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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-04-24
Status Closed
Type E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1
Docket 47 entries
Disposition judgment entered

Parties

Plaintiff Trevi Icos Corporation
Defendant The Unknown Heirs Of Randall B. Bullock|Troy, Matthew R.|Troy, Justin|Troy, Brenda

Lawyers

Docket Entries

  1. and Court miscellaneous filing fee Receipt: 449884 Date: 04/24/2024
  2. and Court surcharge Receipt: 449884 Date: 04/24/2024
  3. ase assigned to the Average Track per Land Court Standing Order 1:04.
  4. omplaint eFiled.
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Judge: Roberts, Hon. Jennifer S.D. Plaintiff: Kevin Paul Geaney, Esq. [email protected]
  7. f service in this matter is not effected by July 23, 2024, it will be dismissed without prejudice. See Mass. R. Civ. P. 4(j). Email notice to: Attorney Kevin P. Geaney. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected]
  8. equest of Plaintiff Trevi Icos Corporation That The Court Order Notice of the Above-Captioned Action By Publication, filed.
  9. n accordance with SJC Rule 1:07, the following fee generating appointment was made: Matthew J Thomas, Esq. appointed as Guardian ad Litem (Southern Counties) On 07/25/2024 by Hon. Michael D. Vhay Applies To: The Unknown Heirs of Randall B. Bullock (Defendant)
  10. he Court has reviewed and GRANTS Plaintiff's request for service by publication on the Unknown Bullock Heirs. Court staff will provide Plaintiff with a form of the notice and identify a newspaper of general circulation in the Dighton, MA area. By separate order, the Court will be appointing a guardian ad litem for the Unknown Heirs. SO ORDERED. Email notice to: Attorney Kevin P. Geaney and Guardian Ad Litem Matthew J. Thomas, Esq. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected]
  11. rder Apppointing Matthew J. Thomas, Esq., as Guardian Ad Litem for Unknown Heirs of Randall B. Bullock, issued. (Copies emailed to Attorneys Kevin Geaney and Matthew Thomas) Judge: Vhay, Hon. Michael D.
  12. hile the Court has granted Trevi Icos's motion to serve the Unknown Heirs of Randall B. Bullock by publication in a paper of general circulation in Dighton, MA, page 79 of its motion suggests that one known heir, Beatrice L. Slater, has a connection to Phoenix, AZ. The Court ORDERS Trevi Icos to file by August 20, 2024, a memorandum stating why publication in a Phoenix paper, in addition to a Dighton paper, is not warranted in this case or indicating its assent to dual publication. SO ORDERED. Email notice to: Attorney Kevin P. Geaney and Guardian Ad Litem Matthew J. Thomas, Esq. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected]
  13. ood Faith Estimate of Guardian Ad Litem, filed.
  14. itation by publication in the Taunton Daily Gazette, Arizona Capitol Times, returnable 09/30/2024, issued. (Copies emailed to Attorneys Kevin Paul Geaney and Matthew J Thomas)
  15. igned Certification and attached Guardian Ad Litem Report, filed.
  16. he Court has received the Guardian Ad Litem's report. The Court ORDERS Trevi Icos to file by September 12, 2024, any comments on or objections to the report. Should Trevi Icos agree that the Guardian has identified three possible Bullock heirs or devisees, the Court ORDERS Trevi Icos to submit by September 12, 2024, a memorandum discussing whether additional diligence by Trevi Icos to search for the Bullock heirs/devisees (including conversations with the persons the Guardian has identified) is warranted. SO ORDERED. Email notice to: Attorney Kevin P. Geaney; and Guardian Ad Litem Matthew J. Thomas, Esq. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected]
  17. emorandum of Trevi Icos Regarding Court's Question Concerning Additional Search for Heirs of Randall B. Bullock, filed.
  18. he Court has reviewed Trevi Icos's memorandum. The Court GRANTS Trevi Icos to add the "Siblilngs" as defendants or interested parties. The Court ORDERS Trevi Icos to file by September 27, 2024, its amended complaint. The Court ORDERS Trevi Icos to file by October 25, 2024, returns of service on each Sibling or a status report on Trevi's efforts to obtain service. The Court further ORDERS Trevi to confer promptly with the Siblings about the identities and whereabouts of possible additional defendants/interested parties, and file by October 25, 2024, a report on what Trevi has learned from those discussions. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected] Sent On: 09/18/2024 14:45:22
  19. irst Amended Complaint, filed.
  20. ummons returned to Court with service on The Unknown Heirs of Randall B. Bullock filed. Matthew R. Troy - 10/07/2024: Service by leaving at the last and usual place of abode and by mailing 1st class.
  21. ummons returned to Court with service on The Unknown Heirs of Randall B. Bullock filed. Justin Troy - 10/07/2024: Service by leaving at the last and usual place of abode and by mailing 1st class.
  22. tatus Report Regarding Additional Service Upon Descendants of Randall M. Bullock, filed.
  23. he Court has received Trevi Icos's report on the status of service of the new defendants. The Court ORDERS Trevi Icos to undertake additional due diligence, and to report the same by November 22, 2024, on the whereabouts of defendant Brenda Troy. SO ORDERED. Email notice to: Attorney Kevin P. Geaney and GAL Matthew J. Thomas, Esq. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected]
  24. tatus Report Regarding Additional Service Upon Descendants of Randall B. Bullock, filed.
  25. tatus Report Regarding Efforts to Reach Descendants of Randall B. Bullock, filed.
  26. his case has been REASSIGNED to the Hon. Michael D. Vhay. Please direct further communication to Sessions Clerk Sharmilla V. Budhram at [email protected]. (Piper, C.J.) Email notice to: Attorney Kevin P. Geaney and Attorney Matthew J. Thomas. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected]
  27. he Court has reviewed Trevi Icos's status reports and returns of service. It appears that Trevi Icos has made sufficient service on defendants Matthew R. Troy and Justin Troy; the Court DIRECTS the Recorder to enter their defaults in this action. Trevi Icos attempted to serve defendant Brenda Troy, however, by certified mail. Ms. Troy resides in the Commonwealth; Rule 4(d)(1), Mass. R. Civ. P., does not authorize service of process by registered mail on persons living within the Commonwealth except with leave of the court. The Court thus ORDERS Trevi Icos to file by January 31, 2025, a return of service on Ms. Troy that shows service in compliance with Rule 4(d)(1) or a properly supported motion authorizing alternative service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected] Sent On: 01/02/2025 13:05:25
  28. efendant Matthew R. Troy, Justin Troy defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  29. otion of Plaintiff Trevi Icos Corporation for Leave to Complete Service upon Ms. Brenda Troy by Alternative Means, filed.
  30. he Court GRANTS Plaintiff's motion for alternative service on Ms. Troy by certified mail return receipt requested. The Court ORDERS Plaintiff to file by March 3, 2025, a return of service on Ms. Troy. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected] Sent On: 02/03/2025 12:27:37
  31. equest of Plaintiff Trevi Icos Corporation for Additional Time to File Return of Service Regarding Ms. Brenda Troy, filed.
  32. otice of Docket Entry: Request of Plaintiff Trevi Icos Corporation for Additional Time to File Return of Service Regarding Ms. Brenda Troy ALLOWED. The Deadline to File Return of Service has been extended to March 24, 2025. SO ORDERED. Counsel notified via email. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected] Sent On: 03/11/2025 13:32:24
  33. ffidavit of Kevin P. Geaney Regarding Alternative Service of Process upon Ms. Brenda Troy, filed.
  34. he Court DIRECTS the Recorder to enter the default of defendant Brenda Troy in this action. The Court ORDERS Trevi Icos to file by April 22, 2025, a suitably supported motion under Rule 55(b), Mass. R. Civ. P. The Court further ORDERS the Guardian Ad Litem to suspend his activities in this case and to file by April 22, 2025, a fee application in compliance with SJC Rule 1:07. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected] Sent On: 04/08/2025 08:01:37
  35. efendant Brenda Troy defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  36. ffidavit as to Military Service, filed.
  37. otion of Plaintiff Trevi Icos Corporation for Entry of Default Judgment, filed.
  38. he Court has received Trevi Icos's motion for entry of a default judgment. The motion lacks an affidavit demonstrating that none of the defaulted defendants is an infant or incompetent or incapacitated person. See Rule 55(b)(2), Mass. R. Civ. P. The Court ORDERS Trevi Icos to file such an affidavit by April 29, 2025. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected] Sent On: 04/23/2025 07:49:26
  39. mail from the GAL Regarding full payment, filed.
  40. ffidavit as to Military Service, filed.
  41. he Court has received Trevi Icos's motion for entry of a default judgment. The Court ORDERS the parties to appear by telephone for a hearing on the motion at 2:30 PM on May 28, 2025. A separate hearing notice will issue. The Court ORDERS Trevi Icos to serve each of the defaulted defendants promptly with its motion, all supporting materials, and a copy of the hearing notice. The Court ORDERS Trevi Icos to file by May 21, 2025, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected] Sent On: 04/30/2025 16:18:22
  42. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 05/28/2025 Time: 02:30 PM
  43. ertificate of Service Concerning Motion for Entry of Default Judgment and Notice of Hearing Regarding that Motion, filed.
  44. ertificate, filed.
  45. vent Resulted: Hearing scheduled on: 05/28/2025 02:30 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  46. earing on motion for entry of a default judgement held by telephone. Plaintiff Trevi Icos Corporation appeared through counsel. Defendants Matthew Troy, Justin Troy, and Brenda Troy did not appear. Without opposition, the Court GRANTS the motion for entry of a default judgement. The Court ORDERS Trevi Icos to file a proposed form of judgement by June 11, 2025. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin Paul Geaney, Esq. [email protected] Guardian Ad Litem: Matthew J Thomas, Esq. [email protected] Sent On: 05/29/2025 07:51:44
  47. Proposed) Judgment, filed.

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