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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-10-31
Status Open
Type Miscellaneous|Mtb Try Title, G.l. Chapter 240, § 1 5
Docket 35 entries

Parties

Plaintiff Grow Associates, Inc.
Defendant Randolph Dev, Llc|Popeye's Louisiana Kitchen, Inc.

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: 435539 Date: 10/31/2022
  4. Land Court surcharge Receipt: 435539 Date: 10/31/2022
  5. Land Court summons Receipt: 435539 Date: 10/31/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Plaintiff's Motion to Appoint Special Process Server, filed.
  8. Notice of Docket Entry: Motion to Appoint Special Process Server ALLOWED. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Sent On: 11/03/2022 13:20:09
  9. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Defendant: Popeye's Louisiana Kitchen, Inc. No addresses available Sent On: 11/07/2022 14:09:46
  10. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/02/2022 Time: 10:45 AM
  11. Case Management Conference Statement, filed.
  12. Event Resulted: Case Management Conference scheduled on: 12/02/2022 10:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding December 2, 2022. Case management conference held via Zoom. Attorneys Stephen Greenbaum and Rhonda Fogel appeared. Plaintiff reports that they have served the defendants but answer date has passed without filing of answer. Plaintiff may request entry of default under Mass. R. Civ. P. 55(a) and entry of default judgment under Mass. R. Civ. P. 55(b). If defendants appear and request that default be lifted the court will grant the request. Court informed plaintiff that the court (Foster, J.) previously represented National Amusements, Inc. in litigation concerning the subject properties, and will seek further input from the parties on the issues in this case before determining if recusal is appropriate. Continued case management conference set down for January 5, 2023 at 10:30 AM via Zoom. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)
  13. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Randolph Dev, LLC, filed.
  14. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Popeye's Louisiana Kitchen, Inc., filed.
  15. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/05/2023 Time: 10:30 AM
  16. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Sent On: 12/06/2022 10:10:27
  17. Event Resulted: Case Management Conference scheduled on: 01/05/2023 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 5, 2023. Continued case management conference held via Zoom. Attorneys Stephen Greenbaum and Rhonda Fogel appeared. Defendants have not appeared, and have been defaulted. Plaintiff may request entry of default judgment pursuant to Mass. R. Civ. P. 55(b). Plaintiff to file request for entry of default judgment, affidavit certifying allegations of complaint, memorandum of law, and proposed form of judgment by January 19, 2023, and also, by January 19, 2023, to serve the same upon defendants along with this docket entry and notice of default judgment hearing by zoom on February 6, 2023, with instruction to contact sessions clerk Burton-Rogers for zoom information. Plaintiff instructed that because subject property is registered land, plaintiff will be required to establish legal basis for relief sought, and that court will issue order with respect to the registration record. Default judgment hearing set down for February 6, 2023 at 10:30 AM via Zoom. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)
  18. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Sent On: 01/05/2023 12:58:25 Notice of Docket Entry was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Sent On: 01/05/2023 12:58:30
  19. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Sent On: 01/05/2023 12:59:04
  20. Scheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 02/06/2023 Time: 10:30 AM
  21. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 01/18/2023 Time: 10:30 AM
  22. Plaintiff's Motion for Entry of Default Judgment as to Defendant, filed.
  23. Memorandum in Support of Plaintiff's Motion for Entry of Default Judgment as to Defendant, filed.
  24. Affidavit of Scott Pralinsky, filed.
  25. Event Resulted: Status Conference scheduled on: 01/18/2023 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 18, 2023. Continued case management conference held via Zoom. Attorneys Stephen Greenbaum and Rhonda Fogel appeared. Chief Title Examiner Christina Geaney present. Plaintiff clarified that the defendants do not have a record easement over the private way. Plaintiff to file a Subsequent to Registration case containing the same details as the complaint in the present case as soon as possible. Court to enter an order consolidating with the present case once filed. Default judgment in this miscellaneous case will apply to Subsequent to Registration case. No further notice to defaulted defendants is required. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  26. Event Resulted: Hearing scheduled on: 02/06/2023 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding February 6, 2023. Hearing held via Zoom. Attorney Stephen Greenbaum appeared. Default judgment hearing continued to March 7, 2023 at 10:15 AM via Zoom. Plaintiff to provide 14-day notice of hearing pursuant to Mass. R. Civ. P. 55(b)(2) and file affidavit of service with the court. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  27. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Sent On: 02/06/2023 13:06:53
  28. Scheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 03/07/2023 Time: 10:15 AM
  29. Affidavit of Notice, filed.
  30. Event Resulted: Hearing scheduled on: 03/07/2023 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 7, 2023. Hearing held via Zoom. Attorneys Stephen Greenbaum and Kelly Shanahan appeared. Chief Title Examiner Christina Geaney present. Parties report that they are close to reaching a settlement agreement which would not require amendments to the certificate of title. Plaintiff no longer plans to file an S-case. Attorney Shanahan to file notice of appearance. Attorney Shanahan to file motion to substitute Randolph Chicken LLC, for Popeyes Louisiana Kitchen as defendant. Parties to include both defendants in the agreement for judgment. Parties to file their agreement for judgment for approval, or if not, a joint status report by April 7, 2023. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  31. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Sent On: 03/08/2023 10:54:55
  32. Plaintiff's Status Report, filed.
  33. Appearance of Kelly J Shanahan, Esq. for Randolph Dev, LLC, filed
  34. Defendants Motion to Substitute Party and Amend Complaint, filed.
  35. Notice of Docket Entry: Defendants' Motion to Substitute Party and Amend Complaint ALLOWED. Defendants are ORDERED to file an answer to the complaint no later than April 20, 2023. If no answer is filed, defendants' defaults will remain and default judgment shall enter. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen A Greenbaum, Esq. [email protected] Plaintiff: Rhonda B Fogel, Esq. [email protected] Defendant: Kelly J Shanahan, Esq. [email protected] Sent On: 04/06/2023 14:54:36

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