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Case Information
Filed
2022-11-04
Status
Closed
Type
Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
22 entries
Disposition
dismiss
Parties
Plaintiff
Spiegel, Jonathan
Defendant
Spiegel, David A.
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 435662 Date: 11/04/2022
- and Court surcharge Receipt: 435662 Date: 11/04/2022
- and Court summons Receipt: 435662 Date: 11/04/2022
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- vent Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 12/15/2022 Time: 11:00 AM
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kevin F Osorio, Esq. [email protected] Sent On: 11/09/2022 15:28:39
- oint Statement,filed
- ummons returned to Court with service on David A. Spiegel doing business as M&D Core Supply, Jonathan Spiegel Personal Representative of the Estate of David A. Spiegel filed.
- ase management conference held by videoconference. Early intervention event held. Attorney Kevin Osorio appeared. The motion for service by publication is ALLOWED. Attorney Osorio to coordinate with assistant clerk Leo Bieler regarding service by publication. Following publication and return of service, and if defendant does not appear, Attorney Osorio to file a motion for default pursuant to Mass. R. Civ. P. 55(a) followed by motion for default judgment pursuant to Mass. R. Civ. P. 55(b) accompanied by affidavit(s), a short memorandum demonstrating legal entitlement to relief sought, and a proposed default judgment.
- lternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
- itation by publication in the , returnable 03/27/2023, issued.
- itation published 02/17/2023.
- cheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 12/18/2023 Time: 11:30 AM
- tatus conference held by videoconference. Attorney Kevin Osorio appeared for the plaintiff. Following summary by plaintiff's counsel of the issues in the case, the court determined that it is inappropriate to determine title to the subject property to be in the plaintiff's name, absent a judgment from the Probate Court determining the plaintiff's ownership of decedent David Spiegel's business M&D Core Supply, which is the current record title holder of the property. Status of the case to be reported within 120 days, during which time the plaintiff to seek a judgment from the Probate Court declaring the plaintiff's ownership of M&D Core Supply. If no order is issued by the Probate Court in that time, the court will further continue the case if the matter is still pending before the Probate Court, but will otherwise dismiss the case.
- otion to extend Matter, filed. Motion ALLOWED to August 30, 2024; plaintiff to report to court prior to that date on status of Probate and Family Court petition.
- otion to extend Matter (120 days), filed and Allowed, extended to December 30, 2024.
- ecree and Order from the Norfolk Probate and Family Court,filed.
- otice of Docket Entry: This case is REASSIGNED to Judge Sarah A. Turano-Flores. The Court is in receipt of the Decree and Order from the Norfolk Probate and Family Court, dated October 17, 2024. The parties are ORDERED TO appear at a Status Conference to be held, via video conference, on April 16, 2025, at 10:00 a.m., to discuss next steps to bring the matter to final adjudication. Notice sent.
- cheduled Judge: Turano-Flores, Hon. Sarah A. Event: Status Conference Date: 04/16/2025 Time: 10:00 AM
- tatus conference held by videoconference. Attorney Kevin Osorio appeared for Plaintiff. Where the October 17, 2024 Decree and Order from the Norfolk County Probate and Family Court decreed not only that decedent David A. Spiegel was conducting business under the DBA of M& D Core Supply, but also that the subject property at 291 Canton St., Stoughton, MA is part of the Estate of David A Spiegel by virtue of the deed to M& D Core Supply, recorded with the Norfolk Registry of Deeds in Book 34355, Page 370; and where Article 7, Paragraph E of the Last Will and Testament of David A. Spiegel authorizes Jonathan Spiegel (plaintiff in the instant action), as Personal Representative of the Estate of David A. Spiegel, to convey all real estate owned by the Estate, it appears that no further order or decree is needed from the Land Court. The Court discussed with Attorney Osorio continuing the matter for thirty (30) days to allow him time to investigate whether title insurance can be obtained and, if not, ascertain what further action is needed in this forum to address the cloud on title. The Court therefore ORDERS Plaintiff to file a further Status Report on or before May 16, 2025, unless a Stipulation of Dismissal is sooner filed. So ordered. Notice sent.
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