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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-10
Status Closed
Type Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket 22 entries

Parties

Plaintiff Tobin, Leslie
Defendant Foster, Toni Lee

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: 438990 Date: 03/10/2023
  4. Land Court surcharge Receipt: 438990 Date: 03/10/2023
  5. Land Court summons Receipt: 438990 Date: 03/10/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Jeffrey B Loeb, Esq. [email protected] Sent On: 03/17/2023 12:14:41
  8. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 04/25/2023 Time: 02:00 PM Counsel notified via email.
  9. Summons returned to Court with service on Toni Lee Foster Personal Representative of the Estate of Margaret E. Martin filed. Served at the last and usual place of abode and by mailing first class mail on April 10, 2023.
  10. Case Management Conference Memorandum, filed.
  11. Appearance of Ashley M Berger, Esq. for Leslie Tobin Individually and as Personal Rep. of the Est. of Ralph Goodick, filed
  12. Event Resulted: Case Management Conference scheduled on: 04/25/2023 02:00 PM Has been: Case management conference held via videoconference. Attorney Ashley Berger appeared on behalf of the Plaintiff. Court is in receipt of the Plaintiff's Case Management Conference Memorandum. By way of background, plaintiff seeks reformation based on mutual mistake of a deed for the property at 54 Fountain Lane, Unit 6, Weymouth, wherein Ralph Goodick granted himself a life estate, and granted the fee to Margaret Martin. Attorney Berger explained that the parties to the deed (both now deceased) intended to grant Ms. Martin a life estate with the fee to revert back to Mr. Goodick, and that efforts were made to correct the documents before Mr. Goodick's death in 2019, but the process was never completed. Attorney Berger further advised that as part of those efforts, Ms. Martin's children (Toni Lee Foster and Michael Martin) each previously signed a release of interest in the property and that Jonathan Young, the drafting attorney for the deed at issue, had filed Land Court Case 18 SBQ 34387 12-001 on behalf of Mr. Goodick. Following colloquy, Attorney Berger to reach out to Attorney Young regarding Case No. 18 SBQ 34387 12-001, and court to have that case reassigned to the Hon. Diane R. Rubin. Court then discussed with Attorney Berger how best to resolve this case, whether by an order approving agreement for judgment under land court Rule 10, or a default judgment. Following colloquy, Attorney Berger to endeavor to contact Ms. Martin's children to obtain release deeds or assents or reach an agreement for judgment, or else endeavor to obtain an affidavit from Attorney Young as the drafter of the deed at issue (unless the Affidavit filed in 18 SBQ 34387 12-001 is sufficient evidence of mutual mistake). Status conference scheduled in 23 MISC 000105 and 18 SBQ 34387 12-001 on June 22, 2023, at 10:00 A.M., with Attorney Berger to file a status report by June 15, 2023. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  13. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/22/2023 Time: 10:00 AM
  14. Motion to Continue Status Conference, filed and ALLOWED. Status Conference Rescheduled to July 24, 2023 at 2:00 pm. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  15. Event Resulted: Status Conference scheduled on: 06/22/2023 10:00 AM Has been: Rescheduled to July 24, 2023 at 2:00 pm. Hon. Diane R. Rubin, Presiding
  16. Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 07/24/2023 Time: 02:00 PM
  17. Affidavit, filed.
  18. Joint Status Report, filed.
  19. Event Resulted: Status Conference scheduled on: 07/24/2023 02:00 PM Has been: Status conference held via videoconference. Attorney Jeffrey Loeb appeared on behalf of the Plaintiff in 23 MISC 000105, and Land Court Title Examiner Attorney James Bothwell attended. Court is in receipt of the Affidavit of Attorney Jonathan C. Young, and Plaintiff's Status Report. Court discussed with Attorney Loeb how best to resolve these cases procedurally, given that Plaintiff appears to be entitled to reformation based on the filings to date in both 23 MISC 000105 and 18 SBQ 34387 12 - 001. Following colloquy, court consolidated 23 MISC 000105 and 18 SBQ 34387 12 - 001 for case management purposes. By August 24, 2023, plaintiffs to file in 23 MISC 000105 a Request for Default pursuant to Mass. R. Civ. P. 55(a) and an Application for Entry of Default Judgment pursuant to Mass. R. Civ. P. 55(b). Based on any entry of default judgment in 23 MISC 000105, final order to issue in 18 SBQ 34387 12 - 001. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  20. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Toni Lee Foster Personal Representative of the Estate of Margaret E. Martin, filed.
  21. Defendant Toni Lee Foster Personal Representative of the Estate of Margaret E. Martin defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  22. Motion for Default Judgment Pursuant to 55(b), filed.

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