Natasha Athens v. Bank of America — Defendants' Response to the Docketing of Service of Process (Document 62)

Summary

A response by defendants Bank of America, N.A. and Megan Scholz to the docketing of service of process by the U.S. Marshals Service in Natasha Athens d/b/a Favorite Things v. Bank of America, Civil Action No. 1:21-cv-00748-SM, in the U.S. District Court for the District of New Hampshire, filed December 16, 2021 as Document 62. It recounts that the complaint was filed September 3, 2021, that the defendants were served in North Carolina, and that they moved to dismiss on November 9, 2021. The response states that a further copy of the complaint served on defense counsel requires no new response because the motion to dismiss is pending and supplemental briefs are allowed by December 24, 2021. The 3-page filing is signed by Thomas J. Pappas of Primmer Piper Eggleston & Cramer PC.

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               Case 1:21-cv-00748-SM Document 62 Filed 12/16/21 Page 1 of 3




                                UNITED STATES DISTRICT COURT
                                 DISTRICT OF NEW HAMPSHIRE

                                                        )
    NATASHA ATHENS d/b/a Favorite Things,               )
                                                        )
            Plaintiff,                                  )
                                                        )
    v.                                                  )   Civil Action No. 1:21-cv-00748-SM
                                                        )
    BANK OF AMERICA and MEGAN SCHOLZ,                   )
                                                        )
            Defendants.                                 )
                                                        )

                       DEFENDANTS BANK OF AMERICA, N.A. AND
                   MEGAN SCHOLZ’S RESPONSE TO THE DOCKETING OF
                  SERVICE OF PROCESS BY THE U.S. MARSHALS SERVICE

          NOW COME defendants Bank of America, N.A.1 and Megan Scholz (“Defendants”), by

and through their attorneys, Primmer Piper Eggleston & Cramer PC, and hereby respectfully

respond to the December 15, 2021 notice of docketing the Service of Process by the U.S. Marshals

Service (Doc. #61) as follows:

          1.       Plaintiff filed the Complaint on September 3, 2021 (Doc. #1).

          2.       On October 19, 2021, Defendants filed a Motion for Acceptance of Service (Doc.

#21) because the U.S. Marshals Service had been unable to serve Defendants in North Carolina.

          3.       On October 27, 2021, the Court granted Defendants’ Motion for Acceptance of

Service.

          4.       Also on October 27, 2021, the U.S. Marshals Service filed its returns of service of

the Complaint on Defendants, who were served in North Carolina (Doc. #27). Said service on

Defendants made service of the Complaint on Defendant’s counsel moot.




1
     Incorrectly named in Plaintiff’s Complaint as “Bank of America.”

                                                    1
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             Case 1:21-cv-00748-SM Document 62 Filed 12/16/21 Page 2 of 3




        5.      On November 9, 2021, Defendants filed a motion to dismiss the Complaint (Doc.

#33).

        6.      Also on November 9, 2021, the U.S. Marshals Service in New Hampshire served

another copy of the Complaint on the undersigned counsel.

        7.      On December 3, 2021, the U.S. Marshals Service in New Hampshire filed its return

of service on the undersigned counsel (Doc. #61).

        8.      On December 15, 2021, the Court entered on the docket the return of service by the

U.S. Marshals Service on the undersigned counsel (Doc. #61).

        9.      The Defendants’ motion to dismiss is pending with the Court. The Court has

allowed the parties to file supplemental briefs by December 24, 2021.

        10.     There is no need for Defendants to again respond to the additional copy of the

Complaint that was served on the undersigned counsel since Defendants have filed a motion to

dismiss the Complaint.

                                     Respectfully submitted,

                                     BANK OF AMERICA, N.A. and MEGAN SCHOLZ

                                     By their attorneys,

                                     PRIMMER PIPER EGGLESTON & CRAMER PC

 Dated: December 16, 2021 By:         /s/Thomas J. Pappas
                                     Thomas J. Pappas, Esq., N.H. Bar No. 4111
                                     P.O. Box 3600
                                     Manchester, NH 03105-3600
                                     (603) 626-3300
                                     tpappas@primmer.com




                                                2
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            Case 1:21-cv-00748-SM Document 62 Filed 12/16/21 Page 3 of 3




                             CERTIFICATE OF SERVICE
       I hereby certify that a copy of the foregoing DEFENDANTS BANK OF AMERICA, N.A.
AND MEGAN SCHOLZ’S RESPONSE TO THE DOCKETING OF SERVICE OF PROCESS
BY THE U.S. MARSHALS SERVICE has this day been forwarded via the Court’s Electronic
Case Filing System to:

Natasha Athens
Natasha4NHGov@protonmail.com

Dated: December 16, 2021    By: /s/Thomas J. Pappas
                                Thomas J. Pappas, Esq., (N.H. Bar No. 4111)




                                            3
5108358.2


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