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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-01-25
Status Closed
Type Lvt Affirm Tax Foreclosure Land Of Low Value, G.l. Chapter 60, 80 B
Docket 91 entries
Disposition judgment entered

Parties

Plaintiff D G Custom Homes, Llc|Felix, Mark S.|D G Custom Homes Llc, As Trustee Of The Aspen Heights Condominium Trust|Dua, Vedika|Felix, Mark S|Jain, Puja|Jain, Anil
Defendant Town Of Maynard|Cabot, Jr., Harold|Cipolla, Lucia|Cabot, Daniel|Eveleth (heirs, Etc.), Fannie E.|Girouard, Richard Todd|Isom, Cathy|Cipolla, Robert|Hayman, Lucia|Unknown Heirs, Devisees And Legal Represetatives Of Fannie E. Eveleth|Unknown Heirs, Devisees And Legal Representatives Of Lucia Cipolla|Unknown Heirs Of Adeline (eveleth) Cabot|Mortgage Electronic Registrations Systems, Inc.,

Lawyers

Docket Entries

  1. Default and Agreed Judgment entered. (Copies emailed to Attorneys Shannon Slaughter, Kaleena Machado, Michael Kennefick, Jason Talerman, Lucas Marchifrazier, and Daniel Murphy, and mailed via USPS to Pro Se Respondents Daniel Cabot and Cathy Isom) Judge: Vhay, Hon. Michael D.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 427929 Date: 01/25/2022
  4. Land Court surcharge Receipt: 427929 Date: 01/25/2022
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent.
  7. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 02/28/2022 Time: 11:30 AM
  8. Motion for Service by Publication, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  9. Affidavit of Diligent Search, filed.
  10. Citation by publication in the Beacon Villager, returnable 03/28/2022, issued.
  11. Summons returned to Court with service on Daniel Cabot filed. To wit, by delivering in hand to Daniel Cabot at 30 Middle Road West Tisbury, MA 02575.
  12. Summons returned to Court with service on Town of Maynard filed.
  13. Case Management Conference Statement, filed.
  14. Proof of Publication, filed.
  15. Event Resulted: Case Management Conference scheduled on: 02/28/2022 11:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  16. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  17. Telephonic case management conference and initial intervention event held. Plaintiffs appeared through counsel. No other parties appeared. After hearing from plaintiffs' counsel, the Court ORDERS plaintiffs to file by April 8, 2022, a status report on their efforts to serve Lucia Cipolla and Harold Cabot, Jr. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  18. Petitioners' Motion to Accept Service of Heirs, Devisees and Legal Representatives of Lucia Cipolla as Complete, filed.
  19. Petitioners' First Amended Petition to Establish Title, filed.
  20. The Court has reviewed, and DENIES, DG Custom Homes's motion to declare that DG has served by publication the unknown heirs of Lucia Cipolla. DG's prior published notice addressed itself to "Fannie E. Eveleth, deceased, . . . Adeline (Eveleth) Cabot, deceased, . . . or their heirs, devisees, legal representatives, successors or assigns." That notice doesn't mention Lucia Cipolla, let alone state that she's deceased. The prior notice thus would not inform the "unknown heirs of Lucia Cipolla" that they need to appear in this action. The Court thus ORDERS DG to file by April 8, 2022, (a) returns of service on those named as defendants in DG's First Amended Petition to Establish Title (unless a return has been filed previously), and (b) a report on DG's efforts to serve any defendant for whom DG hasn't received a return by that date. The Court VACATES the third sentence of its March 1, 2022 order in this matter. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
  21. Acknowledgement and Acceptance of Service and Assent to Requested Relief of Daniel Cabot, filed.
  22. Summons returned to Court with service on Lucia Hayman filed.
  23. Summons returned to Court with service on Robert Cipolla filed.
  24. Summons returned to Court with service on Richard Todd Girouard filed.
  25. Plaintiffs' Request for Entry of Default Pursuant to Mass. R. Civ. P. 55(a) (Lucia Hayman), filed.
  26. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Lucia Hayman, filed.
  27. Plaintiffs' Status Report on Service, filed.
  28. Motion for Service by Publication, filed and ALLOWED as to the unknown heirs and devisees of Lucia Cipolla (Vhay, J.). Notice of Docket Entry sent to counsel of record and Leo Bieler by email.
  29. Affidavit of Diligent Search, filed.
  30. The Court has reviewed Plaintiff's Status Report on Service. The Court ORDERS Plaintiff to file by May 6, 2022, returns of service on defendants Isom and Harold Cabot, Jr., or a further status report on Plaintiff's efforts to serve those defendants. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] null: File Copy Sent On: 04/07/2022 08:38:42
  31. Citation by publication in the Beacon Villager, returnable 05/23/2022, issued.
  32. Acknowledgement and Acceptance of Service and Assent to Requested Relief of Cathy Isom, filed.
  33. Summons returned to Court with service on Harold Cabot, Jr. filed.
  34. The Court has received, and GRANTS, DG Custom Homes's motion for entry of default against defendant Lucia Hayman. The Court further DIRECTS the Recorder to enter the defaults of defendants Town of Maynard, Harold Cabot, Jr., the Unknown Heirs of Fannie Eveleth, Robert Cipolla, and the Unknown Heirs of Adeline (Eveleth) Cabot. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 null: File Copy Sent On: 04/21/2022 11:32:21
  35. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Town of Maynard, Harold Cabot, Jr., Unknown Heirs, Devisees and Legal Represetatives of Fannie E. Eveleth, Robert Cipolla, Unknown heirs of Adeline (Eveleth) Cabot, filed.
  36. On March 28, 2022, DG Custom Home filed a return of service on defendant Richard Girouard. The part of the return that describes what DG Custom Home sent to Girouard, however, is blank. DG Custom Home also attached to the return an image of a receipt of a package, purportedly sent via Federal Express, to Girouard's purported address in Washington state. For these reasons, the return appears not to establish proper service on Girouard. The Court ORDERS DG Custom Home to file by May 6, 2022, either (a) a memorandum (which may be accompanied by an affidavit or other admissible proof) explaining why the return demonstrates valid service on Girouard under Massachusetts law; or (b) a report on how DG Customer Home intends to achieve proper service on Girouard. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 null: File Copy Sent On: 04/26/2022 15:56:28
  37. Assented to Motion to Vacate Default as to the Town of Maynard, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  38. Acknowledgement and Acceptance of Service and Assent to Requested Relief of Town of Maynard, filed.
  39. Motion to Accept Return of Service on Richard Todd Girouard, filed
  40. Affidavit of Service on Richard Girouard, filed.
  41. The Court has reviewed, and DENIES, DG Custom Homes's Motion to Accept Return of Service on Richard Todd Girouard. DG contends that serving Mr. Girouard by Federal Express, with a signature acknowledging delivery, constitutes service that complies with G.L. c. 223A, sec. 6(a)(3). That statute allows service "by any form of mail addressed to the person to be served and requiring a signed receipt." (Emphasis added.) DG has identified no Massachusetts cases that hold that Federal Express is a form of "mail." The Court has found no decisions construing the term under sec. 6(a)(3) or the Massachusetts Rules of Civil Procedure, but Shuman v. The Stanley Works, 30 Mass. App. Ct. 951, 952-953 (1991), holds that where there are no controlling decisions concerning principles of Massachusetts civil procedure, federal decisions are instructive. The view of the majority of federal circuits is that Federal Express is not "mail" for purposes of serving summonses and complaints under the federal rules. See Magnuson v. Video Yesteryear, 85 F.3d 1424, 1429-1431 (9th Cir. 1996) (discussing cases). Hence, absent proof that Mr. Girouard assented to service via Federal Express of process in cases such as this one, DG hasn't yet served Girouard properly. The Court ORDERS DG to re-serve Girouard properly, and file a return of service, or a status report on such service, by May 23, 2022. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 null: File Copy Sent On: 05/03/2022 15:10:00
  42. Plaintiffs' Status Report on Service (Richard Todd Girouard), filed.
  43. Return of Service - Proof of Publication, filed.
  44. Motion for Approval of Alternate Return of Service, filed.
  45. Affidavit of Service on Richard Todd Girouard, filed.
  46. The Court has reviewed, and GRANTS, DG Custom's motion to accept alternate return of service, owing to (a) USPS's tracking information showing delivery to defendant Richard Girouard and (b) his signature on a separate Federal Express package containing a summons and complaint. The Court DIRECTS the Recorder to enter Mr. Girouard's default in this action. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] null: File Copy Sent On: 05/20/2022 12:46:25
  47. Defendant Richard Todd Girouard defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  48. The Court DIRECTS the Recorder to enter the default of defendants the Unknown Heirs and Devisees of Lucia Cipolla in this action. The Court ORDERS DG Custom Home to file by June 17, 2022, a suitable motion for entry of a default judgment as to the defaulted defendants, and an agreed or assented-to judgment as to the defendants who've appeared in the case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 null: File Copy Sent On: 05/27/2022 11:45:03
  49. Petitioners' Motion for Entry of Judgment and Default Judgment, filed.
  50. Memorandum in Support of Petitioners' Motion for Entry of Judgment and Default Judgment, filed.
  51. Proposed Judgment and Order, filed.
  52. Order issued. (Copies emailed to Attorneys Shannon Slaughter, Kaleena Machado, Michael Kennefick, and Jason Talerman; mailed to Pro Se Respondents Daniel Cabot and Cathy Isom) Judge: Vhay, Hon. Michael D.
  53. Email from Attorney Kaleena Machado, received: "Would it be possible to schedule a status conference to discuss this case with Judge Vhay? Shall I file an official request, or are you able to schedule that based on this email? I've reviewed his decision on my 55b motion, and have revised it accordingly. However, I have some questions regarding how he would prefer to see us proceed, as far as possibly adding a plaintiff and defendant, re-serving since we had published, etc."
  54. DG Custom Homes has requested a status conference in this case. The Court GRANTS the motion and ORDERS DG to appear on July 27, 2022, at 12:15 PM, by telephone, for a status conference. The Court STAYS its order of June 15, 2022. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 null: File Copy Sent On: 06/28/2022 15:06:21
  55. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 07/27/2022 Time: 12:15 PM
  56. Event Resulted: Telephone Conference Call scheduled on: 07/27/2022 12:15 PM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  57. Telephonic status conference held. Plaintiffs appeared through counsel. No other parties appeared. At the conference, Plaintiff moved to add (1) D G Custom Homes LLC, as trustee of the Aspen Heights Condominium Trust, as an additional plaintiff and (2) MERS as an additional defendant. The Court GRANTS the motion to add both parties and ORDERS all Plaintiffs to (1) serve a copy of this order and the current complaint on MERS and (2) file a return of service with the Court by August 26, 2022. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Sent On: 07/27/2022 14:01:21
  58. Affidavit of Service on Mortgage Electronic Registration Systems Inc., as Nominee for First Internet Bank of Indiana, filed.
  59. The Court DIRECTS the Recorder to enter the default of defendant Mortgage Electronic Registration Systems, Inc. in this action. The Court ORDERS DG Custom Homes to file by September 14, 2022, a suitable, fully supported 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: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 Sent On: 08/31/2022 09:39:27
  60. Defendant Mortgage Electronic Registration Systems defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  61. Motion to Vacate Default as to Mortgage Electronic Registration Systems, Inc., filed.
  62. Appearance of Lucas P Marchifrazier, Esq. for Mortgage Electronic Registration Systems, Inc. as Nominee for First Internet Bank of Indiana, filed
  63. Acknowledgement and Acceptance of Service and Assent to Requested Relief of MERS, filed.
  64. Petitioners' Renewed Motion for Entry of Judgment and Default Judgment, filed.
  65. Memorandum in Support of Petitioners' Renewed Motion for Entry of Judgment and Default Judgment, filed.
  66. Proposed Judgment and Order, filed.
  67. The Court has received, and GRANTS, the Motion to Vacate MERS's Default. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 Sent On: 08/31/2022 13:55:02
  68. The Court has reviewed Plaintiffs' Renewed Motion for Entry of Default Judgment. While the Renewed Motion rests on an amended petition that now includes all parties having an interest in Plaintiffs' claims, and while the Renewed Motion also provides the substantive materials that were missing from Plaintiffs' prior motion, see order of June 15, 2022, the Renewed Motion still lacks two things that Plaintiffs omitted from their prior motion. Quoting the June 15 order: "First, Rule 55(b)(2) allows a court to enter a default judgment only against such persons who are not 'an infant or incompetent person or an incapacitated person as defined in G.L. c. 190B unless represented in the action by a guardian, conservator, or other such representative who has appeared therein.' Plaintiffs' motion provides no admissible information concerning the four defaulted individual defendants in this case. Second, Rule 55(b)(4) requires the moving party to file an affidavit with respect to each defaulted individual an affidavit concerning his or her possible entitlement to relief under the Servicemembers Civil Relief Act. Plaintiffs haven't filed the required affidavit." The Court ORDERS Plaintiffs to file the missing materials by September 16, 2022. The Court also has two questions about the relief Plaintiffs seek. First, they ask the Court to reform Exhibit A to the Condominium's Master Deed to correct its description of Parcel 2. Plaintiffs allege that the current description has two calls that are 25 feet, when they both should be 35 feet. That's all that Plaintiffs have asked the Court to correct in Exhibit A. It appears, however, that even if the Court corrects those two calls, the remainder of Exhibit A's description of Parcel 2 would still leave the reader wondering if DG Custom Homes intended to subject to the Master Deed only a portion of what it obtained in the 2018 Release Deed. Second, Plaintiffs seek declarations that each Plaintiff has "marketable title" with respect to the Units each owns in the Condominium. It's unclear what those declarations gain Plaintiffs, vis a vis the named Defendants in this case, if the Court grants the other relief Plaintiffs seek. (Any declaration concerning "marketable title" would bind only Defendants: this is not a registration case.) The Court ORDERS Plaintiffs to file by September 16, 2022, a supplemental memorandum addressing these two issues. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 Sent On: 09/06/2022 15:48:36
  69. Supplemental Memorandum, filed.
  70. The Court has read Petitioners' Supplemental Memorandum. In light of the memorandum, the Court DENIES Petitioners' renewed motion for entry of a default and an assented-to judgment. The Court ORDERS Petitioners to move by September 29, 2022, to amend their complaint. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 Sent On: 09/16/2022 08:18:43
  71. Petitioners' Motion for Leave to File Second Amended Petition, filed.
  72. (Proposed) Petitioners' Second Amended Petition to Establish Title, filed.
  73. The Court has received Petitioners' Motion for Leave to File Second Amended Petition. The Court ORDERS the parties to file by October 4, 2022, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 Sent On: 09/27/2022 09:17:45
  74. Without opposition, the Court GRANTS Plaintiffs' motion to amend their complaint. The Court ORDERS Plaintiffs to file by November 4, 2022, a return of service on defendant Mortgage Electronic Registrations Systems, Inc., as nominee for CBC National Bank Mortgage, or a status report on Plaintiffs' efforts to serve that defendant. The Court further ORDERS Plaintiffs to (a) serve on all of the other defendants, including those who have been defaulted (with the exception of those served by publication), by October 14, 2022, a copy of their Second Amended Petition to Establish Title; and (b) file by October 21, 2022, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Defendant: Daniel Cabot 30 Middle Road, West Tisbury, MA 02575 Defendant: Cathy Isom 4523 Chateau Drive, San Diego, CA 92117 Sent On: 10/06/2022 14:18:41
  75. Certificate of Service (Second Amended Petition), filed.
  76. Affidavit of Service on Mortgage Electronic Registration Systems Inc., as Nominee for CBC National Bank Mortgage, a Division of First Federal Bank, filed.
  77. On October 17, 2022, Plaintiffs filed a return of service on new defendant MERS, as nominee for CBC National Bank Mortgage. Plaintiffs attempted service on MERS via certified mail, addressed to MERS in Illinois. The green card attached to the return doesn't indicate that Plaintiffs addressed the mailing to anyone in particular at MERS. Unless such service is authorized under Illinois law, see Rule 4(e)(2), a party may serve an out-of-state corporation by registered mail only if the mailing is addressed "to an officer, to a managing or general agent, or to the person in charge of the business at the principal place of business thereof ." Rules 4(d)(2) and 4(e)(1). The Court thus ORDERS Plaintiffs to file by December 2, 2022, either a return of service on MERS, as nominee for CBC National Bank Mortgage, that shows compliance with Rule 4 or a memorandum demonstrating that such service that's occurred so far complies with Illinois service rules "in an action in any of its courts of general jurisdiction ." SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Sent On: 11/08/2022 10:00:30
  78. Summons returned to Court with service on Mortgage Electronic Registrations Systems, Inc., as Nominee for CBC National Bank Mortgage, a division of First Federal Bank filed.
  79. The Court DIRECTS the Recorder to enter the default of defendant Mortgage Electronic Registrations Systems, Inc., as Nominee for CBC National Bank Mortgage, a division of First Federal Bank, in this matter. The Court ORDERS Plaintiffs to file by December 22, 2022, a suitable renewed motion under Rule 55(b), Mass. R. Civ. P., and a suitable renewed motion for entry of an assented-to judgment. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Sent On: 12/08/2022 12:51:10
  80. Defendant Mortgage Electronic Registrations Systems, Inc., as Nominee for CBC National Bank Mortgage, a division of First Federal Bank defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  81. Appearance of Daniel P Murphy, Esq. for Mortgage Electronic Registrations Systems, Inc., as Nominee for CBC National Bank Mortgage, a division of First Federal Bank, filed
  82. Assented to Motion to Vacate Default and for Leave of Court to File Late Answer, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  83. Petitioners' Assented to Motion for Entry of Judgment and Default Judgment on Second Amended Complaint, filed.
  84. Memorandum in Support of Petitioners' Assented to Motion for Entry of Judgment and Default Judgment, filed.
  85. (Proposed) Judgment and Order, filed.
  86. Affidavit of Kaleena Machado, filed.
  87. The Court has received Plaintiffs' motion for entry of judgment. The Court ORDERS the parties to appear by telephone on February 6, 2023, at 11:45 AM, for a hearing on the motion. A separate hearing notice will issue. The Court ORDERS Plaintiffs to serve each of the defaulted defendants with a copy of Plaintiffs' motion, all supporting papers, and the hearing notice promptly, but by no later than January 27, 2023. The Court ORDERS Plaintiffs to file by February 1, 2023, a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Sent On: 01/12/2023 14:40:35
  88. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 02/06/2023 Time: 11:45 AM
  89. Certificate of Service - Notice of Hearing, filed.
  90. Event Resulted: Hearing scheduled on: 02/06/2023 11:45 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  91. Telephonic hearing held on plaintiffs' motion for entry of judgment. Plaintiffs and MERS appeared through counsel. No other parties appeared. Without objection, the Court ALLOWS the motion. The Court will send a draft judgment to Plaintiffs. The Court ORDERS Plaintiffs to submit any comments on the draft judgment by February 10, 2023. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kaleena Machado, Esq. [email protected] Plaintiff: Shannon F Slaughter, Esq. [email protected] Defendant: Jason Redlo Talerman, Esq. [email protected] Defendant: Michael James Kennefick, Esq. [email protected] Defendant: Lucas P Marchifrazier, Esq. [email protected] Defendant: Daniel P Murphy, Esq. [email protected] Sent On: 02/06/2023 12:36:41

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