Fitzhugh v. HSBC Bank USA, National Association et al
| Earl Fitzhugh |
| Theresa Gravlin, Ocwen Loan Servicing LLC, Towne Auction LLC, PHH Mortgage and HSBC Bank USA, National Association |
| 1:2019cv12394 |
| November 22, 2019 |
| US District Court for the District of Massachusetts |
| F Dennis Saylor |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 51 Statement of Issues on Appeal by Earl Fitzhugh. (Halley, Taylor) |
| Filing 50 USCA Docketing Statement by Earl Fitzhugh. (Halley, Taylor) |
| Filing 49 Certification that no transcript will be ordered by Earl Fitzhugh. (Halley, Taylor) |
| Filing 48 Filing fee/payment: $ 505.00, receipt number 1BST083079 for #1 Complaint (Barbosa, Nilsa) |
| Filing 47 USCA Case Number 21-1022 for #45 Notice of Appeal filed by Earl Fitzhugh. (Paine, Matthew) |
| Filing 46 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #45 Notice of Appeal. (Paine, Matthew) |
| Filing 45 NOTICE OF APPEAL as to #41 Order on Motion for Judgment on the Pleadings, #42 Order Dismissing Case by Earl Fitzhugh NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 1/25/2021. (Halley, Taylor) |
| Filing 44 Chief Judge F. Dennis Saylor, IV: "Plaintiff's motion for an extension of time in which to file his notice of appeal (Docket No. 43) is GRANTED in part and DENIED in part. Plaintiff's notice of appeal is due Monday, January 4, 2021. His request seeks an extension of 30 days, based on his stated concern that he may not be able to obtain a date-stamped copy of the notice to prove that his filing was timely, and that the mail system may not be reliable under current circumstances. No such problem has yet occurred, and if it does, plaintiff may be able to show excusable neglect or good cause. Despite the absence of good cause, the Court will nonetheless grant a brief extension to Friday, January 8, 2021, for the filing of the notice of appeal."ELECTRONIC ORDER entered granting in part and denying in part #43 Motion for Extension of Time to File. (Bono, Christine) |
| Filing 43 MOTION for Extension of Time to File Appeal by Earl Fitzhugh.(Halley, Taylor) |
| Filing 42 Chief Judge F. Dennis Saylor, IV: ORDER entered. ORDER DISMISSING CASE(Halley, Taylor) |
| Filing 41 Chief Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered granting #21 Motion for Judgment on the Pleadings (Halley, Taylor) |
| Filing 40 REPLY to Response to #21 MOTION for Judgment on the Pleadings (Leave to file granted 8/18/20) filed by HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage. (Manganaro, Kevin) |
| Filing 39 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #38 Motion for Leave to File Document. (Bono, Christine) |
| Filing 38 MOTION for Leave to File to File a Reply in Further Support of Motion for Judgment on the Pleadings by HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage.(Manganaro, Kevin) |
| Filing 37 AFFIDAVIT in Support re #36 Memorandum in Opposition to Motion. (Attachments: #1 Exhibit, (Halley, Taylor) |
| Filing 36 MEMORANDUM in Opposition re #21 MOTION for Judgment on the Pleadings filed by Earl Fitzhugh. (Halley, Taylor) |
| Filing 35 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #32 Motion for Extension of Time. Response due 8/3/2020. (Bono, Christine) |
| Filing 34 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 7/27/2020. Case called; hearing is conducted by telephone. Plaintiff Fitzhugh informs court that on 7/24/2020, he mailed a motion for a 10-day extension of time to respond to defendant's motion for judgment on pleadings. Court will grant motion upon receipt; plaintiff's response shall be due by 8/3/2020. Court will extend pending deadlines 30 days as follows:Amended Deadlines:Amendments to pleadings shall be due by 8/17/2020.Defendants shall serve discovery requests on the plaintiff 2 weeks after the date of the Court's ruling on the pending Motion for Judgment on the Pleadings, if any claims remain.Defendants shall respond to the plaintiff's 5/22/2020 discovery requests 30 days from the date of the Court's ruling on the pending Motion for Judgment on the Pleadings.Depositions, other than expert depositions, and fact discovery to be completed by 9/24/2020.Parties are directed to file a notice of intent to call an expert by 9/17/2020.Dispositive Motions shall be due by 10/26/2020. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Fitzhugh, Lake) (Bono, Christine) |
| Filing 33 MEMORANDUM in Support re #32 MOTION for Extension of Time filed by Earl Fitzhugh. (Attachments: #1 Affidavit)(Halley, Taylor) |
| Filing 32 Plaintiff Earl Fitzhugh's Emergency Ex-Parte Motion for Enlargement of Time In Which To File Opposition To Defendants' Motion For Judgement On the Pleadings by Earl Fitzhugh.(Halley, Taylor) |
| Filing 31 NOTICE re: Status Conference set for 7/27/2020 at 3:00 PM before Chief Judge F. Dennis Saylor IV: This hearing shall be conducted remotely, by telephone only.Please use the following call-in information: DIAL IN #: 888-675-2535; ACCESS CODE: 7629998. (Please do not put call on speaker or hold. Please call from a quiet area and place call on mute if you will not be speaking.)Access to the hearing will be made available to the media and public by way of teleconference. In order to gain access to the hearing via teleconference you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general order s and public notices available on www.mad.uscourts.gov or contact www.media@uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Bono, Christine) |
| Filing 30 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #29 Motion for Extension of Time. Plaintiff's response/reply to Defendants' Motion for Judgment on the Pleadings due 7/24/2020. (Bono, Christine) |
| Filing 29 PLAINTIFF'S SECOND EMERGENCY EX PARTE MOTION FOR ENLARGEMENT OF TIME IN WHICH TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR JUDGEMENT ON THE PLEADINGS (Halley, Taylor) (Main Document 29 replaced on 7/1/2020) (Halley, Taylor). |
| Filing 28 Letter/request (non-motion) from Earl Fitzhugh. (Halley, Taylor) |
| Filing 27 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #25 Motion for Extension of Time.Deadlines are amended as follows:Amendments to pleadings shall be due by 7/17/2020.Defendants shall serve discovery requests on the plaintiff 2 weeks after the date of the Court's ruling on the pending Motion for Judgment on the Pleadings, if any claims remain.Defendants shall respond to the plaintiff's 5/22/2020 discovery requests 30 days from the date of the Court's ruling on the pending Motion for Judgment on the Pleadings.Depositions, other than expert depositions, and fact discovery to be completed by 8/24/2020.Parties are directed to file a notice of intent to call an expert by 8/17/2020.Dispositive Motions shall be due by 9/24/2020. (Bono, Christine) |
| Filing 26 Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #24 Motion for Extension of Time to File Response/Reply; Plaintiff's response/reply to Defendants' Motion for Judgment on the Pleadings due 7/1/2020. (Bono, Christine) |
| Filing 25 MOTION for Extension of Time to Extend Scheduling Order by HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage.(Manganaro, Kevin) |
| Filing 24 PLAINTIFF'S EMERGENCY EX PARTE MOTION AND MEMORANDUM FOR ENLARGEMENT OF TIME IN WHICH TO FILE OPPOSITION TO DEFENDANTS' MOTION FOR JUDGEMENT ON THE PLEADINGS by Earl Fitzhugh.(Halley, Taylor) Modified on 5/20/2020 (Halley, Taylor). |
| Filing 23 AFFIDAVIT of Hale Yazicioglu Lake in Support re #21 MOTION for Judgment on the Pleadings filed by HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage. (Attachments: #1 Exhibit A - Mortgage, #2 Exhibit B - Assignment of Mortgage, #3 Exhibit C - Assignment of Mortgage, #4 Exhibit D - Corporate Assignment of Mortgage, #5 Exhibit E - Affidavit re Compliance Sec 35B, #6 Exhibit F - Affidavit of Compliance Sec 35C, #7 Exhibit G - Consent Judgment, #8 Exhibit H - Letter from AGO, #9 Exhibit I - 90-Day Right to Cure, #10 Exhibit J - Michigan docket)(Lake, Hale) (Attachment 9 replaced on 5/4/2020) (Halley, Taylor). |
| Filing 22 MEMORANDUM in Support re #21 MOTION for Judgment on the Pleadings filed by HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage. (Lake, Hale) |
| Filing 21 MOTION for Judgment on the Pleadings by HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage.(Lake, Hale) |
| Filing 20 Chief Judge F. Dennis Saylor, IV: SCHEDULING ORDER entered. SCHEDULING ORDER DEADLINES:Initial disclosures shall be due by 3/25/2020. Amendments to pleadings shall be due by 6/18/2020. Written requests for discovery shall be served by 5/22/2020. Depositions, other than expert depositions, and fact discovery to be completed by 7/24/2020. Parties are directed to file a notice of intent to call an expert by 7/17/2020. Dispositive Motions shall be due by 8/24/2020. NOTICE OF HEARING(S): Status Conference set for 7/27/2020 03:00 PM in Courtroom 10 before Chief Judge F. Dennis Saylor IV. (Parties may participate by telephone by e-mailing the deputy clerk at least 2 days prior to the conference for dial-in information.) (Bono, Christine) |
| Filing 19 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Scheduling Conference held on 3/11/2020. Case called. Court sets schedule and future status conferences. Scheduling Order to issue. Court conducts colloquy concerning interest in mediation and process to notify court if applicable. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Parties/Attorneys present: Fitzhugh, Lake) (Bono, Christine) |
| Filing 18 CERTIFICATION pursuant to Local Rule 16.1 of Defendant Ocwen Loan Servicing, LLC n/k/a PHH Mortgage Corporation. (Manganaro, Kevin) |
| Filing 17 CERTIFICATION pursuant to Local Rule 16.1 of Defendant HSBC Bank USA, National Association, as Trustee. (Manganaro, Kevin) |
| Filing 16 JOINT STATEMENT re scheduling conference . (Lake, Hale) |
| Filing 15 Chief Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS. (Kelly, Danielle) |
| Filing 14 NOTICE of Scheduling Conference. Scheduling Conference set for 3/11/2020 11:00 AM in Courtroom 10 before Chief Judge F. Dennis Saylor IV. (Attachments: #1 Template for Scheduling Order) Copy mailed. (Bono, Christine) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by PHH Mortgage. (Manganaro, Kevin) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by HSBC Bank USA, National Association. (Manganaro, Kevin) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Ocwen Loan Servicing LLC. (Manganaro, Kevin) |
| Filing 10 ANSWER to #1 Complaint by HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage.(Manganaro, Kevin) |
| Filing 9 NOTICE of Appearance by Hale Yazicioglu Lake on behalf of HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage (Lake, Hale) |
| Filing 8 NOTICE of Appearance by Kevin W. Manganaro on behalf of HSBC Bank USA, National Association, Ocwen Loan Servicing LLC, PHH Mortgage (Manganaro, Kevin) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Theresa Gravlin, Towne Auction LLC.(Gikas, Effie) |
| Filing 5 Filing fee/payment: $400.00, receipt number 1BST077454 for #1 Complaint (Coppola, Katelyn) |
| Filing 4 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. (Castilla, Francis) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV 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 M. Page Kelley. (Garvin, Brendan) |
| Filing 1 COMPLAINT against All Defendants, filed by Earl Fitzhugh. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Castilla, Francis) |
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