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Case Information
Filed
2022-04-14
Status
Closed
Type
Ota Other
Docket
24 entries
Disposition
judgment of dismissal
Parties
Plaintiff
Yikunoamlak, Kibread
Defendant
92 George Realty Llc
Lawyers
Docket Entries
- Case Disposed by Judgment of Dismissal.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 430208 Date: 04/14/2022
- Land Court surcharge Receipt: 430208 Date: 04/14/2022
- Land Court summons Receipt: 430208 Date: 04/14/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Verified Complaint (Amended/Supplemented following 4/14/2022 Hearing),filed.
- Scheduled Judge: Speicher, Hon. Howard P. Event: Motion Date: 04/27/2022 Time: 09:30 AM
- Emergency Ex Parte Motion for Approval of Memorandum of Lis Pendens and/or the Scheduling of a Short Order of Notice with Defendant Present in Court on Friday, April 22, 2022, filed.
- Memorandum of Lis Pendens, filed.
- Additional Findings Required on Application for an Ex parte Memorandum of Lis Pendens Required by M.G.L. Chapter 184, Section 15(b), filed.
- Opposition of the Defendant- Respondent to Emergency ExParte Motion for Approval of Memorandum of Lis Pendens and/or the scheduling of a short order of notice,filed.
- Hearing on plaintiff's motion for approval of memorandum of lis pendens held by videoconference. Attorney Mitchell Starr appeared on behalf of defendant; plaintiff Kibread Yikunoamlak appeared pro se. Attorney Jonathan Messinger attended and is instructed to promptly file a notice of appearance should the plaintiff retain him in the present action. Following statements by the parties, plaintiff's motion for approval of memorandum of lis pendes is DENIED on the basis that the complaint primarily asserts a claim for damages for which a lis pendens is not an appropriate remedy, and further, the land court lacks subject matter jurisdiction over said claim absent asserting ancillary jurisdiction. To the extent the complaint loosely includes one allegation based on a claim for trespass or adverse possession, the court will retain jurisdiction over the case unless otherwise ordered. Plaintiff is encouraged to seek to amend the complaint to reflect the proper claim for relief. The defendant is instructed to file with the court a survey or plot plan that depicts the previous and current location(s) of the boundary fence in advance of the case management conference on May 25, 2022.
- Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 05/25/2022 Time: 11:45 AM
- The case has been assigned to the A Track. Notice sent.
- Defendant's Motion to Dismiss pursuant to Massachusetts Rule of Civil Procedure 12(b),filed.
- Statement of the Defendant in lieu of a Joint Statement,filed.
- Case management conference held by videoconference. Early intervention event held. Attorney Mitchell Starr appeared on behalf of defendant; plaintiff Kibread Yikumoamlak appeared pro se. Plaintiff has declined to retain counsel to represent him in the present case and represented that he wishes to continue as a pro se litigant. The plaintiff is advised that the Land Court lacks subject matter jurisdiction over claims for money damages and accordingly, that the case may be transferred to Superior Court at a later date. Attorney Starr is instructed to file with the court, an affidavit of registered land surveyor George Collins confirming his representation the current location of any fence in the vicinity of the applicable property line. Court to schedule a status conference to be held June 22, 2022 at 11:00 am.
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
- Scheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 06/22/2022 Time: 11:00 AM
- Affidavit of George Collins,filed.
- Certified Plot Plan,flled.
- Status conference held by videoconference. Attorney Mitchell Starr appeared on behalf of the defendant; plaintiff Kibread Yikunoamlak appeared pro se. Plaintiff conceded that his claim for trespass is now moot following the defendant's recent removal of a fence that was encroaching on the plaintiff's property. Plaintiff further represented that he wishes to pursue a claim for damages relative to, in part, alleged flooding of the plaintiff's basement caused by the defendant's construction activities. The defendant's renewed motion to dismiss brought on three separate grounds pursuant to Rules 12(b)(1), 12(b)(5), and 12(b)(6), Mass. R. Civ. Pro., is ALLOWED solely pursuant to Rule 12(b)(1) on the basis that the court lacks subject matter jurisdiction over the plaintiff's sole remaining claim for damages. Accordingly, court to issue an order of dismissal.
- Order of Dismissal for Lack of Subject Matter Jurisdiction, issued. (Copies emailed to Attorney Mitchell Starr and Pro Se Plaintiff Kibread Yikunoamlak) Judge: Speicher, Hon. Howard P.
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