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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-17
Status Open
Type Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket 27 entries

Parties

Plaintiff Brown, Gloria
Defendant Brown, Sharyon

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: 08/17/2023 Dismissed Amount: 240.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Fee Waived - Indigency [Thursday, August 17, 2023 2:30 PM] Dismissed By: SHEGARTY
  4. Land Court surcharge Dismissed Type: Indigency Dismissed Date: 08/17/2023 Dismissed Amount: 15.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Fee Waived - Indigency [Thursday, August 17, 2023 2:30 PM] Dismissed By: SHEGARTY
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Land Court summons Dismissed Type: Indigency Dismissed Date: 08/17/2023 Dismissed Amount: 5.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Fee Waived - Indigency [Thursday, August 17, 2023 2:30 PM] Dismissed By: SHEGARTY
  7. Affidavit of Indigency, filed.
  8. Appearance of Pro Se for Gloria Brown, filed
  9. Determination Regarding Indigency, issued Judge: Patterson, Deborah J.
  10. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment sent to Pro Se by mail also.
  11. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 09/21/2023 Time: 10:30 AM
  12. Summons returned to Court with service on Sharyon Brown filed.
  13. Email from Ms. Gloria Brown, filed.
  14. Motion for General Default G.L.c.185, §42 and G.L.c. 60, §67, filed.
  15. The Court DIRECTS the Recorder to enter the default of defendant Sharyon Brown in this action. The Court CONVERTS the September 21, 2023, case-management conference in this matter to a status conference. The Court EXCUSES Gloria Brown from filing a case-management conference statement, but she still must attend the September 21, 2023, conference by telephone. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gloria Brown 80 Seminole Street, Hyde Park, MA 02136 Sent On: 09/18/2023 15:31:51 Notice of Docket Entry sent to Pro Se Gloria Brown by email.
  16. Event Resulted: Case Management Conference scheduled on: 09/21/2023 10:30 AM Has been: Continued Comments: CONVERTED to a Status Conference Hon. Michael D. Vhay, Presiding
  17. Defendant Sharyon Brown defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  18. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 09/21/2023 Time: 10:30 AM
  19. The Court has received Gloria Brown's Motion for General Default. The Court DENIES the motion because by order dated September 19, 2023, the Court has already defaulted defendant Sharyon Brown. The Court will discuss with Gloria Brown, at tomorrow's status conference, the next steps for her to obtain a judgment against Sharyon. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gloria Brown [email protected] Sent On: 09/20/2023 09:49:42
  20. Event Resulted: Status Conference scheduled on: 09/21/2023 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  21. Telephonic status conference held. Gloria Brown appeared representing herself. No other parties appeared. After hearing from Ms. Brown, the Court ORDERS her to file by September 28, 2023 an amended complaint naming CareOne Management LLC and CareOne at Randolph as defendants. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gloria Brown [email protected] Sent On: 09/21/2023 11:55:14
  22. Email Request for Clarification of the Court's Order, filed.
  23. Ms. Brown has asked for clarification of the Court's order directing her to amend her complaint. In order to comply with that order, Ms. Brown needs to take the information she put in her first complaint and add to that information the following: (a) the names and addresses of both Care One companies, which she should describe as "defendants" in the case (in addition to Sharyon Brown); and (b) a statement that she is naming the Care One companies as "defendants" in the case only because they have recorded Writs of Attachment against the Brown property. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gloria Brown [email protected] Sent On: 09/21/2023 14:14:15
  24. Notice of Appeal by Gloria Brown to the filed.
  25. Motion to Stay Pending Appeal, filed.
  26. Notice of Appeal by Gloria Brown to the Appeals Court filed.
  27. The Court has received Gloria Brown's Notice of Appeal and Motion to Stay Pending Appeal. The Court DISMISSES Ms. Brown's Notice of Appeal and DENIES her Motion to Stay Pending Appeal. The Notice of Appeal challenges this Court's September 21, 2023, order directing Ms. Brown to amend her complaint. "If a party wishes to seek appellate review of an interlocutory order before the entry of final judgment¿the party generally only has two alternatives. First, the party may ask the judge under Mass. R. Civ. P. 64(a) to report the interlocutory finding or order to the appeals Court, and the judge may do so where he or she concludes that the finding or order 'so affects the merits of the controversy that the matter ought to be determined by the [A]ppeals [C]ourt before any further proceedings in the trial court.'" Patel v. Martin, 481 Mass. 29, 31-32 (2018), quoting Mass. R. Civ. P. 64(a). Ms. Brown has not asked the Court for authorization to appeal under Rule 64(a). Alternately, "the party has the right to petition for relief under G.L. c. 231, § 118, from a single justice of the Appeals Court, who may, in his or her discretion, grant the relief." Patel, 481 Mass. at 32. Ms. Brown has not petitioned for relief under sec. 118 either. See also Massachusetts Appeals Court Rule 20 (listing the contents of a petition for relief pursuant to G.L. c. 231, § 118). Since Ms. Brown has followed neither route for seeking review of the Court's September 21, 2023, order, it's appropriate for the Court to dismiss Ms. Brown's Notice of Appeal. See Maciuca v. Papit, 31 Mass. App. Ct. 540, 544 (1991); Crystal Construction Corp. v. Hartigan, 56 Mass. App. Ct. 324, 331 n. 5 (2002). Since the Notice of Appeal is ineffective, Ms. Brown's Motion to Stay Pending Appeal is moot. Instead, the Court ORDERS Ms. Brown to appear by telephone on October 20, 2023, at 2:00 PM, to show cause for her failure to comply with the Court's September 21, 2023 order. A separate notice of telephonic hearing will issue. The Court ADVISES Ms. Brown that if she fails to appear for the October 20, 2023, hearing, or fails to demonstrate good cause for not obeying the Court's September 21, 2023, order, the Court may dismiss her complaint for failing to name indispensable parties. See Massachusetts Rule of Civil Procedure 19(b). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gloria Brown [email protected] Sent On: 10/16/2023 08:32:14

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