Saade v. Fay Servicing, LLC et al
| Jacques Saade |
| Fay Servicing, LLC, Wilmington Trust National Association, Korde & Associates, P.C. and Does |
| 1:2023cv12182 |
| September 25, 2023 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| Filing 20 Case file sent to Eastern Division of the Massachusetts Housing Court. (Kelly, Danielle) |
| Filing 19 Judge Indira Talwani: ORDER entered. ORDER OF REMAND. Please see attached. (Kelly, Danielle) |
| Filing 18 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. Saade's Motion to Remand [Doc. No. #11 ] is GRANTED. The clerk is directed to promptly remand the action to the Eastern Division of the Massachusetts Housing Court, where it is docketed as Case No. 23H84CV000492, to allow that court to consider Saade's still pending Emergency Motion for Temporary Restraining Order [Doc. No. #7 ] and Emergency Motion for Preliminary Injunction [Doc. No. #8 ].The motions directed to this court, see Fay Defendants' Motion to Request Screening Procedure [Doc. No. #10 ] and Plaintiff's Verified Emergency Motion for Temporary Restraining Order [Doc. No. #14 ] are DENIED without prejudice. IT IS SO ORDERED. Please see attached. (Kelly, Danielle) |
| Filing 17 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 10/3/2023 re #11 Emergency MOTION to Remand filed by Jacques Saade. Case called. Court had colloquy with parties. The Court grants Emergency Motion to Remand #11 . Order to issue. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Jacques Saade Pro Se, Kevin P. Polansky, Paul G. Manning, Jr.) (Kelly, Danielle) |
| Filing 16 NOTICE of Appearance by Paul G. Manning, Jr on behalf of Korde & Associates, P.C. (Manning, Paul) |
| Filing 15 RESPONSE to Motion re #11 MOTION to Remand filed by Fay Servicing, LLC, Wilmington Trust National Association. (Polansky, Kevin) |
| Filing 14 Verified EMERGENCY MOTION for Temporary Restraining Order by Jacques Saade. (Attachments: #1 Exhibit)(Kelly, Danielle) |
| Filing 13 ELECTRONIC NOTICE Setting Hearing on Motion #11 Verified EMERGENCY MOTION to Remand : Motion Hearing set for 10/3/2023 10:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (Kelly, Danielle) |
| Filing 12 Judge Indira Talwani: ELECTRONIC ORDER denying Plaintiff's request that the court grant the motion to remand prior to a state court hearing scheduled for 2:00 p.m. today. The court cannot grant the requested relief without a hearing, and notes that it is likely that the state court will have taken the matter off calendar upon Defendants' filing of the notice of removal. The court will set a hearing on the motion to remand on an emergency basis to allow sufficient time, in the event that the court grants the motion, for a new hearing to be set in state court in advance of the scheduled foreclosure on October 10, 2023. (Kelly, Danielle) |
| Filing 11 Verified EMERGENCY MOTION to Remand by Jacques Saade. (Attachments: #1 Exhibit 1-7, #2 Exhibit Services of the Hearing of September 27, 2023, #3 Exhibit, #4 Exhibit, #5 Cover Letter)(Kelly, Danielle) |
| Filing 10 MOTION to Request Screening Procedure by Fay Servicing, LLC, Wilmington Trust National Association. (Attachments: #1 Exhibit A)(Polansky, Kevin) |
| Filing 9 NOTICE of Appearance by Peter Ayers on behalf of Fay Servicing, LLC, Wilmington Trust National Association (Ayers, Peter) |
| Filing 8 Emergency MOTION for Preliminary Injunction with Memorandum Incorporated filed by Plaintiff in State Court by Jacques Saade entered by Fay Servicing, LLC, Wilmington Trust National Association.(Polansky, Kevin) (Additional attachment(s) added on 9/26/2023: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Kelly, Danielle). (Main Document 8 replaced on 9/26/2023) (Kelly, Danielle). Modified on 9/26/2023: removed exhibits from main document to properly file as attachments. (Kelly, Danielle). |
| Filing 7 Emergency MOTION for Temporary Restraining Order with Memorandum Incorporated filed by Plaintiff in State Court by Jacques Saade entered by Fay Servicing, LLC, Wilmington Trust National Association.(Polansky, Kevin) (Additional attachment(s) added on 9/26/2023: #1 Exhibit, #2 Text of Proposed Order) (Kelly, Danielle). (Main Document 7 replaced on 9/26/2023) (Kelly, Danielle). Modified on 9/26/2023: removed exhibits and proposed order from main document to properly file as attachments (Kelly, Danielle). |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Dore, Samantha) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. (Phillips, Sophie) |
| Filing 4 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. (Dore, Samantha) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Wilmington Trust National Association. (Polansky, Kevin) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Fay Servicing, LLC. (Polansky, Kevin) |
| Filing 1 NOTICE OF REMOVAL by Fay Servicing, LLC, Wilmington Trust National Association ( Filing fee: $ 402, receipt number AMADC-10052242 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Category Form, #5 Civil Cover Sheet)(Polansky, Kevin) |
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