Walsh v. Specialized Loan Servicing, LLC
| Brian A. Walsh |
| Specialized Loan Servicing, LLC |
| 1:2015cv01803 |
| August 20, 2015 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| R Brooke Jackson |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Filing 61 STIPULATION of Dismissal of Case with Prejudice by Plaintiff Brian A. Walsh. (McEahern, Sarah) |
Filing 60
ORDER finding as moot #50 Motion for Attorney Fees. By Judge R. Brooke Jackson on 3/22/17. Text Only Entry (rbjsec. )
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Filing 59
ORDER finding as moot #49 MOTION to Amend/Correct/Modify #47 Judgment to Dismissal With Prejudice. By Judge R. Brooke Jackson on 3/22/17. Text Only Entry (rbjsec. )
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| Filing 58 NOTICE of Settlement by Plaintiff Brian A. Walsh (Attachments: #1 Certificate of Service)(Swigart, Joshua) |
| Filing 57 REPLY to Response to #49 MOTION to Amend/Correct/Modify #47 Judgment to Dismissal With Prejudice filed by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
| Filing 56 REPLY to Response to #50 MOTION for Attorney Fees filed by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
| Filing 55 BRIEF in Opposition to #49 MOTION to Amend/Correct/Modify #47 Judgment to Dismissal With Prejudice filed by Plaintiff Brian A. Walsh. (McGlothlin, David) |
| Filing 54 BRIEF in Opposition to #50 MOTION for Attorney Fees filed by Plaintiff Brian A. Walsh. (Attachments: #1 Exhibit A: Excerpts of Transcript)(McGlothlin, David) |
| Filing 53 NOTICE re #52 Proposed Bill of Costs Rescheduled Cost Hearing set for February 2, 2017 by Defendant Specialized Loan Servicing, LLC (Morr, Matthew) |
| Filing 52 Proposed Bill of Costs by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
| Filing 51 Exhibits in Support of #50 MOTION for Attorney Fees , #49 MOTION to Amend/Correct/Modify #47 Judgment to Dismissal With Prejudice by Defendant Specialized Loan Servicing, LLC. (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 ECF 48 - Excerpts)(Morr, Matthew) |
| Filing 50 MOTION for Attorney Fees by Defendant Specialized Loan Servicing, LLC. (Attachments: #1 Declaration of Matthew A. Morr in Support of SLS's Motion for Attorneys' Fees, #2 Exhibit 1)(Morr, Matthew) |
| Filing 49 MOTION to Amend/Correct/Modify #47 Judgment to Dismissal With Prejudice by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
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Filing 48
TRANSCRIPT of Initial Scheduling Conference held on 3-25-16 before Judge Jackson. Pages: 1-13. |
| Filing 47 JUDGMENT in favor of the defendant, Specialized Loan Servicing, LLC, and against the plaintiff, Brian A. Walsh. by Judge R. Brooke Jackson on 11/17/16. (jdyne, ) |
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Filing 46
ORDER granting #37 Renewed MOTION to Dismiss Based on the United States Supreme Court's Spokeo Decision. Defendant moved for dismissal with prejudice pursuant to Rules 12(b)(1) and 12(b)(6). The primary basis of the motion was lack of subject matter jurisdiction due to lack of standing, which in turn was based on the absence of an allegation of a concrete injury in fact. See Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1448-50 (2016). Plaintiff filed a response in opposition to the motion, ECF No. 38, and defendant filed a reply. ECF No. 39. However, plaintiff has now filed a notice of withdrawal of his opposition to the motion, conceding that "Article III standing may be lacking." ECF No. 45. However, plaintiff then "respectfully requests this Court to remove this case to state court for further proceedings." Plaintiff provides no explanation or authority for this odd request. This case was filed directly in federal court. This Court has no basis that I know of to "remove" or remand such a case to state court. Moreover, plaintiff offers no explanation as to what standing he might have, or on what basis he might be able to state a viable claim, in state court. I am tempted simply to dismiss the case with prejudice, both because plaintiff has withdrawn his opposition to the motion which seeks such a dismissal, and because I fail to see any basis for his suing this defendant in state court. Nevertheless, a dismissal for lack of subject matter jurisdiction should be without prejudice. Strozier v. Potter, 71 F. App'x 802, 803 (10th Cir. 2003) (unpublished). Accordingly, this case is dismissed without prejudice. As the prevailing party the defendants is awarded costs pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. By Judge R. Brooke Jackson on 11/17/16. Text Only Entry(rbjsec. )
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| Filing 45 NOTICE of Withdrawal of Plaintiff Brian A. Walsh's Opposition to Defendant Specialized Loan Servicing, LLC's Third Motion to Dismiss by Plaintiff Brian A. Walsh (Attachments: #1 Proposed Order (PDF Only))(McEahern, Sarah) |
| Filing 44 NOTICE of Change of Address/Contact Information of Plaintiff's Attorney, Sarah T. McEahern by Sarah T. McEahern (Attachments: #1 Cert. of Service)(McEahern, Sarah) |
| Filing 43 NOTICE of Supplemental Authorities (third) in Support of Plaintiff's #38 Opposition to Defendant's Motion to Dismiss by Plaintiff Brian A. Walsh (Attachments: #1 Certificate of Service)(McEahern, Sarah) Modified on 9/21/2016 to create linkage (athom, ). |
| Filing 42 NOTICE of Supplemental Authorities re: #37 Renewed MOTION to Dismiss Based on the United States Supreme Court's Spokeo Decision by Defendant Specialized Loan Servicing, LLC (Attachments: #1 Braitberg v. Charter, #2 Hancock v. Urban, #3 Fisher v. Enterprise, #4 Groshek v. Time Warner, #5 Romero v. Dept Stores)(Morr, Matthew) |
| Filing 41 NOTICE of Supplemental Authorities (Second) in Support re: #38 Brief in Opposition to Motion by Plaintiff Brian A. Walsh (Attachments: #1 Exhibit 1)(McEahern, Sarah) |
| Filing 40 NOTICE of Supplemental Authorities in Support re: #38 Brief in Opposition to Motion by Plaintiff Brian A. Walsh (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McEahern, Sarah) |
| Filing 39 REPLY to Response to #37 Renewed MOTION to Dismiss Based on the United States Supreme Court's Spokeo Decision filed by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
| Filing 38 BRIEF in Opposition to #37 Renewed MOTION to Dismiss Based on the United States Supreme Court's Spokeo Decision filed by Plaintiff Brian A. Walsh. (Attachments: #1 Certificate of Service)(McEahern, Sarah) |
| Filing 37 Renewed MOTION to Dismiss Based on the United States Supreme Court's Spokeo Decision by Defendant Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1 - Spokeo Decision)(Morr, Matthew) |
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Filing 36
ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a five day Jury Trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on June 12, 2017 at 9:00 a.m. A Trial Preparation Conference is set for May 25, 2017 at 1:30 p.m. See order for additional details. By Judge R. Brooke Jackson on 3/28/16. (rbjsec.)
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Filing 35
SCHEDULING ORDER: by Judge R. Brooke Jackson on 3/25/16. (jdyne, )
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| Filing 34 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Scheduling Conference held on 3/25/2016. #30 Motion to Dismiss or Stay is GRANTED IN PART.Discovery due by 12/30/2016, Dispositive Motions due by 3/3/2017. Five day Jury Trial set to commence 6/12/2017 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 5/25/2017 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Kara Spitler. (jdyne, ) |
| Filing 33 REPLY to Response to #30 MOTION to Dismiss or Alternatively, Stay the Action filed by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
| Filing 32 NOTICE of Entry of Appearance by David J. McGlothlin on behalf of Brian A. WalshAttorney David J. McGlothlin added to party Brian A. Walsh(pty:pla) (McGlothlin, David) |
| Filing 31 BRIEF in Opposition to #30 MOTION to Dismiss or Alternatively, Stay the Action filed by Plaintiff Brian A. Walsh. (McEahern, Sarah) |
| Filing 30 MOTION to Dismiss or Alternatively, Stay the Action by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
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Filing 29
ORDER finding as moot #20 Motion to Certify Class. By Judge R. Brooke Jackson on 1/29/16. Text Only Entry(rbjsec.)
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Filing 28
ORDER finding as moot #19 MOTION to Dismiss or, Alternatively, Stay the Action. By Judge R. Brooke Jackson on 1/29/16. Text Only Entry(rbjsec. )
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| Filing 27 NOTICE re #20 MOTION to Certify Class Request to Withdraw Motion by Plaintiff Brian A. Walsh (McEahern, Sarah) |
| Filing 26 RESPONSE to #20 MOTION to Certify Class filed by Defendant Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Morr, Matthew) |
| Filing 25 NOTICE of Supplemental Authorities in Support of Plaintiff's Opposition re: #21 Brief in Opposition to Motion, #19 MOTION to Dismiss or, Alternatively, Stay the Action by Plaintiff Brian A. Walsh (McEahern, Sarah) |
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Filing 24
MINUTE ORDER: A Scheduling Conference is set for March 25, 2016 at 1:30 p.m. in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 1/21/2016. Text Only Entry (rbjsec.)
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Filing 23
ORDER granting #22 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Certify Class. The response is now due February 2, 2016. By Judge R. Brooke Jackson on 1/21/16. Text Only Entry(rbjsec. )
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Certify Class by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
| Filing 21 BRIEF in Opposition to #19 MOTION to Dismiss or, Alternatively, Stay the Action filed by Plaintiff Brian A. Walsh. (McEahern, Sarah) |
| Filing 20 MOTION to Certify Class by Plaintiff Brian A. Walsh. (Attachments: #1 Exhibit Declaration of Abbas Kazerounian in Support of Plaintiff's Motion, #2 Proposed Order (PDF Only) Proposed Order Granting Plaintiff's Motion for Certification of the Class)(McEahern, Sarah) |
| Filing 19 MOTION to Dismiss or, Alternatively, Stay the Action by Defendant Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1)(Morr, Matthew) |
| Filing 18 NOTICE of Entry of Appearance by Seyed Abbas Kazerounian on behalf of Brian A. WalshAttorney Seyed Abbas Kazerounian added to party Brian A. Walsh(pty:pla) (Kazerounian, Seyed Abbas) |
| Filing 17 NOTICE of Entry of Appearance by Joshua Branden Swigart on behalf of Brian A. WalshAttorney Joshua Branden Swigart added to party Brian A. Walsh(pty:pla) (Swigart, Joshua) |
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Filing 16
ORDER granting #13 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint. By Judge R. Brooke Jackson on 12/15/15. Text Only Entry(rbjsec. )
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| Filing 15 AMENDED COMPLAINT First Amended Complaint against Specialized Loan Servicing, LLC, filed by Brian A. Walsh.(McEahern, Sarah) |
| Filing 14 NOTICE of Filing Amended Pleading First Amended Complaint by Plaintiff Brian A. Walsh (Attachments: #1 Exhibit Exhibit B-Changes Made to Complaint)(McEahern, Sarah) |
| Filing 13 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Specialized Loan Servicing, LLC. (Morr, Matthew) |
| Filing 12 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Specialized Loan Servicing, LLC. Specialized Loan Servicing, LLC answer due 12/11/2015. (Morr, Matthew) |
| Filing 11 NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #9 Notice of Entry of Appearance, #10 Notice of Entry of Appearance : Sarah T. McEahern; Joshua B. Swigart; Abbas Kazerounian have failed to comply with D.C.COLO.LCivR5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Criminal Cases) which mandate that the s/ signature must match the filers name on the account for which the login and password are registered. In addition, these documents do not have s/ signatures so the attorneys have not been added to this case. Failure in the future to follow these procedures may lead to mandatory CM/ECF training, or action by the court. (Text Only Entry) (athom, ) Modified on 9/10/2015 to correct text (athom, ). |
| Filing 10 NOTICE of Entry of Appearance of Abbas Kazerounian by Sarah T. McEahern on behalf of Brian A. Walsh (McEahern, Sarah) |
| Filing 9 NOTICE of Entry of Appearance of Joshua B. Swigart by Sarah T. McEahern on behalf of Brian A. Walsh (McEahern, Sarah) |
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Filing 8
ORDER granting #6 Motion for Leave to Restrict. By Judge R. Brooke Jackson on 8/24/15. Text Only Entry(rbjsec. )
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Filing 7
ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. The parties are directed to jointly contact Chambers by telephone at (303) 844-4694 or by email at Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date. Please see the order for details. By Judge R. Brooke Jackson on 8/24/2015. (rbjsec.)
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| Filing 6 MOTION for Leave to Restrict by Plaintiff Brian A. Walsh. (McEahern, Sarah) |
| Filing 5 CASE REASSIGNED. Pursuant to #4 Memorandum.This case is reassigned toJudge R. Brooke Jackson.All future pleadings should be designated as 15-cv-1803-RBJ. (Text Only Entry) (jhawk, ) |
| Filing 4 MEMORANDUM. Exercising my prerogative as a Senior Judge, I request that this civil action be reassigned by Senior Judge Kane. (jhawk, ) |
| Filing 3 SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule. (Attachments: #1 Magistrate Judge Consent Form) (jgonz, ) |
| Filing 2 Case assigned to Judge John L. Kane and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry. (jgonz, ) |
| Filing 1 COMPLAINT for Damages against Specialized Loan Servicing, LLC (Filing fee $ 400,Receipt Number 1082-4564554)Attorney Sarah T. McEahern added to party Brian A. Walsh(pty:pla), filed by Brian A. Walsh. (Attachments: #1 Exhibit A, #2 Summons, #3 Civil Cover Sheet)(McEahern, Sarah) Modified on 8/21/2015 - to make Exhibit A a Level 1 Restricted Document - counsel with file a motion if they want it to remain restricted (athom, ). |
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