Massie v. Wells Fargo Bank, National Association
| Ronald Massie |
| Wells Fargo Bank, National Association |
| 3:2023cv01548 |
| November 29, 2023 |
| US District Court for the District of Connecticut |
| Vernon Dion Oliver |
| Vernon D Oliver |
| Robert M Spector |
| Other Fraud |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 22, 2024. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: The Court has been made aware that Plaintiff served a summons with his original complaint upon Wells Fargo on December 18, 2023. See ECF No. [19-1] at 1. Accordingly, Plaintiff is ordered to file proof of service on the docket by February 2, 2024. Signed by Judge Vernon D. Oliver on 1/24/2024. (Lapsia, Tina)
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Filing 20
NOTICE by Wells Fargo Bank, National Association to Self-Represented Litigants Regarding Motions to Dismiss as required by Local Rule 12(a) (Higgins, Sean)
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Filing 19
MOTION to Dismiss Plaintiff's Amended Complaint by Wells Fargo Bank, National Association.Responses due by 2/14/2024 (Attachments: #1 Memorandum in Support)(Higgins, Sean)
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Filing 18
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Wells Fargo Bank, National Association* with answer to complaint due within *21* days. *Ronald Massie* *421 Mansfield Avenue* *Darien, CT 06820*. (Imbriani, Susan)
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Filing 17
NOTICE REGARDING SERVICE: The self-represented plaintiff shall proceed with service upon the defendant(s) pursuant to Rule 4 of the Federal Rules of Civil Procedure and may refer to pages 8-11 of the Court's Guide for Self-Represented Parties found on our website here: https://www.ctd.uscourts.gov/rules-and-forms. If service is not effected by 4/15/2024, the case will be subject to dismissal. Dismissal due by 4/15/2024. Signed by Clerk on 1/16/2024.(Imbriani, Susan)
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Filing 16
AMENDED COMPLAINT against Wells Fargo Bank, National Association, filed by Ronald Massie.(Gaskins, A)
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Filing 15
ORDER denying MOTION for Order for Proof of Authority to Represent #13 : Counsel has entered an appearance on behalf of Defendant; therefore, the Court assumes that counsel has authority to represent Defendant. See In re Gasser, 104 F. 537, 538 (8th Cir. 1900) ("The appearance in court of an attorney at law licensed to practice there carries with it the presumption of authority to appear and act for his client in the proceeding in which he seeks to represent him. His mere appearance is prima facie evidence that he is duly authorized to represent and act for his client[.]"); Restatement (Third) of the Law Governing Lawyers 37 PFD No. 1 (1996) ("A lawyer who enters an appearance before a tribunal for a person is presumed to represent that person in the proceeding in question.").Signed by Judge Vernon D. Oliver on 12/27/2023. (Lapsia, Tina)
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Filing 14
OBJECTION re #11 MOTION for Extension of Time until January 23, 2024 Respond to Complaint #1 Complaint filed by Ronald Massie. (Gaskins, A)
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Filing 13
MOTION for Order for Proof of Authority to Represent by Ronald Massie. (Gaskins, A)
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Set Deadlines: Amended Pleadings due by 1/5/2024 (Samson, Jessalyn)
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Filing 12
ORDER denying Motion for Extension of Time #11 : Defendant's motion of time to respond to the Complaint is denied as the Complaint has not yet been served on the defendant.Having reviewed the Complaint and Defendant's motion, however, the Court admonishes Plaintiff for his inclusion of derogatory language and the suggestive photograph in the Complaint, and for threatening the defendant that the litigation may become "unpleasant." The Court orders the Clerk to seal the Complaint to remove it from the public docket, and orders Plaintiff to refile his Complaint without any photographs and with appropriate language by January 5, 2024. Failure to do so will result in dismissal of the case.The Court further warns Plaintiff that, should this action continue, any further use of derogatory, threatening, and/or inappropriate language against Defendant or in filings before this Court may result in sanctions, including monetary fines and/or dismissal of the action. See Sassower v. Field, 973 F.2d 75, 80-81 (2d Cir. 1992) (holding that federal district courts have "inherent authority to sanction parties appearing before [them] for acting in bad faith, vexatiously, wantonly, or for oppressive reasons"); see also Koehl v. Bernstein, 740 F.3d 860 (2d Cir. 2014) (upholding district court's sanction dismissing pro se plaintiff's lawsuit); Schottenstein v. Lee, No. 22cv1197 (DLC), 2023 BL 448383 (S.D.N.Y. Dec. 11, 2023) (imposing monetary sanctions on attorney who filed nude photographs on public docket); Komatsu v. City of New York, No. 18 CIV. 3698 (LGS), 2021 WL 4427015, at *1 (S.D.N.Y. Sept. 27, 2021) (dismissing pro se complaint pursuant to court's inherent power for repeated use of degrading and foul language). It is so ordered.Signed by Judge Vernon D. Oliver on 12/20/2023.(Lapsia, Tina)
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Filing 11
MOTION for Extension of Time until January 23, 2024 Respond to Complaint #1 Complaint by Wells Fargo Bank, National Association. (Attachments: #1 Exhibit A; email)(Higgins, Sean)
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Filing 10
Disclosure Statement by Wells Fargo Bank, National Association identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, National Association. (Higgins, Sean)
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Filing 9
NOTICE of Appearance by Sean R. Higgins on behalf of Wells Fargo Bank, National Association (Higgins, Sean)
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Filing 8
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Wells Fargo Bank, National Association* with answer to complaint due within *21* days. *Ronald Massie* *421 Mansfield Avenue* *Darien, CT 06820*. (Imbriani, Susan)
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Filing 7
NOTICE REGARDING SERVICE: The self-represented plaintiff shall proceed with service upon the defendant(s) pursuant to Rule 4 of the Federal Rules of Civil Procedure and may refer to pages 8-11 of the Court's Guide for Self-Represented Parties found on our website here: https://www.ctd.uscourts.gov/rules-and-forms. If service is not effected by 2/28/2024, the case will be subject to dismissal. Dismissal due by 2/28/2024. Signed by Clerk on 11/30/2023.(Imbriani, Susan)
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Filing 6
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 Order on Pretrial Deadlines, #5 Standing Protective Order, #4 Electronic Filing Order, #1 Complaint filed by Ronald Massie, 2 Notice re: Disclosure Statement, Signed by Clerk on 11/30/2023.(Imbriani, Susan)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Vernon Dion Oliver on 11/29/2023.(Imbriani, Susan)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon Dion Oliver on 11/29/2023.(Imbriani, Susan)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 1/28/2024, Discovery due by 5/30/2024, Dispositive Motions due by 7/4/2024. Signed by Clerk on 11/29/2023.(Imbriani, Susan)
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Filing 2
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 11/29/2023. (Oliver, T.)
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Filing 1
COMPLAINT against Wells Fargo Bank, National Association, filed by Ronald Massie. (Attachments: #1 Civil Cover Sheet) (Oliver, T.)
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Filing fee received from Ronald Massie: $ 402.00, receipt number BPT14037 (Oliver, T.)
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Judge Vernon Dion Oliver and Judge Robert M. Spector added. (Oliver, T.)
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Request for Clerk to issue summons as to Wells Fargo Bank, National Association. (Oliver, T.)
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| Plaintiff: Ronald Massie | |
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| Defendant: Wells Fargo Bank, National Association | |
| Represented By: | Sean R. Higgins |
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