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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-09-06
Status Open
Type Summary Process Residential
Docket 95 entries

Parties

Plaintiff Latitiude Capital, Llc
Defendant Bastien Shah, Nastasia|Shah, Farkhanda Kandy

Lawyers

Docket Entries

  1. Case assigned to: DCM Track X - Accelerated was added on 09/06/2022
  2. Summary Process Summons and Complaint
  3. Civil action cover sheet filed.
  4. The following form was generated: Notice to Appear for Conference to Review Status (9/13/22) Sent On: 09/06/2022 15:53:28
  5. Plaintiff Latitiude Capital, LLC's Request to continue / reschedule an event 09/13/2022 02:01 PM Conference to Review Status
  6. Endorsement on Request to continue / reschedule an event (#3.0): ALLOWED
  7. The following form was generated: Notice to Appear for Conference to Review Status (9/21/22) Sent On: 09/13/2022 10:24:07
  8. other document, returned SERVED clerk's notice and motion to reschedule Applies To: Farkhanda Kandy Shah Also Known As Farkhanda Shah (Defendant)
  9. Agreement for Judgment: (see attached) /////////////////////////////////////////////VACATED
  10. Notice of appeal filed. Applies To: Farkhanda Kandy Shah Also Known As Farkhanda Shah (Defendant)///////////////////////////////////////STRICKEN
  11. Event Result:: Conference to Review Status scheduled on: 09/21/2022 02:01 PM Has been: Held as Scheduled Hon. C. William Barrett, Presiding Staff: Debra Vernava, Assistant Clerk Magistrate
  12. Request for execution Applies To: Hadlock, Esq., David F (Attorney) on behalf of Latitiude Capital, LLC (Plaintiff)
  13. Defendant Farkhanda Kandy Shah Also Known As Farkhanda Shah's Motion to dismiss all counts with counter claims and opposition to the agreement submitted for the judgment (with proposed settlement agreement)
  14. Attorney appearance On this date Pro Se added for Defendant Farkhanda Kandy Shah Also Known As Farkhanda Shah
  15. Opposition to to Motion to Dismiss and Motion for Orders Dismissing or Conditioning Appeal filed by Latitiude Capital, LLC
  16. David F Hadlock, Esq.'s Memorandum in opposition to Motion to Reconsider Preliminary Injunction and in Support of Various Counter Motions
  17. The following form was generated: Notice to Appear Sent On: 10/31/2022 13:55:37
  18. Case file images-Notice to Appear for Motion Hearing
  19. Plaintiff Latitiude Capital, LLC's EMERGENCY Motion to continue / reschedule an event 11/29/2022 03:00 PM Motion Hearing
  20. Event Result:: Motion Hearing scheduled on: 11/29/2022 03:00 PM Has been: Not Held For the following reason: Request of Plaintiff Hon. Jeffrey Karp, Presiding Staff: Debra Vernava, Assistant Clerk Magistrate
  21. Endorsement on Motion to continue / reschedule an event (#10.0): ALLOWED Judge: Karp, Hon. Jeffrey
  22. The following form was generated: Notice to Appear Sent On: 11/21/2022 12:16:08
  23. The following form was generated: Notice to Appear Sent On: 11/21/2022 12:17:15
  24. The following form was generated: Notice to Appear Sent On: 11/21/2022 12:19:41
  25. The following form was generated: Notice to Appear Sent On: 11/21/2022 12:37:08
  26. Case file images: Notice to Appear for Motion Hearing on 12/5/2022 at 3:00 pm via zoom
  27. Matter taken under advisement: Motion Hearing scheduled on: 12/05/2022 03:00 PM Has been: Held - Under advisement Hon. Jeffrey Karp, Presiding Staff: Debra Vernava, Assistant Clerk Magistrate
  28. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit
  29. MEMORANDUM & ORDER: ORDER: For the above reasons, it is HEREBY ORDERED that: 1. Farkhanda Shah's Motion To Dismiss The Case With Counterclaims And Opposition To The Agreement Submitted For The Judgment (Paper No. 8) is ALLOWED in part and DENIED in part. 2. Plaintiff's Motion For Orders Dismissing Or Conditioning Appeal (Paper No. 9) is ALLOWED in part and DENIED in part. 3. The entry of Judgment is VACATED. 4. Farkhanda Shah's Notice of Appeal (Paper No. 6) is STRICKEN. 5. This matter shall be set down for a trial without a jury before the undersigned Judge. Judge: Karp, Hon. Jeffrey
  30. Endorsement on Motion to Defendant Motion to Dismiss the Case with Counter claims and Opposition to the agreement submitted for the judgment (#8.0): Other action taken After hearing on 12/5/2022, ALLOWED in part and DENIED in part. See Order at Paper #12. Judge: Karp, Hon. Jeffrey
  31. Endorsement on Objection to Plaintiff's Opposition to Dismiss and Motion for Orders Dismissing or Conditioning Appeal (#9.0): Other action taken After hearing on 12/5/2022, ALLOWED in part and DENIED in part. See Order at Paper No. 12 Judge: Karp, Hon. Jeffrey
  32. Determination regarding normal fees and costs ALLOWED FORTHWITH by Clerk waived in full , pursuant to G. L. c. 261, § 27C(2). Filing fees and transcript fees Note: Notice of Appeal relating to this Determination Regarding Fees and Costs has been stricken from the docket. See Paper 12.
  33. The following form was generated: Notice to Appear Sent On: 12/15/2022 10:21:15
  34. Case file images - Notice to Appear for Summary Process Trial in Newburyport Superior Court on 1/19/23 in person.
  35. Docket Note: Files sent to NBPT Copied from linked case: 2177CV00714
  36. Defendant Farkhanda Kandy Shah Also Known As Farkhanda Shah's Motion to Dismiss the case and order pain and suffering in favor of the defendant Farkhanda Shah
  37. Attorney appearance On this date Pro Se added for Defendant Nastasia Bastien-Shah Trustee of The 13 Abby Ellen Lane Realty Trust
  38. Plaintiff Latitiude Capital, LLC's Submission of Proposed Findings of Fact
  39. Endorsement on Motion to dismiss the Case and Order Pain and Suffering in Favor of the Defendant Farkhanda Shah (#14.0): DENIED After thorough review, DENIED. The defendant has failed to set forth any basis to warrant dismissal of this summary process action. This matter shall proceed to trial today as planned. Judge: Karp, Hon. Jeffrey
  40. Event Result:: Jury Waived Trial scheduled on: 01/20/2023 09:00 AM Has been: Canceled For the following reason: By Court prior to date Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
  41. Matter taken under advisement: Jury Waived Trial scheduled on: 01/19/2023 09:00 AM Has been: Held - Under advisement Comments: FTR - 9:42:09 a.m. - 12:07:44 p.m. and 12:28:10 p.m., courtroom 1 Opening, Examination of Nastasia Bastien-Shah, plaintiff rests, Testimony by Farkhanda Shah, defense rests, matter taken Under Advisement Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
  42. List of exhibits TRIAL EXHIBITS 1-12
  43. Witness list TRIAL WITNESS LIST Applies To: Latitiude Capital, LLC (Plaintiff); Farkhanda Kandy Shah Also Known As Farkhanda Shah (Defendant)
  44. Event Result:: Hearing on Contempt scheduled on: 01/19/2023 09:00 AM Has been: Held as Scheduled Comments: FTR - 12:08:30 p.m. - 12:29:10, (first call), 12:29:20 - 12:30:09 p.m., courtroom 1 Contempt summons issued for Contempt Trial on 2/10/23 at 2:00 p.m.. Farkhanda Shah served with Contempt Summons and Complaint in hand by Court Officer Tom Joyce. Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate Copied from linked case: 2177CV00714
  45. Summons on Contempt Issued for Contempt Trial on 2/10/23 at 2:00 p.m. in person Copied from linked case: 2177CV00714
  46. Summons on Contempt, returned SERVED Farkhanda Shah served in hand at Newburyport Superior Court on 1/19/23 by Court Officer Thomas Joyce Applies To: Shah, Farkhanda (Plaintiff) Copied from linked case: 2177CV00714
  47. Findings of Fact and Rulings of Law: FINDINGS OF FACT, RULINGS OF LAW AND ORDER FOR ENTRY OF JUDGMENT AFTER SUMMARY PROCESS TRIAL BEFORE THE COURT *** Upon consideration of the foregoing Findings of Fact and Rulings of Law, it is hereby ORDERED that: 1. JUDGMENT FOR POSSESSION of the property located at 13 Abby Ellen Lane, Peabody, Massachusetts SHALL ENTER on behalf of Latitude Capital, LLC, and against Farkhanda Shah, Nastasia Bastien-Shah as trustee of 13 Abby Ellen Lane Realty Trust, and all others presently occupying said property. 2. JUDGMENT in the amount of $20,000 SHALL ENTER on behalf of Latitude Capital, LLC, and against Farkhanda Shah for unpaid use and occupancy of said property, plus costs. (See Paper No. 18 for full text of the Court's Findings of Fact and Rulings of Law) Judge: Karp, Hon. Jeffrey
  48. Defendant Farkhanda Kandy Shah Also Known As Farkhanda Shah's motion for reconsideration of judgment
  49. Defendant Farkhanda Kandy Shah Also Known As Farkhanda Shah's motion to stay pending appeal
  50. JUDGMENT FOR POSSESSION entered on this date.: Judgment After Finding After Jury Waived Trial Presiding: Hon. Jeffrey Karp Judgment For: Latitiude Capital, LLC Judgment Against: Nastasia Bastien-Shah Farkhanda Kandy Shah Terms of Judgment: Jdgmnt Date: 01/25/2023 Damages: Damage Amt: 20000.00 Filing Fees: 290.00 Costs Pd to Court: .00 Other Costs: .00 Punitive Damages: .00 Crt Ord Atty Fee: .00 Judgment Total: 20,290.00 Further Orders: In accordance with the Findings of Fact, Rulings of Law and Order for Entry of Judgment After Summary Process Trial Before the Court dated 1/24/23 (Paper #18): (1) JUDGMENT FOR POSSESSION ALLOWED of the property located at 13 Abby Ellen Lane, Peabody, MA on behalf of Latitude Capital, LLC and against Farkhanda Shah, Nastasia Bastien-Shah as trustee of the 13 Abby Ellen Lane Realty Trust, and all others presently occupying the property; and (2) JUDGMENT hereby enters in the amount of $20,290 against defendant FARKHANDA SHAH ONLY for unpaid use and occupancy, including costs.
  51. Notice of appeal filed. Applies To: Farkhanda Kandy Shah Also Known As Farkhanda Shah (Defendant)
  52. Copy of Notice of Appeal sent to all counsel/parties of record
  53. Opposition to Plaintiff's post trial motions and Notice of appeal filed by Latitiude Capital, LLC
  54. Endorsement on Motion to reconsider the judgment (#19.0): DENIED After thorough consideration, DENIED. It is unclear what relief this Defendant request and under what legal authority. The Court will assume she seeks relief from the judgment pursuant to Mass. R.Civ.P.60(b)(6). See Unif.R.Summ, P. 11 (b). In the motion, this Defendant asks the court to consider "[f[ acts [that] were not presented" at the trial. However, she was given ample opportunity at the trial to present evidence and testify on her own behalf, which she did. therefore, the court declines to consider that "facts" presented hereon. Moreover, this Defendant has failed to demonstrate any grounds warranting relief from judgment under Rule 60(b)(6). See Adoption of Yvonne, 99 Mass. App. G. 574, 583-584 (2021) (Listing Factors)
  55. Endorsement on Submission of Opposition to Post Trial Motions and Notice of Appeal (#24.0): Other action taken The court will treat this as a motion for setting of an appeal bond. See Unif. Summ. P.R.12 and G.L. c. 23A, Section 5. An in person hearing on said motion will be held on 1/31/23 at 2:00 p.m. Judge: Karp, Hon. Jeffrey
  56. The following form was generated: Notice to Appear Sent On: 01/26/2023 12:36:52
  57. Case file images - Notice to Appear for Hearing on Motion to Set an Appeal Bond on 1/31/23 at 2:00 p.m. in person (notices sent via email and by mail to all parties this date)
  58. Endorsement on Motion to Stay On Execution of Judgment (#20.0): No Action Taken The issuance of an execution is stayed pursuant to M.R.Civ.P. 62(d) as a result of the defendant's filing of a Notice of Appeal. Judge: Karp, Hon. Jeffrey
  59. Matter taken under advisement: Motion Hearing scheduled on: 01/31/2023 02:00 PM Has been: Held - Under advisement Comments: FTR - 2:42:38 p.m. - 3:16:38 p.m., courtroom 1 Findings on record (beginning at 3:12:13 p.m.)on motion for appeal bond (defendant's motion to waive appeal bond is denied); issue of amount of bond and request for continued payment of use of occupancy pending appeal is taken under advisement. Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
  60. Endorsement on Submission of Opposition to Post Trial Motions and Notice of Appeal (#24.0): Other action taken After hearing, the defendant's oral motion to waive the appeal bond pursuant to G.L. c. 239, section 5(e) is DENIED for the reasons stated. The plaintiff's request for an appeal bond is ALLOWED. It is HEREBY ORDERED that the appeal bond is $20,000, which shall be payable to the plaintiff and secured by the defendant by depositing said amount with the Clerk's Office pursuant to G.L. c. 239, section 5(c) within 21 days hereof. As a further condition of the appeal bond, the defendant shall pay the plaintiff $4,000 per month beginning 2/1/23 for use and occupancy of the premises until delivery of possession of the property to the plaintiff.
  61. CD of Transcript of 01/19/2023 09:00 AM Jury Waived Trial received from LMP Reporting.
  62. Notice of docket entry received from Appeals Court Notice of Failure to Enter Appeal Timely Copied from linked case: 2177CV00714
  63. Matter taken under advisement: Hearing on Contempt scheduled on: 02/10/2023 02:00 PM Has been: Held - Under advisement Comments: FTR - 2:08:25 p.m. - 2:40:32 p.m., courtroom 1 Contempt hearing held (Examination of Farkhanda Shah, Exhibits 1-4 marked and entered into evidence, findings of fact made on the record at 2:23:55, the disposition is taken under advisement, Atty Hadlock to email clerk a proposed Order on the disposition by Monday 2/13, and Ms. Shah's oral motion to continue DENIED on the record). Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate Copied from linked case: 2177CV00714
  64. Witness list (Contempt Hearing) Applies To: Shah, Farkhanda (Plaintiff); Hadlock, David (Defendant) Copied from linked case: 2177CV00714
  65. List of exhibits (Exhibits 1-4 marked and entered into evidence at Contempt Hearing) Applies To: Shah, Farkhanda (Plaintiff); Hadlock, David (Defendant) Copied from linked case: 2177CV00714
  66. Attorney appearance electronically filed. Copied from linked case: 2177CV00714
  67. Proposed Filings/Orders (Proposed Contempt Order) Applies To: Hadlock, David (Defendant) Copied from linked case: 2177CV00714
  68. Plaintiff Latitiude Capital, LLC's Motion to Dismiss appeal and Issue execution
  69. ORDER: ORDER AFTER FINDING OF CONTEMPT * * * WHEREFORE, it is HEREBY ORDERED and ADJUDGED that: 1. Farkhanda Shah is in civil contempt of Paragraph 3 of the Preliminary Injunction issued by the court (Barrett, J.) on September 21, 2022 (Paper No. 39). 2. Farkhanda Shah shall not occupy, and immediately leave and stay at least 25 yards away from, the property located at 13 Abby Ellen Lane, Peabody, MA. 3. Farkhanda Shah shall pay the sum of $100.00 per day to the court (made payable to the Commonwealth of Massachusetts) for every day after the date of this Order that she fails to leave and stay at least 25 yards away from said property. 4. Latitude Capital, LLC, having been found the holder of legal title to the property after a summary process trial in the matter of Latitude Capital, LLC, v. Farkhanda Shah, et al., Essex Superior Court No. 2277CV00843, has the sole and exclusive right to immediate possession and occupancy of said property, and may take all steps authorized by the law to remove and preclude Farkhanda Shah from entering, remaining in, and occupying said property. 5. Judgment of Contempt SHALL ENTER accordingly. (See Paper No. 58 for full text of Order After Finding of Contempt) Judge: Karp, Hon. Jeffrey Copied from linked case: 2177CV00714
  70. Docket Note: Paper No. 58 emailed to Atty Hadlock, F. Shah and N. Shah Copied from linked case: 2177CV00714
  71. Finding by the Court. It is ORDERED and ADJUDGED:: 1. Farkhanda Shah is in civil contempt of Paragraph 3 of the Preliminary Injunction issued by the court (Barrett, J.) on September 21, 2022 (Paper No. 39). 2. Farkhanda Shah shall not occupy, and immediately leave and stay at least 25 yards away from, the property located at 13 Abby Ellen Lane, Peabody, MA. 3. Farkhanda Shah shall pay the sum of $100.00 per day to the court (made payable to the Commonwealth of Massachusetts) for every day after the date of this Order that she fails to leave and stay at least 25 yards away from said property. 4. Latitude Capital, LLC, having been found the holder of legal title to the property after a summary process trial in the matter of Latitude Capital, LLC, v. Farkhanda Shah, et al., Essex Superior Court No. 2277CV00843, has the sole and exclusive right to immediate possession and occupancy of said property, and may take all steps authorized by the law to remove and preclude Farkhanda Shah from entering, remaining in, and occupying said property. Judge: Karp, Hon. Jeffrey Copied from linked case: 2177CV00714
  72. Docket Note: Paper No. 59 emailed to Atty Hadlock, F. Shah, and N. Shah Copied from linked case: 2177CV00714
  73. 's Copied from linked case: 2177CV00714
  74. Farkhanda Shah's MOTION for reconsideration of Court Order dated 02/28/2023 re: paper #59.0. and/or amend the order Copied from linked case: 2177CV00714
  75. The following form was generated: Notice to Appear Sent On: 03/01/2023 10:10:23
  76. Case file images - Notice to Appear for Hearing on Motion to Dismiss Appeal and Issue Execution on 3/3/23 at 10:00 a.m. via Zoom (notices sent via email)
  77. The following form was generated: Notice to Appear Sent On: 03/01/2023 09:55:34 Copied from linked case: 2177CV00714
  78. Case file images - Notice to Appear for Hearing on Motion for Reconsideration on 3/3/23 at 10:00 a.m. via Zoom (notices sent via email) Copied from linked case: 2177CV00714
  79. 's Copied from linked case: 2177CV00714
  80. Endorsement on Motion to Allow To Take Life Savings Medicine from the home and Allow to Enter the Home (#61.0): Other action taken ALLOWED in part. Notwithstanding the Order After Finding of Contempt, it is hereby ORDERED that Ms. Shah may enter the property on ONE occasion in the presence of a deputy sheriff, police officer, or constable to retrieve medicine and other personal items on a date and time agreed upon by Latitude Capital LLC. Said entry shall be no longer than 20 minutes unless Latitude agrees to a longer length of time. Judge: Karp, Hon. Jeffrey Copied from linked case: 2177CV00714
  81. Plaintiff Farkhanda Shah's Motion to extend time to stay at home Copied from linked case: 2177CV00714
  82. Defendants David Hadlock, Lattitute Capital - LLC's Response to Plaintiff's Emergency Motion to Take Life Saving Medicine from Home Copied from linked case: 2177CV00714
  83. Endorsement on Motion to Extend Time to Stay at Home (#62.0): DENIED After thorough consideration, DENIED. A court order (preliminary injunction) was issued on 9/21/22 at a hearing at which Ms. Shah appeared, which ordered her to vacate the property. Since, she has been before the Court a number of times at which the Court admonished her that she must leave and stay away from the property. Ms. Shah has had more than 5 months to find replacement housing and has apparently failed to even try. The purported hardship that Ms. Shah now seeks to avoid is of her own making. Judge: Karp, Hon. Jeffrey Copied from linked case: 2177CV00714
  84. Endorsement on Motion to Reconsider Judgment and/or Amend the Order (#60.0): DENIED After thorough consideration, DENIED. Ms. Shah has failed to demonstrate a basis for reconsideration of this Court's Order of Contempt. See Commonwealth v. Demirtshyan, 87 Mass. App. Ct. 737, 741 n.8 (2015). To the extent Ms. Shah seeks to amend the judgment pursuant to M. R. Civ. P. 59(e) or a motion for a new trial pursuant to M. R. Civ. P. 59(a), DENIED. The hearing scheduled on this motion is hereby CANCELLED. Judge: Karp, Hon. Jeffrey Copied from linked case: 2177CV00714
  85. Endorsement on Motion to Dismiss Appeal and Issue Execution (#26.0): Other action taken On 1/31/23 this Court ordered Ms. Shah to post an appeal bond of $20,000 within 21 days. She failed to do so. Therefore, pursuant to G.L. c. 239, § 5(c), she is not allowed to appeal the judgment for possession. Wherefore, it is HEREBY ORDERED that Ms. Shah's appeal is dismissed and execution for possession on behalf of the plaintiff shall issue forthwith. (3/1/23)
  86. Event Result:: Motion Hearing scheduled on: 03/03/2023 10:00 AM Has been: Canceled For the following reason: By Court prior to date Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
  87. Event Result:: Motion Hearing for Reconsideration scheduled on: 03/03/2023 10:00 AM Has been: Canceled For the following reason: By Court prior to date Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate Copied from linked case: 2177CV00714
  88. Docket Note: File sent to Lawrence
  89. Execution Issued: Execution Judgment Debtor: Nastasia Bastien-Shah Trustee of The 13 Abby Ellen Lane Realty Trust / Farkhanda Kandy Shah Also Known As Farkhanda Shah Judgment Creditor: Latitiude Capital, LLC Terms of Execution: EXON Issuance Date: 03/03/2023 Judgment Total: 20,290.00 Post Judgment Int. Rate: .12 Post Judgment Int. Total: 246.99 Execution Subtotal: 20,536.99 Execution Total: 20,536.99 Further Orders: Execution issues against Farkhanda Shah ONLY in the amount of $20,290 for unpaid use and occupancy, including costs. Execution for possession against Farkhanda Shah, Nastasia Bastien-Shah as trustee of the 13 Abby Ellen Lane Realty Trust, and all others presently occupying the property located at 13 Abby Ellen Lane, Peabody, MA.
  90. Other Interested Party Paulette Cunatselos's EMERGENCY Motion for relief from judgment
  91. Endorsement on Motion for Relief From Judgment (#27.0): DENIED The Court will treat this as other interested party's motion for relief from judgment. After hearing, DENIED, for the reasons stated. Judge: Karp, Hon. Jeffrey
  92. Event Result:: Motion Hearing scheduled on: 03/30/2023 03:00 PM Has been: Held as Scheduled Comments: FTR - 3:16:00 p.m. - 3:44:44 p.m., courtroom 1 Other interested party, Ms. Canatslesos and Atty Hadlock appeared. Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
  93. Defendant Farkhanda Kandy Shah Also Known As Farkhanda Shah's Request for Audio hearing
  94. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed with Supplemental affidavit
  95. Determination regarding normal fees and costs ALLOWED by judge waived in full , pursuant to G. L. c. 261, § 27C(2).

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