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Case Information
Filed
2022-07-19
Status
Closed
Type
Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket
25 entries
Disposition
judgment
Parties
Plaintiff
Quinn, James M.|Quinn, Jill K.
Defendant
Slaney, Stephen J.|Slaney, Stacy Ann
Lawyers
Docket Entries
- Stipulation of Dismissal (Pursuant to Mass. R. Civ. P. 41(a)1(ii), filed by email.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 432582 Date: 07/19/2022
- Land Court surcharge Receipt: 432582 Date: 07/19/2022
- Land Court summons Receipt: 432582 Date: 07/19/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Sent On: 07/25/2022 14:33:28
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 09/01/2022 Time: 03:30 PM
- Return on Summons for Defendant Stephen Slaney, filed.
- Return on Summons for Defendant Stacy Slaney, filed.
- Notice of Appearance of William Heney, Esq. on behalf of Defendants Steven J. Slaney and Stacy Ann Slaney, filed by email.
- Answer of Stephen J. Slaney and Stacy Ann Slaney to James M. Quinn and Jill K. Quinn Complaint, filed.
- Event Resulted: Case Management Conference scheduled on: 09/01/2022 03:30 PM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Gordon H. Piper, Presiding
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 09/21/2022 Time: 02:30 PM
- Joint Case Management Statement and Proposed Order, filed by email.
- Notice of appearance of Attorney Jennifer DiCarlo for Defendants Stephen J. Slaney and Stacy Ann Slaney, filed by email.
- Event Resulted: Case Management Conference scheduled on: 09/21/2022 02:30 PM Has been: Held via video Hon. Gordon H. Piper, Presiding September 21, 2022. Case Management Conference held via ZOOM. Early Intervention Event Held. Attorney Russell Goldberg, Esq. appeared for the plaintiffs. Attorney Jennifer DiCarlo, Esq. appeared for the defendants. Court confirmed with counsel that the property at issue in this case is not registered land, and that the complaint is effectively a G.L.c. 231A count for declaratory relief and for judicial determination of the relevant boundary line between the parties' house lots, and whether the claimed encroachments onto plaintiffs' land lie on plaintiffs' or defendants' property. The parties are neighbors who disagree about ownership of a strip of land along the shared boundary line of their respective properties on Melch Road in Lynnfield. Currently, the complaint presents only a trespass action, over which this court does not have jurisdiction unless title genuinely is in issue. Cf. G.L. c. 185, s. 1(o). However, Attorney DiCarlo indicated her intent to assert adverse possession as an affirmative defense and by way of counterclaim, which would bring the action within this court's jurisdiction. Attorney DiCarlo's request for the court's leave to amend the defendant's answer to assert title to the disputed strip by virtue of adverse possession is ALLOWED, with the amended answer to be filed and served promptly. Counsel for the parties reported they were receptive to settlement. Counsel instructed to file a joint written report with the court by October 21, 2022, notifying the court of the status of settlement discussions. Counsel advised to seek the court's assistance with arrangements for mediation should it be helpful. The court reserves the right to send the parties to a mandatory mediation screening but prefers the parties voluntarily to proceed to mediation, which is nothing more than non-binding settlement negotiations conducted with the assistance of a trained ADR neutral. Counsel further instructed to supply notice to any mortgagee(s) of the respective parties, providing mortgagee(s) with a copy of the case docket and pleadings made to date, indicating that counsel is sending notice of the pendency of this action at the court's direction to allow the mortgagee to decide if it wishes to take any further action to protect its interests in light of the pendency of this case. Counsel also to file a copy of this notice with the court. Discovery to be completed by February 15, 2023. The parties, through counsel, are to file with the court a joint written report at the close of discovery indicating what discovery was accomplished. Counsel in the report simultaneously to inform the court if there will be dispositive motions made, by whom, as to what issues, and who will file first. Any dispositive motions will be governed by Land Court Rule 4, and the leading dispositive motion is to be filed by March 31, 2023. Should counsel in their report indicate that no dispositive motions will be forthcoming, counsel are to request that the court schedule a pretrial conference. All filings are to be directed to sessions clerk Attorney Nicole Foster. Filings to be made electronically to Attorney Foster, and also sent to the court in hard copy with cover indicating that simultaneous electronic transmission also was made. (Piper, C.J.)
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Piper, Hon. Gordon H.
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 09/26/2022 14:24:55
- Appearance of Jennifer L DiCarlo, Esq. for Stephen J. Slaney, Stacy Ann Slaney, filed
- First Amended Answer of Stephen J. Slaney and Stacy Ann Slaney (with counterclaims) to James M. Quinn and Jill K. Quinn Complaint, filed.
- Joint report on the status of settlement discussions, received by email: The parties report that the Defendants have conducted a survey of their property, which largely corresponds with a prior survey obtained in connection with the Plaintiffs' property. The survey was recently prepared and has not been produced. The location of the Disputed Area does not appear to be contested by the parties. Since the parties' case management conference, Defendants amended their answer to include a counterclaim for adverse possession, which they intend to pursue absent a settlement of the instant case. Plaintiffs are in the process of answering the counterclaim and serving discovery requests. At this point, the parties have not yet engaged in meaningful settlement discussions given that the Defendants' survey was just conducted on October 17, 2022. However, both parties will continue to discuss the possibility for a settlement while the case ensues.
- Notice of Docket Entry: October 20, 2022. The court is in receipt of counsels' status report, transmitted to the court October 19, 2022, in which the court is advised that, following additional survey work performed for the defendants, the location of the disputed area does not appear to be in any great dispute, and that defendants will proceed on their counterclaim for adverse possession as set forth in the amended answer. The parties by counsel further advise that they have not yet engaged in meaningful settlement discussions given that the defendants' survey was just conducted, although the parties will continue to discuss settlement while the case ensues. The parties are to continue diligently their good faith efforts to settle this matter, and are to consider whether they might engage in mediation--assisted settlement negotiations under the auspices of a trained neutral. They are to file a further report on the prospects for settlement and their efforts and intentions to engage in mediation. That report is due November 30, 2022. Based on the report, the court may make further orders, including for mediation screening. No deadlines which have been established by the court are altered. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Russell Zane Goldberg, Esq. [email protected] Defendant: William E Heney, Esq. [email protected] Defendant: Jennifer L DiCarlo, Esq. [email protected] Sent On: 10/20/2022 12:03:51
- Defendants James M. Quinn and Jill K. Quinn's Answer to Counterclaim, filed.
- Agreement for Judgment filed by James M. Quinn, Jill K. Quinn, Stephen J. Slaney, Stacy Ann Slaney, dated January 9, 2023,
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