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Case Information
Filed
2021-11-10
Status
Open
Type
Miscellaneous|Ota Other
Docket
18 entries
Parties
Plaintiff
First Suffolk Llc
Defendant
Fitzgerald, Margaret|Doe, John
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 426495 Date: 11/10/2021
- Land Court surcharge Receipt: 426495 Date: 11/10/2021
- Land Court summons Receipt: 426495 Date: 11/10/2021
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent.
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 01/03/2022 Time: 09:30 AM
- Event Resulted: Case Management Conference scheduled on: 01/03/2022 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding January 3, 2022. Case management conference held by videoconference. Attorney Rosemary A. Traini appeared for the plaintiff. The plaintiff has brought this action seeking a declaratory judgment that the plaintiff is the rightful owner by adverse possession of a portion of land omitted from a 1944 deed, as well as reformation of the deed to include the omitted portion. Attorney Traini represented that she and her client have secured a third-party vendor to conduct a genealogy search to attempt to locate any heirs, successors, or assigns to the 1944 owner of the property. Following colloquy, the court scheduled a status conference to be held via videoconference on March 7, 2022 at 9:30 a.m. Counsel may effect service on any interested parties or file a motion for service by publication accompanied by an affidavit of diligent search prior to the March 7 status conference. (Smith, J.)
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 03/07/2022 Time: 09:30 AM
- Event Resulted: Status Conference scheduled on: 03/07/2022 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding March 7, 2022. Status conference held by videoconference. Attorney Rosemary A. Traini appeared for the plaintiff. Attorney Traini updated the court on efforts to locate any heirs, successors, or assigns to Margaret Fitzgerald. After an additional thirty days to allow any potential defendant to appear, the plaintiff shall file a motion for service by publication accompanied by affidavit(s) of diligent search, upon which the court may act without further hearing unless otherwise ordered. The court will schedule a further status conference following service by publication. (Smith, J.).
- Email from Attorney Traini requesting an extra thirty (30) days to file Motion for Service by Publication, request is ALLOWED. The plaintiff will now have until May 6, 2022 to file the motion. Judge: Smith, Hon. Kevin T.
- Motion for Service by Publication, filed (by email).
- Motion for Service by Publication, ALLOWED (Smith, J.).
- Citation by publication in the Boston Globe/Herald or Mass Law.Wkly, returnable 05/15/2023, issued. (Copy emailed and mailed to: Rosemary A Traini, Esq. [email protected])
- Return of Service by Publication with tear sheet included and filed
- Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 08/15/2023 Time: 09:00 AM
- Event Resulted: Status Conference scheduled on: 08/15/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding August 15, 2023. Status conference held via videoconference. Attorney Rosemary Traini appeared for the plaintiff. Attorney Traini informed the court that, following the return of service by publication, the plaintiff is preparing to file a request for entry of default under Mass. R. Civ. P. 55(a) and motion for entry of default judgment under 55(b). With the motion for default judgment, the plaintiff should file a draft proposed judgment that accurately describes the requested relief. The court will await the plaintiff's motion and papers, and the plaintiff may request a further status conference with the court if necessary. (Smith, J.).
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