Winchester v. Stover

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STATE OF MAINE KENNEBEC, ss. SUPERIOR COURT CIVIL ACTION DOCKET NO. RE-06r~. .'. ( 1~1 'I '---~,_, / i ,"" " - ijr/j f'" C.,· ..~. I i / " ~/ (q(; ' "''' PEGGY and WALTER WINCHESTER, Plaintiffs DECISION AND ORDERS v. GARDNER STOVER, Defendant Pursuant to scheduling order dated July 2, 2007, the bench trial was completed and decision issued December 18, 2007, declaring the location of the right-of-way in question. The matter is now in order for trial on all causes of action sounding in tort. In order to facilitate this matter proceeding in an orderly fashion to trial, this court will rule on the various preliminary motions. However, given the uncertainty of scheduling of jury matters presided by an active retired justice, this court concludes no reasonable basis for requiring that it be the trial justice on the jury trial and, therefore, will direct the clerk to assign this matter to a single justice for completion of the proceedings. 1 The plaintiffs' motion for preliminary injunction prohibiting the defendant from interfering with the plaintiffs' use of their right-of-way and the defendant's motion for entry of final judgment or, in the alternative, for stay of the court's order of recording of the survey plan are related to the extent that they both address the potential for further tortious conduct awaiting final judgment from the jury issues. Accordingly, it is hereby ORDERED: Plaintiffs' motion for preliminary injunction is GRANTED. 1 The undersigned court retired as an active justice of the Maine Superior Court on December 31, 2007. He was subsequently appointed and took the oath of office as an active retired justice of the Superior Court on March 3, 2008. Unfortunately, this has resulted in delays in rulings on many matters which this decision is designed to resolve. 2 (1) Until such time as final judgment is issued in this matter, all persons living on Divided Lane may use the portion of the destroyed roadway that defendant has prohibited them from using; (2) the usage of this road will not be a trespass; (3) costs and expenses of maintenance of the roadway during the period of this preliminary injunction are to be shared, and an account of expenses is to be provided to the court for order of allocation in the event agreement cannot be reached by the parties by their own resources; (4) no requirement of security is ordered; and (5) this preliminary injunction shall remain in full force and effect until final judgment in this docket number. Defendant's motion for entry of final judgment on decision of December 18, 2007, is DENIED. Defendant's motion in the alternative for stay of the court's order of that date is GRANTED. Parties are advised that any activity contrary to this court's order during the pendency of these proceedings, including appeal to the Law Court, if any, are at their risk. Defendant's motion to dissolve ex parte attachment filed August 2, 2007, is DENIED. Defendant's motion to amend counterclaim is DENIED. The motion was brought after the bench trial on the location of the right-of-way. The evidence establishing that location is so abundantly clear that any reasonable person making a reasonable attempt to determine its location would have refrained from expending large sums of money and considerable effort to interfere with and make major modifications to the gravel road. While this decision denies the ability of the defendant to obtain a money judgment for unjust enrichment, it should not be interpreted as a 3 ruling preventing the defendant from seeking mitigation of damages based upon whatever reasonable theories he may present as to his reasons for the expenditure of sums and undertaking of effort. Defendant's motion for late designation of experts by defendant is GRANTED without determination as to qualifications of any expert and otherwise entitlement of the defendant to call such witness at trial; this decision reserved to the trial justice. Plaintiffs' objection to and motion to strike defendant's motion for late designation of expert is DENIED. Defendant's motion for new trial is DENIED. Defendant is concerned that by its decision of December 18, 2007, the court found and therefore established as law of the case the defendant's trespass and damage. The full sentence of which defendant is concerned reads: "By the use of computer-assisted plans of survey, it is clear that the defendant has damaged plaintiffs' rights to the right-of-way and where he has not done damage to the roadway itself, he has constructed obstacles and a ditch within the right of-way, a right to which he is not entitled." Defendant is absolutely correct that he is entitled to a jury consideration of the issues presented in that statement. For that reason, the court specifically disavows those conclusions to the extent they comprise findings of fact but may consider this statement only an observation in support of the computer-assisted plan of survey. This court affirms that its scheduling order of July 2, 2007, to which there will be a "trial on all causes of action sounding in tort" is not to be affected by this statement. The court has determined the boundaries of the right-of-way in question between the parties by its bench trial and decision. As such, the decision becomes the law of the case to provide the basis for a jury trial on the underlying claims of tort for 4 damages. Inasmuch as this places this case for appropriate day-to-day management by a single justice, it is hereby ORDERED: The clerk shall place this case in the regular order for assignment to a single justice and placement on the civil jury trial list. Dated: #~ ; ~/ Donald H. Marden Active Retired Justice, Superior Court WALTER WINCHESTER - PLAINTIFF 52 DIVIDED LANE AUGUSTA ME 04330 Attorney for: WALTER WINCHESTER JUDITH A PLANO - RETAINED 05/17/2006 PINE TREE LEGAL ASSISTANCE PO BOX 2429 39 GREEN STREET AUGUSTA ME 04338-2429 SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-RE-2006-00033 DOCKET RECORD PEGGY WINCHESTER - PLAINTIFF 52 DIVIDED LANE AUGUSTA ME 04330 Attorney for: PEGGY WINCHESTER JUDITH A PLANO - RETAINED 05/17/2006 PINE TREE LEGAL ASSISTANCE PO BOX 2429 39 GREEN STREET AUGUSTA ME 04338-2429 vs GARDNER STOVER - DEFENDANT 51 DIVIDED LANE AUGUSTA ME 04330 Attorney for: GARDNER STOVER ANDREWS B CAMPBELL - RETAINED CAMPBELL LAW OFFICE 919 RIDGE ROAD BOWDOINHAM ME 04008 Filing Document: COMPLAINT Filing Date: 12/13/2005 Minor Case Type: EASEMENTS Docket Events: 05/05/2006 TRANSFER - REMOVAL TO SUPERIOR COURT EDI ON 05/05/2006 @ 18:00 TRANSFERRED CASE: SENDING COURT CASEID AUGDCRE200500110 FILING DOCUMENT - COMPLAINT FILED ON 12/13/2005 Party(s): WALTER WINCHESTER ATTORNEY - RETAINED ENTERED ON 12/13/2005 Party(s} : PEGGY WINCHESTER ATTORNEY - RETAINED ENTERED ON 12/13/2005 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION PROCEED W/O FEE FILED ON 12/13/2005 Plaintiff's Attorney: DANIEL C BUCK Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION PROCEED W/O FEE DENIED ON 12/23/2005 COURTLAND D PERRY II, JUDGE Page 1 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - TEMP RESTRAINING ORDER FILED ON 12/13/2005 Plaintiff's Attorney: DANIEL C BUCK WITH MEMORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - TEMP RESTRAINING ORDER DENIED ON 01/04/2006 PATRICIA WORTH, JUDGE COPIES TO ATTY BUCK ORDER - COURT ORDER ENTERED ON 12/23/2005 COURTLAND D PERRY II, JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. TO PROCEED WITHOUT FEES DENIED. COPY TO ATTY BUCK ORDER ON MOTION ORDER - COURT ORDER ENTERED ON 01/04/2006 PATRICIA WORTH, JUDGE TRO DENIED W/O PREJUDICE; NO COMPLIANCE W/ RULE 65 A 2. MOTION FOR PRELIM INJUNCTION REQUIRES NOTICE, THEN MAY BE SET FOR HEARING. COPY TO ATTY BUCK Party(s): GARDNER STOVER SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 04/03/2006 Party(s): GARDNER STOVER ATTORNEY - RETAINED ENTERED ON 04/24/2006 Defendant's Attorney: ANDREWS B CAMPBELL Party(s): GARDNER STOVER RESPONSIVE PLEADING - ANSWER & COUNTERCLAIM FILED ON 04/24/2006 Defendant's Attorney: ANDREWS B CAMPBELL AND DEFENSES Party(s): GARDNER STOVER RESPONSIVE PLEADING - RESPONSE FILED ON 04/24/2006 Defendant's Attorney: ANDREWS B CAMPBELL OPPOSITION TO REQUEST FOR INJUNCTIVE AND RELATED RELIEF Party(s): GARDNER STOVER SUPPLEMENTAL FILING - NOTICE OF REMOVAL FILED ON 04/24/2006 Defendant's Attorney: ANDREWS B CAMPBELL FINDING - REMOVAL TO SUPERIOR COURT SENT ON 05/05/2006 AUGSC FINDING - REMOVAL TO SUPERIOR COURT ENTERED ON 05/05/2006 AUGSC FINDING - FINAL JUDGMENT CASE CLOSED ON 05/05/2006 05/09/2006 TRANSFER - PERMANENT TRANSFER RECVD BY COURT ON 05/08/2006 05/09/2006 party(s): WALTER WINCHESTER,PEGGY WINCHESTER RESPONSIVE PLEADING - REPLY/ANSWER TO COUNTERCLAIM FILED ON 05/08/2006 Page 2 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD Plaintiff's Attorney: JUDITH A PLANO 05/15/2006 ORDER - SCHEDULING ORDER ENTERED ON 05/15/2006 DONALD H MARDEN , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 05/15/2006 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 01/15/2007 05/15/2006 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 05/15/2006 DONALD H MARDEN , JUSTICE 05/17/2006 Party(s): WALTER WINCHESTER ATTORNEY - RETAINED ENTERED ON 05/17/2006 Plaintiff's Attorney: JUDITH A PLANO 05/17/2006 Party(s): PEGGY WINCHESTER ATTORNEY - RETAINED ENTERED ON 05/17/2006 Plaintiff's Attorney: JUDITH A PLANO OS/22/2006 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - ENTRY OF APPEARANCE FILED ON OS/22/2006 Plaintiff's Attorney: JUDITH A PLANO 06/05/2006 Party(s): GARDNER STOVER MOTION - MOTION ALTER/AMEND ORDER/JUDG FILED ON 06/05/2006 Defendant's Attorney: ANDREWS B CAMPBELL WITH MEMORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING 06/05/2006 Party(s): GARDNER STOVER MOTION - OTHER MOTION FILED ON 06/05/2006 Defendant's Attorney: ANDREWS B CAMPBELL MOTION TO DISQUALIFY COUNSEL 06/05/2006 Party(s): GARDNER STOVER MOTION - MOTION TO STRIKE FILED ON 06/05/2006 Defendant's Attorney: ANDREWS B CAMPBELL WITH MEMORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING 06/13/2006 Party(s): WALTER WINCHESTER, PEGGY WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 06/13/2006 Plaintiff's Attorney: JUDITH A PLANO PLAINTIFFS' OBJECTION TO DEFENDANT'S MOTION TO AMEND SCHEDULING ORDER. 06/13/2006 Party(s): WALTER WINCHESTER, PEGGY WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 06/13/2006 Plaintiff's Attorney: JUDITH A PLANO PLAINTIFFS' OBJECTION TO DEFENDANT'S MOTION TO DISQUALIFY COUNSEL. 06/13/2006 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 06/13/2006 plaintiff's Attorney: JUDITH A PLANO PLAINTIFFS' OBJECTION TO DEFENDANT'S MOTION TO STRIKE Page 3 of 14 Printed on: 05/01/2008 AUGSC-RE-20P6-00033 DOCKET RECORD 07/13/2006 Party(s): GARDNER STOVER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 07/13/2006 Defendant's Attorney: ANDREWS B CAMPBELL DEF. GARDNER STOVER'S INTERROGATORIES TO PLTS. SERVED ON JUDITH PLANO, ESQ. ON 07-11-06. 07/18/2006 Party(s): GARDNER STOVER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 07/18/2006 Defendant's Attorney: ANDREWS B CAMPBELL DEFENDANT GARDNER STOVER'S INTERROGATORIES TO PLAINTIFFS AND DEFENDANTS FIRST REQUEST FOR DOCUMENTS TO PLAINTIFFS SERVED ON JUDITH PLANO, ESQ. ON 7/14/06 09/15/2006 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION TO AMEND PLEADING FILED ON 09/15/2006 Plaintiff's Attorney: JUDITH A PLANO MOTION TO AMEND COMPLAINT & JOIN ADDITIONAL PARTIES AS PLAINTIFFS WITH PROPOSED ORDER. 11/20/06 MOTION TO AMEND AND JOIN ADDITIONAL PARTIES. MEMORANDUM OF LAW IN SUPPORT OF 09/15/2006 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER SUPPLEMENTAL FILING - AMENDED COMPLAINT FILED ON 09/15/2006 Plaintiff's Attorney: JUDITH A PLANO 09/29/2006 Party(s): GARDNER STOVER OTHER FILING - OPPOSING MEMORANDUM FILED ON 09/29/2006 Defendant's Attorney: ANDREWS B CAMPBELL OPPOSITION TO MOTION TO AMEND COMPLAINT & RENEWED MOTION TO DISQUALIFY ASSISTANCE PINETREE LEGAL 11/09/2006 Party(s): GARDNER STOVER MOTION - MOTION FOR RELIEF FILED ON 11/08/2006 Defendant's Attorney: ANDREWS B CAMPBELL ANCILLARY RELIEF IN THE NATURE OF STAY OF PROCEEDINGS IN LIEU OF OPPOSITIONTO MOTION FOR JOINDER. 11/20/2006 Party(s): WALTER WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 11/20/2006 Plaintiff's Attorney: JUDITH A PLANO PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISQUALIFY COUNSEL, FILED. 11/22/2006 HEARING - MOTION TO JOIN HELD ON 11/21/2006 DONALD H MARDEN , JUSTICE Defendant's Attorney: ANDREWS B CAMPBELL Plaintiff's Attorney: JUDITH A PLANO AND MOTION FOR AMEND COMPLAINT 11/22/2006 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION TO AMEND PLEADING GRANTED ON 11/21/2006 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL TO JOIN PARTIES Page 4 of 14 GRANTS MOTION Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD 11/22/2006 Party(s): GARDNER STOVER MOTION - MOTION ALTER/AMEND ORDER/JUDG GRANTED ON 11/21/2006 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL 11/22/2006 Party(s): GARDNER STOVER MOTION - OTHER MOTION GRANTED ON 11/21/2006 DONALD H MARDEN , JUSTICE MOTION TO DISQUALIFY COUNSEL ATTYS. OF RECORD COPIES TO 11/28/2006 Party(s): GARDNER STOVER MOTION - MOTION TO STRIKE MOOT ON 11/21/2006 11/28/2006 Party(s): GARDNER STOVER MOTION - MOTION FOR RELIEF MOOT ON 11/21/2006 11/28/2006 ORDER - SCHEDULING ORDER ENTERED ON 11/21/2006 DONALD H MARDEN , JUSTICE AMENDED SCHEDULING ORDER PARTIES/COUNSEL COPIES TO 11/28/2006 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 04/01/2007 12/28/2006 Party(s): GARDNER STOVER RESPONSIVE PLEADING - ANSWER & COUNTERCLAIM FILED ON 12/28/2006 Defendant's Attorney: ANDREWS B CAMPBELL 01/05/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION PRELIMINARY INJUNCTION FILED WITH AFFIDAVIT ON 01/05/2007 Plaintiff's Attorney: JUDITH A PLANO AFFIDAVITS OF PEGGY L. WINCHESTER, WALTER A. WINCHESTER, SHIRLIE ORTIZ, ACKNOWLEDGEMENT OF NOTICE (UNSIGNED), AFFIDAVIT OF JUDITH A. PLANO, ESQ. CERTIFYING NOTICE TO DEFT, PROPOSED ORDER 01/08/2007 Party(s): GARDNER STOVER LETTER - FROM PARTY FILED ON 01/08/2007 Defendant's Attorney: ANDREWS B CAMPBELL LETTER ADVISING COURT THAT MOTION FOR PRELIMINARY INJUNCTION IS OPPOSED AND AFFIDAVITS WILL BE FILED WITHIN 10 DAYS. 01/19/2007 Party(s): GARDNER STOVER OTHER FILING - OPPOSING MEMORANDUM FILED ON 01/18/2007 Defendant's Attorney: ANDREWS B CAMPBELL SUPPLEMENTAL OPPOSITION TO SECOND REQUEST FOR INJUNCTIVE RELIEF AND AFFIDAVIT OF GARDNER STOVER, FILED. 03/07/2007 HEARING - MOTION PRELIMINARY INJUNCTION SCHEDULED FOR 03/27/2007 DONALD H MARDEN , JUSTICE @ 9:00 03/07/2007 HEARING - MOTION PRELIMINARY INJUNCTION NOTICE SENT ON 03/07/2007 Page 5 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD 03/19/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION TO CONTINUE FILED ON 03/19/2007 Plaintiff's Attorney: JUDITH A PLANO 03/20/2007 Party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE FILED ON 03/20/2007 Defendant's Attorney: ANDREWS B CAMPBELL 03/22/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION TO CONTINUE GRANTED ON 03/21/2007 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL STATUS CONFERENCE TO BE HELD APRIL 30, 2007 AT B:30AM 03/22/2007 Party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE GRANTED ON 03/21/2007 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL CONFERENCE ORDERED FOR APRIL 30, 2007 AT B:30AM 03/22/2007 HEARING - PRETRIAL/STATUS SCHEDULED FOR 04/30/2007 DONALD H MARDEN , JUSTICE NOTICE TO PARTIES/COUNSEL GRANTED-ORDERED GRANTED-STATUS @ B:30 03/26/2007 Party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE FILED ON 03/26/2007 Defendant's Attorney: ANDREWS B CAMPBELL AND OPPOSITION TO APRIL DATE 04/05/2007 Party(s): GARDNER STOVER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/05/2007 Defendant's Attorney: ANDREWS B CAMPBELL DEFT'S INTERROGATORIES TO PLTF WILLIAM ROCQUE; DEFT'S INTERROGATORIES TO PLFTS GILBERTO AND SHIRLEY ORTIZ, SERVED ON J. PLANO, ESQ. ON 03/30/07. 04/11/2007 Party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE MOOT ON 04/11/2007 04/11/2007 HEARING - MOTION PRELIMINARY INJUNCTION CONTINUED ON 04/11/2007 04/11/2007 Party(s): GARDNER STOVER JURY FILING - DEMAND FOR JURY TRIAL FILED ON 04/11/2007 JURY TRIAL FEE PAID 04/11/2007 Party(s): GARDNER STOVER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/11/2007 Defendant's Attorney: ANDREWS B CAMPBELL DEFENDANT GARDNER STOVER'S INTERROGATORIES TO PLAINTIFFS SERVED ON PLAINTIFF ON 3/29/07. 04/12/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - REPLY MEMORANDUM FILED ON 04/12/2007 Plaintiff's Attorney: JUDITH A PLANO PLTFS' ANSWER TO DEFT'S OPPOSITION TO APRIL DATE Page 6 of 14 Printed on: Os/01/200B AUGSC-RE-2006-00033 DOCKET RECORD 04/18/2007 Party(s): GARDNER STOVER OTHER FILING - DESIGNATION OF EXPERT WITNESS FILED ON 04/18/2007 Defendant's Attorney: ANDREWS B CAMPBELL 04/18/2007 Party(s): GARDNER STOVER OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 04/18/2007 Defendant's Attorney: ANDREWS B CAMPBELL 04/19/2007 Party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE DENIED ON 04/18/2007 DONALD H MARDEN , JUSTICE APRIL 30, 2007 @ 8:30 IS STATUS CONFERENCE. COPIES MAILED TO ATTYS. 04/26/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER LETTER - FROM PARTY FILED ON 04/26/2007 Plaintiff's Attorney: JUDITH A PLANO LETTER REGARDING PRELIMINARY INJUNCTION. 04/27/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 04/27/2007 Plaintiff's Attorney: JUDITH A PLANO TO DESIGNATE AN EXPERT AND FILE A WITNESS AND EXHIBIT LIST. 05/07/2007 Party(s): GARDNER STOVER LETTER - FROM PARTY FILED ON 05/07/2007 Defendant's Attorney: ANDREWS B CAMPBELL LETTER INFORMING THE COURT THERE IS NO OBJECTION TO MOTION FOR ENLARGMENT OF TIME. 05/09/2007 ORDER - COURT ORDER ENTERED ON 05/07/2007 DONALD H MARDEN , JUSTICE DISCOVERY EXTENDED TO 6/1/07. TRIAL SET FOR JULY 12 & 13, 2007. PARTIES/COUNSEL 05/09/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 05/07/2007 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL 5/7/07 COPIES TO SEE ORDER OF 05/09/2007 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 06/01/2007 05/09/2007 TRIAL - JURY TRIAL SCHEDULED FOR 07/12/2007 @ 9:00 05/15/2007 Party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE FILED ON 05/15/2007 Defendant's Attorney: ANDREWS B CAMPBELL 05/18/2007 party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE FILED ON 05/18/2007 Defendant's Attorney: ANDREWS B CAMPBELL 05/31/2007 Party(s): GARDNER STOVER Page 7 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD MOTION - MOTION TO CONTINUE DENIED ON 05/30/2007 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL MEDIATION REMAINS. DENIED; 06/01/2007 Party(s): GARDNER STOVER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 06/01/2007 Defendant's Attorney: ANDREWS B CAMPBELL DEPOSITION OF WALTER WINCHESTER, SERVED ON J. PLANO, ESQ. ON 05/31/07. 06/01/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 05/31/2007 Plaintiff's Attorney: JUDITH A PLANO NOTICE TO TAKE ORAL DEPOSITION OF GARDINER STOVER SERVED ON ANDREWS CAMPBELL, ESQ. ON 5/29/07 06/15/2007 Party(s): GARDNER ~TOVER MOTION - MOTION TO CONTINUE FILED ON 06/13/2007 Defendant's Attorney: ANDREWS B CAMPBELL MOTION TO CONTINUE AND FOR PROTECTION 06/20/2007 Party(s): GARDNER STOVER MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 06/20/2007 Defendant's Attorney: ANDREWS B CAMPBELL OF EXPERT BY DEFENDANT. 06/20/2007 ORDER - REPORT OF ADR CONF/ORDER FILED ON 06/20/2007 Defendant's Attorney: ANDREWS B CAMPBELL JUDITH A PLANO Plaintiff's Attorney: 06/20/2007 ORDER - REPORT OF ADR CONF/ORDER UNRESOLVED ON 06/20/2007 06/20/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - DESIGNATION OF EXPERT WITNESS FILED ON 06/14/2007 Plaintiff's Attorney: JUDITH A PLANO 06/20/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 06/14/2007 Plaintiff's Attorney: JUDITH A PLANO 06/22/2007 Party(s): GARDNER STOVER DISCOVERY FILING - RULE 26(G) LETTER FILED ON 06/22/2007 Defendant's Attorney: ANDREWS B CAMPBELL NEED NOT BE DEALT WITH BEFORE 07/12/07. 06/25/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER DISCOVERY FILING - RULE 26(G) LETTER FILED ON 06/25/2007 Plaintiff's Attorney: JUDITH A PLANO WITH COpy OF 06/23/07 LETTER TO A. CAMPBELL, ESQ. 06/27/2007 Party(s): GARDNER STOVER MOTION - MOTION TO STRIKE FILED ON 06/25/2007 Defendant's Attorney: ANDREWS B CAMPBELL Page 8 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD MOTION TO STRIKE EXPERT WITNESS DESIGNATION, RENEWED MOTION FOR CONTINUANCE AND DISCOVERY CONFERENCE 06/30/2007 Party(s): GARDNER STOVER LETTER - FROM PARTY FILED ON 06/28/2007 Defendant's Attorney: ANDREWS B CAMPBELL IN RESPONSE TO LETTER FILED BY PLTF. 06/30/2007 Party(s): GARDNER STOVER MOTION - MOTION TO STRIKE FILED ON 06/28/2007 Defendant's Attorney: ANDREWS B CAMPBELL MOTION TO STRIKE EXPERT DESIGNATION, RENEWED MOTION FOR CONTINUANCE AND DISCOVERY CONFERENCE. 06/30/2007 Party(s): WALTER WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 06/28/2007 Plaintiff's Attorney: JUDITH A PLANO PLAINTIFFS' OBJECTION TO DEFENDANT'S MOTION TO STRIKE AND RENEWED MOTION FOR CONTINUANCE. 07/02/2007 Party(s): GARDNER STOVER OTHER FILING - REPLY MEMORANDUM FILED ON 07/02/2007 Defendant's Attorney: ANDREWS B CAMPBELL REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE, FILED. 07/05/2007 TRIAL - JURY TRIAL CONTINUED ON 07/02/2007 DONALD H MARDEN , JUSTICE 07/05/2007 HEARING - PRETRIAL/STATUS NOT HELD ON 07/02/2007 07/05/2007 Party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE GRANTED ON 07/02/2007 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL AUGUST 2, 2007 CONTINUED TO 07/05/2007 Party(s): GARDNER STOVER MOTION - MOTION TO CONTINUE MOOT ON 07/02/2007 07/05/2007 HEARING - PRETRIAL/STATUS HELD ON 07/02/2007 DONALD H MARDEN , JUSTICE 07/05/2007 TRIAL - BENCH SCHEDULED FOR 08/02/2007 @ 9:00 07/05/2007 ORDER - SCHEDULING ORDER ENTERED ON 07/02/2007 DONALD H MARDEN , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 07/05/2007 TRIAL - BENCH NOTICE SENT ON 07/05/2007 @ 9:00 07/05/2007 Party(s): GARDNER STOVER OTHER FILING - WITNESS LIST FILED ON 07/03/2007 Defendant's Attorney: ANDREWS B CAMPBELL Page 9 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD LETTER INDICATING ADDITION TO WITNESS LIST 07/13/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER DISCOVERY FILING - DEPOSITION TRANSCRIPT FILED ON 07/11/2007 Plaintiff's Attorney: JUDITH A PLANO OF GARDNER STOVER 07/27/2007 party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - EX PARTE ATTACH/TRUSTEE PROC FILED WITH AFFIDAVIT ON 07/26/2007 Plaintiff's Attorney: JUDITH A PLANO AND INCORPORATED MEMORANDUM OF LAW,AFFIDAVIT OF MARK A DENSMORE,PEGGY L WINCHESTER,WILLIAM ROCQUE. EXHIBIT - UNCLE HENRY'S. 07/27/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - OTHER DOCUMENT FILED ON 07/26/2007 EXHIBITS, PLAN REFERENCE BY THAYER COMPANY,PROPERTY SURVEY. 07/31/2007 Party(s): GARDNER STOVER MOTION - OTHER MOTION FILED ON 07/31/2007 Defendant's Attorney: ANDREWS B CAMPBELL MOTION TO DISQUALIFY JUDITH PLANO ESQ. AND OR STAY OF PROCEEDINGS 07/31/2007 Party(s): GARDNER STOVER NOTE - OTHER CASE NOTE ENTERED ON 07/31/2007 Defendant's Attorney: ANDREWS B CAMPBELL LETTER FROM A.CAMPBELL 08/01/2007 NOTE - OTHER CASE NOTE ENTERED ON 08/01/2007 ANDREWS CAMPBELL FILED EXHIBITS FOR NON-JURY TRIAL SCHEDULED FOR 8/2/07. 08/01/2007 party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - EX PARTE ATTACH/TRUSTEE PROC GRANTED ON 08/01/2007 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL IT IS ORDERED THAT ATTACHMENT OF SPECIFIC REAL PROPERTY AS DESCRIBED ABOVE BE MADE AGAINST THE DEFENDANT IN THE AMOUNT OF $200,000. 08/02/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - EX PARTE ATTACH/TRUSTEE PROC FILED ON 08/02/2007 Plaintiff's Attorney: JUDITH A PLANO AMENDED MOTION FOR APPROVAL OF EX PARTE ATTACHMENT WITH PROPOSED ORDER. 08/02/2007 Party(s): GARDNER STOVER OTHER FILING - TRIAL BRIEF FILED ON 08/02/2007 Defendant's Attorney: ANDREWS B CAMPBELL 08/02/2007 Party(s): GARDNER STOVER MOTION - DISSOLVE ATTACH/TRUSTEE PROC FILED ON 08/02/2007 Defendant's Attorney: ANDREWS B CAMPBELL WITH MEMORANDUM OF LAW. 08/03/2007 Party(s): GARDNER STOVER OTHER FILING - OPPOSING MEMORANDUM FILED ON 08/03/2007 Page 10 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD Defendant's Attorney: ANDREWS B CAMPBELL TO MOTION TO AMEND EX PARTE ATTAHCMENT. OPPOSITION TO EX PARTE ATTACHMENT. AFFIDAVIT IN OS/03/2007 Party(s): WALTER WINCHESTER, PEGGY WINCHESTER OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 07/30/2007 Plaintiff's Attorney: JUDITH A PLANO OS/06/2007 TRIAL - BENCH HELD ON OS/02/2007 DONALD H MARDEN , JUSTICE Defendant's Attorney: ANDREWS B CAMPBELL Plaintiff's Attorney: JUDITH A PLANO Reporter: LESLIE GILMORE ATTYS. PRESENT OPENING STATEMENTS TO THE COURT. TRIAL RECESSES TO TAKE A VIEW OF THE PROPERTY. PLAINTIFF CALLS ELLIOTT THAYER AS A WITNESSES. TRIAL RECESSES AT 3:40 P.M. TO RESUME AT 9:00 A.M. ON S/3/07. OS/14/2007 Party(s): GARDNER STOVER MOTION - OTHER MOTION DENIED ON OS/02/2007 DONALD H MARDEN , JUSTICE MOTION TO DISQUALIFY JUDITH PLANO ESQ. AND OR STAY OF PROCEEDINGS DENIED ON THE RECORD OS/14/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - EX PARTE ATTACH/TRUSTEE PROC MOOT ON OS/14/2007 OS/14/2007 Party(s): GARDNER STOVER MOTION - MOTION TO STRIKE DENIED ON OS/02/2007 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL OS/14/2007 Party(s): GARDNER STOVER MOTION - MOTION TO STRIKE DENIED ON OS/02/2007 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL OS/14/2007 Party(s): GARDNER STOVER MOTION - MOTION FOR ENLARGEMENT OF TIME WITHDRAWN ON OS/02/2007 DONALD H MARDEN , JUSTICE OS/14/2007 OTHER FILING - TRANSCRIPT FILED ON OS/OS/2007 Defendant's Attorney: ANDREWS B CAMPBELL TRANSCRIPT ORDER, FILED. LESLIE GILMORE, CR COPY MAILED TO OS/20/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON OS/17/2007 Plaintiff's Attorney: JUDITH A PLANO PLTFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFT'S SECOND MOTION TO DISQUALIFY COUNSEL. OS/20/2007 party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - TRIAL BRIEF FILED ON OS/17/2007 Plaintiff's Attorney: JUDITH A PLANO Page 11 of 14 Printed on: OS/01/200S AUGSC-RE-2006-00033 DOCKET RECORD 08/23/2007 Party(s): GARDNER STOVER LETTER - FROM PARTY FILED ON 08/22/2007 Defendant's Attorney: ANDREWS B CAMPBELL REGARDING MOTION TO DISQUALIFY COUNSEL. 08/23/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - TRIAL BRIEF FILED ON 08/23/2007 Plaintiff's Attorney: JUDITH A PLANO PLAINTIFF'S CLOSING ARGUMENTS. 08/29/2007 party(s): GARDNER STOVER MOTION - OTHER MOTION FILED ON 08/27/2007 Defendant's Attorney: ANDREWS B CAMPBELL AMEND COUNTERCLAIM AND DRAFT ORDER,RULE 7(B) NOTICE AND SAMENDED ANSER AND COUNTERCLAIMS 08/29/2007 Party(s): GARDNER STOVER MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 08/29/2007 Defendant's Attorney: ANDREWS B CAMPBELL MOTION FOR LATE DESIGNATION OF EXPERTS BY DEFT. PROPOSED ORDER. 09/06/2007 Party(s): GARDNER STOVER OTHER FILING - TRIAL BRIEF FILED ON 09/04/2007 Defendant's Attorney: ANDREWS B CAMPBELL 09/11/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER RESPONSIVE PLEADING - RESPONSE FILED ON 09/10/2007 Plaintiff's Attorney: JUDITH A PLANO TO DEFENDANT'S CLOSING ARGUMENT 09/11/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 09/10/2007 Plaintiff's Attorney: JUDITH A PLANO TO DEFENDANT'S MOTION TO AMEND COUNTERCLAIM WITH PROPOSED ORDER. 09/11/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 09/10/2007 Plaintiff's Attorney: JUDITH A PLANO TO DEFANDANT'S MOTION FOR LATE DESIGNATION OF EXPERTS. 09/11/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION TO STRIKE FILED ON 09/10/2007 Plaintiff's Attorney: JUDITH A PLANO WITH PROPOSED ORDER. G 12/18/2007 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER OTHER FILING - SUGGESTION OF DEATH FILED ON 10/24/2007 plaintiff's Attorney: JUDITH A PLANO 12/18/2007 ORDER - COURT ORDER ENTERED ON 12/18/2007 DONALD H MARDEN , JUSTICE IT IS HEREBY ADJUDGED AND DECLARED THAT THE RIGHT-OF-WAY EXCEPTED AND RESERVED BY BON VENTURA ROCQUE SR. AND SHIRLEY G.ROCQUE IN THEIR DEED TO DAVID W. SMITH AND SHIRLEY A SMITH DESCRIBED AS THE GRAVEL ROAD AS PRESENTLY ESTABLISHED AND DELINEATED BY INSTRUMENT Page 12 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD DATED JUNE 28, 1979, AND REFERENCED AS A PLAN ENTITLED PROPERTY SURVEY, ROCQUE AND SMITH, MUD MILL ROAD, AUGUSTA, MAINE DATED 5/31/1979 RECORDED IN KENNEBEC COUNTY REGISTRY OF DEEDS PLOT PLAN NO. C-79091 IS AS REPRESENTED BY PLAN OF THAYER ENGINEERING COMPANY ENTITLED " PLAN OF DIVIDED LANE-EXISTING CONDITIONS"DATED JUNE 29, 12007, FOUND AS PLAINTIFFS' EXHIBIT NO.1 IN THIS LITIGATION AS THE TRUE RIGHT-OF-WAY TO WHICH THE PLAITIFFS ARE ENTITLED BY PROPERLY RECORDED INSTRUMENTS; IT OS ORDFERED THAT PLAINTIFFS RECORD IN THE KENNEBEC COUNTY REGISTRY OF DEEDS THE PLAN OF JUNE 29, 2007, BY THAYER ENGINEERING COMPANY, PROJECT NO. 070620; THIS MATTER CONTINUED CONSISTENT WITH THE SCHEDULING ORDER. COPIES TO ATTYS. OF RECORD. 12/28/2007 Party(s): GARDNER STOVER MOTION - MOTION FOR NEW TRIAL FILED ON 12/26/2007 Defendant's Attorney: ANDREWS B CAMPBELL AND CERTIFICATE OF SERVICE. 12/28/2007 Party(s): GARDNER STOVER MOTION - MOTION ENTRY FINAL JUDGMENT FILED ON 12/26/2007 Defendant's Attorney: ANDREWS B CAMPBELL ON DECISION OF DECEMBER 18, 2007 OR, IN THE ALTERNATIVE, FOR STAY OF ORDER. 01/16/2008 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 01/16/2008 JOSEPH M JABAR , JUSTICE 01/16/2008 Party(s): WALTER WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 01/15/2008 Plaintiff's Attorney: JUDITH A PLANO PLAINTIFF'S OBJECTION TO DEFENDANT'S MOTION FOR A NEW TRIAL. 01/16/2008 Party(s): WALTER WINCHESTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 01/15/2008 Plaintiff's Attorney: JUDITH A PLANO PLAINTIFF'S OBJECTION TO DEFENDANT'S MOTION FOR ENTRY OF FINAL JUDGMENT. 04/25/2008 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER LETTER - FROM PARTY FILED ON 04/25/2008 Plaintiff's Attorney: JUDITH A PLANO LETTER REGARDING UNRESOLVED MATTERS. 05/01/2008 Party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION PRELIMINARY INJUNCTION GRANTED ON 05/01/2008 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL 05/01/2008 Party(s): GARDNER STOVER MOTION - MOTION ENTRY FINAL JUDGMENT DENIED ON 05/01/2008 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL 05/01/2008 Party(s): GARDNER STOVER MOTION - OTHER MOTION DENIED ON 05/01/2008 DONALD H MARDEN , JUSTICE AMEND COUNTERCLAIM AND DRAFT ORDER,RULE 7(B) NOTICE AND SAMENDED ANSER AND COUNTERCLAIMS Page 13 of 14 Printed on: 05/01/2008 AUGSC-RE-2006-00033 DOCKET RECORD 05/01/2008 party(s): GARDNER STOVER MOTION - MOTION ENTRY FINAL JUDGMENT GRANTED ON 05/01/2008 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL ALTERNATIVE FOR STAY OF COURT'S ORDER IS GRANTED. MOTION FOR 05/01/2008 party(s): GARDNER STOVER MOTION - DISSOLVE ATTACH/TRUSTEE PROC DENIED ON 05/01/2008 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL 05/01/2008 Party(s): GARDNER STOVER MOTION - MOTION FOR NEW TRIAL DENIED ON 05/01/2008 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL 05/01/2008 party(s): WALTER WINCHESTER,PEGGY WINCHESTER MOTION - MOTION TO STRIKE DENIED ON 05/01/2008 DONALD H MARDEN , JUSTICE COPIES TO PARTIES/COUNSEL A TRUE COpy ATTEST: Clerk Page 14 of 14 Printed on: 05/01/2008

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