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Case Information
Filed
2023-10-06
Status
Closed
Type
Par Partition, G.l. Chapter 241
Docket
26 entries
Disposition
judgment
Parties
Plaintiff
Rivera Rivera, Miguel A.
Defendant
Noble Borges, Idaliz|Citizens Bank, N.a., A National Banking Association
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Fast Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 444611 Date: 10/06/2023
- and Court surcharge Receipt: 444611 Date: 10/06/2023
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the F Track. Notice sent. Judge: Smith, Hon. Kevin T. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Juan M Rivera, Esq. [email protected] Sent On: 10/30/2023 13:15:51
- vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 11/30/2023 Time: 09:00 AM
- vent Resulted: Case Management Conference scheduled on: 11/30/2023 09:00 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding
- vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 12/18/2023 Time: 02:00 PM
- vent Resulted: Case Management Conference scheduled on: 12/18/2023 02:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding December 18, 2023. Case management conference held via videoconference. Attorney Juan Rivera appeared for the plaintiff. Defendant Idaliz Noble-Borges appeared pro se. Bonnie Page acted as an interpreter for Ms. Noble-Borges. This is an action for partition pursuant to G. L. c. 241. The court inquired as to what the plaintiff wanted to be done with the property. Attorney Rivera explained that the plaintiff wants to sell the property, with or without the court's involvement, and the ultimate issue for the court to decide is how to divide the proceeds. Noble-Borges stated that she is open to selling the property, but she is unsure of where she would live if the property were sold. Attorney Rivera suggested that the parties pursue a sale contingent on Noble-Borges finding housing and asked that the court allow the parties time to work toward this option before appointing a commissioner. Following discussion, the court agreed to allow the parties time to work out a mutually agreeable solution and scheduled a status conference for February 23, 2024, at 2:00 p.m. (Smith, J.).
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Juan M Rivera, Esq. [email protected] Defendant: Idaliz Noble-Borges [email protected] Sent On: 12/20/2023 14:23:20
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 02/23/2024 Time: 02:00 PM
- vent Resulted: Status Conference scheduled on: 02/23/2024 02:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding February 23, 2024. Status conference held via videoconference. Attorney Juan Rivera appeared for the plaintiff. Defendant Idaliz Noble-Borges appeared pro se. Mercy T. Cevallos acted as an interpreter for Ms. Noble-Borges. The court asked about the status of the case and settlement efforts. Attorney Rivera stated that he had spoken with Ms. Noble-Borges, who told him that she is planning to retain an attorney. Attorney Rivera also stated that the plaintiff wants Ms. Noble-Borges to vacate the property by May 1, 2024, so the property can be listed and sold. Ms. Noble-Borges stated that she is unsure if she will be able to leave the property by May 1 in light of the fact that she has two children living with her, and she informed the court that she has found an attorney, with whom she plans to meet soon. Following discussion, the court directed the parties to make a good faith effort toward resolving the case and scheduled a status conference on May 3, 2024, at 11:30 a.m., the purpose of which will be to discuss the sale of the property. (Smith, J.).
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Juan M Rivera, Esq. [email protected] Defendant: Idaliz Noble-Borges [email protected] Sent On: 02/23/2024 15:22:20
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 05/03/2024 Time: 11:30 AM
- ppearance of Conor P Carey, Esq. for Idaliz Noble-Borges, filed
- vent Resulted: Status Conference scheduled on: 05/03/2024 11:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding May 3, 2024. Status conference held via videoconference. Attorney Juan Rivera appeared for the plaintiff. Attorney Conor Carey appeared for the defendant. The court asked for an update on the progress of the case. Attorney Rivera reported that the parties had reached a tentative agreement as to the approximate date on which the defendant and children would vacate the property and that a real estate agent would be hired to list the property. Attorney Carey generally agreed and added that there is some disagreement as to the distribution of the proceeds. Following discussion, the court directed the parties to consult with one or more real estate agents for the purpose of obtaining a comparative market analysis concerning the fair market value of the subject property and for the purpose of retaining an agent to list the property for sale. The court scheduled a status conference on June 7, 2024, at 9:00 a.m. at which time, if appropriate, the court will consider whether to appoint a partition commissioner to begin the process of selling the subject property. (Smith, J.).
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Juan M Rivera, Esq. [email protected] Defendant: Conor P Carey, Esq. [email protected] Sent On: 05/07/2024 09:47:56
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 06/07/2024 Time: 09:00 AM
- vent Resulted: Status Conference scheduled on: 06/07/2024 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 7, 2024. Status conference held via videoconference. Attorney Juan Rivera appeared for the plaintiff. Attorney Conor Carey appeared for the defendant. The court asked for an update on the case. Attorney Rivera reported that the parties had made significant progress in agreeing on the major issues related to this case and the sale of the property, and he anticipates that the parties will come to a finalized agreement within a few weeks, after which they will submit it to the court for approval. Attorney Carey agreed with Attorney Rivera's description of the progress of the case and stated that the court will not need to appoint a commissioner. Following discussion, the court scheduled a status conference on August 9, 2024, at 9:00 a.m., to be held only if the parties have not submitted an acceptable final agreement to the court. (Smith, J.).
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Juan M Rivera, Esq. [email protected] Defendant: Conor P Carey, Esq. [email protected] Sent On: 06/07/2024 14:48:48
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 08/09/2024 Time: 09:00 AM
- oint Motion to Enter Judgment Pursuant to Agreement, filed.
- oint Motion to Enter Judgment Pursuant to Agreement, ALLOWED. Judge: Smith, Hon. Kevin T.
- greement for Judgment on Petition to Partition has been ALLOWED without hearing. Any breach of, or failure to perform under, this Agreement for Judgment shall not constitute a contempt of this court; and any litigation concerning or arising under this Agreement for Judgment may be brought in, and determined in, any court of competent jurisdiction. (Copies emailed to Attorneys Juan Rivera and Conor Carey) Judge: Smith, Hon. Kevin T.
- greement for Judgment approved by the Court.
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