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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-06-21
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 60 entries
Disposition judgment

Parties

Plaintiff Rono, Nathaniel|Rono, Christine
Defendant Cambridge Redevelopment Authority|Mendonca, Maria|Miranda, Imaculada

Lawyers

Docket Entries

  1. Agreement for Judgment approved by the Court.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 431938 Date: 06/21/2022
  4. Land Court surcharge Receipt: 431938 Date: 06/21/2022
  5. Land Court summons Receipt: 431938 Date: 06/21/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] null: File Copy Sent On: 06/28/2022 15:20:41
  8. The Court has reviewed the Ronos' complaint. The Court ORDERS the Ronos to file by July 15, 2022, either (a) a memorandum explaining how they intend to serve the unknown heirs and devisees of Maria Mendonca or (b) a suitable and properly supported motion regarding such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] null: File Copy Sent On: 06/28/2022 15:22:36
  9. Plaintiffs' Motion for Service by Publication on Unknown/Unascertained Defendants, filed.
  10. The Court has received the Ronos' motion for alternative service on the unknown heirs and devisees of Maria Mendonca. To save them time in this matter, the Court intends to appoint a guardian ad litem for the unknowns and have the guardian advise the Court on suggested service of the unknowns. The next three candidates on the Court's list of GALs for Middlesex County are attorneys Margaret K. LaMothe, David W. Lima, and Kenneth E. Lindauer. The Court ORDERS the Romo to file by July 20, 2022, any objections to the Court's appointment of any of these candidates. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] null: File Copy Sent On: 07/15/2022 14:37:33
  11. Order Appointing Margaret K. LaMothe, Esq., as Guardian Ad Litem for Unknown Heirs and Devisees of Maria Mendoca, issued. (Copies emailed to Attorneys Ethan Davis, Michael Duffy, and Margaret LaMothe) Judge: Vhay, Hon. Michael D.
  12. Signed Guardian Ad Litem Oath, filed.
  13. Affidavit of Service of Complaint and Summons to Defendant Cambridge Redevelopment Authority, filed.
  14. Appearance of Meghan E Huggan, Esq. for Nathaniel Rono, Christine Rono, filed
  15. Letter requesting Extension, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  16. Report of the Guardian Ad Litem, filed,
  17. Statement of the Amount of Payment, filed.
  18. The Court has reviewed the Guardian Ad Litem's report. The Court ORDERS the Guardian to submit by October 7, 2022, (a) a description of the work she'd propose to undertake to identify Ms. Mendonca's heirs in the Azores, and an estimate of the cost of that work; and (b) were that work not to be performed, which publications in the Azores would be suitable for notice by publication to the unknown heirs. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Defendant: Cambridge Redevelopment Authority No addresses available Sent On: 09/22/2022 16:13:47
  19. Second Report of the Guardian Ad Litem, filed.
  20. The Court has reviewed the GAL's second report. The Court ORDERS the parties to file by November 1, 2022, any objections to the Court ordering retention of a private investigator, at a cost not to exceed $2500, to attempt to locate the heirs and devisees of defendant Mendonca. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Defendant: Cambridge Redevelopment Authority No addresses available Sent On: 10/25/2022 09:55:34
  21. Plaintiffs' Limited Objection to Retention of a Private Investigator, filed.
  22. The Court has reviewed the Ronos' Limited Objection to Retention of a Private Investigator. The Court AUTHORIZES the GAL to hire a private investigator, for an amount not to exceed $2,500, to locate the heirs of defendant Maria Mendonca. The Court further ORDERS the GAL to have the investigator contact the "accountant" who sent the e-mail attached to the Ronos' affidavit of due diligence concerning the possible whereabouts of Mendonca's heirs. The Court ORDERS the GAL to file a report on the status of the investigation by January 3, 2023. The Court otherwise OVERRULES the Ronos' limited objections. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 11/02/2022 11:52:20
  23. Motion for Payment of Costs, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel and GAL by email.
  24. Email from Attorney Michael Duffy regarding Opposition to Motion by the Guardian Ad Litem, received: "No opposition to the motion."
  25. GAL's Preliminary Report, filed.
  26. The Court has reviewed the Guardian Ad Litem's first report from Beacon Investigative Solutions. The Court ORDERS the GAL to submit by January 6, 2023, a further status report on the following: (1) The BIS report suggests that Maria Mendonca's sister, Maria Dos Anjos Costa, lives in Wakefield, Massachusetts. The Court ORDERS the GAL to contact Maria Costa (or her reported daughter and son-in-law; hereafter, the "Wakefield Contacts") to see whether BIS's information about Maria Costa is correct. The Court further ORDERS the GAL to discuss with the Wakefield Contacts, if they are related to Maria Mendonca, (a) whether the Report's information about Maria do Carmo Soares, Francisco Vas Medeiros, and Jorge Vaz Medeiros is correct; (b) whether some or all of them are still alive (if not, who their heirs might be); and (c) any information concerning the whereabouts of the three reported Mendonca siblings or their heirs. (2) If the GAL doesn't succeed in locating Ms. Soares, the Medeiroses, and/or their heirs by contacting the Wakefield parties, the GAL should ask BIS if it has obtained any information concerning the whereabouts of Francisco Vas Medeiros (or his heirs, if BIS has information he's dead) and Maria do Carmo Soares (or her heirs, if BIS has information she's dead). If BIS doesn't have information about F. Medeiros or M. Soares, the GAL should ask BIS if additional investigation would be worthwhile (and if so, the costs of such investigation). (3) The GAL is permitted to propose any other efforts she'd recommend in locating all of the heirs of Maria Mendonca. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 12/21/2022 08:22:42
  27. Third Report of the Guardian Ad Litem, filed.
  28. The Court has reviewed the GAL's supplemental report. The Court ORDERS Plaintiffs and the GAL to appear for a telephonic status conference on January 18, 2023, at 11:30 AM, to discuss whether further work identifying the possible heirs or devisees of Maria Mendonca is needed. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 01/09/2023 15:20:34
  29. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 01/18/2023 Time: 11:30 AM
  30. Event Resulted: Status Conference scheduled on: 01/18/2023 11:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  31. Telephonic status conference held. The Ronos appeared through counsel. The unknown heirs and devisees of Maria Mendonca appeared through a Guardian ad Litem. Without objection from the Ronos, the Court ORDERS the GAL to file by February 1, 2023 a further report on her efforts to obtain Mrs. Mendonca's alleged will. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 01/18/2023 14:19:26
  32. Fourth Report of the Guardian Ad Litem, filed.
  33. The Court has reviewed the Guardian Ad Litem's latest report. In June 2022, the Ronos filed this action, seeking against "[a] living person or persons claiming under Maria Mendonca" title to an abutting Cambridge property. Since that time, with the assistance of the GAL, the Court has identified at least four potential heirs of Ms. Mendonca as well as a putative sole devisee. The Court ORDERS the Ronos to file by February 10, 2023, a statement identifying whom they'd like to obtain a judgment against. The Court ADVISES the Ronos that if they wish to proceed against both Mendonca's potential heirs as well as her putative devisee, the Court is likely to order additional work identifying the heirs, whether they are living (and if not, identifying their heirs or devisees), and their current residences. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 02/03/2023 12:24:28
  34. Statement Identifying Imaculada "Connie" Miranda as Defendant Against Whom Plaintiffs Seek Judgment, filed.
  35. The Court has received Plaintiffs' statement in response to the Court's February 3, 2023, order. The Court ORDERS Plaintiffs to file by February 16, 2023, an amended complaint that's consistent with today's statement and promptly serve a summons and the amended complaint on all as-yet unserved defendants. The Court ORDERS Plaintiffs to file within 30 days of filing their amended complaint returns of service on all new defendants or a status report concerning Plaintiffs' service efforts. The Court DISCHARGES the Guardian Ad Litem (with appreciation for her services) and ORDERS her to file by February 16, 2023, a statement of her fees and expenses. The Court ORDERS Plaintiffs, by February 23, 2023, to either pay the GAL's fees and expenses or file any objections to the GAL's statement. (Should Ps have objections, the Court encourages them and GAL to confer in an attempt to reach a mutually satisfactory resolution of any fee and expense issues.) Should Plaintiffs pay the GAL's fees and expenses, the Court ORDERS the GAL to notify the Sessions Clerk promptly that the GAL has received payment. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 02/09/2023 09:29:07
  36. Motion for Payment of Fees for Guardian Ad Litem, filed.
  37. The Court has received the GAL's motion for payment of fees. The Court ORDERS the Ronos to pay the GAL's fees, or file an objection to the fee the request, by February 28, 2023. Should the Ronos pay the fees, the Court ORDERS the GAL to so inform the Sessions Clerk. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 02/14/2023 15:16:19
  38. Amended Complaint, filed.
  39. Email from Attorney Margaret LaMothe (GAL) confirming being Paid in Full, filed.
  40. Affidavit of Service of Complaint and Summons to Defendant Imaculada C. Miranda, filed.
  41. The Court DIRECTS the Recorder to enter the defaults of defendants Cambridge Redevelopment Authority and Immaculada Miranda in this case. The Court ORDERS the Ronos to file by April 21, 2023, a suitable motion under Rule 55(b), Mass. R. Civ. P. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 04/06/2023 09:04:40
  42. Defendant Cambridge Redevelopment Authority, Imaculada Miranda defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  43. Plaintiffs Nathaniel and Christine Rono's Motion for Leave to Amend Complaint and to Postpone Entry of Default Judgment, filed.
  44. The Court has received, and GRANTS in part, the Ronos' Motion for Leave to Amend Complaint and to Postpone Entry of Default Judgment. The Court GRANTS the Ronos leave to file an amended complaint substantially in the form attached as Exhibit A to their motion, but without redlines. The Court ORDERS the Ronos to file the amended complaint no later than April 14, 2023. The Court VACATES the defaults entered today against defendants Cambridge Redevelopment Authority and Ms. Miranda, and VACATES the Court's order directing the Ronos to file a motion under Rule 55(b). The Court ORDERS the Ronos to serve their amended complaint on both defendants at the time of filing the complaint with the Court and to file promptly a certificate of such service. The Court ORDERS the Ronos to file by April 28, 2023, either (1) a motion for entry of a default as to one or both defendants, or (2) a report on the status of any settlement discussions the Ronos are having with either or both defendants, without disclosing the substance of any settlement proposals or demands. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  45. Second Amended Complaint, filed.
  46. Plaintiffs Nathanial and Christine Rono's Status Report Pursuant to the Court's April 6, 2023 Order, filed.
  47. The Court has reviewed the Ronos' status report. The Court DIRECTS the Recorder to enter the default of defendant Imaculada C. Miranda in this action. The Court GRANTS the Ronos' motion to file by May 26, 2023, a suitably supported motion for entry of a default judgment against Ms. Miranda and an agreement for judgment with the CRA. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 05/04/2023 08:09:29
  48. Defendant Imaculada Miranda defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  49. Agreement for Judgment for the Plaintiffs, filed.
  50. Plaintiffs' Motion for Entry of Default Judgment Against Defendant Imaculada C. Miranda and Approval of Agreement for Judgment with the Cambridge Redevelopment Authority (Memorandum of Law Incorporated Herein), filed.
  51. The Court has reviewed the Ronos' motion for entry of a default judgment against defaulted defendant Imaculada C. Miranda and for approval of an agreement for judgment with the Cambridge Redevelopment Authority. The Ronos haven't filed in support of their motion information showing that Ms. Miranda isn't an infant, an incompetent person, or an incapacitated person. See Rule 55(b)(2), Mass. R. Civ. P. The Court ORDERS the Ronos to supplement their motion by June 27, 2023, with appropriate evidence concerning Ms. Miranda. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Defendant: Jeffrey B Mullan, Esq. [email protected] Defendant: Seth R Reiner, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 06/20/2023 14:17:33
  52. Affidavit of Ethan Z. Davis as to Military Service in Further Support of Plaintiffs' Motion for Default Judgment against Defendant Imaculada C. Miranda, filed.
  53. The Court ORDERS the parties to appear by telephone on July 14, 2023, at 9:30 AM for a hearing on the Ronos' motion for entry of default judgment and approval of an agreement for judgment. A separate notice of hearing will issue. The Court EXCUSES defendant Cambridge Redevelopment Authority from appearing at the hearing. The Court ORDERS the Ronos to serve on defaulted defendant Imaculada Miranda a copy of the hearing notice and their motion by no later than July 7, 2023, and to file by July 12, 2023, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Defendant: Jeffrey B Mullan, Esq. [email protected] Defendant: Seth R Reiner, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 06/27/2023 09:43:55
  54. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 07/14/2023 Time: 09:30 AM
  55. Plaintiffs Nathaniel and Christine Rono's Certificate of Service on Defaulted Defendant Imaculada C. Miranda Pursuant to the Court's June 27,2023 Notice of Docket Entry, filed.
  56. Event Resulted: Hearing scheduled on: 07/14/2023 09:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  57. Telephonic hearing held on the Ronos' motion for entry of a default judgment and approval of an agreement for judgment. Nathaniel and Christine Rono appeared through counsel. No other parties appeared. Without opposition, the Court GRANTS the motion. A separate Default and Agreed Judgment will issue. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Defendant: Jeffrey B Mullan, Esq. [email protected] Defendant: Seth R Reiner, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 07/14/2023 10:07:36
  58. The Ronos and CRA's Agreement for Judgment confirms in the Ronos their title to the "5-Foot Strip." Neither the Agreement nor the parties' pleadings, however, depicts the location or dimensions of the Strip. The Court thus ORDERS the Ronos and CRA to file by July 28, 2023, an agreed plan or other depiction of the Strip that shows its location and dimensions. The Court intends to attach such a depiction to the Default and Agreed Judgment that will issue in this case. Since the Ronos haven't sought any relief relative to defendant Miranda concerning the Strip, the Ronos and CRA need not obtain Miranda's agreement to the to-be-filed agreed plan or depiction. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Michael J Duffy, Esq. [email protected] Plaintiff: Ethan Z Davis, Esq. [email protected] Plaintiff: Meghan E Huggan, Esq. [email protected] Defendant: Jeffrey B Mullan, Esq. [email protected] Defendant: Seth R Reiner, Esq. [email protected] Guardian Ad Litem: Margaret K LaMothe, Esq. [email protected] Sent On: 07/14/2023 15:56:23
  59. Clarification of 5-Foot Strip, filed.
  60. Default and Agreed Judgment (Land Court Rule 10) issued. (Copies emailed to Attorneys Meghan Huggan, Michael Duffy, Ethan Davis, Seth Reiner, Jeffrey Mullan, and Margaret LaMothe) Judge: Vhay, Hon. Michael D.

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