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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-10-01
Status Open
Type Malpractice Other
Docket 81 entries

Parties

Plaintiff Yin, Lei
Defendant Silverman, J. Daniel

Lawyers

Docket Entries

  1. Notice to Court RE: NO transcript ordered
  2. Case assigned to: DCM Track A - Average was added on 10/01/2024
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Demand for jury trial entered.
  6. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed with Supplemental affidavit (pending approval)
  7. Determination regarding normal fees and costs ALLOWED FORTHWITH by Clerk waived in full , pursuant to G. L. c. 261, 27C(2).
  8. Service Returned for Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company: Service made in hand at 669 Main Street Wakefield, MA 01880 on 11/06/2024.
  9. Amended: first original complaint filed by Lei Yin
  10. Defendant's notice to dismiss plaintiff's complaint MRCP 12(b) Applies To: J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  11. Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Motion to dismiss the complaint of the plaintiff
  12. Opposition to defendants' Motion to dismiss filed by Lei Yin
  13. Affidavit of compliance with Superior Court Rule 9A Applies To: Silverman, Esq., Jan Daniel (Attorney) on behalf of J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  14. Certificate of service of attorney or Pro Se: Jan Daniel Silverman, Esq.
  15. Self-Represented Plaintiff Lei Yin's Submission of Page 8 of Objection dated November 26, 2024
  16. Matter taken under advisement: Rule 12 Hearing scheduled on: 01/14/2025 02:30 PM Has been: Held - Under advisement Comments: Pro Se Plaintiff Lei Yin and Defendant/Defense Counsel, Attorney J. Daniel Silverman both appearing. After hearing, matter taken under advisement. Hon. Janice W Howe, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
  17. Endorsement on Motion to dismiss the complaint of the plaintiff (#8.0): DENIED After hearing, the motion is Denied. See Order- Paper No. 10.
  18. ORDER: MEMORANDUM OF DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS THE COMPLAINT OF THE PLAINTIFF PURSUANT TO MASS. R. CIV. P. 12(b)(6) For the reasons explained, it is hereby ORDERED that Defendant's Motion to Dismiss the Complaint of the Plaintiff to Mass. R. Civ. P. 12(b)(6) (Paper No. 8) is DENIED. SO ORDERED Janice W. Howe Justice of the Superior Court *** Please see scan for full Order***
  19. Received from Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company: Answer to original complaint
  20. Plaintiff Lei Yin's Reply to the counterclaims, and denying the allegations made in the counterclaim
  21. Plaintiff Lei Yin's Submission of automatic disclosure request to Mr. Silverman
  22. Endorsement on motion to compel records (#13.0): Plaintiff Lei Yin's Submission of automatic disclosure request to Mr. Silverman DENIED The Court views this Motion as a request to order the defendant to release documents/information. The Motion is DENIED for failure to comply with Superior Court Rule 9A. Dated May 30, 2025.
  23. Self-Represented Plaintiff Lei Yin's Submission of Automatic Disclosure Request to Mr. Silverman in 2477CV01012
  24. Self-Represented Plaintiff Lei Yin's Submission of Answer to Request for Admissions by Mr. Silverman in MA Superior Court #2477CV01012
  25. Affidavit of compliance with Superior Court Rule 9C Applies To: Pro Se (Attorney) on behalf of Yin, Lei (Plaintiff)
  26. Certificate of Compliance Superior Court Rule 9C
  27. Rule 9A notice of filing
  28. Self-Represented Plaintiff Lei Yin's Notice of Change of Address
  29. Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Motion to Compel Plaintiff to Answer Defendant's Request for Production of Documents
  30. J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Memorandum in support of Motion to Compel Plaintiff to Answer Defendant's Request for Production of Documents
  31. Objection to Defendant's Motion to Compel Plaintiff Production of Documents filed by Lei Yin
  32. Affidavit of compliance with Superior Court Rule 9A Applies To: Silverman, Esq., Jan Daniel (Attorney) on behalf of J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  33. Matter taken under advisement: Hearing RE: Discovery Motion(s) scheduled on: 09/16/2025 02:00 PM Has been: Held - Under advisement Comments: [FTR 2:29:41 p.m. - 2:53:29 p.m.] Hon. John C Fraser, Presiding Appeared: Plaintiff Lei Yin Defendant Jan Daniel Silverman, Esq., Staff: Nancy Keller, Assistant Clerk Magistrate
  34. Affidavit filed by Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company in support of Final Reapplication for Judgment Under MRCP 33(a)
  35. Affidavit of compliance with Superior Court Rule 9A Applies To: Silverman, Esq., Jan Daniel (Attorney) on behalf of J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  36. Endorsement on motion to compel Production of Documents (#16.0): Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Motion to Compel Plaintiff to Answer Defendant's Request for Production of Documents ALLOWED After hearing and review, Defendant's Motion to Compel is ALLOWED. The Plaintiff shall respond to the Defendant's request for production of documents in accordance with Rule 34 of Rules of Civil Procedure no later than October 20, 2025.
  37. Endorsement on motion to compel Discovery (#14.0): Self-Represented Plaintiff Lei Yin's Submission of Automatic Disclosure Request to Mr. Silverman in 2477CV01012 No Action Taken No action taken. Plaintiff may serve and file appropriate motion regarding discovery in compliance with Rule 9A.
  38. Objection to Mr. Silverman's Final Reapplication for Judgment in 2477CV01012 that dated 9/16/2025, and Update on Discovery Progress (see Attachment #1, Attachment#2) filed by Lei Yin
  39. Plaintiff Lei Yin's Submission of Interrogatories to Mr. Silverman in 2477CV01012
  40. Plaintiff Lei Yin's Request for Production of Documents to Mr. Silverman in 2477CV01012
  41. Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Submission of Re-Application pursuant to Mass. R. Civ. P. 33(a) for Final Entry of Judgment
  42. Endorsement on motion for default order Answers to Interrogatories (#22.0): Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Submission of Re-Application pursuant to Mass. R. Civ. P. 33(a) for Final Entry of Judgment DENIED After review, DENIED without prejudice for failure to comply w/ Rule 33(a)(4).
  43. Pleading titled, Plaintiff submitted his answers to interrogatories, mailed back to him because this is not something that needs to be submitted to the Court, filed with the court on 10/10/2025, returned to Lei Yin
  44. Self-Represented Plaintiff Lei Yin's Motion to Compel Mr. Silverman to Provide Answer and Documents
  45. Self-Represented Plaintiff Lei Yin's Submission of Production Documents Request to Mr. Silverman
  46. Self-Represented Plaintiff Lei Yin's Submission of Interrogatories to Mr. Silverman
  47. Self-Represented Plaintiff Lei Yin's Submission of Objection to Mr. Silverman's Motion for Judgment in 2477CV01012 dated 10/17/2025, and Update on Discovery Progress
  48. Endorsement on motion to compel Discovery (#23.0): filed by plaintiff, Lei Yin ALLOWED ALLOWED without opposition. The defendant shall provide response to the plaintiff's interrogatories and produce documents in his custody or control that the plaintiff has requested in his production of documents request on or before 11/14/25. Dated 10/24/25.
  49. Endorsement on Objection to motion for judgment (#26.0): Other action taken Objection DEEMED MOOT. See endorsement on Paper #22. Justice Fraser already denied defendant's re-application for Final Entry of Judgment.
  50. Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Motion to dismiss the complaint due to insufficient service of process
  51. Affidavit of compliance with Superior Court Rule 9A Applies To: Silverman, Esq., Jan Daniel (Attorney) on behalf of J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  52. Certificate of service of attorney or Pro Se: Jan Daniel Silverman, Esq.
  53. Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Motion for judgment on the pleadings
  54. Opposition to motion for judgment on the pleadings filed by Lei Yin
  55. Affidavit of compliance with Superior Court Rule 9A Applies To: J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  56. Certificate of service of attorney or Pro Se: Jan Daniel Silverman, Esq.
  57. Lei Yin's request for Default 55(a) Applies To: J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  58. Affidavit of compliance with Superior Court Rule 9A Applies To: Pro Se (Attorney) on behalf of Yin, Lei (Plaintiff)
  59. Certificate of Compliance Superior Court Rule 9C
  60. Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Certificate of Compliance with the Court's Order of 10/28/2025 (AMENDED)
  61. Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Motion to strike Plaintiff's 55A Request Default Judgment and Sanctions against Plaintiff
  62. Reply/Sur-reply Reply to Defendant's Motion to Strike Plaintiff's 55A Request Default Judgment and Sanctions Against Plaintiff dated /19/2025 Doc #31 and Sanction Request Against Defendant as Mr. Silverman Kept false statements to Court under oath
  63. Affidavit of compliance with Superior Court Rule 9A Applies To: Pro Se (Attorney) on behalf of Yin, Lei (Plaintiff)
  64. Certificate of Compliance Superior Court Rule 9C
  65. Endorsement on Request for default judgment (Mass. R. Civ. 55) (#29.0): DENIED Upon careful review of the case and docket the motion is DENIED. The defendant's filed a certificate of compliance with the court. See paper #30
  66. Endorsement on Motion to strike plaintiff's 55A request default judgment and sanctions against plaintiff (#31.0): No Action Taken Upon careful review of the case and docket no action is taken. See endorsement on paper #29.
  67. Self-Represented Plaintiff Lei Yin's Motion of Reconsideration of Hon. Kathleen McCarthy Neyman's Denial Order on my Default Motion by Citing "The defendant's filed a certificate of compliance with the court. Se paper #32" and Further Hearing Request to Verify Both Defendant's Certificate of Compliance with the court and His statement in Motion to Strike was all lies, if judge still have doubts about what I had provided to prove Defendant had lied to court in his certificate and Motion Strike after this Reconsideration
  68. Affidavit of compliance with Superior Court Rule 9A Applies To: Pro Se (Attorney) on behalf of Yin, Lei (Plaintiff)
  69. Certificate of Compliance Superior Court Rule 9C
  70. Docket Note: Paper No. 33 sent to Salem
  71. Endorsement on Motion of Reconsideration of Hon. Kathleen McCarthy Neyman's Denial Order on my Default Motion by Citing "The defendant's filed a certificate of compliance with the court. Se paper #32" and Further Hearing Request to Verify Both Defendant's Certificate of Compliance with the court and His statement in Motion to Strike was all lies, if judge still have doubts about what I had provided to prove Defendant had lied to court in his certificate and Motion Strike after this Reconsideration (#33.0): DENIED Upon Careful Review Motion is DENIED. Plaintiff may Refile Motion. All Filings MUST Comply with Superior Court Rule 9A
  72. Self-Represented Plaintiff Lei Yin's Motion of Reconsideration on Default Judgment Request, and Hearing Request
  73. Self-Represented Plaintiff Lei Yin's Submission of Plaintiff's Motion of Reconsideration of Hon. Kathleen McCarthy Neyman's Denial Order
  74. Opposition to Motion of Reconsideration of Hon. Kathleen McCarthy Neyman's Denial Order on Plaintiff's Motion for Default Judgment filed by J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company
  75. Reply/Sur-reply Reply to Defendant's Opposition to Plaintiff's Motion of Reconsideration of Hon. Kathleen McCarthy Neyman's Denial Order on Plaintiff's Motion for Default Judgment Dated December 9th, 2025
  76. Affidavit of compliance with Superior Court Rule 9A Applies To: Pro Se (Attorney) on behalf of Yin, Lei (Plaintiff)
  77. Certificate of Compliance Superior Court Rule 9C
  78. Defendant J. Daniel Silverman Individually and doing business as His Legal Malpractice Insurance Company's Motion to strike plaintiff's sur reply to defendant's opposition to plaintiff's motion of reconsideration of Hon. Kathleen McCarthy Ney-Man's denial order on plaintiff's motion for default judgment dated December 9, 2025 (34.3)
  79. Endorsement on Submission of Rule 9A Package Filing Regarding Motion of Reconsideration on Default Judgment Request (#34.0): DENIED Upon review motion is DENIED.
  80. Endorsement on Motion to strike (#35.0): No Action Taken Upon review the court takes no action in light of its endorsement on Paper #34.
  81. Notice of appeal filed. Applies To: Yin, Lei (Plaintiff)

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