Gaudet v. US Bank National Association et al
| Daniel G. Gaudet |
| US Bank National Association, Eileen Griffin Wright, Law Office Nelson Mulins Riley & Scarbourogh, Wells Fargo Bank and Peter J. Koutoujian |
| 1:2019cv11347 |
| June 18, 2019 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 |
| None |
Docket Report
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| Filing 21 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #7 Motion for Preliminary Injunction. Having considered the motion for preliminary injunction, D. 7, and the opposition to same, D. 18, the Court DENIES the motion. Having considered the four prongs for obtaining a preliminary injunction, Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc., 645 F.3d 26, 32 (1st Cir. 2011), Plaintiff Daniel Gaudet ("Gaudet") has failed to meet his burden of showing that such extraordinary relief is warranted. First and foremost, there has been no showing that he is likely to succeed on the merits, particularly where his current claims are barred by res judicata by two earlier suits, one in this Court, involving this same property, the prospect of foreclosure and the same Bank parties and which was resolved against him. D. 18 at 4-5; 18-1 at 25-26. Even if the Court reaches the merits on his claims now asserted, he has no likelihood of success on the merits, particularly where his bare bones complaint does not plausibly state a factual or legal basis for relief. See D. 18 at 7-8. Having concluded that Gaudet has not shown a reasonable likelihood of success on the merits, the Court need not address the other factors of risk of irreparable harm, the balance of equities or whether such injunction would be in the public interest since a plaintiff must satisfy all of four prongs to obtain injunctive relief. For all of these reasons, the motion for preliminary injunction is DENIED. (Hourihan, Lisa) |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Dismiss filed by Law Office Nelson Mulins Riley & Scarbourogh. (Attachments: #1 Exhibit Exhibit A)(Kingston, Christine) |
| Filing 19 MOTION to Dismiss by Law Office Nelson Mulins Riley & Scarbourogh.(Kingston, Christine) |
| Filing 18 Opposition re #7 MOTION for Preliminary Injunction filed by US Bank National Association. (Attachments: #1 Exhibit Exhibits 1-6)(Kingston, Christine) |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss filed by US Bank National Association. (Attachments: #1 Exhibit Exhibits 1-6)(Kingston, Christine) |
| Filing 16 MOTION to Dismiss by US Bank National Association. (Attachments: #1 Supplement Memorandum of Law in Support of its Motion to Dismiss Plaintiff's Complaint, #2 Exhibit Exhibits 1-6)(Kingston, Christine) |
| Filing 15 MEMORANDUM in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wells Fargo Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Watson, Hollee) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wells Fargo Bank.(Watson, Hollee) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss filed by Eileen Griffin Wright. (Gregory, Jay) |
| Filing 12 MOTION to Dismiss by Eileen Griffin Wright.(Gregory, Jay) |
| Filing 11 NOTICE of Appearance by Christine Kingston on behalf of Law Office Nelson Mulins Riley & Scarbourogh, US Bank National Association (Kingston, Christine) |
| Filing 10 NOTICE of Appearance by Kevin P. Polansky on behalf of Law Office Nelson Mulins Riley & Scarbourogh, US Bank National Association (Polansky, Kevin) |
| Filing 9 NOTICE of Appearance by Hollee M. Watson on behalf of Wells Fargo Bank (Watson, Hollee) |
| Filing 8 NOTICE of Appearance by Sean R. Higgins on behalf of Wells Fargo Bank (Higgins, Sean) |
| Filing 7 MOTION to Impose Injunction on Defendants by Daniel G. Gaudet.(McKillop, Matthew) |
| Filing 6 Filing fee: $400.00, receipt number 1BST074959 for #1 Complaint (Coppola, Katelyn) |
| Filing 5 Copy re #4 General Order 09-1, #3 Summons Issued, and docket sheet mailed to Daniel Gaudet on 6/18/2019. (Pacho, Arnold) |
Filing 4
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Pacho, Arnold)
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| Filing 3 Summons Issued as to All Defendants. 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. (Pacho, Arnold) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 Jennifer C. Boal. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants, filed by Daniel G. Gaudet. (Attachments: #1 Civil Cover Sheet) (Pacho, Arnold) |
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