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Case Information
Filed
2024-08-26
Status
Closed
Type
Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket
12 entries
Disposition
case dismissed
Parties
Plaintiff
Smith, Marilyn
Defendant
De Rosa, Daisy
Docket Entries
- Case Dismissed by Order of the Court.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Dismissed Type: Indigency Dismissed Date: 08/26/2024 Dismissed Amount: 240.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Fee Waived - Indigency [Monday, August 26, 2024 4:26 PM] Dismissed By: SHEGARTY
- Land Court surcharge Dismissed Type: Indigency Dismissed Date: 08/26/2024 Dismissed Amount: 15.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Fee Waived - Indigency [Monday, August 26, 2024 4:26 PM] Dismissed By: SHEGARTY
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Affidavit of Indigency, filed.
- Financial Notes: Fee Waiver Auth.
- Determination Regarding Indigency, issued Judge: Patterson, Deborah J.
- The case has been assigned to the A Track. Notice sent. Notice of Track Assignment sent Pro Se by email from the Sessions Clerk.
- The Court has reviewed Ms. Smith's complaint. The next step in this Miscellaneous action is for Ms. Smith to notify defendant Daisy DeRosa that she has sued DeRosa. The Court thus ORDERS Ms. Smith to "serve" Ms. DeRosa with (a) a completed "summons" and (b) a copy of Ms. Smith's Complaint. Ms. Smith may obtain a summons by contacting the Sessions Clerk assigned to this case. Rule 4(d)(1) of the Massachusetts Rules of Civil Procedure explains how Ms. Smith must serve the summons and the complaint on Ms. DeRosa. The Court ORDERS Ms. Smith to contact the Sessions Clerk about how to serve her summons and complaint without charge through the Suffolk County Sheriff's Civil Division, seeing that Ms. Smith is indigent. Rule 4(f) of the Massachusetts Rules of Civil Procedure requires Ms. Smith to file "promptly" a "return" of service on Ms. DeRosa; in this case, the Sheriff will prepare and send Ms. Smith the return of service. The Court thus ORDERS Ms. Smith to file no later than October 4, 2024, a return of service on Ms. DeRosa or a report on what Ms. Smith has done to serve Ms. DeRosa properly. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Marilyn Smith 34 Pinewood Street, Hyde Park, MA 02136 Sent On: 09/05/2024 07:59:25 Notice of Docket Entry sent Pro Se by email from the Sessions Clerk.
- On September 5, 2024, the Court sent Ms. Smith an order that stated this: "The next step in this Miscellaneous action is for Ms. Smith to notify defendant Daisy DeRosa that she has sued DeRosa. The Court thus ORDERS Ms. Smith to "serve" Ms. DeRosa with (a) a completed "summons" and (b) a copy of Ms. Smith's Complaint. Ms. Smith may obtain a summons by contacting the Sessions Clerk assigned to this case. Rule 4(d)(1) of the Massachusetts Rules of Civil Procedure explains how Ms. Smith must serve the summons and the complaint on Ms. DeRosa. The Court ORDERS Ms. Smith to contact the Sessions Clerk about how to serve her summons and complaint without charge through the Suffolk County Sheriff's Civil Division, seeing that Ms. Smith is indigent. Rule 4(f) of the Massachusetts Rules of Civil Procedure requires Ms. Smith to file "promptly" a "return" of service on Ms. DeRosa; in this case, the Sheriff will prepare and send Ms. Smith the return of service. The Court thus ORDERS Ms. Smith to file no later than October 4, 2024, a return of service on Ms. DeRosa or a report on what Ms. Smith has done to serve Ms. DeRosa properly." Ms. Smith has not complied with the Court's September 5, 2024, order. The Court thus ORDERS Ms. Smith to file with the Court by October 18, 2024, two things. First, she must file EITHER a return of service on Ms. DeRosa OR a report on what Ms. Smith has done to serve Ms. DeRosa properly. Second, she must explain why she did not comply with the Court's September 5, 2024, order. The Court ADVISES Ms. Smith that if she does not comply with this order, the Court may dismiss Ms. Smith's case "without prejudice," meaning that Ms. Smith would have to re-file the case if she wants a court to decide the case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Marilyn Smith 34 Pinewood Street, Hyde Park, MA 02136 Sent On: 10/11/2024 15:56:54 Notice of Docket Entry sent to Ms. Smith by email from the Sessions Clerk.
- As plaintiff Smith hasn't obeyed the Court's orders regarding serving the defendant with a summons and a complaint, the Court DISMISSES this case without prejudice. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Marilyn Smith 34 Pinewood Street, Hyde Park, MA 02136 Sent On: 10/25/2024 15:39:35 Notice of Docket Entry sent to Ms. Smith by email from the Sessions Clerk.
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