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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-04-25
Status Closed
Type Ota Other
Docket 83 entries
Disposition judgment

Parties

Plaintiff Marspec, Inc.
Defendant Barker, Christine|Rose, H. Bradford|Commonweath Of Massachusetts

Lawyers

Docket Entries

  1. Withdrawal of Sarah Turano-Flores, Esq. for Christine Barker, H. Bradford Rose, filed
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 440440 Date: 04/25/2023
  4. Land Court surcharge Receipt: 440440 Date: 04/25/2023
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 05/08/2023 Time: 11:15 AM
  7. Plaintiff's Motion to Consolidate Miscellaneous Case and S-petition Case, filed.
  8. Plaintiff's Motion for Endorsement of a Memorandum of Lis Pendens, filed. (Note: Memorandum of Lis Pendens submitted).
  9. Event Resulted: Hearing on Lis Pendens scheduled on: 05/08/2023 11:15 AM Has been: Canceled as case REASSIGNED to the Hon. Jennifer S. D. Roberts and Hearing on Lis Pendens via Zoom will issue under the correct Court. Hon. Robert B. Foster, Presiding
  10. Please be advised that this case has been REASSIGNED to the Hon. Jennifer S. D. Roberts, whose Sessions Clerk is: Kathleen M. Hayes. Clerk Hayes can be reached via email at: [email protected]. Please ensure all correspondence to the Court is emailed to Clerk Hayes, and add the Court's initials to the end of the case number: 23 MISC 000173 (JSDR). Hearing on Lis Pendens via Zoom scheduled May 8, 2023 at 11:15 AM before Judge Foster is VACATED. Hearing on Lis Pendens via Zoom will be heard on May 8, 2023 at 11:15 AM before Judge Roberts. Summons to issue. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Sent On: 05/02/2023 11:46:49
  11. Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Lis Pendens VIA ZOOM Date: 05/08/2023 Time: 11:15 AM Email notice to: Attorney Alan E. Lipkind and Attorney Peter Vetere.
  12. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 05/23/2023 Time: 09:30 AM Email notice to: Attorney Alan E. Lipkind and Attorney Peter Vetere.
  13. Return of Service on Bradford Rose: 05/04/2023: Service of the emailed Land Court Zoom Information for Lis Pendens Hearing by leaving at the last and usual place of abode and by mailing 1st class, filed by email.
  14. Appearance of Sarah Turano-Flores, Esq. for Christine Barker, filed
  15. Event Resulted: Hearing on Motion For Endorsement Of A Memorandum Of Lis Pendens ("the Lis Pendens Motion") scheduled on: 05/08/2023 11:15 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for plaintiff and Attorney Sarah A. Turano-Flores appeared for defendant Christine Barker. Defendant H. Bradford Rose appeared pro se but indicated that Attorney Turano-Flores would be appearing on his behalf. The court noted that, while the Lis Pendens Motion was unopposed, the court would only allow it as to the property actually in dispute. Accordingly, Attorney Vetere should prepare a sketch plan of that area and share it with Attorney Turano-Flores. Once the parties have agreed on the sketch plan, it will be attached to the endorsement of the memorandum of lis pendens for recording at the Registry of Deeds. The court also raised the issue of whether other parties might need to be joined, as the drawing of disputed boundary lines in this case may affect other harbor-front owners in Provincetown. Counsel should be prepared to address this issue at the Case Management Conference on May 23, 2023 at 9:30 a.m. The court referred counsel to the case of Johnson v. Town of Nantucket, 5 LCR 213 (1997) (Kilborn, C.J.) for guidance. Finally, the court declined to take action on Plaintiff's Motion to Consolidate Miscellaneous Case and S-petition Case, docketed on April 25, 2023, but will notify the Chief Title Examiner of the relationship between that case and this. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; and Attorney Sarah A. Turano-Flores. Hon. Jennifer S.D. Roberts, Presiding
  16. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected]
  17. Summons returned to Court with service on H. Bradford Rose filed. Summons and Hearing Notice for Lis Pendens - 05/01/2023: Service of Summons & Hearing Notice, Complaint, Civil Cover Sheet, Motion for Endorsement, Proposed Memo of Lis Pendens,, by leaving at the last and usual place of abode and by mailing 1st class.
  18. (Revised) Memorandum of Lis Pendens, filed by email.
  19. Judicial Endorsement of Memorandum of Lis Pendens (G. L. c. 184, 15) issued. (Copies emailed to Attorneys Alan Lipkind, Peter Vetere, and Sarah Turano-Flores) Judge: Roberts, Hon. Jennifer S.D.
  20. Joint Statement for Case Management Conference, filed by email.
  21. Defendants' Motion to Dismiss Verified Complaint, filed by email.
  22. Defendants' Statement of Material Facts In Support of Their Motion to Dismiss, filed by email.
  23. Defendants' Combined Memorandum of Law In Support of Their Motions to Dismiss Miscellaneous Case (23 MISC 000173) and S-Petition Case (23 SBQ 21101 04-001) For Lack of Subject Matter Jur8isdiction and For Failure to State a Claim, filed by email.
  24. Index of Defendants' Appendix of Exhibits, filed by email.
  25. Event Resulted: Case Management Conference scheduled on: 05/23/2023 09:30 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for plaintiff and Attorneys Sarah Turano-Flores and Matthew Connolly appeared for defendants. If he has not already done so, Attorney Connolly is directed to file an appearance in this case. After discussion regarding the defendants' recently filed motion to dismiss, it was noted that the Commonwealth of Massachusetts needs to be brought into this case, thereby affecting the briefing schedule. Accordingly, the court set a deadline of June 2, 2023 for Attorney Turano-Flores to file and serve a Rule 19 motion to bring in the Commonwealth as a necessary party. The court scheduled a further Status Conference for June 20, 2023 at 9:30 a.m., to be held via videoconference. Plaintiff's response to the defendants' motion to dismiss need not be filed until a further briefing schedule that accommodates the Commonwealth is established. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; and Attorney Matthew Connolly. Hon. Jennifer S.D. Roberts, Presiding
  26. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected]
  27. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/20/2023 Time: 09:30 AM Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; and Attorney Matthew Connolly.
  28. Defendants' Motion to Join The Commonwealth as a Party, filed.
  29. Defendants' Motion to Join The Commonwealth as a Party ALLOWED. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; and Attorney Matthew Connolly. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected]
  30. Event Resulted: Status Conference scheduled on: 06/20/2023 09:30 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for plaintiff, Attorneys Sarah Turano-Flores and Matthew Connolly appeared for the private defendants and Attorney Kendra Kinscherf appeared for the Commonwealth. Attorney Kinscherf indicated that she would file a formal notice of appearance in this case. After discussion with the court, Attorney Lipkind stated that he would file a motion to amend the complaint to add the Commonwealth as a party and add additional facts to the complaint. Attorney Turano-Flores stated that it is her position that the issue contemplated in this case has been previously adjudicated in the earlier Land Court registration case concerning the property and that she therefore anticipates filing a renewed motion to dismiss once all the registration case materials have been received from the court. The court directed Attorney Turano-Flores to share the materials that she currently has in her possession with the other parties, with the outstanding materials to be shared when they have been received. The court scheduled a deadline of August 4, 2023 for Attorney Lipkind to file a motion to amend the complaint, with any opposition (including on the ground of futility) due by September 8, 2023. Any reply thereto is due by September 22, 2023. The court further scheduled a hearing on the motion to amend the complaint for November 8, 2023 at 2:00 p.m., to be held via videoconference. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew Connolly; and Attorney Kendra Kinscherf. Hon. Jennifer S.D. Roberts, Presiding
  31. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  32. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Motion to Amend Complaint VIA ZOOM Date: 11/08/2023 Time: 02:00 PM Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew Connolly; and Attorney Kendra Kinscherf.
  33. Appearance of Kendra Kinscherf, Esq. for Commonweath of Massachusetts, filed
  34. Plaintiff's Motion for Leave to Amend Complaint, filed.
  35. Plaintiff's Addendum of Legal Authority, filed.
  36. Commonwealth's Response to Plaintiffs' Motion to Amend, filed.
  37. Defendants' Opposition to Plaintiffs' Motion to Amend Complaint, filed.
  38. Index to Defendants' Appendix In Support of Their Opposition to Plaintiffs' Motion Amend, filed.
  39. Defendants' Appendix Exhibits Y-KK, filed.
  40. Reply Memorandum In Support of Plaintiffs' Motion for Leave to Amend Complaint, filed.
  41. Event Resulted: Hearing on Plaintiff's Motion For Leave To Amend Complaint ("Motion") scheduled on: 11/08/2023 02:00 PM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for plaintiff, Attorneys Sarah A. Turano-Flores and Matthew J. Connolly appeared for defendants Christine Barker and H. Bradford Rose ("the Private Defendants"), and Attorney Kendra Kinscherf appeared for the Commonwealth of Massachusetts. After hearing, the Motion is ALLOWED. Leave to amend "shall be freely given when justice so requires." Mass. R. Civ. P. 15(a). "[L]eave should be granted unless there are good reasons for denying the motion." Mathis v. Massachusetts Electric Co., 409 Mass. 256, 264 (1991). "Such reasons include 'undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.'" Id. quoting Castellucci v. United States Fidelity & Guar. Co., 372 Mass. 288, 290 (1977). Here, the Private Defendants argue that amendment would be futile, because (1) the plaintiff's claims are barred by the doctrine of res judicata, having been the subject of a 1948 registration proceeding in this court, and (2) the plaintiff, not being the owner of the accreted land at issue, does not have standing to pursue its claim regarding the boundary thereof. Res judicata does not apply here, as this court was not asked to and did not address in 1948 the correct boundary between the plaintiff's and the Private Defendants' properties for upland that did not then exist. As shown on a plan of land entitled "Plan Of Land In Provincetown As Surveyed For Marine Specialties, Inc. Scale: 1 IN. = 20 FT. April, 2022," Index To Defendants' Appendix In Support Of Their Opposition To Plaintiffs' Motion to Amend Complaint, Ex. A., more than 6,000 square feet of land extending 154 feet further seaward from the 1948 mean high water line has accreted since then. In 1948, the court addressed "the common line of ownership across the former flats," i.e., the line across the then-existing upland landward of the then-existing mean high water line, not the land that has accreted since then. See Kobrin v. Bd. of Registration in Med., 444 Mass. 837, 843 (2005) ("Before precluding a party from relitigating an issue, 'a court must determine that (1) there as a final judgment on the merits of the prior adjudication; (2) the party against whom preclusion is asserted was a party (or in privity with a party) to the prior adjudication; and (3) the issue in the prior adjudication was identical to the issue in the current adjudication.'"), quoting Tuper v. North Adams Ambulance Serv., Inc., 428 Mass. 132, 134 (1998). And, at this stage, the court declines to determine, as between the plaintiff and the Commonwealth, who owns the accreted land in the absence of the Commonwealth. In particular, the court has not found and the parties have not pointed to law establishing the boundary of the Commonwealth's interest, be it some historic mean high water line or the present mean high water line. The court set a deadline of November 17, 2023 for the Private Defendants to determine whether they want to pursue their previously filed motion to dismiss. Assuming the motion to dismiss is not pursued, the Commonwealth and the Private Defendants have until December 13, 2023 to file and serve an answer to the amended complaint. The court set scheduled a further Status Conference for December 15, 2023 at 9:00 a.m. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew Connolly; and Attorney Kendra Kinscherf. Hon. Jennifer S.D. Roberts, Presiding
  42. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  43. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 12/15/2023 Time: 09:00 AM Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew Connolly; and Attorney Kendra Kinscherf.
  44. Amended Verified Complaint, filed.
  45. Private Defendants' Notice Regarding Its Previously Filed Motion to Dismiss, filed.
  46. Private Defendants' Answer to Amended Verified Complaint, filed. (Courtesy copy received on December 19, 2023)
  47. Commonwealth's Answer to the Amended Verified Complaint, filed.
  48. Event Resulted: Status Conference scheduled on: 12/15/2023 09:00 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for the plaintiff, Attorneys Sarah Turano-Flores and Matthew J. Connolly appeared for the defendants, and Attorney Kendra Kinscherf appeared for the Commonwealth. After discussion, the court set a discovery deadline of March 15, 2024 with the understanding that, if counsel require more time for good cause shown, they may request an extension of that deadline. The court also scheduled a Status Conference for March 15, 2024 at 9:00 a.m. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf. Hon. Jennifer S.D. Roberts, Presiding
  49. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  50. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 03/15/2024 Time: 09:00 AM Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf.
  51. Joint Motion to Bifurcate Title Issues, filed.
  52. Event Resulted: Status Conference scheduled on: 03/15/2024 09:00 AM Has been: Held via video Hon. Jennifer S.D. Roberts, Presiding March 15, 2024 - Status Conference held via videoconference. Attorney Peter Vetere appeared for the plaintiff, Attorneys Sarah Turano-Flores and Matthew J. Connolly appeared for the defendants, and Attorney Kendra Kinscherf appeared for the Commonwealth. Attorney Vetere reported that the parties are still working on discovery and requested an additional 90 days to complete it. Attorney Turano-Flores reported discovery should be limited to the issue of the shared boundary and that her clients would prefer a shorter discovery period. After discussion, the court set a discovery deadline of April 22, 2024 and a deadline of April 30, 2024 for expert disclosures. The court also scheduled a further status conference for May 1, 2024 at 9:00 a.m. If counsel require more time to complete discovery for good cause shown, they may request an extension of that deadline. No objections having been raised, the Joint Motion To Bifurcate Title Issues is ALLOWED. (Roberts, J.)
  53. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected] Sent On: 03/15/2024 13:40:47
  54. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 05/01/2024 Time: 09:00 AM Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; Attorney Sarah Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf.
  55. Notice of Docket Entry: April 22, 2024. Status conference scheduled for May 1, 2024 is VACATED and rescheduled to April 30, 2024 at 9:30 am. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected] Sent On: 04/22/2024 14:49:23
  56. Event Resulted: Status Conference scheduled on: 05/01/2024 09:00 AM Has been: VACATED Hon. Jennifer S.D. Roberts, Presiding
  57. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference Date: 04/30/2024 Time: 09:30 AM
  58. Event Resulted: Status Conference scheduled on: 04/30/2024 09:30 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter Vetere appeared for the plaintiffs and Attorneys Sarah Turano-Flores and Matthew J. Connolly appeared for the defendants. Attorney Lipkind reported that the plaintiffs have been deposed, but the depositions of the defendants are scheduled to occur in the next two weeks. Attorney Lipkind noted that expert disclosures are due today and both parties are ready to exchange that information but requested that he have the opportunity to do additional discovery, if necessary, after expert disclosures and the defendants' depositions have been completed. Attorney Turano-Flores reported that it is unlikely additional discovery will be needed because this case rests undisputed facts from the historical record and can be resolved on summary judgment. Attorney Lipkind disagreed that the material facts are undisputed and requested a further status conference after the scheduled depositions have been conducted. The court scheduled a further Status Conference for May 15, 2024 at 9:00 a.m. to discuss the status of discovery and settlement discussions. Email notice to: Attorney Alan E. Lipkind; Attorney Peter Vetere; Attorney Sarah Turano-Flores; and Attorney Matthew J. Connolly. Hon. Jennifer S.D. Roberts, Presiding
  59. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  60. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 05/15/2024 Time: 09:00 AM Email notice to: Attorney Alan E. Lipkind; Attorney Peter Vetere; Attorney Sara Turano-Flores; and Attorney Matthew J. Connolly.
  61. Event Resulted: Status Conference scheduled on: 05/15/2024 09:00 AM Has been: Continued at the email request of counsel who are making progress on settlement. Status Conference via Zoom rescheduled to June 5, 2024 at 10:00 AM. Hon. Jennifer S.D. Roberts, Presiding
  62. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/05/2024 Time: 10:00 AM Email notice to: Attorney Alan E. Lipkind; Attorney Peter Vetere; Attorney Sara Turano-Flores; and Attorney Matthew J. Connolly.
  63. EDocument Sent: Notice of Status Conference was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  64. Event Resulted: Status Conference scheduled on: 06/05/2024 10:00 AM Has been: Held via video. Attorneys Alan E. Lipkind and Peter M. Vetere appeared for the plaintiff Marspec, Inc. and Attorney Matthew J. Connolly appeared for the defendants. Attorney Gregory M. Boucher, counsel for Marspec, Inc. in related cases 20 MISC 000062, 20 MISC 000168 and 23 MISC 000155 ("the Zoning Cases"), also appeared. Attorney Lipkind reported that the parties have an agreement on a boundary line and would like an additional three weeks to finalize settlement documents. Attorney Connolly concurred and reported the final documents would be in the form of an agreement for judgment. Attorney Lipkind also explained that part of the agreement will require the filing of a plan in the related S-case, 23 SBQ 21101 04 - 001. After discussion, the court will issue a 30-day nisi order. The nisi order in the Zoning Cases will also be extended to July 10, 2024. Once the settlement documents are finalized, counsel should contact Clerk Hayes to request that Chief Piper reassign this case so that a judgment can be issued. Counsel should also request the S-case be reassigned and the stay be lifted at that time so that case can proceed. Email notice to: Attorney Alan E. Lipkind; Attorney Peter M. Vetere; and Attorney Matthew J. Connolly. Courtesy email to: Attorney Gregory M. Boucher. . Hon. Jennifer S.D. Roberts, Presiding
  65. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  66. 30 Day Nisi Order issued. Returnable 07/10/2024. (Copies emailed to Attorneys Alan Lipkind, Peter Vetere, Sarah Turano-Flores, Matthew Connolly, and Kendra Kinscherf)
  67. Email request for extension of the nisi order from July 10, 2024 to July 17, 2024, ALLOWED. Email notice to: Attorney Alan E. Lipkind; Attorney Peter Vetere; Attorney Sara Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  68. Joint Motion for the Entry of Agreement for Judgment, filed.
  69. The Court has reviewed Marspec, Inc. and the Private Defendants' Joint Motion for Entry of Agreement for Judgment in Case Nos. 23 MISC 000173 and 23 SBQ 21101 04-001. The Court is prepared to grant the motion and enter the requested judgment provided the parties agree to three revisions (if they don't, they should propose alternatives): (1) Paragraph 1 should state that the declarations described in that paragraph are binding only on Marspec, Inc. and the Private Defendants. (2) Paragraph (4) requests dismissal of Marspec's SBQ case as it pertains to "the triangle of land highlighted in red on the Sketch ." The e-filed copy of the Sketch is in black and white. The Court also is reluctant to enter any judgment that relies on the Court or Registry District personnel making color copies. The Court is thus inclined to require Marspec and the Private Defendants to submit a revised Sketch that delineates or identifies the triangle in some other manner. (3) Paragraph (5) is unclear whether the phrase that begins with "subject only to the requirement" is intended to limit only the Private Defendants' rights in the SBQ case. The Court ADVISES the parties that the Court will not approve paragraph (5) or similar language if the intention is to limit what the Chief Title Examiner or the Survey Department may do or recommend in connection with the SBQ case. The Court ORDERS Marspec and the Private Defendants to file by August 9, 2024, a revised Agreement for Judgment and/or a memorandum explaining and justifying the current Agreement's provisions. SO ORDERED. Email notice to: Attorney Alan E. Lipkind; Attorney Peter Vetere; Attorney Sara Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Plaintiff: Peter Vetere, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  70. Withdrawal of Peter Vetere, Esq. for Marspec, Inc., filed
  71. Joint Status Report (Parties request an additional three (3) weeks, until August 30, 2024 to prepare and file revised Agreement for Judgment), filed.
  72. Joint Status Report (Parties request an additional three (3) weeks, until August 30, 2024 to prepare and file revised Agreement for Judgment) ALLOWED. Email notice to: Attorney Alan E. Lipkind; Attorney Sara Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  73. Joint Status Report (parties requesting an additional two (2) weeks, or until September 12, 2024, to prepare and file the revised Agreement for Judgment and accompanying sketch), filed.
  74. Joint Status Report (parties requesting an additional two (2) weeks, or until September 12, 2024, to prepare and file the revised Agreement for Judgment and accompanying sketch) GRANTED. Email notice to: Attorney Alan E. Lipkind; Attorney Sara Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  75. Joint Status Report (Parties request for an additional two weeks, to September 26, 2024, to prepare and file the revised Agreement for Judgment and accompanying Sketch, in compliance with the Court's July 30, 2024 Docket Entry), filed.
  76. Parties request for an additional two weeks, to September 26, 2024, to prepare and file the revised Agreement for Judgment and accompanying Sketch, in compliance with the Court's July 30, 2024 Docket Entry ALLOWED. Email notice to: Attorney Alan E. Lipkind; Attorney Sara Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  77. Joint Status Report (seeking an additional two (2) weeks to October 11, 2024, to prepare and File Revised Agreement for Judgment), filed.
  78. Joint Status Report (seeking an additional two (2) weeks to October 11, 2024, to prepare and File Revised Agreement for Judgment) ALLOWED. Email notice to: Attorney Alan E. Lipkind; Attorney Sara Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected]
  79. Renewed Joint Motion for Entry of Agreement for Judgment, filed.
  80. Notice of Change of Firm and Address of: Alan E. Lipkind, Esq.; McCarter & English, LLP; 265 Franklin Street; Boston MA 02110, filed.
  81. This case has been REASSIGNED to the Hon. Lauren E. Reznick. Please direct further communication to Sessions Clerk Kathleen Hayes at: [email protected]. (Piper, C.J.) Email notice to: Attorney Alan E. Lipkind; Attorney Sara Turano-Flores; Attorney Matthew J. Connolly; and Attorney Kendra Kinscherf. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Alan E Lipkind, Esq. [email protected] Defendant: Sarah Turano-Flores, Esq. [email protected] Defendant: Matthew J Connolly, Esq. [email protected] Defendant: Kendra Kinscherf, Esq. [email protected] Sent On: 12/18/2024 10:43:13
  82. Order Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorneys Alan Lipkind, Sarah Turano-Flores, Matthew Connolly, and Kendra Kinscherf) Judge: Reznick, Hon. Lauren E.
  83. Agreement for Judgment approved by the Court.

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