Restrepo, Raul Vs. Wetzonis, Paul Et Al

Answer to the crossclaim And Jury Demand Applies To: Rita's Enterprises, Inc. (Defendant)

Answer to the crossclaim Applies To: Verbatim Advisory Group LLC (Defendant)

Stipulation of dismissal with Prejudice, without Costs as to Raul Restrepo, Paul Wetzonis, Plymouth Rock Assurance Corp., Verbatim Advisory Group LLC, Boston Harbor Cruises, Inc., Rita's Enterprises, Inc., Nolan Associates, LLC., Newton Airport Express, Inc.'s original complaint pursuant to Rule 41(a)(1)(ii) , all rights of appeal waived

Attorney appearance On this date Jessica C Stone, Esq. dismissed/withdrawn as Private Counsel for Defendant Paul Wetzonis

Service Returned for Defendant Newton Airport Express, Inc.: Service through person in charge / agent; George Daou, on 9/8/2020, at 1280 West Street, Wrentham, MA 02093

Received from Defendant Rita's Enterprises, Inc.: Answer to the Crossclaims and Jury Demand

Answer to amended complaint Answer to 4th Amended Complaint / Jury Demand / and Crossclaims. Applies To: Nolan Associates, LLC. (Defendant)

Received from Defendant Rita's Enterprises, Inc.: Answer to Fourth amended complaint; cross-claims and jury demand

Endorsement on Motion to allow fourth amended complaint (#48.0): ALLOWED Judge: Salinger, Hon. Kenneth W

Amended: Fourth amended complaint filed by Raul Restrepo

Plaintiff Raul Restrepo's Motion to Allow Fourth Amended Complaint

Plaintiff, Defendants Raul Restrepo, Verbatim Advisory Group LLC, Boston Harbor Cruises, Inc., Rita's Enterprises, Inc., Paul Wetzonis's Motion to approve tracking schedule

Received from Defendant Rita's Enterprises, Inc: Answer to the Crossclaim;

Received from Defendant Wetzonis, Paul: Answer to the Crossclaim;

Answer to the crossclaim Crossclaim Defendant Verbatim Advisory Group, LLC.'s Answer to Crossclaim Plaintiff, Rita Enterprises, Inc.'s, Crossclaims of Verbatim Advisory Group, LLC against Rita's Enterprises, Inc. and Jury demand

Endorsement on Application for dismissal of Verbatim's CrossClaims (#43.0): DENIED without prejudice in conformance with Superior Court Rule 9A. Judge: Barry-Smith, Hon. Christopher K

Defendant Boston Harbor Cruises, Inc.'s application for Final Judgment (33a) and affidavit filed on 06/18/2020, against Defendant(s) Verbatim Advisory Group LLC. Crossclaims

MEMORANDUM & ORDER: on Defendant Rita Enterprises, Inc.'s motion to dismiss Plaintiff's third amended complaint against Rita's for failure to state a claim upon which relief can be granted because the claim is barred by the statute of limitations and for insufficiency of service of process After hearing, the motion is DENIED. See Memorandum and Order Judge: Tuttman, Hon. Kathe M

Interpleader Occidental Fire & Casualty Company of North Carolina's Notice to Withdrawal of Attorney Scott M. Carroll.

Plaintiff Raul Restrepo's Reply of Affidavit of Atty. Michael Najjar.

Endorsement on Motion to continue (#38.0): ALLOWED Judge: Barrett, Hon. C. William

Attorney appearance On this date Christopher Jacob Yagoobian, Esq. dismissed/withdrawn as Private Counsel for Other interested party Occidental Fire & Casualty Company of North Carolina

Request for hearing filed Applies To: Kutylo, Esq., Janine Doherty (Attorney) on behalf of Rita's Enterprises, Inc. (Defendant)

Affidavit of compliance with Superior Court Rule 9C Applies To: Kutylo, Esq., Janine Doherty (Attorney) on behalf of Rita's Enterprises, Inc. (Defendant)

Affidavit of compliance with Superior Court Rule 9A Attorney Janine D. Kutylo Applies To: Kutylo, Esq., Janine Doherty (Attorney) on behalf of Rita's Enterprises, Inc. (Defendant)

Brief filed: Reply in further support of Defendant Rita's Enterprises, Inc.'s Motion to dismiss Plaintiff Third Amended Complaint against Rita's For Failure To State A Claim Upon Which Relief Can Be Granted Because The Claim Is Barred By The Statute Of Limitations And For Insufficiency Of Service Of Process Applies To: Rita's Enterprises, Inc. (Defendant)

Opposition to Defendant Rita's Enterprises, Inc.'s Motion to dismiss Plaintiff Third Amended Complaint against Rita's For Failure To State A Claim Upon Which Relief Can Be Granted Because The Claim Is Barred By The Statute Of Limitations And For Insufficiency Of Service Of Process filed by Applies To: Restrepo, Raul (Plaintiff)

Defendant Rita's Enterprises, Inc.'s Motion to dismiss Plaintiff Third Amended Complaint against Rita's For Failure To State A Claim Upon Which Relief Can Be Granted Because The Claim Is Barred By The Statute Of Limitations And For Insufficiency Of Service Of Process

Defendant's Notice of intent to file motion to dismiss for failure to state a claim Applies To: Rita's Enterprises, Inc. (Defendant)

Attorney appearance On this date Janine Doherty Kutylo, Esq. added for Defendant Rita's Enterprises, Inc.

Attorney appearance On this date Mark William Shaughnessy, Esq. added for Defendant Rita's Enterprises, Inc.

Service Returned for Defendant Rita's Enterprises, Inc.: Service made in hand; on 10/10/19 at 1935 Revere Beach Parkway Everett, Ma 02149

Affidavit as to no opposition

Plaintiff Raul Restrepo's Motion to Compel Verbatim Advisory Group, LLC to divulge identity of Bus Company and to extend tracking order

Amended: (Third) amended complaint filed by Raul Restrepo

Affidavit as to No Opposition pursuant to Superior Court Rule 9A

Stipulation of dismissal with Prejudice, without Costs as to Raul Restrepo's original complaint Dismissed as to Defendant PLYMOUTH ROCK ASSURANCE CORP .ONLY

Plaintiff Raul Restrepo's Motion to Further Amend Complaint

Endorsement on Motion to intervene (#12.0): No Action Taken After review of the docket, it is unclear as to why this motion was before the Court. The Honorable Judge Lu decided the issue on 3/27/17. Any reconsideration of that decision should go before him. This Court was not presented with any new evidence or change of circumstance that would justify a reconsideration of the Courts' decision. Judge: Barrett, Hon. C. William

Received from Defendant Boston Harbor Cruises, Inc.: Answer to the Crossclaim;

Received from Defendant in Crossclaim Wetzonis, Paul: Answer to Verbatim Advisory Group, LLC's Crossclaim; Jury Claim

Received from Defendant Verbatim Advisory Group LLC: Answer to the Crossclaim;

Received from Defendant Wetzonis, Paul: Answer to the Crossclaim; Applies To: Wetzonis, Paul (Defendant)

Received from Defendant Boston Harbor Cruises, Inc.: Answer to amended complaint; (Second amended complaint)

Service Returned for Defendant Boston Harbor Cruises, Inc.: Service through person in charge / agent; Richard Gilberg, On 7/31/17, At 63 Long Wharf Boston, MA. Applies To: Boston Harbor Cruises, Inc. (Defendant)

Received from Defendant Verbatim Advisory Group LLC: Answer with claim for trial by jury;

Service Returned for Defendant Verbatim Advisory Group LLC: Service through person in charge / agent; on 7/10/17

General correspondence regarding this is a letter from Counsel for the defendant Mr. Wetzonis Re: the Judges order dated June 7th 2017. Please docket this letter. The Court thanks counsel for this information.

Endorsement on Statement in a Letter Regarding a motion to state Mr. Wetzonis's position on the matter before the court. (Letter was sent directly to Judge Lu) (#18.0): Other action taken Counsel for Paul Wetzonis is requested to advise the Court about its opinion as to occidental's motion to withdraw or to advise the Court if it cannot respond. Dated 6/6/17

General correspondence regarding Renewed request for hearing on the Motion to Intervene as a matter of right

Amended Answer (Second To Comolaint Applies To: Wetzonis, Paul (Defendant)

Endorsement on Motion to amend the complaint to add defendants (#13.0): ALLOWED without prejudice. Dated 4/21/17

General correspondence regarding The court having received a letter from Mr. Wetzonis re: the above matter The Judge having read such letter has made the following endorsement (copy in file) Please return this letter to Mr. Wetzonis. There is no indication that opposing parties were provided a copy of this communication. The court is unable to consider communications not copied to opposing parties. Please docket this marginal notation.

Endorsement on Motion to dismiss all counts (#10.0): Other action taken See order dated 4/10/17 Allowed. The plaintiff has not alleged that the defendant Plymouth Rock Breached the insurance contract. Plymouth Rock agreed to settle and offered $30,000.00 underinsured policy limit minus $20,000 in bodily injury coverage offered by the defendant Mr. Wetzonis' insurer. See Hanover Ins Co., v. Pascar 421 Mass. 442, 446 (1995); G.L.c.175 sec 1136, Plymouth Rock was not required to pay the entire amount and pursue its subrogation rights. MacInnis v Aetna Life & Casualty co. 403 Mass 220, 227-8 (1988)

Affidavit of compliance with Superior Court Rule 9A Applies To: Saxe, Esq., Alec (Attorney) on behalf of Occidental Fire & Casualty Company of North Carolina (Other interested party)

Opposition to Motion to intervene as of right for the Limited purpose of Depositing funds into Court and obtaining an Order discharging its duty to defend Defendant, Paul Wetzonis filed by Applies To: Restrepo, Raul (Plaintiff)

Other Interested Party Occidental Fire & Casualty Company of North Carolina's Motion to intervene as of right for the Limited purpose of Depositing funds into Court and obtaining an Order discharging its duty to defend Defendant, Paul Wetzonis

Service Returned for Defendant Plymouth Rock Assurance Corp.: Service made in hand; 8/22/16, 695 Atlantic Ave Boston, MA

Service Returned for Defendant Wetzonis, Paul: Service made in hand;

Original civil complaint filed.

Endorsement on Motion to (#58.0): ALLOWED After Review of the docket and current posture , motion is Allowed. There should be no further continuance in light of the age of the case and ample time now provided to complete all discovery. Judge: Sarrouf, Camille

Defendant, Plaintiff Raul Restrepo, Paul Wetzonis's Joint Motion to Joint Motion To Amend.

Answer to the crossclaim Applies To: Nolan Associates, LLC. (Defendant)

Answer to the crossclaim of Rita's Enterprises, Inc., affirmative defenses, and jury demand of Newton Airport Express, Inc.

Received from Defendant Newton Airport Express, Inc.: Answer to the Crossclaim of Nolan Associates, LLC

Received from Defendant Newton Airport Express, Inc.: Answer to amended complaint; Answer to Fourth Amended Complaint / Jury Demand / and Crossclaims