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Case Information

Filed 2022-08-18
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 105 entries
Disposition judgment entered

Parties

Plaintiff Sudbury Valley Trustees, Inc.
Defendant Iron Horse Equestrian, Llc|Iron Horse Dressage, Llc|Iron Horse Farms, Llc|Mc Kelvy, Wendy

Lawyers

Docket Entries

  1. Amendment to Judgment, filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433383 Date: 08/18/2022
  4. Land Court surcharge Receipt: 433383 Date: 08/18/2022
  5. Land Court summons Receipt: 433383 Date: 08/18/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent. Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Michael S Campinell, Esq. [email protected] Sent On: 09/06/2022 13:56:23
  8. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 10/13/2022 Time: 09:30 AM Email notice to: Attorney Michael S. Campinell and Attorney Lauren M. Karam.
  9. Summons returned to Court with service on Iron Horse Farms, LLC, Wendy McKelvy filed. As to Iron Horse Farms, LLC - 08/30/2022: Service in hand to Michael McKelvy, agent, person in charge at the time of service; As to Wendy McKelvy - 08/30/2022: Service by leaving at the last and usual place of abode.
  10. Defendants' Answer to Plaintiff's Complaint, filed by email.
  11. Summons returned to Court with service on Iron Horse Equestrian, LLC, Iron Horse Dressage, LLC filed. As to Iron Horse Equestrian, LLC - 08/30/2022: Service in hand to Michael McKelvy, agent, person in charge at the time of service; As to iron Horse Dressage, LLC - 08/30/2022: Service in hand to Michael McKelvy, agent, person in charge at the time of service.
  12. Assented To Motion for Admission Pro Hac Vice of Eric L. Klein, filed by email.
  13. Joint Statement for the October 13, 2022 Case Management Conference, filed by email.
  14. Event Resulted: Case Management Conference scheduled on: 10/13/2022 09:30 AM Has been: Held via video, Attorneys Michael S. Campinell and Lauren M. Karam appeared for the plaintiff, Attorney Richard A. Nylen appeared for defendants and Attorney Eric L. Klein appeared pro hac vice for the plaintiff. Hearing no objections, Attorney Klein's pending Assented to Motion for Admission Pro Hac Vice is ALLOWED. Turning to the merits, the court inquired whether the plaintiff intended to pursue wetlands and zoning violations as additional grounds for arguing that the conservation restriction at issue here has been violated, noting the possibility of inconsistent results if those alleged violations were pursued in different courts. In response to the court's inquiry about whether the parties would agree to be bound by whatever final resolution of the wetlands and zoning issues reached in the other forum, Attorney Campinell stated that he would need consult with his client before answering. Accordingly, the court scheduled a further Status Conference for October 20, 2022 at 11:00 a.m., to be held by videoconference, at which time treatment of the wetlands and zoning issues will be resolved and a discovery schedule will be set. Email notice to: Attorney Michael S. Campinell; attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen. Hon. Jennifer S.D. Roberts, Presiding
  15. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  16. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 10/20/2022 Time: 11:00 AM Email notice to: Attorney Michael S. Campinell; Attorney Lauren m. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen, Jr.
  17. Event Resulted: Status Conference scheduled on: 10/20/2022 11:00 AM Has been: Held via video, Attorneys Michael S. Campinell, Lauren M. Karam and Eric L. Klein appeared for the plaintiff and Attorney Richard A. Nylen appeared for defendants. After discussion concerning the interrelation between this proceeding and a similar matter proceeding in the Department of Environmental Protection ("DEP"), the court set the discovery deadline and scheduled a further Status Conference both for August 1, 2023 at 9:00 a.m., to be held via videoconference. At that Status Conference, the parties are to report on the status of the DEP matter at that time. Should any discovery issues arise in the interim, parties are to contact Clerk Hayes to arrange a hearing date. Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen. Hon. Jennifer S.D. Roberts, Presiding
  18. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  19. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 08/01/2023 Time: 09:00 AM Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen.
  20. Assented To Motion to Extend Expert Discovery for the Limited Purpose of Depositions of Defendants' Experts, filed.
  21. Assented To Motion to Extend Expert Discovery for the Limited Purpose of Depositions of Defendants' Experts ALLOWED. Status Conference scheduled August 1, 2023 at 9:00 AM is VACATED. Status Conference via Zoom is rescheduled to September 8, 2023 at 10:00 AM. Email notice to: Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen, Jr. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  22. Event Resulted: Status Conference scheduled on: 08/01/2023 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  23. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 09/08/2023 Time: 10:00 AM Email notice to: Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen, Jr.
  24. Event Resulted: Status Conference scheduled on: 09/08/2023 10:00 AM Has been: Held via video. Attorneys Michael S. Campinell and Lauren M. Karam appeared for the plaintiff, and Attorney Richard A. Nylen appeared for the defendants. In response to the court's inquiry about the status of the Department of Environmental Protection ("DEP") proceeding, Attorney Nylen reported he has been in discussions with DEP and has provided the DEP with the requested documentation. Attorney Nylen does not know when the proceeding will conclude but hopes it will be in the next thirty days. Attorney Campinell reported that discovery is complete, and the plaintiff is ready to proceed to summary judgment. Attorney Campinell's position is that the plaintiff's claims under the Conservation Restriction can move forward regardless of the completion of the DEP proceeding. After discussion with the parties about whether there are any material facts in dispute, the court set a deadline of November 30, 2023 for Attorney Campinell to file a summary judgment motion. Deadlines for oppositions, cross motions, and replies will be governed by Land Court Rule 4. Once briefing is complete, Attorney Campinell is to contact Clerk Hayes to schedule a further Status Conference. A hearing on the merits may need to await the appointment of a successor Judge due to the impending retirement of the current Judge. Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karan; and Attorney Richard A. Nylen. Hon. Jennifer S.D. Roberts, Presiding
  25. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  26. Sudbury Valley Trustees' Motion for Summary Judgment, filed. (Courtesy copy received on December 4, 2023)
  27. Sudbury Valley Trustees, Inc.'s Statement of Undisputed Material Facts, filed. (Courtesy copy received on December 4, 2023)
  28. Sudbury Valley Trustees' Memorandum In Support of Motion for Summary Judgment, filed. (Courtesy copy received on December 4, 2023)
  29. Appendix (to Sudbury Valley Trustees' Motion for Summary Judgment), filed. (Courtesy copy received on December 4, 2023)
  30. Exhibit Tab-D and continued Exhibits (Sudbury Valley Trustees' Motion for Summary Judgment), filed. (Courtesy copy received on December 4, 2023)
  31. Assented to Motion to Extend the Time for Filing Defendants' Response to Plaintiff's Motion for Summary Judgment (through January 5, 2024), filed.
  32. Certificate of Service (Assented To Motion to Extend the Time for Filing Defendants' Response to Plaintiff's Motion for Summary Judgment), filed.
  33. Assented to Motion to Extend the Time for Filing Defendants' Response to Plaintiff's Motion for Summary Judgment (through January 5, 2024) ALLOWED. Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karan; Attorney Eric L. Klein; and Attorney Richard A. Nylen. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  34. Defendants, Iron Horse Equestrian, LLC; Iron Horse Dressage, LLC; Iron Horse Farms, LLC; Wendy McKelvy Opposition and Cross Motion to Plaintiff's Motion for Summary Judgment Pursuant to Mass.R.Civ.P. 56(b), filed. (Courtesy copy received on January 10, 2024)
  35. Defendants Iron Horse Equestrian, LLC; Iron Horse Dressage, LLC; Iron Horse Farms, LLC; Wendy McKelvy' s Memorandum In Opposition to Plaintiffs' Motion for Summary Judgment and Cross Motion for Summary Judgment, filed. (Courtesy copy received on January 10, 2024)
  36. Defendants, Iron Horse Equestrian, LLC; Iron Horse Dressage, LLC; Iron Horse Farms, LLC; Wendy McKelvy's Memorandum In Opposition to Plaintiffs' Motion for Summary Judgment (Appendix), filed. (Courtesy copy received on January 10, 2024)
  37. Defendants, Iron Horse Equestrian, LLC; Iron Horse Dressage, LLC; Iron Horse Farms, LLC; Wendy McKelvy Statement of Undisputed Material Facts, filed. (Courtesy copy received on January 10, 2024)
  38. Certificate of Service, filed.
  39. Defendants' Response to Sudbury Valley Trustees, Inc.'s Statement of Undisputed Material Facts, filed. (Courtesy copy received on January 19, 2024)
  40. Defendants Iron Horse Equestrian, LLC; Iron Horse Dressage LLC; Iron Horse Farms, LLC; Wendy McKelvy's Memorandum In Opposition to Plaintiff's' Motion for Summary Judgment and Cross Motion for Summary Judgment and Response to Plaintiff's Statement of Undisputed Material Facts, filed.
  41. Defendants Iron Horse Equestrian, LLC; Iron Horse Dressage LLC; Iron Horse Farms, LLC; Wendy McKelvy's Memorandum In Opposition to Plaintiff's' Motion for Summary Judgment and Cross Motion for Summary Judgment and Response to Plaintiff's Statement of Undisputed Material Facts - Revised Appendix, filed. (Courtesy copy received on January 19, 2024)
  42. Plaintiff's Response and Reply to Defendants' Opposition and Cross Motion for Summary Judgment, filed. (Courtesy copy received on February 9, 2024)
  43. Plaintiff's Response to Defendants' Statement of Undisputed Material Facts, filed. (Courtesy copy received on February 9, 2024)
  44. Response Appendix, filed. (Courtesy copy received on February 9, 2024)
  45. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 02/21/2024 Time: 02:00 PM Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karan; Attorney Eric L. Klein; and Attorney Richard A. Nylen.
  46. Event Resulted: Status Conference scheduled on: 02/21/2024 02:00 PM Has been: VACATED. Type of hearing incorrect.. Summary Judgment Hearing via Zoom at 2:00 PM to be scheduled and counsel emailed re same. Hon. Jennifer S.D. Roberts, Presiding
  47. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Summary Judgment Hearing VIA ZOOM Date: 02/21/2024 Time: 02:00 PM Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karan; Attorney Eric L. Klein; and Attorney Richard A. Nylen.
  48. Event Resulted: Hearing on Sudbury Valley Trustees' Motion For Summary Judgment ("the Motion") and Defendants, Iron Horse Equestrian, LLC; Iron Horse Dressage, LLC; Iron Horse Farms, LLC; Wendy McKelvey Opposition And Cross Motion To Plaintiff's Motion For Summary Judgment Pursuant To Mass. R. Civ. P. 56(b) ("the Cross-Motion") scheduled on: 02/21/2024 02:00 PM Has been: Held via video. Attorney Michael S. Campinell appeared for the plaintiff and Attorney Richard L. Nylen, Jr. appeared for the defendants. After hearing, for the reasons stated on the record, as further elaborated in a memorandum of decision to follow, the Motion is ALLOWED, and the Cross-Motion is DENIED. The court noted that details regarding the scope of the remedy need to be clarified. The court scheduled a Status Conference for March 21, 2024 at 9:00 a.m. to discuss that issue. Email notice to: Attorney Michael S. Campinell and Attorney Richard L. Nylen, Jr. Hon. Jennifer S.D. Roberts, Presiding
  49. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  50. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 03/21/2024 Time: 09:00 AM
  51. Memorandum of Decision on Cross-Motions for Summary Judgment, issued. (Copies emailed to Attorneys Michael Campinell, Lauren Karam, Eric Klein, and Richard Nylen) Judge: Roberts, Hon. Jennifer S.D.
  52. March 15, 2024: The court is in receipt of letters from the Attorney General's Office ("AGO") and the City of Framingham ("the City") requesting permission to observe and participate in the March 21, 2024 conference in this matter. Nonparties are welcome to observe the proceedings and Sessions Clerk Hayes will provide a copy of the videoconference link to the AGO and the City. Anyone wishing to participate must file a motion to intervene in sufficient time to allow the defendants to respond thereto in advance of the conference. This email will appear as a docket entry in this matter. (Roberts, J.). Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected] Sent On: 03/15/2024 11:27:23
  53. Plaintiff's Status Report and Proposal for Next Steps, filed.
  54. Defendants' Status Report (parties requesting to file a Status Report with the Court every 90 days), filed.
  55. Event Resulted: Status Conference scheduled on: 03/21/2024 09:00 AM Has been: Held via video. Attorney Michael S. Campinell appeared for the plaintiff and Attorney Richard L. Nylen, Jr. appeared for the defendants. Attorney Nylen reported that his clients have requested quotes from contractors and removing the riding ring will cost approximately $300k. Attorney Nylen also suggested that a mitigation plan is premature in light of the pending related actions by the AG's office and the Framingham Conservation Commission. Attorney Campinell does not believe mitigation is premature because court has found there has been a violation and mitigation is an appropriate remedy. The court set a deadline of May 6, 2024 for the parties to propose a joint or individual mitigation plans. The court also referred counsel to the judgment in Wellesley Conservation Council, Inc vs. Pereira, Norfolk County Superior Court, Docket No. 1782CV00863 as an example of the form a judgment might take in this case. The court scheduled a further status conference for May 8, 2024 at 9:00 a.m. to discuss the proposed mitigation plans. Email notice to: Attorney Michael S. Campinell and Attorney Richard L. Nylen, Jr. Hon. Jennifer S.D. Roberts, Presiding
  56. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  57. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 05/08/2024 Time: 09:00 AM Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen, Jr.
  58. Sudbury Valley Trustees' Petition for Award of Reasonable Attorney Fees and Costs, filed.
  59. Sudbury Valley Trustees' Memorandum of Law In Support of Award of Reasonable Attorney Fees and Costs, filed.
  60. Cover Letter from Attorney Nylen, filed.
  61. Summary of Defendants' Removal and Restoration Plan, filed.
  62. Proposed Removal and Restoration Plan, Iron Horse Equestrian, filed.
  63. Plaintiff's Motion for Entry of Restoration Order, filed.
  64. Memorandum In Support of Entry of Plaintiff's Proposed Restoration Order, filed.
  65. Cover Letter from Attorney Nylen re: Exhibit 1 and Exhibit 2 to the Removal and Restoration Plan, filed.
  66. Exhibits 1 & 2 (attachments to the Cover Letter from Attorney Nylen), filed.
  67. Event Resulted: Status Conference scheduled on: 05/08/2024 09:00 AM Has been: Held via video. Attorneys Michael S. Campinell, Lauren M. Karam and Eric L. Klein appeared for the plaintiff and Attorney Richard L. Nylen, Jr. appeared for the defendants. Attorney Nylen reported that he has met with the AG and DEP on site and that they are currently reviewing the defendants' proposed restoration plan. Attorney Campinell requested an additional two weeks to allow the parties to continue negotiating a mutually agreeable plan, as their proposed plans are closer than expected. Due to the impending retirement of the judge to whom this case is assigned, the court expressed its desire to get a judgment issued in this case prior to mid-June 2024. Attorney Nylen confirming that his clients will need to obtain financing to undertake the restoration work, the court expressed its concern that the defendants may not proceed diligently to do so, and informed counsel that it would entertain a motion for an injunction prohibiting the use of the riding ring (having found it to have been constructed in violation of the conservation restriction) if the defendants did not proceed expeditiously The court scheduled a further status conference on the restoration plan and a hearing on Sudbury Valley Trustees' Petition For Award Of Reasonable Attorney Fees And Costs for May 22, 2024 at 10:00 a.m. Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard L. Nylen, Jr. Hon. Jennifer S.D. Roberts, Presiding
  68. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  69. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: 1) Further Status Conference on the Restoration Plan and (2) Sudbury Valley Trustees' Petition For Award Of Reasonable Attorney Fees And Costs VIA ZOOM Date: 05/22/2024 Time: 10:00 AM Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen, Jr.
  70. (Attorney Nylen's) Cover Letter, filed.
  71. Certificate of Service, filed.
  72. Defendants' Opposition to Plaintiff's Request for Attorneys' Fees, filed.
  73. Event Resulted: Status Conference scheduled on: 05/22/2024 10:00 AM Has been: Held via video. Attorneys Michael S. Campinell, Lauren M. Karam and Eric L. Klein appeared for the plaintiff and Attorney Richard L. Nylen, Jr. appeared for the defendants. Attorney Campinell reported that the parties have made progress in negotiations regarding a mitigation plan but would like an additional week to continue those conversations. Attorney Nylen agreed and explained the parties have also been meeting the AG's office, Mass DEP and the Framingham Conservation Commission for their input on that plan. As for the motion for attorneys' fees, the court requested that the plaintiff address whether an award is appropriate here where counsel has agreed to represent their client pro bono. The court scheduled a further hearing on parties' proposed mitigation plans and request for attorneys' fees for May 29, 2024 at 10:00 a.m. Attorney Campinell should file the reply brief by noon on May 28, 2024. Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard L. Nylen, Jr. Hon. Jennifer S.D. Roberts, Presiding
  74. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  75. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Further Hearing On: (1) Parties Proposed Mitigation Plan and (2) Request for Attorney Fees VIA ZOOM Date: 05/29/2024 Time: 10:00 AM Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard A. Nylen, Jr.
  76. Plaintiff's Reply In Support of Request for Attorneys' Fees, filed.
  77. Declaration of Laura Mattei In Support of Plaintiff's Fee Petition, filed.
  78. Event Resulted: Hearing on (1) the parties' proposed mitigation plans and (2) plaintiff's request for attorneys' fees scheduled on: 05/29/2024 10:00 AM Has been: Held via video. Attorneys Michael S. Campinell, Lauren M. Karam and Eric L. Klein appeared for the plaintiff and Attorney Richard L. Nylen, Jr. appeared for the defendants. Attorney Campinell reported that the parties have come to an agreement on most terms but cannot agree on the timing of the projects, the main concern being that tying the restoration and reconfiguration projects together will cause delays. Attorney Nylen explained that he would like the agreement to be clear that the project is subject to approval by Mass DEP and the Framingham Conservation Commission. After discussion, the court stated that it will issue a final judgment giving the defendants a deadline of May 31, 2025 to obtain all necessary permits and complete all work contemplated by the mitigation plan. As of June 1, 2025, the defendants will be enjoined from using the existing riding ring. Counsel for both parties agreed this would resolve the principal issues between them but reported that there are still come minor issues to be resolved before they can submit a mutually agreeable mitigation plan. The court set a deadline of June 4, 2024 for the parties to do so. With respect to the request for attorneys' fees, the court stated that it is satisfied that, although plaintiff's counsel provided their services pro bono, plaintiff is entitled to legal fees. However, those fees must be reasonable. The court directed counsel to BP Prucenter Acquisition LLC v. Saks Fifth Ave. LLC, 31 LCR 335 (2023) (Roberts, J.) for a description of the law that this court will apply in awarding attorneys' fees. The court instructed the parties to discuss whether they can agree on the amount of attorneys' fees owed. If they cannot, the court will issue its ruling on the request for attorneys' fees as part of the final judgment. Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard L. Nylen, Jr. Hon. Jennifer S.D. Roberts, Presiding
  79. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  80. Joint Motion for Entry of Agreed Restoration Order, filed.
  81. Exhibit A to Joint Motion for Entry of Agreed Restoration Order, filed.
  82. Exhibit B to Joint Motion for Entry of Agreed Restoration Order, filed.
  83. Exhibit C to Joint Motion for Entry of Agreed Restoration Order, filed.
  84. Certificate of Service (of the Joint Motion for Entry of Agreed Restoration Order and Exhibits), filed.
  85. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/05/2024 Time: 11:00 AM Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard L. Nylen, Jr.
  86. Event Resulted: Status Conference scheduled on: 06/05/2024 11:00 AM Has been: Held via video. Attorneys Michael S. Campinell and Lauren M. Karam appeared for the plaintiff and Attorney Richard L. Nylen, Jr. appeared for the defendants. The court explained that it had some revisions to the parties' proposed joint restoration order. First, the document should be renamed the "Joint Proposed Restoration Plan." Second, the court would like the parties to use "the EcoTec Restoration Plan" and "the Goddard Restoration Plan" as defined terms for the plaintiffs' and defendants' proposed plans throughout the document. Third, the court explained that it will not retain jurisdiction over this case but that Mass. R. Civ. P. 65.3 will be available should a party wish to file a contempt proceeding. Additionally, the court recommended counsel consider an alternative dispute resolution process so that construction can move forward without much delay should a dispute arise. Finally, the court noted the date for the completion of the construction should be May 31, 2025. Once a revised restoration plan is submitted to the court, the court will issue a final judgment. The joint restoration plan and its exhibits will be attached to the final judgment. Counsel also reported that they have not reached an agreement on attorneys' fees but that discussions continue. The court will issue its award of attorneys' fees in the final judgment if the parties cannot come to an agreement. Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; and Attorney Richard L. Nylen, Jr. Hon. Jennifer S.D. Roberts, Presiding
  87. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]
  88. Sudbury Valley Trustee's Status Report Regarding A Joint Proposed Restoration Plan and Attorneys' Fees, filed.
  89. Defendants' Status Report, filed.
  90. Certificate of Service, filed.
  91. Order on Sudbury Valley Trustees' Petition for Award of Reasonable Attorneys' Fees and Costs, issued. (Copies emailed to Attorneys Michael Campinell, Lauren Karam, Eric Klein, and Richard Nylen) Judge: Roberts, Hon. Jennifer S.D.
  92. AMENDED Order on Sudbury Valley Trustees' Petition for Award of Reasonable Attorneys' Fees and Costs, issued. (Copies emailed to Attorneys Michael Campinell, Lauren Karam, Eric Klein, and Richard Nylen) Judge: Roberts, Hon. Jennifer S.D.
  93. Judgment entered. (Copies emailed to Attorneys Michael Campinell, Lauren Karam, Eric Klein, and Richard Nylen) Judge: Roberts, Hon. Jennifer S.D.
  94. Letter from Attorney Nylen re Defendants' Notice of Appeal, filed.
  95. Notice of Appeal by Iron Horse Equestrian, LLC, Iron Horse Dressage, LLC, Wendy McKelvy to the Appeals Court filed.
  96. Certificate of Service, filed.
  97. Court's Judgment (dated June 11, 2024 with attached exhibits), filed.
  98. Notice of Service of Notice of Appeal sent to Michael S Campinell, Esq., Lauren M Karam, Esq., Eric L Klein, Esq.
  99. Notice of Assembly of Record on Appeal sent to the Clerk of the Appeals Court.
  100. Notice of Assembly of Record on Appeal sent to all counsel of record.
  101. Case entered in the Appeals Court as Case No. 2024-P-1081.
  102. COMMONWEALTH OF MASSACHUSETTS APPEALS COURT CLERK'S OFFICE RE: No. 2024-P-1081 Lower Court No. 22 MISC 000431 SUDBURY VALLEY TRUSTEES, INC. vs. IRON HORSE EQUESTRIAN, LLC & others NOTICE OF DOCKET ENTRY Please take note that, with respect to the MOTION to Dismiss under Rule 29(b) filed for Iron Horse Equestrian, LLC, Iron Horse Dressage, LLC and Wendy McKelvy by Attorney Richard Nylen, Jr.. (Paper #7), on November 27, 2024, the following entry was made on the docket: RE#7: Appeal dismissed with prejudice and without an award of costs or fees to any party, pursuant to M.R.A.P. 29(b). *Notice/Attest.
  103. Joint Motion to Amend Judgment, filed.
  104. [Proposed] Amendment to Judgment, filed.
  105. Joint Motion to Amend Judgment ALLOWED. Email notice to: Attorney Michael S. Campinell; Attorney Lauren M. Karam; Attorney Eric L. Klein; and Attorney Richard L. Nylen, Jr. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Michael S Campinell, Esq. [email protected] Plaintiff: Lauren M Karam, Esq. [email protected] Plaintiff: Eric L Klein, Esq. [email protected] Defendant: Richard A Nylen, Jr., Esq. [email protected]

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