Ferreira v. Citizens One Home Loan et al
| Ferreira and Catherine Ferreira |
| Citizens One Home Loan, Citizens Mortgage Corporation, Citizens Bank N.A., Citizens Financial Corp Inc., Framingham Housing Authority, Lisa Horning, Stephen Keane, Elizabeth O'Grady, NeighborWorks Southern MA, Urban Edge Housing Corporation and Citizens Financial Group Inc |
| 4:2017cv40030 |
| March 22, 2017 |
| US District Court for the District of Massachusetts |
| Worcester Office |
| Worcester |
| Timothy S Hillman |
| Real Property: Other |
| Real Estate Settlement Procedures Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 74 STIPULATION of Dismissal by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Financial Group Inc, Citizens Mortgage Corporation, Citizens One Home Loan. (Millsom, Geoffrey) |
| Filing 73 District Judge Timothy S. Hillman: ORDER entered. SETTLEMENT ORDER OF DISMISSAL (Castles, Martin) |
| Filing 71 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Continued Status Conference (under seal) held on 8/24/2018. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Ferrreira pro se, Millsom) (Alba, Robert) |
| Filing 70 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Status Conference held on 8/24/2018. Pro se plaintiff and defense counsel address the court. Court recesses so that parties can address settlement options. Court resumes. Parties inform the Court that they will continue settlement option discussions. Court recesses. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Ferrreira pro se, Millsom) (Alba, Robert) |
| Filing 69 MANDATE of USCA as to #51 Notice of Appeal filed by Catherine Ferreira. Appeal #51 Terminated (Paine, Matthew) |
| Filing 68 USCA Judgment as to #51 Notice of Appeal filed by Catherine Ferreira. Appeal Dismissed... (Paine, Matthew) |
| Filing 67 ELECTRONIC NOTICE of Hearing. Status Conference set for 8/24/2018 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 66 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #47 Motion for Order; denying #49 Motion for subpoena; granting #52 Motion for Leave to Appeal in forma pauperis; granting #54 Motion for Protective Order; denying #58 Motion for Clarification; and granting 63 Motion to Seal Documents. (Castles, Martin) |
| Filing 65 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. ORDER Canceling Deadline. The status Conference set for 5/24/2018 and the motion hearing set for 5/15/18 are both canceled and will be rescheduled by the Court.(Castles, Martin) |
| Filing 62 Opposition to Defendant's Motion for Instruction by Catherine Ferreira. (Attachments: #1 Exhibit)(Jones, Sherry) |
| Filing 61 USCA Case Number 18-1348 for #51 Notice of Appeal filed by Catherine Ferreira. (Paine, Matthew) |
| Filing 60 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #51 Notice of Appeal (Paine, Matthew) |
| Filing 59 ELECTRONIC NOTICE Setting Hearing on Motion #54 Emergency MOTION for Protective Order , #47 MOTION for Order to to order mental examination of Plaintiff, #58 MOTION for Clarification re 45 Order on Motion to Appoint Counsel, Order on Motion to Dismiss for Failure to State a Claim,, and #49 Emergency Request for Subpoena: Motion Hearing set for 5/15/2018 at 3:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 58 MOTION for Clarification re 45 Order on Motion to Appoint Counsel,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,, by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Financial Group Inc, Citizens Mortgage Corporation, Citizens One Home Loan. (Attachments: #1 Exhibit A)(Millsom, Geoffrey) |
| Filing 57 MEMORANDUM in Opposition #54 Emergency MOTION for Protective Order filed by Catherine Ferreira. (Ferreira, Catherine) Modified docket text on 4/19/2018 (Burgos, Sandra). |
| Filing 56 First Opposition re #54 Emergency MOTION for Protective Order filed by Catherine Ferreira. (Ferreira, Catherine) |
| Filing 55 MEMORANDUM in Opposition re #49 Emergency Request for Subpoena, #47 MOTION for Order to to order mental examiniation of Plaintiff, #54 Emergency MOTION for Protective Order filed by Citizens Bank N.A., Citizens Financial Group Inc, Citizens Mortgage Corporation, Citizens One Home Loan. (Attachments: #1 Exhibit A, #2 Exhibit B)(Millsom, Geoffrey) |
| Filing 54 Emergency MOTION for Protective Order by Citizens Bank N.A., Citizens Financial Group Inc, Citizens Mortgage Corporation, Citizens One Home Loan.(Millsom, Geoffrey) |
| Filing 53 Opposition re #49 Emergency Request for Subpoena, #47 MOTION for Order to to order mental examiniation of Plaintiff filed by Citizens Bank N.A., Citizens Financial Group Inc, Citizens Mortgage Corporation, Citizens One Home Loan. (Millsom, Geoffrey) |
| Filing 52 MOTION for Leave to Appeal in forma pauperis by Catherine Ferreira.(Burgos, Sandra) |
| Filing 51 NOTICE OF APPEAL as to 45 Order on Motion to Appoint Counsel,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,, by Catherine Ferreira NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/7/2018. (Burgos, Sandra) |
| Filing 50 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered taking under advisement #49 Emergency Request for Subpoena. (Burgos, Sandra) |
| Filing 49 Emergency Request for Subpoena by Catherine Ferreira.(Burgos, Sandra) (Main Document 49 replaced on 4/16/2018) (Burgos, Sandra). |
| Filing 48 MEMORANDUM in Support re #47 MOTION for Court to Order mental examiniation of Plaintiff filed by Catherine Ferreira. (Burgos, Sandra) |
| Filing 47 MOTION for Court to Order mental examiniation of Plaintiff by Catherine Ferreira.(Burgos, Sandra) |
| Filing 46 ELECTRONIC NOTICE of Hearing. Status Conference set for 5/24/2018 at 2:15 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 45 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #44 Motion to Appoint Counsel and granting in part and denying in part #20 Motion to Dismiss for Failure to State a Claim. The Defendant's motion to dismiss is denied without prejudice to renew as to counts I, II, and III, insofar as count III alleges a violation of 1024.35, only. See Sharp v. Deutsche Bank Nat. Trust Co., 2015 WL 4771291, at *6 (D.N.H. Aug. 11, 2015) ("Nothing in 1024.38 suggests that RESPA creates a private right of action to enforce that rule. And indeed, it does not."); See Haug v. Bank of America, N.A., 317 F.3d 832 ( 1024.14 "requires plaintiffs to plead facts showing that the defendant illegally shared fees with a third party"). Although I have reservations that the Plaintiff will be able to establish damages,the parties have 60 days from this order to conduct limited discovery on the sole issue of whether the Plaintiff has sustained actual damages as a result of the Defendants conduct. The Defendant's motion to dismiss is granted as to count IV because the Amended Complaint is completely devoid of any adverse action taken by the Defendant based on information containedin Plaintiff's credit report.SeeHendersonvs.PNC Bank, N.A., Mass. Super., 2014 WL 4068231 (Mass. Super. June 16, 2014). (Castles, Martin) |
| Filing 44 Second MOTION to Appoint Counsel by Catherine Ferreira. (Attachments: #1 Appendix payment data sheet)(Ferreira, Catherine) |
| Filing 43 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 10/26/2017 re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Citizens Financial Corp Inc., Case called, Plaintiff. pro-se and counsel for the dft appear for motion hearing, Court hears arguments of parties, Court rules taking under advisement #20 Motion to Dismiss for Failure to State a Claim; (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Plaintiff Pro-se/Millsom) (Castles, Martin) |
| Filing 42 ELECTRONIC NOTICE Setting Hearing on Motion #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 10/26/2017 at 10:30 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 41 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #29 Motion for Leave to Proceed in forma pauperis; denying #30 Motion to Appoint Counsel. "Plaintiff's Motion to Proceed In Forma Pauperis (ECF No. 29) is ALLOWED and Plaintiff's Motion to Appoint Counsel (ECF No. 30) is DENIED without prejudice. This Court has discretion to request an attorney for a plaintiff proceeding in forma pauperis. 28 U.S.C. 1915(e)(1). To qualify for such a request, the plaintiff "must demonstrate that he was indigent and that exceptional circumstances were present such that a denial of counsel was likely to result in fundamental unfairness impinging on his due process rights." DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). While plaintiff is indigent, she has not demonstrated exceptional circumstances to justify the appointment of counsel." (PSSA, 5) |
| Filing 40 STIPULATION of Dismissal and Settlement Agreement by Urban Edge Housing Corporation. (Graeber, Jeffrey) |
| Filing 39 STIPULATION of Dismissal and Settlement Agreement by NeighborWorks Southern MA. (Graeber, Jeffrey) |
| Filing 38 ANSWER to #16 Amended Complaint by Urban Edge Housing Corporation.(Graeber, Jeffrey) |
| Filing 37 ANSWER to #16 Amended Complaint by NeighborWorks Southern MA.(Graeber, Jeffrey) |
| Filing 36 SUMMONS Returned Executed NeighborWorks Southern MA served on 5/30/2017, answer due 6/20/2017. (Jones, Sherry) |
| Filing 35 SUMMONS Returned Executed Citizens Financial Corp Inc. served on 5/30/2017, answer due 6/20/2017. (Jones, Sherry) |
| Filing 34 MEMORANDUM in Opposition re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Catherine Ferreira. ( Re-entered by court staff to correct data entry error) (Burgos, Sandra) |
| Filing 33 First Opposition re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Catherine Ferreira. (Ferreira, Catherine) |
| Filing 32 Summons Reissued as to Citizens Financial Corp Inc., NeighborWorks Southern MA. 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. (Burgos, Sandra) |
| Filing 31 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #23 Motion for Extension of Time to serve and granting #27 Motion to Strike #24 second Amended Complaint. (Castles, Martin) |
| Filing 30 MOTION to Appoint Counsel by Catherine Ferreira.(Jones, Sherry) |
| Filing 29 MOTION for Leave to Proceed in forma pauperis by Catherine Ferreira.(Jones, Sherry) |
| Filing 28 Opposition re #27 MOTION to Strike #24 Amended Complaint filed by Catherine Ferreira. (Attachments: #1 Affidavit)(Jones, Sherry) |
| Filing 27 MOTION to Strike #24 Amended Complaint by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Mortgage Corporation, Citizens One Home Loan.(Millsom, Geoffrey) |
| Filing 26 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #22 Motion to Appoint Counsel. This Court has discretion to request an attorney for a plaintiff proceeding in forma pauperis. 28 U.S.C. 1915(e)(1). To qualify for such a request, the plaintiff "must demonstrate that he was indigent and that exceptional circumstances were present such that a denial of counsel was likely to result in fundamental unfairness impinging on his due process rights." DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). Ferreira has not filed a motion to proceed in forma pauperis, and thus has not shown she is indigent, which is a requirement for requesting appointment of counsel under 28 U.S.C. 1915(e)(1). Accordingly, her request for appointment of counsel under 28 U.S.C. 1915(e)(1) must be denied. (Castles, Martin) |
| Filing 25 Summons Issued as to Citizens Financial Group Inc. 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. (Burgos, Sandra) |
| Filing 24 STRICKEN - AMENDED COMPLAINT against Urban Edge Housing Corporation, NeighborWorks Southern MA, Citizens Financial Group Inc, filed by Catherine Ferreira. (Attachments: #1 Exhibit)(Burgos, Sandra) Modified on 5/26/2017 (Burgos, Sandra). |
| Filing 23 MOTION for Extension of Time to 5/30/2017 to perfect service by Catherine Ferreira.(Burgos, Sandra) |
| Filing 22 MOTION to Appoint Counsel by Catherine Ferreira.(Burgos, Sandra) |
| Filing 21 MEMORANDUM in Support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Mortgage Corporation, Citizens One Home Loan. (Millsom, Geoffrey) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Mortgage Corporation, Citizens One Home Loan.(Millsom, Geoffrey) |
| Filing 19 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #17 Motion for permission to file electronically via ECF by Catherine Ferreira. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the CM/ECF Registration Form accessible at https://public.mad.uscourts.gov/ecfreg.html. (Castles, Martin) |
| Filing 18 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot #5 Motion to Dismiss for Failure to State a Claim; finding as moot #9 Motion to Dismiss for Failure to State a Claim; finding as moot #13 Motion to Dismiss for Failure to State a Claim; finding as moot #14 Motion to Dismiss for Failure to State a Claim. Plaintiff has filed an amended complaint. (Castles, Martin) |
| Filing 17 MOTION to be allowed to file electronically through cm/ecf by Catherine Ferreira.(Jones, Sherry) |
| Filing 16 AMENDED COMPLAINT against Urban Edge Housing Corporation, NeighborWorks Southern MA, Citizens Financial Corp Inc., filed by Catherine Ferreira. (Attachments: #1 Exhibit)(Jones, Sherry) |
| Filing 15 MEMORANDUM in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NeighborWorks Southern MA. (Graeber, Jeffrey) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Urban Edge Housing Corporation.(Graeber, Jeffrey) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NeighborWorks Southern MA.(Graeber, Jeffrey) |
| Filing 12 NOTICE of Appearance by Jeffrey M. Graeber on behalf of Urban Edge Housing Corporation (Graeber, Jeffrey) |
| Filing 11 NOTICE of Appearance by Jeffrey M. Graeber on behalf of NeighborWorks Southern MA (Graeber, Jeffrey) |
| Filing 10 MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Framingham Housing Authority, Lisa Horning, Stephen Keane, Elizabeth O'Grady. (Attachments: #1 Exhibit Settlement Agreement)(Jachowicz, Robert) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Framingham Housing Authority, Lisa Horning, Stephen Keane, Elizabeth O'Grady.(Jachowicz, Robert) |
| Filing 8 NOTICE of Appearance by Robert P. Jachowicz on behalf of Framingham Housing Authority, Lisa Horning, Stephen Keane, Elizabeth O'Grady (Jachowicz, Robert) |
| Filing 7 STATE COURT Record. (Millsom, Geoffrey) |
| Filing 6 MEMORANDUM in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Mortgage Corporation, Citizens One Home Loan. (Millsom, Geoffrey) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Mortgage Corporation, Citizens One Home Loan.(Millsom, Geoffrey) |
| Filing 4 EXHIBIT re #1 Notice of Removal, (Amended Exhibit 1) by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Mortgage Corporation, Citizens One Home Loan. (Millsom, Geoffrey) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by mail.(Burgos, Sandra) |
| Filing 2 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 David H. Hennessy. (Abaid, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Citizens Bank N.A., Citizens Financial Corp Inc., Citizens Mortgage Corporation, Citizens One Home Loan ( Filing fee: $ 400, receipt number 0101-6546817 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1 - Complaint, #2 Civil Cover Sheet, #3 Exhibit Category Form)(Millsom, Geoffrey) |
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