Cosel v. Wendt et al
| Molly Cosel |
| William H. Wendt, Dalia K. Wendt and Geoffrey C Wendt |
| 3:2022cv30113 |
| August 23, 2022 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Defendant |
Docket Report
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| Document Text |
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| Filing 31 NOTICE of Appearance by Christopher M Hennessey on behalf of Geoffrey C Wendt (Hennessey, Christopher) |
| Filing 30 Judge Mark G. Mastroianni: ORDER entered. PRELIMINARY INJUNCTION.(Figueroa, Tamara) |
| Filing 29 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 9/30/2022. (Attorneys present via Telephone: Atty LaRochelle, Atty Hennessey, Atty Dew, Atty Pill) Colloquy re: Status of case. Court confirms that Summons as to Geoffrey C. Wendt can be processed for service. Geoffrey C. Wendt is added as the Trustee. Counsel is to file a Notice of Appearance on behalf of Geoffrey C. Wendt. Temporary Restraining Order will be converted to a Preliminary Injunction. A separate Order shall issue. Next Status Conference set for 10/28/2022 at 10:30 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Clerk will provide call-in information to all parties via email prior to hearing. (Court Reporter: Leigh Gershowitz, Email: leighjoeem@gmail.com.) (Rivera, Christina) |
| Filing 28 Judge Mark G. Mastroianni: ORDER entered: PRELIMINARY INJUNCTION. (Rivera, Christina) |
| Filing 27 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #25 Motion for Preliminary Injunction. A separate Order shall issue. (Rivera, Christina) |
| Filing 26 STIPULATION of Dismissal WITH PREJUDICE AS TO WILLIAM H. WENDT AND DALIA K. WENDT by Dalia K. Wendt, Geoffrey C Wendt, William H. Wendt. (Hennessey, Christopher) |
| Filing 25 Assented to MOTION for Preliminary Injunction by Dalia K. Wendt, Geoffrey C Wendt, William H. Wendt. (Attachments: #1 Exhibit Proposed Order)(Hennessey, Christopher) |
| Filing 24 Remark: Clerk has provided call-in information for tomorrow's hearing to all parties via email. (Rivera, Christina) |
| Filing 21 Summons Issued as to Geoffrey C Wendt. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Finn, Mary) |
| Filing 20 ELECTRONIC NOTICE OF RESCHEDULING: Due to Conflict in Court Schedule, the Status Conference previously set for 9/29/2022 is vacated and rescheduled. Status Conference reset for 9/30/2022 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Clerk to provide call-in information one day prior to hearing. (Rivera, Christina) |
| Filing 23 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 22 Transcript of Hearing held on September 14, 2022, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Leigh B. Gershowitz, leighjoeem@gmail.com. Redaction Request due 10/12/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/20/2022. (Coppola, Katelyn) Modified docket entry date on 9/21/2022 to correctly reflect when the transcript was completed (Coppola, Katelyn). |
| Filing 19 Judge Mark G. Mastroianni: ORDER entered granting #13 Motion for TRO. See attached Order. (Zamorski, Michael) |
| Filing 18 Judge Mark G. Mastroianni: ORDER entered. re #6 MOTION for Preliminary Injunction filed by Molly Cosel (Zamorski, Michael) |
| Filing 17 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 9/29/2022 at 2:00 PM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. (Rivera, Christina) |
| Filing 16 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Motion Hearing held on 9/14/2022. (Attorneys present via ZOOM Video: Atty LaRochelle for Plaintiff, Atty Hennessey, Atty Dew, Atty Pill for Deft) Arguments heard re: #6 MOTION for Preliminary Injunction filed by Molly Cosel. Court also hears arguments on Plaintiff's Motion for Temporary Restraining Order. Court allows Preliminary Injunction until the end of October to stop the sale. Court allows the request for a Temporary Restraining Order which is for a duration of 14 days. Defense requests that Court order the Plaintiff to post a Bond under Rule 65. Court denies requests for Plaintiff to post bond. Court will schedule a Status Conference at the end of the 14-day period of TOR as discussed. Defense to file a proposed order for TOR. Plaintiff to respond after. A separate order on each matter shall issue. Notice of hearing to follow. (Court Reporter: Leigh Gershowitz, email: leighjoeem@gmail.com.) (Rivera, Christina) |
| Filing 15 MEMORANDUM in Opposition re #13 MOTION for Temporary Restraining Order filed by Dalia K. Wendt, William H. Wendt. (Attachments: #1 Affidavit of Christopher M. Hennessey, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Hennessey, Christopher) |
| Filing 14 AMENDED COMPLAINT against All Defendants, filed by Molly Cosel.(LaRochelle, Dennis) |
| Filing 13 MOTION for Temporary Restraining Order by Molly Cosel. (Attachments: #1 Affidavit Affidavit of LaRochelle in Support of Motion for Temporary Restraining order)(LaRochelle, Dennis) |
| Filing 12 ELECTRONIC NOTICE Setting Hearing on Motion: #6 MOTION for Preliminary Injunction : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 9/14/2022 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. (Rivera, Christina) |
| Filing 11 MEMORANDUM in Opposition re #6 MOTION for Preliminary Injunction filed by Dalia K. Wendt, William H. Wendt. (Attachments: #1 Affidavit of William Wendt, #2 Affidavit of Cindy Weber, #3 Affidavit of Christopher M. Hennessey, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19)(Hennessey, Christopher) |
| Filing 10 ANSWER to Complaint with Jury Demand by Dalia K. Wendt, William H. Wendt.(Hennessey, Christopher) |
| Filing 9 STATE COURT Record Dalia K. Wendt summons served on 8/23/2022, answer due 9/13/2022; William H. Wendt summons served on 8/23/2022, answer due 9/13/2022.. (Dew, John) |
| Filing 8 ELECTRONIC NOTICE of Case RE-Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Finn, Mary) |
| Filing 7 MEMORANDUM in Support re #6 MOTION for Preliminary Injunction filed by Molly Cosel. (LaRochelle, Dennis) |
| Filing 6 MOTION for Preliminary Injunction by Molly Cosel. (Attachments: #1 Proposed Preliminary Injunction, #2 Affidavit Affidavit of Dennis LaRochelle, #3 Affidavit Exhibit 1 to Affidavit, #4 Affidavit Exhibit 2 to Affidavit, #5 Affidavit Exhibit 3 to Affidavit, #6 Affidavit Exhibit 4 to Affidavit, #7 Affidavit Exhibit 5 to Affidavit, #8 Affidavit Exhibit 6 to Affidavit, #9 Affidavit Exhibit 7 to Affidavit, #10 Affidavit Exhibit 8 to Affidavit, #11 Affidavit Exhibit 9 to Affidavit, #12 Affidavit Exhibit 10 to Affidavit)(LaRochelle, Dennis) Modified on 8/26/2022 Attachment 3 sealed due to containing confidential information. (Finn, Mary). |
| Filing 5 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Healy, Bethaney) |
| Filing 4 NOTICE of Appearance by Michael Pill on behalf of Dalia K. Wendt, William H. Wendt (Pill, Michael) |
| Filing 3 NOTICE of Appearance by Christopher M. Hennessey on behalf of Dalia K. Wendt, William H. Wendt (Hennessey, Christopher) |
| Filing 2 NOTICE of Appearance by John F. Dew on behalf of Dalia K. Wendt, William H. Wendt (Dew, John) |
| Filing 1 NOTICE OF REMOVAL by Dalia K. Wendt, William H. Wendt ( Filing fee: $ 402, receipt number AMADC-9464325 Fee Status: Filing Fee paid) (Attachments: #1 State Court Complaint, #2 Service of Summons to William H. Wendt, #3 Service of Summons to Dalia K. Wendt, #4 Civil Cover Sheet for Notice of Removal, #5 Category Form)(Hennessey, Christopher) |
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