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Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Case Last Refreshed: 10 months ago

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Desmarais, Donald, filed a(n) Liens - Creditor case represented by Lafortune, Esq., Steven Martin, against Burgess-Maier, Andrew, Burgess-Maier, Barbara, Salvation Army, represented by Gibson, Esq., Daniel J, Sarrouf, Jr., Esq., Camille F, in the jurisdiction of Essex County, MA, . Essex County, MA Superior Courts with Timothy Q. Feeley presiding.

Case Details for Desmarais, Donald v. Burgess-Maier, Andrew , et al.

Case Number

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Judge

Timothy Q. Feeley

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Filing Date

December 12, 2013

Category

Equitable Remedies

Last Refreshed

August 02, 2023

Practice Area

Creditor

Filing Location

Essex County, MA

Matter Type

Liens

Parties for Desmarais, Donald v. Burgess-Maier, Andrew , et al.

Plaintiffs

Desmarais, Donald

Attorneys for Plaintiffs

Lafortune, Esq., Steven Martin

Defendants

Burgess-Maier, Andrew

Burgess-Maier, Barbara

Salvation Army

Attorneys for Defendants

Gibson, Esq., Daniel J

Sarrouf, Jr., Esq., Camille F

Other Parties

Attorney General'S Office (Other Interested Party)

Attorney Generals Office (Other Interested Party)

Green, Esq., Jonathan Campbell (Attorney)

Knudsen, Esq., James R (Attorney)

Lacey, Esq., Brian E (Attorney)

Price, M.D., Stephen (Other Interested Party)

Price, Stephen (Other Interested Party)

Case Documents for Desmarais, Donald v. Burgess-Maier, Andrew , et al.

for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendants Salvation Army, Barbara Burgess-Maier's Request for Findings of Fact

Date: September 13, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

ORDER: Procedural Order No. 1 Judge: Karp, Hon. Jeffrey

Date: March 21, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

ORDER: SPECIAL ASSIGMENT ORDER, Effective this date, the above captioned action is hereby specially assigned to Associate Justice Jeffrey T. Karp. The fair administration of justice requires that this action, as well as two related actions, be handled by one associate justice through the conclusion of all matters. Judge: Feeley, Hon. Timothy Q

Date: January 19, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Judgment. It is ORDERED, ADJUDGED and DECLARED: 1. In Case No. 1377CV00497, That FINAL JUDGMENT OF DISMISSAL be and hereby is ENTERED on Counts I, II, III and V of the Complaint (Paper No. 1). 2. In Case No. 1377CV01984, That FINAL JUDGMENT OF DISMISSAL be and hereby is ENTERED on Counts I, II, III, IV, and V of the second Amended Complaint (Paper No. 26). 3. In Case No. ES08P2645EA, That FINAL JUDGMENT OF DISMISSAL be and hereby is ENTERED on Counts I, II, and IV of the Complaint (Paper No. 71). 4. A Decree And Order For Complete Settlement in the PFC Action is hereby ENTERED approving the First And Final Account dated June 5, 2013 (PFC Action No. 30). Any and all judgments previously entered in the above entitled matters become final upon entry of this judgment. Copied from linked case: 1377CV00497

Date: November 18, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Findings of Fact and Rulings of Law: and Order for Entry of Final Judgment after Trial before the Court: it is hereby ORDERED that: 1. In Case No. 1377CV00497, FINAL JUDGMENT OF DISMISSAL SHALL ENTER on Counts I, II, III and V of the Complaint (Paper No. 1). 2. In Case No. 1377CV01984, FINAL JUDGMENT OF DISMISSAL SHALL ENTER on Counts I, II, III, IV, and V of the second Amended Complaint (Paper No. 26). 3. In Case No. ES08P2645EA, FINAL JUDGMENT OF DISMISSAL SHALL ENTER on Counts I, II, and IV of the Complaint (Paper No. 71). 4. A Decree And Order For Complete Settlement in the PFC Action SHALL ENTER approving the First And Final Account dated June 5, 2013 (PFC Action No. 30). Judge: Karp, Hon. Jeffrey Copied from linked case: 1377CV00497 Judge: Karp, Hon. Jeffrey

Date: November 15, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendants Salvation Army, Barbara Burgess-Maier's Request for Rulings of Law

Date: September 13, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendant Salvation Army's Motion in limine for Separation of Claims

Date: April 30, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendant Salvation Army's Request for Rulings of Law

Date: April 30, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Received from Other interested party Price, Stephen: Answer to amended complaint

Date: April 23, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Plaintiff Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring's Submission of response concerning the court's conciliation order - plaintiff willing to participate of all parties were willing, defendants refuse. Copied from linked case: 1377CV00497

Date: March 18, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendants Salvation Army, Barbara Burgess-Maier's Submission of certification regarding ADR - defendant do not believe submitting the claims to the Conciliation Program is appropriate

Date: March 18, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Received from Defendant Burgess-Maier, Barbara: Answer to Second amended complaint

Date: March 18, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Received from Defendant Salvation Army: Answer to Second amended complaint

Date: March 18, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Amended: Second amended complaint filed by Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring

Date: January 16, 2019
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Endorsement on Motion for judgment on the pleadings MRCP 12(c) (#19.0): Other action taken see memorandum and order at P#24 Judge: Karp, Hon. Jeffrey

Date: December 14, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Endorsement on Motion for judgment on the pleadings MRCP 12(c) (#12.0): DENIED see memorandum and order at P#24 Judge: Karp, Hon. Jeffrey

Date: December 14, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

ADR Referral issued. Judge: Karp, Hon. Jeffrey

Date: December 14, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Endorsement on Motion to dismiss all counts (#20.0): ALLOWED After hearing allowed for the reasons stated on the record. So much of the complaint naming Andrew Burgess-Maier is dismissed. Judge: Karp, Hon. Jeffrey

Date: September 27, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Opposition to memorandum of the Plaintiff Howard Loring Estate to Barbara-Burgess-Maier's Motion for Judgment on the Pleadings (with her joining the Salvation Army's Motion for Judgment on the Pleadings) and reply memorandum in opposition to the Defendant Salvation Army's Motion for Judgment on the Pleadings filed by Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring

Date: July 16, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Endorsement on motion for (#21.0): a Scheduling Order and To Compel Defendant Salvation Army to File and Serve an Answer to The Probate Equity Actions ALLOWED in part and DENIED in part. See Order at Paper #55 (filed in No. 13-0497). Judge: Karp, Hon. Jeffrey

Date: July 03, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring's Reply Memorandum in response to Opposition to Scheduling Order and to Compel defendant Salvation Army to file and serve answer to probate equity actions

Date: June 22, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Opposition to Scheduling Order and to Compel defendant Salvation Army to file and serve answer to probate equity actions filed by Salvation Army

Date: June 22, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Response to Motion to dismiss filed by Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring

Date: May 07, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Andrew Burgess-Maier's Surreply Memorandum

Date: May 07, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Andrew Burgess-Maier's Memorandum in support of Motion to dismiss

Date: May 07, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendant Andrew Burgess-Maier's Motion to dismiss all counts

Date: May 07, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendant Barbara Burgess-Maier's Notice of Intent to join defendant Salvation Army's Motion for Judgment on the Pleadings

Date: May 04, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendants Barbara Burgess-Maier, Andrew Burgess-Maier's Submission of Assent to Consolidate all related cases for the purpose of discovery and trial

Date: April 17, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Defendant Salvation Army's Submission of Assent to Consolidate all related cases for the purpose of discovery and trial

Date: April 17, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Received from Defendant Burgess-Maier, Barbara: Answer to amended complaint

Date: April 17, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Plaintiff Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring's Submission of Assent to Consolidate all cases (Superior Court and Probate Court) into one case to be tried at the same time.

Date: April 13, 2018
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Received from Defendant Salvation Army: Answer to amended complaint;

Date: May 07, 2015
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Received from Other interested party Attorney Generals Office: Answer to amended complaint;

Date: June 03, 2014
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Amended complaint of Donald Desmarais

Date: March 12, 2014
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

SERVICE RETURNED (summons): Andrew Burgess Maier, service made on 3/3/2014 (last and usual)

Date: March 10, 2014
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

SERVICE RETURNED (summons): Barbara Burgess Maier, service made on 3/3/2014 (last and usual)

Date: March 10, 2014
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

SERVICE RETURNED (summons): Salvation Army, service made on 2/27/2014 (agent in charge service)

Date: March 10, 2014
for Donald Desmarais Individually And As Executror(Ix) Of The Estate Of Howard Loring Vs. Salvation Army Et Al

Complaint & civil action cover sheet filed

Date: December 12, 2013

Case Events for Desmarais, Donald v. Burgess-Maier, Andrew , et al.

Date Type Description
November 18, 2019 Docket Event Judgment. It is ORDERED, ADJUDGED and DECLARED: 1. In Case No. 1377CV00497, That FINAL JUDGMENT OF DISMISSAL be and hereby is ENTERED on Counts I, II, III and V of the Complaint (Paper No. 1). 2. In Case No. 1377CV01984, That FINAL JUDGMENT OF DISMISSAL be and hereby is ENTERED on Counts I, II, III, IV, and V of the second Amended Complaint (Paper No. 26). 3. In Case No. ES08P2645EA, That FINAL JUDGMENT OF DISMISSAL be and hereby is ENTERED on Counts I, II, and IV of the Complaint (Paper No. 71). 4. A Decree And Order For Complete Settlement in the PFC Action is hereby ENTERED approving the First And Final Account dated June 5, 2013 (PFC Action No. 30). Any and all judgments previously entered in the above entitled matters become final upon entry of this judgment. Copied from linked case: 1377CV00497
View Document
November 15, 2019 Docket Event Findings of Fact and Rulings of Law: and Order for Entry of Final Judgment after Trial before the Court: it is hereby ORDERED that: 1. In Case No. 1377CV00497, FINAL JUDGMENT OF DISMISSAL SHALL ENTER on Counts I, II, III and V of the Complaint (Paper No. 1). 2. In Case No. 1377CV01984, FINAL JUDGMENT OF DISMISSAL SHALL ENTER on Counts I, II, III, IV, and V of the second Amended Complaint (Paper No. 26). 3. In Case No. ES08P2645EA, FINAL JUDGMENT OF DISMISSAL SHALL ENTER on Counts I, II, and IV of the Complaint (Paper No. 71). 4. A Decree And Order For Complete Settlement in the PFC Action SHALL ENTER approving the First And Final Account dated June 5, 2013 (PFC Action No. 30). Judge: Karp, Hon. Jeffrey Copied from linked case: 1377CV00497 Judge: Karp, Hon. Jeffrey

Judge: Karp, Jeffrey
View Document
November 08, 2019 Docket Event Endorsement on Motion to strike the attachments and related arguments in defendant Stephen Price's proposed final findings of fact and rulings of law (#95.0): ALLOWED, DENIED after thorough review, Allowed as to motion to strike scheduled A - D attached to Price's request for findings of facts at #93, and Denied as to motion to strike #82 of Price's request for conclusions of law at #92. It is unfair to plaintiff for the court to consider the schedules at this stage in the proceedings. The courts refusal to strike #82 does not mean the court agrees with the proposed ruling and/or would adopt same. Judge: Karp, Hon. Jeffrey Copied from linked case: 1377CV00497

Judge: Karp, Jeffrey
November 04, 2019 Docket Event Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring's Reply Memorandum in support of Motion to strike the attachments and related arguments in defendant Stephen Price's proposed final findings of fact and rulings of law Copied from linked case: 1377CV00497
November 04, 2019 Docket Event Opposition to Motion to strike the attachments and related arguments in defendant Stephen Price's proposed final findings of fact and rulings of law filed by Stephen Price Individually and as trustee of Charles Loring Trust Copied from linked case: 1377CV00497
November 04, 2019 Docket Event Plaintiff Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring's Motion to strike the attachments and related arguments in defendant Stephen Price's proposed final findings of fact and rulings of law Copied from linked case: 1377CV00497
October 04, 2019 Docket Event Plaintiff's Notice of intent to file motion to strike Applies To: Donald Desmarais Individually and as Executror(ix) of the Estate of Howard Loring (Plaintiff) Copied from linked case: 1377CV00497
September 16, 2019 Docket Event Defendant Stephen Price Individually and as trustee of Charles Loring Trust's Request for Findings of Fact Copied from linked case: 1377CV00497
September 16, 2019 Docket Event Defendant Stephen Price Individually and as trustee of Charles Loring Trust's Request for Conclusions of Law Copied from linked case: 1377CV00497
September 13, 2019 Docket Event Defendants Salvation Army, Barbara Burgess-Maier's Request for Findings of Fact
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