Belcher et al v. Bank of New York Mellon et al
| Robert and Zarina Belcher, Robert Belcher and Zarina Belcher |
| John Does 1-10, SELECT PORTFOLIO SERVICING, INC., Orlans PC and Bank of New York Mellon |
| 1:2020cv10511 |
| March 12, 2020 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Real Property: Foreclosure |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Robert Belcher, Zarina Belcher re 24 Order,,, Set Motion and R&R Deadlines/Hearings,, . (Rivera-Bujosa, Mernaysa) |
| Filing 24 Judge Indira Talwani: ELECTRONIC ORDER: No later than May 15, 2020, Plaintiffs Robert Belcher and Zarina Belcher shall file either pro se Notices of Appearance, Notice of Appearance of Substitute Counsel, or an opposition to their counsel's Motion to Withdraw #23 . Plaintiffs' time to respond to Defendants Bank of New York Mellon and Select Portfolio Servicing's pending Motion to Dismiss #21 is extended to May 29, 2020. Plaintiffs' counsel shall serve a copy of this order on Plaintiffs by first class mail and email, and shall promptly file a certificate of service. (Kelly, Danielle) |
| Filing 23 MOTION to Withdraw as Attorney for the Plaintiffs by Robert Belcher, Zarina Belcher.(Rivera-Bujosa, Mernaysa) |
| Filing 22 MEMORANDUM in Support re #21 MOTION to Dismiss the Complaint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bank of New York Mellon, SELECT PORTFOLIO SERVICING, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Seeley, Donald) |
| Filing 21 MOTION to Dismiss the Complaint, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 5/14/2020) by Bank of New York Mellon, SELECT PORTFOLIO SERVICING, INC..(Seeley, Donald) |
| Filing 20 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Telephone Conference held on 4/28/2020. Case called. Court had colloquy with counsel. Counsel to confer pursuant to LR 7.1 on all motions. Motion deadline 5/8/2020; response due 5/22/2020. Prelim. Injunction will not go forward at this time. State court record deadline extended to 28 days after the reopening of state court. Parties to jointly report to clerk any request for ADR. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Mernaysa Rivera-Bujosa, Donald W. Seeley, Jr., Effie L. Gikas) (MacDonald, Gail) |
| Filing 19 Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice Defendant Orlans PC's #17 Motion to Dismiss. This case is currently stayed. The lifting of the stay and next steps will be addressed at the telephone status conference scheduled for April 28, 2020. (Kelly, Danielle) |
| Filing 18 MEMORANDUM of Law in Support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Orlans PC. (Kelly, Danielle) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Orlans PC.(Gikas, Effie). Modified on 4/23/2020: Replaced main document to extract memo in support to properly file in separate entry (Kelly, Danielle). |
| Filing 16 ELECTRONIC NOTICE of Hearing. Telephone Status Conference set for 4/28/2020 02:45 PM in Courtroom 9 before Judge Indira Talwani. Calling instructions will be provided to counsel by the clerk. (Kelly, Danielle) |
| Filing 15 NOTICE by Orlans PC Dismissal of Bankruptcy (Gikas, Effie) |
| Filing 13 Judge Indira Talwani: ELECTRONIC ORDER: In light of Suggestion of Bankruptcy #12 , this case is stayed. Defendants shall file a status report upon the conclusion of the bankruptcy proceedings. (Kelly, Danielle) |
| Filing 14 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Hearing held on 3/17/2020. Case called. Court had colloquy with counsel. Parties agreed action should be stayed due to bankruptcy and shall file a status report within 14 days of the bankruptcy proceedings being concluded. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.) (Attorneys present: Donald Feeley, Mernaysa River-Bujosa to file a limited appearance.) (MacDonald, Gail) |
| Filing 12 SUGGESTION OF BANKRUPTCY Upon the Record by Robert Belcher, Zarina Belcher. (Rivera-Bujosa, Mernaysa) |
| Filing 11 NOTICE of Appearance by Mernaysa Rivera-Bujosa on behalf of Robert Belcher, Zarina Belcher (Rivera-Bujosa, Mernaysa) |
| Filing 10 Judge Indira Talwani: Electronic Order: In light of the declaration of the Governor of the Commonwealth of Massachusetts of a state of emergency in the Commonwealth, the Court's General Order 20-2 encouraging judges to conduct court proceedings by telephone or video conferencing where practicable, and the declaration of the President of the United States of a national emergency on March 13, 2020, the hearing set for tomorrow, March 17, 2020, at 2:00 p.m. will be conducted through the court's teleconference system only. Please dial 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system. (MacDonald, Gail) |
| Filing 9 ELECTRONIC NOTICE of Hearing: A hearing on the motion for preliminary injunction/temporary restraining order will be held on Tuesday, March 17, 2020, at 2:00 p.m. The parties may appear by telephone. Please dial 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system. (Kelly, Danielle) |
| Filing 8 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Kelly, Danielle) |
| Filing 7 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 6 NOTICE of Appearance by Jeffrey D. Adams on behalf of Bank of New York Mellon, SELECT PORTFOLIO SERVICING, INC. (Adams, Jeffrey) |
| Filing 5 NOTICE of Appearance by Donald W. Seeley, Jr on behalf of Bank of New York Mellon, SELECT PORTFOLIO SERVICING, INC. (Seeley, Donald) |
| Filing 4 Objection by Bank of New York Mellon, SELECT PORTFOLIO SERVICING, INC. DEFENDANTS OPPOSITION TO PLAINTIFFS EMERGENCY PETITION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION. (Attachments: #1 Exhibit A-Note, #2 Exhibit B-Mortgage, #3 Exhibit C-Assignment)(Seeley, Donald) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Bank of New York Mellon, SELECT PORTFOLIO SERVICING, INC.. (Seeley, Donald) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Bank of New York Mellon, SELECT PORTFOLIO SERVICING, INC.. (Seeley, Donald) |
| Filing 1 NOTICE OF REMOVAL by Bank of New York Mellon, SELECT PORTFOLIO SERVICING, INC. ( Filing fee: $ 400, receipt number 0101-8153032 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Category Form)(Seeley, Donald) (Attachment 2 replaced on 3/13/2020) (Kelly, Danielle). |
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