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Case Information
Filed
2021-12-29
Status
Activity Suspended
Type
Torts|Other Tortious Action
Docket
35 entries
Parties
Plaintiff
Dellorusso, Joseph
Defendant
Delphi Health Holdings, Llc D/b/a Serenity At Summit New England|Sbh Haverhill, Llc
Lawyers
Docket Entries
- Civil action cover sheet filed.
- Complaint electronically filed.
- Case assigned to: DCM Track F - Fast Track was added on 12/30/2021
- Service Returned for in hand on 1/27/21 Applies To: Delphi Health Holdings, Llc D/B/A Serenity At Summit New England (Defendant)
- Joseph Dellorusso's request for Default 55(a) Applies To: Delphi Health Holdings, Llc D/B/A Serenity At Summit New England (Defendant)
- Affidavit filed by Plaintiff Joseph Dellorusso in support of Plaintiff's Application For Entry Of Default Pursuant To Mass.R.Civ.P.55(a)
- Entered as to: Defendant Delphi Health Holdings, Llc D/B/A Serenity At Summit New England: Defaulted by 55(a) request; ***REMOVED/VACATED (See Endorsement on Paper No. 7)***
- Document: A Default order Mass. R. Civ. P. 55(a) was generated and sent to: Plaintiff, Attorney: Scott Jay Tucker, Esq. Tucker, Dyer and O'Connell, LLP 199 Wells Ave Suite 301, Newton, MA 02459 Defendant: Delphi Health Holdings, Llc D/B/A Serenity At Summit New England 1901 W. Cypress Creek Road, Fort Lauderdale, FL 33309
- Plaintiff Joseph Dellorusso's Motion for entry of Judgment and request for assessment of Damages
- The following form was generated: Notice to Appear Sent On: 04/05/2022 16:34:53
- Case file images - Notice to appear for Damage Assessment Hearing on 5/1222 at 2:00 p.m. via Zoom
- Plaintiff Joseph Dellorusso's Motion to Remove Default And Enlarge Time To Serve Process Pursuant To Mass.R.Civ.P.6(b)
- Endorsement on Motion to Remove Default and Enlarge Time to Serve Process Pursuant to Mass. R. Civ. P. 6(b) (#7.0): ALLOWED Judge: Lang, Hon. James F
- Event Result:: Damage Assessment Hearing scheduled on: 05/12/2022 02:00 PM Has been: Not Held For the following reason: Request of Plaintiff Hon. James F Lang, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
- Amended: First amended complaint filed by Joseph Dellorusso
- Party status: Defendant Delphi Health Holdings, Llc D/B/A Serenity At Summit New England: Inactive;
- Service Returned for Defendant SBH Haverhill, LLC Doing Business as Serenity at Summit: Service accepted by counsel;
- Attorney appearance On this date Matthew Joseph Holmes, Esq. added for Defendant SBH Haverhill, LLC Doing Business as Serenity at Summit
- Answer To Plaintiff's First Amended Complaint with a claim for jury trial
- Party(s) file Stipulation Of The Parties To Stay The Time For Plaintiff To File An Offer Of Proof And For Defendant To Request A Hearing Before The Tribunal Pending The Court's Decision On Plaintiff's motion To Strike Certain Affirmative Defense Applies To: Dellorusso, Joseph (Plaintiff); SBH Haverhill, LLC Doing Business as Serenity at Summit (Defendant)
- Plaintiff Joseph Dellorusso's Motion to strike the Defendant's affirmative defendants RE: Medical Malpractice Tribunal and for costs
- Opposition to to plaintiff's motion to strike the defendant's affirmative defenses filed by SBH Haverhill, LLC Doing Business as Serenity at Summit
- Reply/Sur-reply to Defendant's opposition to Plaintiff's motion to strike Defendants affirmative defenses RE: Medical Malpractice tribunal and for costs
- Affidavit Of Scott J. Tucker in Compliance with Superior Court Rule 9a
- Plaintiff Joseph Dellorusso's Request for hearing
- Rule 9A notice of filing
- Endorsement on Stipulation of the parties to stay the time for Plaintiff to file an offer of proof and for Defendant to request a Hearing before the Tribunal pending the court's decision on the plaintiff's motion to strike certain affirmative defense. (#11.0): ALLOWED Judge: Lang, Hon. James F
- Endorsement on Motion to strike the Defendant's affirmative Defenses RE: Medical Malpractice tribunal and for costs (#12.0): ALLOWED After review of the pleadings, the plaintiff's motion to strike the contested affirmative defenses is ALLOWED. The court denies the plaintiff's request for imposition of sanctions pursuant to G.L.c.231, Sec 6 F, as it does not find the pleading of the affirmative defenses or the opposition to the instant motion to be wholly insubstantial, frivolous, and not advanced in good faith "although a close call is presented on that issue".
- Plaintiff, Defendant Joseph Dellorusso, SBH Haverhill, LLC Doing Business as Serenity at Summit's Joint Motion to extend the tracking order.
- Attorney appearance On this date Matthew S Prunk, Esq. added for Plaintiff Joseph Dellorusso
- Endorsement on Motion to extend the tracking order (#13.0): ALLOWED ALLOWED (Attest ATMitchell Asst Clerk)
- Defendant SBH Haverhill, LLC Doing Business as Serenity at Summit's Submission of Suggestion of Bankruptcy Applies To: Holmes, Esq., Matthew Joseph (Attorney) on behalf of SBH Haverhill, LLC Doing Business as Serenity at Summit (Defendant)
- Party Status: Defendant SBH Haverhill, LLC Doing Business as Serenity at Summit: Inactive: Suggestion of Bankruptcy;
- Order issued on Defendant SBH Haverhill, LLC Doing Business as Serenity at Summit suggestion of Bankruptcy (#14.0)
- Party(s) file Stipulation of Dismissal Pursuant to Rule 41(a)(1)(ii) of the Massachusetts Rule of Civil Procedure, the parties have stipulated that this action be dismissed without prejudice and without the imposition of costs. Applies To: Dellorusso, Joseph (Plaintiff); SBH Haverhill, LLC Doing Business as Serenity at Summit (Defendant)
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