Martin et al v. SPS (Select Portfolio) Servicing, Inc. et al
| Jason Martin and Sonja Martin |
| SPS (Select Portfolio) Servicing, Inc., Capital, Rockland Trust Co. and Does 1-20 |
| 1:2022cv12180 |
| December 21, 2022 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2023. A more recent docket listing may be available from PACER.
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Filing 27
Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER denying Motion for Preliminary Injunction #9 (Talwani, Indira)
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Filing 26
Judge Indira Talwani: ELECTRONIC ORDER: Plaintiffs' Motion for Leave to Proceed In Forma Pauperis #10 is denied as moot where Defendant Select Portfolio Servicing, Inc. ("SPS") has paid the filing fee upon removal to federal district court, see Notice of Removal #1 , and no costs for service are needed where SPS has appeared, Defendant Rockland Trust Co. was voluntary dismissed without prejudice by Plaintiffs, and Defendant "Capital" was dismissed as improperly named, see Elec. Clerk's Notes 25 . (Kelly, Danielle)
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Filing 25
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani held on 2/10/2023 re #9 MOTION for Temporary Restraining Order filed by Sonja Martin, Jason Martin. Case called. Court had colloquy with Plaintiffs and counsel. Defendant Capital will be removed from the docket as it was improperly named as a defendant. Rockland Trust was voluntarily dismissed without prejudice by the Plaintiffs. The Motion for Temporary Restraining Order #9 was denied in open court. The clerk will issue a Notice of Scheduling conference. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: nkreuzer@aol.com) (MacDonald, Gail) Modified on 2/10/2023, to correct text (MacDonald, Gail).
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Filing 24
Judge Indira Talwani: ORDER entered granting in part #23 Motion Requesting the February 10, 2023 Hearing be via Teleconference by Sonja Martin. Motion Hearing as to #9 MOTION for Temporary Restraining Order set for 2/10/2023 11:00 AM RESET to Remote Only before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, 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 orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail)
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Filing 23
Motion Requesting the February 10, 2023 Hearing be via Teleconference by Sonja Martin. (Kelly, Danielle)
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Filing 22
ELECTRONIC NOTICE Resetting Hearing on Motion #9 MOTION for Temporary Restraining Order: Motion Hearing set for 2/2/2023, RESET for 2/10/2023 11:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail)
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Filing 21
ELECTRONIC NOTICE Canceling Hearing. The Motion Hearing set for 02/02/2023 re: #9 Platiniffs' Ex Parte MOTION for Temporary Restraining Order and Short Order of Notice by Jason Martin, Sonja Martin, is CANCELED and will be reset for next week. (MacDonald, Gail)
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Filing 20
MEMORANDUM in Opposition re #9 MOTION for Temporary Restraining Order (Joinder of Opposition filed by SPS) filed by Rockland Trust Co.. (Kennedy, J.)
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Filing 19
NOTICE of Appearance by J. Patrick Kennedy on behalf of Rockland Trust Co. (Kennedy, J.)
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Filing 18
ANSWER to Complaint by SPS (Select Portfolio) Servicing, Inc..(Seeley, Donald)
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Filing 17
DECLARATION re #16 Memorandum in Opposition to Motion by SPS (Select Portfolio) Servicing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Seeley, Donald)
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Filing 16
MEMORANDUM in Opposition re #9 MOTION for Temporary Restraining Order filed by SPS (Select Portfolio) Servicing, Inc.. (Seeley, Donald)
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Filing 15
ELECTRONIC NOTICE Setting Hearing on Motion #9 MOTION for Temporary Restraining Order: Motion Hearing set for 2/2/2023 10:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail)
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Filing 14
Judge Indira Talwani: ELECTRONIC ORDER: the clerk shall schedule a hearing on Plaintiffs' Motion for Temporary Restraining Order #9 for the first week of February 2023. The request for hearing on shortened notice is denied. (Kelly, Danielle)
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Filing 13
NOTICE by SPS (Select Portfolio) Servicing, Inc. of Foreclosure Sale Postponement from January 10, 2023 to February 14, 2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Seeley, Donald)
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Filing 12
Judge Indira Talwani: ELECTRONIC ORDER: on December 29, 2022, Defendants sought to enlarge the time to respond to Plaintiffs' action after removing it to this court #7 . Defendants represented that no party would be prejudiced by enlarging the deadline to January 30, 2023, see id., and the court granted the requested extension, Elec. Order 8 . Plaintiffs have now sought emergency relief, contending that there is a foreclosure sale scheduled for tomorrow, January 10, 2023, on Plaintiffs' home. Motion #9 . Although the motion was filed ex parte, the clerk is directed to unseal the motion and ensure electronic delivery on Defendants' counsel. No later than 4:45 p.m. today, Defendants shall provide notice to the court of any foreclosure sale of the property scheduled for on or before January 30, 2023. In the event such a foreclosure sale is scheduled despite the representation to the court that the extension of time to respond would cause no prejudice to plaintiffs, the court will set an immediate hearing on Plaintiffs' motion. (Kelly, Danielle)
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Filing 11
Civil Cover Sheet by Jason Martin, Sonja Martin. (Kelly, Danielle)
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Filing 10
MOTION for Leave to Proceed in forma pauperis by Jason Martin, Sonja Martin.(Kelly, Danielle)
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Filing 9
Platiniffs' Ex Parte MOTION for Temporary Restraining Order and Short Order of Notice by Jason Martin, Sonja Martin. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Cover Letter)(Kelly, Danielle) (Main Document 9 replaced on 1/10/2023) (Kelly, Danielle).
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Filing 8
Judge Indira Talwani: ELECTRONIC ORDER granting #7 Motion for Extension of Time to Respond to the Complaint. SPS (Select Portfolio) Servicing, Inc. response due January 30, 2023. (Kelly, Danielle)
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Filing 7
MOTION for Extension of Time to January 30, 2023 to Respond to the Complaint by SPS (Select Portfolio) Servicing, Inc..(Seeley, Donald) Modified on 12/29/2022: Corrected event type (Kelly, Danielle).
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Filing 6
STATE COURT Record. (Seeley, Donald)
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Filing 5
NOTICE of Appearance by Donald W. Seeley, Jr on behalf of SPS (Select Portfolio) Servicing, Inc. (Seeley, Donald)
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Filing 4
Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Kelly, Danielle)
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Filing 3
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 Jennifer C. Boal. (Danieli, Chris)
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Filing 2
ELECTRONIC NOTICE TO COUNSEL: The Category form filed with the Notice of Removal indicates there are pending motions that need this court's attention. Please re-file any pending motions from State Court into this District Court Record. (Kelly, Danielle)
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Filing 1
NOTICE OF REMOVAL by SPS (Select Portfolio) Servicing, Inc. ( Filing fee: $ 402, receipt number AMADC-9641150 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet, #4 Exhibit Category Form)(Lake, Hale)
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