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- eclaratory Judgment Under M.G.L. c 231A 1-9, issued. (Copies emailed to Attorneys James Coppola, Elaine Byrne, and David Coppola) Judge: Vhay, Hon. Michael D.
- and Court surcharge Receipt: 456375 Date: 11/27/2024
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- omplaint eFiled.
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the A Track. Notice sent.
- he Court has reviewed the City of Springfield's complaint in this matter. Plaintiff City of Springfield seeks a declaratory judgment under "M.G.L. c. 231A, secs. 1-9" that, as a consequence of a judgment of foreclosure issued by this Court in Case No. 92 TL 096392, the City has title to what its complaint calls Parcel 406-D. The City's complaint doesn't identify, however, any parties defendant. Chapter 231A, sec. 8 expressly provides in part: "When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding." Rule 10, Mass. R. Civ. P., further contains various provisions requiring every "pleading" to identify the parties to the dispute. The City's complaint doesn't comply with that rule. The Court thus ORDERS the City to file by December 31, 2024, an amended complaint that identifies all persons whom the City wishes a declaration of this Court to bind. The Court ADVISES the City that should it not comply with this order, or move before December 31, 2024, for an extension of time to comply with it, the Court will dismiss the City's complaint without prejudice for lack of a justiciable controversy. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 12/10/2024 17:19:32
- etter, filed.
- mended Civil Cover Sheet, filed.
- mended Petition for Declaratory Judgment under M.G.L. 231 A 1-9, filed.
- he Court has received the City's amended complaint. The Court ORDERS the City to file by January 24, 2025, returns of service on each of the defendants (including the "Heirs" defendants) or a status report on the City's service efforts. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 12/20/2024 14:36:32
- ummons returned to Court with service on Samuel U. Reynolds filed.
- ummons returned to Court with service on Duane Reynolds filed.
- ummons returned to Court with service on Alethea Mallett filed.
- ummons returned to Court with service on Davon Reynolds filed.
- otion to Issue Order of Notice by Publication under Mass. R. Civ. P. Rule 4 (d)(1), filed.
- he Court has reviewed, and GRANTS in part, the City's motion for alternative service. Court staff will draft an appropriate notice and determine a suitable periodical for publication. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 01/17/2025 09:45:09
- tatus Report of City of Springfield's Service Efforts, filed.
- he Court has reviewed the City's status report on service. The Court ORDERS the City to file by February 21, 2025, returns of service on Tyrone Reynolds and Derek Reynolds, 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: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 01/24/2025 12:48:49
- itation by publication in the Boston Globe/Herald or Mass Law.Wkly, returnable 03/10/2025, issued.
- ummons returned to Court with service on Derek Reynolds filed.
- ear Sheet, filed.
- ummons returned to Court with service on Tyrone Melendez Reynolds filed.
- n February 3, 2025, the City filed a return of service on defendant Derek Reynolds. The return asserts that on January 27, 2025, service was accomplished in this manner: "Posted by Deputy R. Taylor for Sheriff G. A Morgan." The Court ORDERS the City to file by March 7, 2025, a memorandum either (a) explaining how the return demonstrates that the City has served Mr. Reynolds in accordance with Rule 4, Mass. R. Civ. P., or (b) describing how the City intends to obtain complying service on Mr. Reynolds. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 02/26/2025 09:38:13
- ummons returned to Court with service on Derek Reynolds filed.
- he Court DIRECTS the Recorder to enter the defaults of defendants Samuel U. Reynolds, the Heirs of Pamela J. Reynolds, Alethea Mallett, Tyrone Melendes Reynolds, Derek Reynolds, Duane Reynolds, and Davon Reynolds. The Court ORDERS the City to file by March 28, 2025, a suitably supported 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: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 03/14/2025 11:54:56
- efendant Samuel U. Reynolds, The Heirs of Pamela J. Reynolds, Alethea Mallett, Tyrone Melendez Reynolds, Derek Reynolds, Duane Reynolds, Davon Reynolds defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- etter, filed.
- otion to Issue Judgment under Mass. R. Civ. P. Rule 55(b), filed.
- otion for General Default, filed.
- ffidavit as to Military Service, filed.
- he Court has reviewed, and DENIES as moot, the City's Motion for General Default, all named defendants having been defaulted previously. The Court also has reviewed, and DENIES without prejudice to its renewal, the City's motion to issue judgment under Rule 55(b). The motion lacks suitable evidence showing that none of the named defendants is an infant or incompetent person or an incapacitated person as defined in G.L. c. 190B. See Rule 55(b)(2), Mass. R. Civ. P. The Court will deem the motion to be renewed once the City furnishes an affidavit or other evidence addressing that issue. The Court ORDERS the City to file such evidence by April 2, 2025. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 03/25/2025 13:36:20
- otion for Default Judgment Pursuant to 55(b), filed.
- he Court has received the City's renewed motion for entry of a default judgment. The Court ORDERS the parties to appear by telephone for a hearing on the motion on April 23, 2025, at 2:00 PM. A separate conference notice will issue. The Court ORDERS the City to serve by April 8, 2025, on each of Samuel U. Reynolds, Alethea Mallett, Tyrone Melendes Reynolds, Derek Reynolds, Duane Reynolds, and Davon Reynolds, (a) a copy of the City's motion, and all supporting materials; and (b) a copy of the hearing notice. The Court ORDERS the City to file by April 16, 2025, a certificate of such service. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 03/28/2025 07:53:33
- cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 04/23/2025 Time: 02:00 PM
- mail Motion to Continue Hearing, filed.
- vent Resulted: Hearing scheduled on: 04/23/2025 02:00 PM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Michael D. Vhay, Presiding
- cheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 04/29/2025 Time: 03:00 PM
- t the request of the City, the Court POSTPONES the April 23, 2025, hearing on the City's renewed motion for entry of a default judgment to April 29, 2025, at 3:00 PM. The Court ORDERS the parties to appear by telephone for a hearing on the motion at that time. A separate conference notice will issue. The Court ORDERS the City to serve by April 11, 2025, on each of Samuel U. Reynolds, Alethea Mallett, Tyrone Melendes Reynolds, Derek Reynolds, Duane Reynolds, and Davon Reynolds, (a) a copy of the City's motion, and all supporting materials; and (b) a copy of the hearing notice. The Court ORDERS the City to file by April 18, 2025, a certificate of such service. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Sent On: 03/28/2025 14:34:22
- ertificate of Service, filed.
- vent Resulted: Hearing scheduled on: 04/29/2025 03:00 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- earing on the City of Springfield's renewed motion for entry of a default judgment held by telephone. The City appeared through counsel. Defendant Alethea Mallett appeared representing herself. The remaining Defendants didn't appear. In its motion, the City identified Trustee Danny L. Garrison, a nonparty, as a mortgagee of the property that's the subject of this action. The City confirmed that it is not seeking judgment against Trustee Garrison. Without opposition, the Court GRANTS the City's motion for entry of default judgment with respect to all of the defaulted parties except for Ms. Mallett. The Court ORDERS Ms. Mallet to file by May 30, 2025, a motion under Rule 55(c) of the Massachusetts Rules of Civil Procedure that asks the Court to vacate the "default" the Court entered against her in March 2025. That motion must show good cause for why Ms. Mallett did not file in this Court a response to the City's amended complaint within twenty days of receiving the City's complaint and a court summons in January 2025. The Court ADVISES Ms. Mallett that if she does not file by May 30, 2025, a motion to vacate the default against her, the Court will grant the City's motion for entry of a default judgment against her. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Defendant: Alethea Mallett [email protected] Sent On: 04/30/2025 08:05:36 Notice of Docket Entry sent to counsel of record and Ms. Mallett by email.
- s Ms. Mallett has not moved to vacate the default against her, the Court GRANTS the City's motion for entry of a default judgment. The Court ORDERS the City to file by June 16, 2025, a proposed form of judgment. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: James E Coppola, Jr., Esq. [email protected] Plaintiff: Elaine A Byrne, Esq. [email protected] Plaintiff: David J Coppola, Esq. [email protected] Defendant: Alethea Mallett [email protected] Sent On: 06/06/2025 17:14:34
- Proposed) Declaratory Judgment Under M.G.L. c 231A 1-9, filed.
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