Papapietro v. The Bank of New York Mellon et al
| Anthony Papapietro |
| The Bank of New York Mellon, Ocwen Loan Servicing and Wilmington Finance, The Bank of New York as Successor in Interest to JPMorgan Chase Bank, N.A., AIG, Litton Loan Servicing, Alexander Papadopoulos, Misail Papadopoulos, Evangelia Papadopoulos and Wilmington Finance |
| 3:2022cv01624 |
| October 17, 2022 |
| US District Court for the Middle District of Pennsylvania |
| Susan E Schwab |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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Filing 71
ORDER denying #70 Motion to Extend Time as Moot. Signed by Magistrate Judge Susan E. Schwab on 11/20/23. (ae)
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| Filing 70 MOTION for Extension of Time to To Respond To Defendants Motion to Dismiss by Anthony Papapietro. (Attachments: #1 Affivait of Service by Mail)(ll) |
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Filing 69
ORDER - that the motion for extension of time (doc. #68 ) is GRANTED. Papapietro shall file his response on or before December 1, 2023. Signed by Magistrate Judge Susan E. Schwab on 11/16/23 (ae)
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| Filing 68 MOTION for Extension of Time to Respond to Defendants Motion to Dismiss by Anthony Papapietro.(ll) |
| Filing 67 AFFIDAVIT in Support re #65 First MOTION to Dismiss for Failure to State a Claim filed by The Bank of New York Mellon. (Attachments: #1 Exhibit(s) Exhibit A - E.D. Complaint, #2 Exhibit(s) Exhibit B - Nov. 7 2014 Decision, #3 Exhibit(s) Exhibit C - E.D. FAC, #4 Exhibit(s) Exhibit D - Redline comparison of complaints, #5 Exhibit(s) Exhibit E - March 31 2020 Decision, #6 Exhibit(s) Exhibit F - March 31 2020 Judgment, #7 Exhibit(s) Exhibit G - Foreclosure docket, #8 Exhibit(s) Exhibit H - September 17 2020 Praecipe, #9 Exhibit(s) Exhibit I - May 5 2022 Summary Order, #10 Exhibit(s) Exhibit J - Foreclosure Correspondence)(Stacko, Jeffrey) |
| Filing 66 BRIEF IN SUPPORT re #65 First MOTION to Dismiss for Failure to State a Claim filed by The Bank of New York Mellon.(Stacko, Jeffrey) |
| Filing 65 First MOTION to Dismiss for Failure to State a Claim by The Bank of New York Mellon. (Attachments: #1 Proposed Order)(Stacko, Jeffrey) |
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Filing 64
ORDER granting #56 Motion to Set Aside Default and the default entered by theClerk of Court doc. #54 is SET ASIDE. IT IS FURTHER ORDERED that,within 14 days of the date of this Order, Bank of New York Mellon shall file itsmotion to dismiss Papapietro's complaint and its brief in support of that motion. Signed by Magistrate Judge Susan E. Schwab on 10/23/23. (ae)
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Filing 63
ORDER denying #42 Motion to Amend/Correct. Signed by Magistrate Judge Susan E. Schwab on 10/23/23 (ae)
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| Filing 62 CONSENTS to Proceed Before US Magistrate Judge Schwab in Direct Assignment Cases pursuant to Standing Order 2022-19. (jkc) |
| Filing 61 REPLY BRIEF re #56 MOTION to Set Aside Default filed by The Bank of New York Mellon.(Stacko, Jeffrey) |
| Filing 60 BRIEF IN OPPOSITION re #56 MOTION to Set Aside Default filed by Anthony Papapietro. (ibr) |
| Filing 59 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to The Bank of New York Mellon YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 9/5/2023 (rw) |
| Filing 58 BRIEF IN SUPPORT re #56 MOTION to Set Aside Default filed by The Bank of New York Mellon.(mw) |
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Filing 57
ORDER - it is ORDERED that the Clerk of Court is directed to docket Document 56-6 as Bank of New York Mellons brief in support of its motion to set aside the entry of default. If Papapietro opposes Bank of New York Mellons motion to set aside the entry of default, he shall file a brief in opposition to that motion on or before August 17, 2023. Signed by Magistrate Judge Susan E. Schwab on 8/3/2023. (mw)
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| Filing 56 MOTION to Set Aside Default by The Bank of New York Mellon. (Attachments: #1 Proposed Order, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Memo in Support)(Stacko, Jeffrey) |
| Filing 55 BRIEF IN OPPOSITION re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Anthony Papapietro.(ibr) |
| Filing 54 Clerk's ENTRY OF DEFAULT as to The Bank of New York Mellon.(aaa) |
| Filing 53 REQUEST FOR ENTRY OF DEFAULT by Anthony Papapietro. (Attachments: #1 Proposed Order, #2 BIS, #3 Exhibit(s))(aaa) |
| Filing 52 AFFIDAVIT in Support re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wilmington Finance. (Attachments: #1 Exhibit(s) A: 2013 Complaint w.o exhibits, #2 Exhibit(s) B: November 2014 Order re Popular, #3 Exhibit(s) C: 2015 Amended Complaint w.o exhibits, #4 Exhibit(s) D: Redline Comparison of Complaints, #5 Exhibit(s) E: 2020 Decision and Order, #6 Exhibit(s) F: 2020 Judgment, #7 Exhibit(s) G: 2022 Appeal Summary Order, #8 Exhibit(s) H: Monroe County FC Docket 006414-CV-2012, #9 Exhibit(s) I: 2023.01.03 Motion to Adjourn)(Badolato, Michelle) |
| Filing 51 BRIEF IN SUPPORT re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wilmington Finance. (Attachments: #1 Certificate of Service)(Badolato, Michelle) |
| Filing 50 BRIEF IN OPPOSITION re #42 MOTION to Amend/Correct filed by Alexander Papadopoulos, Evangelia Papadopoulos, Misail Papadopoulos.(Geiger, Gerard) |
| Filing 49 BRIEF IN SUPPORT re #42 MOTION to Amend Complaint filed by Anthony Papapietro. (Attachments: #1 Exhibit(s))(aaa) |
| Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wilmington Finance. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Badolato, Michelle) |
| Filing 47 REPLY BRIEF re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Litton Loan Servicing.(Slipakoff, Brian) |
| Filing 46 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to All Parties YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 5/22/2023 (ma) |
| Filing 44 EXHIBITS filed by Anthony Papapietro. (aaa) |
| Filing 43 BRIEF IN OPPOSITION re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Anthony Papapietro.(aaa) |
| Filing 42 MOTION to Amend Complaint filed by Anthony Papapietro.(aaa) |
| DOCKET ANNOTATION: Counsel for defendants provided dial in information for the 4/20/23 conference call via email. Plaintiff called and given information verbally (ma) |
| Filing 41 NOTICE of Appearance by Christopher A. Reese on behalf of Wilmington Finance (Reese, Christopher) |
| Filing 40 BRIEF IN SUPPORT re #39 MOTION to Dismiss Case as Frivolous filed by Evangelia Papadopoulos, Misail Papadopoulos.(Geiger, Gerard) |
| Filing 39 MOTION to Dismiss Case as Frivolous by Evangelia Papadopoulos, Misail Papadopoulos. (Attachments: #1 Proposed Order)(Geiger, Gerard) |
| Filing 38 NOTICE of Appearance by Gerard J. Geiger on behalf of Evangelia Papadopoulos, Misail Papadopoulos (Geiger, Gerard) |
| Filing 37 BRIEF IN OPPOSITION re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Anthony Papapietro. (Attachments: #1 Exhibit(s))(aaa) |
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Filing 36
ORDER granting #33 Motion for Extension of Time to Answer. Defendant Wilmington Finance shall answer, move, or otherwise respond on or before 5/1/2023. Signed by Magistrate Judge Susan E. Schwab on March 31, 2023. (ibr)
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Filing 35
ORDER withdrawing #11 Motion to Amend/Correct. See order for complete details. Signed by Magistrate Judge Susan E. Schwab on March 29, 2023. (ibr)
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Filing 34
ORDER granting #31 Motion for Extension of Time to File a Brief in Opposition to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The plaintiff shall file a brief in opposition to each motion to dismiss on or before April 17, 2023. Signed by Magistrate Judge Susan E. Schwab on March 27, 2023. (ibr)
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| Filing 33 MOTION for Extension of Time to File Answer re #1 Complaint by Wilmington Finance. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence, #3 Certificate of Service, #4 Exhibit(s) A - Second Stipulation to Extend Time)(Badolato, Michelle) |
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Filing 32
ORDER - IT IS ORDERED that the court will take no action on counsel's emails, and counsel may file a motion requesting a continuance of the status call. See order for complete details. Signed by Magistrate Judge Susan E. Schwab on March 24, 2023. (ibr)
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| Filing 31 MOTION for Extension of Time to File Brief in Opposition to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Anthony Papapietro.(dw) |
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Filing 30
SCHEDULING ORDER: Telephone Status Conference set for 4/20/2023 at 10:00 AM before Magistrate Judge Susan E. Schwab. The court will provide the parties with conference call-in instructions in due course. Signed by Magistrate Judge Susan E. Schwab on March 20, 2023. (ibr)
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Filing 29
ORDER - IT IS ORDERED that the plaintiff shall file, on or before March 28, 2023, a brief in opposition to defendant Litton Loan Servicing's motion. Signed by Magistrate Judge Susan E. Schwab on March 14, 2023. (ibr)
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Filing 28
ORDER - IT IS ORDERED that the plaintiff shall file, on or before March 28, 2023, a brief in opposition to defendant Papadopoulos's motion. Signed by Magistrate Judge Susan E. Schwab on March 14, 2023. (ibr)
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Filing 27
Order approving #26 Stipulation to Extend Time. Defendant Wilmington Finance shall answer the plaintiff's complaint on or before March 31, 2023. Signed by Magistrate Judge Susan E. Schwab on March 14, 2023. (ibr)
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| Filing 26 NOTICE by Wilmington Finance to Extend Time to plead from March 14, 2023 to March 31, 2023 (Badolato, Michelle) |
| Filing 25 NOTICE of Appearance by Brett Messinger on behalf of Litton Loan Servicing (Messinger, Brett) |
| Filing 24 AFFIDAVIT in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Litton Loan Servicing. (Attachments: #1 Exhibit(s) Complaint in EDNY Litigation, #2 Amended Complaint in EDNY Litigation, #3 Comparison of Complaints, #4 Decision in EDNY Litigation, #5 Judgment in EDNY Litigation, #6 2d Circuit Decision in EDNY Litigation)(Slipakoff, Brian) |
| Filing 23 BRIEF IN SUPPORT re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Litton Loan Servicing.(Slipakoff, Brian) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Litton Loan Servicing. (Attachments: #1 Proposed Order)(Slipakoff, Brian) |
| Filing 21 Corporate Disclosure Statement by Litton Loan Servicing identifying Corporate Parent PHH Mortgage Corporation, Corporate Parent Ocwen Financial Corporation for Litton Loan Servicing.. (Slipakoff, Brian) |
| Filing 20 NOTICE of Appearance by Brian J Slipakoff on behalf of Litton Loan Servicing (Slipakoff, Brian) |
| Filing 19 SUMMONS Returned Executed by Anthony Papapietro. Alexander Papadopoulos served on 2/22/2023, answer due 3/15/2023; The Bank of New York Mellon served on 2/21/2023, answer due 3/14/2023. (Cover reads otherwise, but these are the proofs of service enclosed - Clerk's Office); (ep) |
| Filing 18 NOTICE of Appearance by Michelle H. Badolato on behalf of Wilmington Finance (Badolato, Michelle) |
| Filing 17 NOTICE of Appearance by Joe N. Nguyen on behalf of Wilmington Finance (Nguyen, Joe) |
| Filing 16 BRIEF IN SUPPORT re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alexander Papadopoulos.(Geiger, Gerard) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Alexander Papadopoulos. (Attachments: #1 Exhibit(s) A--County Foreclosure Complaint, #2 Exhibit(s) B--Report of Settlement, #3 Proposed Order)(Geiger, Gerard) |
| Filing 14 SUMMONS Returned Executed. Litton Loan Servicing served on 2/21/2023, answer due 3/14/2023. (dw) |
| Filing 13 NOTICE of Appearance by Gerard J. Geiger on behalf of Alexander Papadopoulos (Geiger, Gerard) |
| Filing 12 AFFIDAVIT in support of #11 MOTION to Amend #1 Complaint filed by Anthony Papapietro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(dw) |
| Filing 11 MOTION to Amend #1 Complaint by Anthony Papapietro.(dw) |
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Filing 10
ORDER - IT IS ORDERED that Papapietro's request (doc. 9) for a 30-day extension of time to serve the defendants and to file proof of service is GRANTED. On or before March 2, 2023, Papapietro shall (1) serve the summons and the complaint on the defendants in accordance with Fed. R. Civ. P. 4; and (2) file a return of service. Signed by Magistrate Judge Susan E. Schwab on January 31, 2023. (ibr)
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| Filing 9 Letter to court from Anthony Papapietro re extension of time to serve Summons. (sh) |
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Filing 8
ORDER - IT IS ORDERED that the court will take no action on Papapietros email, and Papapietro shall refrain from contacting the court via email. Papapietro may file on the docket whatever motion, including a motion for an extension of time to file proof of service, that he thinks is appropriate. Signed by Magistrate Judge Susan E. Schwab on January 25, 2023. (ibr)
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Filing 7
IT IS ORDERED that plaintiff shall, within 90 days of the date hefiled the complaint, serve the summons and the complaint on the defendant inaccordance with Fed. R. Civ. P. 4, and plaintiff shall file a return of service within 90 days of the date he filed the complaint. Signed by Magistrate Judge Susan E. Schwab on October 19, 2022. (ibr)
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| Filing 6 Summons Issued as to All Defendants and provided TO PLAINTIFF VIA U.S. MAIL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (ibr) |
| Filing 5 STANDING PRACTICE ORDER issued and sent to Plaintiff. (aaa) |
| Filing 4 PRO SE LETTER ISSUED providing the case number. (aaa) |
| Receipt of payment from ANTHONY PAPAPIETRO in the amount of $402.00 for Civil Filing Fee- Non-Prisoner. Transaction posted on 10/17/2022. Receipt number 333101503 processed by AO. (jjs) |
| Filing 3 EXHIBIT (21-33) filed by Anthony Papapietro. (Attachments: #1 22, #2 23, #3 24, #4 25, #5 26, #6 27, #7 28, #8 29, #9 30, #10 31, #11 32, #12 33)(aaa) |
| Filing 2 EXHIBITS (1-20) filed by Anthony Papapietro. (Attachments: #1 2, #2 3, #3 4, #4 5, #5 6, #6 7, #7 8, #8 9, #9 10, #10 11, #11 12, #12 13, #13 14, #14 15, #15 16, #16 17, #17 17, #18 19, #19 20)(aaa) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402, Receipt Number 333101503), filed by Anthony Papapietro. (Attachments: #1 Civil Cover Sheet)(aaa) (Additional attachment(s) added on 10/18/2022: #2 Receipt) (aaa). |
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