Taccino et al v. D'Atri et al, No. 1:2017cv00428 - Document 3 (D. Md. 2017)

Court Description: MEMORANDUM OPINION. Signed by Judge Richard D. Bennett on 2/23/2017. (Attachments: # 1 State Court Docket Sheet)(c/m 2/23/17 jnls, Deputy Clerk)

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Taccino et al v. D'Atri et al Case Information Page 1 ofDoc. 3 Att. 1 8 Circuit Court of Maryland Go Back Now Case Information Court System: Circuit Court for Allegany County - Civil System Case Number: 01C16043472 Title: Taccino vs Unger, et al Case Type: Other Civil Filing Date: 02/12/2016 Case Status: Open/Active Plaintiff/Petitioner Information (Each Plaintiff/Petitioner is displayed below) Party Type: Plaintiff Party No.: 1 Name: Taccino, Carol Address: 402 Pine Ave City: Cumberland State: MD Zip Code: 21502 Defendant/Respondent Information (Each Defendant/Respondent is displayed below) Party Type: Defendant Party No.: 1 Name: Unger, Wayne Address: 355 Bedford Street City: Cumberland State: MD Zip Code: 21502 Attorney(s) for the Defendant/Respondent Name: D'Atri, Esq, Seth B Appearance Date: 08/17/2016 Practice Name: Trozzo, Lowery, Weston & Rock Address: 323 Paca Street City: Cumberland State: MD Zip Code: 21502 Party Type: Defendant Party No.: 2 Name: Unger, Judy Address: 355 Bedford Street City: Cumberland State: MD Zip Code: 21502 Attorney(s) for the Defendant/Respondent Name: D'Atri, Esq, Seth B Appearance Date: 03/21/2016 Practice Name: Trozzo, Lowery, Weston & Rock Address: 323 Paca Street City: Cumberland State: MD Zip Code: 21502 Party Type: Defendant Party No.: 3 Name: Collins, James Address: 2750 S Cranberry Blvd City: North Port State: FL Zip Code: 34286 http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=01... Dockets.Justia.com 2/21/2017 Case Information Page 2 of 8 Court Scheduling Information Event Type: Motion Hearing (Civil) Notice Date: Event Date: 06/24/2016 Event Time: 09:30 AM Result: Held/Concluded Result Date: 06/24/2016 Event Type: Motion Hearing (Civil) Notice Date: Event Date: 08/12/2016 Event Time: 09:30 AM Result: Held/Concluded Result Date: 08/12/2016 Event Type: Civil Court Trial Notice Date: Event Date: 09/30/2016 Event Time: 09:30 AM Result: Held/Concluded Result Date: 09/30/2016 Event Type: Civil Court Trial Notice Date: Event Date: 12/02/2016 Event Time: 09:30 AM Result: Held/Concluded Result Date: 12/02/2016 Event Type: Civil Court Trial Notice Date: Event Date: 02/17/2017 Event Time: 09:30 AM Result: Continued Result Date: 02/21/2017 Document Tracking (Each Document listed. Documents are listed in Document No./Sequence No. order) Doc No./Seq No.: 1/0 File Date: 02/12/2016 Entered Date: 02/16/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Complaint Exhibits. Doc No./Seq No.: 1/1 File Date: 03/18/2016 Entered Date: 03/21/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Answer Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 2/0 File Date: 02/12/2016 Entered Date: 02/16/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Writ of Summons - Civil Issued Doc No./Seq No.: 3/0 File Date: 02/12/2016 Entered Date: 02/16/2016 Decision: Party Type: Defendant Party No.: 2 Document Name: Writ of Summons - Civil Issued Doc No./Seq No.: 4/0 File Date: 02/26/2016 Entered Date: 02/26/2016 Decision: http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=01... 2/21/2017 Case Information Page 3 of 8 Party Type: Defendant Party No.: 1 Document Name: Return of Service - Served Writ of Summons/U422 served 02/19/16 Doc No./Seq No.: 5/0 File Date: 02/26/2016 Entered Date: 02/26/2016 Decision: Party Type: Defendant Party No.: 2 Document Name: Return of Service - Served Writ of Summons/U422 served 02/19/16 Doc No./Seq No.: 6/0 File Date: 03/18/2016 Entered Date: 03/21/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Counter Complaint Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 6/1 File Date: 04/04/2016 Entered Date: 04/05/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Answer Doc No./Seq No.: 7/0 File Date: 03/23/2016 Entered Date: 03/23/2016 Decision: Document Name: Scheduling Order Issued Court trial - (9/30/16 at 9:30 am) Doc No./Seq No.: 8/0 File Date: 04/04/2016 Entered Date: 04/05/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Motion for Judgment Awarding Possession Doc No./Seq No.: 8/1 File Date: 04/27/2016 Entered Date: 05/03/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Answer Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 9/0 File Date: 04/04/2016 Entered Date: 04/05/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Motion to Dismiss Counter Complaint Doc No./Seq No.: 9/1 File Date: 04/27/2016 Entered Date: 05/03/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Answer Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 10/0 File Date: 04/27/2016 Entered Date: 05/03/2016 Decision: Party Type: Defendant Party No.: 1 http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=01... 2/21/2017 Case Information Page 4 of 8 Document Name: Motion for Summary Judgment Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 10/1 File Date: 05/12/2016 Entered Date: 05/13/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Answer Doc No./Seq No.: 11/0 File Date: 05/04/2016 Entered Date: 05/04/2016 Decision: Document Name: Confirmation of Trial Assignment Issued Motion hearing - (6/24/16 at 9:30 am)Court Trial - (9/30/16 at 9:30 am) Doc No./Seq No.: 12/0 File Date: 05/24/2016 Entered Date: 05/25/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Amended Complaint Doc No./Seq No.: 12/1 File Date: 12/12/2016 Entered Date: 12/13/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Answer Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 13/0 File Date: 05/25/2016 Entered Date: 05/27/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Amended Complaint to Join Necessary Parties Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 13/1 File Date: 06/08/2016 Entered Date: 06/09/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Answer Doc No./Seq No.: 13/2 File Date: 06/09/2016 Entered Date: 06/09/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Additional Answer Doc No./Seq No.: 14/0 File Date: 05/27/2016 Entered Date: 05/27/2016 Decision: Party Type: Defendant Party No.: 3 Document Name: Writ of Summons - Civil Issued Doc No./Seq No.: 15/0 File Date: 06/07/2016 Entered Date: 06/07/2016 Decision: Party Type: Defendant Party No.: 3 Document Name: Return of Service - Served http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=01... 2/21/2017 Case Information Page 5 of 8 Writ of Summons/U422 served 05/31/16 Doc No./Seq No.: 16/0 File Date: 06/09/2016 Entered Date: 06/09/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Motion to Strike Amended Complaint Doc No./Seq No.: 16/1 File Date: 06/16/2016 Entered Date: 06/17/2016 Decision: Party Type: Defendant Party No.: 2 Document Name: Answer Filed by DEF002-Unger, DEF001-Unger Doc No./Seq No.: 17/0 File Date: 06/24/2016 Entered Date: 06/24/2016 Decision: Document Name: Hearing Held Plaintiff present without counsel; defendants present with counsel; Motion for Possession by plaintiff is dimsissmed as moot; defendant withdraws Motion for Summary Judgment; case to be reset mid August for remaining motions to allow Mr. Collins to respond. Doc No./Seq No.: 18/0 File Date: 06/28/2016 Entered Date: 06/28/2016 Decision: Document Name: Confirmation of Trial Assignment Issued Motion hearing - (8/12/16 at 9:30 am)Court Trial - (9/30/16 at 9:30 am) Doc No./Seq No.: 19/0 File Date: 08/12/2016 Entered Date: 08/12/2016 Decision: Document Name: Hearing Held Plaintiff present without Counsel. Defendant's present with Counsel. Statements placed on the record. Motin to strike is denied. Doc No./Seq No.: 20/0 File Date: 08/16/2016 Entered Date: 08/17/2016 Decision: Granted Party Type: Defendant Party No.: 1 Document Name: Motion for Default Filed by DEF001-Unger, DEF002-Ungerit is ordered this 22nd day of August 2016 that James R Collinsbe joined as a defendant in this matter.Copies mailed on 8/24/16 Doc No./Seq No.: 21/0 File Date: 08/16/2016 Entered Date: 08/17/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Motion for Summary Judgment Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 21/1 File Date: 08/30/2016 Entered Date: 08/31/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Answer Request for a hearing. Doc No./Seq No.: 22/0 File Date: 08/19/2016 Entered Date: 08/19/2016 Decision: Party Type: Plaintiff Party No.: 1 http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=01... 2/21/2017 Case Information Page 6 of 8 Document Name: Line - Copy of Exhibit A to Motion for Default Doc No./Seq No.: 23/0 File Date: 08/30/2016 Entered Date: 08/31/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Motion to Strike Defendants/Counter Plaintiffs' Motion for Summary Judgment Doc No./Seq No.: 24/0 File Date: 08/30/2016 Entered Date: 08/31/2016 Decision: Granted Party Type: Plaintiff Party No.: 1 Document Name: Motion for Default Judgment Copies mailed on 9/2/16 Doc No./Seq No.: 25/0 File Date: 09/01/2016 Entered Date: 09/02/2016 Decision: Document Name: Order it is ordered this 1st day of September 2016 that all outstandingmotions are denied and this matter shall continue in the normalcourse.Copies mailed on 9/2/16 Doc No./Seq No.: 26/0 File Date: 09/30/2016 Entered Date: 09/30/2016 Decision: Document Name: Hearing Held Plaintiff's Request for Continuance to be able to obtaincounsel is granted.Matter to be re set in sixty (60) days. Doc No./Seq No.: 27/0 File Date: 09/30/2016 Entered Date: 09/30/2016 Decision: Document Name: Notice of Default Order Issued Copies mailed on 9/30/16 Doc No./Seq No.: 28/0 File Date: 10/03/2016 Entered Date: 10/03/2016 Decision: Document Name: Confirmation of Trial Assignment Issued Court Trial - (12/2/16 at 9:30 am) Doc No./Seq No.: 29/0 File Date: 10/24/2016 Entered Date: 10/24/2016 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Request for Jury Trial Doc No./Seq No.: 29/1 File Date: 11/04/2016 Entered Date: 11/07/2016 Decision: Party Type: Defendant Party No.: 1 Document Name: Answer Filed by DEF001-Unger, DEF002-Unger Doc No./Seq No.: 30/0 File Date: 11/09/2016 Entered Date: 11/10/2016 Decision: Document Name: Order it is ordered this 9th day of November 2016 that plaintiff/counter defendant's request for jury trial is hereby deniedper rule 2-325Copies mailed on 11/10/16 http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=01... 2/21/2017 Case Information Page 7 of 8 Doc No./Seq No.: 31/0 File Date: 12/02/2016 Entered Date: 12/02/2016 Decision: Document Name: Hearing Held Issue joined - Judge FinanMatter continued for sixty (60) days to allow the defendants, Wayne and Judy Under to file answers to the amended complaintand to allow the plaintiff, Carol Taccino, to file a motion to reconsider her motion for jury trial. Doc No./Seq No.: 32/0 File Date: 12/05/2016 Entered Date: 12/05/2016 Decision: Document Name: Confirmation of Trial Assignment Issued Doc No./Seq No.: 33/0 File Date: 12/05/2016 Entered Date: 12/05/2016 Decision: Document Name: Confirmation of Trial Assignment Issued Doc No./Seq No.: 34/0 File Date: 12/05/2016 Entered Date: 12/05/2016 Decision: Document Name: Confirmation of Trial Assignment Issued Court Trial - (2/17/17 at 9:30 am) Doc No./Seq No.: 35/0 File Date: 01/11/2017 Entered Date: 01/12/2017 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Second Motion/Request for Jury Trial Doc No./Seq No.: 36/0 File Date: 02/02/2017 Entered Date: 02/02/2017 Decision: Party Type: Plaintiff Party No.: 1 Document Name: Plaintiff's/Counter Defendants Motion for Summary Judgment Doc No./Seq No.: 36/1 File Date: 02/15/2017 Entered Date: 02/16/2017 Decision: Party Type: Defendant Party No.: 2 Document Name: Answer Filed by DEF002-Unger, DEF001-Unger Doc No./Seq No.: 37/0 File Date: 02/17/2017 Entered Date: 02/21/2017 Decision: Document Name: Hearing Held Plaintiff present without Counsel. Defendant's present with Counsel. Opening statements placed on the record. Testimony taken. Court to reschedule to conclude hearing within 30-60 days. Doc No./Seq No.: 38/0 File Date: 02/21/2017 Entered Date: 02/21/2017 Decision: Document Name: Exhibits Filed Doc No./Seq No.: 39/0 File Date: 02/21/2017 Entered Date: 02/21/2017 Decision: http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=01... 2/21/2017 Case Information Page 8 of 8 Document Name: Exhibits Filed Doc No./Seq No.: 40/0 File Date: 02/21/2017 Entered Date: 02/21/2017 Decision: Document Name: Exhibits Filed Doc No./Seq No.: 41/0 File Date: 02/21/2017 Entered Date: 02/21/2017 Decision: Document Name: Exhibits Filed This is an electronic case record. Full case information cannot be made available either because of legal restrictions on access to case records found in Maryland Rules, or because of the practical difficulties inherent in reducing a case record into an electronic format. http://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=01... 2/21/2017

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