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- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 437559 Date: 01/18/2023
- and Court surcharge Receipt: 437559 Date: 01/18/2023
- and Court summons Receipt: 437559 Date: 01/18/2023
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected] Sent On: 01/24/2023 10:27:20
- vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 03/03/2023 Time: 09:30 AM Counsel notified via email.
- ummons returned to Court with service on Janice Elizabeth LaFleur filed. Served at the last and usual place of abode and by mailing first class mail on January 27, 2023.
- ummons returned to Court with service on Joyce Marie Maynard filed. Served at the last and usual place of abode on January 26, 2023 and by mailing first class mail on January 27, 2023.
- laintiffs' Case Management Conference Statement, filed.
- laintiffs' Motion for Alternative Service on the Defendant Potential Unknown Trustees and Beneficiaries of the Betty R. DeCarolis Nominee Trust, filed.
- vent Resulted: Case Management Conference scheduled on: 03/03/2023 09:30 AM Has been: Case management conference held via videoconference. Attorney Kurt McHugh appeared on behalf of the plaintiffs. Court is in receipt of Plaintiffs' Case Management Conference Statement and Plaintiffs' Motion for Alternative Service on the Defendant Potential Unknown Trustees and Beneficiaries of the Betty R. DeCarolis Nominee Trust. By way of background, this is a quiet title action for the property at 45 Manchester Street, Leominster, concerning a potential lack of authority by the purported trustees of the Betty R. DeCarolis Nominee Trust (the "Trust") to convey the property at issue. Attorney McHugh advised that the defendant purported trustees have been served, and that he has been in communication with them regarding a potential agreement for judgment. Attorney McHugh further advised that there was no schedule of beneficiaries for the Trust and that Betty DeCarolis's estate has not been probated, so he has filed a motion for service by publication for the unknown trustees and beneficiaries. Following colloquy, court ALLOWED the Plaintiffs' Motion for Alternative Service on the Defendant Potential Unknown Trustees and Beneficiaries of the Betty R. DeCarolis Nominee Trust. Attorney McHugh invited to file a Request for Default pursuant to Mass. R. Civ. P. 55(a) (with such request to include an overview of the due diligence undertaken to identify any heirs of Betty DeCarolis and/or beneficiaries or trustees of the Trust) and an Application for Entry of Default Judgment pursuant to Mass. R. Civ. P. 55(b) and/or Motion for Approval of Agreement for Judgment, as may be appropriate. Status conference scheduled for June 21, 2023, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/21/2023 Time: 10:30 AM
- itation by publication in the , returnable 05/01/2023, issued. (mailed and emailed copy to: Kurt McHugh, Esq.; [email protected])
- ffidavit of Service by Publication on the Defendant Potential Unknown Trustees and Beneficiaries of the Betty R. DeCarolis Nominee Trust, filed.
- equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Trustees and Beneficiaries of the Betty R. DeCarolis Nominee Trust, are such other persons, if any, as may be any additional trustees or beneficiaries of the Betty R. DeCarolis Nominee Trust, filed.
- efendant Trustees and Beneficiaries of the Betty R. DeCarolis Nominee Trust, are such other persons, if any, as may be any additional trustees or beneficiaries of the Betty R. DeCarolis Nominee Trust defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- laintiff's Motion for Approval of Agreements for Judgment and Application for Entry of Default Judgment, filed.
- rder Approving Agreement for Judgment and Entry of Default Judgment, issued. (Copies emailed to Attorney Kurt McHugh) Judge: Rubin, Hon. Diane R.
- greement for Judgment approved by the Court.
- mended Order Approving Agreements for Judgment and Entry of Default Judgment, issued. (Copies emailed to Attorney Kurt McHugh) Judge: Rubin, Hon. Diane R.
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