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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-10-16
Status Open
Type Auto Surcharge Appeal
Docket 67 entries

Parties

Plaintiff Pollak, Robert
Defendant Mass Division Of Insurance Board Of Appeal|Progressive Insurance Company

Lawyers

Docket Entries

  1. Judgment. It is ORDERED and ADJUDGED:: That after a joint motion to remand to Board of Appeal on Motor Vehicle Liability Policies and Bonds for a rehearing was ALLOWED. That the matter be remanded to the Board for a new hearing.
  2. Auto surcharge appeal filed.
  3. Case assigned to: DCM Track X - Accelerated was added on 10/16/2024
  4. Civil action cover sheet filed.
  5. Complaint filed for Judicial Review pursuant to G.L. c.30A, 14
  6. Plaintiff Robert Pollak's Motion to extend time for filing deadline
  7. Plaintiff Robert Pollak's Certificate of decision
  8. Endorsement on Motion to extend filing deadline (#3.0): ALLOWED However, the Court is not clear that it has any authority to extend the deadline. This can be taken up at a later date by motion practice.
  9. General correspondence regarding copy of request for recording made on August 13, 2024, that was sent to Massachusetts Division of Insurance Board of Appeals.
  10. Plaintiff Robert Pollak's Motion to extend time for filing service and return
  11. Endorsement on Motion to extend deadline for filing service and return (#6.0): ALLOWED Although the motion is not in compliance with Sup. Ct. R. 9A the motion is allowed. Plaintiff shall have additional time to extend the filing of return of service. Plaintiff shall file a motion to amend the complaint. M.R.Civ.P.R.15. Judge: Duncan, Hon. Tracy
  12. Attorney appearance electronically filed.
  13. Attorney appearance On this date David R Marks, Esq. added as Attorney for the Commonwealth for Defendant Mass Division of Insurance Board of Appeal
  14. Plaintiff Robert Pollak's Submission of list of documents
  15. Plaintiff Robert Pollak's Certificate of service
  16. Plaintiff Robert Pollak's Motion to amend complaint
  17. Plaintiff Robert Pollak's Motion to submit transcript
  18. Transcript received [of August 13, 2024 Surcharge Hearing]
  19. Amended: first amended complaint filed by Robert Pollak seeking judicial review of a decision of the Massachusetts Insurance Board of Appeal
  20. Attorney appearance electronically filed. Applies To: Mass Division of Insurance Board of Appeal (Defendant)
  21. Administrative record filed: Applies To: Marks, Esq., David R (Attorney) on behalf of Mass Division of Insurance Board of Appeal (Defendant)
  22. Defendant Mass Division of Insurance Board of Appeal's Notice of waiver of oral argument Applies To: Marks, Esq., David R (Attorney) on behalf of Mass Division of Insurance Board of Appeal (Defendant)
  23. Defendant Mass Division of Insurance Board of Appeal's Notice of assent to plaintiff's motion to amend complaint to add Progressive Direct Insurance Company as a defendant
  24. Defendant Mass Division of Insurance Board of Appeal's Motion to appear at hearing by Zoom
  25. Endorsement on Motion to appear at hearing by Zoom (#15.0): ALLOWED BDS, Clerk of Courts Judge: Simanski, Benjamin D
  26. Event Result:: Motion Hearing to Amend Complaint scheduled on: 03/25/2025 02:00 PM Has been: Held as Scheduled Comments: The parties appeared before the Court for the previously scheduled CRS/MH. The Court heard from the parties in support of each respective position as to plaintiff's motions (P#9-11). After hearing, the Court ALLOWED plaintiff's motions and set a next date of 05/15/2025 at 02:00 pm for CRS. (Simanski, FTR, FCCtRm 4) Hon. Tracy Duncan, Presiding
  27. Event Result:: Motion Hearing scheduled on: 03/25/2025 02:00 PM Has been: Held as Scheduled Hon. Tracy Duncan, Presiding
  28. Event Result:: Conference to Review Status scheduled on: 03/25/2025 02:00 PM Has been: Held as Scheduled Hon. Tracy Duncan, Presiding
  29. Endorsement on Motion to amend complaint (#9.0): ALLOWED
  30. Endorsement on Motion to submit transcript (#10.0): ALLOWED
  31. Plaintiff Robert Pollak's Assented to Motion to extend tracking
  32. Endorsement on Motion to extend tracking (#16.0): ALLOWED
  33. Answer to amended complaint Applies To: Progressive Insurance Company (Defendant); Hassett, Esq., David F (Attorney) on behalf of Progressive Insurance Company (Defendant); McCaffrey, Esq., Casey L (Attorney) on behalf of Progressive Insurance Company (Defendant); Gallerani, Esq., Victoria A (Attorney) on behalf of Progressive Insurance Company (Defendant)
  34. Attorney appearance electronically filed. On this date Casey L McCaffrey, Esq. added as Private Counsel for Defendant-Intervenor Progressive Insurance Company
  35. Attorney appearance electronically filed. On this date David F Hassett, Esq. added as Private Counsel for Defendant-Intervenor Progressive Insurance Company
  36. Attorney appearance electronically filed. On this date Victoria A Gallerani, Esq. added as Private Counsel for Defendant-Intervenor Progressive Insurance Company
  37. Defendant files Uniform Counsel Certification. Applies To: Progressive Insurance Company (Defendant); Hassett, Esq., David F (Attorney) on behalf of Progressive Insurance Company (Defendant); McCaffrey, Esq., Casey L (Attorney) on behalf of Progressive Insurance Company (Defendant); Gallerani, Esq., Victoria A (Attorney) on behalf of Progressive Insurance Company (Defendant)
  38. Event Result:: Conference to Review Status scheduled on: 05/15/2025 02:00 PM Has been: Held as Scheduled Comments: The parties appeared before the court for previously scheduled CRS. The parties agreed that the plaintiff motion for pleadings file by date is 6/16/25. (Webber, FTR, CrtRm 4) Hon. Bertha D Josephson, Presiding
  39. Attorney appearance electronically filed.
  40. Attorney appearance On this date Lindsey E Vasaturo, Esq. added as Private Counsel for Defendant Progressive Insurance Company
  41. Plaintiff Robert Pollak's Motion for extension of deadline to file motion for ruling on the pleadings
  42. Plaintiff Robert Pollak's Motion to dismiss defendant Progressive Direct Insurance Company pursuant to Mass. R. Civ. P. 21
  43. Robert Pollak's Memorandum memorandum of law in support of #19 plaintiff's motion for extension of deadline to file motion for ruling on the pleadings
  44. Robert Pollak's Memorandum memorandum of law in support of #20 plaintiff's motion to dismiss defendant Progressive Direct Insurance Company pursuant to Mass. R. Civ. P. 21
  45. Plaintiff Robert Pollak's Assented to Motion to dismiss defendant Progressive Direct Insurance Company pursuant to Mass. R. Civ. P. 21
  46. Endorsement on Motion for extension of deadline to file motion for ruling on the pleadings (#19.0): ALLOWED Judge: Bucci, Hon. Jeremy C
  47. Endorsement on Motion to dismiss defendant Progressive Direct Insurance Company pursuant to Mass. R. Civ. P. 21 (#20.0): Other action taken Superseded by filing #23. Treated as withdrawn. Judge: Bucci, Hon. Jeremy C
  48. Endorsement on Motion to dismiss defendant Progressive Direct Insurance Company pursuant to Mass. R. Civ. P. 21 (#23.0): ALLOWED Judge: Bucci, Hon. Jeremy C
  49. Party status: Defendant Progressive Insurance Company: Dismissed;
  50. Defendant Mass Division of Insurance Board of Appeal's Notice of Service of Motion to Dismiss.
  51. Rule 9A notice of filing Notice of service Applies To: Pollak, Robert (Plaintiff)
  52. Plaintiff Robert Pollak's Motion to enlarge time to serve and file 9A packageService of Rule 56 Applies To: Pollak, Robert (Plaintiff)
  53. Endorsement on Motion to enlarge time to serve and file 9A package (#25.0): ALLOWED
  54. Event Result:: Conference to Review Status scheduled on: 08/07/2025 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Jeremy C Bucci, Presiding
  55. Plaintiff Robert Pollak's Assented to Motion for scheduling order.
  56. Endorsement on Motion for scheduling order (#26.0): ALLOWED
  57. Defendant Mass Division of Insurance Board of Appeal's Notice of Index of Motion Documents.
  58. Defendant Mass Division of Insurance Board of Appeal's Motion to dismiss all counts pursuant to MRCP 12(b) or, in the alternative, to vacate the prior order dismissing the insurer from the case, as it is a necessary party.
  59. Opposition to defendant Board of Appeal's motion to dismiss Plaintiff's complaint or, in the alternative, to vacate the prior order dismissing the insurer from the case. filed by Robert Pollak
  60. Reply/Sur-reply Defendant Board of Appeal on Motor Vehicle Liability Policies and Bonds' reply in further support of its motion to dismiss plaintiff's complaint or, in the alternative, to vacate the prior order dismissing the insurer from the case, as it is a necessary party.
  61. Rule 9A notice of filing
  62. Certificate of Compliance Superior Court Rule 9C
  63. Event Result:: Hearing for Judgment on Pleading scheduled on: 10/16/2025 02:00 PM Has been: Rescheduled For the following reason: Other event activity needed Comments: MTD filed. Hon. Jeremy C Bucci, Presiding
  64. other document, returned UNSERVED endorsement of #26. Updated Plaintiff's address and resent 08/29/25. Applies To: Pollak, Robert (Plaintiff)
  65. Plaintiff Robert Pollak's Joint Motion to remand to Board of Appeal on Motor Vehicle Liability Polices and Bonds for a rehearing.
  66. Endorsement on Motion to remand to board of appeal on motor vehicle liability policies and bonds for a rehearing (#33.0): ALLOWED
  67. Event Result:: Motion Hearing scheduled on: 10/16/2025 02:00 PM Has been: Canceled For the following reason: Case Disposed Hon. David Hodge, Presiding

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