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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-01
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 43 entries

Parties

Plaintiff Eldredge White, Deborah|G. Gregory White
Defendant Belzer, Robert B.

Lawyers

Docket Entries

  1. Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 437982 Date: 02/01/2023
  4. Land Court surcharge Receipt: 437982 Date: 02/01/2023
  5. Land Court summons Receipt: 437982 Date: 02/01/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the F Track. Notice sent.
  8. The Court has reviewed the DEWRT Trustees' complaint for partition. The Court ORDERS the parties to appear for a telephonic case-management conference on March 1, 2023, at 10:00 AM. A separate notice of case-management conference will issue. The Court ORDERS the DEWRT Trustees to serve the defendant trustee of the Belzer Trust promptly with a copy of this order and the conference notice. The Court ORDERS the parties to include in their joint conference memorandum a discussion of (a) whether the parties' property has a mortgage (and if so, which of the parties makes payments on that mortgage, whether the parties agree to have that payment arrangement continue while this case is pending, and whether the mortgage is in good standing); (b) whether the property is insured (and if so, which of the parties makes the premium payments, whether the parties agree to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (c) whether anyone is paying the property's real-estate taxes, whether those taxes are paid to date, and whether both parties agree to have any existing payment arrangements continue while this case is pending: (d) whether any of the parties occupies the property; and (e) whether the property has any third-party tenants (and if so, which of the parties collects rents, which of the parties pays any expenses of the tenancy, and whether the parties agree to have those arrangements continue while this case is pending). The Court further ORDERS the DEWRT Trustees to file with the Sessions Clerk, by February 22, 2023, (a) an as-recorded copy of the notice described in G.L. c. 241, sec. 7; and (b) a certificate of compliance with the fourth sentence of this order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen Williams Rider, Esq. [email protected] Sent On: 02/08/2023 08:42:42
  9. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 03/01/2023 Time: 10:00 AM
  10. Certificate of Compliance, filed.
  11. Notice of Filing of Petition for Partition Pursuant to Mass. Gen. Laws CH.241 7 (Book 14610 Page 126-127), filed.
  12. Joint Statement for Case Management Conference, filed.
  13. Appearance of Charles J Domestico, Esq., Vincent Domestico, Esq. for Robert B. Belzer Trustee of the David R. Belzer Trust, filed
  14. Answer and Counterclaim, filed.
  15. Event Resulted: Case Management Conference scheduled on: 03/01/2023 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  16. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  17. Telephonic case management conference and initial intervention event held. The parties appeared through counsel. Petitioners Deborah Eldredge-White and G. Gregory White, as Trustees of the Deborah Eldredge-White Revocable Trust, seek partition by sale of a commercial property located at 360-362 S. Front Street in New Bedford, which they claim to own as joint tenants with respondent Robert B. Belzer, as trustee of the David R. Belzer Trust. Trustee Belzer contests the partition action. The parties report that Ocean Cliff Corporation uses the property as its principal place of business and pays the property's taxes and insurance; the parties have separate, pending litigation concerning Ocean Cliff's business operations. After hearing from the parties, the Court ORDERS the parties to promptly notify the Court should they become aware that Ocean Cliff has stopped paying either the property's taxes or its and insurance. The Court further ORDERS the parties to submit by March 31, 2023, a joint report stating that the parties either (1) are continuing to discuss settlement or (2) believe that settlement is unlikely without further litigation. The Court otherwise STAYS this action. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen Williams Rider, Esq. [email protected] Defendant: Charles J Domestico, Esq. [email protected] Defendant: Vincent Domestico, Esq. [email protected] Sent On: 03/01/2023 11:32:08
  18. Joint Report on Settlement, filed.
  19. The Court has reviewed the parties' joint report. The Court LIFTS the stay in this case. The Court ORDERS Trustee Eldredge-White to file by April 7, 2023, an answer to Trustee Belzer's counterclaim. The Court ORDERS the parties to complete all discovery in this case, fact and expert (including all issues pertaining to disposition of the proceeds of the property, reimbursable expenses, and reimbursable capital improvements) by October 27, 2023. Notwithstanding the foregoing discovery deadline, the Court ORDERS Trustee Belzer to file by May 3, 2023, a motion for summary judgment on (a) his counterclaim and (b) any claim that the Land Court lacks subject-matter jurisdiction to partition the property. The Court ADVISES the parties that the Court expects the parties to comply with Land Court Rule 4 in connection with the foregoing motion and any opposition to it. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen Williams Rider, Esq. [email protected] Defendant: Charles J Domestico, Esq. [email protected] Defendant: Vincent Domestico, Esq. [email protected] Sent On: 04/03/2023 08:39:16
  20. Plaintiffs' Reply to Counterclaim, filed.
  21. Plaintiffs' First Amended Reply. Affirmative Defenses and Counterclaim, filed.
  22. Assented-To Motion to Extend Deadline for Respondent to file Motion for Summary Judgment (up through and including May 23, 2023), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  23. Joint Motion for Clarification and Request for Status Conference, filed.
  24. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 05/22/2023 Time: 12:30 PM
  25. Event Resulted: Status Conference scheduled on: 05/22/2023 12:30 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  26. Telephonic status conference held. All parties appeared through counsel. After hearing from the parties, the Court ORDERS the parties to complete all discovery, fact and expert, regarding any issues concerning the purported termination of the Ocean Realty Trust by July 21, 2023. The Court VACATES its April 3, 2023 order for Trustee Belzer to file a motion for summary judgement. The Court ORDERS the parties to appear for a telephonic status conference on July 28, 2023, at 10:00 AM. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen Williams Rider, Esq. [email protected] Defendant: Charles J Domestico, Esq. [email protected] Defendant: Vincent Domestico, Esq. [email protected] Sent On: 05/22/2023 14:25:24
  27. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 07/28/2023 Time: 10:00 AM
  28. Joint Motion to Extend Tracking Schedule Deadlines (for 60 days), filed.
  29. The Court has received, and GRANTS, the parties' joint motion to extend the discovery schedule in this case. The Court ADVISES the parties that the Court's May 23, 2023, order setting a discovery deadline of July 21, 2023, pertained only to discovery surrounding the alleged termination of the Ocean Realty Trust. The Court EXTENDS that deadline to September 22, 2023. By order dated April 3, 2023, the Court ordered the parties to complete discovery on all other issues in this case by October 27, 2023. Today's order does not affect that deadline. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen Williams Rider, Esq. [email protected] Defendant: Charles J Domestico, Esq. [email protected] Defendant: Vincent Domestico, Esq. [email protected] Sent On: 07/14/2023 10:36:37
  30. Event Resulted: Status Conference scheduled on: 07/28/2023 10:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  31. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 09/25/2023 Time: 10:00 AM
  32. Joint Motion to Stay Action, filed.
  33. The Court has received the parties' Joint Motion to Stay Action. The Court GRANTS the motion in part. The Court STAYS this case. The Court CANCELS the September 25, 2023, status conference in this matter. The Court ORDERS the parties to file by November 6, 2023, and every 30 days thereafter, a joint report on their settlement or other resolution efforts. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen Williams Rider, Esq. [email protected] Defendant: Charles J Domestico, Esq. [email protected] Defendant: Vincent Domestico, Esq. [email protected] Sent On: 09/22/2023 12:46:05
  34. Event Resulted: Status Conference scheduled on: 09/25/2023 10:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  35. Joint Status Report (Parties to Report to the Court on the Progress of the sale of the property in Thirty (30) Days, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  36. Joint Status Report (Parties to Report to the Court on the Progress of the sale of the property in Thirty (30) Days, filed.
  37. Joint Status Report, filed.
  38. Joint Status Report, filed.
  39. Joint Status Report, filed.
  40. Joint Status Report, filed.
  41. Joint Status Report, filed.
  42. The Court has reviewed the parties' latest status report. The Court ORDERS the parties to provide a further status report by July 8, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen Williams Rider, Esq. [email protected] Defendant: Charles J Domestico, Esq. [email protected] Defendant: Vincent Domestico, Esq. [email protected] Sent On: 05/16/2024 14:52:27
  43. Stipulation of Dismissal, filed.

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