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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-25
Status Open
Type Mth Complaint Transferred To Land Court Under Chapter 212, 26 A
Docket 79 entries

Parties

Plaintiff Cjw Real Estate Trust
Defendant Lipp, William A.

Lawyers

Docket Entries

  1. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/17/2026 Time: 10:30 AM
  2. Complaint filed.
  3. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 10/03/2022 Time: 02:45 PM
  4. Event Resulted: Case Management Conference scheduled on: 10/03/2022 02:45 PM Has been: Held via video Hon. Robert B. Foster, Presiding "October 3, 2022. Case Management Conference held via remote video conference. Attorneys John Nolan and J. Daniel Silverman appeared. This matter has been transferred from the Superior Court, but it is not clear at this time what the issues in dispute between the parties are. No complaint appears in the record. Plaintiff to file Complaint and serve on Attorney Silverman by October 11, 2022. Service on Attorney Silverman will be deemed to comply with Mass. R. Civ. P. 4. Defendant to file Answer by October 31, 2022. Continued Case Management Conference set down for November 4, 2022 at 2:00 PM via Zoom." (Notice of docket entry emailed to Attorneys of record)
  5. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/04/2022 Time: 02:00 PM
  6. Complaint filed
  7. Defendant's Answer to Complaint, filed.
  8. Event Resulted: Case Management Conference scheduled on: 11/04/2022 02:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding November 4, 2022. Case management conference held via remote video. Attorneys John Nolan and J. Daniel Silverman appeared. This case concerns a parcel of property that plaintiff and defendant both claim they own. Plaintiff to amend complaint to include details, including identification of the property and source of their claim to title and claim against the defendant by November 18, 2022. Discovery OPEN. Discovery to close May 5, 2022. Status conference set down for December 2, 2022 at 11:30 AM via Zoom. Further status conference set down for May 8, 2022 at 9:00 AM via Zoom. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)
  9. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 11/07/2022 10:15:09
  10. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 12/02/2022 Time: 11:30 AM
  11. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/08/2023 Time: 09:00 AM
  12. Certificate of Service, filed.
  13. Certificate of Service, filed.
  14. Amended Complaint filed.
  15. Event Resulted: Status Conference scheduled on: 12/02/2022 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding December 2, 2022. Status conference held via Zoom. Attorneys John Nolan and J. Daniel Silverman appeared. Plaintiff has filed amended complaint. Defendant to answer amended complaint. Parties may serve each other via email. Parties reminded to file documents with the court via both email and in hard copy by mail. Discovery remains open. Status report due on January 12, 2023. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)
  16. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 12/06/2022 10:13:33
  17. Defendants Answer to Amended Complaint ,filed.
  18. Calc Sheets, filed.
  19. Status Report, filed.
  20. Event Resulted: Status Conference scheduled on: 05/08/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 8, 2023. Status conference held by Zoom. Attorney J. Daniel Silverman appeared. Defendant requests to extend discovery. Discovery extended to June 9, 2023. Status conference set down for June 14, 2023 at 9:30 AM by Zoom. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  21. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/14/2023 Time: 09:30 AM
  22. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 05/08/2023 15:41:37
  23. Motion to Continue & Extend, filed.
  24. Notice of Docket Entry: Motion to Continue and Extend ALLOWED. The discovery deadline is extended to July 14, 2023. The June 14, 2023 status conference is continued to July 21, 2023 at 10:00 am by zoom. (Notice of docket entry sent via email to all parties / counsel of record) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 06/13/2023 14:33:21
  25. Event Resulted: Status Conference scheduled on: 06/14/2023 09:30 AM Has been: Continued Hon. Robert B. Foster, Presiding
  26. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/21/2023 Time: 10:00 AM
  27. Exhibit A, filed.
  28. Event Resulted: Status Conference scheduled on: 07/21/2023 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 21, 2023. Status conference held by Zoom. Attorney J. Daniel Silverman and John Nolan appeared. Parties report that this case concerns both title and boundary issues. Parties wish to pursue mediation. Court to provide a list of alternative dispute resolution providers. Attorney Silverman to file a joint status report regarding mediation and settlement on behalf of both parties by September 22, 2023.
  29. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 07/25/2023 11:50:37
  30. ADR Report of (MDRS): Parties (the parties agreed to use Brian Jerome with MDRS. Mediation is tentatively scheduled for 11/28 at 2PM).
  31. March 22, 2024: Status report to be filed by April 17, 2024. (Foster J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 03/22/2024 10:54:29
  32. Motion to Extend Filing of Status Report , filed.
  33. April 17, 2024. Motion to Extend Filing of Status Report ALLOWED. The deadline for filing the status report is extended to April 23, 2024. (Foster J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 04/17/2024 15:15:47
  34. Status Report, filed.
  35. April 29, 2024. Status report received and reviewed. A further status report is due May 30, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 04/29/2024 11:19:30
  36. Status Report, filed.
  37. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/06/2024 Time: 09:30 AM
  38. Further Status Report - May 29, 2024, filed.
  39. Event Resulted: Status Conference scheduled on: 06/06/2024 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 6, 2024. Status conference held by Zoom. Attorney J. Daniel Silverman and John J. Nolan appeared. The parties report they have not been able to reach an agreement. Attorney Nolan has sent to the Court an unexecuted appointment of trusteeship for the CJW Real Estate Trust. The Court DIRECTS Attorney Nolan to arrange for the execution, proper notarization, and recording of the appointment. The Court continues to advise the parties to confer. A Status Conference is set down for July 9, 2024 at 9:15AM by Zoom. (Foster, J.)
  40. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 06/07/2024 09:00:50
  41. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/09/2024 Time: 09:15 AM
  42. Event Resulted: Status Conference scheduled on: 07/09/2024 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 9, 2024. Status conference held by Zoom. Attorney J. Daniel Silverman and Larae Schraeder appeared. Attorney Schraeder is admitted in Ohio, and appeared on behalf of the Estate Trust pursuant to MA Rule of Professional Conduct 5.5 (c) (4) as she is currently connected to numerous estate matters concerning the Trust within Ohio. The Court is in receipt of two executed versions of trustee resignations and appointment letter pertinent to this litigation. The Court directs Attorney Schraeder to provide these documents to Attorney Silverman. The parties report to the Court they are willing once again to attempt to settle this matter and reach a mutual agreement. A Status Conference is set down for July 23, 2024 at 10:15am by Zoom. (Foster, J,)
  43. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 07/09/2024 16:16:16
  44. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/23/2024 Time: 10:15 AM
  45. Event Resulted: Status Conference scheduled on: 07/23/2024 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 23, 2024. Status conference held by Zoom. Attorney J. Daniel Silverman and Larae Schraeder appeared. The parties report they are unable to reach settlement. This case will go forward. The CJW Real Estate Trust is instructed to obtain counsel licensed to practice in the Commonwealth of Massachusetts. The Court also DIRECTS William A. Lipp to REFRAIN from directly communicating with the plaintiffs and their counsel, including Attorney Schraeder, but rather to only communicate through his Attorney. A status conference is set down for August 27, 2024 at 11:45am by Zoom. (Foster, J.)
  46. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 07/24/2024 12:58:42
  47. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/27/2024 Time: 11:45 AM
  48. Event Resulted: Status Conference scheduled on: 08/27/2024 11:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 27, 2024. Status conference held via Zoom. Attorney J. Daniel Silverman and Larry DiCara appeared. As Attorney DiCara has not yet filed his appearance on behalf of the CJW Real Estate Trust, the Court directs him to file his appearance by August 27, 2024. The parties report they have reached no agreement in this matter. As such is the case, the Court wishes to move forward litigating this matter. The Plaintiff will have until September 10, 2024 to file their Motion for to Leave to Amend Complaint. Responses to the Motion for Leave are due on September 24, 2024, after which the Court will decide the motion without hearing. A Status Conference is set down for October 2, 2024 at 9:00am by Zoom. (Foster, J.)
  49. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John J Nolan, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 08/28/2024 16:20:41
  50. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/02/2024 Time: 09:00 AM
  51. Appearance of Michael Rabieh, Esq. for CJW Real Estate Trust, filed
  52. Motion to Extend Time for Filing Rule 15 Motion, filed.
  53. September 10, 2024. Motion to Extend Time for Filing Rule 15 Motion ALLOWED. The deadline for filing the motion for leave to amend the complaint is extended to September 13, 2024. The deadline for filing a response is extended to September 27, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 09/10/2024 16:05:10
  54. Plaintiff's Motion to Amend Complaint, filed.
  55. Defendant's Answer to Second Amended Complaint, filed.
  56. Defendant's Amended Answer to Second Amended Complaint, filed.
  57. Event Resulted: Status Conference scheduled on: 10/02/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 2, 2024. Status conference held by Zoom. Attorney J. Daniel Silverman and Michael Rabieh appeared. The Court is in receipt of the Plaintiff's Motion to Amend Complaint. As no objection has been submitted, the Motion to Amend is ALLOWED. The Second Amended Complaint is deemed filed. The Court notes that the defendant's affirmative defense of adverse possession is really a counterclaim, and instructs the defendant to file his counterclaim for adverse possession by October 16, 2024. Discovery is now open and set to close on February 21, 2025. A status conference is set down for February 27, 2025 at 9:00am by Zoom. (Foster, J.)
  58. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 10/08/2024 11:26:34
  59. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/27/2025 Time: 09:00 AM
  60. Defendant's Motion to Amend Answer to Plaintiff's Second Amended Complaint to Delete an Adverse Possession Defense, filed.
  61. Defendant's Amended Answer to Second Amended Complaint, filed.
  62. November 15, 2024. Defendant's Motion to Amend Answer to Plaintiff's Second Amended Complaint ALLOWED. The Defendant's Answer to Second Amended Complaint is deemed filed. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 11/15/2024 11:04:40
  63. Event Resulted: Status Conference scheduled on: 02/27/2025 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding February 27, 2025. Status conference held by Zoom. Attorney J. Daniel Silverman appeared. The defendant on behalf of all the parties reports discovery is ongoing and orally requests additional time for more discovery. Discovery is extended to April 30, 2025. A status conference is set down for May 1, 2025 at 10:00am by Zoom to discuss next steps. (Foster, J.)
  64. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 03/06/2025 09:05:04
  65. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/01/2025 Time: 10:00 AM
  66. Event Resulted: Status Conference scheduled on: 05/01/2025 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 1, 2025. Status conference held via Zoom. Attorney J. Daniel Silverman and Michael Rabieh appeared. The parties report fact discovery is complete. Expert disclosures and expert discovery closes on June 30, 2025. A status conference is set down for July 1, 2025 at 9:30am by Zoom to discuss next steps. (Foster, J.)
  67. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 05/02/2025 14:36:17
  68. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/01/2025 Time: 09:30 AM
  69. Unopposed Motion to Extend Tracking Order, filed.
  70. June 23, 2025. Unopposed Motion to Extend Tracking Order ALLOWED. Expert disclosures and expert discovery is extended and set to close on August 14, 2025. The status conference set down for July 1, 2025 has been continued to August 20, 2025 at 9:15am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 06/23/2025 15:27:55
  71. Event Resulted: Status Conference scheduled on: 07/01/2025 09:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Robert B. Foster, Presiding
  72. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/20/2025 Time: 09:15 AM
  73. Event Resulted: Status Conference scheduled on: 08/20/2025 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 20, 2025. Status conference held via Zoom. Attorney J. Daniel Silverman and Michael Rabieh appeared. The parties report discovery mostly complete. The defendant is granted until October 10, 2025 to disclose his expert and serve his own expert title report. A status conference is set down for October 15, 2025 at 10:00am by Zoom to discuss how this case will go forward. (Foster, J.)
  74. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 08/20/2025 13:29:39
  75. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/15/2025 Time: 10:00 AM
  76. Motion to Continue Status Conference scheduled for October 15, 2025, filed.
  77. October 9, 2025. Motion to Continue Status Conference Scheduled for October 15, 2025 is DENIED. The parties shall report on the status of discovery and other matters in this case at the status conference. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 10/09/2025 16:05:37
  78. Event Resulted: Status Conference scheduled on: 10/15/2025 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 15, 2025. Status conference held via Zoom. Attorney J. Daniel Silverman and Michael Rabieh appeared. The defendant is ORDERED to disclose their expert surveyor by the end of business today to the plaintiff. The defendant is further instructed that he may not designate any additional experts in this matter. The defendant's expert report is due on January 15, 2026. A status conference is set down for February 17, 2026 at 10:30am by Zoom where the plaintiff will report whether they have engaged an expert after review of the defendant expert's report. (Foster, J.)
  79. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Michael Rabieh, Esq. [email protected] Defendant: Jan Daniel Silverman, Esq. [email protected] Sent On: 10/17/2025 14:54:30

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