Massey (PS) v. Rithm Capital Corp. et al
| James H. Massey |
| Rithm Capital Corp., Newrez LLC a wholly owned subsidiary of Rithm Capital Corporation doing business as Shellpoint Mortgage Servicing formerly known as Specialize Loan Servicing LLC and Specialize Loan Servicing LLC |
| 1:2024cv03547 |
| December 23, 2024 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| Charlotte N Sweeney |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 34 REPLY to Response to #18 MOTION to Dismiss for Failure to State a Claim filed by Defendants Newrez LLC, Rithm Capital Corp.. (VanVactor, Zachary) |
| Filing 33 RESPONSE in Opposition to #18 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff James H. Massey. (sphil, ) (Additional exhibits added on 2/18/2025: #1 Exhibit A-B, #2 Exhibit C-D) (sphil, ). Modified on 2/18/2025 (sphil, ). |
| Filing 32 REPLY to Response to #21 MOTION to Remand filed by Plaintiff James H. Massey. (sphil, ) |
| Filing 31 CERTIFICATE of Mailing/Service re #30 Response to Motion, by Defendants Newrez LLC, Rithm Capital Corp.. (VanVactor, Zachary) |
| Filing 30 RESPONSE to #21 MOTION to Remand filed by Defendants Newrez LLC, Rithm Capital Corp.. (Attachments: #1 Exhibit 1 - Massey IV, Final Order, #2 Exhibit 2 - Massey IV, Verified Compl., #3 Exhibit 3 - Massey IV, Am. Verified Compl., #4 Exhibit 4 - Colo. Sec'y of State filings & records)(VanVactor, Zachary) |
| Filing 29 NOTICE OF FILING OF SUPPLEMENT TO RECORD OF REMOVED STATE COURT PROCEEDINGS by Defendants Newrez LLC, Rithm Capital Corp. (Attachments: #1 Exhibit 1 - Order entered 12/27/24 closing state court action, #2 Exhibit 2 - Pl.'s motion urging that the court declare Defendants notice of removal as frivolous, and continue retaining jurisdiction over this matter, dated 12/28/24, #3 Exhibit 3 - Pl.'s "motion/application for default judgment," dated 12/28/24, #4 Exhibit 4 - Order entered 12/30/24 denying Pl.'s motion for entry of default, #5 Exhibit 5 - Order entered 1/2/25 denying Pl.'s motion for default judgment, #6 Exhibit 6 - "Order entered 1/2/25 denying Pl.'s motion urging that the court declare Defendants notice of removal as frivolous, and continue retaining jurisdiction over this matter, #7 Exhibit 7 - Pl.'s motion for reconsideration of order denying Plaintiffs motion for court to retain jurisdiction in this matter, dated 1/13/25, #8 Exhibit 8 - Order entered 1/17/25 denying Pl.'s motion for reconsideration of order denying Plaintiffs motion for court to retain jurisdiction in this matter)(VanVactor, Zachary) |
| Filing 28 NOTICE OF CASE ASSOCIATION (SUPPLEMENTAL) by Zachary Myers VanVactor on behalf of Newrez LLC, Rithm Capital Corp. (Attachments: #1 Exhibit - Massey IV, Final Order Granting Defendants' Motions to Dismiss (entered Feb. 3, 2025))(VanVactor, Zachary) |
| Filing 27 CERTIFICATE of Mailing by USPS by Clerk of Court re 26 Order on Motion for Extension of Time to File Response/Reply,,, to James H. Massey at 440 Claypool Boyce Road Alvaton KY 42122. Text Only Entry (agryan) |
Filing 26
ORDER by Magistrate Judge Susan Prose on 1/28/2025, granting Plaintiff's #24 Motion for Extension of Time. In ONLY this instance, the court will not require Plaintiff to confer with Defendants' counsel before filing the motion. However, Plaintiff shall take note that going forward, before filing any non-dispositive motion he must either certify good faith efforts to confer or state enough facts to demonstrate good cause for why he could not do so. See Local Rule 7.1. The court may summarily deny any non-dispositive motions for failure to comply with that rule. Plaintiff's response to the motion to dismiss is due 2/18/2025. Plaintiff shall mail his response in sufficient time for the court to receive it by that date. Text Only Entry (sbplc1)
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| Filing 25 MEMORANDUM regarding #24 MOTION for Extension of Time to File Response as to #18 MOTION to Dismiss for Failure to State a Claim filed by James H. Massey. Motion #24 is referred to Magistrate Judge Susan Prose, by Judge Charlotte N. Sweeney on 1/23/2025. Text Only Entry (cnsja, ) |
| Filing 24 MOTION for Extension of Time to File Response as to #18 MOTION to Dismiss for Failure to State a Claim by Plaintiff James H. Massey. (sphil, ) |
| Filing 23 CERTIFICATE of Mailing by USPS by Clerk of Court re 22 Memorandum to James H. Massey at 440 Claypool Boyce Road Alvaton, KY 42122. Text Only Entry (agryan) |
| Filing 22 MEMORANDUM regarding #21 MOTION to Remand filed by James H. Massey. Motion #21 is referred to Magistrate Judge Susan Prose, by Judge Charlotte N. Sweeney on 1/14/2025. Text Only Entry (cnsja, ) |
| Filing 21 MOTION to Remand by Plaintiff James H. Massey. (sphil, ) |
| Filing 20 CERTIFICATE of Mailing by USPS by Clerk of Court re 19 Memorandum to James H. Massey at 440 Claypool Boyce Road, Alvaton, KY 42122. Text Only Entry. (sadhi, ) |
| Filing 19 MEMORANDUM regarding #18 Motion to Dismiss for Failure to State a Claim. Motion #18 is referred to Magistrate Judge Susan Prose, by Judge Charlotte N. Sweeney on 1/14/2025. Text Only Entry (cnsja, ) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim by Defendants Newrez LLC, Rithm Capital Corp.. (VanVactor, Zachary) |
| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Defendants Newrez LLC, Rithm Capital Corp. All parties do not consent.. (VanVactor, Zachary) |
| Filing 16 CERTIFICATE of Service by US Mail by Clerk of Court re 15 Order on Motion for Extension of Time to Answer or Otherwise Respond. Sent to James H. Massey, 440 Claypool Boyce Road, Alvaton, KY, 42122. Text Only Entry (sjeff) |
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Filing 15
ORDER by Magistrate Judge Susan Prose on 1/08/2025, granting Defendants' motion for extension of time. Although the motion indicates that Plaintiff does not consent to the request, Defendants' request for a modest extension of time to answer is reasonable, particularly in light of the intervening winter holidays. Defendants' deadline to answer or otherwise respond to the complaint is extended to 1/13/2025. Text Only Entry(sjeff)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Susan Prose 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here (www.cod.uscourts.gov/Judicial Officers). ECF No. #7 Defendants' Motion for Initial Extension of Time to Respond to Plaintiff's Complaint is referred to Magistrate Judge Susan Prose. By Judge Charlotte N. Sweeney on 1/6/25. Text Only Entry (jdyne)
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| Filing 13 CASE REASSIGNED Pursuant to #12 Memorandum Returning Case. This case is randomly reassigned to Judge Charlotte N. Sweeney. All future pleadings should be designated as 24-cv-03547-CNS. (Text Only Entry) (ccuen, ) |
| Filing 12 MEMORANDUM RETURNING CASE. Exercising my prerogative as a Senior Judge, I request that this civil action case be reassigned, by Senior Judge William J. Martinez (ccuen, ) |
| Filing 11 DISREGARD - FILED IN ERROR. SUMMONS issued by Clerk. (Attachments: #1 Summons) (ccuen, ) Modified for data entry error on 1/3/2025 (ccuen, ). |
| Filing 10 DISREGARD - FILED IN ERROR. CERTIFICATE of Service by Clerk of Court re #5 Complaint for Service of Process. (Attachments: #1 USMS Service Form, #2 USMS Service Form) (ccuen, ) Modified for data entry error on 1/3/2025 (ccuen, ). |
| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
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Filing 8
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 30 December 2024. ORDERED that this case shall be assigned to United States District Judge William J. Martinez and United States Magistrate Judge Susan Prose pursuant to D.C.COLO.LCivR 40.1(d) (1). See Massey v. Computershare Limited, et al., No. 21-CV-00601-WJM-SBP (D. Colo. 2024). (cmadr, )
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| Filing 7 First MOTION for Extension of Time to File Answer or Otherwise Respond re #5 Complaint by Defendants Newrez LLC, Rithm Capital Corp.. (Attachments: #1 Exhibit 1 - Correspondence)(VanVactor, Zachary) |
| Filing 6 CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been reassigned to Magistrate Judge Richard T. Gurley. All future pleadings should be designated as 24-CV-3547-RTG. (Text only entry.) (sadhi, ) |
| Filing 5 COMPLAINT: SUCCESOR LIABILITY for BREACH OF CONTRACT and FRAUD against Newrez LLC, Rithm Capital Corp.(sadhi, ) |
| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (sadhi, ) |
| Filing 3 DISREGARD Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (sadhi, ) Modified on 12/24/2024 (sadhi, ). |
| Filing 2 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (sadhi, ) |
| Filing 1 NOTICE OF REMOVAL by NEWREZ LLC d/b/a SHELLPONT MORTGAGE SERVICING from District Court of Douglas County, Colorado, Case Number 24CV145. (Filing fee $ 405, Receipt Number ACODC-10054696), filed by NEWREZ LLC d/b/a SHELLPONT MORTGAGE SERVICING. (Attachments: #1 Exhibit 1(a) - State Court Complaint, #2 Exhibit 1(b) - State Court Cover Sheet, #3 Exhibit 1(c) - Summons, #4 Exhibit 2 - State Court Docket Sheet, #5 Exhibit 3 - State Court Notice of Filing of Notice of Removal, #6 Exhibit - Entry of Appearance of Counsel, #7 Exhibit - Corporate Disclosure (Newrez LLC), #8 Exhibit - Corporate Disclosure (Rithm Capital Corp.), #9 Exhibit - Notice of Related Cases pursuant to D.C.COLO.LCivR 3.2, #10 Civil Cover Sheet)(VanVactor, Zachary) |
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