Bishay et al v. Supreme Judicial Court of the Commonwealth of Massachusetts et al
Plaintiff: Mary Bishay and Bahig Bishay
Defendant: Real Estate Growth Fund, LLC, Jon Freeman, Michael P. Giunta, Merrill Lynch Credit Corp., Justice Barbara A. Lenk, Justice Scott L. Kafker, Peter D. Kyburg, Justice Elspeth B. Cypher, Supreme Judicial Court of the Commonwealth of Massachusetts, Justice Kimberly S. Budd, Justice Frank M. Gaziano, Justice David A. Lowy, Justice Ralph D. Gants and Bank of America
Case Number: 1:2018cv12610
Filed: December 19, 2018
Court: US District Court for the District of Massachusetts
Presiding Judge: Leo T Sorokin
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2019 Filing 46 Opposition re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bahig Bishay, Mary Bishay. (Bishay, Bahig)
February 14, 2019 Filing 45 Opposition re #42 MOTION for Default Judgment as to JON FREEMAN filed by Jon Freeman. (Pierce, Robert)
February 14, 2019 Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jon Freeman.(Pierce, Robert)
February 14, 2019 Filing 43 NOTICE of Appearance by Robert R. Pierce on behalf of Jon Freeman (Pierce, Robert)
February 14, 2019 Filing 42 MOTION for Default Judgment as to JON FREEMAN by Bahig Bishay, Mary Bishay. (Attachments: #1 Text of Proposed Order)(Bishay, Bahig)
February 14, 2019 Filing 41 Request for notice of default by Bahig Bishay, Mary Bishay . (Attachments: #1 Affidavit)(Bishay, Bahig)
February 12, 2019 Filing 40 Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bahig Bishay, Mary Bishay. (Attachments: #1 Exhibit Exhibit-A)(Bishay, Bahig)
February 9, 2019 Filing 39 Opposition re #9 MOTION to Dismiss filed by Bahig Bishay, Mary Bishay. (Bishay, Bahig)
February 8, 2019 Filing 38 Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Bahig Bishay, Mary Bishay. (Attachments: #1 Exhibit Ex.A, #2 Exhibit Ex.B, #3 Exhibit Ex.C, #4 Exhibit Ex.D, #5 Exhibit Ex.E, #6 Exhibit Ex.F)(Bishay, Bahig)
February 1, 2019 Filing 37 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. #34 Motion for Extension of Time to File Response is ALLOWED to the extent that the opposition to the Guinta's Motion to Dismiss (#9) is due February 15, 2019. ( A copy of this Order has been mailed to the Plaintiffs.) (Montes, Mariliz)
February 1, 2019 Filing 36 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. #33 Plaintiff's Motion to Strike Defendant, Michael P. Gunta's Motion to Dismiss is DENIED. Nothing suggests that conferral would narrow the issues. The Court exempts all the parties from compliance with the requirement of conferral established in Local Rule 7.1 regarding motion practice prior to the Rule 16 Conference.(A copy of this Order has been mailed to the Plaintiffs.) (Montes, Mariliz)
January 31, 2019 Filing 35 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #29 Motion for Extension of Time to Answer to April 1, 2019. re #1 Complaint Kimberly S. Budd, Elspeth B. Cypher, Ralph D. Gants, Frank M. Gaziano, Scott L. Kafker, Barbara A. Lenk, David A. Lowy answers due 4/1/2019. (Simeone, Maria)
January 31, 2019 Filing 34 MOTION for Extension of Time to 14 days after ruling on Motion to Strike to File Response/Reply by Bahig Bishay, Mary Bishay.(Bishay, Bahig)
January 31, 2019 Filing 33 MOTION to Strike #9 MOTION to Dismiss by Bahig Bishay, Mary Bishay. (Attachments: #1 Affidavit)(Bishay, Bahig)
January 31, 2019 Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Peter D. Kyburg, Real Estate Growth Fund, LLC. (Attachments: #1 Rule 7.1 Certification)(Pierce, Robert)
January 31, 2019 Filing 31 NOTICE of Appearance by Robert R. Pierce on behalf of Peter D. Kyburg, Real Estate Growth Fund, LLC (Pierce, Robert)
January 31, 2019 Filing 30 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered denying #28 Plaintiff's Motion for Reconsideration. (A copy of this Order has been mailed to the Plaintiffs.) (Montes, Mariliz)
January 31, 2019 Filing 29 First MOTION for Extension of Time to April 1, 2019 to File Answer by Kimberly S. Budd, Elspeth B. Cypher, Ralph D. Gants, Frank M. Gaziano, Scott L. Kafker, Barbara A. Lenk, David A. Lowy, Supreme Judicial Court of the Commonwealth of Massachusetts.(Kaplan, Elizabeth)
January 30, 2019 Filing 28 MOTION for Reconsideration re 27 Order on Motion for Entry of Default,, Order on Motion for Default Judgment, by Bahig Bishay, Mary Bishay. (Attachments: #1 Exhibit)(Bishay, Bahig)
January 29, 2019 Filing 27 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Motions for Default (#18 and #19) are DENIED. Mailing is insufficient to establish compliance with the service requirements of Rule 4. See Fed. R. Civ. P. 4(h)(1)(B). ( A copy of this Order has been mailed to the Plaintiffs.) (Montes, Mariliz)
January 29, 2019 Filing 26 NOTICE of Appearance by Elizabeth A. Kaplan on behalf of Kimberly S. Budd, Elspeth B. Cypher, Ralph D. Gants, Frank M. Gaziano, Scott L. Kafker, Barbara A. Lenk, David A. Lowy, Supreme Judicial Court of the Commonwealth of Massachusetts (Kaplan, Elizabeth)
January 28, 2019 Filing 25 Opposition re #19 MOTION for Default Judgment filed by Merrill Lynch Credit Corp.. (Attachments: #1 Exhibit A-Envelope)(McCann, John)
January 28, 2019 Filing 24 Opposition re #18 MOTION for Entry of Default filed by Merrill Lynch Credit Corp.. (Attachments: #1 Exhibit A-Envelope)(McCann, John)
January 28, 2019 Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Merrill Lynch Credit Corp.. (Attachments: #1 Exhibit A-Order, #2 Exhibit B-Order, #3 Exhibit C-Merrill v Costello, #4 Exhibit D-Foreclosure Deed)(McCann, John)
January 28, 2019 Filing 22 MOTION to Dismiss for Lack of Jurisdiction by Merrill Lynch Credit Corp..(McCann, John)
January 28, 2019 Filing 21 CORPORATE DISCLOSURE STATEMENT by Merrill Lynch Credit Corp. identifying Corporate Parent BANA Holding Corporation for Merrill Lynch Credit Corp... (McCann, John)
January 28, 2019 Filing 20 NOTICE of Appearance by John H. McCann, III on behalf of Merrill Lynch Credit Corp. (McCann, John)
January 28, 2019 Filing 19 MOTION for Default Judgment by Bahig Bishay, Mary Bishay. (Attachments: #1 Text of Proposed Order)(Bishay, Bahig)
January 28, 2019 Filing 18 MOTION for Entry of Default by Bahig Bishay, Mary Bishay. (Attachments: #1 Affidavit)(Bishay, Bahig)
January 23, 2019 Filing 17 Notice of Supplemental Authorities re #13 MOTION for Entry of Default , #14 MOTION for Default Judgment as to SUPREME JUDICIAL COURT OF THE COMMONWEALTH OF MASSACHUSETTS; JUSTICE RALPH D. GANTS, in his individual and official capacity as Chief Justice of the Supreme Judicial Court of Massachusetts; JUSTICE BARBARA A filed by Bahig Bishay, Mary Bishay. (Bishay, Bahig)
January 22, 2019 Filing 16 NOTICE of Appearance by Edward T. Hinchey on behalf of Michael P. Giunta (Hinchey, Edward)
January 22, 2019 Filing 15 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered.As to the SJC and each of the Justices of the SJC, even if only sued in their individual capacity (a matter the Court does not now resolve) this Motion is DENIED as the proof of service fails to establish service in compliance with Federal Rule of Civil Procedure 4(e). Other than defendant Guinta (who has responded to the complaint), the service on the non-government defendants also fails to comply with the requirements of the Rule. Accordingly, the Motion for Default (#13) and Default Judgment (#14) are DENIED. A copy of this Order has been mailed to the Plaintiffs. (Montes, Mariliz)
January 21, 2019 Filing 14 MOTION for Default Judgment as to SUPREME JUDICIAL COURT OF THE COMMONWEALTH OF MASSACHUSETTS; JUSTICE RALPH D. GANTS, in his individual and official capacity as Chief Justice of the Supreme Judicial Court of Massachusetts; JUSTICE BARBARA A. LENK, JUSTICE FRANK M. GAZIANO, JUSTICE DAVID A. LOWY, JUSTICE KIMBERLY S. BUDD, JUSTICE ELSPETH B. CYPHER, JUSTICE SCOTT L. KAFKER, all in their individual and official capacities as Associate Justices of the Supreme Judicial Court of Massachusetts by Bahig Bishay, Mary Bishay. (Attachments: #1 Text of Proposed Order)(Bishay, Bahig)
January 21, 2019 Filing 13 MOTION for Entry of Default by Bahig Bishay, Mary Bishay. (Attachments: #1 Application for Order of Default)(Bishay, Bahig)
January 19, 2019 Filing 12 AFFIDAVIT OF SERVICE Executed by Mary Bishay, Bahig Bishay. Kimberly S. Budd served on 12/27/2018, answer due 1/17/2019; Elspeth B. Cypher served on 12/27/2018, answer due 1/17/2019; Jon Freeman served on 1/2/2019, answer due 1/23/2019; Ralph D. Gants served on 12/27/2018, answer due 1/17/2019; Frank M. Gaziano served on 12/27/2018, answer due 1/17/2019; Michael P. Giunta served on 12/27/2018, answer due 1/17/2019; Scott L. Kafker served on 12/27/2018, answer due 1/17/2019; Peter D. Kyburg served on 1/18/2019, answer due 2/8/2019; Barbara A. Lenk served on 12/27/2018, answer due 1/17/2019; David A. Lowy served on 12/27/2018, answer due 1/17/2019; Merrill Lynch Credit Corp. served on 1/4/2019, answer due 1/25/2019; Real Estate Growth Fund, LLC served on 1/2/2019, answer due 1/23/2019; Supreme Judicial Court of the Commonwealth of Massachusetts served on 12/27/2018, answer due 1/17/2019. Acknowledgement filed by Mary Bishay; Bahig Bishay. (Bishay, Bahig)
January 18, 2019 Filing 11 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 by Charles F. Rourke, II on behalf of Michael P. Giunta. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Rourke, Charles)
January 17, 2019 Filing 10 MEMORANDUM in Support re #9 MOTION to Dismiss filed by Michael P. Giunta. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Rourke, Charles)
January 17, 2019 Filing 9 MOTION to Dismiss by Michael P. Giunta.(Rourke, Charles)
January 17, 2019 Filing 8 NOTICE of Appearance by Charles F. Rourke, II on behalf of Michael P. Giunta (Rourke, Charles)
January 11, 2019 Filing 7 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #6 Motion for leave to electronically file Pro Se for this case only. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://public.mad.uscourts.gov/ecfreg.html (Montes, Mariliz) NEF Regenerated (Montes, Mariliz).
January 7, 2019 Filing 5 Proof of Service due by 3/26/2019. (Simeone, Maria)
January 3, 2019 Filing 6 MOTION for Leave to file electronically Pro Se by Bahig Bishay.(Montes, Mariliz)
December 26, 2018 Filing 4 Summons Issued as to Kimberly S. Budd, Elspeth B. Cypher, Jon Freeman, Ralph D. Gants, Frank M. Gaziano, Michael P. Giunta, Scott L. Kafker, Peter D. Kyburg, Barbara A. Lenk, David A. Lowy, Merrill Lynch Credit Corp., Real Estate Growth Fund, LLC, Supreme Judicial Court of the Commonwealth of Massachusetts. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Kinsella, Devan)
December 19, 2018 Filing 3 Filing fee/payment: $ 400.00, receipt number 1BST072057 for #1 Complaint (Coppola, Katelyn)
December 19, 2018 Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary)
December 19, 2018 Filing 1 COMPLAINT against All Defendants, filed by Bahig Bishay, Mary Bishay. (Attachments: #1 Civil Cover Sheet & Local Category Form, #2 Record Appendix, #3 Exhibit) (Kinsella, Devan).

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Search for this case: Bishay et al v. Supreme Judicial Court of the Commonwealth of Massachusetts et al
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Defendant: Real Estate Growth Fund, LLC
Represented By: Robert R. Pierce
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Defendant: Jon Freeman
Represented By: Robert R. Pierce
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Defendant: Michael P. Giunta
Represented By: Edward T. Hinchey
Represented By: Charles F. Rourke, II
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Defendant: Merrill Lynch Credit Corp.
Represented By: John H. McCann, III
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Defendant: Justice Barbara A. Lenk
Represented By: Elizabeth A. Kaplan
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Defendant: Justice Scott L. Kafker
Represented By: Elizabeth A. Kaplan
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Defendant: Peter D. Kyburg
Represented By: Robert R. Pierce
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Defendant: Justice Elspeth B. Cypher
Represented By: Elizabeth A. Kaplan
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Defendant: Supreme Judicial Court of the Commonwealth of Massachusetts
Represented By: Elizabeth A. Kaplan
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Defendant: Justice Kimberly S. Budd
Represented By: Elizabeth A. Kaplan
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Defendant: Justice Frank M. Gaziano
Represented By: Elizabeth A. Kaplan
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Defendant: Justice David A. Lowy
Represented By: Elizabeth A. Kaplan
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Defendant: Justice Ralph D. Gants
Represented By: Elizabeth A. Kaplan
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Defendant: Bank of America
Represented By: John H. McCann, III
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Plaintiff: Mary Bishay
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Plaintiff: Bahig Bishay
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