Gann v. Equifax Information Services LLC et al
Plaintiff: Gwendolyn A Gann
Defendant: NewRez LLC, Equifax Information Services LLC and Shellpoint Mortgage Servicing
Case Number: 2:2019cv04948
Filed: August 13, 2019
Court: US District Court for the District of Arizona
Presiding Judge: John Z Boyle
Referring Judge: Steven P Logan
Nature of Suit: Other Statutes: Consumer Credit
Cause of Action: 15:1681
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2019 Filing 33 First MOTION to Amend/Correct #1 Complaint, #22 MOTION to Dismiss for Failure to State a Claim Defendant NewRez LLC f/k/a New Penn Financial, LLC DBA Shellpoint Mortgage Servicing's Motion to Dismiss Complaint Pursuant to F.R.C.P. 12(b)(6) and Statement of Good Faith Consultation by Gwendolyn A Gann. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Bybee, Floyd)
October 10, 2019 Opinion or Order Filing 32 ORDER - Settlement Conference set for 12/12/2019 at 10:00 AM in U.S. District Court of Arizona, 123 N. San Francisco Street, Suite 200, Flagstaff, AZ 86001 before Magistrate Judge Camille D Bibles. See document for complete details. Signed by Magistrate Judge Camille D Bibles on 10/10/19. (MSA)
October 3, 2019 Filing 31 NOTICE of Service of Discovery filed by Equifax Information Services LLC. (Hubbard, Maria)
October 2, 2019 Opinion or Order Filing 30 ORDER: This case is referred by random lot to United States Magistrate Judge Camille D. Bibles for the purpose of conducting a settlement conference. The parties shall contact the chambers of the Honorable Camille D. Bibles to schedule a settlement conference. See order for additional details. Signed by Judge Steven P Logan on 10/2/2019. (LMR)
October 2, 2019 Opinion or Order Filing 29 RULE 16 CASE MANAGEMENT ORDER: Discovery due by 7/17/2020. Dispositive motions due by 8/21/2020. See order for additional deadlines and details. Signed by Judge Steven P Logan on 10/2/2019. (LMR)
October 2, 2019 Opinion or Order Filing 28 ORDER: The Rule 16 Case Management Conference, presently set for October 11, 2019 before Honorable Steven P. Logan, is vacated. Order to follow. Signed by Judge Steven P Logan on 10/2/2019. (LMR)
September 30, 2019 Filing 27 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Equifax Information Services LLC. (Hubbard, Maria)
September 30, 2019 Filing 26 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Gwendolyn A Gann. (Attachments: #1 Text of Proposed Order)(Bybee, Floyd)
September 27, 2019 Opinion or Order Filing 25 ORDER granting #24 Stipulation. Plaintiff shall have until 10/11/2019 to file a Response to the Motion to Dismiss (Doc. #22 ). Signed by Judge Steven P. Logan on 9/26/2019. (RMW)
September 24, 2019 Filing 24 *STIPULATION for Extension of Time to File Response to #22 MOTION to Dismiss for Failure to State a Claim by Gwendolyn A Gann. (Attachments: #1 Text of Proposed Order)(Bybee, Floyd) *Modified to correct event and clarify text on 9/25/2019 (RMV).
September 16, 2019 Filing 23 NOTICE TO FILER OF DEFICIENCY re: #22 MOTION to Dismiss for Failure to State a Claim Defendant NewRez LLC f/k/a New Penn Financial, LLC DBA Shellpoint Mortgage Servicing's Motion to Dismiss Complaint Pursuant to F.R.C.P. 12(b)(6) and Statement of Good Faith Consultation filed by NewRez LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)
September 13, 2019 Filing 22 MOTION to Dismiss for Failure to State a Claim Defendant NewRez LLC f/k/a New Penn Financial, LLC DBA Shellpoint Mortgage Servicing's Motion to Dismiss Complaint Pursuant to F.R.C.P. 12(b)(6) and Statement of Good Faith Consultation by NewRez LLC. (Ruth, Marvin)
September 6, 2019 Opinion or Order Filing 21 ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE: Case Management Conference set for 10/11/2019 at 01:30 PM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. See order for details. Signed by Judge Steven P Logan on 9/6/2019. (Attachments: #1 Attachment)(LMR)
September 5, 2019 Filing 20 Corporate Disclosure Statement by NewRez LLC identifying Corporate Parent Shellpoint Partners LLC, Corporate Parent New Residential Investment Corp. for NewRez LLC. (Ruth, Marvin)
September 4, 2019 Filing 19 Corporate Disclosure Statement by Equifax Information Services LLC. (Hubbard, Maria)
September 4, 2019 Filing 18 ANSWER to #1 Complaint with Jury Demand by Equifax Information Services LLC.(Hubbard, Maria)
August 29, 2019 Opinion or Order Filing 17 ORDER granting a one-time extension of time until 9/13/2019 for Defendant NewRez LLC to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted. (See attached order for additional information.) Signed by Judge Steven P. Logan on 8/29/2019. (RMW)
August 28, 2019 Opinion or Order Filing 16 PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. Unless the Court orders otherwise, on November 11, 2019, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P Logan on 8/28/2019. (Attachments: #1 Attachments)(LMR)
August 28, 2019 Filing 15 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint Defendant NewRez LLC d/b/a Shellpoint Mortgage Servicing's Stipulation for Extension of Time to Respond to Complaint by NewRez LLC. (Attachments: #1 Text of Proposed Order)(Ruth, Marvin)
August 28, 2019 Filing 14 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Steven P. Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-X19-4948-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
August 27, 2019 Filing 13 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
August 26, 2019 Filing 11 Magistrate Election Form Deadline set as to Equifax Information Services. (Attachments: #1 Consent Form)(MAP)
August 26, 2019 Filing 10 NOTICE of Appearance by Maria Fernanda Hubbard on behalf of Equifax Information Services LLC. (Hubbard, Maria)
August 19, 2019 Filing 9 SERVICE EXECUTED filed by Gwendolyn A Gann: Proof of Service re: Summons, Complaint, and Order Regarding MIDP upon NewRez LLC on 08/14/2019. (Bybee, Floyd)
August 19, 2019 Filing 8 SERVICE EXECUTED filed by Gwendolyn A Gann: Proof of Service re: Summons, Complaint, and Order Regarding MIDP upon Equifax Information Services, LLC on 08/14/2019. (Bybee, Floyd)
August 13, 2019 Filing 7 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
August 13, 2019 Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC)
August 13, 2019 Filing 4 Summons Issued as to Equifax Information Services LLC, NewRez LLC. (Attachments: #1 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
August 13, 2019 Filing 3 Filing fee paid, receipt number 0970-17271929. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-19-04948-PHX-JZB. Magistrate Election form attached.(BAC)
August 13, 2019 Filing 2 SUMMONS Submitted by Gwendolyn A Gann. (Bybee, Floyd) (Attachments: #1 Summons)(BAC)
August 13, 2019 Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-17271929 filed by Gwendolyn A Gann. (Bybee, Floyd) (Attachments: #1 Civil Cover Sheet)(BAC)

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Defendant: NewRez LLC
Represented By: Marvin Christopher Ruth
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Defendant: Equifax Information Services LLC
Represented By: Melissa S Ho
Represented By: Maria Fernanda Hubbard
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Defendant: Shellpoint Mortgage Servicing
Represented By: Marvin Christopher Ruth
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Plaintiff: Gwendolyn A Gann
Represented By: Floyd W Bybee
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