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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-02-24
Status Closed
Type Miscellaneous|Cot Remove Cloud On Title, G.l. Chapter 240, § 6 10
Docket 38 entries

Parties

Plaintiff Oliveira, Patrick
Defendant Ferguson, Karen N.|Niziolek, Nathan Andrew

Lawyers

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 Receipt: 438579 Date: 02/24/2023
  4. Land Court surcharge Receipt: 438579 Date: 02/24/2023
  5. Land Court summons Receipt: 438579 Date: 02/24/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent.
  8. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 03/27/2023 Time: 11:00 AM
  9. Summons returned to Court with service on Karen S. Niziolek formerly known as Karen N. Ferguson filed.
  10. First Amended Verified Complaint to Quiet Title, filed.
  11. Joint Statement, filed.
  12. The Court has reviewed Mr. Oliveira's "Joint Statement," although only he prepared it. Neither the Statement nor the docket contains any indication that Oliveira has served defendant Nathan Andrew Niziolek. Oliveira has filed a return of service on defendant Karen N. Ferguson, but the date Ferguson accepted service by registered mail doesn't appear on Ferguson's green card, and so the Court can't conclude at this time that she's in default. There's also no indication on the return that Oliveira served Ferguson with notice of the March 27, 2023, case-management conference in this matter. The Court thus CANCELS the conference. The Court ORDERS Oliveira to file by April 21, 2023, a return of service on Mr. Niziolek or a report on Oliveira's efforts to achieve such service. SO ORDERED. Notice of Docket Entry was generated and sent to: Plaintiff: Gordon E Meyer, Esq. [email protected] Plaintiff: Stephen Wiseman, Esq. [email protected] Sent On: 03/24/2023 12:33:29
  13. Event Resulted: Case Management Conference scheduled on: 03/27/2023 11:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  14. First Amended Verified Complaint to Quiet Title, filed.
  15. Plaintiff Email Motion for an Additional 30 days, through May 22, 2023, to File Returns of Service., filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  16. Withdrawal of Stephen Wiseman, Esq. for Patrick Oliveira, filed
  17. Motion 1) To Allow Service at Defendant's Last and Usual Place of Abode and 2) Extend time for Service of Process, Until June 21, 2023, filed.
  18. The Court has reviewed Plaintiff's Motion to Allow Service at Defendant's Last and Usual Place of Abode and to Extend the Time for Filing Proof of Service. The Court GRANTS the motion in part and DENIES the remainder as moot. Rule 4(e), Mass. R. Civ. P., sets forth the process by which parties may serve persons outside of the Commonwealth; subsection (1) of that Rule allows (without getting Court approval) service at a person's last and usual residence, provided that Rule 4's other procedures (including who may perform service) are followed. Thus, Plaintiff hasn't demonstrated a need for a Court order to serve Karen Ferguson at her last and usual residence, and for that reason the Court DENIES that part of Plaintiff's motion. The Court EXTENDS to June 21, 2023, the deadline for Plaintiff to serve Ms. Ferguson. The Court ORDERS Plaintiff to file by July 5, 2023, a return of service on Ms. Ferguson or a status report on such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gordon E Meyer, Esq. [email protected] Sent On: 05/24/2023 09:55:45
  19. Status Update on Service, filed.
  20. Summons returned to Court with service on Nathan Andrew Niziolek filed.
  21. The Court has reviewed Plaintiff's status report on service. The Court DIRECTS the Recorder to enter the default of defendant Nathan Niziolek in this action. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gordon E Meyer, Esq. [email protected] Sent On: 06/01/2023 12:47:16
  22. Defendant Nathan Andrew Niziolek defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  23. Summons returned to Court with service on Karen S. Niziolek formerly known as Karen N. Ferguson filed.
  24. The Court DIRECTS the Recorder to enter the default of defendant Karen Ferguson in this matter. The Court ORDERS Plaintiff to file by June 30, 2023, a suitable motion under Rule 55(b), Mass. R. Civ. P. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gordon E Meyer, Esq. [email protected] Sent On: 06/20/2023 11:15:15
  25. Defendant Karen S. Niziolek formerly known as Karen N. Ferguson defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  26. Plaintiff's Motion for Default Judgment Pursuant to Mass. R. CIV. P. 55(b),filed.
  27. Memorandum in Support of Plaintiff's Motion for Default Judgment, filed.
  28. Affidavit Regarding Military Status, filed.
  29. (Proposed) Default Judgment, filed.
  30. The Court has reviewed Mr. Oliveira's motion for entry of a default judgment. Mr. Oliveira failed to file with the motion evidence that neither defaulted defendant is "an infant or incompetent person or an incapacitated person¿." Rule 55(b)(2), Mass. R. Civ. P. The Court ORDERS Mr. Oliveira to file by June 30, 2023, suitable evidence on that issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gordon E Meyer, Esq. [email protected] Sent On: 06/23/2023 10:56:16
  31. Supplement to Motion for Default Judgment, filed.
  32. The Court has received Mr. Oliveira's supplemental filing. The Court ORDERS the parties to appear by telephone on July 26, 2023, at 9:30 AM for a hearing on Mr. Oliveira's motion for entry of a default judgment. A separate notice of hearing will issue. The Court ORDERS Mr. Oliveira to serve on the defaulted defendants, by not later than July 14, 2023, a copy of the hearing notice, his motion, and all materials filed in support of the motion. The Court ORDERS Mr. Oliveira to file by July 21, 2023, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gordon E Meyer, Esq. [email protected] Sent On: 07/03/2023 08:37:43
  33. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 07/26/2023 Time: 09:30 AM
  34. Certificate of Service on Nathan Niziolek, filed.
  35. Certificate of Service on Karen Niziolek, filed.
  36. Affidavit of Service, filed.
  37. Event Resulted: Hearing scheduled on: 07/26/2023 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  38. Telephonic hearing held on Mr. Oliveira's motion for entry of a default judgment. Mr. Oliveira appeared through counsel. Defaulted defendants Karen Ferguson and Nathan Niziolek also appeared, representing themselves. Ms. Ferguson and Mr. Niziolek assented to Mr. Oliveira's motion for entry of default judgment. Without opposition, the Court GRANTS the motion. A separate Default Judgment will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Gordon E Meyer, Esq. [email protected] Sent On: 07/26/2023 10:09:20

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