Ali v. Wells Fargo Bank, N.A.
| Abdul Aziz Ali |
| Wells Fargo Bank, N.A. |
| 3:2019cv11776 |
| August 19, 2019 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 18 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered denying #17 Motion to Dismiss Third Party Complaint. Plaintiff appears to request that this court dismiss a summary process complaint filed by Gina Daniele in state Housing Court. However, Ms. Daniele is not a party to this action, which is separate from the Summary Process case in state Housing Court. While Wells Fargo Bank, N.A. removed the Superior Court case, which Plaintiff Abul Aziz Ali filed, to federal court in accordance with 28 U.S.C. 1332, 1441(a), and 1446, there is no indication that the Superior Court and Housing Court cases were consolidated; rather, they proceeded on separate tracks. Moreover, to the extent Plaintiff seeks to "remove" the Summary Process case to federal court, Plaintiff has not satisfied the requirements for doing so, as Plaintiff has not demonstrated this court has original jurisdiction over the matter. The court also takes judicial notice of the docket in the Summary Process action (Daniele v. Baker, 19H79SP002680), which shows that the Summary Process case was initiated on July 8, 2019, a judgment in favor of Ms. Daniele was entered on July 22, 2019, and an appeal was dismissed on September 10, 2019. Plaintiff, as the losing party in state court, is barred by the Rooker-Feldman doctrine from attempting to appeal the state court judgment in federal court. See Klimowicz v. Deutsche Bank Natl Trust Co., 907 F.3d 61, 64-65 (1st Cir. 2018). (Lindsay, Maurice) |
| Filing 17 MOTION to Dismiss Third Party Complaint by Abdul Aziz Ali. (Attachments: #1 Affidavit, #2 Exhibit) (Rivera, Christina) |
| Filing 16 Copy re 15 Order on Motion for Leave to File,,, mailed to Abdul Aziz Ali AT: 302 Island Pond Road Springfield, MA 01118 on 9/19/2019. (Rivera, Christina) |
| Filing 15 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #14 Plaintiff's Motion for Leave to File Opposition. Plaintiff shall file his opposition to Defendant's Motion to Dismiss (Dkt. No. 10) no later than October 21, 2019. Both parties shall also comply, before the filing of future motions, with Local Rule 7.1(a)(2), which states: "No Motion shall be filed unless counsel certify that they have conferred and have attempted in good faith to resolve or narrow the issue." This Local Rule 7.1(a)(2) certification should indicate whether the opposing party assents or opposes the requested relief. Although Plaintiff is proceeding pro se, and therefore is not "counsel," the court interprets Local Rule 7.1(a)(2) to require conferral by and with pro se litigants. (Rivera, Christina) |
| Filing 14 Plaintiff's MOTION for Leave to File Opposition by Abdul Aziz Ali.(Lindsay, Maurice) |
| Filing 13 STATE COURT Record Wells Fargo Bank, N.A. summons served on 8/7/2019, answer due 8/28/2019.. (Lindsay, Maurice) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A... (Higgins, Sean) |
| Filing 11 MEMORANDUM in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A; Mortgage, #2 Exhibit B; Foreclosure Deed, #3 Exhibit C; Note Affidavit, #4 Exhibit D; Notice of Accounting, #5 Exhibit E; Ch. 35 Affidavit, #6 Exhibit F; Housing Court Docket)(Higgins, Sean) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wells Fargo Bank, N.A..(Higgins, Sean) |
| Filing 9 Copy of letter sent to Plaintiff this day requesting that the court be provided with a contact telephone number. (Healy, Bethaney) (Main Document 9 replaced on 8/22/2019) (Healy, Bethaney). |
| Filing 8 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #5 Motion for Extension of Time to Respond to Complaint Wells Fargo Bank, N.A. Response due by 9/13/2019. (Healy, Bethaney) |
| Filing 7 CERTIFIED COPY OF NOTICE OF REMOVAL re 6 Certified Copy of Notice of Removal Sent to Defense Counsel through ECF. (Finn, Mary) |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Finn, Mary) |
| Filing 5 MOTION for Extension of Time to Friday, September 13, 2019 to File Answer by Wells Fargo Bank, N.A..(Higgins, Sean) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Danieli, Chris) |
| Filing 3 Case transferred in from Eastern Division (Boston) on 8/19/2019 Case Number 1:19-cv-11776. (Danieli, Chris) |
| Filing 2 Case transferred to Western Division (Springfield) (Currie, Haley) |
| Filing 1 NOTICE OF REMOVAL by Wells Fargo Bank, N.A. ( Filing fee: $ 400, receipt number 0101-7837935 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)(Higgins, Sean) |
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| Plaintiff: Abdul Aziz Ali | |
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| Defendant: Wells Fargo Bank, N.A. | |
| Represented By: | Sean R. Higgins |
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