Kaplan v. New Penn Financial, LLC et al
Plaintiff: Seth Kaplan
Defendant: New Penn Financial, LLC doing business as Shellpoint Mortgage Servicing formerly known as Resurgent Mortgage Servicing and Resurgent Mortgage Servicing
Case Number: 1:2014cv02554
Filed: September 15, 2014
Court: US District Court for the District of Colorado
Office: Denver Office
County: Arapahoe
Presiding Judge: Wiley Y Daniel
Referring Judge: Michael J Watanabe
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 17, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2016 Opinion or Order Filing 70 ORDER DISMISSING CASE The Stipulation to Dismiss ECF No. #69 is hereby APPROVED. All claims against Defendant in this matter are dismissed with prejudice, and the parties shall bear their own fees and costs. The pending motion to dismiss ECF No. #26 and the pending motion for summary judgment ECF No. #39 are both DENIED AS MOOT. The case is hereby closed. The Clerk of the Court is directed to close the case, by Judge Wiley Y. Daniel on 2/17/2016. (evana, )
February 5, 2016 Filing 69 STIPULATION of Dismissal of Case by Plaintiff Seth Kaplan. (Coakley, Eric)
December 17, 2015 Opinion or Order Filing 68 ORDER that the #38 Order of the United States Magistrate Judge, dated May 13, 2015, is AFFIRMED and ADOPTED. It is FURTHER ORDERED that Plaintiffs Objection to the Magistrate Judges Order ECF No. #40 is hereby OVERRULED, by Judge Wiley Y. Daniel on 12/17/2015.(evana, )
October 22, 2015 Filing 67 NOTICE of Change of Firm Name by Defendant New Penn Financial, LLC (Hicks, Ian)
September 4, 2015 Opinion or Order Filing 66 MINUTE ORDER Granting #47 Defendants [Unopposed] Motion to Restrict Public Access to Exhibits Submitted by Defendant in Connection with the Declaration of Kimberly C. Harmstad in Support of Defendants Motion for Summary Judgment. Accordingly, ECF Nos. 39-1 through 39-12 shall retain Level 1 restriction, by Judge Wiley Y. Daniel on 9/4/2015.(evana, )
August 25, 2015 Opinion or Order Filing 65 Stipulated PROTECTIVE ORDER by Magistrate Judge Michael J. Watanabe on 8/25/2015. (evana, )
August 25, 2015 Opinion or Order Filing 64 MINUTE ORDER Granting #61 the Joint Motion for Protective Order, by Magistrate Judge Michael J. Watanabe on 8/25/2015.(evana, )
August 24, 2015 Opinion or Order Filing 63 MINUTE ORDER A three-day Jury Trial set for 5/23/2016 09:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. A Final Trial Preparation Conference set for 5/10/2016 at 10:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Entered by Judge Wiley Y. Daniel on 8/24/2015. (evana, )
August 24, 2015 Opinion or Order Filing 62 MEMORANDUM regarding #61 Joint MOTION for Protective Order filed by New Penn Financial, LLC. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Wiley Y. Daniel on 8/24/15. Text Only Entry (rkeec)
August 17, 2015 Filing 61 Joint MOTION for Protective Order by Defendant New Penn Financial, LLC. (Gerst, Michael)
August 11, 2015 Opinion or Order Filing 60 MINUTE ORDER re: #59 Stipulation filed by New Penn Financial, LLC. It is hereby ORDERED that the Stipulated Protective Order docket no. #59 is DENIED WITHOUT PREJUDICE, by Magistrate Judge Michael J. Watanabe on 8/11/2015. (evana, )
August 10, 2015 Filing 59 STIPULATION - Protective Order by Defendant New Penn Financial, LLC. (Gerst, Michael)
July 28, 2015 Opinion or Order Filing 58 FINAL PRETRIAL ORDER Entered by Magistrate Judge Michael J. Watanabe on 7/28/2015. (emill)
July 28, 2015 Filing 57 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Final Pretrial Conference held on 7/28/2015. Final Pretrial Order entered. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)
July 22, 2015 Filing 56 Proposed Pretrial Order by Defendant New Penn Financial, LLC. (Bates, Terry)
July 21, 2015 Filing 55 NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: MICHAEL GERST re: #54 Proposed Pretrial Order, has failed to comply with D.C.COLO.LCivR 5.1(a) and one or more of the following Electronic Case Filing Procedures(Civil Cases): 1.1, 1.3(f), 4.1(a), and/or 4.3, which mandate, with exceptions inapplicable here, that all documents filed in civil cases must be filed electronically, shall be converted directly to portable document format (PDF) from software applications in which they were created (i.e., No scanned documents), shall include a signature block with the filer's typed name, typed signature and must match the filers login and password (i.e. a filer may not use non-signatory's login and password to file a document). See ECF Procedure 4.3. Failure in the future to follow these procedures may lead to mandatory CM/ECF training. (Text Only Entry) (evana, )
July 21, 2015 Filing 54 Proposed Pretrial Order * Proposed Final Pretrial (Modified on 7/22/2015 SEE Operative Refiled Proposed Pretrial Order at docket #56 )(evana, ).
July 1, 2015 Filing 53 NOTICE * Request to Withdraw Counsel for Defendant New Penn Financial, LLC D/B/A Shellpoint Mortgage Servicing as Successor in Interest to Resurgent Capital Services, LP and Request for Termination of Electronic Notices * by Defendant New Penn Financial, LLC (Gerst, Michael) (Modified on 7/6/2015 to be refiled as a Motion to Withdraw, counsel has been notified)(evana, ).
July 1, 2015 Filing 52 NOTICE of Entry of Appearance by Terry Bryan Bates on behalf of New Penn Financial, LLCAttorney Terry Bryan Bates added to party New Penn Financial, LLC(pty:dft) (Bates, Terry)
June 29, 2015 Filing 51 REPLY to Response to #40 Objection/Appeal of Magistrate Judge Decision to District Court filed by Plaintiff Seth Kaplan. (Attachments: #1 Exhibit 1 Refusal to Confer, #2 Exhibit 2 Response to R 37 Letter)(Coakley, Eric)
June 26, 2015 Opinion or Order Filing 50 MINUTE ORDER granting #48 Motion for Leave to File Excess Pages by Judge Wiley Y. Daniel on 06/26/15.(jhawk, )
June 22, 2015 Filing 49 BRIEF in Support of #39 MOTION for Summary Judgment , #48 MOTION for Leave to File Excess Pages * Defendants Unopposed Motion to Exceed the Page Limit in Its Reply in Support of Its Motion for Summary Judgment * * Defendant New Penn Financial, LLC D/B/A Shellpoint Mortgage Servicing as Successor in Interest to Resurgent Capital Services, LPs Reply in Support of Its Motion for Summary Judgment * filed by Defendant New Penn Financial, LLC. (Attachments: #1 Affidavit of Michael Gerst)(Gerst, Michael)
June 22, 2015 Filing 48 MOTION for Leave to File Excess Pages * Defendants Unopposed Motion to Exceed the Page Limit in Its Reply in Support of Its Motion for Summary Judgment * by Defendant New Penn Financial, LLC. (Gerst, Michael)
June 18, 2015 Filing 47 MOTION for Leave to Restrict by Defendant New Penn Financial, LLC. (Gerst, Michael)
June 16, 2015 Opinion or Order Filing 46 MINUTE ORDER An Amended Complaint ECF No. #25 was filed by the Plaintiff on February 18, 2015. Accordingly, the Defendants #11 Motion to Dismiss is Denied as moot, by Judge Wiley Y. Daniel on 6/16/2015.(evana, )
June 5, 2015 Filing 45 RESPONSE to #39 MOTION for Summary Judgment filed by Plaintiff Seth Kaplan. (Attachments: #1 Exhibit V Kaplan Discovery Responses, #2 Exhibit W Deposition Transcript, #3 Exhibit X April 1 letter, #4 Exhibit Y Dec 13 letter, #5 Exhibit Z Dec 23 letter, #6 Exhibit AA Jan 24 letter, #7 Exhibit BB April 24 letter, #8 Exhibit CC April 25 letters, #9 Exhibit DD April 28 letter, #10 Exhibit EE Supplemental Responses, #11 Exhibit FF Defendants Rog Answers)(Coakley, Eric)
June 5, 2015 Filing 44 RESPONSE to #40 OBJECTION/Appeal of Magistrate Judge Decision to District Court re #38 Order on Motion to Compel, by Plaintiff Seth Kaplan. by Defendant New Penn Financial, LLC. (Gerst, Michael)
June 5, 2015 Filing 43 ERRATA re #39 MOTION for Summary Judgment by Defendant New Penn Financial, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Certificate of Service)(Gerst, Michael)
June 1, 2015 Opinion or Order Filing 42 MINUTE ORDER granting #41 Plaintiffs Unopposed Motion for One Time Extension of Time to Respond to #39 Motion for Summary Judgment. Plaintiff has up to and including Friday, June 5, 2015, in which to file his response brief, by Judge Wiley Y. Daniel on 6/1/2015.(evana, )
June 1, 2015 Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION for Summary Judgment by Plaintiff Seth Kaplan. (Coakley, Eric)
May 27, 2015 Filing 40 OBJECTION/Appeal of Magistrate Judge Decision to District Court re #38 Order on Motion to Compel, by Plaintiff Seth Kaplan. (Attachments: #1 Exhibit 4 Discovery Responses)(Coakley, Eric)
May 15, 2015 Filing 39 MOTION for Summary Judgment by Defendant New Penn Financial, LLC. (RESTRICTED Level-1 Attachments: #1 Affidavit of Gerst, #2 Affidavit of Harmstad - Part 1, #3 Affidavit of Harmstad - Part 2, #4 Affidavit of Harmstad - Part 3, #5 Affidavit of Harmstad - Part 4, #6 Affidavit of Harmstad - Part 5, #7 Affidavit of Harmstad - Part 6, #8 Affidavit of Harmstad - Part 7, #9 Affidavit of Harmstad - Part 8, #10 Affidavit of Harmstad - Part 9, #11 Affidavit of Harmstad - Part 10, #(12)Affidavit of Hamstad-Part 11) (Gerst, Michael)(Modified on 6/9/2015 Exhibits/Attachments have been Restricted at Level 1 pending the filing and ruling on Motion for Leave to Restrict) (evana, ).
May 13, 2015 Opinion or Order Filing 38 MINUTE ORDER denying #32 Plaintiff's Motion to Compel Discovery, as set forth in the order. On or before 5/28/2015, Defendant shall provide Plaintiff with supplemental responses to Plaintiffs Interrogatories Nos. 2, 3, 4, 6, 7, 13, 20, and 22, as set forth in the order. By Magistrate Judge Michael J. Watanabe on 5/13/2015.(emill)
May 11, 2015 Filing 37 BRIEF in Opposition to #32 MOTION to Compel Discovery Responses * New Penn Financial, LLC D/B/A Shellpoint Mortgage Servicing as Successor in Interest to Resurgent Capital Services, LPs Opposition to Plaintiffs Motion to Compel Discovery * filed by Defendant New Penn Financial, LLC. (Attachments: #1 Affidavit of Michael Gerst)(Gerst, Michael)
April 29, 2015 Opinion or Order Filing 36 ORDER granting in part and denying in part #27 Defendant New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing as Successor in Interest to Resurgent Mortgage Service, LP's Motion to Compel Plaintiff's Further Discovery Responses, by Magistrate Judge Michael J. Watanabe on 4/29/2015.(emill)
April 20, 2015 Filing 35 RESPONSE to #27 MOTION to Compel Plaintiffs Further Discovery Responses filed by Plaintiff Seth Kaplan. (Attachments: #1 Exhibit 1 Discovery Responses)(Coakley, Eric)
April 20, 2015 Filing 34 REPLY to Response to #26 MOTION to Dismiss for Failure to State a Claim * New Penn Financial, LLC D/B/A Shellpoint Mortgage Servicing as Successor in Interest to Resurgent Capital Services, LPs Reply in Support of Motion to Dismiss Plaintiffs Complaint for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(B)(6) * filed by Defendant New Penn Financial, LLC. (Gerst, Michael)
April 16, 2015 Filing 33 MEMORANDUM regarding #32 MOTION to Compel Discovery Responses filed by Seth Kaplan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Wiley Y. Daniel on 4/16/15. Text Only Entry (rkeec)
April 16, 2015 Filing 32 MOTION to Compel Discovery Responses by Plaintiff Seth Kaplan. (Attachments: #1 Exhibit 1 Discovery Conferral, #2 Exhibit 2 Conferral Response, #3 Exhibit 3 Discovery Requests, #4 Exhibit 4 Discovery Answers)(Coakley, Eric)
April 9, 2015 Filing 31 NOTICE of Entry of Appearance of Catherine V. Krol by Catherine Virginia Krol on behalf of Seth KaplanAttorney Catherine Virginia Krol added to party Seth Kaplan(pty:pla) (Krol, Catherine)
March 30, 2015 Filing 30 RESPONSE to #26 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Seth Kaplan. (Attachments: #1 Exhibit 1 Correspondence, #2 Exhibit 2 Discovery Responses)(Coakley, Eric)
March 27, 2015 Filing 29 MEMORANDUM regarding #27 MOTION to Compel Plaintiffs Further Discovery Responses filed by New Penn Financial, LLC. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Wiley Y. Daniel on 3/27/15. Text Only Entry (rkeec)
March 26, 2015 Filing 28 STATEMENT re #27 MOTION to Compel Plaintiffs Further Discovery Responses * Separate Statement Of Discovery Responses In Dispute * by Defendant New Penn Financial, LLC. (Gerst, Michael)
March 26, 2015 Filing 27 MOTION to Compel Plaintiffs Further Discovery Responses by Defendant New Penn Financial, LLC. (Attachments: #1 Affidavit of Gerst)(Gerst, Michael)
March 9, 2015 Filing 26 MOTION to Dismiss for Failure to State a Claim by Defendant New Penn Financial, LLC. (Hicks, Ian)
February 18, 2015 Filing 25 AMENDED COMPLAINT AND JURY DEMAND against New Penn Financial, LLC, filed by Seth Kaplan.(evana, )
February 18, 2015 Opinion or Order Filing 24 MINUTE ORDER granting #19 Plaintiffs Motion to Amend #1 Complaint by Magistrate Judge Michael J. Watanabe on 2/18/2015.(evana, )
February 13, 2015 Filing 23 REPLY to Response to #19 MOTION to Amend/Correct/Modify #1 Complaint filed by Plaintiff Seth Kaplan. (Coakley, Eric)
January 26, 2015 Filing 22 BRIEF in Opposition to #19 MOTION to Amend/Correct/Modify #1 Complaint filed by Defendant New Penn Financial, LLC. (Attachments: #1 Affidavit Declaration of Michael E. Gerst in support of Opposition to Plaintiff's Motion to Amend Complaint, #2 Exhibit A to Declaration of Michael E. Gerst)(Hicks, Ian)
January 9, 2015 Filing 21 STIPULATION for Extension of Time for One Time Extension of Time to Respond to Discovery Pursuant to D.C.COLO.LCivR 6.1 by Plaintiff Seth Kaplan. (Coakley, Eric)
January 5, 2015 Filing 20 MEMORANDUM regarding #19 MOTION to Amend/Correct/Modify #1 Complaint filed by Seth Kaplan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Wiley Y. Daniel on 1/5/15. Text Only Entry (rkeec)
January 5, 2015 Filing 19 MOTION to Amend/Correct/Modify #1 Complaint by Plaintiff Seth Kaplan. (Attachments: #1 Proposed Document Amended Complaint)(Coakley, Eric)
December 8, 2014 Filing 18 REPLY to Response to #11 MOTION to Dismiss for Failure to State a Claim filed by Defendant New Penn Financial, LLC. (Hicks, Ian)
November 24, 2014 Filing 17 RESPONSE to #11 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Seth Kaplan. (Coakley, Eric)
November 12, 2014 Opinion or Order Filing 16 SCHEDULING ORDER: Entered by Magistrate Judge Michael J. Watanabe on 11/12/2014. (emill)
November 12, 2014 Filing 15 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 11/12/2014. Discovery due by 4/16/2015. Dispositive Motions due by 5/15/2015. Proposed Pretrial Order due by 7/21/2015. Final Pretrial Conference set for 7/28/2015 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)
November 11, 2014 Filing 14 Proposed Scheduling Order - Amended by Plaintiff Seth Kaplan. (Coakley, Eric)
November 4, 2014 Opinion or Order Filing 13 MINUTE ORDER Scheduling Conference set 11/4/2014 10:00 AM is vacated. Scheduling Conference reset for 11/12/2014 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 11/4/2014. (emill)
October 31, 2014 Filing 12 Proposed Scheduling Order by Plaintiff Seth Kaplan. (Coakley, Eric)
October 29, 2014 Filing 11 MOTION to Dismiss for Failure to State a Claim by Defendant New Penn Financial, LLC. (Hicks, Ian)
October 28, 2014 Opinion or Order Filing 10 MINUTE ORDER granting in part and denying in part #8 Unopposed Motion to Re- Set Scheduling Conference and Related Deadlines. Deadline to file proposed Scheduling Order is 10/31/2014. Scheduling Conference remains set 11/4/2014 10:00 AM. By Magistrate Judge Michael J. Watanabe on 10/28/2014.(emill)
October 28, 2014 Filing 9 MEMORANDUM regarding #8 Unopposed MOTION to Reset Scheduling Conference filed by Seth Kaplan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Wiley Y. Daniel on 10/28/14. Text Only Entry (rkeec)
October 28, 2014 Filing 8 Unopposed MOTION to Reset Scheduling Conference by Plaintiff Seth Kaplan. (Coakley, Eric)
October 16, 2014 Filing 7 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant New Penn Financial, LLC. New Penn Financial, LLC answer due 10/29/2014. (Gerst, Michael)
September 23, 2014 Filing 6 SUMMONS Returned Executed by Seth Kaplan. New Penn Financial, LLC served on 9/18/2014, answer due 10/9/2014. (Coakley, Eric)
September 16, 2014 Opinion or Order Filing 5 ORDER Scheduling Conference set for 11/4/2014 10:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 9/16/2014. (evana, )
September 16, 2014 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe for non-dispositive matters. That pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge is designated to conduct proceedings in this civil action as follows: (1) Convene a scheduling conference under Fed.R.Civ.P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2. (2) Conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause. (3) Hear and determine pretrial matters, including discovery and other non-dispositive motions. (4) Alternative Dispute Resolution Authority: Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge, or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. (5) Conduct a pretrial conference and enter a pretrial order. It is further ORDERED that parties and counsel shall be familiar and comply with the above judge's requirements found at www.cod.uscourts.gov. Entered by Judge Wiley Y. Daniel on 9/16/14. Text Only Entry (rkeec)
September 16, 2014 Filing 3 No summons issued. Magistrate Judge Consent Form issued pursuant to Local Rule (sphil, )
September 16, 2014 Filing 2 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Michael J. Watanabe. Text Only Entry (sphil, )
September 15, 2014 Filing 1 COMPLAINT against New Penn Financial, LLC (Filing fee $ 400,Receipt Number 1082-4045919)Attorney Eric Raymond Coakley added to party Seth Kaplan(pty:dft), filed by Seth Kaplan. (Attachments: #1 Civil Cover Sheet)(Coakley, Eric)

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Defendant: New Penn Financial, LLC doing business as Shellpoint Mortgage Servicing formerly known as Resurgent Mortgage Servicing
Represented By: Ian Trevor Hicks
Represented By: Terry Bryan Bates
Represented By: Michael E. Gerst
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Defendant: Resurgent Mortgage Servicing
Represented By: Michael E. Gerst
Represented By: Ian Trevor Hicks
Represented By: Terry Bryan Bates
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Plaintiff: Seth Kaplan
Represented By: Catherine Virginia Krol
Represented By: Eric Raymond Coakley
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