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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-11-26
Status Closed
Type E Filed Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket 62 entries
Disposition judgment entered

Parties

Plaintiff Do A/k/a Ngoc Nga Thi Do, Nga Ngoc|Do, Tran Ngoc
Defendant Robert W. Stevens|Unknown Heirs Of Anna Grace Stevens A/k/a A. Grace Stevens|Mouton Stevens, Gaynell|Garneau, Rosemary M|Mc Carthy, Joseph D|Garneau, Rachel L|Garneau, Mark S|Garneau, Christopher M|Mc Carthy, Joachim D|Mc Carthy, John J|Unknown Heirs Of Donald A. Stevens

Lawyers

Docket Entries

  1. elephonic motion hearing held. Plaintiffs appeared through counsel. No other parties appeared. Without opposition, the Court GRANTS Plaintiffs' motion for entry of a default judgment against the defaulted Defendants and those defendants who have stipulated to the relief Plaintiffs seek in this action. A separate judgment will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 08/29/2025 07:43:12
  2. and Court surcharge Receipt: 456331 Date: 11/26/2024
  3. ase assigned to the Average Track per Land Court Standing Order 1:04.
  4. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  5. erified Complaint eFiled.
  6. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 12/10/2024 09:27:47
  7. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 01/14/2025 Time: 12:00 PM
  8. laintiffs' Case Management Conference Statement, filed.
  9. he Court has reviewed Plaintiffs' Case Management Conference Statement. It appears from the docket that Plaintiffs haven't filed a return of service on defendant Stevens, and that as of January 2, 2025, they'd yet to communicate with him about the January 14, 2025, conference. The Court thus CANCELS the conference and ORDERS Plaintiffs to communicate that fact to Mr. Stevens. The Court ORDERS Plaintiffs to file by January 31, 2025, a return of service on Mr. Stevens or a status report on their efforts to obtain service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 01/07/2025 11:33:55
  10. vent Resulted: Case Management Conference scheduled on: 01/14/2025 12:00 PM Has been: Canceled Hon. Michael D. Vhay, Presiding
  11. ummons returned to Court with service on Robert W. Stevens filed.
  12. he Court has received Plaintiffs' return of the summons on Mr. Stevens. The Court ORDERS the parties to appear by telephone on February 13, 2025, at 9:00 AM for a case-management conference. A separate conference notice will issue. The Court ORDERS Plaintiffs to serve a copy of the notice promptly on Mr. Stevens and to file by January 31, 2025, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 01/24/2025 10:51:51
  13. vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 02/13/2025 Time: 09:00 AM
  14. ertificate of Service, filed.
  15. mail Motion to Continue Case Management Conference , filed.
  16. he Court GRANTS Plaintiffs' motion to continue the case management conference in this matter. The Court CANCELS the February 13, 2025, conference. The Court ORDERS Plaintiffs to file by February 14, 2025, am amended complaint. The Court ORDERS Plaintiffs to file by March 14, 2025, returns of service on all of the defendants or a status report on Plaintiffs' efforts to make service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 02/06/2025 10:13:27
  17. vent Resulted: Case Management Conference scheduled on: 02/13/2025 09:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
  18. mail Motion for a One Week Extension, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  19. mail Motion for a One Week Extension, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  20. laintiffs' First Amended Verified Complaint, filed.
  21. laintiffs' Motion for Service by Publication, filed.
  22. ffidavit of Due Diligence in Support of Plaintiffs' Motion for Service by Publication, filed.
  23. he Court has received Plaintiffs' amended complaint and their motion for service by publication on the unknown heirs or devisees of A. Grace Stevens, a/k/a Anna Grace Stevens, and the unknown heirs or devisees of Donald A. Stevens. The Court GRANTS the motion but only as to those unknown heirs and devisees. (Plaintiffs must serve the "known" heirs and devisees in accordance with the usual methods described in Rule 4, Mass. R. Civ. P., unless additional leave for alternative service is granted.) Court staff will furnish Plaintiffs with the form of notice and identify suitable publications. The Court ORDERS Plaintiffs to file by March 28, 2025, either returns of service on all of the as-yet unserved known defendants or a status report on Plaintiffs' service efforts. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 02/25/2025 10:24:22
  24. itation by publication in the Boston Globe/Herald or Mass Law.Wkly, returnable 04/14/2025, issued.
  25. ffidavit of Service by Publication on Defendants, Unknown Heirs of Anna Grace Stevens a/k/a Grace Stevens and Unknown Heirs of Donald A. Stevens, filed.
  26. laintiff's Status Report Regarding Service of Process on Newly Named Defendants and Request for Additional Time (45 Days) to Serve Same, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  27. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Robert W. Stevens, filed. Plaintiffs' Request for Entry of Default against Defendant Robert W. Stevens, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  28. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Unknown Heirs of Anna Grace Stevens a/k/a A. Grace Stevens, Unknown Heirs of Donald A. Stevens, filed.
  29. isclaimer of Interest filed by Christopher M Garneau Stipulation and Disclaimer of Interest of Defendant, Christopher M. Garneau.
  30. isclaimer of Interest filed by Rosemary M Garneau Stipulation and Disclaimer of Interest of Defendant, Rosemary M. Garneau
  31. isclaimer of Interest filed by Rachel L Garneau Stipulation and Disclaimer of Interest of Defendant, Rachel L. (Garneau) Campagnolo.
  32. ffidavit of Service on Gaynell Mouton Stevens, filed.
  33. ummons returned to Court with service on Joseph D McCarthy filed.
  34. ffidavit of Service on Rachel L. Garneau, filed.
  35. ffidavit of Service on Mark S. Garneau, filed.
  36. he Court GRANTS Plaintiffs' request for entry of certain defaults. The Court DIRECTS the Recorder to enter the defaults of defendants the Unknown Heirs of Anna Grace Stevens, a/k/a A. Grace Stevens, and the Unknown Heirs of Donald A. Stevens. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 04/22/2025 08:04:34
  37. efendant Unknown Heirs of Anna Grace Stevens a/k/a A. Grace Stevens, Unknown Heirs of Donald A. Stevens defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  38. ummons returned to Court with service on John J McCarthy filed.
  39. ummons returned to Court with service on filed.
  40. ummons returned to Court with service on Rosemary M Garneau filed.
  41. laintiff's Status Report Regarding Service of Process on Defendants and Request for Additional Time to Serve Defendant Joachim D. McCarthy, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  42. equest for Default pursuant to Mass. R.Civ.P.55(a) on Interested Party Gaynell Mouton Stevens, Joseph D McCarthy, Mark S Garneau, John J McCarthy, filed. Plaintiffs' Request for Entry of Default against Defendants, Gaynell Mouton Stevens, Joseph D. McCarthy, Mark S. Garneau, and John J. McCarthy.
  43. he Court DIRECTS the Recorder to enter the defaults of defendants Gaynell Mouton Stevens, Joseph D. McCarthy, Mark S. Garneau, and John J. McCarthy in this action. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 06/06/2025 17:09:35
  44. efendant Gaynell Mouton Stevens, Joseph D McCarthy, Mark S Garneau, John J McCarthy defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  45. ummons returned to Court with service on Joachim D McCarthy filed.
  46. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Joachim D McCarthy, filed.
  47. he Court GRANTS Plaintiffs' request for the entry of a default against defendant Joachim McCarthy. The Court DIRECTS the Recorder to enter that default. The Court ORDERS Plaintiffs to file by July 22, 2025, a suitably supported motion for entry of a default judgment 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: Amie D Joseph, Esq. [email protected] Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 07/08/2025 12:06:04
  48. efendant Joachim D McCarthy defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  49. laintiffs' Motion for Default Judgment and for Judgment on the Pleadings, filed.
  50. emorandum of Law in Support of Plaintiffs' Motion for Default Judgment and for judgment on the Pleadings, filed.
  51. Proposed) Judgment, filed.
  52. he Court has reviewed Plaintiffs' motion for entry of a default judgment against the six known defaulted defendants in this case. The Court DENIES the motion. Plaintiffs failed to file with the motion an affidavit, or affidavits, demonstrating that the Court may enter a default judgment consistent with the requirements of Rules 55(b)(2) and (b)(4), Mass. R. Civ. P. The Court ORDERS Plaintiffs to file the missing affidavit(s) by July 22, 2025, at which time the Court will consider the motion for default judgment as having been renewed. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 07/15/2025 07:49:19
  53. ilitary Affidavit as to Defendants, Robert Stevens, Gaynell Mouton Stevens, Joseph D. McCarthy, Mark S. Garneau, Joachim D. McCarthy, and John J. McCarthy Pursuant to Mass.R.Civ. P. Rule 55(b)(4), filed.
  54. laintiffs' Affidavit as to Defendants, Robert Stevens, Gaynell Mouton Stevens, Joseph D. McCarthy, Mark S. Garneau, Joachim D. McCarthy, and John J. McCarthy, filed.
  55. he Court ORDERS Plaintiffs and the defaulted parties to appear by telephone on August 25, 2025, at 9:30 AM for a hearing on Plaintiffs' renewed motion for entry of a default judgment. A separate notice of hearing will issue. The Court ORDERS Plaintiffs to serve each of the defaulted defendants by no later than August 8, 2025, with the hearing notice, Plaintiffs' motion, and all supporting papers. The Court ORDERS Plaintiffs to file by August 18, 2025, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 07/21/2025 10:41:54
  56. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 08/25/2025 Time: 09:30 AM
  57. he Court VACATES its order of July 21, 2025. The Court now ORDERS Plaintiffs and the defaulted parties to appear by telephone on August 28, 2025, at 11:00 AM for a hearing on Plaintiffs' renewed motion for entry of a default judgment. A separate notice of hearing will issue. The Court ORDERS Plaintiffs to serve each of the defaulted defendants by no later than August 8, 2025, with the hearing notice, Plaintiffs' motion, and all supporting papers. The Court ORDERS Plaintiffs to file by August 18, 2025, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Amie D Joseph, Esq. [email protected] Sent On: 07/23/2025 09:36:09
  58. vent Resulted: Hearing scheduled on: 08/25/2025 09:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Michael D. Vhay, Presiding
  59. cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 08/28/2025 Time: 11:00 AM
  60. ertificate of Service of Hearing Notice on Defaulted Defendants, filed.
  61. vent Resulted: Hearing scheduled on: 08/28/2025 11:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  62. udgment entered. (Copy emailed to Attorney Amie Joseph) Judge: Vhay, Hon. Michael D.

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