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
| Cathleen Bean |
| 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 |
| 1:2019cv11791 |
| August 21, 2019 |
| US District Court for the District of Massachusetts |
| Jennifer C Boal |
| Nathaniel M Gorton |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 23 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #22 Assented to Motion to Continue Hearing. (York, Steve) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 12 STATE COURT Record. (Carr, Peter) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Orlans PC.(Gikas, Effie) |
| 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. |
| Filing 9 MOTION to Remand to State Court by Cathleen Bean. (Attachments: #1 Exhibit Exhibits 1-7 in support of Remand)(Wasser, Brian) |
| Filing 8 NOTICE of Appearance by Effie L. Gikas on behalf of Orlans PC (Gikas, Effie) |
| Filing 7 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING CASE to Referred for: Full Pretrial, Dispositive Motions (ptd). (Vieira, Leonardo) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Bank of New York Mellon Corp.. (Carr, Peter) |
| 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) |
| 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) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email.(Burgos, Sandra) |
| 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) |
| 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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