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Case Information
Filed
2022-08-12
Status
Closed
Type
Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket
36 entries
Disposition
judgment entered
Parties
Plaintiff
Karen B. Daukus, Attorney In Fact For Barbara E. Waud, As Personal Represnetative Of The Estate Of Douglas R. Waud
Defendant
E.a. Cox Construction Corp, A/k/a E.a. Construction Corp.
Lawyers
Docket Entries
- Default Judgment entered. (Copies emailed to Attorneys Gordon Meyer) Judge: Rubin, Hon. Diane R.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 433253 Date: 08/12/2022
- Land Court surcharge Receipt: 433253 Date: 08/12/2022
- Land Court summons Receipt: 433253 Date: 08/12/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Gordon E Meyer, Esq. [email protected] Sent On: 08/18/2022 10:37:55
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 09/27/2022 Time: 10:30 AM
- Plaintiff's Statement, filed.
- Supplement to Plaintiff's Statement, filed.
- First Affidavit of Diligent Search of Plaintiff's Counsel Gordon E. Meyer, filed.
- General Durable Power of Attorney, filed.
- Summons returned to Court with service on E.A. Cox Construction Corp, a/k/a E.A. Construction Corp. filed. Served via Certified mail on September 19, 2022.
- Event Resulted: Case Management Conference scheduled on: 09/27/2022 10:30 AM Has been: Case management conference held via videoconference. Attorneys Gordon Meyer and Stephen Wiseman appeared on behalf of the Plaintiff. Court is in receipt of: Plaintiff's Statement; Supplement to Plaintiff's Statement; First Affidavit of Diligent Search of Plaintiff's Counsel Gordon E. Meyer; and General Durable Power of Attorney. By way of background, Attorney Wiseman advised that Plaintiff seeks to clear a title defect stemming from a 1976 deed to the property at 17 Lantern Lane, Shrewsbury (the "Property"), which was owned by E.A. Cox Construction Corp., but deeded out by Edward A. Cox, individually. Further, while the Property was held by E.A. Cox Construction Corp., the Massachusetts Secretary of State lists only E.A. Construction Corp. Court then discussed with Attorney Wiseman the efforts made to locate and serve the heirs of the late Edward A. Cox, former President of the defunct E.A. Cox Construction Corp. a/k/a E.A. Construction Corp., and inquired as to whether there are any other officers or shareholders of that corporation who may have an interest in the Property. Following colloquy and by November 4, 2022, counsel to file a Second Affidavit of Diligent Search and Motion to Publish for both the heirs of Edward A. Cox and any corporate interests, as may be appropriate. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/01/2023 Time: 09:30 AM Counsel notified via email.
- Plaintiff's Motion for Service by Publication and to Waive Additional Service, filed and ALLOWED. Publication to Issue. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- Second Affidavit of Diligent Search of Plaintiff's Counsel Stephen M. Wiseman, filed.
- Amended Complaint filed.
- Citation by publication in the Worcester Telegram, returnable 01/30/2023, issued.
- Summons returned to Court with service on Barbara A. Bourassa fka Barbara A. richard at the last and usual place of abode and by mailing first class mail on November 10, 2022.
- Summons returned to Court with service on Jeffrey D. Gilbert via Certified Mail on November 21, 2022.
- The Court is requiring additional service by publication to be issued in New Hampshire and will expedite to the extent practicable. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- Copy of the tearsheet as proof of publication, filed.
- Event Resulted: Status Conference scheduled on: 02/01/2023 09:30 AM Has been: Rescheduled to March 29, 2023 at 10:00 am. Hon. Diane R. Rubin, Presiding
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/29/2023 Time: 10:00 AM Counsel notified via email.
- Citation by publication in the Concord Monitor, returnable 03/20/2023, issued.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant E.A. Cox Construction Corp, a/k/a E.A. Construction Corp., filed.
- Plaintiff's Motion for Default Judgment pursuant to Mass. R. Civ. P. 55(b), filed.
- Memorandum in support of Plaintiff's Motion for Default Judgment, filed.
- Affidavit of Stephen M. Wiseman, Plaintiff's Counsel in Support of Plaintiff's Motion for Default Judgment, filed.
- Defendant E.A. Cox Construction Corp, a/k/a E.A. Construction Corp. defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- Event Resulted: Status Conference scheduled on: 03/29/2023 10:00 AM Has been: Canceled Hon. Diane R. Rubin, Presiding
- Withdrawal of Stephen Wiseman, Esq. for Karen B. Daukus, attorney-in-fact for Barbara E. Waud, as Personal Represnetative of the Estate of Douglas R. Waud, filed
- Upon review of the record, court requests that plaintiff's counsel clarify, by affidavit or some other filing, whether the attorney in fact for plaintiff should be spelled "Karen B. Daukus," as identified in the First Amended Verified Complaint or "Karen B. Daukas," as identified in the General Durable Power of Attorney, a copy of which was filed in this case on September 26, 2022. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- Affidavit of Gordon E. Meyer, filed.
- Counsel for Plaintiff has clarified in the Affidavit of Gordon E. Meyer that with respect to use of the name of Plaintiff "Karen B. Daukus," attorney in fact for Barbara E. Waud, as Trustee of the Douglas R. Waud Trust, as appearing in the case caption and in each filing in this matter, the record should be corrected to reflect the proper spelling of the attorney in fact's name as "Karen B. Daukas." Counsel notified via email. Judge: Rubin, Hon. Diane R.
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