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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-04-13
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 22 entries
Disposition judgment

Parties

Plaintiff Meb Loan Trust Iv, U.s Bank N.a., Not In Its Individual Capacity But Solely As Trustee
Defendant Ziemba, Brian W.|City Of Lowell

Lawyers

Docket Entries

  1. Certificate of Compliance, filed by email.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 430163 Date: 04/13/2022
  4. Land Court surcharge Receipt: 430163 Date: 04/13/2022
  5. Land Court summons Receipt: 430163 Date: 04/13/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Answer of the City of Lowell, filed.
  8. Motion for Appointment of Special Process Server Under MRCP Rule 4 (c), filed.
  9. Summons returned to Court with service on Brian W. Ziemba filed. 05/03/2022: Service by leaving at the last and usual place of abode.
  10. Motion for Appointment of Special Process Server Under MRCP Rule 4 (c) ALLOWED. Email notice to: Attorney Tracy A. Kish and Attorney Kerry R. Jenness. Judge: Roberts, Hon. Jennifer S.D.
  11. Status Report, filed by email.
  12. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Brian W. Ziemba, filed.
  13. Defendant Brian W. Ziemba defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  14. Affidavit of Military Service and Competency, filed by email.
  15. Plaintiff's Motion to Approve Agreement for Judgment and to Enter Judgment, filed by email. (Note: [Proposed] Agreement for Judgment submitted).
  16. Notice of Docket Entry: The court declines to act on Plaintiff's Motion To Approve Agreement For Judgment And To Enter Judgment until counsel has filed a Mass. R. Civ. P. 55 (b) motion for entry of default judgment as to defendant Brian W. Ziemba with supporting memorandum. While Mr. Ziemba has been defaulted pursuant to Mass. R. Civ. P. 55 (a), this does not deprive plaintiff of its obligation to establish that it is entitled to the relief that it seeks by citation to the record and the applicable law. See Hermanson v. Szafarowicz, 457 Mass. 39, 49 (2010) ("rule 55 (B) ( 2) is properly interpreted as requiring some factual findings concerning the basis of damages or other relief included within the default judgment.") Email notice to: Attorney Tracy A. Kish and Attorney Kerry R. Jenness. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Tracy A Kish, Esq. [email protected] Defendant: Kerry Regan Jenness, Esq. [email protected] Sent On: 07/29/2022 11:04:17
  17. Notice of Docket Entry: Further to the court's July 29, 2022 docket entry, defendant Brian W. Ziemba will be dismissed without prejudice if a Mass. R. Civ. P. 55(b) motion for entry of default judgment with supporting memorandum is not filed by October 14, 2022. Email notice to: Attorney Tracy A. Kish and Attorney Kerry R. Jenness. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Tracy A Kish, Esq. [email protected] Defendant: Kerry Regan Jenness, Esq. [email protected] Sent On: 08/23/2022 11:51:38
  18. Plaintiff's Renewed Motion for Entry of Default Judgment as to Brian W. Ziemba, filed by email.
  19. Plaintiff's Renewed Memorandum of Law In Support of Entry of Default Judgment as to Brian W. Ziemba, filed by email.
  20. Affidavit of Attorney Tracy A. Kish, filed by email. (Note: Judgment submitted).
  21. Default Judgment (Mass. R. Civ. P. 55(b)) and Order Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorneys Tracy Kish, Kerry Jenness, Celine Gettings, and John McKenna) Judge: Roberts, Hon. Jennifer S.D.
  22. Agreement for Judgment approved by the Court.

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