Fustolo v. Newrez LLC et al
| Massachusetts District Court | |
| Judge: | Myong J Joun |
| Case #: | 1:23-cv-11972 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 28:1442 Notice of Removal |
| Case Filed: | Aug 28, 2023 |
| Terminated: | Jan 06, 2025 |
| Last checked: Saturday Feb 24, 2024 7:17 AM EST |
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Defendant
Newrez LLC
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Represented By
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Defendant
U.S. Bank Trust National Association
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Represented By
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Plaintiff
Steven C. Fustolo
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Represented By
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| Docket last updated: 3 hours ago |
| Thursday, February 06, 2025 | ||
| 40 | 40
appeal
USCA Case Number
Thu 02/06 6:41 AM
USCA Case Number 25-1118 for38 Notice of Appeal, filed by Steven C. Fustolo. (MAP) |
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| Wednesday, February 05, 2025 | ||
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appeal
Abbreviated Electronic Appeal Record Sent to USCA
Wed 02/05 2:17 PM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re38 Notice of Appeal. (MAP) |
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| 38 | 38
appeal
Notice of Appeal
Wed 02/05 10:01 AM
NOTICE OF APPEAL as to37 Order Dismissing Case by Steven C. Fustolo. Filing fee: $ 605, receipt number AMADC-10824258 Fee Status: Not Exempt. 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 2/25/2025. (Culik, Joe) |
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| Monday, January 06, 2025 | ||
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1
pgs
order
Order Dismissing Case
Mon 01/06 4:59 PM
Judge Myong J. Joun: ORDER entered. ORDER DISMISSING CASE. (York, Steve) |
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| 36 | 36
10
pgs
order
Order on Motion for Summary Judgment Order on Motion for Miscellaneous Relief
Mon 01/06 4:53 PM
Judge Myong J. Joun: MEMORANDUM OF DECISION entered re18 Motion for Summary Judgment;25 Motion Defendants' Opposed Special Dismissal Motion and Opposition to Lis Pendens Motion. Defendants' Motion for Summary Judgment [Doc No. 18 ] is GRANTED as to all claims. Because Summary Judgment is granted, Defendants' Opposed Special Dismissal Motion [Doc. No. 25 ] is DENIED as moot. (York, Steve) |
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| Monday, August 12, 2024 | ||
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respm
Reply to Response to Motion
Mon 08/12 5:24 PM
REPLY to Response to32 MOTION for Leave to File A Reply filed by Newrez LLC, U.S. Bank Trust National Association. (Dungan, Robert) |
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| 34 | 34
order
Order on Motion for Leave to File Document
Mon 08/12 3:50 PM
Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 32 Motion for Leave to File a Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (York, Steve) |
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pgs
respm
Memorandum in Support of Motion
Mon 08/12 3:23 PM
MEMORANDUM in Support re32 MOTION for Leave to File A Reply filed by Newrez LLC, U.S. Bank Trust National Association. (Dungan, Robert) |
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| 32 | 32
motion
Leave to File Document
Mon 08/12 3:19 PM
MOTION for Leave to File A Reply by Newrez LLC, U.S. Bank Trust National Association.(Dungan, Robert) |
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Att: 1
Exhibit A
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| Monday, July 29, 2024 | ||
| 31 | 31
respm
Affidavit in Opposition to Motion
Mon 07/29 10:31 AM
AFFIDAVIT of Steven C. Fustolo (Exhibit D, Verified Complaint)) in Opposition re18 MOTION for Summary Judgment filed by Steven C. Fustolo. (Culik, Joe) |
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| 30 | 30
respm
Statement of Material Facts L.R. 56.1
Mon 07/29 10:28 AM
Statement of Material Facts L.R. 56.1 re18 MOTION for Summary Judgment filed by Steven C. Fustolo. (Culik, Joe) |
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| 29 | 29
20
pgs
respm
Memorandum in Opposition to Motion
Mon 07/29 10:26 AM
MEMORANDUM in Opposition re18 MOTION for Summary Judgment filed by Steven C. Fustolo. (Culik, Joe) |
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| Tuesday, July 23, 2024 | ||
| 28 | 28
1
pgs
order
Order on Motion for Lis Pendens
Tue 07/23 9:49 AM
Judge Myong J. Joun: ORDER entered re21 Emergency Motion for Lis Pendens. Plaintiff has filed an Emergency Motion for Lis Pendens, [Doc. No. 21 ], under M.G.L. ch. 184, § 15. That statute authorizes "a memorandum or recording of lis pendens... if a case's subject matter concerns a claim of title to real property." Sakab Saudi Holding Co. v. Aljabri, 58 F.4th 585, 604 (1st Cir. 2023) (cleaned up). The court presiding over such a pending action shall endorse a notice of lis pendens. M.G.L. ch. 184, § 15(b). Based on Plaintiff's Verified Complaint, [Doc. No. 1 -2], I find that this pending action affects the title to the property located at 115 Salem Street, Unit 11, Boston, Massachusetts, and recorded in the Suffolk Registry of Deeds in Book 42920, Page 260. Accordingly, I GRANT Plaintiff's Emergency Motion and ENDORSE Plaintiff's Memorandum of Lis Pendens. Defendants' Special Dismissal Motion, [Doc. No. 25 ], will be addressed in conjunction with the pending Motion for Summary Judgement, [Doc. No. 18 ], filed by Defendants. SO ORDERED . (York, Steve) |
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| Wednesday, July 17, 2024 | ||
| 27 | 27
respm
Opposition to Motion
Wed 07/17 7:06 PM
Opposition re25 MOTION Defendants' Opposed Special Dismissal Motion and Opposition to Lis Pendens Motion filed by Steven C. Fustolo. (Culik, Joe) |
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| Monday, July 15, 2024 | ||
| 26 | 26
7
pgs
respm
Memorandum in Support of Motion
Mon 07/15 12:25 PM
MEMORANDUM in Support re25 MOTION Defendants' Opposed Special Dismissal Motion and Opposition to Lis Pendens Motion filed by Newrez LLC, U.S. Bank Trust National Association. (Dungan, Robert) |
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| 25 | 25
motion
Miscellaneous Relief
Mon 07/15 12:10 PM
MOTION Defendants' Opposed Special Dismissal Motion and Opposition to Lis Pendens Motion by Newrez LLC, U.S. Bank Trust National Association.(Dungan, Robert) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit A-1,
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Att: 3
Exhibit B
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| Thursday, July 11, 2024 | ||
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order
Order
Thu 07/11 9:32 AM
Judge Myong J. Joun: ELECTRONIC ORDER entered. Defendants' response to [Doc. No.21 ] is due by 7/18/2024. (York, Steve) |
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| Wednesday, July 10, 2024 | ||
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misc
Declaration
Wed 07/10 3:28 PM
DECLARATION re21 Emergency MOTION for Lis Pendens by Steven C. Fustolo.(Culik, Joe) |
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Att: 1
Exhibit 1 (Foreclosure Notice),
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Att: 2
Exhibit 2 (Fourth Assignment),
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Att: 3
Exhibit 3 (LPOA),
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Att: 4
Exhibit 4 (DE Sec. of State Records),
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Att: 5
Exhibit 5 (Proposed Memorandum of Lis Pendens)
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5
pgs
respm
Memorandum in Support of Motion
Wed 07/10 3:18 PM
MEMORANDUM in Support re21 Emergency MOTION for Lis Pendens filed by Steven C. Fustolo. (Culik, Joe) |
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| 21 | 21
motion
Lis Pendens
Wed 07/10 3:17 PM
Emergency MOTION for Lis Pendens by Steven C. Fustolo.(Culik, Joe) |
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| Friday, June 28, 2024 | ||
| 20 | 20
11
pgs
respm
Memorandum in Support of Motion
Fri 06/28 3:38 PM
MEMORANDUM in Support re18 MOTION for Summary Judgment filed by Newrez LLC, U.S. Bank Trust National Association. (Dungan, Robert) |
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| 19 | 19
respm
Statement of Material Facts L.R. 56.1
Fri 06/28 3:31 PM
Statement of Material Facts L.R. 56.1 re18 MOTION for Summary Judgment filed by Newrez LLC, U.S. Bank Trust National Association.(Dungan, Robert) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit A-1,
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Att: 3
Exhibit A-2,
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Att: 4
Exhibit A-3,
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Att: 5
Exhibit A-4,
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Att: 6
Exhibit B,
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Att: 7
Exhibit C
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motion
Summary Judgment
Fri 06/28 3:01 PM
MOTION for Summary Judgment by Newrez LLC, U.S. Bank Trust National Association.(Dungan, Robert) |
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| Tuesday, June 18, 2024 | ||
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minutes
Status Conference
Tue 06/18 3:04 PM
Electronic Clerk's Notes for proceedings held before Judge Myong J. Joun: Status Conference held on 6/18/2024. This hearing was held remotely by videoconference. The Court noted that discovery has been completed. Defendants will file summary judgement motions. Plaintiff's opposition to summary judgement motions are due 30 days thereafter. (Court Reporter: Jamie Halpin at jkhhalpin@gmail.com.)(Attorneys present: Culik for the plaintiff; Dungan defendants;) (York, Steve) |
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| Thursday, June 13, 2024 | ||
| 16 | 16
misc
Status Report
Thu 06/13 2:35 PM
STATUS REPORT by Newrez LLC, U.S. Bank Trust National Association. (Dungan, Robert) |
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| Tuesday, October 17, 2023 | ||
| 15 | 15
misc
Status Report
Tue 10/17 1:22 PM
STATUS REPORT Regarding Magistrate Judge Consent by Newrez LLC, U.S. Bank Trust National Association. (Dungan, Robert) |
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| Monday, October 02, 2023 | ||
| 14 | 14
order
Scheduling Order
Mon 10/02 4:00 PM
Judge Myong J. Joun: ORDER entered. Adopting the parties' proposal at [Doc. No.10 ] with the following modifications. Please see attached order. In the case of any cross-motions for summary judgment, the deadlines and page limits for the filings other than the Plaintiff's initial motion are set forth in the Session's Standing Order Regarding Motion Practice in Section D(2). Counsel should familiarize themselves with this and other standing orders for the Session. The parties shall file a status report by October 6, 2023, indicating whether all parties consent to reassignment of the case to a magistrate for all purposes. If all parties consent, the parties should also jointly file a completed "Consent/Refusal of Magistrate Judge Jurisdiction" form available at [LINK:www.mad.uscourts.gov/resources/pdf/forms/ConsentOrRefusal.pdf] SCHEDULING ORDER DEADLINES: Initial disclosures due by 10/10/23. Motions seeking leave to amend due by 12/11/23. Fact discovery to be completed by 6/14/24. Expert discovery to be completed by 8/10/24. Dispositive motions due by 9/10/24. Oppositions to dispositive motions due 21 days thereafter. NOTICE OF HEARINGS: A status conference is set for 6/18/2024 at 2:45 p.m. remotely by video before Judge Myong J. Joun. A status report is due by 6/14/2024. Trial is set to begin on 2/10/2025 at 9:00 a.m. in Courtroom 20 (In person only) before Judge Myong J. Joun. (York, Steve) |
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| Tuesday, September 26, 2023 | ||
| 13 | 13
discov
Certification pursuant to Rule 16.1
Tue 09/26 1:22 PM
CERTIFICATION pursuant to Local Rule 16.1 by Newrez LLC, U.S. Bank Trust National Association.(Dungan, Robert) |
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| Friday, September 22, 2023 | ||
| 12 | 12
discov
Certification pursuant to Rule 16.1
Fri 09/22 11:11 AM
CERTIFICATION pursuant to Local Rule 16.1 . (Culik, Joe) |
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| Thursday, September 21, 2023 | ||
| 11 | 11
notice
Notice Cancelling Hearing
Thu 09/21 12:52 PM
ELECTRONIC NOTICE Canceling Hearing. The Initial Scheduling Conference previously set for 9/26/2023 at 3:15 p.m. before Judge Myong J. Joun is now canceled . (York, Steve) |
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| Tuesday, September 19, 2023 | ||
| 10 | 10
misc
Joint statement re scheduling conference
Tue 09/19 7:33 AM
JOINT STATEMENT re scheduling conference . (Culik, Joe) |
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| Tuesday, September 12, 2023 | ||
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misc
State Court Record - no answer filed in state court
Tue 09/12 5:28 PM
STATE COURT Record. (Dungan, Robert) |
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| Thursday, August 31, 2023 | ||
| 8 | 8
4
pgs
order
Order
Thu 08/31 10:46 PM
Judge Myong J. Joun: ORDER entered. STANDING ORDER REGARDING MOTION PRACTICE. (York, Steve) |
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| 7 | 7
notice
Notice of Scheduling Conference
Thu 08/31 10:42 PM
ELECTRONIC NOTICE of Scheduling Conference. The Initial Scheduling Conference is set for 9/26/2023 at 3:15 p.m. remotely by video before Judge Myong J. Joun This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: [LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact media@mad.uscourts.gov . (York, Steve) |
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| Monday, August 28, 2023 | ||
| 6 | 6
notice
Certified Copy of Notice of Removal Provided to Defense Counsel
Mon 08/28 4:06 PM
Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Kelly, Danielle) |
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notice
Notice of Case Assignment
Mon 08/28 4:02 PM
ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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 Paul G. Levenson. (Cook, Savannah) |
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| 4 | 4
respoth
Answer to Complaint - after filing of Notice of Removal
Mon 08/28 2:38 PM
Defendant Trustee's ANSWER to Complaint (Notice of Removal) by U.S. Bank Trust National Association. (Dungan, Robert) |
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| 3 | 3
respoth
Answer to Complaint - after filing of Notice of Removal
Mon 08/28 2:37 PM
Defendant Shellpoint's ANSWER to Complaint (Notice of Removal) by Newrez LLC. (Dungan, Robert) |
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| 2 | 2
misc
Corporate Disclosure Statement
Mon 08/28 2:35 PM
CORPORATE DISCLOSURE STATEMENT by Newrez LLC d/b/a Shellpoint Mortgage Servicing, U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust. (Dungan, Robert) |
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notice
Notice of Removal
Mon 08/28 2:18 PM
NOTICE OF REMOVAL by Newrez LLC d/b/a Shellpoint Mortgage Servicing, U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust ( Filing fee: $ 402, receipt number AMADC-10011273 Fee Status: Filing Fee paid)(Dungan, Robert) |
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Att: 1
Exhibit List,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Civil Cover Sheet,
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Att: 6
Category Form
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