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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-24
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 31 entries
Disposition judgment entered

Parties

Plaintiff Pai, Vivek
Defendant Hale Reinert, Sally|Hale Armour, Susan|Hale, Iii, William E.|Hale, Maureen

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 439475 Date: 03/24/2023
  4. and Court surcharge Receipt: 439475 Date: 03/24/2023
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the A Track. Notice sent.
  7. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 04/26/2023 Time: 11:00 AM
  8. ase Management Conference Statement, filed.
  9. iligent Search and Service Affidavit of Defendants, filed.
  10. vent Resulted: Case Management Conference scheduled on: 04/26/2023 11:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  11. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 05/04/2023 Time: 12:00 PM
  12. vent Resulted: Case Management Conference scheduled on: 05/04/2023 12:00 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  13. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  14. elephonic case management conference and initial intervention event held. Plaintiff Vivek Pai appeared through counsel. No other parties appeared. Ms. Pai, who currently occupies 2 Hartshorn Road in Walpole, seeks to have her title to the property confirmed notwithstanding problems with the power of attorney for grantor Florence M. Hale. The defendants are the known heirs of Ms. Hale. The Court DIRECTS the Recorder to enter the defaults of defendants Sally Hale Reinert, Susan Hale Armour, and William Hale III in this proceeding, as it appears that Ms. Pai served each of them more than twenty days ago and none of them has appeared or filed a responsive pleading. That leaves only defendant Maureen Hale, for whom Pai has not received a return of service. The Court ORDERS Ms. Pai to file by June 5, 2023, either a return of service on Maureen Hale or a status report on Pai's efforts to obtain such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 05/04/2023 13:19:09
  15. efendant Sally Hale Reinert, Susan Hale Armour, William E. Hale, III defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  16. eport of Service on Maureen Hale, filed.
  17. he Court has reviewed Plaintiff's Report of Service. The Court ORDERS Plaintiff to show cause in writing by June 8, 2023, why Plaintiff's claims against Maureen Hale should not be dismissed. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 06/01/2023 12:53:07
  18. laintiffs' Email Assent to claims against Defendant Maureen Hale, filed.
  19. ith Plaintiffs' assent, the Court DISMISSES without prejudice Plaintiff's claims against defendant Maureen Hale. The Court ORDERS Plaintiff to file by June 15, 2023, a suitable motion under Rule 55(b), Mass. R. Civ. P., as to the remaining defendants. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 06/01/2023 14:09:01
  20. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Sally Hale Reinert, Susan Hale Armour, William E. Hale, III, filed.
  21. laintiff's Motion for Entry of Final Judgment by Default Pursuant to Mass. R. CIV. P. 55(b), filed.
  22. emorandum in Support of Plaintiff's Motion for Entry of Final Judgment by Default, filed.
  23. he Court has received Plaintiff's Request for Entry of Default. The Court DENIES the Request as moot, as the Recorder entered the defaults of defendants Sally Hale Reinert, Susan Hale Armour, and William E. Hale, III on May 4, 2023. The Court takes Plaintiff's Motion for Entry of Final Judgment by Default under advisement pending the scheduling of a hearing by the Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 06/28/2023 08:57:17
  24. he Court has reviewed Plaintiff's Motion for Entry of Final Judgment. The Court ORDERS Plaintiff by July 14, 2023, to supplement the motion with proof that none of the defaulted defendants is "an infant or incompetent person or an incapacitated person," see Rule 55(b)(2), Mass. R. Civ. P., as well as the proof described in Rule 55(b)(4). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 07/03/2023 08:46:36
  25. ffidavit as to Military Service, filed.
  26. laintiff's Proof Pursuant to M.R.C.P. Rule 55(b)(2) that None of the Defendants are an Infant or an Incompetent or Incapacitated Person, filed.
  27. he Court ORDERS the parties to appear by telephone on August 4, 2023, at 10:30 AM for a hearing on Plaintiff's Motion for Entry of Default Judgment. The Court ORDERS Plaintiff to serve on each of the defendants by July 21, 2023, a copy of this order, Plaintiff's motion, and all supporting materials. The Court ORDERS Plaintiff to file by August 2, 2023, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 07/12/2023 09:16:37
  28. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 08/04/2023 Time: 10:30 AM
  29. laintiff's Affidavit Regarding Service of Defendants Relative to the Court's Order on the Hearing on Plaintiff's Motion for Entry of Default Judgment Scheduled for August 4, 2023, filed.
  30. vent Resulted: Hearing scheduled on: 08/04/2023 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  31. elephonic hearing held on Mr. Pai's motion for entry of a default judgment. Mr. Pai appeared through counsel. Defaulted defendant Sally Hale Reinert also appeared, representing herself. No one else appeared. Ms. Hale Reinert stated she did not oppose Mr. Pai's motion. Without opposition, the Court GRANTS the motion. A separate Default Judgment will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 08/04/2023 11:32:32

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