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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-06-21
Status Closed
Type Miscellaneous|Mtb Try Title, G.l. Chapter 240, § 1 5
Docket 52 entries

Parties

Plaintiff Young, Carette
Defendant Jp Morgan Chase Bank, N.a.

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 Dismissed Type: Indigency Dismissed Date: 06/21/2023 Dismissed Amount: 240.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Fee Waived - Indigency Dismissed By: SHEGARTY
  4. Land Court surcharge Dismissed Type: Indigency Dismissed Date: 06/21/2023 Dismissed Amount: 15.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Fee Waived - Indigency Dismissed By: SHEGARTY
  5. Land Court summons Dismissed Type: Indigency Dismissed Date: 06/21/2023 Dismissed Amount: 5.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Fee Waived - Indigency Dismissed By: SHEGARTY
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Affidavit of Indigency, filed.
  8. Determination Regarding Indigency, issued Copy mailed. Judge: Smith, Hon. Kevin T.
  9. Financial Notes: Fee Waiver Auth.
  10. Carette Young's Motion for Preliminary Injunction, filed.
  11. Carette Young's Affidavit, filed.
  12. This Case has been RE-ASSIGNED to the Hon. Michael D. Vhay. Notice of re-assignment sent to counsel and Pro Se of record by email.
  13. The Court has received Ms. Young's motion for a preliminary injunction. While she has not yet filed a formal appearance, counsel for defendant JPMorgan Chase Bank has been in contact with Ms. Young and the Court concerning the motion. With the parties' assent, the Court ORDERS the parties to appear in person on July 5, 2023, at 9:30 AM for a hearing on Ms. Young's motion. The Court ORDERS the Bank to file by July 3, 2023, at 3:00 PM any written opposition to the motion. The Court ADVISES the parties that, pursuant to Rule 65(b)(2) of the Massachusetts Rules of Civil Procedure, the Court may order a trial or other disposition of this case to be advanced on the Court's calendar. The Court thus ORDERS the parties to be prepared at the July 5, 2023, hearing to discuss whether a trial on the claims Ms. Young raises in her complaint will be needed, and if so, who the parties' likely witnesses would be. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Carette Young [email protected] Sent On: 06/29/2023 14:31:08
  14. Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 07/05/2023 Time: 09:30 AM
  15. Appearance of Anne Virginia Dunne, Esq. for JPMorgan Chase Bank, N.A. Successor by Merger to Chase Home Finance LLC, filed
  16. Opposition to Motion for Preliminary Injunction, filed.
  17. Appearance of Pro Se for Carette Young, filed
  18. Memorandum of L aw in Support of Motion for Injunctive Relief, filed.
  19. Event Resulted: Hearing on Preliminary Injunction scheduled on: 07/05/2023 09:30 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  20. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  21. Hearing on plaintiff Carette Young's motion for preliminary injunction and initial intervention event held. Ms. Young appeared representing herself. Defendant JPMorgan Chase Bank appeared through counsel. Ms. Young seeks a declaration in this action that a mortgage on her property has been discharged as a matter of law. The Bank contends the mortgage remains in effect, and that both prior lawsuits involving the parties as well as a settlement agreement bar Young's claims in this lawsuit. After hearing from the parties, the Court takes Ms. Young's motion UNDER ADVISEMENT, pending the Bank's filing by 4:00 PM on July 6, 2023, of notice whether it agrees not to conduct a foreclosure sale of Ms. Young's property prior to August 21, 2023, at 4:30 PM. The Court ORDERS the Bank to file by July 12, 2023, a motion for summary judgment. The Court ORDERS Ms. Young to file by August 11, 2023, opposition to the Bank's motion and any motion of her own (a "cross-motion") for summary judgment. If Ms. Young files a cross-motion for summary judgment, the Court ORDERS the Bank to file by August 16, 2023, any opposition to said cross-motion. The parties advised the Court that some of the materials in this case may be confidential or subject to impoundment orders of other courts. The Court ORDERS the parties to contact the Court's Sessions Clerk to arrange for proper filing of such materials and for instructions on moving this Court to impound materials in this case. The Court ORDERS the parties to appear on August 21, 2023, at 10:00 AM for an in-person hearing on all motions for summary judgment in this action. The Court REMINDS the parties that their motions and oppositions must comply with Rule 56 of the Massachusetts Rules of Civil Procedure and Land Court Rule 4. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Anne Virginia Dunne, Esq. [email protected] Plaintiff: Carette Young [email protected] Sent On: 07/05/2023 13:22:24
  22. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 08/21/2023 Time: 10:00 AM
  23. Summons returned to Court with service on JPMorgan Chase Bank, N.A. Successor by Merger to Chase Home Finance LLC filed.
  24. Notice, filed.
  25. The Bank has filed a notice that it does not intend to conduct a foreclosure sale of Ms. Young's property prior to 4:30 PM on August 21, 2023. The Court DEEMS the notice to be a stipulation by the Bank. The Court thus DENIES Ms. Young's motion for preliminary injunction as MOOT. She may renew the motion at the August 21, 2023, hearing in this matter. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Anne Virginia Dunne, Esq. [email protected] Plaintiff: Carette Young [email protected] Sent On: 07/06/2023 14:02:38
  26. Motion for Extension of Time, filed.
  27. Event Resulted: Hearing scheduled on: 08/21/2023 10:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  28. The Court has received, and GRANTS, the Bank's motion for extension of time. The Court ORDERS the Bank to file its motion for summary judgment by July 19, 2023. The Court ORDERS Ms. Young to file by August 18, 2023, any opposition and cross-motion for summary judgment. The Court ORDERS the Bank to file by August 25, 2023, any opposition to any cross-motion filed by Ms. Young. The Court ORDERS the parties to appear on September 12, 2023, at 10:00 AM for a hearing on all motions for summary judgment. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Anne Virginia Dunne, Esq. [email protected] Plaintiff: Carette Young [email protected] Sent On: 07/10/2023 18:02:09
  29. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 09/12/2023 Time: 10:00 AM
  30. Motion by Defendant JPMorgan Chase Bank, N.A. to Impound Confidential Settlement Agreement and Materials Subject to an Impoundment Order of the Norfolk Superior Court, filed.
  31. Declaration of Anne. V. Dunne in Support of Motion to Impound Confidential Settlement Agreement and Materials Subject to an Impoundment Order of the Norfolk Superior Court., filed.
  32. The Court has received JPMC Bank's Motion to Impound Confidential Materials. Because the motion pertains to the Bank's motion for summary judgment (which is due today by prior Court order and agreement of the parties), the Court GRANTS the motion temporarily so that the Bank does not violate the current scheduling order. See Trial Court Rule VIII, Rules 3(a)-(b). The Court ORDERS Ms. Young to file by July 28, 2023, any objection to the Bank's Motion. The Court will impound the Bank's materials until further order of the Court, which the Court anticipates issuing once Ms. Young's response is received or the deadline for a response has passed. A separate impoundment order will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Anne Virginia Dunne, Esq. [email protected] Plaintiff: Carette Young [email protected] Sent On: 07/19/2023 12:39:43
  33. Order Pursuant to Uniform Rules on Impoundment Procedure, Rule 8, Issued. Judge: Vhay, Hon. Michael D.
  34. JPMorgan Chase Bank, N.A. Successor by Merger to Chase Home Finance LLC's Combined Motion to Dismiss and Motion for Summary Judgment, filed.
  35. Redacted JPMorgan Chase Bank, N.A. Successor by Merger to Chase Home Finance LLC's Memorandum in Support of Its Combined Motion to Dismiss and Motion for Summary Judgment, filed.
  36. Redacted Statement of Undisputed Material Facts in Support of Defendant's Motion to Dismiss and for Summary Judgment, filed.
  37. Index to Impounded Appendix of Documents on Combined Motion to Dismiss and for Summary Judgment by Defendant, filed.
  38. Without objection, the Court EXTENDS the July 19, 2023, impoundment order in this case. The order in this case will expire immediately upon termination of the Superior Court's impoundment order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Anne Virginia Dunne, Esq. [email protected] Plaintiff: Carette Young [email protected] Sent On: 08/01/2023 11:09:25
  39. Carette's Opposition to Chase's Motion for Summary Judgment and Carette's Cross Motion for Partial Summary Judgment, filed.
  40. Memorandum of Law in Support of Carette's Opposition to Chase's Combined Motion to Dismiss and for Summary Judgment and Memorandum of Law in Support of Carette's Motion for Partial Summary Judgment, filed.
  41. Index to Impounded Appendix of Documents on Combined Motion to Dismiss and for Summary Judgment, filed.
  42. The Court has received Ms. Young's opposition to JPMorgan Chase's motion for summary judgment and her cross-motion for summary judgment. Ms. Young's opposition and her cross-motion do not comply with Land Court Rule 4, as she's failed to (a) respond to JPMorgan Chase's Rule 4 statement of facts and (b) identify the allegedly undisputed facts in support of her cross-motion. The Court ORDERS Ms. Young to file by August 28, 2023, the statement(s) that Land Court Rule 4 requires. If Ms. Young does not comply with this Order, then in accordance with Rule 4, the Court may (1) treat all of JPMorgan Chase's alleged facts as true and/or (2) deny Ms. Young's cross-motion for lack of factual support. The Court GRANTS JPMorgan Chase leave to file its opposition to Ms. Young's cross-motion one week after Young files her Rule 4 statement. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Anne Virginia Dunne, Esq. [email protected] Plaintiff: Carette Young [email protected] Sent On: 08/22/2023 07:55:33
  43. Statement of Undisputed Material Facts in Support of Young's Cross Motion for Partial Summary Judgment, filed.
  44. Carette Young's Response to JPMorgan Chase's Rule 4 Statement of Facts, filed.
  45. JPMorgan Chase Bank, N.A. Successor by Merger to Chase Home Finance LLC's Opposition to Cross-Motion for Summary Judgment, filed.
  46. JPMorgan Chase Bank, N.A. Successor by Merger to Chase Home Finance LLC's Response to Plaintiff's Statement of Undisputed Material Facts in Support of the Cross-Motion for Partial Summary Judgment, filed.
  47. Appearance of Michael E Jusczyk, Esq. for JPMorgan Chase Bank, N.A. Successor by Merger to Chase Home Finance LLC, filed
  48. Carette Young's Response to Chase's Opposition to Carette Young's Cross-Motion for Summary Judgment, filed.
  49. Verified Affidavit of Carette Young, filed.
  50. Event Resulted: Hearing scheduled on: 09/12/2023 10:00 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  51. Hearing held in-person on JPMorgan Chase Bank, N.A.'s motion for summary judgment and Carette Young's cross-motion for summary judgment. Ms. Young appeared representing herself. The Bank appeared through counsel. For the reasons stated on the record, the Court GRANTS the Bank's motion for summary judgment and DENIES Ms. Young's cross-motion. The Court also DENIES Ms. Young's motion to stay the Bank's September 13, 2023, foreclosure sale, without prejudice to Ms. Young seeking a stay from the Superior Court or the Appeals Court. A separate judgment of dismissal will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Defendant: Michael E Jusczyk, Esq. [email protected] Defendant: Anne Virginia Dunne, Esq. [email protected] Plaintiff: Carette Young [email protected] Sent On: 09/12/2023 14:18:43
  52. Judgment entered. (Copies emailed to Pro Se Plaintiff Carette Young and Attorneys Anne Dunne and Michael Jusczyk) Judge: Vhay, Hon. Michael D.

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