Broderick v. PNC Financial Services Group, et al

Filing

OPINION issued by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and William J. Kayatta , Jr., Appellate Judge. Per Curiam. Unpublished. [13-1158]

Case: 13-1158

Document: 00116692181

Page: 1

Date Filed: 05/23/2014

Entry ID: 5825838

Not for Publication in West's Federal Reporter

United States Court of Appeals
For the First Circuit

No. 13-1158
JENNIFER W. BRODERICK,
Plaintiff, Appellant,
v.
PNC FINANCIAL SERVICES GROUP, INC., d/b/a PNC MORTGAGE,
d/b/a PNC MORTGAGE CORPORATION, d/b/a PNC BANK,
d/b/a PNC BANCORP, d/b/a PNC FINANCIAL SERVICES, d/b/a PNC,
Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Joseph L. Tauro, U.S. District Judge]

Before
Lynch, Chief Judge,
Torruella and Kayatta, Circuit Judges.

Valeriano Diviacchi and Diviacchi Law Office, on brief for
appellant.
Matthew M. O'Leary, Patrick T. Voke and LeClairRyan, A
Professional Corporation, on brief for appellee.

May 23, 2014

Case: 13-1158

Document: 00116692181

Per Curiam.

Page: 2

Date Filed: 05/23/2014

Entry ID: 5825838

Plaintiff-Appellant Jennifer W. Broderick

("Broderick") alleged a Massachusetts state-law claim for unfair
and deceptive trade practices in connection with the origination of
a "no income verification" home mortgage loan.

She now appeals

from the district court's dismissal of her amended complaint as
time-barred under the relevant statute of limitations.
Having thoroughly reviewed the record and Broderick's
brief on appeal, we affirm the dismissal of her amended complaint
substantially for the reasons stated by the district court. We add
that, in view of the final judgment in Broderick's previous civil
action, Broderick v. PNC Mortgage Corp., No. 1:11-cv-10047-WGY (D.
Mass.), her claim is likely barred under the doctrine of claim
preclusion.

See, e.g., Silva v. City of New Bedford, 660 F.3d 76,

78-81 (1st Cir. 2011).
AFFIRMED.

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