Bishay et al v. Supreme Judicial Court of the Commonwealth of Massachusetts et al
| Mary Bishay and Bahig Bishay |
| 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 |
| 1:2018cv12610 |
| December 19, 2018 |
| US District Court for the District of Massachusetts |
| Leo T Sorokin |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 Opposition re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bahig Bishay, Mary Bishay. (Bishay, Bahig) |
| Filing 45 Opposition re #42 MOTION for Default Judgment as to JON FREEMAN filed by Jon Freeman. (Pierce, Robert) |
| Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jon Freeman.(Pierce, Robert) |
| Filing 43 NOTICE of Appearance by Robert R. Pierce on behalf of Jon Freeman (Pierce, Robert) |
| Filing 42 MOTION for Default Judgment as to JON FREEMAN by Bahig Bishay, Mary Bishay. (Attachments: #1 Text of Proposed Order)(Bishay, Bahig) |
| Filing 41 Request for notice of default by Bahig Bishay, Mary Bishay . (Attachments: #1 Affidavit)(Bishay, Bahig) |
| 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) |
| Filing 39 Opposition re #9 MOTION to Dismiss filed by Bahig Bishay, Mary Bishay. (Bishay, Bahig) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 33 MOTION to Strike #9 MOTION to Dismiss by Bahig Bishay, Mary Bishay. (Attachments: #1 Affidavit)(Bishay, Bahig) |
| 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) |
| Filing 31 NOTICE of Appearance by Robert R. Pierce on behalf of Peter D. Kyburg, Real Estate Growth Fund, LLC (Pierce, Robert) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 25 Opposition re #19 MOTION for Default Judgment filed by Merrill Lynch Credit Corp.. (Attachments: #1 Exhibit A-Envelope)(McCann, John) |
| Filing 24 Opposition re #18 MOTION for Entry of Default filed by Merrill Lynch Credit Corp.. (Attachments: #1 Exhibit A-Envelope)(McCann, John) |
| 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) |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction by Merrill Lynch Credit Corp..(McCann, John) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by Merrill Lynch Credit Corp. identifying Corporate Parent BANA Holding Corporation for Merrill Lynch Credit Corp... (McCann, John) |
| Filing 20 NOTICE of Appearance by John H. McCann, III on behalf of Merrill Lynch Credit Corp. (McCann, John) |
| Filing 19 MOTION for Default Judgment by Bahig Bishay, Mary Bishay. (Attachments: #1 Text of Proposed Order)(Bishay, Bahig) |
| Filing 18 MOTION for Entry of Default by Bahig Bishay, Mary Bishay. (Attachments: #1 Affidavit)(Bishay, Bahig) |
| 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) |
| Filing 16 NOTICE of Appearance by Edward T. Hinchey on behalf of Michael P. Giunta (Hinchey, Edward) |
| 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) |
| 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) |
| Filing 13 MOTION for Entry of Default by Bahig Bishay, Mary Bishay. (Attachments: #1 Application for Order of Default)(Bishay, Bahig) |
| 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) |
| 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) |
| 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) |
| Filing 9 MOTION to Dismiss by Michael P. Giunta.(Rourke, Charles) |
| Filing 8 NOTICE of Appearance by Charles F. Rourke, II on behalf of Michael P. Giunta (Rourke, Charles) |
| 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). |
| Filing 5 Proof of Service due by 3/26/2019. (Simeone, Maria) |
| Filing 6 MOTION for Leave to file electronically Pro Se by Bahig Bishay.(Montes, Mariliz) |
| 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) |
| Filing 3 Filing fee/payment: $ 400.00, receipt number 1BST072057 for #1 Complaint (Coppola, Katelyn) |
| 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) |
| 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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