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Case Information
Filed
2023-02-06
Status
Open
Type
Miscellaneous|Par Partition, G.l. Chapter 241
Docket
19 entries
Parties
Plaintiff
Foskett, Jessie L.|Foskett, David A.
Defendant
Welton, Jason D.
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 438084 Date: 02/06/2023
- Land Court surcharge Receipt: 438084 Date: 02/06/2023
- Land Court summons Receipt: 438084 Date: 02/06/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent.
- The Court has reviewed the Fosketts' complaint for partition. The Court ORDERS the parties to appear for a telephonic case-management conference on March 10, 2023, at 10:30 AM. A separate notice of case-management conference will issue. The Court ORDERS the Fosketts to serve Mr. Welton 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 Fosketts to file with the Sessions Clerk, by March 3, 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: Elisabeth Colbath, Esq. [email protected] Sent On: 02/15/2023 08:20:59
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 03/10/2023 Time: 10:30 AM
- Plaintiffs' Report by Email, filed.
- The Court has received Plaintiffs' report that they've yet to serve Mr. Welson. The Court CANCELS the March 10, 2023, case-management conference in this matter. The Court ORDERS Plaintiffs to file by March 31, 2023, a return of service on Mr. Welson or a report on the status of their efforts to achieve such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Elisabeth Colbath, Esq. [email protected] Sent On: 03/06/2023 12:46:31
- Event Resulted: Case Management Conference scheduled on: 03/10/2023 10:30 AM Has been: Canceled For the following reason: Request of Plaintiff(s) Hon. Michael D. Vhay, Presiding
- Summons returned to Court with service on Jason D. Welton filed.
- Answer and Counterclaim to Petition to Partition, filed.
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 04/21/2023 Time: 10:00 AM
- Parties' Email Motion to Continue the Case Management Conference, filed.
- The Court has received, and GRANTS in part, the parties' motion to continue the case-management conference in this matter. The Court CANCELS the conference. The Court ORDERS the parties to file by May 11, 2023, a joint report stating whether the parties are continuing to discuss settlement or have concluded that settlement is unlikely in advance of a case-management conference. (The latter type of report should not otherwise describe the parties' discussions or their positions.) SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Elisabeth Colbath, Esq. [email protected] Defendant: Nisha Koshy Cocchiarella, Esq. [email protected] Defendant: Anthony Moroso, Esq. [email protected] Sent On: 04/11/2023 14:52:48
- Event Resulted: Case Management Conference scheduled on: 04/21/2023 10:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
- (Joint) Status Report, filed.
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