The Complaint in this action was filed on January 10, 2020. The Plaintiff's Assented to Motion to Continue hearing was filed and allowed on February 21, 2020. A Joint Statement for Case Management Conference was filed on March 23, 2020. Wells Fargo's Motion to Dismiss Counterclaim under Rule 12(b)(6) and Brief in Support of Wells Fargo's Motion to Dismiss Counterclaim was filed on June 2, 2020. The Answer and Counterclaim of Jason Dangelo, Donald M. Dangelo, and Mary Ellen Dangelo was filed on June 3, 2020. The case management conference was held on June 3, 2020. The Motion to Dismiss hearing was held via video conference on July 10, 2020. Wells Fargo's Motion to Dismiss Counterclaim was allowed in part and denied in part. Defendants' counterclaim was to be treated as an affirmative defense per Mass. R. Civ. P. 8(c). The Plaintiff's Supplemental Memorandum of Law as to this Court's Subject Matter Jurisdiction was filed on July 27, 2020. A status report was filed on August 10, 2020.
In a Memorandum and Order of even date, the court (Foster, J.) has dismissed the Complaint.
In accordance with the court's Memorandum and Order issued today, it is ORDERED and ADJUDGED that the Complaint is DISMISSED without prejudice.
WELLS FARGO USA HOLDINGS, INC., SUCCESSOR BY MERGER TO WELLS FARGO FINANCIAL MASSACHUSETTS, INC., Plaintiff v. DONALD M. DANGELO; MARY ELLEN DANGELO; AND JASON DANGELO, Defendants AND MASSACHUSETTS ELECTRIC COMPANY, Defendant/Party-in-Interest