Melia v. Bank of New York Mellon et al
Plaintiff: Pamela A. Melia
Defendant: 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
Case Number: 1:2018cv01182
Filed: May 22, 2018
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Lorain
Presiding Judge: James S Gwin
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2018 Opinion or Order 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)
October 1, 2018 Opinion or Order 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)
October 1, 2018 Opinion or Order 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)
July 24, 2018 Opinion or Order 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)
July 10, 2018 Opinion or Order Filing 22 Opposition to #10 Motion to dismiss for failure to state a claim . Filed by Pamela A. Melia. (Attachments: #1 Complaint)(W,Jo)
June 29, 2018 Opinion or Order 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)
June 29, 2018 Opinion or Order Filing 20 Answer to #1 Complaint, filed by BAC Home Loans Servicing, LP, Ditech Financial LLC. (Sandy, James)
June 29, 2018 Opinion or Order Filing 19 Corporate Disclosure Statement identifying Corporate Parent Walter Investment Management Corp. for Ditech Financial LLC filed by Ditech Financial LLC. (Sandy, James)
June 29, 2018 Opinion or Order 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)
June 20, 2018 Opinion or Order Filing 17 Corporate Disclosure Statement identifying Corporate Parent Bayview Asset Management, LLC for Bayview Loan Servicing filed by Bayview Loan Servicing. (Werner, Karey)
June 20, 2018 Opinion or Order 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)
June 20, 2018 Opinion or Order 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)
June 20, 2018 Opinion or Order 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)
June 19, 2018 Opinion or Order Filing 14 Withdrawal of Notice of Appearance filed by BAC Home Loans Servicing, LP. Related document(s) #6 .(Green, Brian)
June 19, 2018 Opinion or Order Filing 13 Answer to #1 Complaint, filed by Mortgage Electronic Registration System. (Werner, Karey)
June 19, 2018 Opinion or Order Filing 12 Answer to #1 Complaint, filed by Bank of New York, Bank of New York Mellon. (Werner, Karey)
June 19, 2018 Opinion or Order Filing 11 Answer to #1 Complaint, filed by Bayview Loan Servicing. (Werner, Karey)
June 19, 2018 Opinion or Order 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)
June 18, 2018 Opinion or Order 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)
June 15, 2018 Opinion or Order Filing 8 Attorney Appearance by Bryan T. Kostura filed by on behalf of BAC Home Loans Servicing, LP, Ditech Financial LLC. (Kostura, Bryan)
June 15, 2018 Opinion or Order Filing 7 Attorney Appearance by James W. Sandy filed by on behalf of BAC Home Loans Servicing, LP, Ditech Financial LLC. (Sandy, James)
June 13, 2018 Opinion or Order Filing 6 Attorney Appearance by Brian J. Green filed by on behalf of BAC Home Loans Servicing, LP. (Green, Brian)
June 13, 2018 Opinion or Order 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)
June 13, 2018 Opinion or Order 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)
June 12, 2018 Opinion or Order 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)
May 22, 2018 Opinion or Order 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)
May 22, 2018 Opinion or Order 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)
May 22, 2018 Opinion or Order Judge James S. Gwin assigned to case. (S,SR)
May 22, 2018 Opinion or Order 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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Defendant: BAC Home Loans Servicing, LP
Represented By: Brian J. Green
Represented By: Bryan T. Kostura
Represented By: James W. Sandy
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Defendant: Bayview Loan Servicing
Represented By: Bryan J. Farkas
Represented By: Karey E. Werner
Represented By: Marcel C. Duhamel
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Defendant: Does 1-100, inclusive
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Defendant: Bank of New York Mellon
Represented By: Bryan J. Farkas
Represented By: Karey E. Werner
Represented By: Marcel C. Duhamel
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Defendant: Mortgage Electronic Registration System
Represented By: Bryan J. Farkas
Represented By: Karey E. Werner
Represented By: Marcel C. Duhamel
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Defendant: Ditech Financial LLC
Represented By: James W. Sandy
Represented By: Bryan T. Kostura
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Defendant: Wilmington Finance
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Defendant: Bank of New York
Represented By: Bryan J. Farkas
Represented By: Karey E. Werner
Represented By: Marcel C. Duhamel
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Defendant: Green Tree Servicing LLC
Represented By: Bryan T. Kostura
Represented By: James W. Sandy
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Defendant: MERS
Represented By: Bryan J. Farkas
Represented By: Karey E. Werner
Represented By: Marcel C. Duhamel
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Defendant: Countrywide Home Loans Servicing, LP
Represented By: Brian J. Green
Represented By: Bryan T. Kostura
Represented By: James W. Sandy
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Plaintiff: Pamela A. Melia
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