Motion,Ex Parte: Baystate Insurance Company Subrogee of Roberta Knox vs. Simplisafe, Inc.

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                                                COMMONWEALTH OF MASSACHUSETTS

3    +         WORCESTER, SS                                             SUPERIOR COURT DEPT
                                                                         OF THE TRIAL COURT
                                                                         CIVIL ACTION
                                                                         NO. 2085 CV 1406B


gf             BAYSTATE INSURANCE COMPANY
               as Subrogee of Roberta Knox                                                  FILED
                                                                                                                          #
                       PLAINTIFF
'
     NS                                                                                          JUN
                                                                                                   01 2021
               VS.                                                                       ATTEST: Ae Hl, ouzme
     ‘2        SIMPLISAFE, INC.
    ~
          D>         DEFENDANT
          Y                  PLAINTIFF’S MOTION TO EXTEND TIME TO SERVE DEFENDANT
                                                     AND VACATE DISMISSAL
     VN
     N=
                          Now comes the Plaintiff in the above entitled matter and move this Honorable Court to




We
                        id the time for service upon the Defendant, SimpliSafe, Inc. for thirty (30) days from the date

          LE              allowance of this motion and to Vacate the Dismissal entered by the Court on May 13, 2021

               ii            to timely serve.

                          In support of said Motion, Plaintiff hereby states that a Complaint was filed by Plaintiff on

               oe             28, 2020.   The summons and Complaint were sent to the Sherriff’s Office for service

                nety after the complaint was filed and was returned by the Sherriff's Office indicating that the

          sRsinplisate office was closed due to the COVID-19 pandemic.            (See Exhibit A). During the time the

               Complaint was out for service with the Sheriff, the insurance adjuster for SimpliSafe, Christine

                auer,     contacted undersigned counsel to acknowledge receipt of the Complaint and to request

                     tiple extensions of time to retain defense counsel while settlement negotiations were ongoing

               Undersigned counsel mistakenly believed that this meant that service had been completed by the

               Sheriff.     Counsel granted repeated extensions to Ms. Lauer until it became clear that a negotiated

               settlement was not going to occur.       Shortly thereafter, counsel learned of this Court’s Rule 4(j)

               dismissal due to the Sheriff's inability to complete service due to COVID restrictions.       Until that