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Case Information
Filed
2023-09-06
Status
Closed
Type
E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket
51 entries
Parties
Plaintiff
Kenney, Allison|Gikas, John
Defendant
Cintron, Joseph|Cintron, Linda Ann|Tilton, Edward A.|Accomando, Lynette A.
Lawyers
Docket Entries
- Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
- Land Court miscellaneous filing fee Receipt: 443819 Date: 09/06/2023
- Land Court surcharge Receipt: 443819 Date: 09/06/2023
- Complaint eFiled.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Sent On: 09/12/2023 16:09:29
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 10/04/2023 Time: 02:30 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Sent On: 09/12/2023 16:13:52
- Plaintiffs' Motion to Continue to Case Management Conference (on 10/04/2023 to 11/03/2023 or thereafter), filed. ALLOWED.
- Event Resulted: Case Management Conference scheduled on: 10/04/2023 02:30 PM Has been: Rescheduled Hon. Gordon H. Piper, Presiding
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 11/13/2023 Time: 11:00 AM (via videoconference) Email notice to: Attorney Christopher A. Kenney. Case Management Conference Notice and Order was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected]
- Motion to Appoint Special Process Server, filed and ALLOWED. Judge: Patterson, Deborah J.
- Summons returned to Court with service on Linda-Ann Cintron filed. Service on September 29, 2023 via in-hand / personal service.
- Summons returned to Court with service on Edward A. Tilton filed. Service on September 29, 2023 via in-hand delivery / personal service.
- Summons returned to Court with service on Lynette A. Accomando filed. Service on September 29, 2023 at last and usual place of abode.
- Appearance of Kate Moran Carter, Esq. for Allison Kenney, John Gikas, filed
- Answer and Counterclaim filed by Defendants Lynette A. Accomando, Edward A. Tilton, and Linda-Ann Cintron.
- Joint Statement (for Case Management Conference), filed.
- Event Resulted: Case Management Conference scheduled on: 11/13/2023 11:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding November 13, 2023. Case Management Conference held via videoconference. Early Intervention Event Held. Attorneys Kate Moran Carter, Esq. and Christopher Kenney, Esq. appeared for the plaintiffs. Attorney Timothy Perry, Esq. appeared for defendants Linda-Ann Cintron, Edward Tilton, and Lynette Accomando. Counsel advised that Defendant Joseph Tilton is deceased. Court instructed plaintiffs' counsel to file a suggestion of death for Joseph Tilton. The court (Piper, C.J.) informed counsel that Chief Justice Piper previously practiced law (ending in 2002) at a law firm in which also practiced certain lawyers now at Attorney Carter's firm, Dain, Torpy, Le Ray, Wiest and Garner, P.C., and also that an attorney now at the Dain, Torpy firm previously worked at the Land Court alongside Chief Justice Piper. While the court is of the view that it does not have a formal conflict of interest preventing it from overseeing this case, the court nonetheless advised counsel and the parties to confer, and thereafter promptly inform the court if any party would prefer that this case to be reassigned to another justice of the Land Court. This case concerns an alleged trespass by the defendants onto the record property of plaintiffs John Gikas and Allison Kenney ("Gikases"), located at 14 Bell Circle, Rowley, Massachusetts ("Gikas Property"). The Gikases acquired the Gikas Property by deed dated October 7, 2021, and recorded with the Essex County (South) Registry of Deeds ("Registry") on October 8, 2021 in Book 40362, Page 436. Defendants Joseph Cintron and Linda-Ann Cintron, husband and wife ("Cintrons") are the record owners of a 50% share in the property located adjacent to the Gikas Property, at 15 Bell Circle, Rowley, Massachusetts ("Cintron Property"). Defendants Edward Tilton and Lynette Accomando, husband and wife ("Tiltons"), are the record owners of the remaining 50% share in the Cintron Property. The Cintrons and Tiltons acquired the Cintron Property by deed dated March 27, 2006, and recorded with the Registry on March 27, 2006 in Book 25511, Page 354. The Gikases contend that, after having a survey of the Gikas Property completed in 2021 ("2021 Survey"), they discovered that there were multiple encroachments, including a fire pit, car, plantings, personal property, and a portion of a driveway, onto a northeastern portion of the Gikas Property from the Cintron Property ("Disputed Area"), measuring in area approximately 2,300 square feet. The Gikases further allege that defendant Edward Tilton had removed a boundary stake placed on the Gikas Property when the 2021 Survey was completed. The Gikases now seek relief declaring that they are the record owners of the entirety of the Gikas Property as shown on the 2021 Survey, declaring that the defendants have trespassed onto the Gikas Property, and requiring the defendants to permanently remove any encroachments onto the Gikas Property. The defendants maintain that they and their predecessors in interest have used the Disputed Area in a manner and duration sufficient to acquire title by adverse possession. In the alternative, the defendants claim they have acquired prescriptive easement rights in the Disputed Area. Attorney Kenney confirmed that there is a mortgage encumbering the Gikas Property. The Court instructed plaintiffs' counsel to provide written notice promptly to the mortgagee on the Gikas Property, comprising a letter and a copy of all pleadings filed to date, and to additionally file a copy of such notice with the court and serve the other parties with what is sent to the mortgagee. Counsel reported that a settlement has been proposed by the plaintiffs, and that counsel and the parties have undertaken to continue attempts to reach negotiated settlement. Court requested that the parties provide the court with a written update on any settlement progress by November 27, 2023, including whether the parties would be interested in conducting formal mediation with the assistance of a trained neutral. Court retains the right to send parties to a court-ordered mediation screening. All discovery to be completed by May 1, 2024, by agreement of counsel. At the conclusion of discovery, counsel to file detailed joint written report. In that report, counsel will set forth the discovery which has been accomplished, and advise if dispositive motions will be forthcoming, and, if so, who will file first, as to what issues, with Land Court Rule 4 to govern the content of the leading motion, which is to be filed by June 1, 2024, and the content and filing dates for any ensuing dispositive motion filings. If neither party intends to file a dispositive motion, in their joint written report, counsel are to request the court schedule a pretrial conference. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically via the Tyler eFile system. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Sent On: 11/14/2023 13:34:23
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Piper, Hon. Gordon H.
- Letter to Attorney Fenn, filed.
- Joint Status Update, filed.
- Notice of Docket Entry: November 28, 2023. Joint Status Report filed and reviewed. Parties to file a further status report on or before December 15, 2023. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Sent On: 11/28/2023 11:18:14
- Plaintiffs Allison Kenney and John Gikas' Answer to the Defendants' Counterclaim, filed.
- Joint Status Report, filed.
- Notice of Docket Entry: December 21, 2023. The court is in receipt of the joint status report eFiled on December 15, 2023. Upon review of the report, the court will await the parties' further status report, to be filed on or before January 22, 2024. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Sent On: 12/21/2023 13:59:42
- Joint Status Update, filed.
- Joint Status Update, filed.
- Notice of Docket Entry: February 23, 2024. The court is in receipt of the joint status report eFiled on February 23, 2024, in which counsel advise that the parties "have arrived at the terms of a potential settlement agreement involving a land swap between them ," and state that they are conferring with officials to obtain approvals, and are "in the process of engaging an engineering company to draft schematics ." Upon review of the report, the court will await the parties' further status report, to be filed on or before March 22, 2024. If that report does not show meaningful progress, laid out in concrete terms, on the consummation of the land swap on which the parties are basing their intended resolution, the court will expect the parties to provide a proposed revised schedule for the resumption of the litigation of this matter, which suggested milestones for the court to adopt. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Sent On: 02/23/2024 16:18:53
- Joint Motion for Stay, filed.
- Joint Status Update, filed.
- Notice of Docket Entry: March 25, 2024. Upon review of the joint status update, filed March 22, 2024, the court concludes that, while the parties appear earnestly in pursuit of their agreed resolution of this matter, there remain several open items, involving municipal (and other third party) actions and approvals, as well as other details of the arrangement between the parties themselves, that remain far from being resolved. Accordingly, the court is concerned that the reported settlement, though in good faith still actively and genuinely being moved forward by the parties, may not be consummated without months of additional time passing. The court will await receipt of an additional detailed report to be filed by the end of April of 2024. If that report does not convince the court that the matter will be fully resolved by the end of June, 2024, the parties should anticipate that the court will ask the parties either to resume active preparation of this case to ready it for the court to decide, or to dismiss the case, without prejudice to refiling it. In either alternative, the parties would remain free to pursue a final consensual resolution, which the court continues to encourage. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Defendant: Edward A. Tilton No addresses available Sent On: 03/27/2024 09:02:26
- Joint Status Update - April 30, 2024, filed.
- Notice of Docket Entry: May 17, 2024. The court has received communication from counsel, advising that all parties now have signed a settlement agreement, and that an initial meeting with an engineering firm is scheduled for the first week of June to "develop the plan" to be used as part of a land swap in settlement of this dispute. That report, while reassuring the court that the parties continue to pursue implementation of an agreed settlement, does not convince the court that the settlement will be put in place (and this case dismissed) during June or soon thereafter. The court will dismiss this action on or after July 19, 2024 if the parties have not earlier stipulated to dismissal or secured an order of the court extending that date for extraordinary good cause shown. Any such dismissal will be without prejudice, and the parties are free to enter into a tolling or other agreement to preserve their rights should litigation need to be recommenced after dismissal by the court. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected]
- Joint Motion to Extend, filed.
- Notice of Docket Entry: July 16, 2024. Before the court is the joint motion to extend, dated and filed July 16, 2024. Counsel confirm their report of the execution of a settlement agreement, the terms of which include each party exchanging a portion of their respective property with the other. The motion also relates efforts to have the requisite engineering work move forward, obstacles the parties have encountered with that effort, and the work remaining to complete the engineering design and plans needed for the land swap. The parties ask that the time previously set by the court for this action to be dismissed (extended several times already by the court) be further extended, this time to the last week of September, 2024. The latest report, while reassuring the court that the parties continue to pursue implementation of an agreed settlement, does not convince the court that the settlement will be put in place (and this case dismissed) promptly. It appears that, upon completion of the final plans, approvals from lender(s) will be required; the motion is less clear whether or not municipal land use approvals also remain contemplated. Given the circumstances recounted in the motion, the court will allow the motion in part, and now will dismiss this action on or after September 27, 2024 if the parties have not earlier stipulated to dismissal or secured an order of the court extending that date for extraordinary good cause shown. Any such dismissal will be without prejudice, and the parties are free to enter into a tolling or other agreement to preserve their rights should litigation need to be recommenced after dismissal by the court. If a stipulation of dismissal has not been filed by Monday, September 23, 2024, counsel are to appear at the court in Boston on Wednesday, September 25, 2024 at 11:15 am, for a hearing to show cause why this case should not be dismissed. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Sent On: 07/16/2024 12:54:38
- Plaintiffs Allison Kenney and John Gikases' Motion to Enforce Their Settlement Agreement Against Defendants Linda-Ann Cintron, Edward Tilton, and Lynette Accomando, filed.
- Plaintiffs Allison Kenney and John Gikas' Motion to Enforce Settlement Agreement Against Defendants Linda-Ann Cintron, Edward Tilton, and Lynette Accomando (Memorandum of Law), filed.
- Affidavit of Christopher A. Kenney in support of Plaintiffs' Motion to Enforce Settlement Agreement with Defendants, filed.
- Scheduled Judge: Piper, Hon. Gordon H. Event: Initial Hearing on Plaintiffs' Motion to Enforce Settlement Agreement Date: 09/25/2024 Time: 11:15 AM (in-person) Notice of Event was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Sent On: 09/10/2024 14:16:22 Email notice to counsel on 9/10/2024.
- Opposition to Plaintiffs' Motion to Enforce Their Settlement Agreement and Cross-Motion to Enforce Settlement Agreement, filed.
- Plaintiffs' Opposition to "Defendants' Cross-Motion to Enforce Settlement Agreement", filed.
- Events Resulted: Initial Hearing on Plaintiffs' Motion to Enforce Settlement Agreement and Hearing to Show Cause Why this Action Should Not be Dismissed 09/25/2024 11:15 AM Has been: Held in person Hon. Gordon H. Piper, Presiding September 25, 2024. Hearing held on plaintiffs' Motion to Enforce Settlement Agreement. Attorneys Christopher Kenny and Kate Carter appeared for the plaintiffs. Attorney Timothy Perry appeared for defendants Lynette Accomando, Edward Tilton, and Linda-Ann Cintron. This case concerns an alleged trespass by the defendants onto the record property of plaintiffs John Gikas and Allison Kenney ("Gikases"), located at 14 Bell Circle, Rowley, Massachusetts ("Gikas Property"). By status update filed April 30, 2024, the parties informed the court that they had signed a settlement agreement ("Settlement Agreement") resolving the issues in this case. By further report filed July 16, 2024, the parties confirmed that they had executed the Settlement Agreement, which contemplated, in part, the exchange between the parties of a portion of their respective properties. However, the parties also sought an extension of the time permitted to consummate the settlement fully, including by obtaining approval from lenders and completing certain engineering work. The court set a deadline of September 27, 2024 by which it would dismiss the case, absent the filing of a joint stipulation of dismissal by the parties. The pending motion was filed by the plaintiffs on August 30, 2024, to enforce the Settlement Agreement against the defendants. Plaintiffs claim in their motion and supporting memorandum that the defendants have failed to give approval to certain plans developed as part of the Settlement Agreement terms, and have stalled effectuation of the Settlement Agreement. The defendants contend that the proposed plan does not account for changes at the subject properties, as it must to reflect the on-the-ground configuration of the septic systems on the parties' properties. Nevertheless, counsel confirmed that the parties remain willing and committed to continue negotiating to resolve the remaining open items and conclude their settlement, with the professional assistance of the engineering firm that has been assisting the parties. The parties also are prepared, if their good faith efforts do not achieve full resolution, to attempt to do that with the assistance of a mediator. Counsel and the parties agreed to continue good faith efforts to effectuate their settlement agreement in that manner. Parties to file joint written report with the court by November 30, 2024, indicating whether the parties have successfully and completely carried out the terms of their Settlement Agreement, with whatever revisions may be accomplished through renewed negotiation between the parties. The parties alternatively in that report are to inform the court that they have engaged a trained neutral to assist them in negotiating a renewed settlement, including the identity of the trained neutral and the time and place set for the mediation. Court will defer acting on the plaintiffs' pending Motion for Enforcement of Settlement Agreement, subject to the renewal of said motion, if necessary, at a later date. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Sent On: 10/01/2024 10:56:07 Email notice to counsel on 10/1/2024.
- Joint Status Update, filed.
- Notice of Docket Entry: December 2, 2024. The court has reviewed the joint status update filed December 2, 2024. The parties are to proceed with all possible diligence and in earnest good faith to consummate fully the settlement again reported to the court in this latest filing, and to stipulate to the dismissal of this action not later than February 14, 2025. Absent further order of this court, this action will be dismissed in its entirety on or after February 15, 2025. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Timothy J Perry, Esq. [email protected] Sent On: 12/02/2024 12:51:36 Email notice to counsel on 12/2/2024.
- Withdrawal of Timothy J Perry, Esq. for Linda-Ann Cintron, Edward A. Tilton, Lynette A. Accomando, filed
- Appearance of Jordan L Shapiro, Esq. for Joseph Cintron, Linda-Ann Cintron, Edward A. Tilton, Lynette A. Accomando, filed
- Expedited Motion to Stay Dismissal (In Camera Review Only is Requested (Assented to)), filed.
- February 13, 2025. The defendants' expedited motion to stay dismissal, filed with a request for in camera review, and assented to by the plaintiffs, is ALLOWED IN PART and otherwise DENIED. To the extent the defendants request that the court consider their motion in camera, or otherwise keep their motion and its substance sealed, restricted, or otherwise unavailable for public access and view, that request is denied, there being no proper basis and no appropriate showing that would justify granting such a request. To accommodate the parties' professed intention to address the title encumbrance issue which they advise the court has just been uncovered, the court will allow in part the request to extend yet again the date by which the court will dismiss this action. The parties are to proceed with all possible diligence and in earnest good faith to address the just discovered title issue, to consummate fully their reported settlement, and to stipulate to the dismissal of this action not later than March 26, 2025. Absent further order of this court, this action will be dismissed in its entirety on or after March 31, 2025. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 (Notice also sent via Email) Sent On: 02/13/2025 10:57:13
- Motion to Reconsider (Assented to), filed.
- February 20, 2025. The defendants' motion to reconsider, filed February 19, 2025, and assented to by the plaintiffs, is DENIED. No new facts, circumstances, or arguments are advanced in the motion to reconsider which would cause this court to alter its February 13, 2025 ruling on the defendants' expedited motion to stay dismissal. Contrary to the tenor of the motion to reconsider, the court well understands that the defendants in their initial motion to stay requested this court to extend the time for consummation of the parties' settlement to a date which falls after the time the defendants' judgment creditor's lien would have expired if not brought forward in the Registry. To the extent the defendants are seeking to have this court collaborate with defendants in an effort to free their land of an outstanding and unsatisfied lien currently encumbering the defendants' title, it is utterly inappropriate for the defendants to make such a request and the court cannot do what is asked. This is especially so where the lien in question results from a judgment for monetary damages issued by a court of the Commonwealth, the Essex Division of the Superior Court Department. There is no showing that this judgment and the execution issued on it are invalid, that the judgment debt has been satisfied, or that the recorded lien otherwise is legally entitled to be released. Indeed, there is no satisfying explanation offered as to why, as they assert, the defendants had until recently no awareness of the levy of the execution of the Superior Court. To accommodate the parties' professed intention to address the title encumbrance issue which they advised the court had only recently been uncovered, the court is allowing the parties a brief extension of the date by which the court will dismiss this action. As previously ordered, the parties are to proceed with all possible diligence and in earnest good faith to address the recently-discovered title issue, to consummate fully their reported settlement, and to stipulate to the dismissal of this action not later than March 26, 2025. Absent further order of this court, this action will be dismissed in its entirety on or after March 31, 2025. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Kenney, Esq. [email protected] Plaintiff: Kate Moran Carter, Esq. [email protected] Defendant: Jordan L Shapiro, Esq. Shapiro Legal Group, PLLC 105 Salem St PO Box 392, Malden, MA 02148 Sent On: 02/20/2025 12:29:51
- Stipulation of Dismissal with Prejudice, filed.
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