Lively v. Ocwen Loan Servicing et al
| Jay H. Lively and Pro Se Party Jay H. Lively |
| Deutsche Bank National Trust and Ocwen Loan Servicing |
| 1:2020cv10415 |
| March 2, 2020 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 Judge Richard G. Stearns: ELECTRONIC ORDER entered re #19 Motion. Treated as a Motion for leave to electronically file Pro Se and Allowed. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://public.mad.uscourts.gov/ecfreg.html The plaintiff must comply with the above requirements within 7 days of this order. With electronic filing privileges provided, the court expects Mr. Lively to file his opposition to defendants' motion to dismiss by May 1, 2020, as ordered in [dkt # 15]. (Pacho, Arnold) |
| Filing 19 MOTION for Extension of Time to File by Jay H. Lively. (Attachments: #1 Exhibit) (Pacho, Arnold) |
| Filing 18 STATE COURT Record. (Guillory Tadesse, Krystle) |
| Filing 17 Copy re docket entries [14-16] mailed to Jay H. Lively on 4/3/20. (Pacho, Arnold) |
| Filing 16 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #14 Motion to Appoint Counsel. There is no constitutional right to a free lawyer in a civil case. See DesRosiers v. Moran, 949 F.2d 15, 24 (1st Cir. 1991). The court has the discretion to appoint counsel only where a party demonstrates that he is indigent and that the exceptional circumstances of his case warrant the appointment of an attorney financed by the public fisc. See id. (noting that a plaintiff must demonstrate that he is indigent and that exceptional circumstances exist in order for the court to consider the appointment of counsel in a civil case). Nearly all pro se parties that institute litigation are untrained in the law and have no experience in researching and preparing legal arguments. Moreover, Mr. Lively has failed in his motion to specify any reasons why he would qualify for appointed counsel in this case. Accordingly, the court denies the motion. (mkz) |
| Filing 15 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #13 Motion for Extension of Time to file the state court record until April 17, 2020, in light of the pandemic creating a backlog of administrative requests at the state court. Correspondingly, plaintiff will have until May 1, 2020, to oppose the motion to dismiss. (Zierk, Marsha) |
| Filing 14 MOTION to Appoint Counsel by Jay H. Lively. (Pacho, Arnold) |
| Filing 13 MOTION for Extension of Time to 04/17/20 to File State Court Record by Deutsche Bank National Trust, Ocwen Loan Servicing. (Attachments: #1 Exhibit A - 3/2/20 letter, #2 Exhibit B - 3/25/20 letter)(Guillory Tadesse, Krystle) |
| Filing 12 MEMORANDUM in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Deutsche Bank National Trust, Ocwen Loan Servicing. (Attachments: #1 Exhibits A-F)(Guillory Tadesse, Krystle) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Deutsche Bank National Trust, Ocwen Loan Servicing.(Guillory Tadesse, Krystle) |
| Filing 10 Copy re [dkt # 9] Order on Motion for Extension of Time to Answer, mailed to Jay H. Lively on 3/12/2020. (Pacho, Arnold) |
| Filing 9 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 MOTION for Extension of Time to March 23, 2020 to File Answer or otherwise respond to Plaintiff's Complaint. Deutsche Bank National Trust and Ocwen Loan Servicing's answers due on 3/23/2020. (Pacho, Arnold) |
| Filing 8 MOTION for Extension of Time to March 23, 2020 to File Answer or otherwise respond to Plaintiff's Complaint by Deutsche Bank National Trust, Ocwen Loan Servicing.(Guillory Tadesse, Krystle) |
| Filing 7 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Currie, Haley) |
| Filing 6 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Judith G. Dein. (Finn, Mary) |
| Filing 5 NOTICE of Appearance by Stephanie Sprague on behalf of Deutsche Bank National Trust, Ocwen Loan Servicing (Sprague, Stephanie) |
| Filing 4 NOTICE of Appearance by Joseph A. Farside, Jr on behalf of Deutsche Bank National Trust, Ocwen Loan Servicing (Farside, Joseph) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Deutsche Bank National Trust identifying Corporate Parent Deutsche Bank Trust Corporation, Corporate Parent Deutsche Bank Holdings, Inc., Corporate Parent DB USA Corporation, Corporate Parent Deutsche Bank AG for Deutsche Bank National Trust.. (Guillory Tadesse, Krystle) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Ocwen Loan Servicing identifying Corporate Parent Ocwen Financial Corporation, Corporate Parent PHH Corporation for Ocwen Loan Servicing.. (Guillory Tadesse, Krystle) |
| Filing 1 NOTICE OF REMOVAL by Deutsche Bank National Trust, Ocwen Loan Servicing ( Filing fee: $ 400, receipt number 0101-8134660 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet and Category Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Note, #4 Exhibit C - Mortgage, #5 Exhibit D - Assignment, #6 Exhibit E - Property Record Card)(Guillory Tadesse, Krystle) |
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