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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-12
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 28 entries
Disposition judgment of dismissal

Parties

Plaintiff Regan, Daniel
Defendant Clague, Casey Jo

Lawyers

Docket Entries

  1. Judgment of Dismissal - Mass.R.Civ.P. 41(a)(2). Judge: Roberts, Hon. Jennifer S.D.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 436599 Date: 12/12/2022
  4. Land Court surcharge Receipt: 436599 Date: 12/12/2022
  5. Land Court summons Receipt: 436599 Date: 12/12/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the F Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kenneth Cossingham, Esq. [email protected] Sent On: 12/22/2022 14:11:20
  8. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 01/26/2023 Time: 09:00 AM Email notice to: Attorney Kenneth Cossingham.
  9. Notice of Docket Entry: No return of service having yet been docketed and no joint case management statement having been timely filed with the court, the January 26, 2023 case management conference is VACATED. This matter will be dismissed without prejudice if service is not effected by March 12, 2023. Email notice to: Attorney Kenneth Cossingham. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Kenneth Cossingham, Esq. [email protected] Sent On: 01/25/2023 08:15:25
  10. Event Resulted: Case Management Conference scheduled on: 01/26/2023 09:00 AM Has been: VACATED. Refer to the Notice of Docket Entry dated January 25, 2023 for specifics. Hon. Jennifer S.D. Roberts, Presiding
  11. Summons returned to Court with service on Casey-Jo Clague filed. 01/17/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
  12. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 03/23/2023 Time: 09:00 AM Email notice to: Attorney Kenneth Cossingham.
  13. Event Resulted: Status Conference scheduled on: 03/23/2023 09:00 AM Has been: Held via video. Attorney Kenneth Cossingham appeared for plaintiff and no appearance was made by or on behalf of the defendant. The court expressed its concern that the defendant has not appeared in this action despite being served. Accordingly, the court instructed Attorney Cossingham to serve a copy of this docket entry and a notice of a further Status Conference on April 6, 2023 at 10:30 a.m., to be held via videoconference, by constable, by affixing the documents to the defendant's front door. If the defendant does not appear or otherwise respond to this notice, the court will appoint a Commissioner to sell the property at issue thereafter. Email notice to: Attorney Kenneth Cossingham. Hon. Jennifer S.D. Roberts, Presiding
  14. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kenneth Cossingham, Esq. [email protected] Sent On: 03/23/2023 15:41:37
  15. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 04/06/2023 Time: 10:30 AM Email notice to: Attorney Kenneth Cossingham.
  16. Letter from Attorney Cossingham (with attached Return of Service by Constable Burke: 04/03/2023: By leaving at last and usual place of abode by wedging in front door for Casey-Jo Clague, and by 1st class mail. Copy of Notice of Status Conference for April 6, 2023 at 10:30 AM, Notice of Docket Entry After Hearing on March 23, 2023, and Zoom Invite for April 6, 2023 hearing at 10:30 AM), filed by email.
  17. Event Resulted: Status Conference scheduled on: 04/06/2023 10:30 AM Has been: Held via video. Attorney Kenneth Cossingham appeared for the petitioner and defendant Casey-Jo Clague ("Ms. Clague") appeared pro se. Ms. Clague provided the court and Attorney Cossingham with her contact information. The court explained generally partition law in Massachusetts and how partition proceedings operate in Land Court. In response to the court's inquiry, Ms. Clague indicated that she would like to keep the property and buy out the petitioner's interest therein. The court directed Ms. Clague to discuss possible resolutions with Attorney Cossingham and scheduled a further Status Conference for May 3, 2023 at 10:30 a.m., to be held via videoconference, to report on the progress of those discussions. Email notice to: Attorney Kenneth Cossingham and Pro Se Defendant Casey-Jo Clague. Hon. Jennifer S.D. Roberts, Presiding
  18. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kenneth Cossingham, Esq. [email protected] Defendant: Casey-Jo Clague [email protected]
  19. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 05/03/2023 Time: 10:30 AM Email notice to: Attorney Kenneth Cossingham and Pro Se Defendant Casey-Jo Clague.
  20. Letter from Attorney Cossingham with attached Return of Service - 04/03/2023: Service by wedging in front door of the last and usual place of abode of Defendant Casey Jo-Clague, filed.
  21. Event Resulted: Status Conference scheduled on: 05/03/2023 10:30 AM Has been: Held via video. Attorney Kenneth Cossingham appeared for plaintiff and defendant Casey-Jo Clague appeared pro se. In response to the court's inquiry, Attorney Cossingham reported that Ms. Clague has been arranging financing to purchase the plaintiff's interest in the property. Ms. Clague agreed with this assessment. Accordingly, the court scheduled a further Status Conference for June 8, 2023 at 9:00 a.m., to be held via videoconference, to report on the progress of obtaining financing. Email notice to: Attorney Kenneth Cossingham and Defendant Pro Se Casey-Jo Clague. Hon. Jennifer S.D. Roberts, Presiding
  22. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kenneth Cossingham, Esq. [email protected] Defendant: Casey-Jo Clague [email protected]
  23. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/08/2023 Time: 09:00 AM Email notice to: Attorney Kenneth Cossingham and Pro Se Defendant Casey-Jo Clague.
  24. Event Resulted: Status Conference scheduled on: 06/08/2023 09:00 AM Has been: Held via video. Attorney Kenneth Cossingham appeared for petitioner and respondent Casey-Jo Clague appeared pro se. In response the court's inquiry, Ms. Clague reported that she has secured financing and is ready to close on the acquisition of Mr. Regan's interest in the property. Attorney Cossingham is drafting the deed and arranging for its execution. The parties anticipate that the closing will occur within the next ten days. The court scheduled a further Status Conference for June 20, 2023 at 9:30 a.m., via videoconference, to be held if the closing has not occurred and the case has not been dismissed by that date. Email notice to: Attorney Kenneth Cossingham and Pro Se Respondent Casey-Jo Clague. Hon. Jennifer S.D. Roberts, Presiding
  25. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kenneth Cossingham, Esq. [email protected] Defendant: Casey-Jo Clague [email protected]
  26. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 06/20/2023 Time: 09:30 AM Email notice to: Attorney Kenneth Cossingham and Pro Se Respondent Casey-Jo Clague.
  27. Event Resulted: Status Conference scheduled on: 06/20/2023 09:30 AM Has been: Held via video. Attorney Kenneth Cossingham appeared for plaintiff and defendant Casey-Jo Clague appeared pro se. It being represented to the court by the parties on the record that Ms. Clague has closed on the property and that parties stipulate to the dismissal of this case, this matter is hereby DISMISSED by order of the court pursuant to Mass. R. Civ. P. 41(a)(2). Email notice to: Attorney Kenneth Cossingham and Pro Se Defendant Casey-Jo Clague. Hon. Jennifer S.D. Roberts, Presiding
  28. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kenneth Cossingham, Esq. [email protected] Defendant: Casey-Jo Clague [email protected]

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