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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-22
Status Closed
Type Mtb Try Title, G.l. Chapter 240, 1 5
Docket 64 entries
Disposition judgment

Parties

Plaintiff Pope, Jonathan|Pope, Nicole Jaegle A.
Defendant Gwendolyn Levine,|Anderson, Brian

Lawyers

Docket Entries

  1. Amended Judgment entered. (Copies emailed to Attorneys Shannon Slaughter, Scott Owens, and Christopher Timson) Judge: Foster, Hon. Robert B.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433445 Date: 08/22/2022
  4. Land Court surcharge Receipt: 433445 Date: 08/22/2022
  5. Land Court summons Receipt: 433445 Date: 08/22/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 10/24/2022 Time: 10:30 AM
  8. The case has been assigned to the A Track. Notice sent.
  9. Plaintiff's Case Management Conference Statement, filed.
  10. Appearance of Christopher D Pierson, Esq. for Gwendolyn Levine, Trustee of the GNL RNL Nominee Trust, filed
  11. Event Resulted: Case Management Conference scheduled on: 10/24/2022 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 24, 2022. Case Management Conference held by remote video conference. Attorneys Shannon Slaughter and Christopher Pierson appeared. Parties have a dispute about alleged encroachment of the plaintiff's gravel driveway, stairs, and septic system into the defendant's parcel. Parties have each obtained surveys, which have conflicting elements. Parties report that they have tried to reach a settlement agreement but are unable to do so because of limited space and the topography of the lots. Discovery open. Discovery to close on February 28, 2023. Parties may serve each other via email. Parties reminded to file documents with the court via both email and in hard copy by mail. Parties shall consider whether a Land Court Rule 14 summary bench trial is appropriate. Status conference set down for March 1, 2023 at 9:30 AM via Zoom.
  12. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/01/2023 Time: 09:30 AM
  13. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Christopher D Pierson, Esq. [email protected] Sent On: 10/25/2022 13:19:12
  14. Withdrawal of Christopher D Pierson, Esq. for Gwendolyn Levine, Trustee of the GNL RNL Nominee Trust, filed
  15. Appearance of Scott C Owens, Esq. for Gwendolyn Levine, Trustee of the GNL RNL Nominee Trust, filed
  16. Event Resulted: Status Conference scheduled on: 03/01/2023 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 1, 2023. Status Conference held by Zoom. Attorneys Shannon Slaughter and Scott Owens appeared. Attorney Pierson has withdrawn, and Attorney Owens has been appointed as counsel for the defendant. Plaintiff to forward discovery requests to defendant's new counsel. Defendant to file answer to complaint by March 17, 2023. Discovery OPEN. Discovery to close June 9, 2023. Further status conference set down for June 15, 2023 at 9:15 AM via Zoom. If parties encounter discovery issues that they cannot resolve, parties may contact the court to arrange an earlier status conference. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  17. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Sent On: 03/02/2023 09:19:59
  18. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/15/2023 Time: 09:15 AM
  19. Withdrawal of Christopher D Pierson, Esq. for Gwendolyn Levine, Trustee of the GNL RNL Nominee Trust, filed
  20. Answer of Gwendolyn Levine, Trustee of the GNL RNL Nominee Trust filed.
  21. Assented to Motion for Leave to Conduct Deposition after Discovery Deadline, filed.
  22. Notice of Docket Entry: Assented to Motion for Leave to Conduct Deposition after Discovery Deadline ALLOWED. The June 15, 2023 status conference will go forward as scheduled (Notice of docket entry sent via masscourts & email to all parties / counsel of record) Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Sent On: 06/13/2023 09:04:09
  23. Event Resulted: Status Conference scheduled on: 06/15/2023 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 15, 2023. Status Conference held by Zoom. Attorneys Shannon Slaughter and Scott Owens appeared. Parties report that they expect to complete pending discovery by early August. Discovery deadline extended to August 4, 2023. Pre-trial conference set down for September 15, 2023 at 9:30 AM by Zoom. (Notice of docket entry sent via masscourts & email to all parties / counsel of record)
  24. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Sent On: 06/16/2023 12:12:53
  25. Scheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 09/15/2023 Time: 09:30 AM
  26. Motion to Continue, filed.
  27. Event Resulted: Pre-Trial Conference scheduled on: 09/15/2023 09:30 AM Has been: Continued Hon. Robert B. Foster, Presiding
  28. Scheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 11/10/2023 Time: 11:30 AM
  29. Joint Pre-Trial Memorandum, filed.
  30. Event Resulted: Pre-Trial Conference scheduled on: 11/10/2023 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding November 10, 2023. Pre-trial conference held by Zoom. Attorneys Shannon F. Slaughter and Scott C. Owens appeared. Parties to consider whether they agree to conduct the trial as a summary bench trial under Land Court Rule 14, and report to the court by November 22, 2023. A status conference is set down for March 18, 2023 at 9:15 am by Zoom. The view is set down for April 1, 2024 at 3:00 pm. The trial is set down for April 2 and 3, 2024 in person at the Land Court in Boston. Parties to confirm trial dates by November 22, 2023.
  31. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/18/2024 Time: 09:15 AM
  32. Joint Status Report, filed.
  33. Scheduled Judge: Foster, Hon. Robert B. Event: View Date: 04/01/2024 Time: 03:00 PM
  34. Scheduled Judge: Foster, Hon. Robert B. Event: Trial Date: 04/02/2024 Time: 09:30 AM
  35. Scheduled Judge: Foster, Hon. Robert B. Event: Ongoing Trial Date: 04/03/2024 Time: 09:30 AM
  36. Event Resulted: Status Conference scheduled on: 03/18/2024 09:15 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  37. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/21/2024 Time: 09:00 AM
  38. Event Resulted: Status Conference scheduled on: 03/21/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 21, 2024. Status Conference held by Zoom. Attorneys Shannon F. Slaughter and Scott C. Owens appeared. The parties reiterated their agreement with the Court that this case will be tried as a Summary Bench Trial under Land Court Rule 14. Parties are directed to file a Land Court Rule 14 stipulation before the trial commences. The view is confirmed for 3:00PM on April 1, 2024 and the trial will begin in Boston on April 2, 2024. (Foster J.).
  39. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Sent On: 03/22/2024 08:35:38
  40. Rule 14 Stipulation, filed.
  41. Event Resulted: View scheduled on: 04/01/2024 03:00 PM Has been: Held in person Hon. Robert B. Foster, Presiding April 1, 2024. View held. Attorneys Shannon F. Slaughter and Scott C. Owens appeared. (Foster J.).
  42. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Sent On: 04/02/2024 08:38:23
  43. Event Resulted: Trial scheduled on: 04/02/2024 09:30 AM Has been: Held - First Day of Trial Hon. Robert B. Foster, Presiding April 2, 2024. Rule 14 bench trial held in person in Boston. Attorneys Shannon F. Slaughter, Edward O'Leary, and Scott C. Owens appeared. The court took a view on April 1, 2024, at 3:00 PM. Parties have no objections to the view. Day 1 of trial. Witnesses sworn. Exhibits 1-52 admitted. Chalks A-H marked. Testimony heard from Joseph Levesque, III, Richard Levine, and Charles Budnick. Trial to resume on Wednesday, April 3, 2024, in person at the Land Court in Boston at 9:30 AM. (Foster J.)
  44. Special Questions, filed.
  45. Legal Elements, filed.
  46. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Sent On: 04/03/2024 09:02:41
  47. Event Resulted: Ongoing Trial scheduled on: 04/03/2024 09:30 AM Has been: Held in person Hon. Robert B. Foster, Presiding April 3, 2024. Rule 14 bench trial held in person in Boston. Attorneys Shannon F. Slaughter, Edward O'Leary, and Scott C. Owens appeared. Day 2 of trial. Chalk I marked. Testimony heard from Charles Budnick and Jonathan Pope. Parties rest, and closing arguments heard. The court has withdrawn for deliberation pursuant to Land Court Rule 14. Trial will resume on Friday, April 5, 2024, at 2:30 PM on Zoom. (Foster J.)
  48. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Sent On: 04/03/2024 16:00:04
  49. Scheduled Judge: Foster, Hon. Robert B. Event: Ongoing Trial Date: 04/05/2024 Time: 02:30 PM
  50. Scheduled Judge: Foster, Hon. Robert B. Event: Ongoing Trial Date: 04/05/2024 Time: 02:30 PM
  51. Special Questions completed by the Court, filed.
  52. Event Resulted: Ongoing Trial scheduled on: 04/05/2024 02:30 PM Has been: Held via video Hon. Robert B. Foster, Presiding April 5, 2024. Rule 14 bench trial held. Attorneys Shannon F. Slaughter, Edward O'Leary, and Scott C. Owens appeared. Day 3 of trial held by Zoom. Special Questions answered and verdict pursuant to Land Court Rule 14 announced. Judgment to enter. (Foster J.)
  53. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Sent On: 04/05/2024 15:16:19
  54. Judgment after trial entered. (Copies emailed to Attorneys Shannon Slaughter and Scott Owens) Judge: Foster, Hon. Robert B.
  55. Appearance of for , filed Christopher G. Timson, Esq. for Intervenor Brian Anderson
  56. Limited Motion to Intervene as of Right Pursuant to M.R.C.P.24(a), filed.
  57. Memorandum in Support of Limited Motion to Intervene as of Right Pursuant to M.R.C.P. 24(a), filed.
  58. Motion for Relief from Judgment Pursuant to M.R.C.P. 60, filed.
  59. Memorandum in Support of Intervenor's Motion for Relief from Judgment Pursuant to M.R.C.P. 60, filed.
  60. Affidavit of Brian Anderson, filed.
  61. Scheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 10/02/2024 Time: 02:00 PM
  62. Plaintiffs' Opposition to Motion for Relief from Judgment, filed.
  63. Event Resulted: Motion scheduled on: 10/02/2024 02:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding October 2, 2024. Limited Motion to Intervene as of Right Pursuant to M.R.C.P. 24(a) and Motion for Relief from Judgment Pursuant to M.R.C.P. 60 held via Zoom. Attorneys Shannon F. Slaughter, Christopher G. Timson, and Scott C. Owens appeared. Arguments heard on the Motions. The Motion to Intervene is ALLOWED. Brian Anderson is admitted as an intervening party. After arguments, the Motion for Relief from Judgment Pursuant to M.R.C.P. 60 is ALLOWED. An amended judgment shall issue striking the second declaration and further providing that the judgment does not affect the boundary between 36 Third Street and 38 Third Street, Brimfield. (Foster, J.)
  64. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Scott C Owens, Esq. [email protected] Defendant Intervenor: Christopher G Timson, Esq. [email protected] Sent On: 10/08/2024 12:52:05

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