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Jones v. Dolan Connly, P.C.

United States District Court, D. Massachusetts

December 16, 2019

PAUL JONES, Plaintiff,
v.
DOLAN CONNLY, P.C.; JAMES W. DOLAN; BARBARA D. CONNLY; KATHLEEN M. ALLEN; DAVID A. MARSOCCI; BANK OF NEW YORK MELLON; GREGORY A. CONNLY; ORLANS, P.C.; LINDA ORLANS; ALISON ORLANS; JANE DOE; JOHN DOE; and SELECT PORTFOLIO SERVICING, INC., Defendants.

          MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS UNDER 12(B)(6) AND FOR FAILURE TO STATE A CLAIM

          F. Dennis Saylor IV United States District Judge.

         This 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 CMR 7.00.

         Defendants 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 three motions.

         For 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. § 1367(c).

         I. Background

         Unless otherwise noted, the following facts are drawn from the amended complaint and accompanying exhibits.

         A. Parties

         Paul Jones is a resident of Stoughton, Massachusetts. He was the homeowner and mortgagor in the underlying foreclosure and eviction matters.

         Dolan 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.

         Bank of 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.

         Select Portfolio Servicing, Inc. (“SPS”) is a Utah corporation with a principal place of business in Utah. It was the servicer of the mortgage.

         Orlans 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.

         B. Factual Background

         In 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. ΒΆ 63). It appears that he occupied the property ...


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