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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-06
Status Closed
Type Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket 77 entries
Disposition judgment entered

Parties

Plaintiff Barboza, Johnnieann
Defendant Barboza, Shelly A.|Barboza, John A.

Lawyers

Docket Entries

  1. udgment entered. (Copies emailed to Attorney John Creedon and Pro Se Plaintiff Johnnieann Barboza) Judge: Foster, Hon. Robert B.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Dismissed Type: Indigency Dismissed Date: 12/06/2022 Dismissed Amount: 240.00 Comments: Affidavit of Indigency approved for normal fees and costs (Tuesday, December 6, 2022 4:15 PM ) Dismissed By: SHEGARTY
  4. and Court surcharge Dismissed Type: Indigency Dismissed Date: 12/06/2022 Dismissed Amount: 15.00 Comments: Affidavit of Indigency approved for normal fees and costs (Tuesday, December 6, 2022 4:15 PM ) Dismissed By: SHEGARTY
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. ffidavit of Indigency filed.
  7. etermination Regarding Indigency, issued Judge: Patterson, Deborah J.
  8. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/17/2023 Time: 11:15 AM
  9. vent Resulted: Case Management Conference scheduled on: 01/17/2023 11:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 17, 2023. Case management conference held via Zoom. Johnnieann Barboza appeared pro se. Ms. Barboza sworn. This case concerns the plaintiff's claim of ownership of a property in West Wareham, MA. The court informed Ms. Barboza of the procedure for service on the defendant. Court to send plaintiff a summons, notice of case management conference, and notice of docket entry by email and by postal mail. If cost of service is a problem, plaintiff to notify the court. Continued case management conference set down for March 7, 2023 at 10:00 AM via Zoom. (Notice of docket entry sent via Masscourts & Emailed to all parties / counsel of record)
  10. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 03/07/2023 Time: 10:00 AM
  11. vent Resulted: Case Management Conference scheduled on: 03/07/2023 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 7, 2023. Case management conference held via Zoom. Johnnieann Barboza appeared pro se. Ms. Barboza sworn. Ms. Barboza reports that service has not yet been completed. Deadline for completing service is extended to April 7, 2023. Ms. Barboza to complete service, including a copy of the complaint, original summons, copy of summons, and case management conference notice. Ms. Barboza to file the return of service with the court. Further case management conference set down for April 28, 2023 at 10:45 AM via Zoom. Ms. Barboza to contact the court if there are any problems with service. (Notice of docket entry sent via masscourts & emailed to party of record)
  12. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Johnnieann Barboza [email protected] Sent On: 03/07/2023 15:58:51
  13. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 04/28/2023 Time: 10:45 AM
  14. ffidavit of Indigency, filed.
  15. opy of December 6, 2022 Determination of Indigency mailed to plaintiff via regular mail which covers affidavit of indigency filed on April 24, 2023.
  16. vent Resulted: Case Management Conference scheduled on: 04/28/2023 10:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 28, 2023. Case management conference held by Zoom. Johnnieann Barboza appeared pro se. Ms. Barboza sworn. Ms. Barboza reports that service has not yet been completed, but that she has received an affidavit of indigency and waiver of the service fee and intends to complete service by Monday May 1, 2023. Service date extended to June 15, 2023. Continued case management conference set down for June 15, 2023 at 2:00 PM by Zoom (Notice docket entry sent via email to all parties of record)
  17. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 06/15/2023 Time: 02:00 PM
  18. ummons returned to Court without service on Shelly A. Barboza filed.
  19. vent Resulted: Case Management Conference scheduled on: 06/15/2023 02:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding June 15, 2023. Case management conference held by Zoom. Johnnieann Barboza appeared pro se. This case is based on a dispute over who owns a property. Service on Shelley Barboza has been completed. Johnnieann Barboza to communicate with Shelley Barboza about appearing in court. If Shelley Barboza does not appear or answer in court, she will be defaulted. Continued case management conference set down for July 6, 2023 at 12:00 PM by Zoom. (Notice of docket entry sent via email to all parties / counsel of record)
  20. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 07/06/2023 Time: 12:00 PM
  21. vent Resulted: Case Management Conference scheduled on: 07/06/2023 12:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding July 6, 2023. Case management conference held by Zoom. Johnnieann Barboza (Johnieann) appeared pro se. Default of Shelly A. Barboza (Shelly) is ENTERED pursuant to Mass. R. Civ. P. 55(a). Shelly was served on May 5, 2023 and no answer has been filed. Johnnieann to file request for entry of default judgment under Mass. R. Civ. P. 55(b). In the request for entry of default judgment, Johnnieann to include exactly how she is asking the court to rule. Johnnieann to serve Shelly (by certified mail, or by the sheriff) with a copy of the request for entry of default judgment, and notice of the upcoming default judgment hearing with Zoom access information. Service must be completed by the end of August. The request for entry of default judgment must include an affidavit of service. Default judgment hearing set down for September 15, 2023 at 10:15 AM by Zoom. The court encourages Johnnieann to contact the Court Service Center program for assistance. Information on the Court Service Centers may be found at: https://www. mass.gov/orgs/court-service-centers Information on how to receive assistance from the Virtual Court Service Center via phone or Zoom may be found at: https://www.mass.gov/info-details/learn-about-the-virtual-court-service-center (Notice of docket entry sent via masscourts & email to all parties / counsel of record)
  22. cheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 09/15/2023 Time: 10:15 AM
  23. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Shelly A. Barboza, filed.
  24. otion Declaratory Judgment , filed.
  25. etition Quite Title, filed.
  26. ffidavit of Service, filed.
  27. vent Resulted: Hearing scheduled on: 09/15/2023 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding Default Judgment Hearing held by Zoom. Johnnieann Barboza appeared pro se, and was sworn. The affidavit of service establishes that defendant Shelly A. Barboza was served more than fourteen days before this hearing, and did not appear. Plaintiff Johnnieann Barboza to submit green card to the court. Upon receipt of green card, the court will enter default judgment quieting title to subject property in plaintiff Johnnieann Barboza.
  28. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Johnnieann Barboza [email protected]
  29. eceipt
  30. efault Judgment entered. (Copies emailed to Pro Se Plaintiff Johnnieann Barboza) Judge: Foster, Hon. Robert B.
  31. ertificate, filed.
  32. ppearance of John F Creedon, Esq. for Shelly A. Barboza, filed Courtesy Copy received January 30, 2024
  33. otion to Vacate Judgment filed.
  34. otion to Vacate Judgment filed.
  35. ffidavit in Support of John A. Barboza Motion to Remove Judgment, Restore Case to List and Motion to Intervene as True Party of Interest, filed.
  36. otion to Remove Judgment, Restore Case to List, filed. (Courtesy Copy received January 30, 2024)
  37. ohn A. Barboza Motion to Remove Judgment, Restore Case to List and Motion to Intervene as True Party of Interest, filed. (Courtesy Copy received January 30, 2024)
  38. pperance of Counsel for True Party of Interest, John F. Creedon, P.C., Esq. for John A. Barboza
  39. ohn A Barboza as True Party in Interest Motion for a Short Order of Notice to Have Motion Heard On, filed.
  40. cheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 02/09/2024 Time: 09:00 AM
  41. vent Resulted: Hearing scheduled on: 02/09/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding February 9, 2024. Hearing on Motion to Remove Judgment and Motion to Intervene held by Zoom. Attorney John F. Creedon appeared. Johnnieann Barboza appeared pro se and was sworn. Shelly A. Barboza sworn. After hearing, pursuant to Mass. R. Civ. P. 55(c) and 60(b) the Motion to Remove Judgment is ALLOWED. The Default Judgment entered on September 28, 2024 is hereby VACATED. This case is restored to open and active status. The Motion to Intervene is ALLOWED. As John A. Barboza claims an interest in the property that is the subject of this action, he is entitled to intervention of right. Mass. R. Civ. P. 24(a)(2). John A. Barboza is hereby added as a party defendant. The answer and counterclaim, if any, of Shelly A. Barboza and John A. Barboza, with supporting exhibits, is due February 23, 2024. Any further submissions by plaintiff Johnnieann Barboza in support of her claims is due February 23, 2024. A case management conference is set down for March 7, 2024 at 2:30 pm by Zoom. (Foster J.).
  42. otion: Rule 60(b) Relief from A Final Judgement, Order or Proceeding, filed.
  43. otion: Estoppel by Inconsistent Positions of Law, filed.
  44. laintiff's Opposition to Defendant's Motion: To Remove Judgement, restore case to list and intervene as true party of interest, filed.
  45. etition: Estoppel by inconsistent positions of law, filed.
  46. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: John F Creedon, Esq. [email protected] Plaintiff: Johnnieann Barboza [email protected] Sent On: 02/09/2024 15:21:03
  47. ase reopened.
  48. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/07/2024 Time: 02:30 PM
  49. efentants, Shelly A Barboza and John A Barboza's (Party in Interest) Answers to Plaintiff's "Complaint", filed. ((Courtesy Copy received on February 27, 2024)
  50. etter from Pro Se Johnnieann Barboza providing additional information, filed.
  51. laintiff's Informal Brief in support of her Motion: Estoppel by inconsistent Positions of Law "try title", filed.
  52. etition: To "try title", filed.
  53. otion: To "try title", filed. Death Certificate scan not included
  54. laintiff's Response to Defendant's Answer, filed.
  55. vent Resulted: Status Conference scheduled on: 03/07/2024 02:30 PM Has been: Held via video Hon. Robert B. Foster, Presiding March 7 2024. Status Conference held by Zoom. Attorney John F. Creedon appeared. Johnnieann Barboza appeared pro se and was sworn. Ms. Barboza claims that she has title to the subject property by deed, a trust, and the will of her father. The defendants deny these allegations, and further allege that Ms. Barboza's claims have been previously adjudicated in different courts, all of which have led to those matters being dismissed. Defendants shall file a Motion for Summary Judgment on the issue of claim and issue preclusion on April 22, 2024. The Plaintiff shall have 45 days from them to file a response, June 5, 2024. The hearing on the Motion for Summary Judgment is set down for June 12, 2024 at 10AM via Zoom (Foster J.).
  56. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: John F Creedon, Esq. [email protected] Plaintiff: Johnnieann Barboza [email protected] Sent On: 03/08/2024 10:15:47
  57. cheduled Judge: Foster, Hon. Robert B. Event: Summary Judgment Hearing Date: 06/12/2024 Time: 10:00 AM
  58. efendant's Motion for Summary Judgment, filed.
  59. helly A. Barboza's Affidavit in Support of Motion for Summary Judgment, filed.
  60. ohn A. Barboza's Affidavit in Support of Motion for Summary Judgment, filed. , filed.
  61. ertificate of Service and Notice of Hearing, filed.
  62. vent Resulted: Summary Judgment Hearing scheduled on: 06/12/2024 10:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  63. cheduled Judge: Foster, Hon. Robert B. Event: Summary Judgment Hearing Date: 06/24/2024 Time: 09:30 AM
  64. etition: To: "quiet title, filed.
  65. otion: "quiet title action", filed.
  66. laintiff's Opposition to defendant's motion, filed.
  67. laintiff's Motion: In opposition to entry of Summary Judgment, filed.
  68. laintiff's Petition to: Subpoena, filed.
  69. laintiff's Motion for: Rule 45 Subpoena, filed.
  70. vent Resulted: Summary Judgment Hearing scheduled on: 06/24/2024 09:30 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Robert B. Foster, Presiding
  71. cheduled Judge: Foster, Hon. Robert B. Event: Summary Judgment Hearing Date: 07/02/2024 Time: 11:30 AM
  72. vent Resulted: Summary Judgment Hearing scheduled on: 07/02/2024 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 2, 2024. Defendant's Motion for Summary Judgment held by Zoom. Attorney John F. Creedon appeared. Johnnieann Barboza appeared pro se and was sworn. Both parties presented their arguments. The Court directs the defendants to resubmit their Motion for Summary Judgment to include any initially omitted exhibits such as birth certificates, death certificates, or other appropriate documents. The Court has taken this motion under advisement. (Foster, J.)
  73. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: John F Creedon, Esq. [email protected] Plaintiff: Johnnieann Barboza [email protected] Sent On: 07/02/2024 14:07:04
  74. ase taken under advisement.
  75. xhibits A-F of Defendant's Motion for Summary Judgment, filed.
  76. ertificate of Service, filed.
  77. emorandum and Order Allowing Defendants' Motion for Summary Judgment, issued. (Copies emailed to Attorney John Creedon and Pro Se Plaintiff Johnnieann Barboza) Judge: Foster, Hon. Robert B.

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