Gann v. Equifax Information Services LLC et al
| Gwendolyn A Gann |
| NewRez LLC, Equifax Information Services LLC, Shellpoint Mortgage Servicing and New Penn Financial LLC |
| 2:2019cv04948 |
| August 13, 2019 |
| US District Court for the District of Arizona |
| John Z Boyle |
| Steven P Logan |
| Other Statutes: Consumer Credit |
| 15 U.S.C. § 1681 |
| Both |
Docket Report
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This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.
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| 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) |
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)
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| Filing 31 NOTICE of Service of Discovery filed by Equifax Information Services LLC. (Hubbard, Maria) |
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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)
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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)
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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)
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| Filing 27 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Equifax Information Services LLC. (Hubbard, Maria) |
| 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) |
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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)
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| 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). |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 19 Corporate Disclosure Statement by Equifax Information Services LLC. (Hubbard, Maria) |
| Filing 18 ANSWER to #1 Complaint with Jury Demand by Equifax Information Services LLC.(Hubbard, Maria) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| Filing 11 Magistrate Election Form Deadline set as to Equifax Information Services. (Attachments: #1 Consent Form)(MAP) |
| Filing 10 NOTICE of Appearance by Maria Fernanda Hubbard on behalf of Equifax Information Services LLC. (Hubbard, Maria) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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. |
| 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) |
| Filing 2 SUMMONS Submitted by Gwendolyn A Gann. (Bybee, Floyd) (Attachments: #1 Summons)(BAC) |
| 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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