United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO
DISMISS UNDER 12(B)(6) AND FOR FAILURE TO STATE A
Dennis Saylor IV United States District Judge.
action arises out of a mortgage foreclosure. Plaintiff Paul
Jones, proceeding pro se, has brought this action
against defendants Dolan Connly, P.C.; Orlans, P.C.; Bank of
New York Mellon; Select Portfolio Servicing, Inc.; and
various attorneys and employees of those firms, alleging
unfair and deceptive debt collection practices. The amended
complaint asserts five claims, alleging violations of (1) the
Fair Debt Collection Practices Act, 15 U.S.C. § 1692;
(2) Mass. Gen. Laws ch. 244, § 15A; (3) Mass. Gen. Laws
ch. 93A; (4) Mass. Gen. Laws ch. 244, §§ 35B and
35C; and (5) Massachusetts debt-collection regulations, 940
have filed three separate motions to dismiss the complaint
for failure to state a claim upon which relief can be
granted. Jones has filed an opposition to only one of the
reasons set out below, the motions will be granted as to
Count 1, which is the only federal claim. The Court will
decline to exercise supplemental jurisdiction over the
remaining state law claims, and the case will therefore be
dismissed without prejudice pursuant to 28 U.S.C. §
otherwise noted, the following facts are drawn from the
amended complaint and accompanying exhibits.
Jones is a resident of Stoughton, Massachusetts. He was the
homeowner and mortgagor in the underlying foreclosure and
Connly, P.C. is a law firm, organized as a professional
corporation, located in Boston, Massachusetts. James Dolan,
Barbara Connly, Kathleen Allen, David Marsocci, and Gregory
Connly are attorneys at Dolan Connly.
New York Mellon (“BNY”) is a Delaware corporation
with a principal place of business in New York. It was the
trustee and foreclosing mortgagee of the mortgage at issue.
Portfolio Servicing, Inc. (“SPS”) is a Utah
corporation with a principal place of business in Utah. It
was the servicer of the mortgage.
P.C. is a law firm, organized as a professional corporation,
located in Troy, Michigan. Linda Orlans and Alison Orlans are
residents of Michigan and attorneys at Orlans P.C.
2004, Paul Jones executed a mortgage on property at 572 Park
Street in Stoughton, Massachusetts. (Amend. Compl. ¶
62). In 2005, Jones defaulted on the loan. (Id.
¶ 63). It appears that he occupied the property ...