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Case Information

Filed 2023-08-21
Status Open
Type Par Partition, G.l. Chapter 241
Docket 104 entries

Parties

Plaintiff Teixeira, Miryam
Defendant Pinto, Geraldino|Plaza Home Mortgage, Inc.|Internal Revenue Service|Secretary Of Housing And Urban Development

Lawyers

Docket Entries

  1. vent Resulted: Trial scheduled on: 10/02/2025 09:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  2. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 443415 Date: 08/21/2023
  4. and Court surcharge Receipt: 443415 Date: 08/21/2023
  5. and Court summons Receipt: 443415 Date: 08/21/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the F Track. Notice sent.
  8. he Court has reviewed Ms. Teixeira's complaint for partition. The Court ORDERS the parties to appear for a telephonic case-management conference on September 22, 2023, at 11:00 AM. A separate notice of case-management conference will issue. The Court ORDERS Teixeira to serve defendant Pinto promptly with a copy of this order and the conference notice. The Court ORDERS the parties to include in their joint conference memorandum a discussion of (a) whether there are any mortgages on the parties' Brockton property (and if so, which of the parties makes payments on that mortgage, whether the other party agrees to have that payment arrangement continue while this case is pending, and whether the mortgage is in good standing); (b) whether the property is insured (and if so, which of the parties makes the premium payments, whether the other party agrees to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (c) whether anyone is paying the property's real-estate taxes, whether those taxes are paid to date, and whether the other party agrees to have any existing payment arrangements continue while this case is pending: (d) whether any of the property's owners lives in the Brockton property; and (e) whether the property has any third-party tenants (and if so, which of the parties collects rents, which of the parties pays the expenses of the tenancy, and whether the other party agrees to have those arrangements continue while this case is pending). The Court further ORDERS Teixeira to file with the Court, by September 8, 2023, (a) an as-recorded copy of the notice described in G.L. c. 241, sec. 7; and (b) a certificate of compliance with the fourth sentence of this order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Sent On: 08/29/2023 12:48:46
  9. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 09/22/2023 Time: 11:00 AM
  10. he parties have not complied with the Court's August 29, 2023 orders in this matter. Ms. Teixeira also has filed no returns of service. Accordingly, the Court CANCELS the September 22, 2023, case-management conference in this matter. The Court ORDERS Ms. Teixeira to file by October 6, 2023, returns of service on each of the defendants or a status report on her efforts to obtain such returns. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Sent On: 09/21/2023 09:45:32
  11. vent Resulted: Case Management Conference scheduled on: 09/22/2023 11:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  12. ummons returned to Court with service on Geraldino Pinto filed.
  13. he Court DIRECTS the Recorder to enter the default of defendant Geraldino Pinto in this action. The Court ORDERS Ms. Teixeira to appear for a telephonic case-management conference on November 6, 2023, at 11:30 AM. A separate notice of case-management conference will issue. The Court ORDERS Ms. Teixeira to include in her conference memorandum a discussion of (a) whether there are any mortgages on the parties' Brockton property (and if so, which of the parties makes payments on that mortgage, whether Ms. Teixeira agrees to have that payment arrangement continue while this case is pending, and whether the mortgage is in good standing); (b) whether the property is insured (and if so, which of the parties makes the premium payments, whether Ms. Teixeira agrees to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (c) whether anyone is paying the property's real-estate taxes, whether those taxes are paid to date, and whether Ms. Teixeira agrees to have any existing payment arrangements continue while this case is pending: (d) whether any of the property's owners lives in the Brockton property; and (e) whether the property has any third-party tenants (and if so, which of the parties collects rents, which of the parties pays the expenses of the tenancy, and whether Ms. Teixeira agrees to have those arrangements continue while this case is pending). The Court further ORDERS Ms. Teixeira to file with the Court, by October 27, 2023, an as-recorded copy of the notice described in G.L. c. 241, sec. 7. The Court ADVISES the parties that it expects compliance with all deadlines set forth in this and all other orders of the Court. If a party concludes that he or she is unable to meet a Court deadline, that party must seek an extension before the deadline; the Court will grant retroactive requests for extensions only for grave cause shown. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Sent On: 10/12/2023 07:57:04
  14. efendant Geraldino Pinto defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  15. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 11/06/2023 Time: 11:30 AM
  16. iryam Texeira's Case Management Memorandum., filed.
  17. vent Resulted: Case Management Conference scheduled on: 11/06/2023 11:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  18. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  19. elephonic case management conference and initial intervention event held. Plaintiff Texeira appeared through counsel. Defaulted defendant Geraldino Pinto did not appear. Ms. Texeira is seeking a partition by sale of a property she and Mr. Pinto own as joint tenants with rights of survivorship at 56 Greenfield Street, Brockton, Massachusetts. Ms. Texeira also is seeking her share of the property's net rental income during the time the parties owned the property. The Court will appoint by separate order a commissioner to oversee partition of the property. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Sent On: 11/06/2023 12:04:18
  20. n accordance with SJC Rule 1:07, the following fee generating appointment was made: Laurel E Bretta, Esq. appointed as Partition Commissioner (Southern Counties) On 11/06/2023 by Hon. Michael D. Vhay
  21. nterim Order Appointing Laurel E. Bretta, Esq., as Partition Commissioner, issued. (Copies emailed to Attorneys Stephen Woods and Laurel Bretta) Judge: Vhay, Hon. Michael D.
  22. ummons returned to Court with service on Internal Revenue Service, Plaza Home Mortgage, Inc. filed.
  23. otion to Set Aside Entry of Default, filed.
  24. irst Interim Report of Partition Commissioner, Laurel E. Bretta, Attorney, filed.
  25. otion to File late Estimate of Time and Charges of Partition Commissioner, Laurel E. Bretta, Attorney, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record and the Partition Commissioner.
  26. ppearance of Christopher Murray, Esq. for Geraldino Pinto, filed
  27. ffidavit of Geraldino Pinto, filed.
  28. otion to Set Aside Entry of Default, filed.
  29. he Court has received defendant's motion to set aside his default. The Court ORDERS Plaintiff to file by January 9, 2024, any opposition to the motion. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 01/02/2024 10:04:37
  30. ithout opposition, Mr. Pinto's motion to set aside entry of default is GRANTED. The Court ORDERS the parties and the Commissioner to appear for a telephonic case-management conference on February 6, 2024, at 12:30 PM. A separate conference notice will issue; the Court EXCUSES the Commissioner, however, from participating in the drafting of the parties' joint conference statement. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 01/12/2024 10:04:26
  31. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 02/06/2024 Time: 12:30 PM
  32. oint Pre-Trial Memorandum, filed.
  33. vent Resulted: Case Management Conference scheduled on: 02/06/2024 12:30 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  34. lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  35. elephonic case management conference held. Plaintiff Teixeira and Defendant Pinto appeared through counsel. The Commissioner did not appear. Ms. Teixeira is seeking to partition the property at 65 Greenfield St in Brockton, Massachusetts either by sale or by set-off. Mr. Pinto would prefer to partition the property by set-off. Mr. Pinto pays the mortgages, taxes, and insurance on the property. Absent leave of the Court to proceed otherwise, the Court ORDERS Mr. Pinto to continue making the mortgage, tax, and insurance payments on the property, without prejudice to his seeking reimbursement of those expenses. After hearing from the parties, and with their assent, the Court STAYS litigation in this case to give the parties time to exchange information informally and discuss settlement. The Court ORDERS the parties to file by March 1, 2024, a joint report stating either that: (1) the parties need more time to continue settlement discussions; (2) the parties have agreed to mediate the case; (3) the parties have reached a resolution; or (4) the parties have determined that settlement won't be possible at this time. The Court INSTRUCTS the Commissioner to suspend work on this case until further order of the Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 02/06/2024 14:38:24
  36. oint Report, filed.
  37. he Court has reviewed the parties' joint report. The Court ORDERS the parties to file by March 29, 2024, a further report on the status of their settlement efforts. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  38. otion to Extend Deadline to File a Settlement Status Report (to April 30, 2024), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  39. otion to Extend Deadline to File a Settlement Status Report (to May 30, 2024), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  40. oint Report, filed.
  41. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 07/11/2024 Time: 09:00 AM
  42. vent Resulted: Status Conference scheduled on: 07/11/2024 09:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  43. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 07/16/2024 Time: 09:30 AM
  44. econd Interim Report of Partition Commissioner, Laurel E. Bretta, Attorney, filed.
  45. vent Resulted: Status Conference scheduled on: 07/16/2024 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  46. elephonic status conference held. The parties appeared through counsel. The Commissioner appeared as well. After hearing from the parties, the Court ORDERS them to submit by August 16, 2024, a joint report stating that either they have (1) agreed to mediate the dispute and have contacted an agreed mediator (including the name of the chosen mediator and date of scheduled mediation, if available); or (2) decided not to mediate at this time. The Court further ORDERS the parties, by August 16, 2024, to pay all invoices due to the Commissioner or file any objections to such invoices. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 07/16/2024 14:14:10
  47. oint Report, filed.
  48. he Court has reviewed the parties' status report. The Court ORDERS the parties (but not the Commissioner) to appear by telephone on August 29, 2024, at 2:00 PM for a status conference. The Court ORDERS the Commissioner to report by e-mail to the Sessions Clerk by noon on August 28, 2024, whether both parties have paid their shares of the Commissioner's invoices to date. The Court ADVISES Ms. Texiera that if her share of those expenses isn't paid by the time of the Commissioner's report, the Court will fine Ms. Texiera $100 for every day that payment has been late, beginning with August 16, 2024 (the date by which the parties were either to pay the fees or file an objection, which no party did). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 08/22/2024 15:31:06
  49. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 08/29/2024 Time: 02:00 PM
  50. tatus Report of Partition Commissioner, Laurel Bretta, Attorney, filed.
  51. vent Resulted: Status Conference scheduled on: 08/29/2024 02:00 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  52. elephonic status conference held. The parties appeared through counsel. Mr. Pinto remains interested in acquiring Ms. Teixeira's interest by setoff, with appropriate credits for unreimbursed expenses. The Court ORDERS the parties to complete all discovery in this partition action, both fact and expert (including all appraisal-related discovery), by November 29, 2024. The Court ORDERS the parties to appear for a status conference on December 6, 2024, at 11:00 AM. The Court DIRECTS the Commissioner to suspend her activities until further order of the Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 08/30/2024 07:35:12
  53. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 12/06/2024 Time: 11:00 AM
  54. oint Report and Motion to Continue (the discovery process for 30 Days), filed.
  55. ourt has reviewed, and GRANTS, the parties' motion to extend the discovery deadline in this case. The Court ORDERS the parties to complete all discovery, fact and expert, by January 3, 2025. The Court will grant no further extensions of that deadline except for grave cause shown. The Court CONTINUES the December 6, 2024, status telephone conference in this matter to January 13, 2025, at 11:00 AM. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 12/04/2024 11:04:54
  56. vent Resulted: Status Conference scheduled on: 12/06/2024 11:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Michael D. Vhay, Presiding
  57. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 01/13/2025 Time: 11:00 AM
  58. vent Resulted: Status Conference scheduled on: 01/13/2025 11:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  59. elephonic status conference held. Both parties appeared, as well as the Commissioner. The parties have completed discovery, but neither has obtained an appraisal of their Brockton property, and Mr. Pinto remains interested in purchasing Ms. Teixeira's interest in the property by setoff. With the agreement of the parties, the Court ORDERS the Commissioner to obtain an appraisal of the property. The Court ORDERS the Commissioner to file a copy of the appraisal once she receives it. The Court further ORDERS the Commissioner to file by February 14, 2025, a report on the status of obtaining the appraisal if one hasn't been filed by that date. The Court ORDERS the parties to cooperate with the Commissioner's request for insurance, lien, and other information pertaining to the property. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 01/13/2025 12:14:31
  60. hird Interim Report of Partition Commissioner, Laurel E. Bretta, Attorney, filed.
  61. artition Commissioner, Laurel E. Bretta, Attorney's Motion to Approve Commissioner's Fees and Expenses, filed.
  62. he Court has received the Commissioner's Motion to Approve certain fees and expenses. The Court ORDERS the parties to file by February 24, 2025, any objections to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 02/14/2025 09:34:27
  63. he Court has reviewed the appraisal obtained by the Commissioner. The Court ORDERS Mr. Pinto to file by February 27, 2025, a statement whether he accepts the appraisal. If he does not accept the appraisal, he must further state by February 27, 2025, whether he has a different appraisal (in which case, he must file a copy of it). If he contests the appraisal but lacks one of his own, he must identify by February 27, 2025, an appraiser that Mr. Pinto has engaged to prepare an appraisal and that appraiser's expected date for completing the appraisal. If Mr. Pinto accepts the Commissioner's appraisal, Mr. Pinto must state by February 27, 2025, whether he is willing and able to purchase Ms. Teixeira's interest in the parties' property based on the appraisal's calculation of fair market value, assuming favorable (to Mr. Pinto) resolution of the capital-expenditure and rental-income issues in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 02/19/2025 16:06:19
  64. ithout objection, the Court GRANTS the Commissioner's Motion to Approve Payment of Certain Fees. The Court FINDS that the Commissioner's fees ($5380.00) and expenses ($275.00) are reasonable. The Court ORDERS each owner to pay the Commissioner $2,827.50 by March 13, 2025. The Court further ORDERS Mr. Pinto to pay by no later than March 13, 2025, his share ($720.00) of the cost of the appraisal obtained by the Commissioner. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 02/27/2025 10:12:19
  65. tatement of Geraldino Pinto, filed.
  66. otice of Docket Entry: The Court has received Mr. Pinto's statement. The Court ORDERS Ms. Teixeira to report by March 7, 2025, whether she accepts the value established in the Commissioner's appraisal. SO ORDERED. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 02/28/2025 15:18:16
  67. tatement of Petitioner Miryam Teixeira, filed.
  68. he Court has reviewed the parties' recent submissions concerning the Commissioner's appraisal and their positions relative to a setoff of their property. The Court ORDERS the parties to appear at noon by videoconference on April 23, 2025, for a pretrial conference. A separate notice of pretrial videoconference will issue. The purpose of the pretrial conference is to put all of the parties' remaining issues on a track for resolution either by summary disposition or by trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 03/17/2025 12:40:26
  69. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 04/23/2025 Time: 12:00 PM
  70. ssented Motion to Continue, filed.
  71. he Court has received the parties' joint motion to continue the April 23, 2025, pretrial conference. The Court GRANTS the motion in part. The Court CONVERTS the April 23, 2025, conference to a status conference, as it is not clear from the parties' motion whether they are on track for resolving all of their disputes in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Sent On: 04/22/2025 08:23:27
  72. vent Resulted: Pre-Trial Conference scheduled on: 04/23/2025 12:00 PM Has been: Continued For the following reason: Request of all Parties Comments: CONVERTED to a Status Conference Hon. Michael D. Vhay, Presiding
  73. cheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 04/23/2025 Time: 12:00 PM
  74. otion to Intervene, filed.
  75. ppearance of Thomas Joseph Santolucito, Esq. for PennyMac Loan Services, LLC, filed
  76. he Court has received Penny Mac's motion to intervene. The Court will discuss with the parties at tomorrow's status conference whether they assent to the motion. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Interested Party: Thomas Joseph Santolucito, Esq. [email protected] Sent On: 04/22/2025 16:25:40
  77. vent Resulted: Status Conference scheduled on: 04/23/2025 12:00 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  78. tatus conference and hearing on PennyMac's motion to intervene held by Zoom. The parties appeared through counsel. Interested party PennyMac appeared through counsel. Commissioner Bretta also appeared. Without objection, the Court GRANTS PennyMac's motion to intervene. Mr. Pinto expressed interest in purchasing Ms. Teixeira's interest in the property. The parties further agree that the property's value is $650,000. The Court ORDERS the parties to appear for a pre-trial conference on May 27, 2025 at 10:00 AM by Zoom. A separate notice of conference will issue. The Court EXCUSES PennyMac and Commissioner Bretta from attending the pre-trial conference. The Court ORDERS Mr. Pinto to continue paying the property's mortgage, taxes, and insurance (without prejudice to his rights to seek reimbursement) until further order of the Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Interested Party: Thomas Joseph Santolucito, Esq. [email protected] Sent On: 04/23/2025 16:03:41
  79. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 05/27/2025 Time: 10:00 AM
  80. otice of Docket Entry sent to counsel of record and Pro Se by email, filed.
  81. oint Motion to Continue Pretrial Conference, filed.
  82. he Court has received, and GRANTS, the parties' joint motion to continue pretrial conference. The Court RESCHEDULES the conference to July 9, 2025, at 8:45 AM, by telephone. The Court will not grant further postponements of the conference except for grave cause shown; such cause does not include discussion of settlement. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Interested Party: Thomas Joseph Santolucito, Esq. [email protected] Sent On: 05/22/2025 15:41:55
  83. vent Resulted: Pre-Trial Conference scheduled on: 05/27/2025 10:00 AM Has been: Continued For the following reason: Request of all Parties Hon. Michael D. Vhay, Presiding
  84. cheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 07/09/2025 Time: 08:45 AM
  85. oint Pre-Trial Memorandum, filed.
  86. vent Resulted: Pre-Trial Conference scheduled on: 07/09/2025 08:45 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  87. retrial conference held by telephone. The parties appeared through counsel. With the Court's leave, PHH Mortgage did not appear. After hearing from the parties, the Court ORDERS them to hold October 1-3, 2025 for trial. A separate order in advance of trial will issue once the Court has confirmed the location of the trial. The Court ORDERS the parties to appear by telephone on September 23, 2025, at 10:00 AM for a final pretrial conference. A separate notice of conference will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Interested Party: Thomas Joseph Santolucito, Esq. [email protected] Sent On: 07/09/2025 09:36:12
  88. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 09/23/2025 Time: 10:00 AM
  89. vent Resulted: Telephone Conference Call scheduled on: 09/23/2025 10:00 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
  90. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 09/25/2025 Time: 09:00 AM
  91. rder in Advance of Trial, issued. (Copies emailed to Attorneys Stephen E Woods, Christopher Murray, Laurel E Bretta, and Thomas Joseph Santolucito) Judge: Vhay, Hon. Michael D.
  92. cheduled Judge: Vhay, Hon. Michael D. Event: Trial Date: 10/02/2025 Time: 09:30 AM
  93. cheduled Judge: Vhay, Hon. Michael D. Event: View Date: 10/02/2025 Time: 08:30 AM
  94. mail Status Report, filed.
  95. cheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 09/05/2025 Time: 09:30 AM
  96. tipulation to Dismiss Complaint as to Defendant PennyMac Loan Services, LLC Only, filed.
  97. vent Resulted: Telephone Conference Call scheduled on: 09/05/2025 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  98. elephonic status conference held. The parties appeared through counsel. The parties previously reported they'd failed to reach agreement on the timing of their exchange of materials described in the Order in Advance of Trial in this matter. With the parties' agreement, the Court ORDERS them to exchange by September 12, 2025, their proposed findings of fact and exhibits, and to cooperate thereafter with the aim of their each filing by September 23, 2025, the materials described in paragraphs (1)-(4) on pages 2-3 of the Order in Advance of Trial. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Sent On: 09/05/2025 14:39:37
  99. mail Report from the Parties regarding Settlement, filed.
  100. he parties report they have settled this case. The Court ORDERS the Commissioner to (1) suspend her work and (2) file by September 22, 2025, either (a) an invoice pursuant to SJC Rule 1:07 for any fees and expenses that are outstanding, or (b) a report that all of her fees and expenses have been paid. Should the Commissioner file another invoice, the Court ORDERS the parties within ten days of its filing to pay the invoice or file any objections to it. The Court ADVISES the parties that the Court will not allow them to dismiss this case unless the Commissioner's reasonable fees and expenses have been paid. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Interested Party: Thomas Joseph Santolucito, Esq. [email protected] Sent On: 09/12/2025 15:09:59
  101. ourth Interim Report of Partition Commissioner, Laurel E. Bretta, Attorney, filed.
  102. he Court has received the Commissioner's Fourth Interim Report. The Court ORDERS the parties, by September 29, 2025, to either pay their shares of the Commissioner's new fees and expenses described in the Report or file their objections to those fees and expenses. The Court further notes that the Report states that Ms. Teixeira hasn't paid her share of the Commissioner's previously approved fees and expenses. See order of February 27, 2025. The Court ORDERS Ms. Teixeira to pay the Commissioner $2,827.50 by no later than September 26, 2025. The Court ADVISES Ms. Teixeira that the Court will fine her $100 per day if she violates this order. The Court ORDERS the Commissioner to report to the Sessions Clerk promptly her receipt of the payments described in this Order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Stephen E Woods, Esq. [email protected] Defendant: Christopher Murray, Esq. [email protected] Commissioner: Laurel E Bretta, Esq. [email protected] Interested Party: Thomas Joseph Santolucito, Esq. [email protected] Sent On: 09/19/2025 13:56:18
  103. vent Resulted: Telephone Conference Call scheduled on: 09/25/2025 09:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  104. vent Resulted: View scheduled on: 10/02/2025 08:30 AM Has been: Canceled Hon. Michael D. Vhay, Presiding

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