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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-19
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 39 entries

Parties

Plaintiff Vital Germain, Hadassa
Defendant Mercilus, Nixon

Lawyers

Docket Entries

  1. tipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 444888 Date: 10/19/2023
  4. and Court surcharge Receipt: 444888 Date: 10/19/2023
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Hadassa Vital-Germain 30 Ox Bow Lane, Randolph, MA 02368 Sent On: 10/24/2023 15:31:02 Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Hadassa Vital-Germain 36 Ox Bow Lane, Randolph, MA 02368 Sent On: 11/10/2023 14:54:40
  7. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 11/29/2023 Time: 11:30 AM
  8. ppearance of Peter G Thomas, Esq. for Hadassa Vital-Germain, filed
  9. ppearance of Bryan J Texiera, Esq. for Hadassa Vital-Germain, filed
  10. vent Resulted: Case Management Conference scheduled on: 11/29/2023 11:30 AM Has been: Rescheduled to January 11, 2023 at 9:30 am, at the request of counsel and by agreement of the court. Hon. Diane R. Rubin, Presiding
  11. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 01/11/2024 Time: 09:30 AM Counsel notified via email.
  12. mended Petition for Partition, filed.
  13. ummons returned to Court with service on Nixon Mercilus filed. Served at the last and usual place of abode and by mailing first class mail on December 22, 2023.
  14. etitioner's Case Management Conference Statement, filed.
  15. ppearance of Pro Se for Nixon Mercilus, filed
  16. vent Resulted: Case Management Conference scheduled on: 01/11/2024 09:30 AM Has been: Held via video Hon. Diane R. Rubin, Presiding
  17. lternative Dispute Resolution: Early Intervention Event held. Judge: Rubin, Hon. Diane R.
  18. vent Resulted: Status Conference scheduled on: 03/18/2024 02:00 PM Has been: Case management conference held via videoconference. Attorney Bryan Texiera appeared on behalf of petitioner, who was present, and respondent Nixon Mercilus appeared pro se. Court is in receipt of the Complaint, the Amended Petition for Partition, and the Petitioner's Case Management Conference Statement. By way of background, Attorney Texiera explained that this is a partition of 65 Clarence Street in Brockton, which is commonly owned by petitioner and respondent who are divorced. Attorney Texiera also advised that the property was also equipped with solar panels secured by UCC filing statement, which may be a consideration in a future sale. Attorney Texiera and Mr. Mercilus advised that they were in communication and discussing a negotiated settlement. Mr. Mercilus also advised that he would like the opportunity to investigate refinancing options to purchase the property by set-off. In light of Mr. Mercilus' restraining order against petitioner (Brockton District Court, Docket No. 2315RO1050), all communication between the parties shall proceed via Attorney Texiera. Status conference scheduled for March 18, 2024, at 2:00 P.M., with parties to submit a joint status report by March 11, 2024, to include any progress by respondent to secure financing. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  19. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/18/2024 Time: 02:00 PM
  20. ppearance of Ricardo Bonachy Telemaque, II, Esq. for Nixon Mercilus, filed
  21. oint Motion to Continue Case Management Conference, filed and ALLOWED. Conference is Rescheduled to May 31, 2024 at 10:45 am via zoom. Counsel will be filing a Joint Status Report by May 24, 2024. Counsel and Mr. Mercilus notified via email. Judge: Rubin, Hon. Diane R.
  22. vent Resulted: Status Conference scheduled on: 03/18/2024 02:00 PM Has been: Rescheduled to May 31, 2024 at 10:45 am. Hon. Diane R. Rubin, Presiding
  23. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 05/31/2024 Time: 10:45 AM
  24. oint Motion to Continue Case Management Conference, filed.
  25. oint Motion to Continue Case Management Conference ALLOWED. The status conference is Continued to July 18, 2024 at 11:00 am via zoom. Counsel will file a Joint Status Report by July 11, 2024. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  26. vent Resulted: Status Conference scheduled on: 05/31/2024 10:45 AM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  27. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 07/18/2024 Time: 11:00 AM
  28. oint Statement of the Parties, filed.
  29. vent Resulted: Status Conference scheduled on: 07/18/2024 11:00 AM Has been: Held via video Hon. Diane R. Rubin, Presiding
  30. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM Date: 09/09/2024 Time: 10:30 AM Email notice to: Attorney Peter G. Thomas; Attorney Bryan J. Texiera; Pro Se Defendant Nixon Mercilus; and Attorney Ricardo Bonachy Telemaque, II.
  31. vent Resulted: Status Conference scheduled on: 09/09/2024 10:30 AM Has been: Status conference held via videoconference. Attorney Bryan Texiera appeared on behalf of the petitioner, and Attorney Ricardo Telemaque appeared on behalf of the respondent, who was present. Court is in receipt of Joint Statement of the Parties. Counsel reported that they were close to finalizing respondent's purchase by set-off but that there had been an issue as to respondents refinanced mortgage that remained to be resolved. Following colloquy, respondent to continue efforts to secure a mortgage sufficient to refinance both outstanding mortgages and make payment to the petitioner, and parties to continue working towards settlement. Status conference scheduled for September 9, 2024, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  32. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/09/2024 Time: 10:30 AM
  33. vent Resulted: Status Conference scheduled on: 09/09/2024 10:30 AM Has been: Status conference held via Zoom. Attorney Bryan Texiera appeared on behalf of the plaintiff, who was present, and Attorney Ricardo Telemaque appeared on behalf of the defendant. Counsel reported that respondent had been unable to secure financing to buy out petitioner's interest in the property and both parties have agreed to list and sell the property to a third party. Counsel further reported that the parties were finalizing a listing agreement with a broker to put the property on the market by September 30, 2024. Following colloquy, parties to continue efforts to list the property, continue working towards resolving any accounting claims to avoid the expense and delay of further litigation. Status conference scheduled for December 9, 2024, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  34. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 12/09/2024 Time: 10:30 AM
  35. oint Motion to Continue Case Management Conference, filed and ALLOWED. Conference Continued to February 3, 2025 at 10:30 am. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  36. vent Resulted: Status Conference scheduled on: 12/09/2024 10:30 AM Has been: Continued For the following reason: Request of all Parties Hon. Diane R. Rubin, Presiding
  37. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/03/2025 Time: 10:30 AM Counsel notified via email.
  38. tipulation of Dismissal, filed.
  39. vent Resulted: Status Conference scheduled on: 02/03/2025 10:30 AM Has been: Canceled For the following reason: Case Closed Hon. Diane R. Rubin, Presiding

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