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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-06-08
Status Open
Type Miscellaneous|E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1
Docket 33 entries

Parties

Plaintiff Daniels, Leah
Defendant U.s. Bank National Association, As|Ditech Financial Llc|Wells Fargo Home Mortgage, Inc.

Lawyers

Docket Entries

  1. Case assigned to the Average Track per Land Court Standing Order 1:04.
  2. Land Court miscellaneous filing fee Receipt: 441706 Date: 06/13/2023
  3. Land Court surcharge Receipt: 441706 Date: 06/13/2023
  4. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  5. Verified Complaint eFiled.
  6. Financial Notes: Letter sent to Leah Daniels regarding bal. due of $255.00.
  7. The case has been assigned to the A Track. Notice sent.
  8. The Court has reviewed Ms. Daniels's complaint. The Court ORDERS Ms. Daniels to serve each of the defendants promptly with a summons and a copy of her complaint, in the manner directed in Rule 4 of the Massachusetts Rules of Civil Procedure. The Court ORDERS Ms. Daniels to file by July 21, 2023, either (a) "returns of service" for each of the defendants or (b) a report on the status of her efforts to get such returns. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Leah Daniels 12 Marcella St, Boston, MA, Roxbury, MA, MA 02119 Sent On: 06/20/2023 15:06:10
  9. Email from Ms. Leah Daniels, filed.
  10. The Court has received an e-mail from Ms. Daniels regarding her efforts to serve defendants with a summons and a complaint. The e-mail suggests that she may not be seeing timely things sent to her by regular mail. Accordingly, the Court ORDERS Ms. Daniels to provide to the Sessions Clerk promptly an e-mail address that is suitable for the Court and the parties in this case to send her by e-mail orders and other filings. Ms. Daniel's e-mail also seeks an extension of time to serve defendants. The Court DENIES the motion without prejudice to Ms. Daniels refiling it at a later date. On June 20, 2023, this Court issued an order directing Ms. Daniels, by July 21, 2023, either to serve the defendants with process or provide a status report on her efforts to obtain service (much like the report contained in today's e-mail from Ms. Daniels). Ms. Daniels's e-mail does not explain why she is unable to comply with the Court's June 20, 2023, order. She may renew her motion to extend the time for service, however, when she files the report that's due on July 21, 2023, but that report must show diligent efforts by Ms. Daniels to serve each defendant with a summons and a complaint. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Leah Daniels [email protected] Sent On: 06/26/2023 09:12:53
  11. Defendants' Motion for Extension of Time to Respond to Plaintiff's Verified Complaint, filed.
  12. Appearance of Sean Robert Higgins, Esq., Kelly E Bungard, Esq. for U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2006-WF1, Wells Fargo Home Mortgage, Inc., filed
  13. The Court has received Defendants' Motion for Extension of Time to Respond to Plaintiff's Verified Complaint. (Since both defendants have now appeared in this case, Ms. Daniels need not file returns of service on the defendants.) The Court ORDERS Ms. Daniels to file by July 6, 2023, any objection to Defendants' request for an extension of time. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Sean Robert Higgins, Esq. [email protected] Defendant: Kelly E Bungard, Esq. [email protected] Plaintiff: Leah Daniels [email protected] Sent On: 06/30/2023 16:59:03
  14. Motion for Summary Judgment, filed.
  15. Objection to Extension, filed.
  16. The Court has reviewed US Bank's motion for extension of time and Ms. Daniels's opposition to the motion. The Court GRANTS the Bank's motion, as this case has been pending for less than a month and Ms. Daniels has demonstrated no prejudice from the requested extension. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record and Pro Se by email.
  17. The Court has received, and DENIES without prejudice to its refiling, Ms. Daniels's motion for summary judgment, as the motion does not comply with Land Court Rule 4. The Court further ORDERS the parties to appear by videoconference in this case and case No. 23 MISC 000299 for a case-management conference on July 28, 2023, at 10:30 AM. A separate notice of videoconference will issue. The Court ADVISES the parties that they must comply fully with the requirements set forth in the notice. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Sean Robert Higgins, Esq. [email protected] Defendant: Kelly E Bungard, Esq. [email protected] Plaintiff: Leah Daniels [email protected] Sent On: 07/07/2023 10:20:43
  18. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/28/2023 Time: 10:30 AM
  19. Defendants' Motion for Further Extension of Time to Respond to Plaintiff's Verified Complaint, filed.
  20. The Court has reviewed, and DENIES, Defendants' motion for a further extension of time. If Defendants believe that the complaint in this case fails to state a claim, they should so move. The Court will not otherwise direct Ms. Daniels to amend her current complaint. Ms. Daniels's alleged failure to prepare for the case-management conference likewise doesn't prevent Defendants from moving to dismiss. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Sean Robert Higgins, Esq. [email protected] Defendant: Kelly E Bungard, Esq. [email protected] Plaintiff: Leah Daniels [email protected] Sent On: 07/12/2023 13:58:20
  21. List of Witnesses, filed.
  22. Statement of Remedies Sought, filed.
  23. Statement of Legal Issues, filed.
  24. Statement of Particulars, filed.
  25. Statement, filed.
  26. Statement, filed.
  27. Ms. Daniels has filed various statements yesterday and today. The Massachusetts Rules of Civil Procedure don't require the filing of such statements and the Court perceives no reason why they've been filed. The Court thus ADVISES Ms. Daniels that the Court will not be reviewing any of the materials docketed July 13, 2023, or July 14, 2023. The Court also ADVISES Ms. Daniels that her recent filings do not substitute for or excuse her from her obligations under the Case Management Conference Notice and Order sent July 7, 2023, including the obligation for the parties to file a joint case-management conference statement. The Sessions Clerk reports that Ms. Daniels has been sending the Sessions Clerk e-mails without copying counsel to the Defendants. The Court ORDERS Ms. Daniels to copy counsel to the Defendants on all written communications that Ms. Daniels has with the Sessions Clerk. The Sessions Clerk also reports that Ms. Daniels has been copying the Sessions Clerk on various communications Ms. Daniels is having with counsel to the Defendants. The Court ORDERS the parties not to include the Sessions Clerk on communications solely between the parties. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Sean Robert Higgins, Esq. [email protected] Defendant: Kelly E Bungard, Esq. [email protected] Plaintiff: Leah Daniels [email protected] Sent On: 07/14/2023 15:18:47
  28. Joint Case Management Statement, filed.
  29. Event Resulted: Case Management Conference scheduled on: 07/28/2023 10:30 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  30. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  31. Case management videoconference and initial intervention event held in consolidated cases 23 MISC 000256 and 000299. Plaintiff Leah Daniels appeared representing herself. Defendants U.S. Bank and Wells Fargo appeared through counsel. Ms. Daniels is seeking a declaratory judgment that she is the sole owner of 12 Marcella St., free and clear of any interests held by U.S. Bank or Wells Fargo. U.S. Bank claims it holds a mortgage on the property, and Wells Fargo claims it's the authorized servicer of that mortgage. With Ms. Daniels's assent, the Court DISMISSES 23 MISC 000299, as the claims in that case are identical to those in 23 MISC 000256. (After today, the parties should file materials only in case 23 MISC 000256.) Having heard from the parties, the Court ORDERS U.S. Bank and Wells Fargo to file by August 2, 2023, a status report on whether either anticipates entering (or having any of its agents or employees enter) 12 Marcella Street between today and September 12, 2023. The Court ORDERS U.S. Bank and Wells Fargo to file by August 25, 2023, an answer to Ms. Daniels' complaint and any counterclaims. The Court ORDERS the parties to appear on September 12, 2023, at 11:00 AM for a further case management videoconference. A separate videoconference notice will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Sean Robert Higgins, Esq. [email protected] Defendant: Kelly E Bungard, Esq. [email protected] Plaintiff: Leah Daniels [email protected] Sent On: 07/28/2023 17:48:00
  32. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 09/12/2023 Time: 11:00 AM
  33. Defendant's Status Report Regarding Property Inspections, filed.

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