Pacaya v. Freedom Mortgage Corp. et al
| Elvis-Jack Pacaya |
| Freedom Mortgage Corp., Orlans PC, Federal Mortgage Home Loan Corp. and Grafton County Sheriff's Department |
| 1:2023cv00279 |
| May 19, 2023 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Landya B McCafferty |
| Real Property: Other |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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| Document Text |
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| Filing 18 ///REPORT AND RECOMMENDATION re #4 Motion to Dismiss for Failure to State a Claim, recommending the district judge grant GCSD's motion.. Follow up on Objections to R&R on 7/28/2023. So Ordered by US Magistrate Judge Andrea K Johnstone.(vln) |
| Filing 17 OBJECTION to #13 MOTION to Dismiss for Failure to State a Claim , #15 Partially Assented to MOTION for Permanent Injunction re: Vexatious Litigant and Sanctions filed by Elvis-Jack Pacaya. (vln) |
| Notice regarding #6 MOTION to Dismiss , #4 MOTION to Dismiss for Failure to State a Claim : Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Andrea K Johnstone for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (vln) |
| Filing 16 BRIEF/MEMORANDUM in Support of Motion for Injunction re: Vexatious Litigant and Sanctions by Freedom Mortgage Corp. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Roman, Marisa) |
| Filing 15 Partially Assented to MOTION for Permanent Injunction re: Vexatious Litigant and Sanctions filed by Freedom Mortgage Corp..Follow up on Objection on 7/14/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Roman, Marisa) |
| Filing 14 BRIEF/MEMORANDUM in Support of Motion to Dismiss by Freedom Mortgage Corp. (Attachments: #1 Exhibit, #2 Exhibit)(Roman, Marisa) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim filed by Freedom Mortgage Corp..Follow up on Objection on 7/14/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Roman, Marisa) |
| Filing 12 Return of Service Executed as to Federal Mortgage Home Loan Corp. by Elvis-Jack Pacaya. Served/Mailed on 6/21/2023. Answer Follow Up on 7/12/2023. (vln) |
| Filing 11 Disclosure Statement by Freedom Mortgage Corp. disclosing no parent company, no publicly traded company, and no merger agreement. (Roman, Marisa) |
| Filing 8 Disclosure Statement by Orlans PC disclosing no parent company, no publicly traded company, and no merger agreement. (Tchobanian, Effie) |
| Clerk's Notice - No DISCLOSURE STATEMENTS Filed. The parties are directed to file a DISCLOSURE STATEMENTS by June 26, 2023. (vln) |
| Filing 10 OBJECTION to #4 MOTION to Dismiss for Failure to State a Claim filed by Elvis-Jack Pacaya. Follow up on Reply on 6/28/2023. (vln) |
| Filing 9 AFFIDAVIT of Service as to Freedom Mortgage Corp., Grafton County Sheriff's Department, Orlans PC filed by Elvis-Jack Pacaya. Served/Mailed on 5/24/2023. (vln) Modified on 6/23/2023 to correct dated filed (vln). |
| Filing 7 NOTICE of Attorney Appearance by Effie Tchobanian on behalf of Orlans PC (Tchobanian, Effie) |
| Filing 6 MOTION to Dismiss filed by Orlans PC. Attorney Effie Tchobanian added to party Orlans PC(pty:dft).Follow up on Objection on 6/27/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Tchobanian, Effie) |
| ENDORSED ORDER granting re #5 MOTION to Extend Time to Answer to 7/5/2023 , #1 Complaint,.. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. Answer Follow Up on 7/5/2023. (vln) |
| Filing 5 MOTION to Extend Time to Answer to 7/5/2023 filed by Freedom Mortgage Corp.. Attorney Marisa Roman added to party Freedom Mortgage Corp.(pty:dft).Follow up on Objection on 6/26/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Roman, Marisa) |
| Filing 4 MOTION to Dismiss for Failure to State a Claim filed by Grafton County Sheriff's Department. Attorney Matthew Vernon Burrows added to party Grafton County Sheriff's Department(pty:dft).Follow up on Objection on 6/26/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Burrows, Matthew) |
| Filing 3 Letter to Deputy Clerk from Elvis-Jack Pacaya re: Order relative to a request for a TRO based on the Verified Claim. (vln) |
| ENDORSED ORDER #1 Complaint. Text of Order: Plaintiff's Complaint (doc. no. 1), entitled, Verified Claim, includes as part of its caption the statement, Emergency Relief Required Ex-Parte Temporary Restraining Order Requested. Federal Rule of Civil Procedure 65(b) requires a party seeking a temporary restraining order (TRO) to assert specific facts, in an affidavit or verified complaint, which clearly show that immediate and irreparable injury, loss, or damage will result before the defendants can be heard in opposition to his request. Fed. R. Civ P. 65(b)(1)(A). That Rule also requires the movant to certify in writing any efforts made to give notice and the reasons why such notice should not be required. Fed. R. Civ. P 65(b)(1)(B). The requirements of Rule 65(b)(1) are not mere technicalities but establish minimum due process. Thus, to obtain ex parte relief, a party must strictly comply with those requirements. Strahan v. OReilly, No. 22-cv-52-LM, 2022 U.S. Dist. LEXIS, at *3, 2022 WL 788623, at *1 (D.N.H. Feb. 16, 2022) (citation omitted), R&R adopted, 2022 U.S. Dist. LEXIS 45955, 2022 WL 788258 (D.N.H. Mar. 14, 2022). Plaintiff's complaint lacks a clear indication of the nature of any immediate or irreparable injury, the equitable relief the plaintiff seeks before defendants can be heard, the efforts made to give notice, or the reasons why notice should not be required. Accordingly, the plaintiff's request for a TRO in the complaint (doc. no. 1) is DENIED, without prejudice to his ability to seek such relief in a motion that complies with Rule 65(b)(1). So Ordered by US Magistrate Judge Andrea K Johnstone.(vln) |
| Filing 2 Summonses issued by mail as to Federal Mortgage Home Loan Corp., Freedom Mortgage Corp., Grafton County Sheriff's Department, Orlans PC. Counsel shall serve all documents in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc) |
| Filing 1 COMPLAINT "Emergency Relief Required Ex-Parte Temporary Restraining Order Requested" against Federal Mortgage Home Loan Corp., Freedom Mortgage Corp., Grafton County Sheriff's Department, Orlans PC (Filing fee $402 receipt number 673) filed by Elvis-Jack Pacaya. (Attachments: #1 Summonses, #2 Exhibits A & B)(mc) |
| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:23-cv-279-LM. Please show this number with the judge designation on all future pleadings. (mc) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) |
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