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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-10
Status Disposed for Statistical Purposes
Type Superior Court Refile After A Dismissal Nisi Order Mgl C 212 3 A(d) No Fee.
Docket 31 entries
Disposition default judgment

Parties

Plaintiff O'leary, Kate|O'leary, Jamie
Defendant Breiter Wu, Andrew|Breiter Planet Properties Llc

Lawyers

Docket Entries

  1. vent Resulted: Status Review (CV) scheduled on: 02/20/2025 09:00 AM Has been: Review Completed For the following reason: On Order of the Court Comments: No action taken Hon. Michelle Kelley, Presiding
  2. tatement of damages filed by Plaintiff alleging contract action for damages of $25000. or less(Dist./Mun.Cts.Supp.R.Civ.P. 102A)
  3. rder for judgment of Dismissal from Norfolk County Superior Court
  4. ivil action recommenced after a Superior Court dismissal nisi. Credit applied for filing fee [MGL C212 3A (b)].
  5. otion for SPECIAL PROCESS SERVER filed by Kate O'leary-Plaintiff, Jamie O'leary-Plaintiff. Allowed administratively
  6. eturn of service on complaint and summons to Andrew Breiter-Wu: Officer service SERVED at last and usual abode (Mass.R.Civ.P. 4(f)). on 9/1/23
  7. eturn of service on complaint and summons to Breiter Planet Properties Llc: Officer service SERVED to party's agent (Mass.R.Civ.P. 4(f)). on 9/1/23 to Denise Breiter, Executive Secretary
  8. pplication to clerk-magistrate to enter default against Andrew Breiter-Wu, Breiter Planet Properties Llc filed by Kate O'leary, Jamie O'leary (Mass.R.Civ.P. 55(a) & 77(b)).
  9. efault entered against Andrew Breiter-Wu, Breiter Planet Properties Llc by clerk-magistrate (Mass.R.Civ.P. 55(a) & 77(b)).
  10. otion for ENTRY OF DEFAULT JUDGMENT filed by Kate O'leary-Plaintiff, Jamie O'leary-Plaintiff.
  11. ffidavit of Michael B. Cosentino filed.
  12. vent Scheduled Event: Motion Hearing (CV) Date: 02/01/2024 Time: 09:00 AM Result: Held
  13. vent Resulted: Motion Hearing (CV) scheduled on: 02/01/2024 09:00 AM Has been: Held Judge: Moroney, Hon. Gloriann
  14. otion for ENTRY OF DEFAULT JUDGMENT allowed .
  15. udgment Entered:: Judgment for the Plaintiff , upon plaintiff's unopposed motion/req to dismiss Presiding: Hon. Gloriann Moroney Judgment For: Kate O'leary Jamie O'leary Judgment Against: Andrew Breiter-Wu Breiter Planet Properties Llc Terms of Judgment: Interest Begins: 08/10/2023 Jdgmnt Date: 02/01/2024 Interest Rate: .12 Daily Interest Rate: .000329 Damages: Damage Amt: 23940.00 Filing Fees: 195.00 Costs Pd to Court: 5.00 Other Costs: 3906.14 Judgment Total: 29,424.49
  16. xecution Issued: Execution on Money Judgment Judgment Debtor: Breiter-Wu, Andrew / Breiter Planet Properties Llc Judgment Creditor: O'leary, Kate / O'leary, Jamie Terms of Execution: EXON Issuance Date: 02/12/2024 Judgment Total: 29,424.49 Post Judgment Int. Rate: .12 Post Judgment Int. Total: 106.49 Execution Subtotal: 29,530.98 Execution Total: 29,530.98
  17. otion to REMOVE DEFAULT JUDGEMENT filed by Andrew Breiter-Wu-Defendant, Breiter Planet Properties Llc-Defendant. Request for a motion hearing filed by Andrew Breiter-Wu-Defendant, Breiter Planet Properties Llc-Defendant.
  18. vent Scheduled Event: Motion Hearing (CV) Date: 08/08/2024 Time: 09:00 AM Result: Held
  19. vent Resulted: Motion Hearing (CV) scheduled on: 08/08/2024 09:00 AM Has been: Held Hon. Thomas L. Finigan, Presiding
  20. otion to REMOVE DEFAULT JUDGMENT denied. Request for A MOTION HEARING filed by Andrew Breiter-Wu-Defendant, Breiter Planet Properties Llc- allowed. Motion to REMOVE DEFAULT JUDGEMENT filed by Andrew Breiter-Wu-Defendant, Breiter Planet Properties Llc- denied as Court does not find excusable neglect which would warrant relief under Rule 60(b)(1), the defendant has been on notice of action since time of Superior Court filing. See Berube v. McKesson Wine, 7 Mass. App. Ct. 426, 430 (1979)
  21. otion for EQUITABLE RELIEF TO IMPOSE AN EQUITABLE LIEN filed by Breiter Planet Properties Llc-Defendant, Andrew Breiter-Wu-Defendant.
  22. vent Scheduled Event: Motion Hearing (CV) Date: 12/12/2024 Time: 09:00 AM Result: Reschedule of Hearing
  23. otion to VACATE JUDGMENT UNDER RULE 60(B) filed by Andrew Breiter-Wu-Defendant.
  24. roposed court order for consideration by court filed.
  25. vent Scheduled Event: Motion Hearing (CV) Date: 12/26/2024 Time: 09:00 AM Result: Held
  26. orm generated: Notice of Next Event(Event Notice) CV Sent On: 12/17/2024 10:01:04
  27. vent Resulted: Motion Hearing (CV) scheduled on: 12/26/2024 09:00 AM Has been: Held - under advisement Hon. Thomas L. Finigan, Presiding
  28. he following matter was taken under advisement: .
  29. vent Scheduled Event: Status Review (CV) Date: 02/20/2025 Time: 09:00 AM Result: Review Completed
  30. orm generated: Notice of Next Event(Event Notice) CV Sent On: 12/26/2024 15:01:40
  31. otion to VACATE JUDGMENT UNDER RULE 60(B) denied.

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