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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-02-23
Status Closed
Type Miscellaneous|Ota Other
Docket 26 entries

Parties

Plaintiff Mcaskill, Errol
Defendant Estate Of Patricia Constance Molden|Mc Askill, Stephanie V.|Molden, Roosevelt Z.|Wilson, Terry L.|Wilson, Stephaine C.|Wilson, Terri L.

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 428628 Date: 02/23/2022
  4. Land Court surcharge Receipt: 428628 Date: 02/23/2022
  5. Land Court summons Receipt: 428628 Date: 02/23/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. C Motion (Special Process Server), filed.
  8. C Motion (Special Process Server) ALLOWED. Counsel emailed copy Judge: Patterson, Deborah J.
  9. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Sheryl Furnari, Esq. [email protected] Plaintiff: Morjieta K Derisier, Esq. [email protected] null: File Copy Sent On: 03/02/2022 14:04:35
  10. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 04/14/2022 Time: 11:30 AM Counsel notified via email.
  11. Appearance of Jordan L Shapiro, Esq. for Estate of Patricia Constance Molden, filed
  12. Estate of Patricia Constance Molden's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) and 12 (b)(7) by Defendant, filed.
  13. Memorandum in Support of Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) and 12 (b)(7) by Defendant, filed.
  14. Opposition to Defendant's Motion to Dismiss, filed.
  15. Event Resulted: Case Management Conference scheduled on: 04/14/2022 11:30 AM Has been: Case management conference held via videoconference. Attorney Sheryl Furnari appeared on behalf of the plaintiff, Attorney Jordan Shapiro appeared on behalf of Estate of Patricia Constance Molden, and Attorney Stephanie Addeo appeared as counsel for Stephanie McAskill, personal representative, in the related probate matter. Court is in receipt of: Estate of Patricia Constance Molden's Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) and 12 (b)(7) by Defendant; Memorandum in Support of Motion to Dismiss Complaint pursuant to Mass. R. Civ. P. 12(b)(6) and 12 (b)(7) by Defendant; and Plaintiff's Opposition to Defendant's Motion to Dismiss, the latter filed on the date of the case management conference. By way of background, counsel confirmed that Stephanie McAskill ("Stephanie") is the Personal Representative for her sister Patricia Constance Molden's ("Patricia") estate. Attorney Furnari advised that Plaintiff, who is Stephanie's son, has been living at property located at 60 Dix Street, Unit 2, Boston (the "Property") which was owned by Patricia, with Plaintiff claiming title thereto by resulting trust and/or constructive trust, and unjust enrichment. Attorney Shapiro advised that Stephanie, as Personal Representative, intends to sell the Property and has brought an eviction action against Plaintiff (her son), which action is pending in the Housing Court. Following colloquy, counsel to consider whether it would be more appropriate to adjudicate plaintiff's claims in the already pending Probate or Housing court cases rather than in the Land Court. Court encouraged counsel to consider settlement or mediation to reach a mutually agreeable resolution, particularly given the time, expense, and risk of maintaining litigation in multiple courts. Court then noted that returns of service have not been filed for all defendants. Attorney Furnari indicated that service has been effectuated, but Attorneys Addeo and Shapiro questioned whether the named defendants are the proper parties. Status conference scheduled for May 10, 2022, at 3:30 P.M., to allow the plaintiff an opportunity to ensure that the proper defendants have been named and served, with returns of service filed with the court. Hearing on the motion to dismiss will be scheduled at that time, if necessary. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  16. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/10/2022 Time: 03:30 PM
  17. Event Resulted: Status Conference scheduled on: 05/10/2022 03:30 PM Has been: Status conference held via videoconference. Attorney Sheryl Furnari appeared on behalf of the plaintiff, Attorney Jordan Shapiro appeared on behalf of Estate of Patricia Constance Molden, and Attorney Stephanie Addeo appeared as counsel in the related probate matter for Stephanie McAskill as personal representative, with Stephanie McAskill also present. Court noted that returns of service have not yet been filed, and Attorney Furnari advised that she believes service has been effectuated and is working with the constable to have returns filed with the court. By May 17, 2022, Attorney Furnari to file returns of service with the court, or if she is unable to do so, file a status report as to service. Attorney Addeo provided an update on the related probate matter, where Stephanie McAskill has been appointed Personal Representative and the case marked as closed, but a petition for complete settlement has not been filed. With respect to the related housing court case, Attorney Shapiro advised that a mediation is scheduled for May 20, 2022. Court then encouraged the parties to consider settlement or mediation in this case given the time and expense of litigation. Attorney Furnari advised that plaintiff is open to settlement, and Attorney Shapiro advised that his client recently sent a settlement offer to plaintiff in order to begin settlement discussions. Following colloquy, parties to continue settlement discussions, filing by May 25, 2022, a joint status report advising as to the status of settlement. Status conference scheduled for June 1, 2022, at 3:30 P.M., with court to mark the pending Motion for Dismiss up for hearing at such time, if necessary. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  18. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/01/2022 Time: 03:30 PM
  19. Event Resulted: Status Conference scheduled on: 06/01/2022 03:30 PM Has been: Status conference held via videoconference. Attorney Sheryl Furnari appeared on behalf of the plaintiff, Attorney Jordan Shapiro appeared on behalf of the Estate of Patricia Constance Molden, and Attorney Stephanie Addeo appeared as counsel in the related probate matter for Stephanie McAskill as personal representative, with Stephanie McAskill also present. Land Court mediator Barbara Macy also attended. Attorney Shapiro provided an update on the related Housing Court Case, advising that the parties met briefly with a housing court mediator but were unable to settle their dispute, and that a further Housing Court hearing is scheduled in that matter for July 11, 2022. Attorneys Addeo and Shapiro further advised that the mortgagee on the property may initiate foreclosure proceedings at the end of June, although a notice of foreclosure has not yet been sent. Attorney Barbara Macy then provided an overview of the Land Court's mediation program and the mediation process, and counsel advised that the parties are willing to mediate. Following colloquy, the Sessions Clerk to provide Attorney Macy with contact information for all counsel. Status conference scheduled for July 7, 2022, at 10:30 A.M., with the court at such time to address any outstanding issues with service, and discuss with counsel whether it may be appropriate to appoint a Guardian Ad Litem for defendant Roosevelt Molden. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  20. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 07/07/2022 Time: 10:30 AM
  21. Event Resulted: Status Conference scheduled on: 07/07/2022 10:30 AM Has been: Rescheduled to July 28, 2022 at 2:00 pm, per order of the court. Hon. Diane R. Rubin, Presiding
  22. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 07/28/2022 Time: 02:00 PM Counsel notified via email.
  23. Event Resulted: Status Conference scheduled on: 07/28/2022 02:00 PM Has been: Rescheduled to September 9, 2022 at 10:30 am, at the request of counsel and aby agreement of the court. Hon. Diane R. Rubin, Presiding
  24. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/09/2022 Time: 10:30 AM Counsel notified via email.
  25. Atty. Furnari emailed the court a status update: "Parties have negotiated a full agreement of all matters in the land court and housing court. Parties request this matter be put on hold pending the filing of a stipulated dismissal. Parties have agreed such stipulated dismissal will be filed upon the Defendant's securing a valid Purchase and Sale Agreement from a buyer to allow for the payment pursuant to the terms of a settlement. We request such hearing date of September 9, 2022 be taken off the list. Please let us know if the Court requires next steps." Counsel will file a further Joint Status Report on October 9, 2022.
  26. Event Resulted: Status Conference scheduled on: 09/09/2022 10:30 AM Has been: Canceled. Counsel reported this case settled and will be filing a Joint Status Report on October 9, 2022. Hon. Diane R. Rubin, Presiding

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