Melia v. Bank of New York Mellon et al
| Pamela A. Melia |
| BAC Home Loans Servicing, LP, Bayview Loan Servicing, Does 1-100, inclusive, Bank of New York Mellon, Mortgage Electronic Registration System, Ditech Financial LLC, Wilmington Finance, Bank of New York, Green Tree Servicing LLC, MERS and Countrywide Home Loans Servicing, LP |
| 1:2018cv01182 |
| May 22, 2018 |
| U.S. District Court for the Northern District of Ohio |
| Cleveland Office |
| Lorain |
| James S Gwin |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on October 1, 2018. A more recent docket listing may be available from PACER.
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Filing 25
Judgment signed by Judge James S. Gwin on 10/1/18. The Court, having entered its Opinion & Order, enters judgment in favor of defendants and dismisses plaintiff's complaint. The Court further certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. (Related Doc. #24 ) (D,MA)
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Filing 24
Opinion & Order signed by Judge James S. Gwin on 10/1/18. The Court, for the reasons set forth in this order, grants the moving defendants' motions to dismiss and for judgment on the pleadings, and plaintiff's complaint is dismissed as against them. Although there is no indication that Wilmington was served, the complaint is dismissed as against Wilmington for the same reasons pursuant to the Court's authority established in Apple v. Glenn, 183 F3d at 479. The Court further certifies pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. (Related Docs. #10 and #21 ) (D,MA)
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Copy of Opinion & Order and Judgment mailed to Pamela A. Melia, 1148 E. River St., Elyria, OH 44035 on 10/1/18. (Related Docs. #24 and #25 ) (D,MA)
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Filing 23
Reply in support of #21 Motion for judgment on the pleadings filed by BAC Home Loans Servicing, LP, Ditech Financial LLC. (Sandy, James)
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Filing 22
Opposition to #10 Motion to dismiss for failure to state a claim . Filed by Pamela A. Melia. (Attachments: #1 Complaint)(W,Jo)
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Filing 21
Motion for judgment on the pleadings filed by BAC Home Loans Servicing, LP, Ditech Financial LLC. (Attachments: #1 Pleading Memorandum in Support, #2 Exhibit A - Adjustable Rate Balloon Note, #3 Exhibit B - Mortgage, #4 Exhibit C - Assignment, #5 Exhibit D - 07/20/2012 Foreclosure Action, #6 Exhibit E - Final Judgment of Foreclosure)(Sandy, James)
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Filing 20
Answer to #1 Complaint, filed by BAC Home Loans Servicing, LP, Ditech Financial LLC. (Sandy, James)
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Filing 19
Corporate Disclosure Statement identifying Corporate Parent Walter Investment Management Corp. for Ditech Financial LLC filed by Ditech Financial LLC. (Sandy, James)
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Filing 18
Corporate Disclosure Statement identifying Corporate Parent Bank of America Corporation for BAC Home Loans Servicing, LP filed by BAC Home Loans Servicing, LP. (Sandy, James)
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Filing 17
Corporate Disclosure Statement identifying Corporate Parent Bayview Asset Management, LLC for Bayview Loan Servicing filed by Bayview Loan Servicing. (Werner, Karey)
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Filing 16
Corporate Disclosure Statement identifying Corporate Parent MERSCORP Holdings, Inc., Corporate Parent Intercontinental Exchange, Inc., Corporate Parent Maroon Holding, LLC for Mortgage Electronic Registration System filed by Mortgage Electronic Registration System. (Werner, Karey)
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Filing 15
Corporate Disclosure Statement identifying Corporate Parent Bank of New York Mellon Corporation for Bank of New York, Bank of New York Mellon filed by Bank of New York, Bank of New York Mellon. (Werner, Karey)
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Notice by Clerk that Bayview Loan Servicing, Bank of New York, Bank of New York Mellon, Mortgage Electronic Registration System failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (P,WL)
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Filing 14
Withdrawal of Notice of Appearance filed by BAC Home Loans Servicing, LP. Related document(s) #6 .(Green, Brian)
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Filing 13
Answer to #1 Complaint, filed by Mortgage Electronic Registration System. (Werner, Karey)
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Filing 12
Answer to #1 Complaint, filed by Bank of New York, Bank of New York Mellon. (Werner, Karey)
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Filing 11
Answer to #1 Complaint, filed by Bayview Loan Servicing. (Werner, Karey)
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Filing 10
Motion to dismiss for failure to state a claim filed by Bank of New York, Bank of New York Mellon, Bayview Loan Servicing, Mortgage Electronic Registration System. Related document(s) #1 . (Attachments: #1 Exhibit A- Note, #2 Exhibit B- Mortgage and Assignment, #3 Exhibit C- Final Judgment of Foreclosure, #4 Affidavit of Compliance with Local Rule 7.1(f))(Werner, Karey)
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Filing 9
Motion for extension of time until July 9, 2018 to answer Complaint filed by BAC Home Loans Servicing, LP, Ditech Financial LLC. Related document(s) #1 . (Sandy, James)
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Filing 8
Attorney Appearance by Bryan T. Kostura filed by on behalf of BAC Home Loans Servicing, LP, Ditech Financial LLC. (Kostura, Bryan)
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Filing 7
Attorney Appearance by James W. Sandy filed by on behalf of BAC Home Loans Servicing, LP, Ditech Financial LLC. (Sandy, James)
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Filing 6
Attorney Appearance by Brian J. Green filed by on behalf of BAC Home Loans Servicing, LP. (Green, Brian)
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Filing 5
Attorney Appearance of Additional Counsel by Marcel C. Duhamel filed by on behalf of Bank of New York, Bank of New York Mellon, Bayview Loan Servicing, Mortgage Electronic Registration System. (Duhamel, Marcel)
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Filing 4
Attorney Appearance of Additional Counsel by Karey E. Werner filed by on behalf of Bank of New York, Bank of New York Mellon, Bayview Loan Servicing, Mortgage Electronic Registration System. (Werner, Karey)
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Filing 3
Attorney Appearance by Bryan J. Farkas filed by on behalf of Bank of New York, Bank of New York Mellon, Bayview Loan Servicing, Mortgage Electronic Registration System. (Farkas, Bryan)
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Filing 2
Original Summons and Magistrate Consent Form issued to mailed to plaintiff for service upon BAC Home Loans Servicing, LP, Bank of New York, Bank of New York Mellon, Bayview Loan Servicing, Ditech Financial LLC, Mortgage Electronic Registration System, Wilmington Finance. One copy of complaint mailed. Additional copies of complaint on file in the clerk's office. (Attachments: #1 Magistrate Consent Form) (S,SR)
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Filing 1
Complaint for lacking of standing to foreclosure, identity theft, defamation of character, fraud in the concealment, intentional infliction of emotional distress, quiet title, slander of title, declaratory relief, violations of TILA, violations of RESPA, recission against All Defendants. Filing fee paid. $400. Receipt # 14660104890. Filed by Pamela A. Melia. (Attachments: #1 Civil Cover Sheet) (S,SR)
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Judge James S. Gwin assigned to case. (S,SR)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,SR)
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