Patterson et al v. NewRez LLC et al
| William D. Patterson and Erica Parrenti |
| NewRez LLC formerly known as New Penn Financial, LLC doing business as Shellpoint Mortgage Servicing, New Penn Financial, LLC, US Bank Trust National Association and M. Kay David |
| 1:2021cv00126 |
| September 17, 2021 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| Irene M Keeley |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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Filing 55
ORDER DISMISSING CASE. It is hereby ORDERED that this civil action be, and the same is hereby, DISMISSED WITHOUT PREJUDICE and retired from the docket of this Court, subject to reopening on motion of any party, and for good cause shown, within ninety (90) days. Signed by District Judge John Preston Bailey on 1/17/2023. (wrr)
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Filing 54
*SEALED* REPORT of Mediator.(wrr)
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Filing 53
SCHEDULING ORDER. The Joint Motion to Extend Deadlines in Scheduling Order [Doc. #52 ] is GRANTED IN PART and pursuant to Federal Rules of Civil Procedure (FED. R. Civ. P.) 16(b) & 26(f), and the Local Rules of Civil Procedure (LR Civ P), it is hereby ORDERED that the current scheduling order [Doc. #32 ] is AMENDED Discovery due by 4/15/2023. Motions due by 5/1/2023. Proposed Pretrial Order due by 7/10/2023. Final Pretrial Conference set for 7/17/2023 03:00 PM in Wheeling District Judge Courtroom, North before District Judge John Preston Bailey. Jury Selection and Jury Trial set for 7/25/2023 09:00 AM in Wheeling District Judge Courtroom, North before District Judge John Preston Bailey. Signed by District Judge John Preston Bailey on 1/6/2023. (wrr)
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Filing 52
Joint MOTION for Extension of Time to Complete Discovery Extend Deadlines in Scheduling Order by Erica Parrenti, William D. Patterson. (Fleu, Colten)
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Filing 51
NOTICE by NewRez LLC, US Bank Trust National Association of Mediation (Gerhardt, Graham)
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Filing 50
CERTIFICATE OF SERVICE by NewRez LLC, US Bank Trust National Association . (Gerhardt, Graham)
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Filing 49
ORDER REASSIGNING CASE. For reasons appearing to the Court, this action is REASSIGNED to the Honorable John P. Bailey, United States District Judge. Signed by Chief District Judge Thomas S Kleeh on 10/31/2022. (wrr)
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Filing 48
CERTIFICATE OF SERVICE by NewRez LLC . (Gerhardt, Graham)
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Filing 47
ORDER. For good cause, the Court TRANSFERS this civil action to the docket of the Honorable Thomas S. Kleeh, United States District Judge. Signed by Senior Judge Irene M. Keeley on 9/30/2022. (wrr)
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Filing 46
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson . (Fleu, Colten)
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Filing 45
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson . (Fleu, Colten)
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Filing 44
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson . (Fleu, Colten)
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Filing 43
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson . (Fleu, Colten)
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Filing 42
CERTIFICATE OF SERVICE by NewRez LLC, US Bank Trust National Association . (Gerhardt, Graham)
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Filing 41
NOTICE of Appearance by Graham W. Gerhardt on behalf of NewRez LLC, US Bank Trust National Association (Gerhardt, Graham)
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Filing 40
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson Amended Notices of Deposition. (Fleu, Colten)
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Filing 39
CERTIFICATE OF SERVICE by US Bank Trust National Association . (Narod, Andrew)
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Filing 38
CERTIFICATE OF SERVICE by NewRez LLC . (Narod, Andrew)
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Filing 37
CERTIFICATE OF SERVICE by US Bank Trust National Association . (Narod, Andrew)
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Filing 36
CERTIFICATE OF SERVICE by NewRez LLC . (Narod, Andrew)
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Filing 35
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson Notice of Depositions. (Fleu, Colten)
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Filing 34
CERTIFICATE OF SERVICE by US Bank Trust National Association . (Narod, Andrew)
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Filing 33
CERTIFICATE OF SERVICE by NewRez LLC . (Narod, Andrew)
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Filing 32
ORDER GRANTING JOINT MOTION TO EXTEND DEADLINES [DKT. NO. #30 ]. The Court EXTENDS the remaining deadlines in this case by ninety (90) days. It also RESCHEDULES the trial in this matter for May 22, 2023 at 9:30 AM and the pretrial conference and final settlement conference for May 4, 2023 at 11:00 AM. Signed by Senior Judge Irene M. Keeley on 6/9/2022. (wrr)
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Filing 31
ORDER OF SUBSTITUTION OF COUNSEL. It is ORDERED that Colten Fleu of Mountain State Justice, Inc. is hereby substituted as counsel for Wiliam D. Patterson and Erica Parrenti and that Jennifer Wagner, formerly of Mountain State Justice, Inc., be permitted to withdraw as counsel for Plaintiffs Wiliam D.Patterson and Erica Parrenti. Signed by Senior Judge Irene M. Keeley on 6/8/2022. (wrr)
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Filing 30
Other Document Joint Motion to Extend Scheduling Order filed by Erica Parrenti, William D. Patterson. (Fleu, Colten) Modified on 6/7/2022 to make pending motion. (dk)
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Filing 29
Proposed Order of Substitution of Counsel re #28 Notice (Other) by Erica Parrenti, William D. Patterson. (Fleu, Colten)
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Filing 28
NOTICE by Erica Parrenti, William D. Patterson Notice of Substitution of Counsel (Fleu, Colten)
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Filing 27
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson Plaintiffs First Set of Interrogatories and Request for Production of Documents to Defendants. (Wagner, Jennifer)
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Filing 26
ANSWER to Complaint by US Bank Trust National Association.(Narod, Andrew)
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Filing 25
Amended ANSWER to Complaint by NewRez LLC.(Narod, Andrew)
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Filing 24
MEMORANDUM OPINION AND ORDER DENYING THE PLAINTIFFS' MOTION TO REMAND [DKT. NO. #9 ], DISMISSING CLAIMS AGAINST DEFENDANT DAVID, AND GRANTING-IN-PART AND DENYING-IN-PART THE CORPORATE DEFENDANTS' MOTION TO DISMISS [DKT. NO. #6 ]. Signed by Senior Judge Irene M. Keeley on 1/25/2022. (wrr)
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Filing 23
NOTICE by NewRez LLC, US Bank Trust National Association re #6 MOTION to Dismiss of Supplemental Authority (Attachments: #1 Exhibit A - Bean Order)(Narod, Andrew)
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Filing 22
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson Corrected Rule 26(a)(1) Disclosures. (Wagner, Jennifer)
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Filing 21
SCHEDULING ORDER: Plaintiff Amended Pleadings and Joinder of Parties due by 2/1/2022. Discovery due by 10/3/2022. Motions due by 10/24/2022. Proposed Pretrial Order due by 1/30/2023. Final Pretrial Conference and Settlement Conference set for 2/13/2023 10:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Jury Selection set for 2/28/2023 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh, followed by Jury Trial set for three days beginning 2/28/2023 in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Signed by Senior Judge Irene M. Keeley on 12/20/2021. (wrr)
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Filing 20
CERTIFICATE OF SERVICE by Erica Parrenti, William D. Patterson Plaintiffs' Rule 26(a)(1) Disclosures. (Wagner, Jennifer)
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Filing 19
CERTIFICATE OF SERVICE by NewRez LLC, US Bank Trust National Association of Defendants' Initial Disclosures. (Narod, Andrew)
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Filing 18
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Senior Judge Irene M. Keeley: Motion Hearing held on 12/6/2021 re #9 MOTION to Remand to State Court filed by Erica Parrenti, William D. Patterson, #6 MOTION to Dismiss filed by NewRez LLC, US Bank Trust National Association, Scheduling Conference held on 12/6/2021. (Court Reporter Cindy Knecht.) (jmm)
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Filing 17
REPORT of Rule 26(f) Planning Meeting. (Narod, Andrew)
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Filing 16
ORDER RESCHEDULING SCHEDULING CONFERENCE. For reasons appearing to the Court, the scheduling conference, currently scheduled for December 8, 2021, is RESCHEDULED to December 6, 2021, at 1:30 p.m., by telephone. Signed by Senior Judge Irene M. Keeley on 11/04/2021. (wrr)
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Filing 15
REPLY to Response to Motion re #9 MOTION to Remand to State Court filed by Erica Parrenti, William D. Patterson. (Wagner, Jennifer)
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Filing 14
REPLY to Response to Motion re #6 MOTION to Dismiss filed by NewRez LLC, US Bank Trust National Association. (Narod, Andrew)
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Filing 13
RESPONSE in Opposition re #9 MOTION to Remand to State Court filed by NewRez LLC, US Bank Trust National Association. (Narod, Andrew)
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Filing 12
ORDER granting #11 Motion for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss. Reply is due by 10/22/2021. Signed by Senior Judge Irene M. Keeley on 10/15/21. (mh)
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Filing 11
MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss , Unopposed by NewRez LLC, US Bank Trust National Association. (Attachments: #1 Proposed Order)(Howard, Gary)
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Filing 10
RESPONSE in Opposition re #6 MOTION to Dismiss filed by Erica Parrenti, William D. Patterson. (Wagner, Jennifer)
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Filing 9
MOTION to Remand to State Court by Erica Parrenti, William D. Patterson. (Attachments: #1 Attachment Memorandum of Law in Support of Plaintiff's Motion to Remand, #2 Attachment, #3 Attachment, #4 Attachment, #5 Attachment, #6 Attachment, #7 Attachment, #8 Attachment, #9 Attachment, #10 Attachment)(Wagner, Jennifer)
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Filing 8
ANSWER to Complaint Counts VII through XII by NewRez LLC.(Howard, Gary)
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Filing 7
Memorandum in Support re #6 MOTION to Dismiss filed by NewRez LLC, US Bank Trust National Association. (Attachments: #1 Exhibit A - June 26, 2007 Deed of Trust, #2 Exhibit August 18, 2021 Assignment)(Howard, Gary)
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Filing 6
MOTION to Dismiss by NewRez LLC, US Bank Trust National Association. (Howard, Gary)
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Filing 5
CERTIFIED STATE COURT RECORD from Circuit Court of Monongalia County, West Virginia (Attachments: #1 Letter from Circuit Clerk) (wrr)
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Filing 4
Corporate Disclosure Statement by US Bank Trust National Association identifying Corporate Parent U.S. Bancorp for US Bank Trust National Association.. (Howard, Gary)
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Filing 3
Corporate Disclosure Statement by NewRez LLC identifying Corporate Parent Shellpoint Partners LLC, Corporate Parent New Residential Mortgage LLC, Corporate Parent New Residential Investment Corporation, Other Affiliate NRM Acquisition LLC, Other Affiliate NRM Acquisition II LLC for NewRez LLC.. (Howard, Gary)
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Filing 2
FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 11/5/2021. Rule 26 Meeting Report due by 11/19/2021. Scheduling Conference set for 12/8/2021 01:30 PM in Judge Keeley Chambers before Senior Judge Irene M. Keeley. Discovery due by 12/15/2021. Signed by Senior Judge Irene M. Keeley on 9/17/2021. (wrr)
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Filing 1
NOTICE OF REMOVAL with State Court Papers from Circuit Court of Monongalia County, West Virginia, (case number 21-C-235), filed by US Bank Trust National Association, NewRez LLC. (Attachments: #1 Exhibit A-State Court Record, #2 Exhibit B-Deed of Trust, #3 Exhibit C-Assignment of Deed of Trust, #4 Exhibit D-Current Payoff Balance Owed, #5 Exhibit E-Current Appraised Value, #6 Exhibit F-Current Appraised Value, #7 Civil Cover Sheet) Filing Fee $402 PAID. Receipt #AWVNDC-3341002.(wrr)
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