| Court: | nyed |
| Docket #: | 2:12-cv-01523 |
| Case Name: | Neely v. RMS Residential Mortgage Solution, LLC et al |
| PACER case #: | 328766 |
| Date filed: | 2012-03-28 |
| Date of last filing: | 2014-05-02 |
| Assigned to: | Judge Joanna Seybert |
| Referred to: | Magistrate Judge A. Kathleen Tomlinson |
| Case Cause: | 28:1332 Diversity-Account Receivable |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Ozell Neely Plaintiff 3498 Bertha Drive Baldwin, NY 11510 |
Kenneth S. Pelsinger William John Fallon |
| RMS Residential Mortgage Solution, LLC Defendant |
Kenneth J. Flickinger |
| David Sklar Defendant TERMINATED: 02/26/2013 |
Kenneth J. Flickinger |
| Duy Duong Defendant TERMINATED: 02/26/2013 |
Kenneth J. Flickinger |
| Wei Li Defendant In their Personal and Professional capacity TERMINATED: 02/26/2013 |
Kenneth J. Flickinger |
| Bethany Hood Defendant TERMINATED: 02/26/2013 |
Kelly Koscuiszka |
| FIS Foreclosure Solutions Defendant TERMINATED: 02/26/2013 |
Kelly Koscuiszka |
| Residential Mortgage Solution, LLC Defendant |
Kenneth J. Flickinger |
| Bank of Scotland, PLC Defendant TERMINATED: 02/26/2013 |
Kenneth J. Flickinger |
| Lloyds Banking Group Defendant TERMINATED: 02/26/2013 |
Kenneth J. Flickinger |
| Mortgage Electronic Registration System, Inc. Defendant TERMINATED: 02/26/2013 |
Kenneth J. Flickinger |
| Specialized Loan Servicing, LLC Defendant TERMINATED: 02/26/2013 |
Kenneth J. Flickinger |
| First American Equity Loan Services Defendant TERMINATED: 02/26/2013 |
Richard Francis Hans Timothy H. Birnbaum Barbara L. Seniawski Jodie E. Buchman |
| First American Financial Corporation Defendant TERMINATED: 02/26/2013 |
Richard Francis Hans Timothy H. Birnbaum Barbara L. Seniawski Jodie E. Buchman |
| First American Title Defendant TERMINATED: 02/26/2013 |
Richard Francis Hans Timothy H. Birnbaum Barbara L. Seniawski Jodie E. Buchman |
| 1-10 John and Jane Doe Defendant said names being fictitious it is the intentions of the plaintiff to designate any as yet unknown representatives of defendant's that were involved in the transaction of issue TERMINATED: 02/26/2013 |
|
| LPS Default Solutions Defendant TERMINATED: 02/26/2013 formerly known asFIS Foreclosure Solutions TERMINATED: 02/26/2013 |
Kelly Koscuiszka |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-03-28 | 1 | 0 | Complaint | COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Ozell Neely. (Attachments: # 1 Civil Cover Sheet) (Padilla, Kristin) (Entered: 03/29/2012) | ||
| 2012-03-28 | 2 | 0 | Notice of Related Case | Notice of Related Case 12cv1523(JS)(AKT) related to 11cv1659(JS) (Padilla, Kristin) (Entered: 03/29/2012) | ||
| 2012-04-04 | 3 | 0 | Letter | Letter from C. Vukovich to Pro Se Litigant dated 4/4/12 Re: To acknowledge receipt of Plaintiff's Civil Complaint. (Valle, Christine) (Entered: 04/04/2012) | ||
| 2012-04-13 | 4 | 0 | Motion for Extension of Time to File Answer | MOTION for Extension of Time to File Answer re 1 Complaint by Bank of Scotland, PLC, Duy Duong, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, Residential Mortgage Solution, LLC, David Sklar, Specialized Loan Servicing, LLC. (Flickinger, Kenneth) (Entered: 04/13/2012) | ||
| 2012-04-16 | 5 | 0 | Order on Motion for Extension of Time to Answer | ORDER granting 4 Motion for Extension of Time to Answer Bank of Scotland, PLC answer due 6/1/2012; Duy Duong answer due 6/1/2012; Wei Li answer due 6/1/2012; Lloyds Banking Group answer due 6/1/2012; Mortgage Electronic Registration System, Inc. answer due 6/1/2012; RMS Residential Mortgage Solution, LLC answer due 6/1/2012; David Sklar answer due 6/1/2012; Specialized Loan Servicing, LLC answer due 6/1/2012. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/16/2012. (Sofio, Lisa) (Entered: 04/16/2012) | ||
| 2012-04-23 | 6 | 0 | Notice of Appearance | NOTICE of Appearance by Richard Francis Hans on behalf of First American Equity Loan Services, First American Financial Corporation, First American Title (aty to be noticed) (Attachments: # 1 Certificate of Service) (Hans, Richard) (Entered: 04/23/2012) | ||
| 2012-04-23 | 7 | 0 | Corporate Disclosure Statement | Corporate Disclosure Statement by First American Equity Loan Services, First American Financial Corporation, First American Title identifying Corporate Parent First American Financial Corporation for First American Equity Loan Services, First American Financial Corporation, First American Title. (Hans, Richard) (Entered: 04/23/2012) | ||
| 2012-04-23 | 8 | 0 | Motion to Dismiss | Notice of MOTION to Dismiss Complaint by First American Equity Loan Services, First American Financial Corporation, First American Title. (Attachments: # 1 Certificate of Service) (Hans, Richard) (Entered: 04/23/2012) | ||
| 2012-04-23 | 9 | 0 | Affidavit in Support of Motion | AFFIDAVIT/DECLARATION in Support re 8 Notice of MOTION to Dismiss Complaint filed by First American Equity Loan Services, First American Financial Corporation, First American Title. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service) (Hans, Richard) (Entered: 04/23/2012) | ||
| 2012-04-23 | 10 | 0 | Memorandum in Support | MEMORANDUM in Support re 8 Notice of MOTION to Dismiss Complaint filed by First American Equity Loan Services, First American Financial Corporation, First American Title. (Attachments: # 1 Certificate of Service) (Hans, Richard) (Entered: 04/23/2012) | ||
| 2012-04-23 | 11 | 0 | Notice(Other) | NOTICE by First American Equity Loan Services, First American Financial Corporation, First American Title to Pro Se Litigant Who Opposes a Rule 12 Motion re 8 Notice of Motion to Dismiss Complaint (Attachments: # 1 Certificate of Service) (Hans, Richard) (Entered: 04/23/2012) | ||
| 2012-04-24 | 12 | 0 | Scheduling Order | SCHEDULING ORDER: Initial Conference set for 6/21/2012 before Magistrate Judge A. Kathleen Tomlinson. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/24/2012. (Sofio, Lisa) (Entered: 04/24/2012) | ||
| 2012-04-26 | 13 | 0 | Certificate of Service | CERTIFICATE OF SERVICE by First American Equity Loan Services, First American Financial Corporation, First American Title re 12 Scheduling Order (Hans, Richard) (Entered: 04/26/2012) | ||
| 2012-04-26 | 14 | 0 | Notice of Appearance | NOTICE of Appearance by Kelly Koscuiszka on behalf of FIS Foreclosure Solutions, Bethany Hood, LPS Default Solutions f/k/a FIS Foreclosure Solutions (aty to be noticed) (Koscuiszka, Kelly) (Entered: 04/26/2012) | ||
| 2012-04-26 | 15 | 0 | Corporate Disclosure Statement | Corporate Disclosure Statement by LPS Default Solutions f/k/a FIS Foreclosure Solutions (Attachments: # 1 Certificate of Service) (Koscuiszka, Kelly) (Entered: 04/26/2012) | ||
| 2012-04-26 | 16 | 0 | Motion to Dismiss/Lack of Jurisdiction | MOTION to Dismiss for Lack of Jurisdiction and failure to state cause of action by Bethany Hood, LPS Default Solutions f/k/a FIS Foreclosure Solutions. (Attachments: # 1 Certificate of Service) (Koscuiszka, Kelly) (Entered: 04/26/2012) | ||
| 2012-04-26 | 17 | 0 | Affidavit in Support of Motion | AFFIDAVIT/DECLARATION in Support re 16 MOTION to Dismiss for Lack of Jurisdiction and failure to state cause of action filed by Bethany Hood, LPS Default Solutions f/k/a FIS Foreclosure Solutions. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Koscuiszka, Kelly) (Entered: 04/26/2012) | ||
| 2012-04-26 | 18 | 0 | Memorandum in Support | MEMORANDUM in Support re 16 MOTION to Dismiss for Lack of Jurisdiction and failure to state cause of action filed by Bethany Hood, LPS Default Solutions f/k/a FIS Foreclosure Solutions. (Koscuiszka, Kelly) (Entered: 04/26/2012) | ||
| 2012-04-26 | 19 | 0 | Notice(Other) | NOTICE by Bethany Hood, LPS Default Solutions f/k/a FIS Foreclosure Solutions to Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings (Attachments: # 1 Exhibit Full Text of Rule 56, # 2 Certificate of Service) (Koscuiszka, Kelly) (Entered: 04/26/2012) | ||
| 2012-04-29 | 20 | 0 | Letter | Letter to pro se plaintiff with copy of order granting enlargement of time by Bank of Scotland, PLC, Duy Duong, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, Residential Mortgage Solution, LLC, David Sklar, Specialized Loan Servicing, LLC (Attachments: # 1 Certificate of Service) (Flickinger, Kenneth) (Entered: 04/29/2012) | ||
| 2012-05-23 | 21 | 0 | Motion to Dismiss/Lack of Jurisdiction | Notice of MOTION to Dismiss for Lack of Jurisdiction by Bank of Scotland, PLC, Duy Duong, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, David Sklar, Specialized Loan Servicing, LLC. Responses due by 6/13/2012 (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Flickinger, Kenneth) (Entered: 05/23/2012) | ||
| 2012-05-23 | 22 | 0 | Memorandum in Support | MEMORANDUM in Support of Defendants' Motion to Dismiss for lack of jurisdiction and failure to state a claim filed by Bank of Scotland, PLC, Duy Duong, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, David Sklar, Specialized Loan Servicing, LLC. (Attachments: # 1 Notice to Pro Se Litigant, # 2 Certificate of Service) (Flickinger, Kenneth) (Entered: 05/23/2012) | ||
| 2012-06-20 | 23 | 0 | Letter | Letter to Judge Tomlinson re: request for stay of discovery by FIS Foreclosure Solutions (Koscuiszka, Kelly) (Entered: 06/20/2012) | ||
| 2012-06-25 | 24 | 0 | Initial Conference Hearing | Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Initial Conference Hearing held on 6/21/2012. The next conference will be held by telephone on August 2, 2012. SEE ATTACHED ORDER. (Sofio, Lisa) (Entered: 06/25/2012) | ||
| 2012-06-26 | 25 | 0 | Notice of Appearance | NOTICE of Appearance by Kenneth S. Pelsinger on behalf of Ozell Neely (aty to be noticed) (Pelsinger, Kenneth) (Entered: 06/26/2012) | ||
| 2012-07-11 | 27 | 0 | Notice of Appearance | NOTICE of Appearance by Barbara L. Seniawski on behalf of First American Equity Loan Services, First American Financial Corporation, First American Title (aty to be noticed) (Seniawski, Barbara) (Entered: 07/11/2012) | ||
| 2012-07-11 | 28 | 0 | Letter | Letter on behalf of counsel for all defendants requesting that the Amended Complaint be removed from the docket by First American Equity Loan Services, First American Financial Corporation, First American Title (Attachments: # 1 Exhibit A) (Seniawski, Barbara) (Entered: 07/11/2012) | ||
| 2012-07-11 | 29 | 0 | Motion for Leave to Appear Pro Hac Vice | Notice of MOTION for Leave to Appear Pro Hac Vice (Jodie E. Buchman) Filing fee $ 25, receipt number 0207-5601691. by First American Equity Loan Services, First American Financial Corporation, First American Title. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order) (Seniawski, Barbara) (Entered: 07/11/2012) | ||
| 2012-07-19 | 30 | 0 | Telephone Conference | Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 7/17/2012. The Status Conference previously scheduled for August 2, 2012 is now cancelled in light of today's conference. SEE ATTACHED ORDER. (Sofio, Lisa) (Entered: 07/19/2012) | ||
| 2012-07-23 | 31 | 0 | Notice of Appearance | NOTICE of Appearance by William John Fallon on behalf of Ozell Neely (aty to be noticed) (Fallon, William) (Entered: 07/23/2012) | ||
| 2012-07-23 | 32 | 0 | Letter | Letter report on bankruptcy status by Ozell Neely (Pelsinger, Kenneth) (Entered: 07/23/2012) | ||
| 2012-07-30 | 33 | 0 | Notice(Other) | NOTICE by Bethany Hood, LPS Default Solutions First Rule 26(a)(1) Disclosures (Koscuiszka, Kelly) (Entered: 07/30/2012) | ||
| 2012-07-30 | 34 | 0 | Notice(Other) | NOTICE by First American Equity Loan Services, First American Financial Corporation, First American Title of Statement of Initial Discovery Disclosures (Hans, Richard) (Entered: 07/30/2012) | ||
| 2012-08-06 | 35 | 0 | Motion to Amend/Correct/Supplement | MOTION to Amend/Correct/Supplement Complaint by Ozell Neely. (Attachments: # 1 Affidavit, # 2 Exhibit Pro Se Complaint, # 3 Exhibit Amended Complaint, # 4 Memorandum in Support) (Pelsinger, Kenneth) (Entered: 08/06/2012) | ||
| 2012-08-24 | 36 | 0 | Motion for Extension of Time to File Response/Reply | Letter MOTION for Extension of Time to File Response/Reply to Opposition to Motion to Amend the Complaint by Bank of Scotland, PLC, Duy Duong, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, David Sklar, Specialized Loan Servicing, LLC. (Flickinger, Kenneth) (Entered: 08/24/2012) | ||
| 2012-08-27 | 37 | 0 | Order on Motion for Extension of Time to File Response/Reply | ORDER GRANTING 36 Motion for Extension of Time to File Response/Reply. Opposition to the pending motion to amend is due on or before September 4, 2012. The reply, if any, is now due on or before September 12, 2012. So Ordered by U.S. District Judge Seybert. (Curley, John) (Entered: 08/27/2012) | ||
| 2012-08-28 | 38 | 0 | Memorandum in Opposition | MEMORANDUM in Opposition re 35 MOTION to Amend/Correct/Supplement Complaint filed by First American Equity Loan Services, First American Financial Corporation, First American Title. (Hans, Richard) (Entered: 08/28/2012) | ||
| 2012-08-28 | 39 | 0 | Affidavit in Opposition to Motion | AFFIDAVIT/DECLARATION in Opposition re 35 MOTION to Amend/Correct/Supplement Complaint filed by First American Equity Loan Services, First American Financial Corporation, First American Title. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Hans, Richard) (Entered: 08/28/2012) | ||
| 2012-08-28 | 40 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 35 MOTION to Amend/Correct/Supplement Complaint filed by Bethany Hood, LPS Default Solutions. (Attachments: # 1 Declaration, # 2 Exhibit Ex A -Foreclosure Judgment, # 3 Exhibit Ex B - Assignment, # 4 Exhibit Ex C - Bankruptcy Docket, # 5 Exhibit Ex D - Bankruptcy Schedules, # 6 Exhibit Ex E -Motion to Vacate, # 7 Exhibit Ex F - Adversary Complaint, # 8 Exhibit Ex G - Conditional Order, # 9 Exhibit Ex H - Order Vacating Stay, # 10 Exhibit Ex I - Notice of Abadonment, # 11 Exhibit Ex J - Emergency Stay Motion, # 12 Exhibit Ex K - Order Denying Stay, # 13 Exhibit Ex L - Final Decree) (Koscuiszka, Kelly) (Entered: 08/28/2012) | ||
| 2012-09-04 | 41 | 0 | Memorandum in Opposition | MEMORANDUM in Opposition re 35 MOTION to Amend/Correct/Supplement Complaint filed by Bank of Scotland, PLC, Duy Duong, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, Residential Mortgage Solution, LLC, David Sklar, Specialized Loan Servicing, LLC. (Flickinger, Kenneth) (Entered: 09/04/2012) | ||
| 2012-09-04 | 42 | 0 | Affidavit in Opposition to Motion | AFFIDAVIT/DECLARATION in Opposition re 35 MOTION to Amend/Correct/Supplement Complaint filed by Bank of Scotland, PLC, Duy Duong, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, Residential Mortgage Solution, LLC, David Sklar, Specialized Loan Servicing, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service) (Flickinger, Kenneth) (Entered: 09/04/2012) | ||
| 2012-09-11 | 43 | 0 | Reply in Support | REPLY in Support re 35 MOTION to Amend/Correct/Supplement Complaint filed by Ozell Neely. (Attachments: # 1 Exhibit) (Pelsinger, Kenneth) (Entered: 09/11/2012) | ||
| 2012-09-11 | 44 | 0 | Memorandum in Support | MEMORANDUM in Support re 35 MOTION to Amend/Correct/Supplement Complaint Reply Memorandum filed by Ozell Neely. (Pelsinger, Kenneth) (Entered: 09/11/2012) | ||
| 2012-10-16 | 45 | 0 | Notice of Appearance | NOTICE of Appearance by Timothy H. Birnbaum on behalf of First American Equity Loan Services, First American Financial Corporation, First American Title (aty to be noticed) (Birnbaum, Timothy) (Entered: 10/16/2012) | ||
| 2012-10-19 | 46 | 0 | Notice of Appearance | NOTICE of Appearance by Jodie E. Buchman on behalf of First American Equity Loan Services, First American Financial Corporation, First American Title (aty to be noticed) (Buchman, Jodie) (Entered: 10/19/2012) | ||
| 2012-10-22 | 47 | 0 | Notice(Other) | NOTICE by First American Equity Loan Services, First American Financial Corporation, First American Title (Attachments: # 1 Affidavit in Support) (Birnbaum, Timothy) (Entered: 10/22/2012) | ||
| 2012-10-23 | 48 | 0 | Order | ORDER re 47 Notice(Other) filed by First American Financial Corporation, First American Title, First American Equity Loan Services. SO ORDERED that the Clerk of the Court is respectfully directed to terminate Barbara L. Seniawski as counsel of record for defts. Attorney Barbara L. Seniawski terminated. Ordered by Judge Joanna Seybert on 10/23/2012. (Florio, Lisa) (Entered: 10/25/2012) | ||
| 2013-02-26 | 49 | 0 | Order on Motion to Amend/Correct/Supplement | MEMORANDUM AND ORDER granting in part and denying in part 8 Motion to Dismiss; granting in part and denying in part 16 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 21 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 35 Motion to Amend/Correct/Supplement. Defendants' motions to dismiss the Original Complaint are GRANTED IN PART and DENIED IN PART. They are GRANTED with respect to Claims #2 (negligence against RMS, MERS, Hood, and FIS), Claim #3 (breach of fiduciary duty against MERS, Hood, and FIS), and Claim #7 (fraud). They are DENIED with respect to Claim #1 (unjust enrichment against RMS) and Claim #4 (conversion against the RMS Defendants). Plaintiff has withdrawn Claims #5 and #6 for interstate transportation of stolen goods and conspiracy, respectively. Furthermore, Plaintiff's motion to amend the Complaint is GRANTED as to his claims for conversion and unjust enrichment against RMS, but otherwise DENIED. Accordingly, the PAC now replaces the Original Complaint and Plaintiff's claims for conversion and unjust enrichment against RMS survive. The Clerk of the Court is directed to docket the PAC (Docket Entry 35-3) as a separate docket entry titled "Amended Complaint" and to terminate all Defendants except for RMS Residential Mortgage Solution, LLC and Residential Mortgage Solution, LLC. Party Duy Duong, FIS Foreclosure Solutions, First American Equity Loan Services, First American Financial Corporation, First American Title, Bethany Hood, LPS Default Solutions, Wei Li (In their Personal and Professional capacity), Lloyds Banking Group, Mortgage Electronic Registration System, Inc., David Sklar, Specialized Loan Servicing, LLC, 1-10 John and Jane Doe (said names being fictitious it is the intentions of the plaintiff to designate any as yet unknown representatives of defendant's that were involved in the transaction of issue) and Bank of Scotland, PLC terminated. So Ordered by Judge Joanna Seybert on 2/26/13. C/ECF (Valle, Christine) (Entered: 02/27/2013) | ||
| 2013-02-26 | 50 | 0 | Amended Complaint | AMENDED COMPLAINT (See 49 Memorandum & Order of Judge Joanna Seybert) against RMS Residential Mortgage Solution, LLC, Residential Mortgage Solution, LLC, filed by Ozell Neely. (Valle, Christine) (Entered: 02/27/2013) | ||
| 2013-03-05 | 51 | 0 | Motion to Strike | Letter MOTION to Strike by First American Equity Loan Services. (Birnbaum, Timothy) (Entered: 03/05/2013) | ||
| 2013-03-27 | 52 | 0 | Letter | Letter by Bethany Hood, LPS Default Solutions (Koscuiszka, Kelly) (Entered: 03/27/2013) | ||
| 2013-03-27 | 53 | 0 | Motion to Adjourn Conference | First MOTION to Adjourn Conference by Bank of Scotland, PLC, Duy Duong, Wei Li, Lloyds Banking Group, Mortgage Electronic Registration System, Inc., RMS Residential Mortgage Solution, LLC, David Sklar, Specialized Loan Servicing, LLC. (Attachments: # 1 Certificate of Service) (Flickinger, Kenneth) (Entered: 03/27/2013) | ||
| 2013-04-10 | 54 | 0 | Status Conference | Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 4/8/2013. SEE ATTACHED ORDER. (Sofio, Lisa) (Entered: 04/10/2013) | ||
| 2013-04-10 | 55 | 0 | Scheduling Order | INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: First request for production of documentsand first request for interrogatories due by: May 13, 2013; Responses to first request for production of documents and first request for interrogatories due by: June 24, 2013; Deadline for joinder of additional parties and amendment of pleadings: July 8, 2013; Discovery Status Conference: August 29, 2013. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/10/2013. (Sofio, Lisa) (Entered: 04/10/2013) | ||
| 2013-04-17 | 56 | 0 | Answer to Amended Complaint | ANSWER to 50 Amended Complaint by Duy Duong, Wei Li, RMS Residential Mortgage Solution, LLC, David Sklar. (Attachments: # 1 Certificate of Service) (Flickinger, Kenneth) (Entered: 04/17/2013) | ||
| 2013-05-13 | 57 | 0 | Motion for Protective Order | Proposed MOTION for Protective Order by Duy Duong, Wei Li, RMS Residential Mortgage Solution, LLC, David Sklar. (Flickinger, Kenneth) (Entered: 05/13/2013) | ||
| 2013-06-24 | 58 | 0 | Motion for Extension of Time to Complete Discovery | First MOTION for Extension of Time to Complete Discovery by Ozell Neely. (Pelsinger, Kenneth) (Entered: 06/24/2013) | ||
| 2013-07-19 | 59 | 0 | Motion for Extension of Time to Complete Discovery | MOTION for Extension of Time to Complete Discovery by Ozell Neely. (Pelsinger, Kenneth) (Entered: 07/19/2013) | ||
| 2013-07-31 | 60 | 0 | Letter | Letter explaining delay for request by Ozell Neely (Attachments: # 1 Exhibit, # 2 Exhibit) (Pelsinger, Kenneth) (Entered: 07/31/2013) | ||
| 2013-08-01 | 61 | 0 | Letter | Letter in Response by Duy Duong, Wei Li, RMS Residential Mortgage Solution, LLC, David Sklar (Flickinger, Kenneth) (Entered: 08/01/2013) | ||
| 2013-08-16 | 62 | 0 | Motion to Compel | First MOTION to Compel Compliance with Subpoena by Ozell Neely. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Memorandum in Support, # 5 Certificate of Service) (Pelsinger, Kenneth) (Entered: 08/16/2013) | ||
| 2013-08-23 | 63 | 0 | Letter | Letter in Response by Duy Duong, Wei Li, RMS Residential Mortgage Solution, LLC, David Sklar (Flickinger, Kenneth) (Entered: 08/23/2013) | ||
| 2013-10-11 | 64 | 0 | Transcript | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/29/2013, before Magistrate Judge A. Kathleen Tomlinson. Transcriber AAA Electronic Sound Reporters, Telephone number 888-866-5135. Email address: electronicsound@court-transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2013. Redacted Transcript Deadline set for 11/11/2013. Release of Transcript Restriction set for 1/9/2014. (Cox, Dwayne) (Entered: 10/11/2013) | ||
| 2013-10-31 | 65 | 0 | Order on Motion to Compel | Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: denying 62 Motion to Compel; Status Conference held on 08/29/2013. The Pre-Trial Conference is now scheduled for June 24, 2014 at 2:30 p.m. The Court notes that this order was inadvertently not posted earlier. SEE ATTACHED ORDER. (Rizvi, Asad) (Entered: 10/31/2013) | ||
| 2013-11-22 | 66 | 0 | Motion for Extension of Time to Complete Discovery | First MOTION for Extension of Time to Complete Discovery by Duy Duong, Wei Li, RMS Residential Mortgage Solution, LLC, David Sklar. (Flickinger, Kenneth) (Entered: 11/22/2013) | ||
| 2014-01-02 | 67 | 0 | Status Conference | Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 1/2/2014. The deadlines set forth in the Court's August 29, 2013 Civil Conference Minute Order [DE 65] for completion of the remaining pre-trial tasks remain in effect. SEE ATTACHED ORDER. (Rizvi, Asad) (Entered: 01/02/2014) | ||
| 2014-05-02 | 68 | 0 | Motion for Pre Motion Conference | Letter MOTION for pre motion conference by Duy Duong, Wei Li, Residential Mortgage Solution, LLC, David Sklar. (Flickinger, Kenneth) (Entered: 05/02/2014) | ||
| 2014-05-20 | 69 | 0 | RULE 56.1 STATEMENT re 68 Letter MOTION for pre motion conference [Defendants' and Plaintiff's Rule 56.1 Statements] filed by Duy Duong, Wei Li, Residential Mortgage Solution, LLC, David Sklar. (Attachments: # 1 Rule 56.1 Statement) (Flickinger, Kenneth) (Entered: 05/20/2014) | |||
| 2014-05-23 | 70 | 0 | Letter opposition by Ozell Neely (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Pelsinger, Kenneth) (Entered: 05/23/2014) | |||
| 2014-06-05 | 71 | 0 | ORDER granting 68 Motion for Pre-Motion Conference. Ordered by Judge Joanna Seybert on 6/5/2014. (Baran, Charles) (Entered: 06/05/2014) | |||
| 2014-06-25 | 72 | 0 | Proposed Pretrial Order Joint Pretrial Order by Ozell Neely (Pelsinger, Kenneth) (Entered: 06/25/2014) | |||
| 2014-06-26 | 73 | 0 | Minute Entry for proceedings held before Judge Joanna Seybert: Pre-Motion Conference held on 6/26/2014. Motion to be filed by 7/28/2014; Response by 8/28/2014; Reply by 9/11/2014. (Baran, Charles) (Entered: 06/26/2014) | |||
| 2014-07-01 | 74 | 0 | Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 7/1/2014. The Pre-Trial Conference is re-scheduled to July 15, 2014 at 1:30 p.m. SEE ATTACHED ORDER. (Rizvi, Asad) (Entered: 07/01/2014) | |||
| 2014-07-10 | 75 | 0 | Letter MOTION to Adjourn Conference by Ozell Neely. (Pelsinger, Kenneth) (Entered: 07/10/2014) | |||
| 2014-07-24 | 76 | 0 | MOTION for Summary Judgment pursuant to Federal Rule of Civil Procedure 56 by Residential Mortgage Solution, LLC. Responses due by 8/28/2014 (Attachments: # 1 Rule 56.1 Statement, # 2 Declaration, # 3 Memorandum in Support, # 4 Affidavit Affidavit in Support, # 5 Certificate of Service, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K) (Flickinger, Kenneth) (Entered: 07/24/2014) | |||
| 2014-07-25 | 77 | 0 | Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Final Pretrial Conference held on 7/23/2014. SEE ATTACHED ORDER. (Rizvi, Asad) (Entered: 07/25/2014) |