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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-09-29
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 57 entries
Disposition judgment entered

Parties

Plaintiff Simmel, Christa J.|Gallivan, Zachary P.
Defendant Gallivan, Erin

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 444435 Date: 09/29/2023
  4. and Court surcharge Receipt: 444435 Date: 09/29/2023
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Defendant: Erin Gallivan No addresses available Sent On: 10/06/2023 10:30:50
  7. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/27/2023 Time: 09:30 AM
  8. ffidavit of Counsel, filed.
  9. otion to Dismiss for Due Process Violation, filed.
  10. ertificate, filed.
  11. ummons returned to Court with service on Erin Gallivan filed.
  12. ase Management Conference Joint Statement, filed.
  13. etitioners Memorandum of Law in Support of Their Opposition to Defendant Erin Gallivan's Motion to Dismiss Pursuant to Mass R Civ P 4, filed.
  14. vent Resulted: Case Management Conference scheduled on: 11/27/2023 09:30 AM Has been: Held via video. Case management conference held by Zoom. Erin Gallivan appeared pro se, and was sworn. Due to late notice, attorney Frederick C. Casavant, IV could not appear. Continued case management conference is set down for December 14, 2023 at 12:00 noon by Zoom. Email notice to: Pro Se Defendant Erin Gallivan. Hon. Robert B. Foster, Presiding
  15. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Defendant: Erin Gallivan [email protected]
  16. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference VIA ZOOM Date: 12/14/2023 Time: 12:00 PM Email notice to: Attorney Frederick G. Casavant, IV and Pro Se Defendant Erin Gallivan.
  17. ummons returned to Court with service on Erin Gallivan filed.
  18. ummons returned to Court with service on filed. Project 11:11, Inc - Amy Pedro
  19. ummons returned to Court with service on filed. (duplicate filing)
  20. vent Resulted: Case Management Conference scheduled on: 12/14/2023 12:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding December 14, 2023. Case management conference held by Zoom. Attorney Gergory Fleming appeared. Erin Gallivan appeared pro se, and was sworn. Ms. Gallivan states that she no longer challenges service, but assents to a sale of the subject property. The issue is that Ms. Gallivan has recently conveyed her 1/3 interest in the property to Project 11:11, Inc., Operation 11:11, Inc., and 11:11 Enterprises, LLC in equal share, so that each entity now holds a 1/9 undivided interest in the property. Ms. Gallivan was advised that these corporate entities cannot appear pro se and that she cannot appear for them; rather, they must obtain counsel to appear in this action. This does not prevent her from negotiating an agreement with plaintiffs on their behalf if she has appropriate authority. Parties to discuss settlement. Plaintiffs to file a report and, if necessary, an amended petition for partition, by January 16, 2024.
  21. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 12/15/2023 14:19:23
  22. ummons returned to Court with service on filed. Affidavit of Frederick C. Casavant as to Service upon United States of America - Dept of the Treasury, Internal Revenue Service, filed
  23. ppearance of Whitney M Uicker, Esq. for As Trustee for the NRZ Pass Through Trust XIV US Bank National Assoication, filed
  24. ppearance of Samuel C Bodurtha, Esq. for As Trustee for the NRZ Pass Through Trust XIV US Bank National Assoication, filed
  25. arties Joint Report, filed.
  26. otion for Appointment of Commissioner, filed.
  27. eed by Operation, filed
  28. ortgage and Assignments, filed.
  29. otion to Intervene, filed.
  30. otice of Docket Entry: Motion to Intervene ALLOWED. Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Interested Party: Samuel C Bodurtha, Esq. Hinshaw and Culberston LLP 53 State St 27th Flor, Boston, MA 02109 Interested Party: Whitney M Uicker, Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 01/22/2024 11:30:51
  31. etter, filed.
  32. n accordance with SJC Rule 1:07, the following fee generating appointment was made: Roy F Gelineau, Jr., Esq. appointed as Partition Commissioner (Northern Counties) On 01/29/2024 by Hon. Robert B. Foster
  33. etter from Attorney Uicker providing additional information, filed.
  34. nterim Order Appointing Roy F. Gelineau, Jr., Esq., Partition Commissioner for Property at 9 Catherine Rd., Milton, MA, issued. (Copies emailed to Attorneys Frederick Casavant, Whitney Uicker, Samuel Bodurtha, and Roy Gelineau; and Pro Se Respondent Erin Gallivan) Judge: Foster, Hon. Robert B.
  35. artition Commissioner's Good Faith Estimate of Time and Charges, filed.
  36. ommissioner's Oath, filed.
  37. ORRECTED Interim Order Appointing Roy F. Gelineau, Jr., Esq., Partition Commissioner for Property at 9 Catherine Rd., Milton, MA, issued. (Copies emailed to Attorneys Frederick Casavant, Whitney Uicker, Samuel Bodurtha, and Roy Gelineau; and Pro Se Respondent Erin Gallivan) Judge: Foster, Hon. Robert B.
  38. ommissioner's Oath, filed.
  39. artition Commissioner's Interim Report dated February 22, 2024, filed.
  40. ebruary 22, 2024: Responses to the Partition Commissioner's Interim Report are due March 4, 2024. (Foster J.). Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Interested Party: Samuel C Bodurtha, Esq. Hinshaw and Culberston LLP 53 State St 27th Floor, Boston, MA 02109 Interested Party: Whitney M Uicker, Esq. [email protected] Commissioner: Roy F Gelineau, Jr., Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 02/23/2024 08:41:39
  41. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/29/2024 Time: 09:30 AM
  42. vent Resulted: Status Conference scheduled on: 03/29/2024 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 29. 2024. Status Conference held by Zoom. Attorney Frederick C. Casavant, IV, Samuel C. Bodurtha and Commissioner Roy Gelineau appeared. Defendant Erin Gallivan appeared Pro Se and was sworn. The commissioner is authorized to undertake removal of the pool and cleanup of the house. The Court will issue a warrant for sale of the property at 9 Catherine Road, Milton for $749,000. (Foster J.).
  43. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Interested Party: Samuel C Bodurtha, Esq. Hinshaw and Culberston LLP 53 State St 27th Floor, Boston, MA 02109 Interested Party: Whitney M Uicker, Esq. [email protected] Commissioner: Roy F Gelineau, Jr., Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 03/29/2024 14:10:55
  44. arrant to Commissioner Roy F. Gelineau, Jr., Esq., to Sell by Private Sale a Certain Parcel of Real Property in Milton, issued. (Copies emailed to Attorneys Frederick Casavant, Samuel Bodurtha, Whitney Uicker, Roy Gelineau, and Pro Se Respondent Erin Gallivan) Judge: Foster, Hon. Robert B.
  45. otion to Amend Warrent, filed.
  46. une 21, 2024. Responses to the Motion to Amend Warrant are due June 28, 2024, after which the court will decide the motion without hearing. Pending decision on the motion, the June 28, 2024 closing date deadline set forth in the Warrant is suspended. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Interested Party: Samuel C Bodurtha, Esq. Hinshaw and Culberston LLP 53 State St 27th Floor, Boston, MA 02109 Interested Party: Whitney M Uicker, Esq. [email protected] Commissioner: Roy F Gelineau, Jr., Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 06/21/2024 15:41:23
  47. uly 3, 2024. No opposition having been received, the Commissioner's Motion to Amend Warrant is ALLOWED. The closing date in the Warrant is extended to no later than August 28, 2024. The Commissioner is authorized to lower the listing price of the property to $699,000 and to direct the broker to list the property for a gross sales price of not less than $699,000. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Interested Party: Samuel C Bodurtha, Esq. Hinshaw and Culberston LLP 53 State St 27th Floor, Boston, MA 02109 Interested Party: Whitney M Uicker, Esq. [email protected] Commissioner: Roy F Gelineau, Jr., Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 07/03/2024 16:10:41
  48. ommissioner's Second Interim Report, filed.
  49. ommissioner's Amended Second Interim Report, filed.
  50. ommissioner's (Second Amended) Second Interim Report , filed.
  51. eptember 19, 2024. Responses to Commissioner's (Second Amended) Second Interim Report are due September 26, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Interested Party: Samuel C Bodurtha, Esq. Hinshaw and Culberston LLP 53 State St 27th Floor, Boston, MA 02109 Interested Party: Whitney M Uicker, Esq. [email protected] Commissioner: Roy F Gelineau, Jr., Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 09/19/2024 15:41:00
  52. eptember 30, 2024. Commissioner's (Second Amended) Second Interim Report received and reviewed. The Warrant is amended to correct to the recording reference for the April 12, 2023, deed to read: "Book 41141, Page 14." The proposed Purchase and Sale Agreement is APPROVED. It is ORDERED that the closing date shall be no later than November 22, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Interested Party: Samuel C Bodurtha, Esq. Hinshaw and Culberston LLP 53 State St 27th Floor, Boston, MA 02109 Interested Party: Whitney M Uicker, Esq. [email protected] Commissioner: Roy F Gelineau, Jr., Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 09/30/2024 08:44:50
  53. ommissioner's Assented to True Account of the Payments made by me and return of the Warrant, accompanied by the Receipts of the Persons whom I have paid, filed.
  54. ssent to Commissioner's True Account of the Payments made and Return of Warrant, filed. (Zachary P. Gallivan, Christa J. Simmel and Erin Gallivan)
  55. ertificate of Service, filed.
  56. ovember 15, 2024. Commissioner's Assented to True Account of the Payments Made By Me and Return of the Warrant (Account) is APPROVED. The Commissioner is authorized to make distribution pursuant to the Account. The Commissioner shall file his final account within ten days after completing distribution. The parties shall have ten days thereafter to respond to the final account, after which the court will issue its final order or make further rulings. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Interested Party: Samuel C Bodurtha, Esq. Hinshaw and Culberston LLP 53 State St 27th Floor, Boston, MA 02109 Interested Party: Whitney M Uicker, Esq. [email protected] Commissioner: Roy F Gelineau, Jr., Esq. [email protected] Defendant: Erin Gallivan [email protected] Sent On: 11/15/2024 15:56:11
  57. eport, filed.

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