan S Fanger, Esq. [email protected] Plaintiff: Ryan Patrick Martin, Esq. [email protected] Plaintiff: Kimza Marawat, Esq. [email protected] Defendant: Seema Malik Brodie, Esq. [email protected] Defendant: Anton R Reinert, Esq. [email protected] Defendant: Jennifer L Wakefield, Esq. [email protected] Sent On: 09/17/2025 09:18:43
  65. Scheduled Judge: Turano-Flores, Hon. Sarah A. Event: Motion of Alan S. Fanger, Esq. for Appointment of Special Trustee Date: 11/12/2025 Time: 12:00 PM
  66. Event Resulted: Status Conference scheduled on: 09/24/2025 10:30 AM Has been: Held via video Hon. Sarah A. Turano-Flores, Presiding
  67. Withdrawal of William H Diadamo, Esq. for Robin Ferrante, Ava Muscarella Individually, and Derivatively on Behalf of the Estate of John Tracy, filed
  68. Notice of Docket Entry: Status conference held via videoconference on September 24, 2025. Attorney Ryan Martin appeared for plaintiffs Robin Ferrante and Ava Muscarella, who also appeared. Attorney William Diadomo also appeared to finalize his withdrawal as counsel for the plaintiffs. Attorney Anton Reinert appeared for the defendants. Attorneys Ryan and Reinert confirmed their clients have no objection to Attorney Diadomo's motion to withdraw, and the court thereafter ALLOWED the motion. The parties reported progress on the sale of locus. The property is now live on MLS, and there has been an open house. They are hopeful it will be under agreement soon. Attorney Reinert reported that he believed Attorney Fanger had stated that he would withdraw his Motion for Appointment of Special Trustee as soon as the property is listed. According to the docket, the Motion for Appointment of Special Trustee is currently scheduled for November 12, 2025, 12:00 noon, via video conference. Oppositions were ordered to be filed by November 5, 2025. In the event Attorney Fanger withdraws his motion, the court will still hold a Status Conference at that time, and the parties can report their further progress toward sale at that time. The parties are thus ORDERED to appear for a status conference, via video conference, on November 12, 2025, at 12:00 PM. If Attorney Fanger's motion remains pending at that time, it will also be heard. Notice of Docket Entry was generated and sent to: Plaintiff: William H Diadamo, Esq. [email protected] Plaintiff: Ryan Patrick Martin, Esq. [email protected] Plaintiff: Kimza Marawat, Esq. [email protected] Defendant: Seema Malik Brodie, Esq. [email protected] Defendant: Anton R Reinert, Esq. [email protected] Defendant: Jennifer L Wakefield, Esq. [email protected] Plaintiff: William H Diadamo, Esq. [email protected] Sent On: 09/25/2025 16:11:46
  69. Notice of Withdrawal of Motion (Alan S. Fanger),filed.
  70. Appearance of Leah R Spingarn, Esq. for Robin Ferrante, filed
  71. Appearance of Leah R Spingarn, Esq. for Ava Muscarella Individually, and Derivatively on Behalf of the Estate of John Tracy, filed

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