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Case Information
Filed
2022-07-08
Status
Closed
Type
Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket
38 entries
Parties
Plaintiff
Parker, Richard J.|Roberts, Lowell
Defendant
Martha's Vineyard Camp Meeting Association, Inc.|Awad, Mark|Awad, Anastacia
Lawyers
Docket Entries
- Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 432335 Date: 07/08/2022
- Land Court surcharge Receipt: 432335 Date: 07/08/2022
- Land Court summons Receipt: 432335 Date: 07/08/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 08/16/2022 Time: 11:30 AM rescheduled to August 15 at 10:30am
- Summons returned to Court with service on Martha's Vineyard Camp Meeting Association, Inc. filed.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Ellen B Kaplan, Esq. [email protected] Plaintiff: Kathryn Sullivan, Esq. [email protected] Sent On: 07/27/2022 09:57:29
- Notice of Appearance of Gareth Orsmond and Kathleen Heyer for the Defendants,filed.
- Answer and Counterclaim,filed.
- Joint Case Management Conference Statement,filed.
- Case management conference held by videoconference. Early intervention event held. Attorneys Ellen Kaplan, Kathryn Sullivan, and Kathleen Heyer appeared. Counsel provided an overview of the dispute including a brief discussion of legal issues. Plaintiffs are ordered to file an amended complaint that names as additional defendants in the case, Mark Awad and Anastacia Awad, who are the owners of Lot 12 in the Oak Bluffs Campgrounds in Oak Bluffs. Discovery to be completed by May 8, 2023; and expert depositions, if any, to be completed by June 20, 2023. Following the completion of all discovery, if the filing of a summary judgment motion is not anticipated, counsel to contact sessions clerk Emily Rosa to request that the court schedule a pre-trial conference.
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
- Plaintiffs' Answer to Counterclaim,filed.
- Motion to Amend Complaint,filed and Allowed.
- Amended Complaint,filed.
- Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Speicher, Hon. Howard P. Event: Hearing on Preliminary Injunction Date: 09/30/2022 Time: 11:00 AM
- Plaintiffs' Motion for Preliminary Injunction against the Defendants, Mark Awad and Anastacia Awad,filed.
- Memorandum in support of Plaintiffs' Motion for Preliminary Injunction against the Defendants, Mark Awad and Anastacia Awad,filed.
- Defendant Martha's Vineyard Camp Meeting Association, Inc's Answer to Amended Complaint,filed.
- Appearance of Robert M Mendillo, Esq. for Mark Awad, Anastacia Awad, filed
- Summons returned to Court with service on Mark Awad, Anastacia Awad filed.
- The Awads' Motion to Dismiss,filed.
- Plaintiffs' Answer to Counterclaim of Defendant MVCMA to Amended Complaint,filed.
- Summons returned to Court with service on Mark Awad, Anastacia Awad, Martha's Vineyard Camp Meeting Association, Inc. filed.
- Defendant Martha's Vineyard Camp Meeting Association, Inc's Opposition to Plaintiffs' Motion for a Preliminary Injunction,filed.
- Affidavit of Andrew Patch,filed.
- Affidavit of Mark Awad,filed
- The Awad's Opposition to Plaintiff's Motion for Injunctive Relief,filed.
- Hearing on plaintiffs' motion for preliminary injunction held by videoconference. Attorneys Ellen B. Kaplan, Kathleen M. Heyer, and Robert Mendillo appeared and argued. The parties, with reference to filed photographs and maps, informed the court as to the locations of the subject lots and the purported easement. Following argument on the merits of the case and the balance of the harms, the court took the motion under advisement. Attorney Mendillo to file a memorandum in support of his pending motion to dismiss complying with Land Court Rule 4.
- The Awad's Memorandum in support of their Motion to Dismiss,filed.
- Order on Plaintiffs' Motion for Preliminary Injunction, issued. (Copies emailed to Attorneys Kathryn Sullivan, Ellen Kaplan, Kathleen Heyer, Gareth Orsmond, and Robert Mendillo) Judge: Speicher, Hon. Howard P.
- Summons returned to Court with service on Mark Awad, Anastacia Awad, Martha's Vineyard Camp Meeting Association, Inc. filed.
- The Awads' Motion to Dismiss, ALLOWED. No opposition having been filed, the motion to dismiss the Amended Complaint as to the Defendants Mark Awar and Anastacia Awad is ALLOWED. Judge: Speicher, Hon. Howard P.
- Joint Motion to extend deadlines (July 31, 2023), filed and Allowed.
- Stipulation of Dismissal of Plaintiff Lowell Roberts,filed.
- Joint Motion to extend deadlines (September 30,2023) filed and Allowed.
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