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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-11-03
Status Closed
Type Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket 57 entries
Disposition judgment entered

Parties

Plaintiff Saad, Fred
Defendant Colony Nyro Partners Lp|Colony Financial Services Nyro Inc.|Beacon Holdings, Inc.|Raymond C. Green, Inc.|Rodman Financial Corp.|Mechanic Street Realty Trust|Clark, Jr., Thomas S.|Clark, Matthew|Keefe, Heather|Miller, Tamatha

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 435637 Date: 11/03/2022
  4. and Court surcharge Receipt: 435637 Date: 11/03/2022
  5. and Court summons Receipt: 435637 Date: 11/03/2022
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent.
  8. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 12/08/2022 Time: 10:30 AM
  9. ase Management Brief Submitted by Plaintiff, filed.
  10. otice of Docket Entry: The Court has reviewed Mr. Saad's case-management conference memorandum. He discloses that he hasn't served any of the defendants. The Court thus CANCELS the December 8, 2022, case-management conference. The Court ORDERS Mr. Saad to file by January 6, 2023, returns of service on each defendant or a status report on his efforts to serve each defendant. SO ORDERED. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 12/06/2022 16:22:11
  11. vent Resulted: Case Management Conference scheduled on: 12/08/2022 10:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  12. mail from Attorney Robert Dionisis, received: "Attorney Blair is on vacation this week and we missed the filing date ordered by the Court. I will attempt to provide a response as quickly as possible. If the Court could grant a short extension of time, it would be greatly appreciated."
  13. mail Request for extension to file Report received and ALLOWED to January 20, 2023 (Vhay, J.). Notice of Docket Entry send to counsel of record by email.
  14. tatus Report, filed.
  15. he Court has reviewed the Trustee's report on service. The Court ORDERS the Trustee to file by February 17, 2023, returns of service on each of the defendants or a further report on the status of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 01/19/2023 17:32:31
  16. tatus Report, filed.
  17. otion for Alternate Service as to the Defendants, Colony-Financial Services NYRO, Inc., Beacon Holdings, Inc., and Raymond C. Green, Inc., filed.
  18. he Court has reviewed Trustee Saad's status report on service and his motion for alternative service. The motion is GRANTED in part and DENIED in part. The Court GRANTS the motion for service by publication on defendant Colony Financial Service-Nyro, Inc., in newspapers of general circulation in Wilmington, DE and Los Angeles, CA. Court staff will prepare and supply the Trustee with a suitable notice and the names of the newspapers in which he must publish notice. The Court DENIES the motion with respect to defendants Beacon Holdings, Inc. and Raymond C. Green, Inc. Both defendants appear to be active corporations, registered in Massachusetts; Trustee Saad's motion provides no reason why he can't serve both corporations in accordance with Rule 4(d)(2), Mass. R. Civ. P. The Court further ORDERS Trustee Saad to file by March 7, 2023, (a) his purported returns of service on defendants Colony Nyro Partners, LP, Timothy J. Clark, Heather Keefe, and Tamatha Miller; and (b) a status report on his efforts to serve Beacon Holdings, Raymond C. Green, Inc., Rodman Financial Corporation, and Matthew Clark. The Court NOTIFIES Trustee Saad that, unless he shows good cause in the filings due March 7, 2023, why he's yet to serve certain defendants other than Colony Financial Service-Nyro, Inc. with a summons and his complaint, the Court intends to dismiss his claims against such unserved defendants pursuant to Rule 4(j), Mass. R. Civ. P. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 02/21/2023 15:53:55 Notice of Docket Entry sent to counsel of record and Leo Bieler by email.
  19. ummons returned to Court with service on Heather Keefe, Colony Nyro Partners, LP, Tamatha Miller, Thomas S. Clark, Jr. filed.
  20. ummons returned to Court with service on Matthew Clark filed.
  21. iligent Search Memo - Colony Financial Services-NYRO, Inc, filed.
  22. iligent Search - Rodman Financial Corp, filed.
  23. iligent Search Memo - Beacon Holdings, Inc., filed.
  24. otice of Rejected Service of Process - Raymond C. Green, Inc., filed.
  25. laintiff's Motion to Extend the Time for Service (30 Days), filed.
  26. laintiff's Fred Saad, Trustee of the Fama Realty Trust, Request for Default as to the Defendant, Heather Keefe, filed.
  27. laintiff's Fred Saad, Trustee of the Fama Realty Trust, Request for Default as to the Defendant, Tamatha Miller, filed.
  28. laintiff's Fred Saad, Trustee of the Fama Realty Trust, Request for Default as to the Defendant, Colony NYRO Partners LP, filed.
  29. ilitary Affidavit in Support of Plaintiff's, Fred Saad, Trustee of the Fama Realty Trust, Request for Default as to the Defendant, Heather Keefe, filed.
  30. ilitary Affidavit in Support of Plaintiff's, Fred Saad, Trustee of the Fama Realty Trust, Request for Default as to the Defendant, Tamatha Miller, filed.
  31. ilitary Affidavit in Support of Plaintiff's, Fred Saad, Trustee of the Fama Realty Trust, Request for Default as to the Defendant, Colony NYRO Partners LP, filed.
  32. he Court has received four motions from Trustee Saad. The Court GRANTS his three motions for entry of default and DIRECTS the Recorder to enter the defaults of defendants Heather Keefe, Tamatha Miller, and Colony NYRO Partners LP in this matter. The Court also GRANTS Trustee Saad's motion to extnd the time for service on defendants Beacon Holdings, Inc., Raymond C. Green, Inc., and Rodman Financial Corp. by 30 days. The Court further ORDERS Trustee Saad to file by April 21, 2023, returns of service on all defendants not served as of this date or a status report on such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 03/08/2023 10:38:29
  33. efendant Colony NYRO Partners LP, Heather Keefe, Tamatha Miller defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  34. itation by publication in the Los Angeles Daily News, The News Journal, returnable 04/24/2023, issued.
  35. ummons returned to Court with service on Raymond C. Green, Inc. filed.
  36. ummons returned to Court with service on Rodman Financial Corp. filed.
  37. ear Sheet and Citation for Service on Defendant, Colony NYRO Partners Limited Partnership, et al, filed.
  38. ummons returned to Court with service on Raymond C. Green, Inc., Rodman Financial Corp. filed.
  39. he Court DIRECTS the Recorder to enter the defaults of defendants Raymond C. Green, Inc. and Rodman Financial Corp. in this matter. The Court ORDERS Plaintiff to file by April 28, 2023, a status report on Plaintiff's efforts to serve defendant Beacon Holdings, as Plaintiff hasn't filed a return of service for Beacon. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 04/24/2023 12:45:45
  40. efendant Raymond C. Green, Inc., Rodman Financial Corp. defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  41. tatus Report, filed.
  42. he Court DIRECTS the Recorder to enter the defaults of defendants Colony Financial Services NYRO, Inc., Thomas S. Clark, Jr., and Matthew Clark in this action. The Court ORDERS the Trustee to file by May 19, 2023, a return of service on defendant Beacon Holdings, Inc., or a further status report on the Trustee's efforts to obtain the return. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 05/08/2023 16:34:18
  43. efendant Colony NYRO Partners LP, Thomas S. Clark, Jr., Matthew Clark defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  44. ummons returned to Court with service on Beacon Holdings, Inc. filed.
  45. he Court DIRECTS the Recorder to enter the default of defendant Beacon Holdings, Inc. in this action. The Court ORDERS Trustee Saad to file by June 6, 2023, a suitable motion under Rule 55(b), Mass. R. Civ. P. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 05/24/2023 08:01:06
  46. efendant Beacon Holdings, Inc. defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  47. laintiff's. Fred Saad, Trustee of the Fama Realty Trust, Motion to Enter Judgment, filed.
  48. roposed Judgment, filed.
  49. ffidavit in Support of Motion to Entry Judgment, filed.
  50. he Court has reviewed Trustee Saad's motion for entry of a default judgment against all nine defaulted defendants in this case. The motion presents two unresolved issues. First, Mr. Saad hasn't filed in support of his motion information showing that Thomas S. Clark, Jr., Matthew Clark, Heather Keefe, and Tamatha Miller aren't infants, incompetent persons, or incapacitated persons. See Rule 55(b)(2), Mass. R. Civ. P. The Court ORDERS Mr. Saad to supplement his motion by June 30, 2023, with appropriate evidence concerning each individual defendant. Second, while the Court is prepared to issue a default judgment declaring the Fama Realty Trust holds record title free from any and all claims of the Mechanic Realty Trust, and any interest in the Clark Mortgage held by any of the defaulted defendants, because (1) the collateral assignment of the Clark Mortgage from Colony NYRO Partners to Colony Financial Services - NYRO, Inc., recorded at the Norfolk County Registry of Deeds (the "Registry") in Book 10282, Page 206, did not vest title to the Clark Mortgage in Colony Financial Services - NYRO, Inc.; hence, (2) Colony NYRO Partners had the authority thereafter to execute a Certificate of Entry, recorded at the Registry in Book 10530, Page 333, and a Complaint to Foreclose the Clark Mortgage, recorded at the Registry in Book 10972, Page 347; and hence (3) Colony NYRO Partners had the authority thereafter to assign the Clark Mortgage to Beacon Holdings, Inc., by assignment recorded at the Registry in Book 11348, Page 158 (that assignment leading to the foreclosure at issue and Fama Realty Trust's ownership of the subject property), it is not clear from Trustee Saad's complaint what declaration (if any) he seeks from the Court as to defaulted defendants Raymond C. Green, Inc. and Rodman Financial Corp., the purported assignees of the Clark Mortgage by virtue of an assignment from Beacon Holdings recorded at the Registry in Book 11348, Page 169, dated May 10, 1996, the same day as the assignment from Colony NYRO Partners to Beacon Holdings. The Court therefore ORDERS Trustee Saad to file by June 30, 2023 a memorandum that either (1) states he isn't seeking any declaration concerning that assignment; or (2) sets forth the declaration(s) the Trustee seeks as to those parties. Should Trustee Saad seek declarations against those parties, the memorandum must explain how the Trustee's complaint put those parties on notice of the declarations the Trustee seeks against them. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 06/20/2023 15:08:02
  51. upplemental Memorandum in Support of Plaintiff's, Fred Saad, Trustee of the FAMA Realty Trust, Motion to Enter Judgment, filed.
  52. he Court has received Trustee Saad's Supplemental Memorandum. The Court ORDERS the parties to appear by telephone on July 24, 2023, at 9:00 AM for a hearing on the Trustee's Motion to Enter Judgment. A separate hearing notice will issue. The Court ORDERS the Trustee to serve on Heather Keefe, Tamatha Miller, Thomas S. Clark, Jr., and Matthew Clark, by July 14, 2023, a copy of the hearing notice and the Trustee's Motion to Enter Judgment. The Court further ORDERS the Trustee to file by July 20, 2023, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 06/30/2023 16:37:27
  53. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 07/24/2023 Time: 09:00 AM
  54. mended Affidavit of Counsel in Support of Plaintiff's, Fred Saad, Trustee of the Fama Realty Trust, Motion to Enter Judgment, filed.
  55. ffidavit of Counsel as to Service of Notice Hearing Scheduled for July 24, 2023, filed.
  56. efault Judgment entered. (Copies emailed to Attorneys Michelle Blair and Robert Dionisi) Judge: Vhay, Hon. Michael D.
  57. vent Resulted: Hearing scheduled on: 07/24/2023 09:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding

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