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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-18
Status Closed
Type Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket 54 entries

Parties

Plaintiff Mortgage Assets Management, Llc
Defendant De Fazio, Diane|Daniel De Fazio Individually And As An Heir To The, Two Above Referenced Estates|Commonwealth Of Massachusetts Executive Office Of Health And Human Services ('mass Health')

Docket Entries

  1. erified Complaint, filed.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 437558 Date: 01/18/2023
  4. and Court surcharge Receipt: 437558 Date: 01/18/2023
  5. and Court summons Receipt: 437558 Date: 01/18/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. xcluded from scan 2 Certificates of Vital Record from the complaint, parts of Exhibit B and Exhibit D
  8. he case has been assigned to the A Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Robert M Mendillo, Esq. [email protected] Sent On: 01/24/2023 12:52:28
  9. ummons returned to Court with service on Diane DeFazio, Daniel DeFazio filed. As to Diane DeFazio - 02/17/2023: Service by leaving at the last and usual place of abode and by mailing 1st class; As to Daniel DeFazio - 02/17/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
  10. ppearance of Lawrence Perchick, Esq. for Commonwealth of Massachusetts Executive Office of Health and Human Services, filed
  11. ummons returned to Court with service on Commonwealth of Massachusetts Executive Office of Health and Human Services filed. 03/03/2023: Service in hand to Mary Skahen, agent and person in charge at the time of ervice for Commonwealth of Massachusetts Executive Office of Health and Human Services;
  12. efendant's (Diane DeFazio) Answer and Statement of Facts, filed.
  13. laintiff's Reply to Defendant Diane DeFazio's Counterclaim, filed by email.
  14. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 04/11/2023 Time: 09:30 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendant Diane DeFazio; and Attorney Lawrence Perchick.
  15. vent Resulted: Case Management Conference scheduled on: 04/11/2023 09:30 AM Has been: Rescheduled. Hon. Jennifer S.D. Roberts, Presiding
  16. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 04/27/2023 Time: 09:30 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendant Diane DeFazio; and Attorney Lawrence Perchick.
  17. vent Resulted: Case Management Conference scheduled on: 04/27/2023 09:30 AM Has been: Rescheduled at email request of Attorney Mendillo. Case Management Conference via Zoom rescheduled to May 5, 2023 at 9:00 AM. Hon. Jennifer S.D. Roberts, Presiding
  18. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 05/05/2023 Time: 09:00 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendant Diane DeFazio; and Attorney Lawrence Perchick.
  19. ummons returned to Court with service on Daniel DeFazio filed. 04/10/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
  20. nswer, Counterclaim, and Cross-Claim of Defendant Executive Office of Health and Human Services, filed by email.
  21. he Parties' Joint Statement for the Case Management Conference, filed by email.
  22. vent Resulted: Case Management Conference scheduled on: 05/05/2023 09:00 AM Has been: Rescheduled at the email request of parties. Case Management Conference via Zoom rescheduled to June 15, 2023 at 9:30 AM. Hon. Jennifer S.D. Roberts, Presiding
  23. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 06/15/2023 Time: 09:30 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendants Diane DeFazio and Daniel DeFazio; Attorney Lawrence Perchick; and Attorney Sharon C. Boyle.
  24. laintiff's Motion to Amend Complaint, filed. (Note: [Proposed] Amended Complaint submitted).
  25. vent Resulted: Case Management Conference scheduled on: 06/15/2023 09:30 AM Has been: Held via video. Attorney Robert M. Mendillo appeared for plaintiff, Attorney Lawrence Perchick appeared for the Commonwealth, and defendants Diane DeFazio and Daniel DeFazio (together, the "DeFazios") appeared pro se. In first addressing the plaintiff's Motion To Amend Complaint ("the Motion"), the court stated that the Motion would be denied as futile, the proposed amendment not stating a cause of action (e.g., misrepresentation or mistake) but instead seeking reformation, a remedy. Accordingly, the Motion is DENIED WITHOUT PREJUDICE. In response to the court's inquiry, Attorney Mendillo reported that he would like to resume settlement discussions with the DeFazios in an attempt to resolve this matter, and requested a deadline of August 1, 2023 to do so. The DeFazios were amenable to this. Accordingly, the court scheduled a further Status Conference for August 1, 2023 at 9:00 a.m., to be held via videoconference. Email notice to: Attorney Robert M. Mendillo and Attorney Lawrence Perchick. Hon. Jennifer S.D. Roberts, Presiding
  26. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert M Mendillo, Esq. [email protected] Defendant: Sharon C Boyle, Esq. [email protected] Defendant: Lawrence Perchick, Esq. [email protected] Defendant: Diane DeFazio [email protected] Defendant: Daniel DeFazio [email protected]
  27. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 08/01/2023 Time: 09:00 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendants Diane DeFazio and Daniel DeFazio; Attorney Lawrence Perchick; and Attorney Sharon C. Boyle.
  28. laintiff's Motion to Amend Complaint, filed. (Note: [Proposed] Amended Complaint submitted).
  29. vent Resulted: Status Conference scheduled on: 08/01/2023 09:00 AM Has been: Held via video. Attorney Robert M. Mendillo appeared for plaintiff, Attorney Lawrence Perchick appeared for the Commonwealth, and defendants Diane DeFazio and Daniel DeFazio (together, the "DeFazios") appeared pro se. The court first noted that it was in receipt of Plaintiff's Motion To Amend The Complaint ("the Motion") and expressed its concern that the proposed Count II may not state a viable claim for mutual mistake against parties that were not original signatories to a contract; and the proposed Count III may not state a viable claim for estoppel against the DeFazios based on the facts as pled. Accordingly, the Motion is HELD IN ABEYANCE. The court scheduled a deadline of September 15, 2023 for Attorney Mendillo to file and serve a brief that provides legal authority for Counts II and III. Any response thereto, from either the DeFazios or the Commonwealth, is due by September 29, 2023. The court scheduled a further Status Conference for October 6, 2023 at 11:00 a.m., to be held via videoconference. Email notice to: Attorney Robert M. Mendillo and Attorney Lawrence Perchick. Hon. Jennifer S.D. Roberts, Presiding
  30. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert M Mendillo, Esq. [email protected] Defendant: Sharon C Boyle, Esq. [email protected] Defendant: Lawrence Perchick, Esq. [email protected] Defendant: Diane DeFazio [email protected] Defendant: Daniel DeFazio [email protected]
  31. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 10/06/2023 Time: 11:00 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendants Diane DeFazio and Daniel DeFazio; Attorney Lawrence Perchick; and Attorney Sharon C. Boyle.
  32. vent Resulted: Status Conference scheduled on: 10/06/2023 11:00 AM Has been: Rescheduled due to the Court's schedule and parties notified of same via email. Hon. Jennifer S.D. Roberts, Presiding
  33. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 10/04/2023 Time: 09:30 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendants Diane DeFazio and Daniel DeFazio; Attorney Lawrence Perchick; and Attorney Sharon C. Boyle.
  34. laintiff's Brief In Response to the Court's August 1, 2023 Order, filed.
  35. vent Resulted: Status Conference scheduled on: 10/04/2023 09:30 AM Has been: Held via video. Attorney Robert Mendillo appeared for the plaintiff, Attorney Lawrence Perchick appeared on behalf of the Commonwealth, and defendants Diane DeFazio and Daniel DeFazio (together, "the DeFazios") appeared pro se. After reviewing Plaintiff's Brief In Response To The Court's August 1, 2023 Order, the plaintiff's Motion To Amend Complaint ("the Motion") is ALLOWED IN PART to the extent that a claim for equitable subrogation may be added. The Motion is otherwise DENIED as to the other claims, for which there is not yet a good faith basis. The plaintiff may file another motion to amend if, during discovery, evidence to support the additional claims is revealed. The court set a deadline of October 13, 2023 for the filing of an amended complaint. The court suggested to the DeFazios that, once the amended complaint is filed, they file an answer and reassert their counterclaims. The court set a discovery deadline of January 31, 2024 and scheduled a further status conference for February 1, 2024 at 9:00 a.m. Email notice to: Attorney Robert M. Mendillo; Attorney Lawrence Perchick; and Pro Se Defendants Diane DeFazio and Daniel DeFazio. Hon. Jennifer S.D. Roberts, Presiding
  36. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert M Mendillo, Esq. [email protected] Defendant: Sharon C Boyle, Esq. [email protected] Defendant: Lawrence Perchick, Esq. [email protected] Defendant: Diane DeFazio [email protected] Defendant: Daniel DeFazio [email protected]
  37. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 02/01/2024 Time: 09:00 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendants Diane DeFazio and Daniel DeFazio; Attorney Lawrence Perchick; and Attorney Sharon C. Boyle.
  38. vent Resulted: Status Conference scheduled on: 02/01/2024 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  39. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 02/14/2024 Time: 10:00 AM Email notice to: Attorney Robert M. Mendillo; Pro Se Defendants Diane DeFazio and Daniel DeFazio; Attorney Lawrence Perchick; and Attorney Sharon C. Boyle
  40. mended Complaint, filed.
  41. nswer and Counterclaim and Cross-Claim of Defendant Executive Office of Health and Human Services, filed.
  42. ortgage Assets Management, LLC's Answer to Counterclaim, filed.
  43. efendant's (Diane DeFazio) Answer to Plaintiff's Amended Complaint, filed.
  44. Defendant Diane DeFazio's) Facts (attached to Answer to Plaintiff's Amended Complaint, dated October 10, 2023), filed.
  45. Defendant DeFazio's) Counterclaims, filed.
  46. otion for Permissive Joinder of Parties, filed.
  47. efendant Diane DeFazio's Answer to Crossclaim, filed.
  48. ny opposition to Motion For Permissive Joinder Of Parties should be filed and served by 4:00 p.m. on February 15, 2024, filed. Email notice to: Attorney Robert M. Mendillo; Pro Se Defendants Diane DeFazio and Daniel DeFazio; Attorney Lawrence Perchick; and Attorney Sharon C. Boyle. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert M Mendillo, Esq. [email protected] Defendant: Sharon C Boyle, Esq. [email protected] Defendant: Lawrence Perchick, Esq. [email protected] Defendant: Diane DeFazio [email protected] Notice of Docket Entry was generated and sent to: Defendant: Diane DeFazio Individually and as Personal Rep. of the Est. of Ralph DeFazio, as the Proposed Personal Representative of the Estate of Ruth R. DeFazio, as an Heir to the Two Above-Referenced Estates [email protected] Sent On: 02/06/2024 16:12:52
  49. efendant Daniel DeFazio's Affidavit, filed.
  50. vent Resulted: Status Conference scheduled on: 02/14/2024 10:00 AM Has been: Held via video. Attorney Robert M. Mendillo appeared for the plaintiff and Attorney Lawrence Perchick appeared for the Commonwealth's Executive Office of Health and Human Services. No appearance was made by or on behalf of the DeFazios. Attorney Mendillo reported that the parties have agreed to mediation with Land Court mediator, Barbara Macy. The court confirmed that Attorney Macy is available and is scheduling mediations two months out. The court asked that counsel provide a status report by email to Clerk Hayes by March 27, 2024. Additionally, the court STAYED the case until further order of the court. Email notice to: Attorney Robert M. Mendillo and Attorney Lawrence Perchick. Hon. Jennifer S.D. Roberts, Presiding
  51. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Robert M Mendillo, Esq. [email protected] Defendant: Sharon C Boyle, Esq. [email protected] Defendant: Lawrence Perchick, Esq. [email protected] Defendant: Diane DeFazio Individually and as Personal Rep. of the Est. of Ralph DeFazio, as the Proposed Personal Representative of the Estate of Ruth R. DeFazio, as an Heir to the Two Above-Referenced Estates [email protected]
  52. ediation referral to Attorney Barbara J. Macy, Land Court Mediator, issued. Referred to Mediation. Instructions to Mediator: None. Report back to Court on or before March 27, 2024.
  53. ASE STAYED UNTIL FURTHER ORDER OF THE COURT Judge: Roberts, Hon. Jennifer S.D.
  54. ediation Report from Land Court Mediation Attorney, filed.

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