IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

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MAGERICK, LLC, CASE NO.:

Plaintiff, NOTICE OF REMOVAL OF

v. ACTION UNDER 28 U.S.C.
§ 1441(b)
(FEDERAL QUESTION)
LOUIS A. PICCONE, et al.

Defendants.

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NOTICE OF REMOVAL
TO THE CLERK OF THE ABOVE-ENTITLED COURT:
Attention: Robert M. Farrell Deborah Patterson
Clerk Clerk of Courts, Land Court
United States District Court 3 Pemberton Square
For The District of Massachusetts 5th floor
1 Courthouse Way Boston, MA 02108

Boston, MA 02210

PLEASE TAKE NOTICE that Defendant Louis A. Piccone hereby removes to

this Court the state court action described below.

1. On or about, October 27, 2023, an action was commenced by Plaintiff

Magerick, LLC, in the Land Court of Massachusetts, 3 Pemberton Square, 5th
Floor, Boston, MA 02108, entitled “MAGERICK LLC, v. LOUIS PICCONE and
ELENA PICCONE, Case No.: 23 SM 004025. Apparently, the legal filings were to
begin a foreclosure action against the Defendants’ single family dwelling and
property located at 519 Kirchner Road, Dalton, MA 01226.
2. Defendants were never served with any court documents and found out
about this litigation for the first time on August 28, 2024, when Defendant received

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a copy of a package dated August 13, 2024 mailed to his Canadian home, by the
foreclosing law firm of Brock and Scott, PLLC. The package mentioned a
foreclosure action with the subject property to be allegedly auctioned off on
September 19, 2024. Pursuant to 28 U.S.C. § 1446(b), a copy of this package
(defectively) served upon Defendant, including state court pleadings are attached
hereto and referred collectively as “Exhibit 1”. Upon query of Plaintiffs’ attorney,
Defendant was apparently sent a complete copy of the Land Court’s file which is
attached as “Exhibit 2”.

1. FEDERAL QUESTION JURISDICTION

3. This action is a civil action of which this Court has original jurisdiction
under 28 U.S.C. § 1331, and is one which may be removed to this Court pursuant
to the provisions of FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. §
1692) in that the underlying action is an illegal attempt to collect on an underlying
promissory note and mortgage in Massachusetts. For example, all applicable
statutes of limitations to collect on the mortgage and/or note have expired, the
Plaintiff has lied to the Court in certifying that Plaintiff Magerick, LLC has
standing to foreclose as the holder of the original mortgage and/or note, as required
under Massachusetts law. In fact, the original note is non-existent, and a substitute
note was fraudulently issued by U.S. Bank Trust N.A. through additional false
certifications including that “[t]he existence and terms of the Original Note have
not at any time been contested” at a time when there was active litigation in the
federal courts in which Defendant Louis Piccone contested the existence and terms
of the Original Note (See, for example, the Complaint filed in matter styled LOUIS
A. PICCONE v. CARRINGTON MORTGAGE SERVICES, LLC,
WILMINGTON SAVINGS FUND SOCIETY, FSB, et al., Docket No. 3:20-cv-
11124-MGM in the USDC DMA, of which this Court may take judicial notice).

2. DIVERSITY JURISDICTION UNDER 28 U.S.C. § 1332(a)

4. This Court has jurisdiction over this matter under 28 U.S.C. § 1332(a),
because there is complete diversity of citizenship between Plaintiff and Defendants
and more than $75,000.00 exclusive of interest and costs, is at stake.

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5. Plaintiff, is, on information and belief a limited liability company based in
Seatle, Washington.

6. Defendants both reside outside of the United States.

7. The amount in controversy exceeds the stated amount of the debt in the
Original Note of $340,000.00

8. Jurisdiction is also appropriate under diversity of jurisdiction of the parties

under 28 U.S.C. § 1332.

3. ALL PROCEDURAL REQUIREMENTS FOR REMOVAL HAVE

BEEN SATISFIED

9. Pursuant to 28 U.S.C. § 1446(a), a true and correct copy of all the process,
pleadings, orders and documents from the State Court Action which have been
served upon Defendant Louis Piccone, are being filed with this Notice of Removal.
Defendant Louis Piccone will file true and legible copies of all other documents on
file in the State Court Action, as well as any appropriate certification, within 30
days of the filing of this Notice of Removal.

10. This Notice of Removal has been filed within 30 days of the date that
Defendant Louis Piccone was notified of the existence of this matter. Removal is
therefore timely in accordance with 28 U.S.C. § 1446(b).

11. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1441(a) and 1446(c)
because the U.S. District Court for the District of Massachusetts is the federal
judicial district embracing the Massachusetts Land Court where the State Court
Action was originally filed.

12. All other Defendants who have been properly joined and served with the
State Court matter are joined in in or consent to the removal of the action.

4. CONCLUSION

13. By this Notice of Removal, Defendant Louis Piccone does not waive any
objections he may have as to service, jurisdiction or venue, or any other defenses

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or objections it may have to this action. Defendant Louis Piccone intends no
admission of facts, law or liability by this Notice, and expressly reserves all
defenses, motions and/or pleas.

WHEREFORE, Defendant Louis A. Piccone prays that this action be removed to

the United States District Court for the District of Massachusetts

Electronically signed,
/S/Louis A. Piccone
Dated: September 8, 2024 _____________________
Louis A. Piccone
593 McGill St.
Hawkesbury, ON K6A-1R1
CANADA
(613) 632-4798
[email protected]

DECLARATION UNDER 28 U.S.C. § 1746

I, Louis A. Piccone, declare under penalty of perjury under the laws of the United
States of America that all foregoing statements in this document are true and
correct to the best of my knowledge and belief as of the date of my signature
thereon.
Electronically signed,
/S/Louis A. Piccone
_______________________
Louis A. Piccone

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 CERTIFICATE OF SERVICE

I, Louis A. Piccone, certify that the attached Notice of Removal was served on
each of the following parties via prepaid USPS First Class mail, email and/or
overnight courier on September 9, 2024:

Robert M. Farrell Deborah Patterson

Clerk Clerk of Court
United States District Court Massachusetts Land Court
For The District of Massachusetts 3 Pemberton Square
1 Courthouse Way 5th floor
Boston, MA 02210 Boston, MA 02108

Heather McRoberts, Esq.

Jeffrey E. Noonan ([email protected])
Neil Heiger ([email protected])
Brock and Scott, PLLC
270 Farmington Avenue
Farmington CT 06032

Electronically signed,
/S/ Louis A. Piccone
_____________________
Louis A. Piccone