Tran v. Mac et al
| Christian J Tran |
| Freddie Mac, MountainOne Bank, Fifth Third Bank and Does 1 Through 100 Inclusive |
| 1:2022cv11609 |
| September 23, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Civil Rights: Other |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 Copy re 34 Order on Motion for Extension of Time, mailed to Christian J. Tran on 1/27/2023. (Pacho, Arnold) |
| Filing 34 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #33 MOTION for Extension of Time to February 21, 2023 to File Motion for Reconsideration of the Dismissal Order, however the court is not inclined to any further extension. (Pacho, Arnold) |
| Filing 33 MOTION for Extension of Time to February 21, 2023 to File Motion for Reconsideration of the Dismissal Order by Christian J. Tran. (Pacho, Arnold) |
| Filing 32 Copy re 30 Order on Motions to Dismiss, #31 Order Dismissing Case, and docket sheet mailed to Christian J. Tran on 1/9/2023. (Pacho, Arnold) |
| Filing 31 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 30 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #16 Motion to Dismiss for Failure to State a Claim; granting #18 Motion to Dismiss for Failure to State a Claim. The court grants the pending motions to dismiss for the reasons stated in defendants' briefing, as elaborated on below.Tran's claims arise from "Loan No. 101410622," an October 25, 2016, transaction for a $459,700 mortgage. Compl. (Dkt # 1) para. 11. Tran alleges that the original lender on this mortgage is MountainOne Bank. But the plain text of that document, incorporated by reference in the Complaint, contradicts any allegation that the loan originated with MountainOne Bank. The agreement unequivocally refers to Loandepot.com, LLC, as the lender. The claims against MountainOne Bank accordingly must be dismissed.To the extent Tran might suggest that he instead meant to rely on the December 28, 2015, loan with MountainOne Bank, dismissal is still warranted. Counts I and III are time-barred by the applicable statutes of limitations. See 15 U.S.C. 1635(f), 1640(e); Mass. Gen. Laws ch. 260, 2A. Tolling is not appropriate because MountainOne Bank has submitted public records showing that the loan was discharged around the same time Tran signed Loan No. 101410622 with Loandepot.com, LLC, and Tran does not explain how any alleged misconduct by MountainOne Bank prior to that date would have been "inherently unknowable," nor does he allege that MountainOne Bank engaged in "any affirmative acts of concealment" after that date. Budrow v. Nat'l City Mortg. Co., 2022 WL 14829551, at *5 (D. Mass. Oct. 26, 2022); see also Calvin Lai Chan v. Saxon Mortg. Serv., Inc., 2010 WL 11580042, at *8 (D. Mass. Jan. 11, 2010). As for Count II, the legal basis for the claim is unclear -- there is no requirement in Massachusetts to record a note, and because no debt collection activities can occur on the discharged MountainOne Bank loan, there is no justification to order an equitable accounting. Finally, with respect to Count IV, the debt having been discharged, there are no debt collection activities to enjoin.Turning to the claims against Freddie Mac and Fifth Third Bank, the court finds Counts I through IV insufficiently pled. The Complaint lacks any allegation that either Freddie Mac and Fifth Third Bank was involved in the origination of Loan No. 101410622 or in any debt collection activities associated with it. In the absence of such allegations, Tran has failed to plausibly state a claim. (RGS, law3) |
| Filing 29 Combined Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christian J Tran. (Pacho, Arnold) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT by Freddie Mac. (Brown, Trevor) |
| Filing 27 CORPORATE DISCLOSURE STATEMENT by Fifth Third Bank identifying Corporate Parent The Vanguard Group, Inc for Fifth Third Bank.. (Brown, Trevor) |
| Filing 26 NOTICE of Appearance by Maya H. Ginga on behalf of MountainOne Bank (Ginga, Maya) |
| Filing 25 Copy re 24 Order on Motion for Extension of Time to File Response, mailed to Christian J. Tran on 12/21/2022. (Pacho, Arnold) |
| Filing 24 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #23 Motion for Extension of Time to File Response. The court will extend the deadline to respond to the pending motions to dismiss by two weeks. Plaintiff's responses are due no later than 1/6/2023. (RGS, law3) |
| Filing 23 MOTION for Extension of Time to January 23, 2023 to File Response as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Christian J. Tran. (Pacho, Arnold) |
| Filing 22 NOTICE of Appearance by Eric P. Magnuson on behalf of MountainOne Bank (Magnuson, Eric) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by MountainOne Bank. (Cappellazzo, Natalie) |
| Filing 20 NOTICE of Appearance by Natalie M. Cappellazzo on behalf of MountainOne Bank (Cappellazzo, Natalie) |
| Filing 19 MEMORANDUM in Support re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MountainOne Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cappellazzo, Natalie) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MountainOne Bank.(Cappellazzo, Natalie) |
| Filing 17 MEMORANDUM in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fifth Third Bank, Freddie Mac. (Attachments: #1 Exhibit Mortgage, #2 Exhibit Trevor Brown Affidavit)(Brown, Trevor) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fifth Third Bank, Freddie Mac.(Brown, Trevor) |
| Filing 15 AFFIDAVIT OF SERVICE Executed as to Freddie Mac by Christian J. Tran. (Pacho, Arnold) |
| Filing 14 Copy re 13 Order on Motion for Extension of Time to File Response mailed to Christian Tran on 11/21/22. (Pacho, Arnold) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #12 Assented to MOTION for Extension of Time permitting defendants to file their responses toPlaintiffs Complaint no later than December 8, 2022. (Zierk, Marsha) |
| Filing 12 Assented to MOTION for Extension of Time to File Response/Reply as to #1 Complaint By Mountainone Bank and by Fifth Third Bank, Freddie Mac.(Brown, Trevor) |
| Filing 11 NOTICE of Appearance by Trevor James Brown on behalf of Fifth Third Bank, Freddie Mac (Brown, Trevor) |
| Filing 10 Copy re 9 Order on Motion for Extension of Time mailed to Plaintiff on 11/10/22. (Pacho, Arnold) |
| Filing 9 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Assented to MOTION for Extension of Time to November 28, 2022 to File Response to #1 Complaint. MountainOne Bank's response due November 28, 2022. (Pacho, Arnold) |
| Filing 8 Assented to MOTION for Extension of Time to November 28, 2022 to File Response/Reply in Accordance with Fed. R. Civ. P. 4(d)(3) by MountainOne Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cappellazzo, Natalie) |
| Filing 7 WAIVER OF SERVICE Returned Executed as to Freddie Mac. Freddie Mac's waiver sent on 9/23/2022, answer due 11/22/2022. (Pacho, Arnold) |
| Filing 6 SUMMONS Returned Executed as to MountainOne Bank. Served on 10/21/2022, answer due 11/14/2022. (Pacho, Arnold) |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Fifth Third Bank. Fifth Third Bank's waiver sent on 9/28/2022, answer due 11/28/2022. (Pacho, Arnold) |
| Filing 4 Filing fee/payment: $ 402.00, receipt number 100000465 for #1 Complaint (Phillips, Sophie) |
| Filing 3 Summons Issued as to Does 1 Through 100 Inclusive, Fifth Third Bank, Freddie Mac, MountainOne Bank. 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. (Dore, Samantha) |
| Filing 2 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. (Danieli, Chris) |
| Filing 1 COMPLAINT against Fifth Third Bank, MountainOne Bank, Freddie Mac, Does 1 Through 100 Inclusive, filed by Christian J Tran. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Dore, Samantha) |
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