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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-07-13
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 38 entries

Parties

Plaintiff Di Benedetto, David C.|Moss, Martha|Jag Properties, Llc
Defendant Town Of Scituate|Boudreau, James|Seghezzi, Michele

Lawyers

Docket Entries

  1. Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 432448 Date: 07/13/2022
  4. Land Court surcharge Receipt: 432448 Date: 07/13/2022
  5. Land Court summons Receipt: 432448 Date: 07/13/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: David C. DiBenedetto 6 Cliff Road South, Scituate, MA 02066 Sent On: 07/26/2022 11:11:14
  8. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 09/06/2022 Time: 11:30 AM Pro Se Plaintiff mailed a copy.
  9. Appearance of Jason W Crotty, Esq., Matthew J Hamel, Esq. for Town of Scituate, James Boudreau, Michele Seghezzi, filed
  10. Motion of Defendants to Dismiss Plaintiff's Complaint under Rules 12(b)(1) and 12(b)(6), filed.
  11. Memorandum of Law in Support of Defendants to Dismiss Plaintiff's Complaint under Rules 12(b)(1) and 12(b)(6), filed.
  12. Event Resulted: Case Management Conference scheduled on: 09/06/2022 11:30 AM Has been: Canceled. The parties reported they are close to resolving this matter. They will file either a Joint Status Report or a Stipulation of Dismissal by September 21, 2022. Hon. Diane R. Rubin, Presiding
  13. Counsel emailed the court requesting an additional thirty days to report to the court. The court allowed this request. A Joint Status Report to be filed by November 7, 2022. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  14. Joint Status Report, filed. Counsel will file a further Joint Status Report by January 11, 2023.
  15. Joint Status Report, filed. Counsel to file a further Joint Status Report by February 13, 2023.
  16. Motion to Amend Complaint, filed.
  17. Motion to Amend Complaint, ALLOWED. The Amended Complaint will be docketed as of today's date. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  18. Amended Complaint, filed.
  19. Motion to Dismiss Plaintiff's Amended Complaint under Rules 12(b)(1) and 12(b)(6), filed.
  20. Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiff's Amended Complaint pursuant to Rules 12(b)(1) & 12(b)(6), filed.
  21. Defendant's Appendix to Motion to Dismiss Amended Complaint, filed.
  22. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 03/21/2023 Time: 02:30 PM Counsel notified via email.
  23. Joint Case Management Conference Statement, filed.
  24. Plaintiffs' Opposition to Motion to Dismiss Amended Complaint, filed.
  25. Memorandum of Law in Support of Plaintiffs' Opposition to Dismiss Amended Complaint, filed.
  26. Appendix to Plaintiff's Opposition to Motion to Dismiss Amended Complaint, filed.
  27. Event Resulted: Case Management Conference scheduled on: 03/21/2023 02:30 PM Has been: Case management conference and early intervention event held via videoconference. Attorney Denise Chicoine appeared on behalf of the plaintiffs and Attorney Matthew Hamel appeared on behalf of the defendant. Court is in receipt of the Motion to Dismiss Plaintiff's Amended Complaint under Rules 12(b)(1) and 12(b)(6), and supportive filings; Plaintiffs' Opposition to Motion to Dismiss Amended Complaint, and supportive filings; and the parties' Joint Case Management Conference Statement. By way of background, counsel explained that rocks and debris are being washed up by the tide underneath Plaintiffs' homes (which are on stilts) at 4 and 6 Cliff Road South, Scituate and onto the public way, and Plaintiffs now allege that when the town moves this debris from the road, it is pushed onto Plaintiffs' properties, blocking their access to the public way. Court inquired as to prospects for settlement or mediation in order to reach a mutually agreeable resolution, and counsel advised that they are open to mediation. Following colloquy, court to issue a Mediation Screening Order. By April 28, 2023, parties to complete mediation screening. By May 5, 2023, parties to submit a written joint report to the court as to the outcome of the mediation screening, whether parties are willing to attend mediation, and if so, naming mediation provider, identity of neutral, and date of session. With respect to the Motion to Dismiss, which will need to be addressed should the case not settle, court raised concern as to whether this action involves any right, title, or interest in land such that the court would have jurisdiction under G.L. c. 185, 1(k), or whether it is more properly plead as a nuisance claim. Status conference scheduled for May 11, 2023, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  28. Alternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
  29. ADR referral to REBA Dispute Resolution, Inc. issued. Judge: Rubin, Hon. Diane R.
  30. Order Referring Case to Dispute Resolution Screening Session, issued. (Copies emailed to Attorneys Denise Chicoine and Matthew Hamel) Judge: Rubin, Hon. Diane R.
  31. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/11/2023 Time: 09:30 AM
  32. ADR Report of REBA: Parties will Mediate this case on April 21, 2023.
  33. Joint Status Report, filed.
  34. Event Resulted: Status Conference scheduled on: 05/11/2023 09:30 AM Has been: Rescheduled to June 21, 2023 at 11:00 am with a Joint Status Report due June 14, 2023. Hon. Diane R. Rubin, Presiding
  35. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/21/2023 Time: 11:00 AM Counsel notified via email.
  36. ADR Report of REBA: Parties Mediated with Judge Lombardi on June 9, 2023 and the case Settled.
  37. Event Resulted: Status Conference scheduled on: 06/21/2023 11:00 AM Has been: Canceled. Parties reported this case and a Stipulation of Dismissal will be filed. Hon. Diane R. Rubin, Presiding
  38. Stipulation of Dismissal, filed.

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