Name: Shepard et al v. Howarth et al :: Massachusetts District Court :: Federal Civil Lawsuit No. 1:14-cv-10301
Creator: Massachusetts District Court
Published: 2014-02-10
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Massachusetts District Court

Save 25% on a pre-paid one year subscription.

47	Filed: 12/29/2014, Entered: 12/29/2014	Settlement Order of Dismissal

	Request

46	Filed: 12/23/2014, Entered: 12/23/2014	Notice of Settlement

	Request

45	Filed: 12/22/2014, Entered: 12/22/2014	Motion to Strike

	Request

44	Filed: 12/22/2014, Entered: 12/22/2014	~Notice (other)

	Request

43	Filed: 12/19/2014, Entered: 12/19/2014	~Notice (other)

	Request

42	Filed: 8/12/2014, Entered: 8/12/2014	Remark

	Request

41	Filed: 7/31/2014, Entered: 7/31/2014	Order

	Request

40	Filed: 7/28/2014, Entered: 7/28/2014	Certification pursuant to Local Rule 16.1
	CERTIFICATION pursuant to Local Rule 16.1 (Defendant's Pre-Trial Schedule) by Fredrick J. Hanna.(Schneiderman, Andrew) (Entered: 07/28/2014)


39	Filed: 7/28/2014, Entered: 7/28/2014	Notice of Appearance
	NOTICE of Appearance by Ranen S. Schechner on behalf of Fredrick J. Hanna (Schechner, Ranen) (Entered: 07/28/2014)


38	Filed: 7/18/2014, Entered: None
	NOTICE OF PENDING COMPLAINT filed by CFPB Against Fredrick J. Hanna P.C. by Paul Jones, Lindsey Shepard (Attachments: # 1 CFPB Complaint)(Lindsay, Maurice) (Entered: 07/18/2014)
	Request

37	Filed: 7/17/2014, Entered: None
	Proposed Document(s) submitted by Paul Jones, Lindsey Shepard. Document received: Proposed Pretrial Schedule. (Lindsay, Maurice) (Entered: 07/18/2014)
	Request

36	Filed: 7/14/2014, Entered: None
	Judge Richard G. Stearns: ELECTRONIC ORDER entered. Each party is ORDERED TO FILE, on or before 7/28/14, a STATEMENT containing a proposed pretrial schedule.(Seelye, Terri)cm to plaintiffs on 7/14/14 (Entered: 07/14/2014)
	Request

35	Filed: 7/11/2014, Entered: None
	ANSWER to 28 Amended Complaint, (Defendant's Answer to Plaintiffs' Second Amended Complaint) by Fredrick J. Hanna.(Schneiderman, Andrew) (Entered: 07/11/2014)


34	Filed: 7/3/2014, Entered: 7/3/2014	Copy Mailed
	Copy re 31 Order on Motion for Default Judgment,,,,, 32 Order on Motion for Default Judgment,, 33 Order on Motion to Dismiss, mailed to the plaintiffs on 7/3/14. (Flaherty, Elaine) (Entered: 07/03/2014)
	Request

33	Filed: 7/3/2014, Entered: 7/3/2014	Order on Motion to Dismiss
	Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 11 Motion to Dismiss. For present purposes, plaintiffs in their Second Amended Complaint and attached exhibits adequately plead claims against Fredrick Hanna & Associates under the Telephone Consumer Protection Act and Mass. Gen. Laws ch. 93A. A Chapter 93A demand letter was send to the defendant on April 1, 2013. The statute of limitations under chapter 93A, Massachusetts's consumer protection statute, is four years. Mass. Gen. Laws ch. 260, Â§ 5A. The TCPA does not contain an express statute of limitations, however several courts have concluded that the Supreme Court's recent decision in Mims v. Arrow Fin. Servs., LLC, U.S., 132 S.Ct. 740, 181 L.Ed.2d 881 (2012), provides substantial support to the application of Â§ 1658. E.g., Giovanniello v. ALM Media, LLC, 726 F.3d 106, 115 (2d Cir.2013); Bridging Cmtys., Inc. v. Top Flite Fin., Inc., No. 0914971, 2013 WL 185397, at 4 (E.D.Mich. Jan.17, 2013) (collecting additional cases); Bailey v. Domino's Pizza, LLC, 867 F.Supp.2d 835, 838 (E.D.La.2012). These cases are persuasive, but nonetheless, plaintiffs allege that some of these phone calls took place in February of 2012. See Sec. Amended Compl. paragraphs. 144-145. Hanna's motion to dismiss the Massachusetts Fair Debt Collection claims is ALLOWED as it provides no private right of action. See O'Connor v. Nantucket Bank, 2014 WL 198347, at 6 (D. Mass. Jan. 16, 2014). (Zierk, Marsha) Modified on 7/7/2014 (Flaherty, Elaine). (Entered: 07/03/2014)
	Request

32	Filed: 7/3/2014, Entered: 7/3/2014	Order on Motion for Default Judgment
	Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 25 Motion for Default Judgment against Douglas Howarth and Anthony Scanzani.. This car was purchased at defendant City Line Auto Sales in Greenville, New Hampshire on February 12, 2008. Shortly thereafter, plaintiffs returned the car to City Auto as it allegedly was not in the condition represented by the seller. According to the Complaint, plaintiffs' purchase price of $14,000 was not ultimately refunded. Plaintiffs served defendants with a Chapter 93A demand letter on August 25, 2008. However, they failed to commence this action alleging breach of contract, Mass. Gen. Laws ch. 93A, and various torts, until February 10, 2014. Under New Hampshire law, the statute of limitations for both personal tort and contract actions is three years. N.H.Rev.Stat. Ann. Â§ 508:4(I) (2010); Coyle v. Battles, 147 N.H. 98, 782 A.2d 902, 905 (2001) (three-year period applies to contract claims). The statute of limitations for tort actions in Massachusetts is three years. Mass. Gen. Laws ch. 260, Â§ 2A. The statute of limitations under chapter 93A, Massachusetts consumer protection statute, is four years. Id. Â§ 5A. Even if the Complaint contained adequate factual allegation enabling the court to disregard the corporate form to hold Howarth and Scanzani individually liable, see Birbara v. Locke, 99 F.3d 1233, 1238 (1st Cir. 1996) (noting that Massachusetts is especially strict in respecting the corporate form), plaintiffs claims against Howarth and Scanzani have long expired and must be dismissed. (Zierk, Marsha) (Entered: 07/03/2014)
	Request

31	Filed: 7/3/2014, Entered: 7/3/2014	Order on Motion for Default Judgment
	Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 19 Motion for Default Judgment. This car was purchased at defendant City Line Auto Sales in Greenville, New Hampshire on February 12, 2008. Shortly thereafter, plaintiffs returned the car to City Auto as it allegedly was not in the condition represented by the seller. According to the Complaint, plaintiffs' purchase price of $14,000 was not ultimately refunded. Plaintiffs served defendants with a Chapter 93A demand letter on August 25, 2008. However, they failed to commence this action alleging breach of contract, Mass. Gen. Laws ch. 93A, and various torts, until February 10, 2014. Under New Hampshire law, the statute of limitations for both personal tort and contract actions is three years. N.H.Rev.Stat. Ann. Â§ 508:4(I) (2010); Coyle v. Battles, 147 N.H. 98, 782 A.2d 902, 905 (2001) (three-year period applies to contract claims). The statute of limitations for tort actions in Massachusetts is three years. Mass. Gen. Laws ch. 260, Â§ 2A. The statute of limitations under chapter 93A, Massachusetts consumer protection statute, is four years. Id. Â§ 5A. Accordingly, plaintiffs claims against City Line Auto Sales have long expired and must be dismissed. (Zierk, Marsha) (Entered: 07/03/2014)
	Request

30	Filed: 6/26/2014, Entered: 6/26/2014	Order on Motion for Default Judgment
	Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 17 Motion for Default Judgment; granting 18 Motion to Strike (Flaherty, Elaine) (Entered: 06/26/2014)
	Request

29	Filed: 6/20/2014, Entered: 6/20/2014	Order on Motion for Extension of Time to File Response-Reply
	Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 23 Motion for Extension of Time to File Response/Reply the Opposition having been filed on June 12, 2014. (Zierk, Marsha) (Entered: 06/20/2014)
	Request

28	Filed: 6/12/2014, Entered: 6/12/2014	Amended Complaint
	Second AMENDED COMPLAINT against City Line Auto Sales, Anthony Scanzani, Fredrick J. Hanna, Douglas K. Howarth, filed by Paul Jones, Lindsey Shepard.(Lindsay, Maurice) (Additional attachment(s) added on 6/13/2014: # 1 Exhibits 1-6) (Lindsay, Maurice). (Additional attachment(s) added on 6/13/2014: # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibits 9-12) (Lindsay, Maurice). (Entered: 06/12/2014)


27	Filed: 6/12/2014, Entered: 6/12/2014	Memorandum in Opposition to Motion
	MEMORANDUM of Law in Opposition to Dft's 11 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Paul Jones, Lindsey Shepard. (Lindsay, Maurice) (Entered: 06/12/2014)


26	Filed: 6/6/2014, Entered: 6/9/2014	Affidavit
	AFFIDAVIT of Lindsay Shepard by Lindsey Shepard. (Lindsay, Maurice) (Entered: 06/09/2014)
	Request

25	Filed: 6/6/2014, Entered: 6/6/2014	Motion for Default Judgment
	MOTION for Default Judgment as to Douglas K. Howarth and Anthany Scanzani by Paul Jones, Lindsey Shepard.(Lindsay, Maurice) (Additional attachment(s) added on 6/6/2014: # 1 Motion for Entry of Default Judgment, # 2 Exhibits) (Lindsay, Maurice). (Attachment 2 replaced on 6/6/2014) (Pelegano, Theresa). Exhibits replaced to redact a document. (Entered: 06/06/2014)
	Request

24	Filed: 6/2/2014, Entered: 6/2/2014	Request for notice of default
	Request for notice of default by Paul Jones, Lindsey Shepard. (Lindsay, Maurice) (Entered: 06/02/2014)
	Request

23	Filed: 5/28/2014, Entered: 5/29/2014	Motion for Extension of Time to File Response/Reply
	MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Plaintiffs' Amended Complaint by Paul Jones, Lindsey Shepard.(Lindsay, Maurice) (Entered: 05/29/2014)


22	Filed: 5/19/2014, Entered: 5/21/2014	Affidavit in Support of Motion
	AFFIDAVIT in Support re 19 MOTION for Default Judgment as to City Line Auto Sales filed by Paul Jones, Lindsey Shepard. (Lindsay, Maurice) (Entered: 05/21/2014)
	Request

21	Filed: 5/19/2014, Entered: 5/21/2014	Summons Returned Executed
	SUMMONS Returned Executed Douglas K. Howarth served on 5/12/2014, answer due 6/2/2014. (Lindsay, Maurice) (Entered: 05/21/2014)


20	Filed: 5/19/2014, Entered: 5/21/2014	Summons Returned Executed
	SUMMONS Returned Executed Anthony Scanzani served on 5/12/2014, answer due 6/2/2014. (Lindsay, Maurice) (Entered: 05/21/2014)


19	Filed: 5/15/2014, Entered: 5/16/2014	Motion for Default Judgment
	MOTION for Default Judgment as to City Line Auto Sales by Paul Jones, Lindsey Shepard. (Attachments: # 1 Exhibits, # 2 Proposed Judgment) (Lindsay, Maurice) (Entered: 05/16/2014)
	Request

18	Filed: 5/15/2014, Entered: 5/16/2014	Motion to Strike
	MOTION to Strike 17 MOTION for Default Judgment as to City Line Auto Sales by Paul Jones, Lindsey Shepard.(Lindsay, Maurice) (Entered: 05/16/2014)
	Request

17	Filed: 5/14/2014, Entered: 5/15/2014	Motion for Default Judgment
	MOTION for Default Judgment as to City Line Auto Sales by Paul Jones.(Lindsay, Maurice) (Entered: 05/15/2014)


16	Filed: 5/14/2014, Entered: 5/14/2014	Copy Mailed
	Copy re 15 Standing Order re motions for default judgment, 14 Notice: Clerk's Entry of Default mailed to plaintiffs and defendant City Line Auto Sales on 5/14/14. (Flaherty, Elaine) (Entered: 05/14/2014)
	Request

15	Filed: 5/14/2014, Entered: 5/14/2014	Standing Order re motions for default judgment
	Judge Richard G. Stearns: ORDER entered. STANDING ORDER on motions for default judgment re 14 Notice: Clerk's Entry of Default (Flaherty, Elaine) (Entered: 05/14/2014)


14	Filed: 5/14/2014, Entered: 5/14/2014	Notice: Clerk's Entry of Default
	NOTICE: Clerk's ENTRY OF DEFAULT as to City Line Auto Sales (Flaherty, Elaine) (Entered: 05/14/2014)


13	Filed: 5/13/2014, Entered: 5/13/2014	Request for notice of default
	Request for notice of default by Paul Jones, Lindsey Shepard. (Lindsay, Maurice) (Entered: 05/13/2014)
	Request

12	Filed: 5/12/2014, Entered: 5/12/2014	Memorandum in Support of Motion
	MEMORANDUM in Support re 11 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Fredrick J. Hanna. (Attachments: # 1 Exhibit A)(Schneiderman, Andrew) (Entered: 05/12/2014)
	Request

11	Filed: 5/12/2014, Entered: 5/12/2014	Motion to Dismiss
	MOTION to Dismiss Plaintiffs' Amended Complaint by Fredrick J. Hanna.(Schneiderman, Andrew) (Entered: 05/12/2014)


10	Filed: 5/8/2014, Entered: 5/8/2014	Summons Issued
	Summons Issued as to Douglas K. Howarth. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Flaherty, Elaine) (Entered: 05/08/2014)


9	Filed: 4/22/2014, Entered: 4/23/2014	Summons Returned Executed
	SUMMONS Returned Executed Fredrick J. Hanna served on 4/19/2014, answer due 5/12/2014. (Lindsay, Maurice) (Entered: 04/23/2014)
	Request

8	Filed: 4/22/2014, Entered: 4/23/2014	Summons Returned Executed
	SUMMONS Returned Executed City Line Auto Sales served on 4/17/2014, answer due 5/8/2014. (Lindsay, Maurice) (Entered: 04/23/2014)


7	Filed: 4/7/2014, Entered: 4/8/2014	Amended Complaint
	First AMENDED COMPLAINT against City Line Auto Sales, Anthony Scanzani, Douglas K. Howarth , filed by Paul Jones, Lindsey Shepard. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Lindsay, Maurice) Modified to correct party name on 5/20/2014 (Seelye, Terri). (Entered: 04/08/2014)
	Request

6	Filed: 2/11/2014, Entered: None
	Filing fee/payment: $400.00, receipt number 1BST042003 for 1 Complaint (MacDonald, Gail) (Entered: 02/11/2014)
	Request

5	Filed: 2/10/2014, Entered: 2/10/2014	Summons Issued

	Request

4	Filed: 2/10/2014, Entered: 2/10/2014	General Order 09-1

	Request

3	Filed: 2/10/2014, Entered: 2/10/2014	Summons Issued

	Request

2	Filed: 2/10/2014, Entered: 2/10/2014	Notice of Case Assignment

	Request

1	Filed: 2/10/2014, Entered: 2/10/2014	Complaint
	Attachment 1 Verification and Certification Attachment 2 Category and Cover
	Request

AI text generation	None
AI document summarization	None
AI-augmented search	None
AI-generated images	None
AI chat or Q&A interface	Linkable via MCP
Third party AI contribution in government documents	Possible