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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-11
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 128 entries

Parties

Plaintiff Simon, John
Defendant Dagoumas, Linda

Lawyers

Docket Entries

  1. Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433208 Date: 08/11/2022
  4. Land Court surcharge Receipt: 433208 Date: 08/11/2022
  5. Land Court summons Receipt: 433208 Date: 08/11/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 10/12/2022 Time: 09:00 AM
  8. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Sent On: 08/29/2022 14:37:12
  9. Stipulation to Extend Time for Defendant to Respond to Plaintiff's Complaint, filed
  10. Summons returned to Court with service on Linda Dagoumas filed.
  11. Answer of Defendant Linda Dagoumas,filed
  12. Parties Joint Statement for October 12, 2022 Case Management Conference, filed.
  13. Event Resulted: Case Management Conference scheduled on: 10/12/2022 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding "October 12, 2022. Case Management Conference held by remote video conference. Attorneys Jason Carter and Thomas Flannagan appeared. This case is based on a dispute over who owns a property. The parties report that the plaintiff currently resides at the property and pays the mortgage and all expenses, and the deed is solely in the defendant's name. The parties are referred to mandatory ADR screening with REBA. Parties to provide a joint status report via email on November 14, 2022 on the status of the ADR screening and settlement. Discovery open. Discovery to close on April 14, 2023. Status Conference set down for April 14, 2023 at 9:00 AM via Zoom."
  14. ADR referral to REBA Dispute Resolution, Inc. issued. Judge: Foster, Hon. Robert B.
  15. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 04/14/2023 Time: 09:00 AM
  16. Parties Joint Report Regarding Status of Mediation, filed.
  17. Defendant' Motion for Preliminary Injunction to Require Plaintiff to Pay Carrying Costs for Subject Property, filed.
  18. Memorandum in Support of Defendant' Motion for Preliminary Injunction to Require Plaintiff to Pay Carrying Costs for Subject Property, filed.
  19. Request for Hearing on Defendant's Motion for Preliminary Injunction to Require Plaintiff to Pay Carrying Costs for Subject Property" , filed.
  20. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/16/2023 Time: 02:00 PM
  21. Event Resulted: Status Conference scheduled on: 03/16/2023 02:00 PM Has been: Canceled Hon. Robert B. Foster, Presiding
  22. Hearing Notice issued on Application for Preliminary Injunction. Judge: Foster, Hon. Robert B. Event: Hearing on Preliminary Injunction Date: 03/21/2023 Time: 09:30 AM
  23. Event Resulted: Hearing on Preliminary Injunction scheduled on: 03/21/2023 09:30 AM Has been: Continued Hon. Robert B. Foster, Presiding
  24. Hearing Notice issued on Application for Preliminary Injunction. Judge: Foster, Hon. Robert B. Event: Hearing on Preliminary Injunction Date: 03/22/2023 Time: 10:00 AM
  25. Event Resulted: Hearing on Preliminary Injunction scheduled on: 03/22/2023 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding March 22, 2023. Hearing held by Zoom. Attorneys Jason Carter and Thomas Flannagan appeared. Defendant's Motion for Preliminary Injunction heard. Attorneys Carter and Flannagan report that both parties wish to sell the property. Parties to confer and attempt to reach an agreement to vacate and sell the property. Parties to submit a joint report on the status of any agreement to sell by March 24, 2023. If no agreement is reached, court to enter an order on payment of the mortgage by March 24, 2023. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  26. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 03/23/2023 09:18:31
  27. Preliminary Injunction, issued. (Copies emailed to Attorneys Jason Carter and Thomas Flannagan) Judge: Foster, Hon. Robert B.
  28. Cost of Issuance of TRO/PI Receipt: 439525 Date: 03/28/2023
  29. Verified Complaint for Contempt, filed.
  30. Request for Issuance of Contempt Summons, filed.
  31. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Foster, Hon. Robert B. Event: Hearing on Complaint for Contempt Date: 04/05/2023 Time: 02:30 PM
  32. Event Resulted: Hearing on Complaint for Contempt scheduled on: 04/05/2023 02:30 PM Has been: Held via video Hon. Robert B. Foster, Presiding
  33. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 04/06/2023 09:33:19
  34. Event Resulted: Status Conference scheduled on: 04/14/2023 09:00 AM Has been: Canceled Hon. Robert B. Foster, Presiding
  35. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Foster, Hon. Robert B. Event: Hearing on Complaint for Contempt Date: 04/20/2023 Time: 09:00 AM
  36. Event Resulted: Hearing on Complaint for Contempt scheduled on: 04/20/2023 09:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  37. Contempt Trial Exhibits, filed. (Verified Complaint, Preliminary Injunction dated March 23, 2023, Mortgage Statement with Due Date of March 1, 2023, Mortgage Statement with Due Date of April 1, 2023, Mortgage Statement with due date of May 1, 2023)
  38. Defendant Dagoumas and lender Email Exchange, filed.
  39. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Foster, Hon. Robert B. Event: Hearing on Complaint for Contempt Date: 04/21/2023 Time: 11:00 AM
  40. Event Resulted: Hearing on Complaint for Contempt scheduled on: 04/21/2023 11:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  41. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Foster, Hon. Robert B. Event: Hearing on Complaint for Contempt Date: 04/26/2023 Time: 10:00 AM
  42. Event Resulted: Hearing on Complaint for Contempt scheduled on: 04/26/2023 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 26, 2023. Evidentiary hearing on complaint for civil contempt held by Zoom. Attorneys Jason Carter and Thomas Flannagan appeared. John Simon sworn. Testimony heard from John Simon. It is undisputed that Mr. Simon, through his attorney, agreed at the October 12, 2022, case management conference that he would continue to make monthly mortgage payments, and would come back to court if he wished to change that agreement. It is further undisputed that Mr. Simon did not make any such payments, that he was aware of the motion for preliminary injunction and attended the March 22, 2023, hearing on the motion, and that he was aware of the Preliminary Injunction issued March 24, 2023. Finally, it is undisputed that Mr. Simon did not make the payment on March 27, 2023, as ordered under the Preliminary Injunction. Based on this evidence, the court finds that Mr. Simon was subject to clear and unambiguous orders of the court and clearly and unambiguously disobeyed those orders, without seeking leave of court. Mr. Simon testified that he did not have the financial means to make the ordered payments. The court notes that the inability to pay may excuse Mr. Simon from his obligations under the October 12 commitment and the Preliminary Injunction. Mr. Simon shall produce financial records to Ms. Degoumas supporting his testimony that he was unable to make the payments. Finally, based on his testimony that going forward he is able to make some payments, Mr. Simon is ordered to contribute to the payments under the repayment plan that Ms. Degoumas has negotiated with the lender. Mr. Simon and Ms. Degoumas are instructed to reach an agreement on their respective contributions to the repayment plan. Mr. Simon also stated that he intends to move out of the subject property in June 2023, after which the parties have agreed to place the property on the market and have agreed to a broker. A zoom status conference is set down for May 12, 2023, at 9:00 am, at which the parties will report on any agreement and on the status of the production of financial records. If necessary, the court will at that conference set down a further evidentiary hearing date. (Notice of docket entry sent via email to all parties / counsel of record)
  43. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 05/12/2023 Time: 09:00 AM
  44. Event Resulted: Status Conference scheduled on: 05/12/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 12, 2023. Status conference held by Zoom. Attorneys Jason Carter and Thomas Flannagan appeared. The parties have not reached an agreement on payments moving forward. Mr. Simon has not produced documents supporting his inability to pay. Plaintiff will vacate the property by June 1, 2023. Attorneys Carter and Flannagan to confer on plan for removal of plaintiff's personal property. Parties to submit a joint status report by May 19, 2023. Plaintiff to produce documents pertaining to Mr. Simon's inability to pay by June 2, 2023. Continued contempt hearing set down for June 13, 2023 at 9:30 AM by Zoom. (Notice of docket entry sent via masscourts & email to all parties / counsel of record)
  45. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Foster, Hon. Robert B. Event: Hearing on Complaint for Contempt Date: 06/15/2023 Time: 11:30 AM
  46. Status Report, filed. Please accept this email as the parties' status report as required by the Court's order during the recent status conference. The parties report as follows: - Counsel have agreed that the real estate broker and counsel for the parties will conduct the initial walkthrough on a date shortly after the June 1 deadline for Mr. Simon to vacate the property. - Mr. Simon has not yet deposited the necessary funds into Ms. Dagoumas's account so that she may make the May mortgage payment plan payment on time. However, Plaintiff's counsel has informed Defendant's counsel that the deposit of monies will take place on Monday, May 22, 2023. - Counsel have discussed the issue regarding removal of all of the personal property from the premises when Mr. Simon vacates same. The parties have not yet resolved this issue but counsel continue to discuss same. Thomas J. Flannagan, Esq.
  47. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Foster, Hon. Robert B. Event: Hearing on Complaint for Contempt Date: 06/13/2023 Time: 09:30 AM
  48. Event Resulted: Hearing on Complaint for Contempt scheduled on: 06/13/2023 09:30 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  49. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Foster, Hon. Robert B. Event: Hearing on Complaint for Contempt Date: 06/15/2023 Time: 12:00 PM
  50. Motion in Limine to Preclude Plaintiff from Presenting Evidence of an Alleged Inability to Pay, filed.
  51. Application for Entry of Judgment of Dismissal With Prejudice, filed.
  52. Event Resulted: Hearing on Complaint for Contempt scheduled on: 06/15/2023 12:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding June 15, 2023. Hearing on complaint for contempt held by Zoom. Attorneys Jason Carter and Thomas Flannagan appeared. Plaintiff has moved out of property. Plaintiff ordered to pay $128.83 owed to Defendant by June 22, 2023. The Motion in Limine to Preclude Plaintiff from Presenting Evidence of an Alleged Inability to Pay is ALLOWED in part and DENIED in part. Plaintiff will produce financial records by June 22, 2023. If financial records are not produced, that will justify an inference against Plaintiff's testimony. Defendant's Rule 33(a) application DENIED. Plaintiff will respond to Defendant's request for admission, request for production of documents, and interrogatories by June 22, 2023. Responses to requests for admission will be made without prejudice to defendant's claiming that the requests are deemed admitted due to failure to timely respond. Parties to confer and produce a stipulation so the property can be conveyed. If sale occurs prior to resolution, Attorney Flannagan to hold the funds from sale in escrow until a decision is made. Attorney Flannagan to draft an agreement regarding the proceeds while the parties await resolution. Defendant entitled to immediate disbursement of costs incurred preparing the property for sale, after accounting from defendant and response from plaintiff. Contempt trial continued to June 30, 2023 at 2:30 PM by Zoom. (Notice of docket entry sent via email to all parties / counsel of record)
  53. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Foster, Hon. Robert B. Event: Hearing on Complaint for Contempt Date: 06/30/2023 Time: 02:30 PM
  54. Defendant's Renewed Application for Entry of Final Judgment of Dismissal with Prejudice, filed.
  55. Defendant's Motion to Have Requested Admissions Deeded Admitted, filed.
  56. Defendant's Renewed Motion in Limine to Preclude Plaintiff from Presenting Evidence of an Alleged Inability to Pay, filed.
  57. Notice of Docket Entry: Pursuant to communications from counsel, the deadline for providing documents and discovery responses is extended to July 5, 2023. The hearing set down for June 30, 2023 is continued to July 24, 2023 at 2:30 pm by zoom. (Notice of docket entry sent via masscourts & email to all parties / counsel of record) Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 06/30/2023 12:38:07
  58. Event Resulted: Hearing on Complaint for Contempt scheduled on: 06/30/2023 02:30 PM Has been: Continued Hon. Robert B. Foster, Presiding
  59. Scheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 07/24/2023 Time: 02:30 PM
  60. Event Resulted: Hearing scheduled on: 07/24/2023 02:30 PM Has been: Continued Hon. Robert B. Foster, Presiding
  61. Scheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 07/24/2023 Time: 12:00 PM
  62. Defendant's Second Renewed Application for Entry of Final Judgment of Dismissal With Prejudice, filed.
  63. Event Resulted: Hearing scheduled on: 07/24/2023 12:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding July 24, 2023. Hearing on complaint for contempt held by Zoom. Attorneys Jason Carter and Thomas Flannagan appeared. Attorney Carter to file and serve fully executed answers to interrogatories and responses to request for admissions by close of business today, 5:00 PM on July 24, 2023, with Attorney Flannagan and the court. If Attorney Carter does not file, Attorney Flannagan's motion pursuant to rule 33(A) and motion to deem admitted requests for admission will be taken under advisement. Plaintiff is ORDERED to pay defendant's attorneys' fees for attorney's appearance at this conference. Attorney Flannagan to file a fee affidavit; attorney Carter shall have seven days to respond to the fee affidavit. Discovery is open. Attorney Carter to file a brief on Mr. Simon's ability to pay by August 11, 2023, with attached bank records redacted for personal and account number information. Attorney Flannagan to file his opposition by August 18, 2023, after which the contempt complaint will be taken under advisement without further hearing. Discovery to close October 6, 2023. Status conference set down for October 10, 2023 at 10:15 am by zoom.
  64. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 07/25/2023 10:59:58
  65. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/10/2023 Time: 10:15 AM
  66. Affidavit of Thomas Flannagan, filed.
  67. Order Awarding Attorney's Fees, issued. (Copies emailed to Attorneys Jason Carter and Thomas Flannagan) Judge: Foster, Hon. Robert B.
  68. Defendants Memorandum Regarding Plaintiff's Alleged Inability to Play, filed.
  69. Request of Defendant Linda Dagoumas for Approval and Payment to Defendant of Property Sale Preparation Expenses, Per Court's Order of June 15, 2023, filed.
  70. Status Report of Defendant Linda Dagoumas Regarding Sale of Subject Real Estate, filed.
  71. Notice of Docket Entry: Response to Request of Defendant Linda Dagoumas for Approval and Payment to Defendant of Property Sale Expenses to be filed by October 3, 2023. As the statement of expenses was provided to counsel on September 11, 2023 and the Request was filed on September 18, 2023, no continuances of the October 3, 2023 due date will be allowed. Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 09/26/2023 13:21:02
  72. Event Resulted: Status Conference scheduled on: 10/10/2023 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 10, 2023. Status Conference held by Zoom. Attorneys Jason W. Carter and Thomas J. Flannagan appeared. Subject property was sold, and defendant's counsel is currently holding the net proceeds in the amount of $518,649.20. Parties are preparing an escrow agreement, and will report to the court on the status of the escrow agreement by October 17, 2023. Without opposition, the defendant's Request for Reimbursement is APPROVED in the amount of $31,901.09. Defendant may be reimbursed immediately from the proceeds of the sale of the subject property. Parties to make final submissions on contempt proceeding by October 17, 2023, including requested relief. Parties will discuss arrangements for deposition of plaintiff. Status conference is set down for December 12, 2023 at 9:00 am by Zoom.
  73. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 12/12/2023 Time: 09:00 AM
  74. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 10/16/2023 10:09:57
  75. Defendant / Contempt Plaintiff Linda Dagoumas's Proposed Findings of Fact and Conclusion of Law, filed.
  76. Report, filed.
  77. Notice of Docket Entry: Status Report received and reviewed. A further status report on the status of the escrow agreement is due on October 31, 2023. Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 10/17/2023 15:16:20
  78. Status Further Report of Defendant Linda Dagoumas Regarding Escrow Agreement, filed.
  79. Event Resulted: Status Conference scheduled on: 12/12/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding December 12, 2023. Status conference held by Zoom. Attorneys Jason W. Carter and Thomas J. Flannagan appeared. With assent of all parties, the proposed escrow agreement is APPROVED. Counsel for plaintiff to provide written assent to escrow agreement by December 15, 2023. Parties to discuss dates for responses to discovery requests and plaintiff's deposition. Status conference is set down for January 11, 2024 at 11:00 am by Zoom.
  80. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 01/11/2024 Time: 11:00 AM
  81. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 12/12/2023 14:56:10
  82. Event Resulted: Status Conference scheduled on: 01/11/2024 11:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 11, 2024. Status Conference held by Zoom. Attorneys Jason W. Carter and Thomas J. Flannagan appeared. Escrow agreement has been signed by plaintiff. Attorney Carter reports that co-counsel for plaintiff will enter his appearance today, and that plaintiff's deposition has been re-noticed for February 12, 2024. Status conference is set down for February 13, 2024 at 9:15 am by Zoom.
  83. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/13/2024 Time: 09:15 AM
  84. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 01/12/2024 09:46:48
  85. Event Resulted: Status Conference scheduled on: 02/13/2024 09:15 AM Has been: Rescheduled For the following reason: Inclement Weather Hon. Robert B. Foster, Presiding
  86. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 02/12/2024 14:56:22
  87. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 02/29/2024 Time: 09:15 AM
  88. Event Resulted: Status Conference scheduled on: 02/29/2024 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding February 29, 2024. Status Conference held by Zoom. Attorneys Jason W. Carter and Thomas J. Flannagan appeared. Parties report that deposition of plaintiff has been completed. Over objection of defendant, plaintiff will be allowed to take defendant's deposition after close of discovery. Defendant's deposition will be taken remotely, take no longer than three hours, and will be completed no later than March 14, 2024. No further discovery is permitted. Defendant's Motion for Summary Judgment Flannagan due on May 1, 2024. Opposition due on May 31, 2024 and reply due June 14, 2024. The hearing on the Motion for Summary Judgment will be heard at 10AM in person at the Courthouse on June 28 2024. (Foster J.).
  89. Scheduled Judge: Foster, Hon. Robert B. Event: Summary Judgment Hearing Date: 06/28/2024 Time: 10:00 AM
  90. Defendant Linda Dagoumas's Motion for Summary Judgment, filed.
  91. Memorandum of Law in Support of Defendant Linda Dagoumas's Motion for Summary Judgment, filed.
  92. Statement of Material Facts as to which there is no Genuine Issue to be Tried in Support of Defendant Linda Dagoumas's Motion for Summary Judgment, filed.
  93. Appendix of Summary Judgment Exhibits, filed. (Courtesy Copy received on May 6, 2024)
  94. Event Resulted: Summary Judgment Hearing scheduled on: 06/28/2024 10:00 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  95. Scheduled Judge: Foster, Hon. Robert B. Event: Summary Judgment Hearing Date: 06/27/2024 Time: 10:00 AM
  96. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/11/2024 Time: 09:30 AM
  97. Event Resulted: Status Conference scheduled on: 06/11/2024 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 11, 2024. Status Conference held by Zoom. Attorneys Jason W. Carter and Thomas J. Flannagan appeared. The Defendant has filed their Motion for Summary Judgment on May 1, 2024. Per the Court order dated February 29, 2024, any opposition was to be filed by May 31, 2024. To this date no said opposition has been filed. Attorney Carter on behalf of the Plaintiff has reported to the Court medical issues has kept him from filing on time. The Plaintiff is therefore DIRECTED to file his opposition to by June 14, 2024, along with a Motion to Impound and an Affidavit regarding the medical issues. Reply to the opposition will be due June 26, 2024. The hearing on the Motion for Summary Judgment will remain on June 27, 2024, at 10:00AM in person at the Courthouse in Boston. The parties will confer regarding a disbursement to Ms. Dagoumas for the payment of capital gains taxes on the sale of the property. (Foster, J.)
  98. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 06/11/2024 12:34:16
  99. Statement of Material Facts, filed.
  100. Defendant's Reply to Plaintiff's Opposition to the Defendant's Motion for Summary Judgment, filed.
  101. Plaintiff John Simon's Opposition to Defendant's Motion for Summary Judgment, filed.
  102. Memorandum of Law in Support of Opposition to Defendant's Motion for Summary Judgment, filed.
  103. Motion to Impound, filed.
  104. Linda Dagoumas's United States Bankruptcy Court (District of Massachusetts) Petition, filed.
  105. Event Resulted: Summary Judgment Hearing scheduled on: 06/27/2024 09:30 AM Has been: Held in person Hon. Robert B. Foster, Presiding June 27, 2024. Hearing on Motion for Summary Judgment held in person at the Courthouse in Boston. Attorneys Jason W. Carter and Thomas J. Flannagan appeared. Argument heard. The Court requests the Plaintiff to provide a copy of the defendant's bankruptcy petition. The Court has taken this motion under advisement. (Foster, J.)
  106. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 06/27/2024 15:33:46
  107. Case taken under advisement.
  108. ORDER PURSUANT TO UNIFORM RULES ON IMPOUNDMENT PROCEDURE, RULE 8, issued. (Copies emailed to Attorneys Jason Carter and Thomas Flannagan) Judge: Foster, Hon. Robert B.
  109. Motion of Defendant Linda Dagoumas for Reimbursement from Escrowed Funds of Capiptal Gains Taxes paid by her as a result of Sale of Subject Property, filed.
  110. Scheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 11/08/2024 Time: 02:45 PM
  111. Event Resulted: Motion scheduled on: 11/08/2024 02:45 PM Has been: Held via video Hon. Robert B. Foster, Presiding November 8, 2024. Hearing Motion of Defendant Linda Dagoumas for Reimbursement from Escrowed Funds of Capital Gains Taxes paid by her as a result of Sale of Subject Property held by Zoom. Attorneys Jason Carter and Thomas Flannagan appeared. After arguments, the Motion is ALLOWED. It is ORDERED that defendant Linda Dagoumas shall be reimbursed $62,142 from the escrow account from the sale of the property. (Foster, J.)
  112. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 11/13/2024 13:36:56
  113. Decision on Complaint for Contempt, issued. (Copies emailed to Attorneys Jason Carter and Thomas Flannagan) Judge: Foster, Hon. Robert B.
  114. Memorandum and Order Allowing in Part and Denying in Part Defendant's Motion for Summary Judgment, issued. (Copies emailed to Attorneys Jason Carter and Thomas Flannagan) Judge: Foster, Hon. Robert B.
  115. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 04/29/2025 Time: 11:45 AM
  116. Affidavit of Thomas J. Flannagan. Esq., filed.
  117. Event Resulted: Status Conference scheduled on: 04/29/2025 11:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 29, 2025. Status Conference held via Zoom. Attorneys Jason Carter and Thomas Flannagan appeared. The parties are receipt of the Memorandum and Order Allowing in Part and Denying in Part Defendant's Motion for Summary Judgment and Decision on Complaint for Contempt. In accordance to the Decision on the Contempt Complaint, the plaintiff shall have until the close of business on April 30, 2025 to submit their response to the Affidavit of Thomas J. Flannagan and upon receipt, the court shall issue its order on fees and judgment on the contempt complaint. The remaining claim left in this matter is Count 1, the plaintiff's unjust enrichment claim. Discovery is reopened and set to close on June 30, 2025. Plaintiff may only serve a request for production of documents and take the deposition of the defendant, not to exceed one day. No further extensions of discovery will be allowed. A status conference is set down for July 1, 2025 at 11:00am by Zoom to discuss how to proceed in this matter. (Foster, J.)
  118. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 04/30/2025 10:03:36 Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 04/30/2025 10:03:42
  119. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/01/2025 Time: 11:00 AM
  120. Opposition to Defendant's Motion for Attorney Fees, filed.
  121. Defendant's Reply to Plaintiff's Opposition to Defendant's Counsel's Affidavit of Fees, filed.
  122. Order Awarding Attorneys' Fees, issued. (Copies emailed to Attorneys Jason Carter and Thomas Flannagan) Judge: Foster, Hon. Robert B.
  123. Judgment on Complaint for Contempt, issued. (Copies emailed to Attorneys Jason Carter and Thomas Flannagan) Judge: Foster, Hon. Robert B.
  124. Event Resulted: Status Conference scheduled on: 07/01/2025 11:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 1, 2025. Status Conference held via Zoom. Attorneys Jason Carter and Thomas Flannagan appeared. The defendant reports they received plaintiff's request for production of documents yesterday. The plaintiff is not taking any further depositions. Discovery is complete. The defendant may respond to the request for production of documents within 30 days as provided for in Mass. R. Civ. P. 34. A pre-trial conference is set down for September 10, 2025, at 9:30am by Zoom. Notice of pre-trial conference to issue. (Foster, J.)
  125. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jason W Carter, Esq. [email protected] Defendant: Thomas J Flannagan, Esq. [email protected] Sent On: 07/01/2025 16:20:01
  126. Scheduled Judge: Foster, Hon. Robert B. Event: Pre-Trial Conference Date: 09/10/2025 Time: 09:30 AM
  127. Stipulation of Dismissal and Satisfaction of Judgment on Contempt, filed.
  128. Event Resulted: Pre-Trial Conference scheduled on: 09/10/2025 09:30 AM Has been: Canceled For the following reason: Case Closed Hon. Robert B. Foster, Presiding

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The free view above tells you who’s in the room. The detailed reports below show how the room tends to behave — using the same public records lawyers quietly rely on before every hearing.

  • Judge Report

    How this judge has ruled in cases like yours — case mix, motion outcomes, and historical docket. Judges set the floor of what’s possible in your courtroom.

  • Attorney vs Judge Report

    Everything in the Judge Report, plus how your attorney has actually performed in front of this judge. Attorneys move you off the floor — or don’t.

One-time payment, no subscription. Reports describe past public court activity — they don’t predict outcomes and they aren’t legal advice.

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