Friess v. Mortgage Law Firm PC et al
| Julie D Friess |
| NEWREZ LLC doing business as Shellpoint Mortgage Servicing, Mortgage Law Firm PC, Christina Harper, Unknown Parties, Linda Wallace, Bank of America NA and US Bank Trust NA |
| 3:2024cv08180 |
| September 18, 2024 |
| U.S. District Court for the District of Arizona |
| Dominic W Lanza |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal- Fraud |
| None |
Docket Report
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This docket was last retrieved on October 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 28 REPLY to Response to Motion re: #8 MOTION to Dismiss for Failure to State a Claim filed by NEWREZ LLC, US Bank Trust NA. (Attachments: #1 Exhibit A)(Lawrence, Troy) |
| Filing 27 REPLY to Response to Motion re: #7 MOTION to Dismiss for Failure to State a Claim filed by Bank of America NA. (George, Kourtney) |
Filing 26
ORDER - IT IS ORDERED that the Court's October 16, 2024 order (Doc. #22 ) is vacated. IT IS FURTHER ORDERED that the motions to dismiss (Docs. #7 , #8 ) are reinstated as pending motions, and the dismissed Defendants (Bank of America, Shellpoint, and U.S. Bank) are reinstated as active, not terminated, Defendants. IT IS FURTHER ORDERED that the deadline for Bank of America, Shellpoint, and U.S. Bank to file replies in support of their motions to dismiss is extended by two days, to account for the two-day delay between the backdated "filing date" and the actual date on which the responses were docketed and the notice of electronic filing issued. IT IS FURTHER ORDERED that Plaintiff's motion to allow electronic filing (Doc. #25 ) is granted as to this case only. Signed by Judge Dominic W Lanza on 10/17/2024. (SLQ)
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Filing 22
ORDER: Bank of America's motion to dismiss (Doc. #7 ) is granted. Bank of America is dismissed from this action. Shellpoint's and U.S. Bank's motion to dismiss (Doc. #8 ) is granted. Shellpoint and U.S. Bank are dismissed from this action. Signed by Judge Dominic W Lanza on 10/16/2024. (KJ)
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| Filing 25 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Julie D Friess. (KJ) |
| Filing 24 RESPONSE in Opposition re: #8 MOTION to Dismiss for Failure to State a Claim filed by Julie D Friess. (KJ) |
| Filing 23 RESPONSE in Opposition re: #7 MOTION to Dismiss for Failure to State a Claim filed by Julie D Friess. (KJ) |
| Filing 21 Disclosure Statement by US Bank Trust NA identifying Other Affiliate U.S. Bancorp for US Bank Trust NA. (Lawrence, Troy) |
| Filing 20 Disclosure Statement by Bank of America NA identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company for Bank of America NA. (George, Kourtney) |
| Filing 19 NOTICE OF FILING BANKRUPTCY Upon the Record as to Julie D. Friess by NEWREZ LLC, US Bank Trust NA. (Lawrence, Troy) |
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Filing 18
ORDER - IT IS ORDERED that Plaintiff's motion for a TRO (Doc. #15 ) is denied. (See document for complete details). Signed by Judge Dominic W Lanza on 10/2/24. (SLQ)
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| Filing 17 NOTICE TO PARTY OF DEFICIENCY RE: DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Disclosure Statement should be filed within 14 days. Disclosure Statement Deadline set as to Bank of America NA. (SLQ) |
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Filing 16
ORDER that this case be reassigned, by lot, to another District Court Judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Dominic W. Lanza, United States District Court Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-24-08180-PCT-DWL. Signed by Judge Steven P. Logan on 10/1/24. (NKS)
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| Filing 15 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Julie D Friess. (Attachments: #1 Affidavit, #2 Certificate of Service)(KJ) |
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Filing 14
ORDER: Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than 12/17/2024. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court; and unless the Court orders otherwise, on 12/17/2024, 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. Signed by Judge Steven P Logan on 9/27/2024. (KJ)
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| Filing 13 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-24-8180-PCT-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 12 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) |
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Filing 10
ORDER: Plaintiff and the other Defendants have through 10/14/2024 to respond to Defendants' NewRez and U.S. Bank's Motion to Dismiss, filed 9/25/2024 (Doc. #8 ). Defendants NewRez and U.S. Bank have seven days from service of a response to reply thereto. Signed by Magistrate Judge James F Metcalf on 9/26/2024. (KJ)
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Filing 9
ORDER: Plaintiff and the other Defendants have through 10/14/2024 to respond to Defendant Bank of America's Motion to Dismiss, filed 9/25/2024 (Doc. #7 ). Defendant Bank of America has seven days from service of a responseto reply thereto. Signed by Magistrate Judge James F Metcalf on 9/26/2024. (KJ)
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| Filing 8 MOTION to Dismiss for Failure to State a Claim by NEWREZ LLC, US Bank Trust NA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Lawrence, Troy) Modified on 10/17/2024 (SLQ). |
| Filing 7 MOTION to Dismiss for Failure to State a Claim by Bank of America NA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Marshall, Gregory) |
| Filing 6 Disclosure Statement by NEWREZ LLC, US Bank Trust NA identifying Corporate Parent Shellpoint Partners LLC, Other Affiliate NRM Acquisition LLC, Other Affiliate NRM Acquisition II LLC, Other Affiliate New Residential Mortgage LLC, Other Affiliate NRZ Acquisition LLC, Other Affiliate Rithm Capital Corp., Other Affiliate Caliber Home Loans Inc. for NEWREZ LLC, US Bank Trust NA. (Lawrence, Troy) |
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Filing 5
ORDER OF RECUSAL. That this matter has been reassigned by the Clerk of Court, by random lot, to the Honorable James F. Metcalf, United States Magistrate Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-24-8180-PCT-JFM. Signed by Judge Diane J Humetewa on 9/23/24. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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| Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 4 NOTICE TO PARTY OF DEFICIENCY RE: DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Disclosure Statement should be filed within 14 days. Disclosure Statement Deadline set as to NEWREZ LLC. (DXD) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal. An older version of the Automated Civil Cover Sheet was included with the pleading. For future reference, the correct Civil Cover Sheet version can be found on the Arizona District Court website under Rules, General Orders, Forms/ Forms/ JS - 44 Civil Cover Sheet. Once the form is completed it should be generated at the bottom No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 2 Filing fee paid, receipt number AAZDC-23477071. This case has been assigned to the Honorable Judge Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-24-08180-PCT-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DXD) |
| Filing 1 NOTICE OF REMOVAL from Yavapai County Superior Court, case number S1300CV202480252. Filing fee received: $405.00, receipt number AAZDC-23477071 filed by NEWREZ LLC. (Lawrence, Troy) (Attachments: #1 State Court Docs, #2 Affidavit, #3 Civil Cover Sheet, #4 Supplemental Civil Cover Sheet)(DXD) |
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