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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-07-24
Status Open
Type Equity Action Involving An Incarcerated Party
Docket 34 entries

Parties

Plaintiff Skandha, Bodhisattva
Defendant Mici, Carol|Silvia, Kate

Lawyers

Docket Entries

  1. Transcript of 11/26/24 received from transcriber Jennifer Ferris (via email)
  2. Case assigned to: DCM Track F - Fast Track was added on 07/24/2024
  3. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit Allowed, subject to review by a Judge.
  4. Original civil complaint filed.
  5. Civil action cover sheet filed.
  6. Endorsement on Submission of Civil Rights Complaint with a Jury Demand (#2.0): Other action taken The Regional Administrative Justice for Civil Business in Suffolk County has reviewed this Complaint and has determined that is has a legal basis - G.L.C 66 SS 10A (c). The complaint shall be filed and summons shall issue and served via First Class U.S. Mail. So Ordered. (dated 7/24/24) Notice sent 8/7/24
  7. Docket Note: (1) summons sent by mail Applies To: Skandha, Bodhisattva (Plaintiff)
  8. Docket Note: Additional summons mailed Applies To: Skandha, Bodhisattva (Plaintiff)
  9. Service Returned for Defendant Silvia, Kate: Service made via regular mail;
  10. Service Returned for Defendant Mici, Carol: Service made via regular mail;
  11. Bodhisattva Skandha's request for Default 55(a) Applies To: Silvia, Kate (Defendant)
  12. Affidavit of Plaintiff for Default Applies To: Skandha, Bodhisattva (Plaintiff)
  13. Defendant Carol Mici, Kate Silvia's Motion to Dismiss, pursuant to M.R.C.P. 12(B)(6)
  14. Carol Mici, Kate Silvia's Memorandum in support of Motion to Dismiss, pursuant to M.R.Civ.P. 12(B)(6)
  15. Endorsement on Motion to Dismiss, pursuant to M.R.C.P. 12(B)(6) (#8.0): Other action taken Plaintiff has until 10/25/24 to file this opposition with the clerks office. A copy must also be provided to the defendant by the same date. The defendants will have until 11/8/24 to file a sur reply not to exceed 5 pages. dated (9/25/24) Notice Sent 9/27/24
  16. General correspondence regarding Plaintiff's request for default against Defendant, KATE SILVIA, pursuant to Mass.R.Civ.P. 55(a), have not been entered for the following reason(s): Answer or Motion to Dismiss filed. (dated 9/27/24) Notice sent 9/27/24
  17. Opposition to Defendants' motion to Dismiss Pursuant to MRCP 12(b)(6) filed by Bodhisattva Skandha
  18. Plaintiff Bodhisattva Skandha's Motion to Conduct Zoom Hearing (Verified Motion)
  19. Endorsement on Motion to Conduct Zoom Hearing (Verified Motion) (#12.0): ALLOWED dated (10/21/24) Notice Sent 10/23/24
  20. Plaintiff Bodhisattva Skandha's Motion for the Court to invoke Superior Court Rule 9A
  21. Defendant Carol Mici, Kate Silvia's Motion to allow appearance via videoconference
  22. Habeas corpus issued as to Bodhisattva Skandha at MCI - Norfolk for 11/26/2024 02:00 PM Rule 12 Hearing. This hearing will take place VIA Zoom To access Zoom hearing: Meeting ID: 161 505 9797 No Passcode Judge: Ham, Hon. Catherine
  23. Plaintiff Bodhisattva Skandha's Motion to Supplement Complaint (Verified Motion)
  24. Endorsement on Motion to allow appearance via videoconference (#14.0): ALLOWED (dated 11/13/2024) Notice Sent 11/18/24
  25. Event Result:: Motion Hearing scheduled on: 11/26/2024 02:00 PM Has been: Held via Video/Phone Hon. Catherine Ham, Presiding Staff: Christine M Hayes, Assistant Clerk
  26. Event Result:: Rule 12 Hearing scheduled on: 11/26/2024 02:00 PM Has been: Held via Video/Phone Hon. Catherine Ham, Presiding Staff: Christine M Hayes, Assistant Clerk
  27. Event Result:: Rule 12 Hearing scheduled on: 11/26/2024 02:00 PM Has been: Held via Video/Phone Hon. Catherine Ham, Presiding Staff: Christine M Hayes, Assistant Clerk
  28. Endorsement on Motion for the Court to Invoke Superior Court Rule 9A (#13.0): DENIED After a hearing, denied. Administrative Directive No. 92-1, which governs civil actions filed by a plaintiff who is incarcerated, exempts that part of subdivision (b)(4)(i) of this Rule that requires the filing of the Rule 9A package. Such exemption also applies to motions in civil actions where a defendant is incarcerated and self-represented, but all parties, incarcerated or not, must serve copies upon all other parties in the case. (dated 12/2/24) Notice sent 12/03/2024.
  29. Endorsement on Motion to Supplement Complaint (#15.0): DENIED After a hearing, denied. Rule Civil Procedure Rule 15 (a), a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. However, in this case, the supplement complaint deals with an entirely different issue of receiving privileged mail that was opened outside the presence of the plaintiff in October 2024. This new claim does not arise out of the conduct in the original pleading per Rule 15(c). (dated 12/2/24) Notice sent 12/03/2024.
  30. ORDER: Memorandum of Decision on Defendants' Motion to Dismiss See p.16 for full Memorandum of Decision on Defendants' Motion to Dismiss. (dated 12/2/24) Notice sent 12/03/2024.
  31. JUDGMENT on Defendants, Carol Mici, Kate Silvia 12(b) motion to dismiss against Plaintiff(s) Bodhisattva Skandha. It is ORDERED and ADJUDGED: Plaintiff's Motion to Dismiss Plaintiff's Complaint is ALLOWED. Judgment enters for the Defendants and the complaint is hereby Dismissed. entered on docket pursuant to Mass R Civ P 58(a) and notice sent to parties pursuant to Mass R Civ P 77(d)
  32. Plaintiff Bodhisattva Skandha's Motion for Free Transcript of the 11/26/24 Hearing on the Motion to Dismiss for the Failure to State a Claim
  33. Endorsement on Motion for Free Transcript of the 11/26/24 Hearing on the Motion to Dismiss for the Failure to State a Claim (#18.0): ALLOWED (dated 12/13/2024) Notice Sent 12/17/24
  34. Docket Note: docket report sent Applies To: Skandha, Bodhisattva (Plaintiff)

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