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Case Information
Filed
2022-09-21
Status
Closed
Type
Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
43 entries
Disposition
judgment entered
Parties
Plaintiff
Gifford, Andrew Thomas
Defendant
Michaud, Mary G.|Rothwell, Frances|Rothwell, John N.|Rothwell, Mark L.|Rothwell, Patrick|Heirs, Devisees Or Legal Representatives Of Lawrence F. Rothwell|Legal Representatives Of Ab, Or Such Persons As Shall Become Heirs, Devisees, Or Appointees Of Cd, A Living Person Or Persons Claiming Under Ab|Cashman, John F.
Lawyers
Docket Entries
- udgment entered. (Copies emailed to Attorneys Frederick Casavant, Gregory Fleming, and Michael Gerstein) Judge: Piper, Hon. Gordon H.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 434356 Date: 09/21/2022
- and Court surcharge Receipt: 434356 Date: 09/21/2022
- and Court summons Receipt: 434356 Date: 09/21/2022
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the A Track. Notice sent.
- vent Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 10/19/2022 Time: 12:15 PM
- oint Statement, filed.
- ummons returned to Court with service on Heirs, Devisees or Legal Representatives of Lawrence F. Rothwell filed. Service on Ernest J. Rothwell on October 4, 2022 at last and usual place of abode.
- ummons returned to Court with service on Frances Rothwell filed. Service on Defendant Frances Rothwell via certified mail on September 28, 2022 (out of state).
- ffidavit of Fredrick C. Casavant, Esq. as to Service Upon: (Defendant) Frances Rothwell, filed.
- vent Resulted: Case Management Conference scheduled on: 10/19/2022 12:15 PM Has been: Held via video Hon. Gordon H. Piper, Presiding
- otice of Docket Entry: October 19, 2022. Case management conference held via videoconference. Attorney Gregory Fleming appeared for the plaintiff. Plaintiff is the record owner of a property in Danvers, Massachusetts. The plaintiff brings claims to quiet title, for declaratory judgment, and for reformation of a mortgage on the property. Title to the property was originally in one Mary H. Rothwell. In 1996, Mary Rothwell, through her attorney-in-fact, Mary G. Michaud, executed a deed in favor of John Cashman. However, that deed does not follow the correct form for execution of a deed by the grantor's attorney in fact acting pursuant to a power of attorney. The court noted that, given the participation of an attorney in fact, the form of acknowledgment of the deed also appears incorrect, a claim the plaintiff has not pleaded expressly. Further, the court clarified that that any claim for reformation of the deed would appear under governing law to require naming the intervening owner, John Cashman, in the case. The court advised Attorney Fleming to consider expanding the pleadings to include any acknowledgment defect in the original deed, and to name John Cashman as a defendant if electing to move forward with the reformation claim. The court then discussed with counsel the identity and status of service upon heirs and descendants of Mary Rothwell, some of whom Attorney Fleming has identified and served. Attorney Fleming instructed to request service by publication against all unknown and unascertained heirs of Mary Rothwell, with accompanying affidavit of diligent search, on which the court will act once filed. Following return dates on all summonses and any published citation(s), plaintiff to request default enter under Mass. R. Civ. P. 55(a) against all parties not timely filing an answer or responsive pleading. Upon entry of default, plaintiff to file motion pursuant to Mass. R. Civ. P. 55(b)(2) for default judgment. If a hearing is held on such motion, counsel to provide fourteen-days' notice of the default judgment hearing to those defendants who had been actually served and have not assented to the requested judgment. The motion for judgment is to be accompanied by appropriate evidentiary support in the form of affidavit(s), and a memorandum providing sufficient legal argument, to demonstrate entitlement to the requested relief, and is to be accompanied by a draft proposed form of default judgment. Alternatively, if any additional party appears or answers, parties promptly to request, in writing, further case management conference. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically and by mailing of hard copies to the court, with indication that electronic filings were made simultaneously. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Gregory Jon Fleming, Esq. [email protected]
- ummons returned to Court with service on Mark L. Rothwell filed. Service made on October 5, 2022 by leaving a copy of the summons, complaint and civil action sheet at the last and usual place of abode and by first class mail to the same address on October 6, 2022.
- ummons returned to Court with service on Mary G. Michaud filed. Service made on October 4, 2022 by leaving a copy of the summons, complaint and civil action sheet at the last and usual place of abode and by first class mail to the same address on October 5, 2022.
- ummons returned to Court with service on John N. Rothwell filed. Service made on October 5, 2022 by leaving a copy of the summons, complaint and civil action sheet at the last and usual place of abode and by first class mail to the same address on October 6, 2022.
- ffidavit of Fredrick C. Casavant, Esq. as to Service Upon Patrick Rothwell, filed.
- ummons returned to Court with service on Patrick Rothwell filed. (as detailed in Affidavit of Fredrick Casavant, Esq.)
- mended Verified Complaint, filed.
- ummons returned to Court with service on Frances Rothwell filed. See Affidavit of Fredrick Casavant: service made by mailing a copy of the summons and complaint on November 8, 2022 with return receipt received.
- Proposed) Second Amended Complaint, filed.
- ppearance of Michael A Gerstein, Esq. for John F. Cashman, filed
- ssent of Defendant John F. Cashman, filed.
- otice of Docket Entry: February 6, 2023. The court is in receipt of the plaintiff's Proposed Second Amended Complaint, which appears to add Raymond Maher as a defendant in this case. The proposed amended complaint was filed without any motion. Treating the Proposed Second Amended Complaint as a request for the court to grant leave to file the same, which request is required under Mass. R. Civ. P. 15(a), leave to file and serve the second amended complaint is granted. Plaintiff is to file promptly its Second Amended Complaint with the court, and to complete service on all defendants as required under the rules of procedure. Plaintiff also instructed to file a motion requesting alternative service by publication against all unknown and unascertained heirs and successors of Mary Rothwell, with accompanying affidavit showing diligent search and reasonable efforts undertaken to identify, locate, and directly serve all of those heirs and successors; the court will act on those submissions after they are filed. Following return dates on all summonses and any published citation(s), plaintiff to request default under Mass. R. Civ. P. 55(a) against all parties not timely filing an answer or responsive pleading. Upon entry of default, plaintiff to file motion pursuant to Mass. R. Civ. P. 55(b)(2) for default judgment. If a hearing is held on such motion, counsel to provide fourteen-days' notice of the default judgment hearing to those defendants who had been actually served and have not assented to the requested judgment. The motion for default judgment is to be accompanied by appropriate evidentiary support in the form of affidavit(s), a memorandum providing sufficient legal argument to demonstrate entitlement to the requested relief, and is to be accompanied by a draft proposed form of default judgment. Alternatively, if any additional party appears or answers, parties to promptly request, in writing, further case management conference. (Piper, C.J.). Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Gregory Jon Fleming, Esq. [email protected] Defendant: Michael A Gerstein, Esq. [email protected] Sent On: 02/08/2023 15:07:50
- ssented-to Motion to Amend Complaint and proposed Third Amended Complaint, filed.
- hird Amended Complaint, filed.
- otice of Docket Entry: May 10, 2023. Assented-to Motion to Amend Second Amended Complaint (and Proposed Third Amended Complaint) filed on February 13, 2023: ALLOWED. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Gregory Jon Fleming, Esq. [email protected] Defendant: Michael A Gerstein, Esq. [email protected] Sent On: 05/10/2023 10:18:26
- ummons returned to the Court with service on Defendant Raymond Mahar, III, filed. Service made on May 17, 2023 by leaving a copy pf the summons, complaint and notice of case management conference at the defendant's last and usual place of abode.
- otion for Service by Publication, filed.
- ffidavit of Diligent Search in support of Motion for Service by Publication, filed.
- otice of Docket Entry: July 10, 2023. Motion for Alternative Service by Publication: ALLOWED. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Gregory Jon Fleming, Esq. [email protected] Defendant: Michael A Gerstein, Esq. [email protected] Sent On: 07/10/2023 11:37:11
- itation by publication in the Boston Globe/Herald or Mass Law.Wkly, returnable 08/21/2023, issued. (emailed and mailed to: Frederick C Casavant, IV, Esq. [email protected]; Gregory Jon Fleming, Esq. [email protected]; Michael A Gerstein, Esq. [email protected])
- otion of Michael A Gerstein, Esq. to Withdraw Appearance for John F. Cashman filed.
- ffidavit of Fredrick C. Casavant, Esq. as to Service by Publication (with tearsheet), filed.
- otice of Docket Entry: July 21, 2023. The motion of Attorney Michael A. Gerstein, filed July 17, 2023, seeking leave under Mass. R. Civ. P. 11 to withdraw counsel's appearance on behalf of John F. Cashman, is ALLOWED CONDITIONALLY. The allowance of the motion is conditioned on (1) the filing and service by Mr. Cashman of a written appearance, supplying the court and other parties with his name, address, phone and email contact information, all to be noted on the docket, and (2) the filing of an affirmation by Attorney Gerstein that he has communicated with Mr. Cashman and that Mr. Cashman assents to the withdrawal, is prepared to represent himself in this proceeding, and understands that Mr. Cashman appreciates that he is responsible in all respects for representation of himself in this matter. Upon filing of Mr. Cashman's appearance and Mr. Gerstein's affirmation, Mr. Gerstein's withdrawal will become effective. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Frederick C Casavant, IV, Esq. [email protected] Plaintiff: Gregory Jon Fleming, Esq. [email protected] Defendant: Michael A Gerstein, Esq. [email protected] Sent On: 07/24/2023 15:00:34
- equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Mary G. Michaud, John N. Rothwell, Mark L. Rothwell, Patrick Rothwell, Heirs, Devisees or Legal Representatives of Lawrence F. Rothwell, Legal Representatives of AB, or Such Persons as Shall Become Heirs, Devisees, or Appointees of CD, a Living Person or Persons Claiming Under AB, filed.
- efendant Ernest J. Rothwell and Defendant Raymond Mahar, III defaulted pursuant to Mass R.Civ. P. 55(a) Judge: Patterson, Deborah J.
- efendant Mary G. Michaud, Frances Rothwell, John N. Rothwell, Mark L. Rothwell, Patrick Rothwell, Heirs, Devisees or Legal Representatives of Lawrence F. Rothwell, Legal Representatives of AB, or Such Persons as Shall Become Heirs, Devisees, or Appointees of CD, a Living Person or Persons Claiming Under AB defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- laintiff's Motion for Default Judgment, filed.
- emorandum in Support of Motion for Default Judgment, filed.
- ilitary Affidavit (in support of Motion for Default Judgment), filed.
- roposed Judgment, filed.
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