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Case Information
Filed
2023-05-05
Status
Closed
Type
Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket
17 entries
Disposition
disposed
Parties
Plaintiff
Le Blanc, William A.
Defendant
Da Cruz, Lynn
Lawyers
Docket Entries
- Case file mailed to Western Housing Court-- Springfield Session.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 440733 Date: 05/05/2023
- Land Court surcharge Receipt: 440733 Date: 05/05/2023
- Land Court summons Receipt: 440733 Date: 05/05/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Plaintiff's Motion for a Preliminary Injunction, filed.
- Affidavit of William A. LeBlanc in Support of Motion for Preliminary Injunction, filed.
- The Court has reviewed Mr. LeBlanc's motion for a preliminary injunction. The Court ORDERS the parties to appear for a hearing on the motion at the Land Court in Boston on May 16, 2023, at 12:00 PM. A separate notice of hearing will issue. The Court ORDERS Mr. LeBlanc to serve Ms. DaCruz promptly with a summons, his complaint, his motion (and all supporting materials), and this order, and to file by 4:00 PM on May 15, 2023, a return of service. The Court ORDERS Mr. LeBlanc to file his return by e-mail sent to the Sessions Clerk. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Warren A Blair, III, Esq. [email protected] Sent On: 05/08/2023 10:33:26
- Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 05/16/2023 Time: 12:00 PM
- Return of Service on Lynn DaCruz, filed.
- Summons returned to Court with service on Lynn DaCruz filed.
- The Court has received Ms. DaCruz's Notice of Transfer in Civil Actions Nos. 22 MISC 000353 and 23 MISC 000189. General Laws chapter 185C, section 20 provides that "[a]ny civil action within the jurisdiction of the housing court department which is pending in another court department may be transferred to the housing court department by any party thereto." Since Ms. DaCruz is a "party" to Civil Action No. 23 MISC 000189, and since Mr. LeBlanc seeks in that suit an order evicting Ms. DaCruz, this Court DEEMS the Notice of Transfer proper as to Civil Action No. 23 MISC 000189 and DIRECTS the Recorder to perform all steps necessary to facilitate the transfer of that case to the Western Housing Court. The Land Court CANCELS its hearing on Mr. LeBlanc's motion for a preliminary injunction. The Court REJECTS Ms. DaCruz's notice of transfer in Civil Action No. 22 MISC 000353. Ms. DaCruz is not a "party" to that case, and hence she lacks the power under section 20 to transfer that case to the Western Housing Court. The Court ORDERS Mr. LeBlanc (in Case No. 22 MISC 000353) to report by May 26, 2023, and every 30 days thereafter, on the status of transferred eviction proceedings. SO ORDERED. Judge: Vhay, Hon. Michael D.
- Event Resulted: Hearing on Preliminary Injunction scheduled on: 05/16/2023 12:00 PM Has been: Canceled Hon. Michael D. Vhay, Presiding
- Notice of Transfer to House Court, filed.
- The Court has received Ms. DaCruz's Notice of Transfer in Civil Actions Nos. 22 MISC 000353 and 23 MISC 000189. General Laws chapter 185C, section 20 provides that "[a]ny civil action within the jurisdiction of the housing court department which is pending in another court department may be transferred to the housing court department by any party thereto." Since Ms. DaCruz is a "party" to Civil Action No. 23 MISC 000189, and since Mr. LeBlanc seeks in that suit an order evicting Ms. DaCruz, this Court DEEMS the Notice of Transfer proper as to Civil Action No. 23 MISC 000189 and DIRECTS the Recorder to perform all steps necessary to facilitate the transfer of that case to the Western Housing Court. The Land Court CANCELS its hearing on Mr. LeBlanc's motion for a preliminary injunction. The Court REJECTS Ms. DaCruz's notice of transfer in Civil Action No. 22 MISC 000353. Ms. DaCruz is not a "party" to that case, and hence she lacks the power under section 20 to transfer that case to the Western Housing Court. The Court ORDERS Mr. LeBlanc (in Case No. 22 MISC 000353) to report by May 26, 2023, and every 30 days thereafter, on the status of transferred eviction proceedings. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Warren A Blair, III, Esq. [email protected] Defendant: Lynn DaCruz [email protected] Sent On: 05/15/2023 11:21:34
- Case Disposed by Transfer.
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