Sharma v. Cole
| Veena Sharma |
| Stuart Cole formerly doing business as Trustee of County Mortgage Trust and Stuart N. Cole |
| 1:2023cv12135 |
| September 19, 2023 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| Real Property: Foreclosure |
| 12 U.S.C. § 191 Bank Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 District Judge Timothy S. Hillman: ORDER entered. ORDER DISMISSING CASE.(Burgos, Sandra) |
| Filing 21 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #19 Emergency MOTION to Stop Foreclosure. See Memorandum of Order and Decision (Docket No. 20) issued this same date. (Burgos, Sandra) |
| Filing 20 District Judge Timothy S. Hillman: ORDER entered. MEMORANDUM OF DECISION AND ORDER. Defendant's Motion to Dismiss (Docket No. 9) is granted, with prejudice;Plaintiff's Emergency Motion For Injunctive Relief (Docket No. 11) is denied, as moot. (Burgos, Sandra) |
| Filing 19 Emergency MOTION to Stop Foreclosure by Veena Sharma.(Barrows, Jennifer) |
| Filing 17 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #15 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at #https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions #https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm.If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email tracy_mclaughlin@mad.uscourts.gov. (Burgos, Sandra) |
| Filing 18 Emergency Motion/ REPLY to Response to #11 MOTION for Injunctive Relief filed by Veena Sharma. (Attachments: #1 Certificate of Service)(Burgos, Sandra) |
| Filing 16 RESPONSE to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with certificate of service filed by Veena Sharma. (Barrows, Jennifer) |
| Filing 15 MOTION for Leave to file electronically Pro Se by Veena Sharma.(Barrows, Jennifer) |
| Filing 14 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #12 Motion for Extension of Time to File Response/Reply. No further extensions will be granted. (Barrows, Jennifer) |
| Filing 13 Opposition re #11 MOTION for Injunctive Relief with exhibits and certificate of service filed by Stuart N. Cole. (Traini, Rosemary) |
| Filing 12 MOTION for Extension of Time to 11/3/2023 to File Response/Reply by Veena Sharma.(Barrows, Jennifer) |
| Filing 11 Emergency MOTION for Injunctive Relief by Veena Sharma. (Attachments: #1 Attachment 1 - 2)(Burgos, Sandra) |
| Filing 10 MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with certificate of service filed by Stuart N. Cole. (Traini, Rosemary) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with certificate of service by Stuart N. Cole.(Traini, Rosemary) |
| Filing 8 NOTICE of Appearance by Rosemary A. Traini on behalf of Stuart N. Cole (Traini, Rosemary) |
| Filing 7 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #6 Emergency Motion for Injunctive Relief.On September 19, 2023, Plaintiff, Veena Sharma, filed a complaint against Stuart N. Cole, Trustee of County Mortgage Trust challenging the validity of the Note and Mortgage signed by her and her husband in 2005 relating to a residence (the "Property") they purchased in Andover, Massachusetts in 2005. On September 27, 2023, Sharma filed an emergency motion for injunctive relief seeking to prevent Cole from "attempting the wrongful foreclosure of" the Property. Sharma certified that she served the motion on Cole, but it is unclear by what means she did so. No further filings have been made by either party. The motion does not contain any factual assertions or legal argument-- it does not even specify when the foreclosure is to take place. Indeed, it is unclear from the motion whether at the time of filing a foreclosure proceeding against the Property had been noticed and/or scheduled. Therefore, on the face of the motion it is impossible for the Court to ascertain whether Sharma is likely to succeed on the merits or suffer irreparable harm if the requested relief is denied, nor can the Court determine whether granting said motion is in the public interest or would place undue burden on Cole. Therefore, the motion is denied without prejudice to Sharma refiling it with adequate factual and legal support. (Burgos, Sandra) |
| Filing 6 Emergency MOTION for Injunctive Relief by Veena Sharma.(Burgos, Sandra) |
| Filing 5 SUMMONS Returned Executed Stuart N. Cole served on 9/21/2023, answer due 10/12/2023. (Burgos, Sandra) |
| Filing 4 Summons Issued as to Stuart Cole. 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. (Castilla, Francis) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman 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. (Phillips, Sophie) |
| Filing 2 Filing fee/payment: $ 402.00, receipt number 100004729 for #1 Complaint (Barbosa, Nilsa) |
| Filing 1 COMPLAINT against Stuart Cole, filed by Veena Sharma. (Attachments: #1 Supplement of Complaint, #2 Civil Cover Sheet Category)(Castilla, Francis) (Attachment 1 replaced on 9/20/2023) (Burgos, Sandra). |
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