Scott-Everett v. PHH Mortgage LLC et al
| Mary Scott-Everett |
| PHH Mortgage LLC, Mortgage Assets Management LLC and Ocwen Financial Corp. |
| 1:2022cv12121 |
| December 14, 2022 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Real Property: Other |
| 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure |
| Plaintiff |
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| Filing 13 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #12 Motion for Leave to File Second Amended Complaint ; Plaintiff should now file the document for which leave to file has been granted. Plaintiff must include - Leave to file granted on (date of order)- in the caption of the document. (McManus, Caetlin) |
| Filing 12 MOTION for Leave to File Second Amended Complaint by Mary Scott-Everett. (Attachments: #1 Evidence A, #2 Evidence B, #3 Evidence C, #4 Evidence D)(McManus, Caetlin) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On December 21, 2022, Defendants moved to dismiss the complaint arguing that it failed to meet the requirements set forth by Rules 8(a)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. [ECF No. #7 ]. Pursuant to Rule 8(a)(2), a complaint must contain a short and plain statement of the claim showing that the pleader is entitled to relief, Fed. R. Civ. P. 8(a)(2), and give [each] defendant fair notice of what the... claim is and the grounds upon which it rests. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957). That is, a complaint should at least set forth minimal facts as to who did what to whom, when, where, and whyalthough why, when why means the actor's state of mind, can be averred generally. Educadores Puertorriqueos en Accin v. Hernandez, 367 F.3d 61, 68 (1st Cir. 2004). The claims must be set forth in numbered paragraphs, each limited as far as practicable to a single set of circumstances. Fed. R. Civ. P. 10(b). Because it promotes clarity, each claim founded on a separate transaction or occurrence... must be stated in a separate count. Id. In essence, the complaint must succinctly set forth as to each defendant what she claims they did (or failed to do), where it occurred, when it occurred, and the relief she seeks as to each defendant. Put another way, a complaint must clearly identify the claims and relief Plaintiff Scott-Everett seeks as to each defendant, and provide sufficient factual bases for each of the elements of the claims that she asserts. Having reviewed Scott-Everetts complaint, the Court finds that it does not satisfy Rule 8(a)(2)s requirement and must be dismissed. Beyond conclusory allegations, Plaintiffs complaint does not set forth sufficient factual allegations to enable Defendants, or the Court, to identify what specific actions by Defendants give rise to the violations alleged or when, exactly, they occurred. Because the Court concludes that the complaint must be dismissed pursuant to Rule 8, it need not reach whether it must also be dismissed for failing to state a claim under Rule 12(b)(6). If she so chooses, Plaintiff may file a motion for leave to file an amended complaintsupported by the proposed amended complaintby January 20, 2023. Otherwise, the action will be dismissed.(McManus, Caetlin) |
| Filing 10 Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mary Scott-Everett. (McManus, Caetlin) (Additional attachment(s) added on 1/4/2023: #1 Exhibit A (Restricted due to personal data identifiers), #2 Exhibit B, #3 Exhibit C (Restricted due to personal data identifiers), #4 Exhibit D, #5 Exhibit E (Restricted due to personal data identifiers), #6 Exhibit F (Restricted due to personal data identifiers)) (McManus, Caetlin). |
| Filing 9 STATE COURT Record. (Manganaro, Kevin) |
| Filing 8 MEMORANDUM in Support re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mortgage Assets Management LLC, Ocwen Financial Corp., PHH Mortgage LLC. (Attachments: #1 Exhibit A - Complaint)(Manganaro, Kevin) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mortgage Assets Management LLC, Ocwen Financial Corp., PHH Mortgage LLC.(Manganaro, Kevin) |
| Filing 6 NOTICE of Appearance by Maura K. McKelvey on behalf of Mortgage Assets Management LLC, Ocwen Financial Corp., PHH Mortgage LLC (McKelvey, Maura) |
| Filing 5 NOTICE of Appearance by Kevin W. Manganaro on behalf of Mortgage Assets Management LLC, Ocwen Financial Corp., PHH Mortgage LLC (Manganaro, Kevin) |
| Filing 4 DOCKET SHEET sent to Mary Scott-Everett (Geraldino-Karasek, Clarilde) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 2 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Geraldino-Karasek, Clarilde) |
| Filing 1 NOTICE OF REMOVAL by PHH Mortgage LLC ( Filing fee: $ 402, receipt number AMADC-9630309 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - PHH info, #3 Exhibit C - MAM info, #4 Exhibit D - Ocwen info, #5 Civil Cover Sheet, #6 Category Form)(Manganaro, Kevin) |
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