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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-30
Status Closed
Type Cnc Certiorari, G.l. Chapter 249, 4
Docket 70 entries
Disposition judgment entered

Parties

Plaintiff Harihar, Mohan A.
Defendant Commonwealth Of Massachusetts

Lawyers

Docket Entries

  1. Emergency Motion Granting Permission to File and Re-Assignment for New Trial after New Discovery of 2014 Citigroup Settlement Agreement & MA AGO Documents, filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433865 Date: 09/06/2022
  4. Land Court surcharge Receipt: 433865 Date: 09/06/2022
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Affidavit of Indigency filed.
  7. Determination Regarding Indigency, issued. Referred to a Judge. Judge: Patterson, Deborah J.
  8. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 09/02/2022 Time: 10:00 AM
  9. Event Resulted: Hearing scheduled on: 09/02/2022 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding September 2, 2022. Hearing on Plaintiff's request to be declared an indigent party pursuant to G.L. c.261, section 27B. The plaintiff requested a waiver of the filing fee for this matter. Following questioning, the court denied the request without prejudice, stating that the plaintiff must pay the filing fee but may enter a supplemental request for later litigation-related expenses if the circumstances warrant a finding of indigency.
  10. Determination Regarding Indigency, issued. Judge: Smith, Hon. Kevin T.
  11. Plaintiff's Motion for Additional Clarification of Court Fees, Civil Rules of Procedure and Other Legal Concerns, filed.
  12. Notice of Docket Entry: Upon review of the Plaintiff's Motion for Additional Clarification of the Court's order of September 2, 2022 denying Plaintiff's request to be declared an indigent party pursuant to G.L. c.261, section 27B, neither the Land Court filing fee nor the summons fee is waived. The Court did not order the waiver of the summons fee during the hearing on September 2, 2022 as suggested in Plaintiff's Motion. Rather, the Court commented that the Plaintiff may not need an original summons in order to serve the Commonwealth but indicated to the Plaintiff that he should consult the Massachusetts Rules of Civil Procedure. The applicable section is Rule 4(d)(3). To be clear, the $5.00 summons fee is not waived as part of the Court's September 2, 2022 order (Smith, J.). Notice of Docket Entry was generated and sent to: Plaintiff: Mohan A. Harihar [email protected] Defendant: Commonwealth of Massachusetts No addresses available Sent On: 09/13/2022 15:47:40
  13. Appearance of Kendra Kinscherf, Esq. for Commonwealth of Massachusetts, filed
  14. Motion for an Extension to File the Commonwealth's Responsive Pleading, filed (by email).
  15. Appearance of John Dupuis, Esq. for Commonwealth of Massachusetts, filed
  16. Plaintiff Opposition to Defendant's Request for Extension of Time to File Responsive Pleading, filed (by email).
  17. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Defendant: Kendra Kinscherf, Esq. [email protected] Defendant: John Dupuis, Esq. [email protected] Plaintiff: Mohan A. Harihar [email protected] Sent On: 10/18/2022 11:27:23
  18. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 11/22/2022 Time: 09:30 AM
  19. Notice of Docket Entry: Upon review and consideration of the Defendant's Motion for Extension of Time to File Responsive Pleading and Plaintiff's Opposition to that motion, the Court finds that good cause exists to allow the Defendant's motion. Defendant shall file a responsive pleading to the Plaintiff's Complaint no later than November 11, 2022 (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Defendant: Kendra Kinscherf, Esq. [email protected] Defendant: John Dupuis, Esq. [email protected] Plaintiff: Mohan A. Harihar [email protected] Sent On: 10/19/2022 14:11:29
  20. Plaintiff Notice Regarding Undisclosed Conflicts of Interest and Evidenced Patterns of Judicial Misconduct in Related/ Ongoing Litigation, filed.
  21. Defendant Motion to Dismiss, filed (by email).
  22. Memorandum in Support of Defendant's Motion to Dismiss, filed (by email).
  23. Appendix of Exhibits, filed (by email).
  24. Defendant's Motion to Continue Case Management Conference, filed (by email).
  25. Plaintiff Motion for Disqualification and Recusal of Judge Smith, filed (by email).
  26. Event Resulted: Case Management Conference scheduled on: 11/22/2022 09:30 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  27. Scheduled Judge: Smith, Hon. Kevin T. Event: Motion Date: 11/22/2022 Time: 09:30 AM
  28. The Commonwealth's Opposition to Plaintiff's Motion for Disqualification and Recusal, filed (by email).
  29. Plaintiff Emergency Response to Recusal Hearing, filed (by email).
  30. Event Resulted: Motion scheduled on: 11/22/2022 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 22, 2022. Motion hearing held via videoconference. Attorney Kendra Kinscherf appeared for the defendant Commonwealth of Massachusetts. Plaintiff Mohan Harihar appeared pro se. This hearing was initially scheduled on Plaintiff's Motion for Disqualification and Recusal of Judge Smith, but following the plaintiff's request for continuance in order to retain an attorney, the court treated the hearing as a status conference. The court granted the plaintiff's request for a continuance and rescheduled the hearing on Plaintiff's Motion for Disqualification and Recusal of Judge Smith for Tuesday, January 17, 2023 at 9:30am. At that hearing, the court will make a determination on the plaintiff's motion. (Smith, J.).
  31. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 01/17/2023 Time: 09:30 AM
  32. Plaintiff's Emergency Motion for Clarification of the Commonwealth's Legal Position, Following Discovery of Undisclosed Conflicts of Interest- Involving Judicial Officers Presiding in Related Cases, filed (by email).
  33. The Commonwealth's Opposition to Plaintiff's Motion for Clarification, filed.
  34. Withdrawal of Kendra Kinscherf, Esq. for Commonwealth of Massachusetts, filed
  35. Event Resulted: Hearing scheduled on: 01/17/2023 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding January 17, 2023. Hearing on plaintiff's motion for disqualification and recusal of Judge Smith held via videoconference. Plaintiff Mohan A. Harihar appeared pro se. Attorney John Dupuis appeared for the defendant Commonwealth of Massachusetts. The plaintiff filed this motion for disqualification and recusal based on suspected conflicts of interest. The plaintiff requested financial disclosures to confirm any undisclosed conflicts of interest, but indicated that there is no evidence of conflict in any publicly available financial disclosures. Following argument, the court denied the motion for disqualification and recusal. The court scheduled a hearing on defendant's motion to dismiss for March 28, 2023 at 9:30am; the plaintiff must file any opposition to defendant's motion to dismiss no later than March 17, 2023.
  36. Scheduled Judge: Smith, Hon. Kevin T. Event: Motion Date: 03/28/2023 Time: 09:30 AM
  37. Plaintiff Response to Recusal Hearing, Deceptive Practices Perjury and Demand for Corrective Action, filed.
  38. Plaintiff Emergency Motion to Bring Perjury, Attorney Misconduct and Fraud on the Court Claims Against the Commonwealth's Counsel of Record, filed (by email).
  39. Plaintiff Motion Requesting the Court's Assistance with the Appointment of Counsel, Pursuant to the Judicial Code of Conduct- Rule 3:10, filed (by email).
  40. Notice of Docket Entry: January 31, 2023: Upon consideration of the Plaintiff's Motion Requesting the Court's Assistance with the Appointment of Counsel, Pursuant to the Judicial Code of Conduct - Rule 3:10, the motion is denied. The rule cited by the Plaintiff does not authorize this court to appoint counsel for him because of the type of action which the Plaintiff has filed in the Land Court. The Plaintiff's action in the Land Court requests equitable relief concerning the mortgage foreclosure of the property at 168 Parkview Avenue, Lowell, MA that he once owned that was conducted by US Bank on or about September 8, 2010. The power of the court to appoint counsel is reserved only for criminal matters and limited non-criminal matters involving youth advocacy, mental health litigation, and children and family law (Smith, J.). Notice of Docket Entry was generated and sent to: Defendant: John Dupuis, Esq. [email protected] Plaintiff: Mohan A. Harihar [email protected] Sent On: 01/31/2023 13:59:39
  41. Plaintiff Motion for Court Transcripts Including Waiver of Fees, filed (by email).
  42. Plaintiff Motion for Clarification and Reconsideration of Indigency Status, filed (by email).
  43. Plaintiff Motion to Amend Original Complaint, Pursuant to Mass. R. Civ. P. 60(b)(2)- New Information From HFS and CFPB, filed (by email).
  44. Plaintiff Notice of Criminal Civil Rights Complaint Filed With the US DOJ, filed (by email).
  45. Plaintiff Motion to Bring Judicial Fraud on the Court Claim(s) Under Mass. R. Civ. P. 60(b)(3) Against MA Land Court Judge Smith, filed (by email).
  46. Notice of Docket Entry: February 13, 2023:Upon consideration of the Plaintiff's request, pursuant to Supreme Judicial Court Rule 1:22(b), for a review by other justices of this court's order dated January 17, 2023 denying the Plaintiff's Motion for Disqualification and Recusal of Judge Smith, the request is denied. Rule 1:22 is a procedure that only applies to justices of the Massachusetts Supreme Judicial Court. No such panel review is available under the rules applicable to the Massachusetts Land Court (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Defendant: John Dupuis, Esq. [email protected] Plaintiff: Mohan A. Harihar [email protected] Sent On: 02/13/2023 14:53:39
  47. Plaintiff Notice of Criminal Violation Warning RE: Denial of Rights Under Color of Law Filed Against Presiding Judge, filed (by email).
  48. The Commonwealth's Omnibus Opposition to Plaintiff's Motions, Notices, and Other Calls for Court Action, filed.
  49. Plaintiff Emergency Motion for Injunctive Relief Re: Unnecessary/Avoidable Hardship Related to Transportation, filed (by email).
  50. The Commonwealth's Opposition to Plaintiff's Emergency Motion for Injunctive Relief RE: Unnecessary/ Avoidable Hardship Related to Transportation, filed (by email).
  51. Plaintiff Notice: (1) Newly Filed Federal Complaint Against Court Officers; (2) Justice Department Notification of Criminal Misconduct; (3) Intention to Proceed W/Out Re-Establishing Jurisdiction, Acknowledgement of Indigency and Assistance with Appointment of Counsel, filed (by email).
  52. (I) Constitutional/ Color of Law Infractions- Plaintiff Demand for Disqualified Judicial Officer to Cease and Desist; (II) Scheduled 3-28-2023 Hearing; and (III) Defendant- Commonwealth of Massachusetts' Motion to Dismiss, filed (by email).
  53. Event Resulted: Motion scheduled on: 03/28/2023 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding March 28, 2023. Motion hearing held via videoconference. Attorney John Dupuis appeared for the defendant Commonwealth of Massachusetts. Plaintiff Mohan Harihar appeared, pro se. Before the court was the defendant's motion to dismiss the plaintiff's complaint, and multiple motions filed by the plaintiff seeking relief that included (1) leave to bring perjury, attorney misconduct, and fraud on the court claims against Assistant Attorney General, John Dupuis, (2) the appointment of counsel to represent the plaintiff, and (3) leave to bring a fraud on the court claim against Judge Smith. At the outset of the hearing, the plaintiff stated his objection to the hearing going forward on constitutional and other grounds including his concern that Judge Smith had refused to reconsider his decision to deny plaintiff's motion to disqualify or for recusal of Judge Smith. The court heard oral argument on all open motions and took them under advisement. (Smith, J.).
  54. Decision issued. (Copies emailed to Attorney John Dupuis and Pro Se Plaintiff Mohan Harihar) Judge: Smith, Hon. Kevin T.
  55. Judgment entered. (Copies emailed to Attorney John Dupuis and Pro Se Plaintiff Mohan Harihar) Judge: Smith, Hon. Kevin T.
  56. Plaintiff Response to Void Decision/ Judgment Issued April 4, 2023, filed (by email).
  57. Notice of Appeal by Mohan A. Harihar to the Appeals Court filed.
  58. Notice of Assembly of Record on Appeal sent to the Clerk of the Appeals Court.
  59. Notice of Assembly of Record on Appeal sent to all counsel of record.
  60. Case entered in the Appeals Court as Case No. 2023-P-0942.
  61. Emergency Plaintiff Motion to Formally Report Judicial Fraud (and other) Violations Evidenced by Fourt (4) Massachusetts State Judges, as Defined under Mass.R.Civ. P. 60(b)(3) - And Demand for Evidentiary Hearing, filed.
  62. Emergency Motion to Re-Open Docket Pursuant to Mass. R. Civ. P. 60(b)(2), (3), (4) & (6) - New Evidence of Incremental Color of Law/Civil Rights Violations, Including Judicial Fraud and Retaliation, filed.
  63. Copy of Notice of Dismissal from the Appeals Court: "In accordance with Massachusetts Appeals Court Rule 19.0 Dismissals of Appeals and Reports in all Cases for Lack of Prosecution (copy enclosed), you are hereby given notice that the above-referenced appeal has been dismissed for lack of prosecution for the following reason: Brief/appendix not received or status report not filed."
  64. Copy of Notice of Docket entry from the Appeals Court: Please take note that, with respect to the RESPONSE filed by Mohan A Harihar. (Paper #31), on March 22, 2024, the following entry was made on the docket: "RE#31: Treating the within as a motion to reinstate the appeal pursuant to M.A.C. 19.0(d)(2), the motion is denied for lack of a showing of excusable neglect for the lack of prosecution and the existence of a meritorious case. To the extend the appellant seeks other relief, it is denied. (Sacks, J.) Notice"
  65. Plaintiff Motion to Re-Open Docket after Discovery of New Evidence Shows Cause to Amend Original Complaint Under Mass. R. Civ. P. 60(b)(2), filed.
  66. Plaintiff's Record Appendix (R. A.) Vol. 1, filed.
  67. September 16, 2024. The court has considered the Plaintiff's Motion to Re-Open Docket after Discovery of New Evidence pursuant to Mass. R. Civ. P. 60(b)(2). As grounds for his motion, the Plaintiff claims that he received a letter from Wells Fargo dated December 5, 2023 that constitutes newly discovered evidence that is relevant to the claims made in this action. He characterizes the letter as a "Letter of Admission" and a "THIRD Settlement Proposal." The letter is on Wells Fargo stationery and indicates that it is from "Wells Fargo Customer Care - Remediation." It states: "During a review of the account, we identified that when the loan was considered for payment assistance options, an error may have occurred. As a result, we are enclosing a check for $200.00." Missing from the Plaintiff's motion is an explanation of how this Wells Fargo letter constitutes evidence that is relevant to the claims made against the Commonwealth of Massachusetts in this action. Those claims were dismissed in a decision dated April 4, 2023. This court is authorized by Rule 60(b)(2) to relieve a party from a final judgment if that party presents "newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b)." However, Rule 60(b)(2) also requires the moving party to file such a motion "not more than one year after the judgment, order or proceeding was entered or taken." Here, the Wells Fargo letter does not appear to relate to the claims made by the Plaintiff against the Commonwealth of Massachusetts and, therefore, it would not change the reasoning of this court in dismissing those claims as set forth in the April 4, 2023 decision. Furthermore, the Plaintiff's motion was filed on August 15, 2024, more than one year after the final judgment from which the Plaintiff seeks relief. Thus, it is untimely. The Plaintiff's Motion to Re-Open Docket after Discovery of New Evidence pursuant to Mass. R. Civ. P. 60(b)(2) is DENIED. The court further orders that the Plaintiff is prohibited from filing any more pleadings, motions or other papers in this action without seeking the court's permission through a motion that sets forth good cause to allow the filing of such additional pleadings, motions or other papers. (Smith, J.) Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Defendant: John Dupuis, Esq. [email protected] Plaintiff: Mohan A. Harihar [email protected] Sent On: 09/16/2024 12:10:39
  68. Notice of Record Assembly from the Supreme Judicial Court, received. RE: No. SJ-2024-0373
  69. Plaintiff Request for Certified Copies of the Docket Sheet, filed.
  70. Affidavit of Indigency, filed. (No Image Available)

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