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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-10-01
Status Closed
Type Malpractice Other
Docket 62 entries
Disposition judgment

Parties

Plaintiff Yin, Lei
Defendant Barry, Robert H.

Lawyers

Docket Entries

  1. Docket Note: Updated Docket Report sent to Appeals Court
  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 Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company: Service made at last and usual at 5 Nashoba Drive Chelmsford, MA 01824 on 11/04/2024.
  9. Attorney appearance electronically filed. Applies To: Grossbaum, Esq., David A (Attorney) on behalf of Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  10. Attorney appearance electronically filed. Applies To: Geisler, Esq., Sabrina N (Attorney) on behalf of Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  11. Amended: first amended complaint filed by Lei Yin
  12. Defendant's notice to dismiss plaintiff's complaint MRCP 12(b) Applies To: Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  13. Defendant Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company's Motion to dismiss plaintiffs complaint
  14. Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company's Memorandum in support of defendant's motion to dismiss plaintiff's complaint
  15. Affidavit of Robert H. Barry, Esq. in support of defendant's Motion to dismiss plaintiffs complaint
  16. Objection to defendants' motion to dismiss filed by Lei Yin
  17. Reply/Sur-reply Reply in Further Support of Defendant Robert H. Barry's Motion to dismiss
  18. Certificate of Compliance Superior Court Rule 9C
  19. Affidavit of compliance with Superior Court Rule 9A Applies To: Geisler, Esq., Sabrina N (Attorney) on behalf of Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  20. Request for hearing filed Applies To: Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  21. Rule 9A notice of filing
  22. Objection to defendant's reply in further support of defendant Robert H. Barry's motion to dismiss filed by Lei Yin
  23. Plaintiff Lei Yin's Motion to request a full copy of package defendant filed on December 6th, 20204
  24. Opposition to plaintiff's motion to request a full copy of motion to dismiss filing filed by Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company
  25. Plaintiff Lei Yin's Submission of him only receiving parts of a 9A package from the defendant
  26. Opposition to Paper No. 12 filed by Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company
  27. Endorsement on Motion to request a full copy of package defendant filed on December 6th, 20204 (#10.0): DENIED After review, the Plaintiff's motion to "update objection to defendant's reply" is DENIED. Further, based on the Court's review of the motion to dismiss Rule 9A filing the Plaintiff's motion to request a full copy of same is also DENIED, as it was previously served on the Plaintiff.
  28. Matter taken under advisement: Rule 12 Hearing scheduled on: 02/11/2025 02:30 PM Has been: Held - Under advisement Comments: Pro Se Plaintiff Lei Yin and Defense Counsel Sabrina Geisler appearing. After hearing, matter taken under advisement. Hon. Janice W Howe, Presiding Staff: Stefano J Cornelio, Assistant Clerk Magistrate
  29. Endorsement on Motion to dismiss all counts Defendant Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company's Motion to dismiss plaintiffs complaint (#8.0): ALLOWED It is hereby ORDERED That Defendant's Motion to Dismiss Plaintiff's Complaint (Paper No. 8) is ALLOWED. Dated April 25, 2025. For full text of order, see Memorandum of Decision and Order Paper No.
  30. MEMORANDUM & ORDER: It is hereby ORDERED That Defendant's Motion to Dismiss Plaintiff's Complaint (Paper No. 8) is ALLOWED. Dated April 25, 2025. For full text of order, see Memorandum of Decision and Order Paper No.14. Judge: Howe, Hon. Janice W
  31. Endorsement on Motion to dismiss all counts Defendant Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company's Motion to dismiss plaintiffs complaint (#8.0): ALLOWED 4/24/25 After hearing, the defendant's motion to dismiss is ALLOWED. See Memorandum of Decision dated April 25, 2025. [See Memorandum for Decision at Paper #14]
  32. Endorsement on Motion to Dismiss Plaintiff's Complaint (#8.0): ALLOWED After hearing, the defendant's motion to dismiss is ALLOWED. See memorandum of decision dated April 25, 2025.
  33. Self-Represented Plaintiff Lei Yin's Motion for Reconsideration of Court's Decision of April 25, 2025
  34. JUDGMENT on Defendants, Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company 12(b) motion to dismiss against Plaintiff(s) Lei Yin. It is ORDERED and ADJUDGED: That the Complaint of the plaintiff, Lei Yin, be and hereby is DISMISSED against the defendant, Robert H. Barry, individually and doing business as His Legal Malpractice Insurance Company, in its entirety.
  35. Endorsement on motion for reconsideration of judgment (#15.0): Self-Represented Plaintiff Lei Yin's Motion for Reconsideration of Court's Decision of April 25, 2025 DENIED Motion DENIED without prejudice as plaintiff has failed to comply with MA Superior Court Rule 9A (service of motions). Dated 5/1/25.
  36. Self-Represented Plaintiff Lei Yin's Request for Hearing and Request for case Transfer to Regional Administrative Judge
  37. Self-Represented Plaintiff Lei Yin's Motion for Reconsideration of Court's Decision of April 25, 2025
  38. Opposition to Motion for Reconsideration filed by Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company
  39. Endorsement on motion for reconsideration of judgment (#18.0): Self-Represented Plaintiff Lei Yin's Motion for Reconsideration of Court's Decision of April 25, 2025 DENIED After review of the parties' submissions, the Plaintiff's motion for reconsideration is DENIED. Dated 5/15/2025.
  40. Plaintiff Lei Yin's Motion for reconsideration: Medical Clarification on course/ nature of severe depression with episodes plaintiff suffered for 15 years, and missing facts in memorandum of decision (Doc #14)
  41. Endorsement on motion for reconsideration of judgment (#19.0): Motion of Reconsideration: Medical Clarification ON Course/Nature of Severe Depression with Episodes I had Suffered for 15 Years, And Missing Facts in Memorandum Of Decision (Doc #14): Mr Barry had Continued issueing His Adverse Statements Against ME After He Had Resigned as my Representative, to Dismiss My Appeals that ended in 2024; and The Earliest time I had realized Mr Barry had betrayed me was in 2024. DENIED Motion DENIED without prejudice for failure to comply with Superior Court Rule 9A. Dated May 22, 2025.
  42. Plaintiff Lei Yin's Motion for reconsideration
  43. Certificate of Compliance Superior Court Rule 9C
  44. Affidavit of compliance with Superior Court Rule 9A Applies To: Yin, Lei (Plaintiff)
  45. Rule 9A notice of filing
  46. Opposition to plaintiff's second motion for reconsideration filed by Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company
  47. Endorsement on motion for reconsideration of judgment (#20.0): Plaintiff Lei Yin's Motion for Reconsideration DENIED After review, the motion for reconsideration is DENIED. Dated June 2, 2025. Judge: Howe, Hon. Janice W
  48. Docket Note: Docket corrected to reflect Judge Janice W. Howe endorsed Paper No. 20. Clerk emailed parties to advise them of clerical error in initially docketing order as having been endorsed by Judge Elizabeth A. Dunigan. A corrected docket notice was generated and emailed to the parties.
  49. Notice of appeal filed. Applies To: Yin, Lei (Plaintiff)
  50. Plaintiff Lei Yin's Notice of change of address
  51. Endorsement on Motion for Reconsideration (#20.0): DENIED After review, the motion for reconsideration is DENIED. Dated: 6/2/25
  52. Copy of Notice of Appeal sent to all parties/counsel of record
  53. Case file images-P#24
  54. Self-Represented Plaintiff Lei Yin's Notice of Address Change
  55. Notice of appeal filed. Applies To: Yin, Lei (Plaintiff)
  56. Copy of Notice of Appeal Filed sent to all parties/counsel of record Applies To: Yin, Lei (Plaintiff); Grossbaum, Esq., David A (Attorney) on behalf of Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company (Defendant); Geisler, Esq., Sabrina N (Attorney) on behalf of Robert H. Barry Individually and doing business as His Legal Malpractice Insurance Company (Defendant)
  57. Plaintiff(s) Lei Yin motion filed to compel Assembly of Record to Appeal Court Without Any Delay
  58. Endorsement on Motion to compel - Plaintiff(s) Lei Yin motion filed to compel Assembly of Record to Appeal Court Without Any Delay (#28.0): DENIED Motion DENIED for failure to comply with Rule 9A. However, the pleading shall be treated as written certification pursuant to Mass. R. App. Proc. 9(d)(2)(c). Dated 7/17/2025.
  59. Appeal: Statement of the Case on Appeal (Cover Sheet).
  60. Notice of assembly of record sent to Counsel
  61. Notice to Clerk of the Appeals Court of Assembly of Record
  62. Plaintiff Lei Yin's Submission of certification of no hearing transcript needed in assembly of record to appeals court

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