Princeton Court Apartments, LLC v. J.P. Morgan Chase Bank, National Association
| Princeton Court Apartments, LLC |
| J.P. Morgan Chase Bank, National Association |
| 1:2023cv11735 |
| July 31, 2023 |
| US District Court for the District of Massachusetts |
| Jennifer C Boal |
| Richard G Stearns |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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| Filing 15 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 14 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #6 Motion to Dismiss for Failure to State a Claim. Plaintiff Princeton Court Apartments, LLC, brings this negligence action against defendant JP Morgan Chase Bank, National Association, based on the alleged fraudulent activities of one of its account holders. JP Morgan Chase moves to dismiss the case pursuant to Fed. R. Civ. P. 12(b)(6). For the following reasons, the court will allow the unopposed motion."To state a negligence claim under Massachusetts law, a plaintiff must allege that (1) the defendant owed the plaintiff a duty of reasonable care; (2) the defendant breached that duty; (3) damage resulted; and (4) the defendant's breach caused that damage." Saldivar v. Racine, 818 F.3d 14, 20-21 (1st Cir. 2016). The court's analysis begins and ends with the first element. First, as to the fraud itself, Princeton Court has not shown that JP Morgan Chase owed it (a non-customer) any duty of care. Under Massachusetts law, a bank only owes a duty of care to a non-customer where it has "actual knowledge" that an account holder intends to engage in fraud. Go-Best Assets Ltd. v. Citizens Bank of Massachusetts, 463 Mass. 50, 54 (2012); see also Ferrante v. Santander Bank, N.A., 2023 WL 4373898, at *2 (D. Mass. July 6, 2023). Nothing in the Complaint suggests that JP Morgan Chase had any actual knowledge that its account holder was engaging in fraud at the time of the transfer -- to the contrary, Princeton Court admits that it only informed JP Morgan Chase of the fraud two weeks after the transfer had been made, see Compl. paras. 7, 19.Second, as to JP Morgan Chase's conduct in the wake of the fraud, Princeton Court has not shown that JP Morgan Chase had any duty to help investigate and remedy the situation. A bank's duty is to its customer, not to third parties "with whom the customer has dealings." McCallum v. Rizzo, 1995 WL 1146812, at *2 (Mass. Super. Oct. 13, 1995)). Princeton Court offers no explanation for why, contrary to this rule, the court should find a duty owed to the third party rather than the customer (for example, Princeton Court does not suggest that it obtained a court order in a John Doe suit requiring JP Morgan Chase to disclose account holder information). (RGS, law3) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Motion to Stay discovery (including defendant JP Morgan Chase Bank's submission of discovery responses) until the court rules on defendant's pending motion to dismiss. (Zierk, Marsha) |
| Filing 12 ELECTRONIC NOTICE of Case Reassignment. 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 Jennifer C. Boal. (Danieli, Chris) |
| Filing 11 NOTICE by J.P. Morgan Chase Bank, National Association (Dunne, Anne) |
| Filing 10 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (York, Steve) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Stay Discovery filed by J.P. Morgan Chase Bank, National Association. (Dunne, Anne) |
| Filing 8 MOTION to Stay Discovery by J.P. Morgan Chase Bank, National Association.(Dunne, Anne) |
| Filing 7 MEMORANDUM in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by J.P. Morgan Chase Bank, National Association. (Dunne, Anne) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by J.P. Morgan Chase Bank, National Association.(Dunne, Anne) |
| Filing 5 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #4 MOTION for Extension of Time to File Answer J.P. Morgan Chase Bank, National Association answer due 8/21/2023. (adminn, ) |
| Filing 4 First MOTION for Extension of Time to August 21, 2023 to answer, move, or otherwise respond to the complaint by J.P. Morgan Chase Bank, National Association.(Dunne, Anne) Modified event type on 8/7/2023 (adminn, ). |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Kelly, Danielle) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Cowan, Nicole) |
| Filing 1 NOTICE OF REMOVAL by J.P. Morgan Chase Bank, National Association ( Filing fee: $ 402, receipt number AMADC-9970370 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet, #7 Category Form)(Dunne, Anne) |
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| Plaintiff: Princeton Court Apartments, LLC | |
| Represented By: | Brian T. Akashian |
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| Defendant: J.P. Morgan Chase Bank, National Association | |
| Represented By: | Anne V. Dunne |
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