Hayward v. The Bank of New York Mellon
Plaintiff: Douglas Hayward
Defendant: Bank of Mellon New York C Walt Inc. and Shellpoint Mortgage
Case Number: 1:2022cv00352
Filed: September 8, 2022
Court: US District Court for the District of New Hampshire
Presiding Judge: Landya B McCafferty
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Account Receivable
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2022 Opinion or Order ENDORSED ORDER granting #14 Assented to Motion to Extend Time. Text of Order: Granted. The deadline for Mr. Hayward to file a surreply in response to defendant's reply (13) is extended 15 days. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
October 25, 2022 Opinion or Order Filing 14 Assented to MOTION to Extend Time to respond by 15 days filed by Douglas Hayward.(de)
October 19, 2022 Opinion or Order Filing 13 MEMORANDUM in Support re #4 MOTION to Dismiss for Failure to State a Claim filed by Bank of Mellon New York C Walt Inc.. (Pappas, Thomas)
October 17, 2022 Opinion or Order Filing 12 Exhibits D and E (amended/corrected) to #8 Objection to Motion by Douglas Hayward. (Attachments: #1 Exhibit E (amended/corrected))(de)
October 17, 2022 Opinion or Order Filing 11 Exhibit C (amended/corrected) to #8 Objection to Motion by Douglas Hayward.(de)
October 17, 2022 Opinion or Order Filing 10 Exhibit A to #8 Objection to Motion by Douglas Hayward.(de)
October 14, 2022 Opinion or Order Filing 9 Addendum to #8 Objection to Motion by Douglas Hayward. (de)
October 12, 2022 Opinion or Order Filing 8 OBJECTION to #4 MOTION to Dismiss for Failure to State a Claim served on 10/12/2022 filed by Douglas Hayward. Follow up on Reply on 10/19/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (de)
September 30, 2022 Opinion or Order Filing 7 Certified Copies of State Court Record. State Court Case No. 218-2022-cv-00275, Rockingham County County Superior Court (Attachments: #1 Exhibit A: Complaint, #2 Attachment to Exhibit Attachment to Complaint, #3 Exhibit B: Ex Parte Motion, #4 Exhibit C: Appearance of Douglas Hayward, #5 Exhibit D: Summons On Complaint Notice of Temporary Hearing, #6 Exhibit E: Appearance of Thomas J. Pappas, Esq., #7 Exhibit F: Notice of Removal)(Pappas, Thomas)
September 23, 2022 Opinion or Order ENDORSED ORDER granting #6 Assented to Motion to Extend Time to File A Certified Copy of the State Court Record. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
September 22, 2022 Opinion or Order ENDORSED ORDER granting #5 Assented to Motion to Extend Time to Object/Respond to Motion to Dismiss for Failure to State a Claim. Text of Order: Granted. The deadline to respond to the pending motion to dismiss (doc. 4) is extended to October 12, 2022. So Ordered by US Magistrate Judge Andrea K Johnstone.Follow up on Objection on 10/12/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de)
September 22, 2022 Opinion or Order Filing 6 Assented to MOTION to Extend Time to File A Certified Copy of the State Court Record filed by Bank of Mellon New York C Walt Inc..(Pappas, Thomas)
September 22, 2022 Opinion or Order Filing 5 Assented to MOTION to Extend Time to Object/Respond to #4 MOTION to Dismiss for Failure to State a Claim 14 additional days (to 10/12/2022) filed by Douglas Hayward.(de)
September 14, 2022 Opinion or Order Filing 4 MOTION to Dismiss for Failure to State a Claim filed by Bank of Mellon New York C Walt Inc..Follow up on Objection on 9/28/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A: Mortgage, #3 Exhibit B: Note, #4 Exhibit C: Assignment, #5 Exhibit D: Final Decree, #6 Exhibit E: Proof of Claim, #7 Exhibit F: Amended Plan)(Pappas, Thomas)
September 8, 2022 Opinion or Order Filing 3 Disclosure Statement by The Bank of New York Mellon disclosing no parent company, no publicly traded company, and no merger agreement. (Pappas, Thomas)
September 8, 2022 Opinion or Order Filing 2 NOTICE of Attorney Appearance by Thomas J. Pappas on behalf of The Bank of New York Mellon (Pappas, Thomas)
September 8, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from Rockingham Superior Court, case number 218-2022-cv-00275 (filing fee $402, receipt number ANHDC-2289392) filed by The Bank of New York Mellon. Answer Follow Up on 9/29/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 9/22/2022. (Attachments: #1 Exhibit A: State Court Case Initiating Document, #2 Exhibit B: Notice of Removal to All Adverse Parties, #3 Exhibit C: Notice of Filing Removal Notice to Federal Court, #4 Civil Cover Sheet Civil Cover Sheet)(Pappas, Thomas)
September 8, 2022 Opinion or Order Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:22-cv-352-LM. Please show this number with the judge designation on all future pleadings. (mc)
September 8, 2022 Opinion or Order NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(mc)

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Defendant: Bank of Mellon New York C Walt Inc.
Represented By: Thomas J. Pappas
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Defendant: Shellpoint Mortgage
Represented By: Thomas J. Pappas
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Plaintiff: Douglas Hayward
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