Viegas et al v. Owens et al
| Keri Lynn Viegas and James Viegas |
| NewRez LLC, Reed W. Owens, Chris Kilkenny, Kathleen Neel, Randall M. Chin, New Penn Financial LLC, Shellpoint Mortgage Servicing and Gena Osborn |
| 1:2023cv02939 |
| November 7, 2023 |
| US District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Philip A Brimmer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 58 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Shellpoint Partners LLC, Corporate Parent NRM Acquisition LLC, Corporate Parent NRM Acquisition II LLC, Corporate Parent New Residential Mortgage LLC, Corporate Parent Rithm Capital Corp. for NewRez LLC, Shellpoint Mortgage Servicing. (Bruyns, Megan) |
| Filing 57 RESPONSE to #53 MOTION to Set Aside 26 Clerk's Entry of Default filed by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Affidavit by james viegas, #2 Exhibit Shellpoint with Legal Notice Info)(Viegas, Keri) |
| Filing 56 RESPONSE to #43 MOTION to Dismiss for Failure to State a Claim by Defendant Kathleen Neel filed by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Exhibit Exhibit A - Emails, #2 Exhibit Exhibit B - ReRecorded No Notary Seal, #3 Exhibit Exhibit C - Brief to Support Constitutional Guarantees, #4 Exhibit Exhibit D - Judicial Notice and Wisdom from Supreme Court, #5 Exhibit Exhibit E - Analysis Background and Fact Witness Affidavit)(Viegas, Keri) |
| Filing 55 MEMORANDUM regarding #27 MOTION for Default Judgment as to defendants NEWREZ LLC and SHELLPOINT MORTGAGE SERVICING filed by Keri Lynn Viegas, James Viegas, #53 MOTION to Set Aside 26 Clerk's Entry of Default filed by NewRez LLC, Shellpoint Mortgage Servicing. Motions referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 12/29/2023. Text Only Entry (pabsec, ) |
| Filing 54 DECLARATION of Megan G. Bruyns regarding MOTION to Set Aside 26 Clerk's Entry of Default #53 by Defendants NewRez LLC, Shellpoint Mortgage Servicing. (Attachments: #1 Exhibit 1 - Colorado Secretary of State Summary)(Bruyns, Megan) |
| Filing 53 MOTION to Set Aside 26 Clerk's Entry of Default by Defendants NewRez LLC, Shellpoint Mortgage Servicing. (Bruyns, Megan) |
| Filing 52 Clerk's ENTRY OF DEFAULT as to Chris Kilkenny, Reed W. Owens re #50 Motion for Entry of Default. Text Only Entry. (jtorr, ) |
| Filing 51 CERTIFICATE of Mailing/Service re #50 MOTION for Default Judgment as to defendants Chris Kilkenny and Reed W. Owens by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 50 MOTION for Default Judgment as to defendants Chris Kilkenny and Reed W. Owens by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit with Service Members Relief Act Statements, #2 Proposed Order (PDF Only) Default Judgment Sum Certain)(Viegas, Keri) |
| Filing 49 CLERK'S NOTE REGARDING DEFAULT re: #45 Motion for Entry of Default and #47 Motion for Entry of Default. Default will not be entered as to Chris Kilkenny or Reed W. Owens, as the affidavit or declaration concerning defendants' military status required by Service Members Civil Relief Act was not filed. Text Only Entry. (jtorr, ) |
| Filing 48 CERTIFICATE of Mailing/Service re #47 MOTION for Entry of Default as to defendant Chris Kilkenny by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 47 MOTION for Entry of Default as to defendant Chris Kilkenny by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit, #2 Proposed Order (PDF Only))(Viegas, Keri) |
| Filing 46 CERTIFICATE of Mailing/Service re #45 MOTION for Entry of Default as to defendant Reed W. Owens by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 45 MOTION for Entry of Default as to defendant Reed W. Owens by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Affidavit in Support of Default Judgment, #2 Proposed Order (PDF Only) Entry of Default - Clerk)(Viegas, Keri) |
| Filing 44 MEMORANDUM regarding #43 MOTION to Dismiss for Failure to State a Claim filed by Kathleen Neel. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Chief Judge Philip A. Brimmer on 12/27/2023. Text Only Entry |
| Filing 43 MOTION to Dismiss for Failure to State a Claim by Defendant Kathleen Neel. (Attachments: #1 Exhibit A)(Kadolph, James) |
| Filing 42 NOTICE of Entry of Appearance by Megan K. Bruyns on behalf of NewRez LLC, Shellpoint Mortgage ServicingAttorney Megan K. Bruyns added to party NewRez LLC(pty:dft), Attorney Megan K. Bruyns added to party Shellpoint Mortgage Servicing(pty:dft) (Bruyns, Megan) |
| Filing 41 NOTICE of Entry of Appearance by Dennis Norman Lueck, Jr on behalf of NewRez LLC, Shellpoint Mortgage ServicingAttorney Dennis Norman Lueck, Jr added to party NewRez LLC(pty:dft), Attorney Dennis Norman Lueck, Jr added to party Shellpoint Mortgage Servicing(pty:dft) (Lueck, Dennis) |
| Filing 40 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #37 Motion for Extension of Time filed by attorney Jennifer C. Rogers. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, ) |
Filing 39
MINUTE ORDER granting #37 Defendant Randall M. Chin's Unopposed Motion for Extension of Time to File Responsive Pleading. Defendant Chin's deadline to answer or otherwise respond to the Complaint is extended to January 8, 2024. Additionally, the Court notes that it intends to address Defendant Osborn's #20 Motion for More Definite Statement at the January 10, 2023, Pre-Scheduling Conference. By Magistrate Judge Maritza Dominguez Braswell on 12/18/2023. Text Only Entry(mdblc1, )
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| Filing 38 MEMORANDUM regarding #37 MOTION for Extension of Time to File Answer or Otherwise Respond filed by Randall M. Chin. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 12/15/2023. Text Only Entry (pabsec, ) |
| Filing 37 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Randall M. Chin. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Re Motion for Extension of Time to Respond)(Rogers, Jennifer) |
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Filing 36
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 2/5/2024. By Magistrate Judge Maritza Dominguez Braswell on 12/14/2023. (evaug)
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| Filing 35 MEMORANDUM regarding #20 MOTION for More Definite Statement filed by Gena Osborn. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 12/14/2023. Text Only Entry (pabsec, ) |
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Filing 34
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (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) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 12/14/2023. Text Only Entry (pabsec, )
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Filing 33
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/14/2023, re: Orders to Show Cause, Docket Nos. #14 and #29 , are hereby DISCHARGED. (jtorr, )
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| Filing 32 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #31 Notice of Entry of Appearance filed by attorney Jennifer C. Rogers. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, ) |
| Filing 31 NOTICE of Entry of Appearance by Jennifer C. Rogers on behalf of Randall M. ChinAttorney Jennifer C. Rogers added to party Randall M. Chin(pty:dft) (Rogers, Jennifer) |
| Filing 30 RESPONSE TO ORDER TO SHOW CAUSE re #14 , #29 by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
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Filing 29
DISCHARGED SECOND ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 12/11/2023. ORDERED that, on or before December 22, 2023, plaintiffs shall identify whether plaintiffs "Keri Lynn Viegas" and "James Viegas" are natural persons or trusts, and if natural persons, what the difference is between "Keri Lynn Viegas" and Keri Lynn Viegas and between "James Viegas" and James Viegas. (jtorr, ) Modified on 12/14/2023 to discharge pursuant to #33 Minute Order. (jtorr, )
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| Filing 28 CERTIFICATE of Mailing/Service re #27 MOTION for Default Judgment as to defendants NEWREZ LLC and SHELLPOINT MORTGAGE SERVICING by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 27 MOTION for Default Judgment as to defendants NEWREZ LLC and SHELLPOINT MORTGAGE SERVICING by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Affidavit in Support of Default Judgment, #2 Proposed Order (PDF Only) Default Judgment Sum Certain)(Viegas, Keri) |
| Filing 26 Clerk's ENTRY OF DEFAULT as to NewRez LLC and Shellpoint Mortgage Servicing re: #24 Motion for Entry of Default. Text Only Entry. (jtorr, ) |
| Filing 25 CERTIFICATE of Mailing/Service re #24 MOTION for Entry of Default as to defendants NEWREZ LLC and SHELLPOINT MORTGAGE SERVICING by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
| Filing 24 MOTION for Entry of Default as to defendants NEWREZ LLC and SHELLPOINT MORTGAGE SERVICING by Plaintiffs James Viegas, Keri Lynn Viegas. (Attachments: #1 Affidavit Affidavit in Support of Default, #2 Proposed Document Entry of Default - Clerk)(Viegas, Keri) |
| Filing 23 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of Kathleen NeelAttorney Eric Michael Ziporin added to party Kathleen Neel(pty:dft) (Ziporin, Eric) |
| Filing 22 NOTICE of Entry of Appearance by James Cullen Taravella on behalf of Gena OsbornAttorney James Cullen Taravella added to party Gena Osborn(pty:dft) (Taravella, James) |
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Filing 21
ORDER by Chief Judge Philip A. Brimmer on 12/7/2023 re: #17 Defendant Kathleen Neel's Unopposed Motion for an Extension of Time to File Responsive Pleading is GRANTED. Defendant Kathleen Neel may file a responsive pleading on or before December 27, 2023. Text Only Entry(pabsec, )
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| Filing 20 MOTION for More Definite Statement by Defendant Gena Osborn. (Attachments: #1 Proposed Order (PDF Only))(Osborn, Nathan) |
| Filing 19 NOTICE of Entry of Appearance by Warren N. Eckloff, III on behalf of Gena OsbornAttorney Warren N. Eckloff, III added to party Gena Osborn(pty:dft) (Eckloff, Warren) |
| Filing 18 NOTICE of Entry of Appearance by Nathan G. Osborn on behalf of Gena OsbornAttorney Nathan G. Osborn added to party Gena Osborn(pty:dft) (Osborn, Nathan) |
| Filing 17 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Kathleen Neel. (Kadolph, James) |
| Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #15 Response to Order to Show Cause filed by Pro Se E-Filer Keri Lynn Viegas. Pro Se E-Filer has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/followed by a typed, not an inked, signature to all documents.(Text Only Entry) (jtorr, ) |
| Filing 15 CLAIM by Plaintiffs James Viegas, Keri Lynn Viegas. (Viegas, Keri) |
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Filing 14
DISCHARGED ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 11/28/2023. ORDERED that, on or before December 12, 2023, plaintiffs shall identify whether "Keri Lynn Viegas" and "James Viegas" are individuals or business entities. If plaintiffs are business entities, plaintiffs shall identify what type of entities "Keri Lynn Viegas" and "James Viegas" are and shall explain why the individuals, James Viegas and Keri Lynn Viegas, are beneficiaries for those entities. (jtorr, ) Modified on 12/14/2023 to discharge pursuant to #33 Minute Order. (jtorr, )
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| Filing 13 SUMMONS Returned Executed by James Viegas, Keri Lynn Viegas. Randall M. Chin served on 11/26/2023, answer due 12/18/2023. (Viegas, Keri) |
| Filing 12 SUMMONS Returned Executed by James Viegas, Keri Lynn Viegas. Reed W. Owens served on 11/15/2023, answer due 12/6/2023. (Viegas, Keri) |
| Filing 11 SUMMONS Returned Executed by James Viegas, Keri Lynn Viegas. Chris Kilkenny served on 11/15/2023, answer due 12/6/2023. (Viegas, Keri) |
| Filing 10 SUMMONS Returned Executed by James Viegas, Keri Lynn Viegas. Gena Osborn served on 11/15/2023, answer due 12/6/2023. (Viegas, Keri) |
| Filing 9 SUMMONS Returned Executed by James Viegas, Keri Lynn Viegas. Kathleen Neel served on 11/15/2023, answer due 12/6/2023. (Viegas, Keri) |
| Filing 8 CASE REASSIGNED Pursuant to #7 CONSENT to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 23-cv-02939-PAB. (Text Only Entry) (jcharl, ) |
| Filing 7 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Keri Lynn Viegas All parties do not consent.. (Viegas, Keri) |
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Filing 6
MINUTE ORDER: A Pre-Scheduling Conference is SET for January 10, 2024, at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 11/21/2023. Text Only Entry (mdblc1)
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| Filing 5 SUMMONS Returned Executed by James Viegas, Keri Lynn Viegas. NewRez LLC served on 11/8/2023, answer due 11/29/2023. (Viegas, Keri) |
| Filing 4 SUMMONS Returned Executed by James Viegas, Keri Lynn Viegas. Shellpoint Mortgage Servicing served on 11/9/2023, answer due 11/30/2023. (Viegas, Keri) |
| Filing 3 SUMMONS issued over-the-counter by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (blaws) |
| Filing 2 Case assigned to Magistrate Judge Maritza Dominguez Braswell.Text Only Entry. (blaws) |
| Filing 1 COMPLAINT against Randall M. Chin, Chris Kilkenny, Kathleen Neel, NewRez LLC, Gena Osborn, Reed W. Owens, Shellpoint Mortgage Servicing (Filing Fee: $402.00, Receipt Number: 108775), filed by James Viegas, Keri Lynn Viegas. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit) (blaws) Modified on 12/8/2023 to restrict attachment 3 per Chambers. (jtorr, ) |
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