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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-21
Status Open
Type Environmental
Docket 62 entries

Parties

Plaintiff Da Silva, Nicholas|Da Silva, Stephanie
Defendant Pray, Russell K|Earthsource, Inc.|C. Carney Environmental|John Doe 1 10

Lawyers

Docket Entries

  1. Complaint electronically filed.
  2. Civil action cover sheet filed.
  3. Plaintiffs Nicholas DaSilva, Stephanie DaSilva's Motion for Appointment as Process Server (Jon Pollack and/or any of his employees)
  4. Case assigned to: DCM Track F - Fast Track was added on 02/21/2023
  5. Endorsement on Motion for appointment as process server under Rule 4C (#3.0): ALLOWED (Garrett R. Fregault, Assistant Clerk/Magistrate) Judge: Unassigned
  6. One Trial case reviewed by Clerk, case to remain in the Superior Court. Judge: Fregault, Garrett R
  7. Service Returned for Applies To: Russell K Pray Trustee of The Pine Tree Farm Minors Trust (Defendant)
  8. Service Returned for Applies To: Earthsource, Inc. (Defendant)
  9. Service Returned for Applies To: C. Carney Environmental (Defendant)
  10. Answer to original complaint Applies To: Earthsource, Inc. (Defendant)
  11. Attorney appearance On this date Patrick P Dinardo, Esq. added as Private Counsel for Defendant Earthsource, Inc.
  12. Attorney appearance On this date Luke Breckenridge, Esq. added as Private Counsel for Defendant Earthsource, Inc.
  13. Attorney appearance On this date Michael P Morizio, Esq. added as Special and Limited Appearance Counsel for Defendant C. Carney Environmental for purposes of filing Superior Court Rule 9E Notice
  14. Attorney appearance electronically filed.
  15. Counterclaim filed.
  16. Attorney appearance electronically filed.
  17. Attorney appearance On this date Matthew Watsky, Esq. added as Private Counsel for Defendant Russell K Pray Trustee of The Pine Tree Farm Minors Trust
  18. Attorney appearance On this date Rachel Watsky, Esq. added as Private Counsel for Defendant Russell K Pray Trustee of The Pine Tree Farm Minors Trust
  19. Answer with a counterclaim Applies To: Russell K Pray Trustee of The Pine Tree Farm Minors Trust (Defendant)
  20. Answer to the counterclaim Applies To: DaSilva, Nicholas (Plaintiff); DaSilva, Stephanie (Plaintiff)
  21. Defendant C. Carney Environmental's Motion to dismiss all counts with Request to Strike Return of Service and Revoke Appointment of Special Process Server.
  22. Affidavit of Jonathan Pollack.
  23. Affidavit of Lynne Morin
  24. Affidavit of Janet Duarte.
  25. Opposition to Motion to Dismiss filed by Nicholas DaSilva, Stephanie DaSilva
  26. Affidavit of compliance with Superior Court Rule 9C Applies To: Morizio, Esq., Michael P (Attorney) on behalf of C. Carney Environmental (Defendant)
  27. Defendant C. Carney Environmental's Assented to Motion in limine to continue / reschedule an event 07/28/2023 02:00 PM Rule 12 Hearing
  28. Endorsement on Motion to reschedule rule 12 hearing date (#14.0): ALLOWED by agreement. (Garrett R. Fregault, Assistant Clerk/Magistrate) Judge: Unassigned
  29. Event Result:: Rule 12 Hearing scheduled on: 07/28/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Garrett R Fregault, Assistant Clerk Magistrate
  30. Event Result:: Rule 12 Hearing scheduled on: 08/17/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Defendant Mark A Ferriera, Assistant Clerk Magistrate
  31. Defendants Russell K Pray Trustee of The Pine Tree Farm Minors Trust's Statement of Intent not to participate in the Rule 12 Hearing.
  32. Matter taken under advisement: Rule 12 Hearing scheduled on: 07/27/2023 02:00 PM Has been: Held - Under advisement Hon. Elaine M Buckley, Presiding Appeared: Defendant Michael P Morizio, Esq., Limited Appearance Counsel Staff: Garrett Fregault, Assistant Clerk Magistrate 07/27/2023 02:00 PM Digital Recording Device Bris CV C, Court Reporter 07/27/2023 02:00 PM
  33. ORDER: After hearing and upon review of the video recording of the putative attempt by the plaintiff's special process server, Jon Pollack to serve process upon C. Carney Environmental, Inc., as well as the Affidavits of Pollack and Ms. Morin and Ms. Duarte, employees of Patriot Recycling, Inc., the court STRIKES the appointment of the special process server and STRIKES the Return of Service filed by Mr. Pollack. As seen on the video, Mr. Pollack arrived at the offices of Patriot Recycling, Inc. (which is not a party to this case nor is plead as a party to this case) dressed in a grey Henley type shirt with no markings or indicia that he is acting as a constable. While there is no sound to the video, it is clear from the court's observations, that he is agitated and essentially throws the papers he was attempting to serve on the counter/floor of the business as he then violently pulls the door as he exits the offices. The court finds Pollacks behavior to be unprofessional and beyond the bounds of decency expected of one serving legal process. Nothing in Pollack's affidavit establishes that (1) either of the individuals to whom he was attempting the make service of process were individuals authorized to accept service of process and (2) that either of the individuals had any relationship to C. Carney Environmental, Inc., the defendant in this matter. Pollack's baseless assumptions that the women in the office were the appropriate individuals to effect service of process is wholly without merit. The court adopts the Affidavit of Ms. Duarte and Morin. Wherefore, the court finds that C. Carney Environmental, Inc. has not been properly served process pursuant to Mass. R. Civ. P. 4(d)(2). The plaintiff has thirty (30) days from the date of this Order to effectuate service of process upon the defendant, C. Carney Environmental, Inc. Service of Process shall be made by the Bristol County Sheriff's office. Mr. Pollack's appointment as a special process server in this case is hereby stricken.
  34. Plaintiff Nicholas DaSilva, Stephanie DaSilva's Motion for an Extension of Time to Effectuate Service and (2) Motion for Alternative Service of Process.
  35. Endorsement on Motion for Extension of Time (#17.0): ALLOWED for the reasons set forth in the motion. Judge: Buckley, Hon. Elaine M
  36. Affidavit of Service of Defendant, C. Carney Environmental.
  37. Answer with a counterclaim Applies To: C. Carney Environmental (Defendant)
  38. Counterclaim filed.
  39. Plaintiffs Nicholas DaSilva, Stephanie DaSilva's Joint Motion to extend tracking deadline(s)
  40. Endorsement on Motion to extend tracking deadline(s) (#21.0): ALLOWED Discovery deadline June 3, 2024, new tracking order to issue. (Mark A. Ferriera, Assistant Clerk/Magistrate)
  41. JUDGMENT OF DISMISSAL (1-88) entered, service not completed for any party by deadline review. Judge: Rayburn, Hon. Katie Applies To: John Doe 1-10 (Defendant)
  42. Defendant Russell K Pray Trustee of The Pine Tree Farm Minors Trust, Earthsource, Inc., C. Carney Environmental's Joint Motion for summary judgment, MRCP 56
  43. Earthsource, Inc., Russell K Pray Trustee of The Pine Tree Farm Minors Trust, C. Carney Environmental's Memorandum in support of Defendants' Motion for Summary Judgment.
  44. Opposition to Defendants' Motion for Summary Judgment. filed by Nicholas DaSilva, Stephanie DaSilva
  45. Defendants Earthsource, Inc., Russell K Pray Trustee of The Pine Tree Farm Minors Trust, C. Carney Environmental's Statement of material facts (Consolidated) (Undisputed)
  46. Exhibits/Appendix (Joint)
  47. Defendants Russell K Pray Trustee of The Pine Tree Farm Minors Trust, Earthsource, Inc., C. Carney Environmental's Certificate of Joint Appendix Completeness.
  48. Defendants Russell K Pray Trustee of The Pine Tree Farm Minors Trust, Earthsource, Inc., C. Carney Environmental's Request for Hearing.
  49. Defendants Russell K Pray Trustee of The Pine Tree Farm Minors Trust, Earthsource, Inc., C. Carney Environmental's Notice of Filing and List of Documents.
  50. Plaintiffs Nicholas DaSilva, Stephanie DaSilva's Motion to Extend Tracking Order Deadlines.
  51. Opposition to to Plaintiffs' Motion to Extend Tracking Order Deadlines filed by Earthsource, Inc., Russell K Pray Trustee of The Pine Tree Farm Minors Trust
  52. Affidavit of Compliance Pursuant to Superior Court Rule 9A and 9C.
  53. Plaintiffs Nicholas DaSilva, Stephanie DaSilva's Notice of Filing.
  54. Plaintiffs Nicholas DaSilva, Stephanie DaSilva's Notice of List of Documents.
  55. Defendant Russell K Pray Trustee of The Pine Tree Farm Minors Trust's Assented to Motion to Modify Rule 56 Hearing Date.
  56. Endorsement on Motion to extend tracking deadline(s) (#24.0): Other action taken As it appears from the opposition filed that no 9C Conference was engaged in by the parties, the Court 1) Orders the parties to confer either in person or remotely to narrow the issues in dispute if possible. 2) The conference should occur within the next 14 days. 3) Counsel shall file an updated Amended 9C Certification. 4) Hearing on the motion will occur on 9/26/2024 at 2:00 P.M. (in person)
  57. Endorsement on Motion to Modify Hearing Date (#25.0): ALLOWED The hearing date on the Summary Judgment Motion is continued to September 26, 2024 at 2:00 P.M. as requested by the parties.
  58. Event Result:: Rule 56 Hearing scheduled on: 09/17/2024 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Elaine M Buckley, Presiding Staff: Garrett Fregault, Assistant Clerk Magistrate Digital Recording Device Bris CV C, Court Reporter
  59. Amended Affidavit of Compliance Pursuant to Superior Court Rule 9A and 9C Applies To: Carnevale, Esq., Joseph (Attorney) on behalf of DaSilva, Nicholas (Plaintiff)
  60. Opposition to Plaintiff's [Second] Motion to Extend Tracking Order [Discovery] Deadlines filed by C. Carney Environmental
  61. Event Result:: Rule 56 Hearing scheduled on: 09/26/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Elaine M Buckley, Presiding Staff: Garrett Fregault, Assistant Clerk Magistrate Digital Recording Device Bris CV C, Court Reporter
  62. Matter taken under advisement: Rule 56 Hearing scheduled on: 09/30/2024 02:00 PM Has been: Held - Under advisement Hon. Elaine M Buckley, Presiding Appeared: Plaintiff Joseph Carnevale, Esq., Defendant Matthew Watsky, Esq., Private Counsel Defendant Michael P Morizio, Esq., Limited Appearance Counsel Staff: Garrett Fregault, Assistant Clerk Magistrate 09/30/2024 02:00 PM Digital Recording Device Bris CV C, Court Reporter 09/30/2024 02:00 PM

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