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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-02-03
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 55 entries
Disposition judgment

Parties

Plaintiff Neiderer, Curtis|Newman, Sarah
Defendant Di Cicco, Andrea

Lawyers

Docket Entries

  1. Event Resulted: Motion scheduled on: 06/10/2025 10:30 AM Has been: Canceled For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 428206 Date: 02/03/2022
  4. Land Court surcharge Receipt: 428206 Date: 02/03/2022
  5. Land Court summons Receipt: 428206 Date: 02/03/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Summons returned to Court with service on Andrea DiCicco filed. Left at last and usual place of abode on February 11, 2022.
  8. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Ira H Grolman, Esq. [email protected] Plaintiff: Frank Trumbull Earle, III, Esq. [email protected] Plaintiff: Ira H Grolman, Esq. [email protected] Plaintiff: Frank Trumbull Earle, III, Esq. [email protected] Defendant: Andrea DiCicco No addresses available null: File Copy Sent On: 02/24/2022 14:07:24
  9. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 04/12/2022 Time: 10:30 AM
  10. Request for Default pursuant to Mass. R.Civ.P.55(a) on Plaintiff , filed.
  11. Joint Case Management Conference Statement, filed.
  12. Event Resulted: Case Management Conference scheduled on: 04/12/2022 10:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding April 12, 2022. Case management conference held by videoconference. Attorney Ira H. Grolman appeared for the plaintiffs, and Attorney Sean LaPorta appeared for the defendant. The plaintiffs have brought this action pursuant to G.L. c. 185, 1(o), alleging that defendant's wooden stockade fence constitutes an intentional trespass onto their property located in Billerica. Plaintiffs commissioned a survey in 2021 which they claim establishes that the defendant's fence encroaches over their property line. Counsel for the defendant represented that additional survey work is required to determine whether the plaintiffs' survey is accurate. Following colloquy, the court ordered that the defendant's obligation to file an answer is stayed until June 17, 2022 with the expectation that the defendant will use the time to take steps to verify the accuracy of the plaintiffs' survey which may include retaining her own surveyor to complete an alternative plan. The court ordered that, notwithstanding the stay on the defendant's obligation to file an answer, the plaintiffs may propound discovery if they choose. All discovery, fact and expert, must be completed by October 17, 2022. The court will schedule a further status conference following the close of the discovery period. (Smith, J.).
  13. Assented to Motion to Further Extend Time to File Responsive Pleading to Complaint, filed and ALLOWED (Smith, J.)(by email). Judge: Smith, Hon. Kevin T.
  14. Answer of Andrea DiCicco filed.
  15. Defendants Motion to Extend Discovery Deadline, filed (by email).
  16. Plaintiffs' Opposition to Defendant's Motion to Continue Tracking Order Deadlines, filed (by email).
  17. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 10/14/2022 Time: 02:30 PM
  18. Event Resulted: Hearing scheduled on: 10/14/2022 02:30 PM Has been: Held via video Hon. Kevin T. Smith, Presiding October 14, 2022. Hearing on defendant's Motion to Extend Discovery Deadline held via videoconference. Attorney Ira H. Grolman appeared for the plaintiffs. Attorney Sean S. LaPorta appeared for the defendant. In this trespass action pursuant to G. L. c. 185, 1(o), the court had previously set the discovery deadline of October 17, 2022. Defendant filed a Motion to Extend Discovery Deadline. Defendant informed the court that certain paper discovery has been propounded and other internal investigation has been pursued. Defendant requested an additional 120 days to complete discovery including depositions. Plaintiffs opposed the motion on the grounds that there has been ample time for discovery and that the Defendant has not engaged in any meaningful discovery to date. Following argument, the court granted defendant's request to extend discovery until January 27, 2023. The court scheduled a status conference for January 31, 2023 at 9:30a.m., at which time the parties will discuss whether to set a briefing schedule for dispositive motions or set a date for trial, if appropriate. There will be no more extensions of the discovery deadline.
  19. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 01/31/2023 Time: 09:30 AM
  20. Event Resulted: Status Conference scheduled on: 01/31/2023 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding January 31, 2023. Status conference held via videoconference. Attorney Ira Grolman appeared for the plaintiff. Attorney Sean LaPorta appeared for the defendant. The parties reported the case settled in principle; the parties will be reducing the settlement agreement to writing in the coming weeks. The attorneys indicated that the settlement agreement will require input from the local zoning board and other possible reasons for delay that prevent the attorneys from providing the court with a timeline for settlement. Following discussion, the court declined to issue a Nisi order and instead scheduled a status conference for April 3, 2023 at 2pm, to take place only if the parties have not yet reported the matter settled. If the parties report the case settled before that date, they should request a Nisi order from the court. (Smith, J.).
  21. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/03/2023 Time: 02:00 PM
  22. Joint Motion for Continuance of Status Conference, filed (by email).
  23. Joint Motion for Continuance of Status Conference, ALLOWED (Smith, J.).
  24. Event Resulted: Status Conference scheduled on: 04/03/2023 02:00 PM Has been: Continued Hon. Kevin T. Smith, Presiding
  25. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 06/30/2023 Time: 11:00 AM
  26. Joint Motion for Continuance of Status Conference, filed.
  27. Notice of Docket Entry: Joint Motion for Continuance of Status Conference ALLOWED (Smith, J.). Notice of Docket Entry was generated and sent to: Plaintiff: Ira H Grolman, Esq. [email protected] Plaintiff: Frank Trumbull Earle, III, Esq. [email protected] Defendant: Sean Steven LaPorta, Esq. [email protected] Sent On: 06/29/2023 10:28:49
  28. Event Resulted: Status Conference scheduled on: 06/30/2023 11:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  29. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 10/02/2023 Time: 09:00 AM
  30. Notice of Docket Entry: Joint Motion for Continuance of Status Conference ALLOWED (Smith, J.). and Notice of Status Conference was sent to Neal B. Glick, Esq. via email.
  31. Joint Motion to Continue Status Conference (March 5, 2024), filed and Allowed.
  32. Event Resulted: Status Conference scheduled on: 10/02/2023 09:00 AM Has been: Rescheduled For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  33. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 03/05/2024 Time: 09:00 AM
  34. Assented to Motion to Continue Status Conference, filed.
  35. Notice of Docket Entry: Assented Motion to Continue Status Conference ALLOWED (Smith, J.) Notice of Docket Entry was generated and sent to: Plaintiff: Ira H Grolman, Esq. [email protected] Plaintiff: Frank Trumbull Earle, III, Esq. [email protected] Defendant: Neal B Glick, Esq. [email protected] Defendant: Sean Steven LaPorta, Esq. [email protected] Sent On: 03/01/2024 16:16:02
  36. Event Resulted: Status Conference scheduled on: 03/05/2024 09:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Kevin T. Smith, Presiding
  37. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/04/2024 Time: 09:00 AM
  38. Withdrawal of Sean Steven LaPorta, Esq. for Andrea DiCicco, filed
  39. Event Resulted: Status Conference scheduled on: 04/04/2024 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding April 4, 2024. Status conference held via videoconference. Attorney Ira Grolman appeared for the plaintiffs. No other party appeared. The court asked for an update on efforts to finalize the reported settlement. Attorney Grolman stated that the parties still intend to settle, but they had been having difficulty finding and retaining a surveyor willing to provide services on the limited basis that they seek. The court then asked whether any municipal approvals would be required to finalize the plan. Attorney Grolman stated that his understanding is that planning board would endorse the approval not required plan. Following discussion, the court scheduled a status conference on July 8, 2024, at 9:00 a.m., to be held only if the parties have not finalized a settlement and filed a stipulation of dismissal. (Smith, J.).
  40. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ira H Grolman, Esq. [email protected] Plaintiff: Frank Trumbull Earle, III, Esq. [email protected] Defendant: Neal B Glick, Esq. [email protected] Defendant: Sean Steven LaPorta, Esq. [email protected] Sent On: 04/05/2024 14:24:56
  41. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 07/08/2024 Time: 09:00 AM
  42. Event Resulted: Status Conference scheduled on: 07/08/2024 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding July 8, 2024. Status conference held via videoconference. Attorney Ira Grolman appeared for the plaintiffs. Attorney Neal Glick appeared for the defendant. The court asked for an update on reported settlement efforts. Attorney Grolman reported that the issues finalizing the settlement have continued despite counsels' best efforts and requested that the court issue a 90-day nisi order to allow more time for the parties to resolve these issues. Attorney Glick generally agreed but stated that more than ninety days may be necessary to allow for survey work to be completed. Following discussion, the court scheduled a status conference on October 8, 2024, to be held only if the parties have not finalized a settlement. At the status conference, the court will either set a briefing schedule for summary judgment motions or schedule a trial. (Smith, J.).
  43. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ira H Grolman, Esq. [email protected] Plaintiff: Frank Trumbull Earle, III, Esq. [email protected] Defendant: Neal B Glick, Esq. [email protected] Sent On: 07/08/2024 15:57:47
  44. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 10/08/2024 Time: 09:00 AM
  45. Joint Motion to Approve Agreement and Enter Judgment, filed.
  46. Joint Motion to Approve Agreement and Enter Judgment, ALLOWED. Judge: Smith, Hon. Kevin T.
  47. Agreement and Order for Judgment, issued. ANY BREACH OF, OR FAILURE TO PERFORM UNDER THIS AGREEMENT AND ORDER FOR JUDGMENT HEREBY APPROVED, OR ANY UNDERTAKING, DOCUMENT, OR CONVEYANCE EXECUTED, ENTERED INTO, OR MADE PURSUANT TO THIS AGREEMENT AND ORDER FOR JUDGMENT HEREBY APPROVED, SHALL NOT CONSTITUTE A CONTEMPT OF THIS COURT; AND ANY LITIGATION CONCERNING OR ARISING UNDER ANY SUCH AGREEMENT, UNDERTAKING, DOCUMENT, OR CONVEYANCE MAY BE BROUGHT IN, AND DETERMINED BY, ANY COURT OF COMPETENT JURISDICTION. (Copies emailed to Attorneys Ira Grolman, Frank Earle, and Neal Glick) Judge: Smith, Hon. Kevin T.
  48. Agreement for Judgment approved by the Court.
  49. (Corrected) Agreement and Order for Judgment, filed.
  50. CORRECTED Agreement and Order for Judgment, issued. [Exhibit has been appended] ANY BREACH OF, OR FAILURE TO PERFORM UNDER THIS AGREEMENT AND ORDER FOR JUDGMENT HEREBY APPROVED, OR ANY UNDERTAKING, DOCUMENT, OR CONVEYANCE EXECUTED, ENTERED INTO, OR MADE PURSUANT TO THIS AGREEMENT AND ORDER FOR JUDGMENT HEREBY APPROVED, SHALL NOT CONSTITUTE A CONTEMPT OF THIS COURT; AND ANY LITIGATION CONCERNING OR ARISING UNDER ANY SUCH AGREEMENT, UNDERTAKING, DOCUMENT, OR CONVEYANCE MAY BE BROUGHT IN, AND DETERMINED BY, ANY COURT OF COMPETENT JURISDICTION. (Copies emailed to Attorneys Ira Grolman, Frank Earle, and Neal Glick) Judge: Smith, Hon. Kevin T.
  51. Event Resulted: Status Conference scheduled on: 10/08/2024 09:00 AM Has been: Canceled For the following reason: Case Closed Hon. Kevin T. Smith, Presiding
  52. Plaintiffs' Motion to Reopen Case, Enforce Judgment, and Appoint Special Master, filed.
  53. Scheduled Judge: Smith, Hon. Kevin T. Event: Plaintiffs' Motion to Reopen Case, Enforce Judgment, and Appoint Special Master Date: 06/10/2025 Time: 10:30 AM To be held: via video conference
  54. Plaintiffs' Notice of Withdrawal of Motion and Request to Cancel Hearing, filed.
  55. June 2, 2025. Plaintiffs' Notice of Withdrawal of Motion and Request to Cancel Hearing, GRANTED. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Ira H Grolman, Esq. [email protected] Plaintiff: Frank Trumbull Earle, III, Esq. [email protected] Defendant: Neal B Glick, Esq. [email protected] Sent On: 06/02/2025 13:49:16

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