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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-01-25
Status Closed
Type Ota Other
Docket 42 entries
Disposition judgment entered

Parties

Plaintiff Deutsche Bank National Trust Company As
Defendant Mellado, Vilma L.|Giber Mellado Aquilar, Colex|Mellado Aquilar, Reyna Karina|Mellado Aquilar, Jacqueline

Lawyers

Docket Entries

  1. Default Judgment (Mass. R. Civ. P. 55(b)) entered. (Copies emailed to Attorneys John Donnelly and Mark Johnson) Judge: Smith, Hon. Kevin T.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 427951 Date: 01/25/2022
  4. Land Court surcharge Receipt: 427951 Date: 01/25/2022
  5. Land Court summons Receipt: 427951 Date: 01/25/2022
  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: Mark B Johnson, Esq. [email protected] Plaintiff: Patrick Michael Groulx, Esq. [email protected] Plaintiff: Pamela M Coufos, Esq. [email protected] Defendant: Vilma L. Mellado also known as Vilma L. Mellado Aguilar No addresses available Defendant: Colex Giber Mellado Aquilar No addresses available Defendant: Reyna Karina Mellado Aquilar No addresses available Defendant: Jacqueline Mellado Aquilar No addresses available null: File Copy Sent On: 02/09/2022 11:22:12
  8. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 03/22/2022 Time: 02:00 PM
  9. Summons returned to Court with service on Reyna Karina Mellado Aquilar filed. Green card delivered on 3/1/22.
  10. Summons returned to Court with service on Vilma L. Mellado also known as Vilma L. Mellado Aguilar filed. Left at last and usual place of abode on February 17, 2022.
  11. Summons returned to Court with service on Jacqueline Mellado Aquilar filed. left at last and usual place of abode on February 17, 2022.
  12. Summons returned to Court with service on Colex Giber Mellado Aquilar filed. Left at last and usual place of abode on March 1, 2022.
  13. Case Management Conference Statement, filed (by email).
  14. Event Resulted: Case Management Conference scheduled on: 03/22/2022 02:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding March 22, 2022. Case management conference held by videoconference. Attorneys Patrick M. Groulx and Pamela M. Coufos appeared for the plaintiff. No other party appeared. The plaintiff has brought this action seeking declaratory judgment, equitable subrogation of a mortgage, and reformation of a deed to the subject property in the town of Clinton. Attorney Groulx represented that the plaintiff has effected service of process on three defendants. Counsel will attempt to locate and serve remaining defendant Reyna Karina Mellado Aguilar. If, following return dates of service, no defendant appears or answers within the time for doing so, then plaintiff to file motion for alternative service by publication along with affidavit(s) of diligent search and supporting documents. The court scheduled further status conference to be held by videoconference at 2:30 p.m. on April 26, 2022. (Smith, J.).
  15. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/26/2022 Time: 02:30 PM
  16. Summons returned to Court with service on Reyna Karina Mellado Aquilar filed. Delivered by first class mail to the last and usual place of abode on April 3, 2022
  17. Event Resulted: Status Conference scheduled on: 04/26/2022 02:30 PM Has been: Held via video Hon. Kevin T. Smith, Presiding April 26, 2022. Status conference held by videoconference. Attorneys Patrick M. Groulx and Pamela M. Coufos appeared for the plaintiff. No other party appeared. Attorney Groulx represented that the plaintiff has located and served defendant Reyna Karina Mellado Aguilar. The court discussed the legal basis for the plaintiff's claim for equitable subrogation of its mortgage or reformation of the deed into Vilma L. Mellado and her late husband as alleged in the plaintiff's complaint. Counsel will review the legal basis for the plaintiff's claims and also try to contact one or more of the defendants. Counsel to provide a written status update to the court by no later than Thursday June 30, 2022, at which time the court will set further status conference or review the plaintiff schedule to resolve this case. (Smith, J.).
  18. Withdrawal of Pamela M Coufos, Esq. for Deutsche Bank National Trust Company as Trustee for GSAA Home Equity Trust 2005-10 Asset-Backed Certificates, Series 2005-10, filed
  19. Appearance of Allison L Colton, Esq. for Deutsche Bank National Trust Company as Trustee for GSAA Home Equity Trust 2005-10 Asset-Backed Certificates, Series 2005-10, filed
  20. Plaintiff Status Report, filed (by email).
  21. Withdrawal of Allison L Colton, Esq. for Deutsche Bank National Trust Company as Trustee for GSAA Home Equity Trust 2005-10 Asset-Backed Certificates, Series 2005-10, filed
  22. Motion for Rule 16 Conference, filed.
  23. Motion for Rule 16 Conference ALLOWED (Smith, J.). Judge: Smith, Hon. Kevin T.
  24. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 12/02/2022 Time: 10:00 AM
  25. Event Resulted: Status Conference scheduled on: 12/02/2022 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding December 2, 2022. Status conference held via videoconference. Attorney Patrick Groulx appeared for the plaintiff. No other party appeared. Attorney Groulx informed the court that his efforts to locate party-defendant Ms. Mellado have been unsuccessful and asked the court's preference on how to proceed. The court indicated that, due to Ms. Mellado's children's ownership interest in the property, the plaintiff should make further efforts to contact the children. Following colloquy, there was agreement that Attorney Groulx will file a motion for service by publication. If, following service by publication, none of the children appear to defend their property interest in this case, Attorney Groulx will file a request for entry of default pursuant to Mass. R. Civ. P. 55(a) and a motion for default judgment pursuant to Mass. R. Civ. P. 55(b). The court will schedule a status conference only at the request of Attorney Groulx, or if otherwise necessary. (Smith, J.).
  26. Summons returned to Court with service on Vilma L. Mellado also known as Vilma L. Mellado Aguilar filed.
  27. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Vilma L. Mellado also known as Vilma L. Mellado Aguilar, Colex Giber Mellado Aquilar, Reyna Karina Mellado Aquilar, Jacqueline Mellado Aquilar, filed.
  28. Request for Entry of Default, ALLOWED (Smith, J.).
  29. Defendant Vilma L. Mellado also known as Vilma L. Mellado Aguilar, Colex Giber Mellado Aquilar, Reyna Karina Mellado Aquilar, Jacqueline Mellado Aquilar defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  30. Plaintiff's Motion for Entry of Judgment pursuant to Mass. R. Civ.P. 55(b)(2), filed.
  31. Memorandum in support of the Plaintiff's Motion for Entry of Judgment pursuant to Mass. R. Civ.P. 55(b)(2), filed.
  32. Motion for Default Judgment Pursuant to 55(b), filed.
  33. Memorandum of Law in Support of Motion for Default Judgment Pursuant to 55(b), filed.
  34. Proposed Judgment in Support of Plaintiff's Motion for Default Judgment Pursuant to 55(b), filed.
  35. Scheduled Judge: Smith, Hon. Kevin T. Event: Hearing Date: 06/05/2023 Time: 10:15 AM (via videoconference)
  36. Withdrawal of Patrick Michael Groulx, Esq. for Deutsche Bank National Trust Company as Trustee for GSAA Home Equity Trust 2005-10 Asset-Backed Certificates, Series 2005-10, filed
  37. Appearance of John M Donnelly, Esq. for Deutsche Bank National Trust Company as Trustee for GSAA Home Equity Trust 2005-10 Asset-Backed Certificates, Series 2005-10, filed
  38. Event Resulted: Hearing on the Petitioner's Motion for Default Judgment scheduled on: 06/05/2023 10:15 AM Has been: Held in person. Attorney John M. Donnelly appeared on behalf of the petitioner. Attorney Donnelly argued in support of the motion for default judgment. Following argument, the court instructed the petitioner to provide supplemental material that swears to the accuracy of the facts alleged in the complaint, as well as the documents provided. Following the court's review of the supplemental material, the court will determine whether a hearing is necessary. Email notice to: Attorney John M. Donnelly. Hon. Kevin T. Smith, Presiding
  39. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: John M Donnelly, Esq. [email protected] Plaintiff: Mark B Johnson, Esq. [email protected]
  40. Supplemental Memorandum in support of Plaintiff's Motion for Default Judgment, filed.
  41. Affidavit of John M. Donnelly, filed.
  42. Affidavit of Tanner Martin, filed.

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