Bean v. The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2 et al
Plaintiff: Cathleen Bean
Defendant: Bank of New York Mellon Corp., Orlans PC and The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2
Case Number: 1:2019cv11791
Filed: August 21, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Jennifer C Boal
Referring Judge: Nathaniel M Gorton
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2020 Filing 29 REPLY TO OBJECTION to #26 Report and Recommendations (Defendants' Response to Plaintiff's Objection to Magistrate Report) filed by Bank of New York Mellon Corp., The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2. (Carr, Peter)
February 12, 2020 Filing 28 ELECTRONIC NOTICE issued requesting courtesy copy for #27 Objection to Report and Recommendations. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine)
February 11, 2020 Filing 27 OBJECTION to #26 Report and Recommendations filed by Cathleen Bean. (Attachments: #1 Exhibit Report and Recommendation, #2 Exhibit Lozzi decision to Remand, #3 Exhibit Smith decision to Remand, #4 Exhibit 93A Demand Dec. 1 2017, #5 Exhibit 93A Demand May 15, 2018, #6 Exhibit 93A Demand June 19, 2018)(Wasser, Brian)
January 28, 2020 Filing 26 Magistrate Judge Jennifer C. Boal: ORDER entered. REPORT AND RECOMMENDATIONS re #9 MOTION to Remand to State Court, #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Recommendation: This Court recommends that Judge Gorton deny Bean's motion to remand, grant Orlans and the BNYM Defendants' motions to dismiss, and dismiss the complaint. Objections to R&R due by 2/11/2020. (York, Steve)
January 24, 2020 Filing 25 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Motion Hearing held on 1/24/2020 re #9 MOTION to Remand to State Court, #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The Court heard arguments from the parties and took the matter under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Wasser for plaintiff; Carr & Gikas for defendants;) (York, Steve)
December 20, 2019 Filing 24 ELECTRONIC NOTICE Rescheduling Hearing on Motions re #9 Motion to Remand to State Court , #11 Motion to dismiss for failure to state a claim , #14 Motion to dismiss for failure to state a claim . The Motion Hearing has been reschedule to January 24, 2020 at 3:00 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve)
December 20, 2019 Filing 23 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #22 Assented to Motion to Continue Hearing. (York, Steve)
December 20, 2019 Filing 22 Assented to MOTION to Continue Hearing to January 31, 2020 or such other date available to the Court by Cathleen Bean.(Wasser, Brian)
December 17, 2019 Filing 21 NOTICE Setting Hearing on Motion re #9 MOTION to Remand to State Court , #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. A Motion Hearing is set for January 10, 2020 at 3:00 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve)
October 4, 2019 Filing 20 Objection to #19 Opposition to Motion by Bank of New York Mellon Corp., The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2 (Opposition of Defendants The Bank of New York Mellon f/k/a the Bank of New York, as Trustee, and Bank of New York Mellon Corp. to Plaintiff's Request for Sanctions). (Carr, Peter)
September 27, 2019 Filing 19 Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cathleen Bean. (Attachments: #1 Exhibit Appeals Court Decision - J Session)(Wasser, Brian)
September 25, 2019 Filing 18 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #17 Assented to Motion for Extension of Time to October 4, 2019 to File Response/Reply. (York, Steve)
September 25, 2019 Filing 17 Assented to MOTION for Extension of Time to October 4, 2019 to File Response/Reply as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cathleen Bean.(Wasser, Brian)
September 16, 2019 Filing 16 Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cathleen Bean. (Attachments: #1 Exhibit Lozzi Dist Court Decision, #2 Exhibit Smith Dist Court Decision, #3 Exhibit DunDon Appeals Ct Decision)(Wasser, Brian)
September 13, 2019 Filing 15 MEMORANDUM in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bank of New York Mellon Corp., The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2. (Attachments: #1 Exhibit 1 - Mortgage)(Carr, Peter)
September 13, 2019 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of New York Mellon Corp., The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2.(Carr, Peter)
September 13, 2019 Filing 13 Opposition re #9 MOTION to Remand to State Court filed by Bank of New York Mellon Corp., The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2. (Attachments: #1 Exhibit 1 - Mortgage)(Carr, Peter)
September 11, 2019 Filing 12 STATE COURT Record. (Carr, Peter)
September 4, 2019 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Orlans PC.(Gikas, Effie)
September 4, 2019 Filing 10 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal Referred for: Report and Recommendations (rr). Motions referred: #9 MOTION to Remand to State Court . (Lima, Christine) Motions referred to Jennifer C. Boal.
September 3, 2019 Filing 9 MOTION to Remand to State Court by Cathleen Bean. (Attachments: #1 Exhibit Exhibits 1-7 in support of Remand)(Wasser, Brian)
August 29, 2019 Filing 8 NOTICE of Appearance by Effie L. Gikas on behalf of Orlans PC (Gikas, Effie)
August 26, 2019 Filing 7 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING CASE to Referred for: Full Pretrial, Dispositive Motions (ptd). (Vieira, Leonardo)
August 22, 2019 Filing 6 CORPORATE DISCLOSURE STATEMENT by Bank of New York Mellon Corp.. (Carr, Peter)
August 22, 2019 Filing 5 NOTICE of Appearance by Peter Francis Carr, II on behalf of Bank of New York Mellon Corp., The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2 (Carr, Peter)
August 22, 2019 Filing 4 CORPORATE DISCLOSURE STATEMENT by The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2 identifying Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2.. (Carr, Peter)
August 21, 2019 Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email.(Burgos, Sandra)
August 21, 2019 Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton 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)
August 21, 2019 Filing 1 NOTICE OF REMOVAL by Bank of New York Mellon Corp., The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2 ( Filing fee: $ 400, receipt number 0101-7842251 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Assessed Value, #3 Exhibit C - Notice of Filing, #4 Civil Cover Sheet, #5 Local Category Form)(Shea, Carson)

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Plaintiff: Cathleen Bean
Represented By: Brian J. Wasser
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Defendant: Bank of New York Mellon Corp.
Represented By: Carson M. Shea
Represented By: Peter Francis Carr, II
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Defendant: Orlans PC
Represented By: Effie L. Gikas
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Defendant: The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2007-2
Represented By: Carson M. Shea
Represented By: Peter Francis Carr, II
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