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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-08
Status Open
Type Auto Surcharge Appeal
Docket 46 entries

Parties

Plaintiff Chaya, Jr., George M
Defendant Board Of Appeal On Motor Vehicle Liability Policies And Bonds|The Standard Fire Insurance Company

Lawyers

Docket Entries

  1. JUDGMENT on the Pleadings entered: After hearing and consideration thereof; It is ORDERED and ADJUDGED: After hearing and consideration thereof; that the decision of the Defendant, Board of Appeal on Motor Vehicle Liability Policies and Bonds is AFFIRMED. It is also ORDERED and ADJUDGED that the Complaint of Plaintiff, George M. Chaya, Jr., against Defendant, Board of Appeal on Motor Vehicle Liability Policies and Bonds, be and HEREBY IS DISMISSED.
  2. Complaint electronically filed.
  3. Exhibits/Appendix
  4. Civil action cover sheet filed.
  5. Case assigned to: DCM Track X - Accelerated was added on 12/08/2022
  6. Service Returned for Defendant Board of Appeal on Motor Vehicle Liability Policies and Bonds: Service through person in charge / agent;
  7. Amended: First amended complaint filed by George M Chaya, Jr.
  8. Exhibits/Appendix
  9. Civil action cover sheet filed. Amended
  10. Summons, returned SERVED Applies To: Board of Appeal on Motor Vehicle Liability Policies and Bonds (Defendant)
  11. Service Returned for Defendant The Standard Fire Insurance Company: Service through person in charge / agent Shelley Kurpaska at 225 Asylum Street, 20th Floor, Harford, CT 06183.
  12. George M Chaya, Jr.'s request for Default 55(a) Applies To: Chaya, Esq., Mansour M (Attorney) on behalf of Chaya, Jr., George M (Plaintiff)
  13. Entered as to: Defendant Board of Appeal on Motor Vehicle Liability Policies and Bonds: Defaulted by 55(a) request >>>>>>>>>>>VACATED<<<<<<<<<<<<<<<<<<< >>>>>>>>>>>SEE DOCKET ENTRY ON 5/15/23<<<<<<<<<<<<
  14. Entered as to: Defendant The Standard Fire Insurance Company: Defaulted by 55(a) request
  15. Document: A Default order Mass. R. Civ. P. 55(a) was generated and sent to: Plaintiff, Attorney: Mansour M Chaya, Esq. Foster, Walker and Di Marco, P.C. 350 Main St Third Floor, Malden, MA 02148
  16. Document: A Default order Mass. R. Civ. P. 55(a) was generated and sent to: Plaintiff, Attorney: Mansour M Chaya, Esq. Foster, Walker and Di Marco, P.C. 350 Main St Third Floor, Malden, MA 02148
  17. Party status: Defendant The Standard Fire Insurance Company: Dismissed;
  18. Attorney appearance electronically filed. Applies To: Carducci, Esq., Logan A (Attorney) on behalf of The Standard Fire Insurance Company (Defendant)
  19. Plaintiff George M Chaya, Jr.'s Application for Entry of Default Judgment Against Defendant Board of Appeal on Motor Vehicle Liability Polices and Bonds (Rule 55(b)(2))
  20. Affidavit of Non-Military Service on Application for Default Judgment Applies To: Chaya, Jr., George M (Plaintiff)
  21. Docket Note: Default was erroneously entered as to Defendant Board of Appeal on Motor Vehicle Liability Policies and Bonds as this is a M.G.L. ch. 30A administrative appeal and the state agency/dept. defendant has ninety (90) days, which has not passed since they were served on 3/6/23, to submit the administrative record as their answer to the complaint. Default as to Defendant Board of Appeal will be administratively VACATED. Further, no action will be taken on Plaintiff George M Chaya, Jr.'s Application for Entry of Default Judgment Against Defendant Board of Appeal on Motor Vehicle Liability Polices and Bonds (Rule 55(b)(2)) [#11].
  22. Defendant Board of Appeal on Motor Vehicle Liability Policies and Bonds's Notice of Waiver of Oral Argument
  23. Administrative record filed: Applies To: Board of Appeal on Motor Vehicle Liability Policies and Bonds (Defendant)
  24. Administrative record filed: Supplemental Applies To: Board of Appeal on Motor Vehicle Liability Policies and Bonds (Defendant)
  25. Attorney appearance electronically filed.
  26. Defendant The Standard Fire Insurance Company's Motion to dismiss all counts and Set Aside Entry of Default
  27. The Standard Fire Insurance Company's Memorandum in support of Motion to Set Aside Default and Motion to Dismiss
  28. Affidavit of Logan A. Carducci in Support of Motion to Set Aside Entry of Default and Motion to Dismiss
  29. Opposition to defendant the standard Fire Insurance Company's Motion to Dismiss and Assent to Motion for removal of default filed by George M Chaya, Jr.
  30. Affidavit of compliance with Superior Court Rule 9A Applies To: Fabella, Esq., Justin Mark (Attorney) on behalf of The Standard Fire Insurance Company (Defendant)
  31. Rule 9A notice of filing
  32. Certificate of service of attorney or Pro Se: Justin Mark Fabella, Esq.
  33. Event Result:: Motion Hearing scheduled on: 08/22/2023 02:00 PM Has been: Held as Scheduled Hon. C. William Barrett, Presiding Staff: Debra Vernava, Assistant Clerk Magistrate
  34. Endorsement on Motion to Defendant The Standard Fire Insurance Company's Motion to Set Aside Entry of Default and Motion to Dismiss (#15.0): ALLOWED After hearing the motion to dismiss is ALLOWED. The Plaintiff has not made any factual allegations in the complaint that would support a cause of action against the Standard Fire Insurance Company. In addition, this is a 30A action and there is no mechanism to add Standard Fire Insurance as a Defendant. Judge: Barrett, Hon. C. William
  35. Withdrawal of Attorney appearance electronically filed. Applies To: Foster, Esq., Jennifer Martin (Attorney) on behalf of Chaya, Jr., George M (Plaintiff)
  36. Plaintiff George M Chaya, Jr.'s Motion for continuance and to extend the tracking order deadline with certificate of service
  37. Affidavit of compliance with Superior Court Rule 9A Applies To: Chaya, Esq., Mansour M (Attorney) on behalf of Chaya, Jr., George M (Plaintiff)
  38. Attorney appearance/withdrawal electronically filed. Applies To: Marks, Esq., David R (Attorney) on behalf of Board of Appeal on Motor Vehicle Liability Policies and Bonds (Defendant); Martland, Esq., Douglas Shreve (Attorney) on behalf of Board of Appeal on Motor Vehicle Liability Policies and Bonds (Defendant)
  39. Endorsement on Motion for continuance and to extend the tracking order deadline (#17.0): After review, the court takes no action on the plaintiffs' motion, but orders the plaintiff to comply with Superior Court Rule 9A, if the plaintiff intends to pursue this motion. A status conference shall be scheduled once the motion is properly served and filed. No Action Taken
  40. Plaintiff George M Chaya, Jr.'s Motion for judgment on the pleadings MRCP 12(c)
  41. Defendant Board of Appeal on Motor Vehicle Liability Policies and Bonds's Response to plaintiff's motion for judgment on the pleadings
  42. Affidavit of compliance with Superior Court Rule 9A Applies To: Chaya, Esq., Mansour M (Attorney) on behalf of Chaya, Jr., George M (Plaintiff)
  43. Rule 9A notice of filing
  44. Certificate of service of attorney or Pro Se: Mansour M Chaya, Esq.
  45. Matter taken under advisement: Hearing for Judgment on Pleading scheduled on: 05/09/2024 02:00 PM Has been: Held - Under advisement Comments: Hearing for Judgment on the Pleadings Hon. Lynn C Rooney, Presiding Staff: Debra Vernava, Assistant Clerk Magistrate
  46. ORDER: COURT ORDER FOLLOWING REVIEW PURSUANT TO G.L. c. 30A, sec 14 ...Upon review of the administrative record, and mindful of the due weight that must be given to the Board of Appeals, I find that the decision was supported by substantial evidence and not arbitrary or capricious and thus the decision is AFFIRMED. (For full text see scanned image)

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