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17-10168 - Saade v. Security Connection Inc. et al


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17-10168 - Saade v. Security Connection Inc. et al
October 12, 2017
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERFor the foregoing reasons,- defendant Ocwens motion to dismiss (Docket No. 25) is, with respect to Counts III and V, DENIED but is otherwise ALLOWED;- defendant Security Connection Inc.s motion to dismiss (Docket No. 46) is,with respect to Count III, DENIED but is otherwise ALLOWED;- defendant Orlans Moran PLLCs motion to dismiss (Docket No. 20) is ALLOWED;- defendant Ocwens motion to continue and defer (Docket No. 69) is DENIED as moot;- plaintiffs motions to vacate the Courts order allowing the motion to dismiss (Docket No. 60), for partial summary judgment (Docket No. 64), and for partial summary judgment as to Counts II, III, and IV (Docket No. 66) are all DENIED; and- plaintiffs request for notice of default as to HSBC (Docket No. 55) is DENIED. Plaintiff has until Monday, November 6, 2017, to complete service of process upon HSBC Bank, USA, National Association.As a result of the Courts rulings, the plaintiffs amended complaint survives as follows:1) Count I is DISMISSED as time barred;2) Count II is DISMISSED with respect to the FDCPA claim as time barred and, with respect to the Code of Massachusetts Regulations claims, for failure to state a claim upon which relief can be granted;3) Count III is DISMISSED as to defendant Orlans Moran for failure to state a claim upon which relief can be granted but may proceed with respect to defendant Ocwen;4) Count IV is DISMISSED as time barred;5) Count V may proceed as alleged;Plaintiff has until Monday, November 6, 2017, a) to complete service of process upon defendant HSBC Bank, USA, National Association with respect to Count VI, and b) to file a second amended complaint so long as it is in compliance with Federal Rule of Civil Procedure 8(a)(2). So ordered.(Caruso, Stephanie)
October 12, 2017
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. AMENDED MEMORANDUM AND ORDER For the foregoing reasons,- defendant Ocwens motion to dismiss (Docket No. 25) is, with respect to Counts III and V, DENIED but is otherwise ALLOWED;- defendant Security Connection Inc.s motion to dismiss (Docket No. 46) is ALLOWED;- defendant Orlans Moran PLLCs motion to dismiss (Docket No. 20) is ALLOWED;- defendant Ocwens motion to continue and defer (Docket No. 69) is DENIED as moot;- plaintiffs motions to vacate the Courts order allowing the motion to dismiss (Docket No. 60), for partial summary judgment (Docket No. 64), and for partial summary judgment as to Counts II, III, and IV (Docket No. 66) are all DENIED; and- plaintiffs request for notice of default as to HSBC (Docket No. 55) is DENIED. Plaintiff has until Monday, November 6, 2017, to complete service of process upon HSBC Bank, USA, National Association.As a result of the Courts rulings, the plaintiffs amended complaint survives as follows:1) Count I is DISMISSED as time barred;2) Count II is DISMISSED with respect to the FDCPA claim as time barred and, with respect to the Code of Massachusetts Regulations claims, for failure to state a claim upon which relief can be granted;3) Count III is DISMISSED as to defendant Orlans Moran for failure to state a claim upon which relief can be granted but may proceed with respect to defendant Ocwen;4) Count IV is DISMISSED as time barred;5) Count V may proceed as alleged;Plaintiff has until Monday, November 6, 2017, a) to complete service of process upon defendant HSBC Bank, USA, National Association with respect to Count VI, and b) to file a second amended complaint so long as it is in compliance with Federal Rule of Civil Procedure 8(a)(2).So ordered.(Caruso, Stephanie) (Entered: 10/13/2017)(Caruso, Stephanie)
January 30, 2018
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered denying 95 Motion for Reconsideration is DENIED; granting 96 Motion to set case for alternative dispute resolution is ALLOWED. So Ordered (Franklin, Yvonne)