Costa et al v. Bank of New York Mellon et al
| Frank Costa and Lisa Costa |
| Residential Credit Solutions, Bank of New York Mellon, Ditech Financial LLC, Schechtman, Halperin Savage LLP, Bank of America NA and Bayview Loan Servicing |
| Edward F. Harrington |
| 1:2019cv10539 |
| March 21, 2019 |
| US District Court for the District of Massachusetts |
| Donald L Cabell |
| Patti B Saris |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 Joint Letter/request (non-motion) from plaintiffs and defendants regarding settlement. (Hourihan, Paul) |
| Filing 56 ELECTRONIC NOTICE of ADR Conference Alternative Dispute Resolution Hearing set for 7/22/2019 10:00 AM in Courtroom 20 before Senior Judge Edward F. Harrington. Counsel and principals are ORDERED to be present and to have full settlement authority. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to tracy_mclaughlin@mad.uscourts.gov by 7/17/2019 at 12:00P.M. The mediation memo should be marked "Confidential - Not for docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time or the date poses a serious conflict, please contact Tracy McLaughlin at the email address above.(McLaughlin, Tracy) |
| Filing 55 Notice of assignment to ADR Provider. Judge Edward F. Harrington appointed.(Belpedio, Lisa) |
| Filing 53 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered....ORDER REFERRING CASE to Alternative Dispute Resolution. Parties would like a hearing scheduled as soon as possible.(Molloy, Maryellen) |
| Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Bank of America NA terminated - motion to dismiss, allowed. (Molloy, Maryellen) |
| Filing 54 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered Granting #10 Motion to Dismiss for Failure to State a Claim; granting #23 Motion to Dismiss for Failure to State a Claim, as stated in open court on 6/4/19. (Molloy, Maryellen) |
| Filing 52 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Scheduling Conference held on 6/4/2019. Joint Statement - Not Adopted. Auto Disclosure to go forward, all Discovery Stayed pending settlement discussion. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| Filing 51 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Motion Hearing held on 6/4/2019 re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Residential Credit Solutions, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bank of New York Mellon, Bayview Loan Servicing, #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bank of America NA ORDERED: #23 Motion Dismiss as to RCS - ALLOWED as stated in open court; #10 Motion to Dismiss as to Bank of America-ALLOWED as stated in open court; #27 Motion to Dismiss as Bank of NY Mellon - Under Advisement. ORDERED: By June 25,2019 Letter to be filed with the court re: the status of settlement. Matter Referred to ADR ASAP. (see separate clerks notes for 16.b scheduling conference) (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Bayview Loan Servicing terminated, motion to dismiss allowed on 6/4/19. (Molloy, Maryellen) |
| Filing 50 MEMORANDUM OF LAW by Frank Costa, Lisa Costa to #49 Opposition to Motion. (Culhane, Patrick) |
| Filing 49 First Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Certificate of service filed by Frank Costa, Lisa Costa. (Culhane, Patrick) |
| Filing 47 Memorandum in Opposition by Frank Costa, Lisa Costa to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Note, #3 certificate of service)(Culhane, Patrick) Modified on 5/31/2019 (Lara, Miguel). |
| Filing 46 First Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Frank Costa, Lisa Costa. (Culhane, Patrick) |
| Filing 45 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered allowing #41 Motion for Extension of Time; #42 Motion for Extension of Time. (Lara, Miguel) |
| Filing 44 Opposition re #42 Second MOTION for Extension of Time to 5/31/2019 to File an answer and opposition to the Residential Credit Solutions Inc. motion to dismiss. Certificate of service filed by Residential Credit Solutions. (Sprague, Stephanie) |
| Filing 48 MEMORANDUM in Opposition re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Frank Costa, Lisa Costa. (Lara, Miguel) |
| Filing 43 CERTIFICATION pursuant to Local Rule 16.1 . (Hourihan, Paul) |
| Filing 42 Second MOTION for Extension of Time to 5/31/2019 to File an answer and opposition to the Residential Credit Solutions Inc. motion to dismiss. Certificate of service by Frank Costa, Lisa Costa.(Culhane, Patrick) |
| Filing 41 Second MOTION for Extension of Time to 05/31/2019 to File an answer and opposition to the Bank of America's motion to dismiss. Certificate of service by Frank Costa, Lisa Costa.(Culhane, Patrick) |
| Filing 40 First Opposition re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Frank Costa, Lisa Costa. (Attachments: #2 Exhibit Exhibit A, #3 Exhibit Note, #4 Exhibit Exhibit B, #5 Exhibit mgl ch 244B, #6 Certificate of Service)(Culhane, Patrick) Modified on 5/31/2019 (Lara, Miguel). |
| Filing 39 First RESPONSE to Motion re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Certificate of service filed by Frank Costa, Lisa Costa. (Culhane, Patrick) |
| Filing 38 First JOINT SUBMISSION pursuant to Local Rule 16.1 by Frank Costa, Lisa Costa.(Culhane, Patrick) |
| Filing 37 STATEMENT OF COUNSEL of Bayview Loan Servicing, LLC and Bank of New York Mellon, As Trustee In Anticipation of Scheduling Conference by Bank of New York Mellon, Bayview Loan Servicing. (Hourihan, Paul) |
| Filing 36 STATEMENT OF COUNSEL of Bank of America, N.A. re #19 Notice of Scheduling Conference by Bank of America NA. (Reilly, Stephen) |
| Filing 35 CERTIFICATION pursuant to Local Rule 16.1 By Bank Of America, N.A.. (Reilly, Stephen) |
| Filing 34 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #29 Motion for Extension of Time to File Response/Reply; #30 Motion for Extension of Time to File Response/Reply; #31 Motion for Extension of Time to File Response/Reply. Responses due by 5/29/2019 (Lara, Miguel) |
| Filing 33 CORPORATE DISCLOSURE STATEMENT by Bank of New York Mellon identifying Corporate Parent Bank of New York Mellon Corporation for Bank of New York Mellon.. (Hourihan, Paul) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT by Bayview Loan Servicing identifying Corporate Parent Bayview Asset Management, LLC for Bayview Loan Servicing.. (Hourihan, Paul) |
| Filing 31 First MOTION for Extension of Time to May 29, 2019 to File Answer to Residential Credit Solutions Inc.'s Motion to Dismiss by Frank Costa, Lisa Costa.(Culhane, Patrick) |
| Filing 30 First MOTION for Extension of Time to to file an answer to Bank of America's motion to dismiss to File Answer by Frank Costa, Lisa Costa.(Culhane, Patrick) |
| Filing 29 First MOTION for Extension of Time to May 29, 2019 to File Answer to Bank of New York's motion to dismiss by Frank Costa, Lisa Costa.(Culhane, Patrick) |
| Filing 28 MEMORANDUM in Support re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bank of New York Mellon, Bayview Loan Servicing. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hourihan, Paul) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of New York Mellon, Bayview Loan Servicing.(Hourihan, Paul) |
| Filing 26 NOTICE of Appearance by Paul A. Hourihan, III on behalf of Bank of New York Mellon, Bayview Loan Servicing (Hourihan, Paul) |
| Filing 25 ELECTRONIC NOTICE Setting Hearing on Motion #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 6/4/2019 02:30 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Lara, Miguel) |
| Filing 24 MEMORANDUM in Support re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Residential Credit Solutions. (Attachments: #1 Exhibit A - Note, #2 Exhibit B - Mortgage, #3 Exhibit C - Assignment, #4 Exhibit D - SCRA Action, #5 Exhibit E - Land Court Docket, #6 Exhibit F - Superior Court Docket)(Guillory Tadesse, Krystle) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Residential Credit Solutions.(Guillory Tadesse, Krystle) |
| Filing 22 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #21 Motion for Extension of Time to Respond to Complaint. Responses due by April 18, 2019 as to BAYVIEW LOAN SERVICING AND BANK OF NEW YORK MELLON, ONLY. (Lara, Miguel) |
| Filing 21 Assented to MOTION for Extension of Time to April 18, 2019 to File Answer re #1 Notice of Removal, or Otherwise File a Response by Bank of New York Mellon, Bayview Loan Servicing.(Michienzie, Paul) |
| Filing 20 NOTICE of Appearance by Paul Michienzie on behalf of Bank of New York Mellon, Bayview Loan Servicing (Michienzie, Paul) |
| Filing 19 NOTICE of Scheduling Conference.... Scheduling Conference set for 6/4/2019 02:30 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 18 ELECTRONIC NOTICE Setting Hearing on Motion #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 6/4/2019 02:30 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 17 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #16 Motion for Extension of Time to Answer as to Residential Credit Solutions. Residential Credit Solutions answer due 4/15/2019. (Lara, Miguel) |
| Filing 16 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Residential Credit Solutions.(Guillory Tadesse, Krystle) |
| Filing 15 STATE COURT Record. (Guillory Tadesse, Krystle) |
| Filing 14 ELECTRONIC NOTICE of Case Re-Assignment. Chief Judge Patti B. Saris 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 13 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Guillory Tadesse, Krystle) |
| Filing 12 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #7 Assented to Motion for Extension of Time to Answer Residential Credit Solutions answer due 4/8/2019. (Russo, Noreen) |
| Filing 11 MEMORANDUM in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bank of America NA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Reilly, Stephen) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of America NA.(Reilly, Stephen) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Bank of America NA identifying Corporate Parent Bank of America Corporation for Bank of America NA.. (Reilly, Stephen) |
| Filing 8 NOTICE of Appearance by Stephen C. Reilly on behalf of Bank of America NA (Reilly, Stephen) |
| Filing 7 Assented to MOTION for Extension of Time to April 8, 2019 to File Answer by Residential Credit Solutions.(Sprague, Stephanie) |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Coppola, Katelyn) |
| Filing 5 NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 4 NOTICE of Appearance by Stephanie Sprague on behalf of Residential Credit Solutions (Sprague, Stephanie) |
| Filing 3 NOTICE of Appearance by Krystle S. Guillory Tadesse on behalf of Residential Credit Solutions (Guillory Tadesse, Krystle) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Residential Credit Solutions identifying Corporate Parent American Capital Mortgage Investment Corporation for Residential Credit Solutions.. (Farside, Joseph) |
| Filing 1 NOTICE OF REMOVAL by Residential Credit Solutions ( Filing fee: $ 400, receipt number 0101-7596542 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Mortgage, #4 Exhibit C - Assignment, #5 Exhibit D - Property Record Card)(Farside, Joseph) |
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