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Case Information
Filed
2025-10-15
Status
Open
Type
Mrc Determine Validity Of Encumbrances, G.l. Chapter 240, 11 14
Docket
19 entries
Parties
Plaintiff
Roseney, Jean
Defendant
Jeannite, Daniel|Le, Van|Joseph, Vanessa
Lawyers
Docket Entries
- laintiff's Motion to Deny Dismissal under Mass. R. Civ. P. 12(b)(9), filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 464498 Date: 10/15/2025
- and Court surcharge Receipt: 464498 Date: 10/15/2025
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- mergency Motion for Temporary Restraining Order and Preliminary Injunction, filed.
- cheduled Judge: Rubin, Hon. Diane R. Event: Temporary Restraining Order Date: 10/15/2025 Time: 12:45 PM
- ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Rubin, Hon. Diane R. Event: Hearing on Preliminary Injunction Date: 10/20/2025 Time: 10:00 AM
- vent Resulted: Temporary Restraining Order scheduled on: 10/15/2025 12:45 PM Has been: Hearing on Plaintiff's Emergency Motion for Temporary Restraining Order held in person at the courthouse. Plaintiff Jean Roseney appeared pro se. Defendants did not appear. Court is in receipt of Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction. By way of background, Plaintiff seeks to enjoin the Defendant's sale of property located at 30-32 Temple Street, Mattapan (the "Property"), which is currently listed for sale. After brief hearing, the court determines the sale of the Property is not imminent, and accordingly, DENIES the Plaintiff's Emergency Motion for Temporary Restraining Order. Further, court to issue a Short Order of Notice for a hearing on Plaintiff's Motion for Preliminary Injunction, hearing is set for October 20, 2025, at 10:00A.M In-Person at the Land Court. Court notes that both Plaintiff and Defendant Daniel Jeannite are parties to another case involving this Property commenced in Suffolk Superior Court 19CV02066, wherein Judgment issued on January 9, 2025. Plaintiffs given in-hand service of both summons and allowance of Short Order at the courthouse. Hon. Diane R. Rubin, Presiding
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jean Roseney [email protected] Sent On: 10/16/2025 15:38:45
- ppearance of John Laughlin Fink, Esq. for Daniel Jeannite, filed
- ppearance of John N Cannavo, Esq. for Daniel Jeannite, filed
- ppearance of Matthew H Greene, Esq. for Van Le, filed
- ppearance of Alexander J Goodrich, Esq. for Van Le, filed
- efendant Van Le's Opposition to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction, filed.
- efendant Daniel Jeannite's Opposition to the Motion for Preliminary Injunction, filed.
- ummons returned to Court with service on Vanessa Joseph, Van Le, Daniel Jeannite filed. Served on Vanessa Joseph at the last and usual place of abode and by mailing first class mail on October 15, 2025. Served on Van Le IN HAND on October 16, 2025. Served on Daniel Jeannite by delivering IN HAND to Jodi Blaire - Paralegal, agent, person in charge at the time of service for John Cannavo, Esq., counsel for Mr. Jeannite on October 17, 2025.
- vent Resulted: Hearing on Preliminary Injunction scheduled on: 10/20/2025 10:00 AM Hearing on Plaintiff's Motion for Preliminary Injunction held in person at the courthouse. Plaintiff Jean Roseney appeared Pro se. Attorney John Fink appeared on behalf of the defendant, Daniel Jeannite. Attorney Alexander Goodrich appeared on behalf of the defendant, Van Le. Defendant Vanessa Joseph did not appear. Court is in receipt of Defendant Van Le's Opposition to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Defendant Daniel Jeannite's Opposition to the Motion for Preliminary Injunction. On October 15, 2025, the court denied plaintiff's ex parte motion for temporary restraining order because the court determined the sale of the Property was not imminent. Now before the court is Plaintiff's motion for preliminary injunctive relief. Following argument, court declines to issue a preliminary injunction because it appears that the court lacks jurisdiction to hear this case or afford the relief requested. Although the plaintiff did not file a complaint to commence this civil action as required by M.R.C.P. 3, he did file a Civil Action Cover Sheet, checking boxes for Discharge of Old Mortgage (G L. c. 240, 15), Determine Validity of Encumbrances (G.L c. 240 1-5), Trespass to Real Estate (G. L. c. 185 1(o)) and Other (specifically, "Action to Declare Deed"). In this context, court notes that the current land court case appears similar to another case currently pending in Suffolk Superior Court (Civil Action 1984CV02066), wherein a Decision issued on January 8, 2025 after trial and a Judgment issued on January 9, 2025. Contempt proceedings are underway in the Superior Court case according to the docket. Both cases involve property located at 30-32 Temple Street, Mattapan (the "Property"). The Superior Court Judgment directs, inter alia, that the parties thereto, Daniel Jeannite (a defendant in this case) and Jean Roseney (the plaintiff in this case) sell the Property by April 30, 2025. Attorney Fink advised that Plaintiff has taken an appeal pending of the Suffolk Superior Court decision, which is currently being briefed by the parties. Because of the similarities between this Land Court case and the Superior Court case, court orders plaintiff, by November 20, 2025, to show cause why this case should not be dismissed for lack of jurisdiction based on a prior pending action, pursuant to M.R.C.P. 12(b)(9). Based on the record now before the court, it appears that this land court case involves the same parties, the same property, the same evidence (specifically, a certain deed referenced by Plaintiff dated March 23, 2018 which was Trial Exhibit 21 in the Superior Court Case), and the same request for relief, namely, plaintiff's request that this court determine he is the rightful owner of the Property. Further, it appears that affording plaintiff the relief requested would run afoul of the Superior Court Judgment. Also by November 20, 2025, Plaintiff to file a Complaint to the extent he chooses to proceed with this case. By December 5, 2025, defendants to file any oppositions thereto. Court to decide this matter on the papers unless any party requests a hearing in writing. Hon. Diane R. Rubin, Presiding
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: John N Cannavo, Esq. [email protected] Defendant: John Laughlin Fink, Esq. [email protected] Defendant: Matthew H Greene, Esq. [email protected] Defendant: Alexander J Goodrich, Esq. [email protected] Plaintiff: Jean Roseney [email protected] Sent On: 10/21/2025 12:35:24
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