Smith v. Deutsche Bank National Trust Company,et al
| Massachusetts District Court | |
| Judge: | Leo T Sorokin |
| Case #: | 1:19-cv-12345 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Nov 14, 2019 |
| Terminated: | Mar 18, 2020 |
| Case in other court: | Bristol Superior, 1973CV00991A |
| Last checked: Tuesday May 12, 2020 4:15 AM EDT |
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Defendant
Deutsche Bank National Trust Company
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Represented By
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Defendant
PHH Mortgage Services Corporation
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Represented By
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Plaintiff
Patricia Ardele Smith
45 Foundry Street
N.Easton, MA 02356 |
GPO
Mar 18 2020
District Judge Leo T. Sorokin: ORDER entered. 9 Defendants' Motion to Dismiss for Failure to State a Claim is ALLOWED. The Clerk shall enter a judgment of dismissal with each side to bear its own costs and fees. (Montes, Mariliz) |
| Docket last updated: 04/24/2025 11:59 PM EDT |
| Thursday, February 17, 2022 | ||
| 33 | 33
appeal
USCA Mandate
Fri 02/18 10:23 AM
MANDATE of USCA as to24 Notice of Appeal, filed by Patricia Ardele Smith. Appeal24 Terminated (Warnock, Douglas) |
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| Friday, September 10, 2021 | ||
| 32 | 32
appeal
USCA Judgment
Sat 09/11 2:43 PM
USCA Judgment as to24 Notice of Appeal, filed by Patricia Ardele Smith. AFFIRMED... (Paine, Matthew) |
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| Thursday, June 18, 2020 | ||
| 31 | 31
misc
Mail Returned
Thu 06/18 11:21 AM
Mail sent to Patricia Ardele Smith : Mail Returned as Undeliverable. (Montes, Mariliz) |
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| Friday, May 15, 2020 | ||
| 30 | 30
appeal
Supplemental ROA Sent to USCA
Fri 05/15 6:28 AM
Supplemental Record on Appeal transmitted to US Court of Appeals re24 Notice of Appeal. Documents included: ECF No. 28 (Paine, Matthew) |
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| Thursday, May 14, 2020 | ||
| 29 | 29
misc
Docket sheet sent
Thu 05/14 3:27 PM
DOCKET SHEET sent to Plaintiff. (Montes, Mariliz) |
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| 28 | 28
order
Order on Motion for Leave to Appeal In Forma Pauperis
Thu 05/14 3:24 PM
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting25 Motion for Leave to Appeal in forma pauperis (Simeone, Maria) |
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| Sunday, April 12, 2020 | ||
| 27 | 27
appeal
USCA Case Number
Sun 04/12 12:52 PM
USCA Case Number 20-1430 for24 Notice of Appeal filed by Patricia Ardele Smith. (Paine, Matthew) |
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| Thursday, April 09, 2020 | ||
| 26 | 26
appeal
Abbreviated Electronic Appeal Record Sent to USCA
Thu 04/09 10:42 AM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re24 Notice of Appeal. (Paine, Matthew) |
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| Tuesday, March 31, 2020 | ||
| 25 | 25
motion
Appeal In Forma Pauperis
Tue 03/31 5:04 PM
MOTION for Leave to Appeal in forma pauperis by Patricia Ardele Smith.(Montes, Mariliz) |
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Att: 1
Text of Proposed Order
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| 24 | 24
appeal
Notice of Appeal
Tue 03/31 5:00 PM
NOTICE OF APPEAL as to23 Judgment,22 Order on Motion to Dismiss for Failure to State a Claim by Patricia Ardele Smith NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 4/20/2020. (Montes, Mariliz) |
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| Wednesday, March 18, 2020 | ||
| 23 | 23
order
Judgment
Wed 03/18 3:14 PM
District Judge Leo T. Sorokin: ORDER entered. JUDGMENT (Montes, Mariliz) |
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| 22 | 22
10
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 03/18 2:58 PM
District Judge Leo T. Sorokin: ORDER entered. 9 Defendants' Motion to Dismiss for Failure to State a Claim is ALLOWED. The Clerk shall enter a judgment of dismissal with each side to bear its own costs and fees. (Montes, Mariliz) |
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| Friday, January 10, 2020 | ||
| 21 | 21
misc
Docket sheet sent
Fri 01/10 4:07 PM
DOCKET SHEET sent to Plaintiff. (Montes, Mariliz) |
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| 20 | 20
order
Order on Motion for Extension of Time to File Response/Reply
Fri 01/10 4:06 PM
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting18 Plaintiff's Second Motion for Extension of Time to 1/10/2020 to Respond to9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 1/10/2020. (Montes, Mariliz) |
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| 19 | 19
respm
Response to Motion
Fri 01/10 3:17 PM
Plaintiff's RESPONSE in Opposition to9 Defendants' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patricia Ardele Smith. (Montes, Mariliz) |
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| Thursday, January 09, 2020 | ||
| 18 | 18
motion
Extension of Time to File Response/Reply
Fri 01/10 3:15 PM
Plaintiff's Second Motion for Extension of Time to 1/10/2020 to Respond to Motion to Dismiss by Patricia Ardele Smith.(Montes, Mariliz) |
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Att: 1
Affidavit in Support of Motion
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| Monday, January 06, 2020 | ||
| 17 | 17
misc
Docket sheet sent
Mon 01/06 11:59 AM
DOCKET SHEET sent to Plaintiff via first class mail. (Montes, Mariliz) |
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| Friday, January 03, 2020 | ||
| 16 | 16
notice
Notice of Appearance
Fri 01/03 2:03 PM
NOTICE of Appearance by Joseph A. Farside, Jr on behalf of Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4, PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C. (Farside, Joseph) |
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| 15 | 15
utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 01/03 1:00 PM
Reset Deadlines as to9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 1/6/2020 (Simeone, Maria) |
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| 14 | 14
order
Order on Motion for Extension of Time
Fri 01/03 12:57 PM
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Allowed. The court hereby VACATES the 11 Order to show cause and allows 13 Motion for Extension of Time to respond to 9 Motion to Dismiss due by 1/6/20. re 13 Motion for Extension of Time (Simeone, Maria) Modified on 1/3/2020 (Simeone, Maria) |
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| Thursday, January 02, 2020 | ||
| 12 | 12
notice
Notice - Other
Thu 01/02 4:04 PM
NOTICE: Order mailed certified mail 7012 3050 0000 7256 2291 to Patricia A Smith N. Easton Ma re11 Order to Show Cause (Simeone, Maria) |
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| 11 | 11
2
pgs
order
Order To Show Cause
Thu 01/02 3:54 PM
District Judge Leo T. Sorokin:. ORDER TO SHOW CAUSE entered. Defendants removed the action to federal court on November 14, 2019 and filed a motion under Fed. R. Civ. P. 12(b)(6) to dismiss the action for failure to state a claim on December 6, 2019. To date, Smith has made no filing opposing the motion or requesting an extension of time to oppose the motion. The Court now ORDERS Smith to respond to Defendants' motion to dismiss by January 23, 2020. Should Smith fail to file a response to the motion to dismiss by that date, she faces dismissal of her complaint on the grounds of failure to prosecute and failure to obey this Court Order. Show Cause Response due by 1/23/2020.(Simeone, Maria) (Simeone, Maria) |
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| Tuesday, December 31, 2019 | ||
| 13 | 13
motion
Extension of Time
Fri 01/03 12:17 PM
MOTION for Extension of Time to 1/5/20 to respond to motion by Patricia Ardele Smith.(Simeone, Maria) |
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| Friday, December 06, 2019 | ||
| 10 | 10
20
pgs
respm
Memorandum in Support of Motion
Fri 12/06 2:52 PM
MEMORANDUM in Support re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4, PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C..(Guillory Tadesse, Krystle) |
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Att: 1
Exhibit A - Note,
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Att: 2
Exhibit B- Mortgage,
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Att: 3
Exhibit C - Assignment,
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Att: 4
Exhibit D - 35C Affidavit,
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Att: 5
Exhibit E - Notice of Sale,
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Att: 6
Exhibit F - Certificate,
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Att: 7
Exhibit G - Notice,
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Att: 8
Exhibit H - Foreclosure Deed
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| 9 | 9
motion
Dismiss for Failure to State a Claim
Fri 12/06 2:46 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4, PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C..(Guillory Tadesse, Krystle) |
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| Friday, November 22, 2019 | ||
| 8 | 8
misc
State Court Record - no answer filed in state court
Fri 11/22 2:09 PM
STATE COURT Record PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C. summons served on 10/25/2019, answer due 11/15/2019.. (Guillory Tadesse, Krystle) |
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| Thursday, November 21, 2019 | ||
| 7 | 7
order
Order on Motion for Extension of Time to Answer
Thu 11/21 3:19 PM
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting6 Motion for Extension of Time to Answer Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4 answer due 12/6/2019. (Simeone, Maria) |
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| 6 | 6
motion
Extension of Time to File Answer
Thu 11/21 12:09 PM
MOTION for Extension of Time to 12/6/19 to File Answer or Otherwise Respond to Complaint by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4, PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C..(Guillory Tadesse, Krystle) |
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| Friday, November 15, 2019 | ||
| 5 | 5
notice
Notice of Appearance
Fri 11/15 9:45 AM
NOTICE of Appearance by Jeffrey C. Ankrom on behalf of Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4, PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C. (Ankrom, Jeffrey) |
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| Thursday, November 14, 2019 | ||
| 4 | 4
notice
Notice of Case Assignment
Thu 11/14 1:10 PM
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 M. Page Kelley. (Finn, Mary) |
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| 3 | 3
misc
Corporate Disclosure Statement
Thu 11/14 12:45 PM
CORPORATE DISCLOSURE STATEMENT by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4 identifying Corporate Parent Deutsche Bank AG for Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4.. (Guillory Tadesse, Krystle) |
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| 2 | 2
misc
Corporate Disclosure Statement
Thu 11/14 12:43 PM
CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C. identifying Corporate Parent Ocwen Financial Corporation, Corporate Parent PHH Corporation for PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C... (Guillory Tadesse, Krystle) |
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| 1 | 1
notice
Notice of Removal
Thu 11/14 12:39 PM
NOTICE OF REMOVAL by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4, PHH Mortgage Services Corporation, Individually and as Successor-In-Interest to Ocwen Loan Servicing, L.L.C. ( Filing fee: $ 400, receipt number 0101-7970944 Fee Status: Filing Fee paid)(Guillory Tadesse, Krystle) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Category Sheet,
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Att: 3
Exhibit A - Complaint,
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Att: 4
Exhibit B - Mortgage,
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Att: 5
Exhibit C - Assignment,
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Att: 6
Exhibit D - Property Record Card
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