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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-18
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 55 entries

Parties

Plaintiff Zackular, Melissa
Defendant Doron, Michael

Lawyers

Docket Entries

  1. Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433397 Date: 08/18/2022
  4. Land Court surcharge Receipt: 433397 Date: 08/18/2022
  5. Land Court summons Receipt: 433397 Date: 08/18/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Sent On: 08/29/2022 08:00:09
  8. The Court has reviewed Ms. Zackular's complaint for partition. The Court ORDERS the parties to appear for a telephonic case-management conference on September 19, 2022, at 10:00 AM. A separate notice of case-management conference will issue. The Court ORDERS Ms. Zackular to serve Mr. Doron promptly with a copy of this order and the conference notice. The Court ORDERS the parties to include in their joint conference memorandum a discussion of (a) whether there are mortgages on their jointly owned property (and if so, which of the parties makes payments on those mortgages, whether both parties agree to have that payment arrangement continue while this case is pending, and whether the mortgages are in good standing); (b) whether the property is insured (and if so, which of the parties makes the premium payments, whether both parties agree to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (c) which of the parties is paying the property's real-estate taxes, whether the property's taxes are paid to date, and whether both parties agree to have that payment arrangement continue while this case is pending: (d) whether either of the parties occupies the property; and (e) whether the property has any third-party tenants (and if so, which of the parties collects rents, which of the parties pays any expenses of the tenancy, and whether the other party agrees to have those arrangements continue while this case is pending). The Court further ORDERS Ms. Zackular to file with the Sessions Clerk, by September 9, 2022, an as-recorded copy of the notice described in G.L. c. 241, sec. 7. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Sent On: 08/29/2022 08:01:41
  9. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 09/19/2022 Time: 10:00 AM
  10. Affidavit of Recording Notice Pursuant to G. L. c. 241, 7, filed.
  11. Summons returned to Court with service on Michael Doron filed.
  12. Statement of Petitioner/Plaintiff for Case Management Conference, filed.
  13. Event Resulted: Case Management Conference scheduled on: 09/19/2022 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  14. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  15. Telephonic case management conference and initial intervention event held. Petitioner Melissa Zackular appeared through counsel. No other parties appeared. Ms. Zackular is seeking either a partition by sale or to have Mr. Doron purchase her one-half ownership of a jointly owned residence in Saugus. After hearing from Ms. Zackular, the Court ORDERS the parties to file by October 14, 2022, a joint report stating either (1) the parties have agreed to settle and are finalizing settlement; or (2) the parties have not yet agreed to a settlement at this time, or believe settlement is unlikely. The Court further ORDERS Ms. Zackular to promptly serve Mr. Doran with notice of this docket entry. The Court also ORDERS Ms. Zackular to file by October 14, 2022, an as-recorded copy of the notice described in G.L. c. 241, sec. 7. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Sent On: 09/19/2022 11:08:35
  16. Joint Status Report, filed.
  17. Nisi Order issued. Response Due on 02/10/2023.
  18. The Court has read the parties' Joint Status Report. The Court GRANTS the parties' motion to enter a 120-day nisi order. The Court further ORDERS the parties to file a joint report by November 14, 2022, and every 30 days thereafter, concerning the status of the refinancing efforts described in the Joint Status Report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: Michael Doron [email protected] Sent On: 10/14/2022 14:49:29
  19. Joint Status Report, filed.
  20. Petitioner's Status Report, filed.
  21. The Court has reviewed Ms. Zackular's status report. On October 14, 2022, the Court ordered both parties (including Mr. Doron) to file joint status reports with the Court concerning their settlement efforts. A "joint" report is one that both parties draft and file with the Court together. Ms. Zackular's report states that Mr. Doron did not participate in either the drafting or filing of the report that was due December 14, 2022. The Court ORDERS Mr. Doron to file with the Court by January 13, 2023, a written explanation for why he failed to obey the Court's October 14, 2022, order. The Court ADVISES Mr. Doron that if he does not comply with this Order, the Court may order him to pay Ms. Zackular's attorneys fees incurred in connection with the late-filed December 14, 2022, report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to Pro Se by email and regular mail. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: Michael Doron [email protected] Sent On: 01/03/2023 09:19:53 Notice of Docket Entry was generated and sent to: Defendant: Michael Doron 14 Cliftondale Avenue, Saugus, MA 01906 Sent On: 01/03/2023 09:21:13
  22. Email from Attorney Jennifer DiCarlo, filed.
  23. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 01/26/2023 Time: 09:00 AM
  24. Show Cause Order, issued. (Copies emailed to Attorneys William Heney and Jennifer DiCarlo, and Pro Se Respondent Michael Doron) Judge: Vhay, Hon. Michael D.
  25. Event Resulted: Hearing scheduled on: 01/26/2023 09:00 AM Has been: Held via video Hon. Michael D. Vhay, Presiding
  26. Hearing held by videoconference on the Court's January 19, 2023 show cause order to respondent Michael Doron. Petitioner Melissa Zackular appeared through counsel. Mr. Doron appeared representing himself. After hearing from the parties, the Court ORDERS Ms. Zackular to serve the parties', LoanDepot, by February 9, 2023 with a copy of her partition complaint and a summons, and to file a return of service promptly. The Court VACATES its nisi order in this action. The Court ORDERS the parties to report by February 9, 2023 whether both parties have signed a settlement agreement. The Court ORDERS Ms. Zackular to serve all materials to Mr. Doron by mail at 14 Cliftondale Ave in Saugus, and DIRECTS the Sessions Clerk to mail all notices to Mr. Doron at that address. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: Michael Doron 14 Cliftondale Avenue, Saugus, MA 01906 Sent On: 01/26/2023 11:48:13
  27. Petitioner's Status Report, filed.
  28. The Court has received Ms. Zackular's report that both parties have not signed a settlement agreement. Accordingly, the Court ORDERS the parties to appear by telephone for a case-management conference on February 27, 2023, at 11:00 AM. A separate notice of case-management conference will issue. The Court ADVISES the parties to read the notice carefully and obey its requirements pertaining to the filing of a joint case-management conference report. A party's failure to comply with the notice's requirements may result in the Court imposing sanctions, including an award of attorney's fees. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: Michael Doron 14 Cliftondale Avenue, Saugus, MA 01906 Sent On: 02/09/2023 15:10:43
  29. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 02/27/2023 Time: 11:00 AM
  30. Summons returned to Court with service on Mortgage Electronic Registration Systems, Inc. as Nominee for Loandepot.com LLC filed.
  31. Summons returned to Court with service on Loandepot.com LLC filed.
  32. Petitioner's Motion to Unilaterally File Statement for Case Management Conferece, filed.
  33. Statement of Petitioner for Case Management Conference, filed.
  34. The motion to file the unilateral statement is GRANTED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: Michael Doron 14 Cliftondale Avenue, Saugus, MA 01906 Sent On: 02/24/2023 15:50:07
  35. Event Resulted: Case Management Conference scheduled on: 02/27/2023 11:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  36. Appearance of Keith Andrew Mitchell, Esq. for Mortgage Electronic Registration Systems, Inc. as Nominee for Loandepot.com LLC, filed
  37. Appearance of David T Norton, Esq. for Michael Doron, filed
  38. Telephonic case management conference held. The parties appeared through counsel. The parties report that they have resumed settlement discussions, and that they agree that the property should be sold. The Court ORDERS the parties to file by March 17, 2023 a joint reporting stating that the parties either: (1) have reached a final settlement agreement; (2) are requesting additional time to discuss settlement; or (3) believe settlement is unlikely. The Court otherwise STAYS all proceedings in this matter through the date of the joint report. The parties assent to filing all materials with the Court, and serving such materials on each other, by email. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: David T Norton, Esq. [email protected] Interested Party: Keith Andrew Mitchell, Esq. [email protected] Sent On: 02/27/2023 15:49:20
  39. Email Status Report from Attorney Jennifer DiCarlo, filed.
  40. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 03/27/2023 Time: 10:30 AM
  41. Event Resulted: Status Conference scheduled on: 03/27/2023 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  42. Telephonic status conference held. All parties appeared through counsel. Ms. Zackular and Mr. Doron report they've agreed to sell their property, but haven't reached agreement yet on the division of of the net proceeds of the sale. After hearing from the parties, the Court ORDERS Zackular and Doron to submit by April 28, 2023, and every thirty days thereafter, a joint report on their efforts to sell the property. The Court further ORDERS the parties to complete all discovery, fact and expert, by May 26, 2023, on all issues in dispute in this case, including disputes over the reimbursement of expenses and capital improvements. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: David T Norton, Esq. [email protected] Interested Party: Keith Andrew Mitchell, Esq. [email protected] Sent On: 03/27/2023 13:16:07
  43. Joint Email Report on Settlement Efforts, filed.
  44. Petitioner's Status Report and Request for Hearing, filed.
  45. The Court has received Petitioner's Report and Request for Hearing, which includes a motion to enforce a purported settlement. The Court ORDERS Mr. Doron to file by June 15, 2023, any opposition to the motion. The Court further ORDERS Mr. Doron to show cause in writing by the same date as to why he did not comply with this Court's order directing the parties to file a joint status report. As Mr. Doron has violated previous orders of the Court, the Court ADVISES Mr. Doron that it is considering an award of sanctions for the current apparent violation. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: David T Norton, Esq. [email protected] Interested Party: Keith Andrew Mitchell, Esq. [email protected] Sent On: 06/08/2023 08:55:45
  46. The Court ORDERS Ms. Zackular to file promptly a copy of the settlement agreement to which her Report and Request for Hearing refers. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: David T Norton, Esq. [email protected] Interested Party: Keith Andrew Mitchell, Esq. [email protected] Sent On: 06/26/2023 10:17:58
  47. Order, issued. (Copies emailed to William E Heney, Esq., Jennifer L DiCarlo, Esq., David T Norton, Esq. and Keith Andrew Mitchell, Esq.) Judge: Vhay, Hon. Michael D.
  48. Settlement Agreement, filed.
  49. Affidavit of Jennifer L. DiCarlo,Esq. in Support of Award of Reasonable Attorneys' Fees (Pursuant to Order Dated June 26,2023), filed.
  50. The Court has received attorney DiCarlo's fee-award affidavit. The Court ORDERS Mr. Doron to file by July 21, 2023, any objections to the fee request. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Jennifer L DiCarlo, Esq. [email protected] Defendant: David T Norton, Esq. [email protected] Interested Party: Keith Andrew Mitchell, Esq. [email protected] Sent On: 07/14/2023 09:55:14
  51. Defendant Michael Doron's Objection to Plaintiff Melissa Zackular's Request for Fees, filed.
  52. Fee Order. issued. (Copies emailed to Attorneys Jennifer DiCarlo, William Heney, David Norton, and Keith Mitchell) Judge: Vhay, Hon. Michael D.
  53. Joint Status Report, filed.
  54. Stipulation of Dismissal, filed.
  55. Stipulation of Dismissal, filed.

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