Deutsche Bank v. Panaro-Grady, et al

Filing 32

MEMORANDUM AND ORDER finding as moot 28 First MOTION Dismiss Entry of Default of Mortgage Debt re: 10 Clerk's Entry of Default. So Ordered by Magistrate Judge Patricia A. Sullivan on 9/17/2018. (Saucier, Martha)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS INDENTURE TRUSTEE
FOR AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2005-2,
Plaintiff,

:
:
:
:
:
:
v.
:
:
MARY-ANN PANARO GRADY,
:
JPMORGAN CHASE BANK, NA,
:
TOWN OF CUMBERLAND, and ASSET :
ACCEPTANCE LLC,
:
Defendants.
:

C.A. No. 18-213WES

MEMORANDUM AND ORDER
PATRICIA A. SULLIVAN, United States Magistrate Judge.
On July 9, 2018, the Court granted the motion of Defendant Mary-Anne Panaro Grady to
set aside the Clerk’s default entered against her and ordered her to answer or otherwise respond
to the complaint by September 9, 2018. She made a filing on September 9, which could be
interpreted as an answer in that it asserts that the complaint should be dismissed and appears to
assert the Fair Credit Reporting Act as a potential defense to the complaint. However, in the
same filing, she also moved for an Order that the already-vacated default be set aside. Since, she
has made two more filings asking for the same relief. Because the default was set aside on July
9, 2018, the Court cannot grant this relief.
The Court denies as moot Ms. Panaro Grady’s motion to dismiss entry of default or to set
aside her default. ECF No. 28. Otherwise, the Court does not interpret the September 9, 2018,
filing to be making any other motion on which the Court can act at this time. To clarify the
status of the case, the Court will conduct a status conference that will be separately noticed.

Between now and the status conference, Defendant Panaro Grady is ordered to stop filing
motions to vacate or set aside the already-vacated Clerk’s default against her.
So ordered.

/s/ Patricia A. Sullivan
PATRICIA A. SULLIVAN
United States Magistrate Judge
September 17, 2018

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