Benson v. Metropolitan Life Insurance Company et al
| Tammy Benson |
| Metropolitan Life Insurance Company and Select Portfolio Servicing, Inc |
| 4:2023cv40177 |
| December 15, 2023 |
| US District Court for the District of Massachusetts |
| Margaret R Guzman |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 20 District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. After careful consideration, the Court hereby DENIES Plaintiff's Motion For A Temporary Restraining Order ("TRO.") See DKT 1; DKT 7 (the Court construing this Pro Se Plaintiff's "Request For Injunction" as a Motion for a Temporary Restraining Order).Given the time sensitive nature of the Plaintiff's Motion, the Court wishes to inform the parties of its ultimate conclusion by way of this E-Order but will also publish a written decision explaining its reasoning in short order.To be clear, the anticipated foreclosure proceeding is NOT enjoined pending the issuance of this written decision. The Court's denial of Plaintiff's TRO Motion has immediate effect. Lastly, and for the avoidance of any doubt, this Order should not be construed as a decision on the Defendants' Motion to Dismiss (DKT 17), which remains pending before this Court.(Castles, Martin) |
| Filing 19 DECLARATION re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Ryan, Megan) |
| Filing 18 MEMORANDUM in Support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc. (Ryan, Megan) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc.(Ryan, Megan) |
| Filing 16 Response by Tammy Benson to #13 Objection to #4 Letter/request (non-motion) by Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc (Memorandum in Opposition). (Attachments: #1 Exhibit, #2 Receipt)(Barrows, Jennifer) |
| Filing 15 DECLARATION re #13 Objection by Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Ryan, Megan) |
| Filing 14 AFFIDAVIT in Support re #13 Objection . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Ryan, Megan) |
| Filing 13 Objection to #4 Letter/request (non-motion) by Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc (Memorandum in Opposition). (Ryan, Megan) |
| Filing 12 District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting #11 Motion for Extension of Time to Answer. Metropolitan Life Insurance Company answer due 1/31/2024; Select Portfolio Servicing, Inc answer due 1/31/2024. Defendants to respond to the request for injunction by 1/26/24. (Castles, Martin) |
| Filing 11 MOTION for Extension of Time to January 31, 2024 to Respond to the Complaint by Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc. (Attachments: #1 Exhibit A)(Seeley, Donald) Modified on 1/3/2024 (Castles, Martin). |
| Filing 10 Copy re #9 USMS Service instructions NOTICE, #8 Summons, #1 Complaint, 7 Order on Motion for Leave to Proceed in forma pauperis and two USM 285 forms mailed to Tammy Benson on 12/27/2023. (Burgos, Sandra) |
| Filing 9 USMS Service instructions NOTICE. (Burgos, Sandra) |
| Filing 8 Summons Issued as to All Defendants. 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 7 District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting #3 Motion for Leave to Proceed in forma pauperis. "Plaintiff's motion to proceed in forma pauperis, ECF No. 3, is hereby ALLOWED. The plaintiff's Complaint and Request for Injunction (ECF No. 1) is construed as a complaint and a motion for temporary restraining order. The Clerk shall issue summonses as to the named defendants. The plaintiff may elect to have service made by the United States Marshals Service. If directed by the plaintiffs to do so, the United States Marshals Service shall serve the summonses, complaint, and this Order upon the defendants, in the manner directed by the plaintiff, with all costs of service to be advanced by the United States. Notwithstanding Local Rule 4.1, the plaintiff shall have 90 days from the date of this Order to complete service. The plaintiffs are responsible for providing the United States Marshals Service with all necessary papers for service. The defendants shall file a response to the Complaint and Request for Injunction by January 2, 2024. To facilitate transmitting this order to the defendants, the Clerk is directed to send a courtesy copy of this order, and the Complaint and Request for Injunction to Harmon Law Offices, P.C., 150 California Street, Newton, MA 02458, who apparently represents Metropolitan Life Insurance Company based upon the letter to the plaintiff at ECF No. 1-10. Harmon Law Offices is requested, but not ordered to forward copies of the correspondence to Metropolitan Life Insurance Company. This Order does NOT enjoin the foreclosure proceedings. The Court is amenable to provide additional time of up to 45 days for defendants to respond to the Complaint and Request for Injunction, so long as the parties stipulate to a postponement of the foreclosure sale pending resolution of the motion for injunctive relief." (Belpedio, Lisa) |
| Filing 6 NOTICE of Appearance by Megan E. Ryan on behalf of Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc (Ryan, Megan) |
| Filing 5 NOTICE of Appearance by Donald W. Seeley, Jr on behalf of Metropolitan Life Insurance Company, Select Portfolio Servicing, Inc (Seeley, Donald) |
| Filing 4 Urgent request (non-motion) from Tammy Benson. (Burgos, Sandra) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Tammy Benson.(Barrows, Jennifer) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Margaret R. Guzman 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. (Barrows, Jennifer) |
| Filing 1 COMPLAINT against All Defendants, filed by Tammy Benson. (Attachments: #1 Statement of Claim, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Barrows, Jennifer) |
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