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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-28
Status Open
Type Ota Other
Docket 73 entries

Parties

Plaintiff Mathews, Walter D.|Mathews, Bette J.|Ruopp, Charles P.|Ruopp, Marcus|Southworth, Samuel W.|Southworth, Melissa|Dutton, Garret|Mc Evoy, Kelsey|Mc Evoy, Stephen J.|Mc Evoy, Christina|Traub, Harriet C.|Rimbach, Jonathan L.
Defendant Galligan, Kevin|Meisinger, Susan|Koehler, Steven|Carlson, Charles|Berdik, Jeanne|Griffin, Mary|Reuman, Deborah|Granger, Robert|Landau, Diana|Runyon, Mefford|Scanlon, Judith|Van Oot, Peter|West, James|Attorney General Of The Commonwealth Of Massachusetts|Bowden, Gary|Henson, Druscilla|Herrick, David|Van Norman, Lynn|White, Deirdre|Auty, Carolyn

Lawyers

Docket Entries

  1. Scheduled Judge: Reznick, Hon. Lauren E. Event: Pre-Trial Conference VIA ZOOM Date: 12/17/2026 Time: 11:30 AM Email notice to: Attorney Valerie A. Moore; Attorney Kate M. Carter; Attorney Natasha K. Peck; and Attorney Abigail S. LaFontan.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 438671 Date: 02/28/2023
  4. Land Court surcharge Receipt: 438671 Date: 02/28/2023
  5. Land Court summons Receipt: 438671 Date: 02/28/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 04/05/2023 Time: 10:15 AM
  8. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Sarah Turano-Flores, Esq. [email protected] Plaintiff: Valerie A Moore, Esq. [email protected] Sent On: 03/08/2023 11:24:05
  9. First Amended Complaint,filed.
  10. Event Resulted: Case Management Conference scheduled on: 04/05/2023 10:15 AM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Howard P. Speicher, Presiding
  11. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 05/16/2023 Time: 10:00 AM
  12. Orleans Conservation Trust's Answer, Affirmative Defenses and Counterclaim, filed.
  13. Answer of Attorney General of the Commonwealth of Massachusetts filed. Attorney General's Answer to Plaintiffs' First Amended Complaint for Declaratory Judgment
  14. Summons returned to Court with service on Attorney General of the Commonwealth of Massachusetts filed.
  15. Parties' Joint Case Management Conference Statement, filed.
  16. Case management conference held by videoconference. Early intervention event held. Attorneys Sarah Turano-Flores, Kate Moran Carter and Argie Kosmetatos-Shapiro appeared. Counsel and the court discussed the potential for this case to be resolved on an issue of law, which would obviate the need to litigate the factual issues involved. Accordingly, Attorney Turano-Flores is instructed to file a motion for summary judgment by June 30, 2023. Attorney Carter is instructed to file a motion to dismiss Count IV of the complaint based on lack of standing pursuant to Mass. R. Civ. P. 12(b)(1) by June 30, 2023. Any oppositions to the motion for summary judgment and to the motion to dismiss must be filed by July 31, 2023, after which the court will schedule a hearing on the motions. Attorney Kosmetatos-Shapiro is invited, but not required, to participate in the above motion practice on behalf of the Attorney General's Office as an interested party in this case. No discovery is to be initiated until further notice from the court. Attorney Turano-Flores is permitted to add Terrapin Point, LLC to the case caption as a plaintiff.
  17. Alternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
  18. Plaintiffs' Answer to Counterclaim, filed.
  19. The Commonwealth's Motion to Dismiss Count IV of the Plaintiffs' First Amended Verified Complaint, filed.
  20. Plaintiffs' Memorandum of Law in support of their Motion for Summary Judgment on Counts I,II and III of their First Amended Complaint, filed.
  21. Plaintiffs' Statement of Uncontested Material Facts in support of their Motion for Summary Judgment,filed.
  22. Commonwealth's Memorandum of Law in Support of Motion to Dismiss Count IV of the Plaintiffs' First Amended Verified Complaint, filed.
  23. The Orleans Conservation Trust's Motion to Dismiss Count IV of the First Amended Complaint, filed.
  24. Orleans Conservation Trust's Rule 12(b)(1) Memorandum of Law in Support of its Motion to Dismiss Count IV of the First Amended Complaint, filed.
  25. Joint Appendix, filed.
  26. Concise Statement of Material Facts on which the Orleans Conservation Trust's Motion to Dismiss is Based, filed.
  27. Plaintiffs' Motion for Summary Judgment on Counts I,II and III of their First Amended Complaint, filed.
  28. Index of Appendix Exhibits in support of Plaintiffs' Summary Judgment,filed.
  29. Affidavit of Acceptance of Service on behalf of Orleans Conservation Trust and its Trustees , filed.
  30. The Orleans Conservation Trust's Opposition to the Plaintiffs' Motion for Summary Judgment on Counts I-III,filed.
  31. Orleans Conservation Trust's Responses to Plaintiffs' Statement of Material Facts, filed.
  32. Orleans Conservation Trust's Appendix of Additional Exhibits, filed.
  33. Affidavit of Stephen J. Mcevoy, filed.
  34. Affidavit of Bette J. Mathews, filed.
  35. Plaintiffs' Combined Opposition to the Commonwealth's and Orleans Conservation Trust's Motions to Dismiss Count IV of the First Amended Complaint, filed.
  36. Plaintiffs' Memorandum of Law in support of their Combined Opposition to the Commonwealth's and Orleans Conservation Trust's Motions to Dismiss Count IV of the First Amended Complaint, filed.
  37. Plaintiffs' Responses to the Orleans Conservation Trust's Statement of Material Facts upon which its Motions to Dismiss is based,filed.
  38. Affidavit of Faye N. Ruopp, filed.
  39. Affidavit of Garrett Dutton, filed.
  40. Scheduled Judge: Speicher, Hon. Howard P. Event: Summary Judgment Hearing Date: 01/10/2024 Time: 02:30 PM
  41. Scheduled Judge: Speicher, Hon. Howard P. Event:The Commonwealth's Motion to Dismiss Count IV of the Plaintiffs' First Amended Verified Complaint Date: 01/10/2024 Time: 02:30 PM
  42. Plaintiffs' Reply to the Orleans Conservation Trust's Opposition to the Plaintiffs' Motion for Summary Judgment on Counts 1-111, filed.
  43. Plaintiffs' Reply to the Orleans Conservation Trust's Statement of Additional Material Facts,filed.
  44. Event Resulted: Motion to Dismiss scheduled on: 01/10/2024 02:30 PM Has been: Rescheduled Hon. Howard P. Speicher, Presiding
  45. Event Resulted: Summary Judgment Hearing scheduled on: 01/10/2024 02:30 PM Has been: Rescheduled Hon. Howard P. Speicher, Presiding
  46. Scheduled Judge: Speicher, Hon. Howard P. Event: Summary Judgment Hearing Date: 03/07/2024 Time: 02:30 PM
  47. Scheduled Judge: Speicher, Hon. Howard P. Event: Motion to Dismiss Date: 03/07/2024 Time: 02:30 PM
  48. Hearing on plaintiffs' motion for summary judgment on Counts I, II, and III of plaintiffs' first amended complaint, and defendants' motion to dismiss Count IV of plaintiffs' first amended complaint, held in person at the Suffolk County Courthouse. Attorneys Sarah Turano-Flores, Alexander Eddinger, Kate Moran Carter, and Argie Shapiro appeared and argued. Following argument, the court took the motions under advisement.
  49. Private Parties' Joint Supplement Statement of Agreed Facts concerning Record Title,filed.
  50. Private Parties' Joint Status Report, filed.
  51. The Orleans Conservation Trust's Motion to Substitute Trustee-Defendants, filed.
  52. Appearance of Abigail S LaFontan, Esq. for Kevin Galligan Trustee of the Orleans Convservation Trust, filed
  53. 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 Valerie A. Moore; Attorney Sarah Turano-Flores; Attorney Abigail S. LaFontan; Attorney Natasha K. Winter; Attorney Kate M. Carter; and Attorney Jonathan C. Green. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Sarah Turano-Flores, Esq. [email protected] Plaintiff: Valerie A Moore, Esq. [email protected] Defendant: Kate Moran Carter, Esq. [email protected] Defendant: Natasha K Winter, Esq. [email protected] Defendant: Abigail S LaFontan, Esq. [email protected] Defendant: Jonathan Campbell Green, Esq. [email protected]
  54. Scheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 01/30/2025 Time: 10:30 AM Email notice to: Attorney Valerie A. Moore; Attorney Sarah Turano-Flores; Attorney Abigail S. LaFontan; Attorney Natasha K. Winter; Attorney Kate M. Carter; and Attorney Jonathan C. Green.
  55. Event Resulted: Status Conference scheduled on: 01/30/2025 10:30 AM Has been: Held via video. Attorney Valerie A. Moore appeared for plaintiffs, Attorney Kate M. Carter appeared for defendants, and Attorney Argie K. Shapiro appeared for nominal defendant, the Attorney General of Massachusetts ("the Commonwealth"). The court (Speicher, J.) originally heard plaintiffs' motion for summary judgment and defendants' motion to dismiss on March 7, 2024. After the hearing, the court expressed its concerns about the record and the parties agreed to prepare a supplemental filing. On September 17, 2024, the private parties submitted a Joint Supplemental Statement of Agreed Facts Concerning Record Title. On October 15, 2024, the private parties submitted a Joint Status Report in which they expressed opposing positions on whether a further argument would assist the court in adjudicating the record title issues addressed by the supplemental filing. Due to the former judge's retirement, this case has since been reassigned to the presiding judge. Attorney Moore explained that the supplemental filing details the title history to the back lots. Because the parties have competing interpretations of the easements granted in those deeds, Attorney Moore argued that further argument would allow each party to present their respective interpretations for the court's legal determination. Attorney Carter countered that while the supplemental filing added 23 additional title instruments, organized by back lot and presented chronologically for the court's convenience, it did not introduce any new arguments. Attorney Carter highlighted that the competing interpretations noted in footnotes 3 and 4 of the supplemental filing reiterate arguments already advanced in prior briefing and argument, rendering supplemental argument or briefing unnecessary. The Commonwealth reported that it takes no position on the summary judgment motion but had filed a motion to dismiss Count IV on the basis that plaintiffs lack standing to enforce the terms of charitable trust. After discussion, the court determined that it would be assisted by limited additional briefing and a hearing. The court scheduled a further hearing on plaintiffs' motion for summary judgment, to be held via Zoom on March 13, 2025 at 10:00 a.m. The arguments and additional briefing shall be limited to the application of the supplemental statement of facts to the legal issues presented by the summary judgment motion. The court, without objection from any party, excused counsel for the Commonwealth from attending the summary judgment hearing. Plaintiffs may file a supplemental brief by February 25, 2025. Defendants may, but are not required to, file a supplemental opposition by March 7, 2025, without waiving any arguments. Both briefs are limited to five pages. The court took the Commonwealth's Motion to Dismiss Count IV (previously heard by Speicher, J., on March 14, 2024) UNDER ADVISEMENT. Email notice to: Attorney Valerie Moore; Attorney Kate M. Carter; and Attorney Argie K. Shapiro. Hon. Lauren E. Reznick, Presiding
  56. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sarah Turano-Flores, Esq. [email protected] Plaintiff: Valerie A Moore, Esq. [email protected] Defendant: Kate Moran Carter, Esq. [email protected] Defendant: Natasha K Winter, Esq. [email protected] Defendant: Abigail S LaFontan, Esq. [email protected] Defendant: Jonathan Campbell Green, Esq. [email protected] Defendant: Argiro K Shapiro, Esq. [email protected]
  57. Scheduled Judge: Reznick, Hon. Lauren E. Event: Further Summary Judgment Hearing VIA ZOOM Date: 03/13/2025 Time: 10:00 AM Email notice to: Attorney Valerie A. Moore; Attorney Sarah Turano-Flores; Attorney Abigail S. LaFontan; Attorney Natasha K. Winter; Attorney Kate M. Carter; Attorney Jonathan C. Green; and Attorney Argiro K. Shapiro.
  58. Commonwealth's Motion to Dismiss Count IV (previously heard by Speicher, J., on March 14, 2024) TAKEN UNDER ADVISEMENT. Judge: Reznick, Hon. Lauren E.
  59. Plaintiffs' Assented-To Motion for Extension of Time (to file their Supplemental Brief In Support of Summary Judgment to February 28, 2025), filed.
  60. Plaintiffs' Assented-To Motion for Extension of Time (to file their Supplemental Brief In Support of Summary Judgment to February 28, 2025) ALLOWED. Email notice to: Attorney Valerie A. Moore; Attorney Sarah Turano-Flores; Attorney Abigail S. LaFontan; Attorney Natasha K. Winter; Attorney Kate M. Carter; Attorney Jonathan C. Green; and Attorney Argiro K. Shapiro. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Sarah Turano-Flores, Esq. [email protected] Plaintiff: Valerie A Moore, Esq. [email protected] Defendant: Kate Moran Carter, Esq. [email protected] Defendant: Natasha K Winter, Esq. [email protected] Defendant: Abigail S LaFontan, Esq. [email protected] Defendant: Jonathan Campbell Green, Esq. [email protected] Defendant: Argiro K Shapiro, Esq. [email protected]
  61. Plaintiffs' Supplemental Memorandum In Support of Their Motion for Summary Judgment on Counts, I, II, and III of Their First Amended Complaint, filed.
  62. Withdrawal of Sarah Turano-Flores, Esq. for Walter D. Mathews, Bette J. Mathews, Charles P. Ruopp, Marcus Ruopp Trustee of the 27 Hensons Way Realty Trust, Samuel W. Southworth, Melissa Southworth, Garret Dutton, Kelsey McEvoy, Stephen J. McEvoy, Christina McEvoy, Harriet C. Traub, Jonathan L. Rimbach, filed
  63. Orleans Conservation Trust's Supplemental Briefing In Opposition to Plaintiffs' Motion for Summary Judgment, filed.
  64. Event Resulted: Further Hearing on Plaintiffs' Motion for Summary Judgment scheduled on: 03/13/2025 10:00 AM Has been: Held via video. Attorney Valerie A. Moore appeared for plaintiffs, and Attorney Kate M. Carter appeared for defendants. Nominal defendant, the Attorney General of Massachusetts, was excused from attending the hearing. After argument, the court took plaintiffs' motion for summary judgment UNDER ADVISEMENT. Email notice to: Attorney Valerie A. Moore and Attorney Kate M. Carter. Hon. Lauren E. Reznick, Presiding
  65. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Valerie A Moore, Esq. [email protected] Defendant: Kate Moran Carter, Esq. [email protected] Defendant: Natasha K Winter, Esq. [email protected] Defendant: Abigail S LaFontan, Esq. [email protected] Defendant: Jonathan Campbell Green, Esq. [email protected] Defendant: Argiro K Shapiro, Esq. [email protected]
  66. Case taken under advisement. Judge: Reznick, Hon. Lauren E.
  67. The Motion to Substitute Trustee-Defendants filed on October 31, 2024 is ALLOWED. The Clerk is instructed to update the case docket and caption to reflect the substituted parties. Email notice to: Attorney Valerie A. Moore; Attorney Abigail S. LaFontan; Attorney Natasha K. Peck; Attorney Kate M. Carter; Attorney Jonathan C. Green; and Attorney Argiro K. Shapiro. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Valerie A Moore, Esq. [email protected] Defendant: Kate Moran Carter, Esq. [email protected] Defendant: Natasha K Peck, Esq. [email protected] Defendant: Abigail S LaFontan, Esq. [email protected] Defendant: Jonathan Campbell Green, Esq. [email protected] Defendant: Argiro K Shapiro, Esq. [email protected]
  68. Memorandum and Order Allowing Defendants' Motions to Dismiss Count IV of the First Amended Complaint, issued. (Copies emailed to Attorneys Valerie Moore, Kate Carter, Abigail LaFontan, Jonathan Green, and Argiro Shapiro) Judge: Reznick, Hon. Lauren E.
  69. Memorandum and Order Denying Plaintiffs' Motion for Summary Judgment, issued. (Copies emailed to Attorneys Valerie Moore, Kate Carter, Abigail LaFontan, Jonathan Green, and Argiro Shapiro) Judge: Reznick, Hon. Lauren E.
  70. Scheduled Judge: Reznick, Hon. Lauren E. Event: Status Conference VIA ZOOM Date: 11/20/2025 Time: 10:00 AM Email notice to: Attorney Valerie A. Moore; Attorney Abigail S. LaFontan; Attorney Natasha K. Peck; Attorney Kate M. Carter; Attorney Jonathan C. Green; and Attorney Argiro K. Shapiro.
  71. Joint Status Report (requesting a 90 day stay to explore possibility or resolution), filed.
  72. Event Resulted: Status Conference scheduled on: 11/20/2025 10:00 AM Has been: Held via video. Attorney Valerie A. Moore appeared for plaintiff and Attorney Kate Moran Carter appeared for defendant. After discussion, the court adopted the parties' proposed schedule set forth in their joint status report. The case is STAYED until February 18, 2026 to allow the parties to discuss settlement. Following the stay, all discovery is to be complete by November 18, 2026. The court ORDERED the parties to file a joint status report on or before November 25, 2026 informing the court of the status of discovery and whether any outstanding matters require the court's attention before a pre-trial conference. The court then scheduled a pre-trial conference to be held via videoconference on December 17, 2026 at 11:30 a.m. The court directed the parties to the list of court-connected mediation providers available on the court's website (https://www.mass.gov/orgs/land-court), under the "Land Court Mediation" link. If the parties wish to have a court referral to a neutral mediator, they may inform Clerk Hayes which mediation provider they have chosen. Upon selection, the court will issue an order referring the case to a free mediation screening with the chosen provider. Email notice to: Attorney Valerie A. Moore and Attorney Kate M. Carter. Hon. Lauren E. Reznick, Presiding
  73. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Valerie A Moore, Esq. [email protected] Defendant: Kate Moran Carter, Esq. [email protected] Defendant: Natasha K Peck, Esq. [email protected] Defendant: Abigail S LaFontan, Esq. [email protected]

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