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5
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
MIDDLESEX, ss. CIVIL ACTION NO. 2181CV00671
GEORGE W. HODGETTS,
INDIVIDUALLY AND AS
BENEFICIARY OF THE DIANNE RECEIVED
BLADON PARENTS TRUST
u/d/t 2/3/1997, 11/22/2021
Plaintiff,
Vv.
JULIE MCQUADE LADIMER,
INDIVIDUALLY AND AS TRUSTEE OF
THE DIANNE BLADON PARENTS
TRUST u/d/t 2/3/1997 AND AS
TRUSTEE OF THE DIANNE
HODGETTS IRREVOCABLE LIFE
INSURANCE TRUST
u/d/t DECEMBER 4, 2019,
Defendants.
DEFENDANTS’ ASSENTED TO MOTION TO VACATE
DEFAULT PURSUANT TO MASS. R. CIV. P. 55(c)
NOW COME the defendants, Julie McQuade Ladimer, individually and as trustee of the
Dianne Bladon Parents Trust u/d/t 2/3/1997 and as trustee of the Dianne Hodgetts Irrevocable Life
Insurance Trust u/d/t December 4, 2019 (collectively, “the Defendants”), and hereby respectfully
move this Honorable Court, with the Plaintiff's assent, to vacate the default entered against the
Defendants pursuant to Mass. R. Civ. P. 55(c), for good cause shown.
On April 28, 2021, the undersigned counsel for the Defendants provided counsel for the
Plaintiff with a draft Motion to Dismiss and supporting Memorandum of Law. Following a
Superior Court Rule 9C Conference, Plaintiff's counsel agreed to amend the Complaint to address
the defense raised in said Motion to Dismiss, namely the addition of certain additional necessary
KO
parties. Since that time, Plaintiff and Defendants have engaged in settlement negotiations with the
objective of resolving the parties’ dispute without need for further litigation.
Due to the Plaintiff's agreement to amend the complaint to add certain additional necessary
parties, the Defendants agreed not to formally serve their Motion to Dismiss and supporting
Memorandum of Law and, accordingly, did not file a Superior Court Rule 9E Notice either.
During this intervening time, the Court entered a default of the Defendants.
Upon receipt of this Honorable Court’s Notice of Default of the Defendants, the
undersigned counsel communicated with Plaintiff's counsel about a joint motion to vacate the
Default entered against the Defendants so that litigation may resume if the parties are unable to
resolve these claims by way of settlement.
Plaintiff assents to the Defendants’ requested relief to vacate the default entered against
them and, if the parties proceed with litigation, then Plaintiff will file an Amended Complaint
adding certain necessary parties.
WHEREFORE the defendants, Julie McQuade Ladimer, individually and as trustee of the
Dianne Bladon Parents Trust u/d/t 2/3/1997 and as trustee of the Dianne Hodgetts Irrevocable Life
Insurance Trust u/d/t December 4, 2019, respectfully request, with the Plaintiff's assent, that this
Honorable Court vacate the default entered against the Defendants pursuant to Mass. R. Civ. P.
55(c), for good cause shown.
Respectfully submitted,
Defendants,
JULIE MCQUADE LADIMER,
INDIVIDUALLY AND AS TRUSTEE OF THE
DIANNE BLADON PARENTS TRUST w/d/t
2/3/1997 AND AS TRUSTEE OF THE
DIANNE HODGETTS IRREVOCABLE LIFE
INSURANCE TRUST u/d/t DECEMBER 4,
2019
By Their Attorneys,
/s/ Michael H. Hayden
Michael H. Hayden, BBO #660746
mhayden@morrisonmahoney.com
MORRISON MAHONEY LLP
250 Summer Street
Boston, MA 02210-1181
Phone: 617-439-7500
Fax: 617-342-4960
Assented To:
Plaintiffs,
GEORGE W. HODGETTS, INDIVIDUALLY
AND AS BENEFICIARY OF THE DIANNE
BLADON PARENTS TRUST u/d/t 2/3/1997,
By Their Attorneys,
/s/ Cameron C. Pease
Cameron C. Pease, BBO# 561906
Goldman & Pease LLC
160 Gould Street. Suite 320
Needham, MA 02494
781-292-1080
pease@goldmanpease.cor
CERTIFICATE OF SERVICE
I, Michael H. Hayden, hereby certify that a true and accurate copy of the foregoing
document was served via email on the 22™ day of November, 2021 upon the following counsel of
record:
Cameron C. Pease, Esq.
Goldman & Pease LLC
160 Gould Street. Suite 320
Needham, MA 02494
cpease(@goldmanpease.com
/s/ Michael H. Hayden
Michael H. Hayden
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5 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT MIDDLESEX, ss. CIVIL ACTION NO. 2181CV00671 GEORGE W. HODGETTS, INDIVIDUALLY AND AS BENEFICIARY OF THE DIANNE RECEIVED BLADON PARENTS TRUST u/d/t 2/3/1997, 11/22/2021 Plaintiff, Vv. JULIE MCQUADE LADIMER, INDIVIDUALLY AND AS TRUSTEE OF THE DIANNE BLADON PARENTS TRUST u/d/t 2/3/1997 AND AS TRUSTEE OF THE DIANNE HODGETTS IRREVOCABLE LIFE INSURANCE TRUST u/d/t DECEMBER 4, 2019, Defendants. DEFENDANTS’ ASSENTED TO MOTION TO VACATE DEFAULT PURSUANT TO MASS. R. CIV. P. 55(c) NOW COME the defendants, Julie McQuade Ladimer, individually and as trustee of the Dianne Bladon Parents Trust u/d/t 2/3/1997 and as trustee of the Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019 (collectively, “the Defendants”), and hereby respectfully move this Honorable Court, with the Plaintiff's assent, to vacate the default entered against the Defendants pursuant to Mass. R. Civ. P. 55(c), for good cause shown. On April 28, 2021, the undersigned counsel for the Defendants provided counsel for the Plaintiff with a draft Motion to Dismiss and supporting Memorandum of Law. Following a Superior Court Rule 9C Conference, Plaintiff's counsel agreed to amend the Complaint to address the defense raised in said Motion to Dismiss, namely the addition of certain additional necessary KO parties. Since that time, Plaintiff and Defendants have engaged in settlement negotiations with the objective of resolving the parties’ dispute without need for further litigation. Due to the Plaintiff's agreement to amend the complaint to add certain additional necessary parties, the Defendants agreed not to formally serve their Motion to Dismiss and supporting Memorandum of Law and, accordingly, did not file a Superior Court Rule 9E Notice either. During this intervening time, the Court entered a default of the Defendants. Upon receipt of this Honorable Court’s Notice of Default of the Defendants, the undersigned counsel communicated with Plaintiff's counsel about a joint motion to vacate the Default entered against the Defendants so that litigation may resume if the parties are unable to resolve these claims by way of settlement. Plaintiff assents to the Defendants’ requested relief to vacate the default entered against them and, if the parties proceed with litigation, then Plaintiff will file an Amended Complaint adding certain necessary parties. WHEREFORE the defendants, Julie McQuade Ladimer, individually and as trustee of the Dianne Bladon Parents Trust u/d/t 2/3/1997 and as trustee of the Dianne Hodgetts Irrevocable Life Insurance Trust u/d/t December 4, 2019, respectfully request, with the Plaintiff's assent, that this Honorable Court vacate the default entered against the Defendants pursuant to Mass. R. Civ. P. 55(c), for good cause shown. Respectfully submitted, Defendants, JULIE MCQUADE LADIMER, INDIVIDUALLY AND AS TRUSTEE OF THE DIANNE BLADON PARENTS TRUST w/d/t 2/3/1997 AND AS TRUSTEE OF THE DIANNE HODGETTS IRREVOCABLE LIFE INSURANCE TRUST u/d/t DECEMBER 4, 2019 By Their Attorneys, /s/ Michael H. Hayden Michael H. Hayden, BBO #660746 mhayden@morrisonmahoney.com MORRISON MAHONEY LLP 250 Summer Street Boston, MA 02210-1181 Phone: 617-439-7500 Fax: 617-342-4960 Assented To: Plaintiffs, GEORGE W. HODGETTS, INDIVIDUALLY AND AS BENEFICIARY OF THE DIANNE BLADON PARENTS TRUST u/d/t 2/3/1997, By Their Attorneys, /s/ Cameron C. Pease Cameron C. Pease, BBO# 561906 Goldman & Pease LLC 160 Gould Street. Suite 320 Needham, MA 02494 781-292-1080 pease@goldmanpease.cor CERTIFICATE OF SERVICE I, Michael H. Hayden, hereby certify that a true and accurate copy of the foregoing document was served via email on the 22™ day of November, 2021 upon the following counsel of record: Cameron C. Pease, Esq. Goldman & Pease LLC 160 Gould Street. Suite 320 Needham, MA 02494 cpease(@goldmanpease.com /s/ Michael H. Hayden Michael H. Hayden