Petersen v. New Rez LLC et al
| Marvin Petersen |
| Mc Carthey & Holthaus LLC, NewRez LLC formerly known as New Penn Financial, LLC doing business as Shellpoint Mortgage Servicing and New Penn Financial, LLC |
| 1:2026cv01779 |
| April 27, 2026 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| Charlotte N Sweeney |
| Consumer Credit |
| 12 U.S.C. § 2601 Real Estate Settlement Procedure Act of 1974 (RESPA) |
| Plaintiff |
Docket Report
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| Filing 32 Defendants' ANSWER to #29 Amended Complaint by Mc Carthey & Holthaus LLC, NewRez LLC.(Morr, Matthew) |
Filing 31
ORDER finding as moot Motion for Extension of Time to Answer or Otherwise Respond re #29 Amended Complaint, ECF No. #27 . In light of Plaintiff's submission of an Amended Complaint, ECF No. #29 , the Defendant's Motion for an Extension of Time to Response to the Complaint (ECF No. #1 ), ECF No. #27 , is DENIED AS MOOT. Defendants' answer or response to the Amended Complaint, ECF No. #29 , is due by June 11, 2026. For future amendment of pleadings, Plaintiff's counsel is directed to review Local Rule D.C.COLO.LCivR 15.1. By Judge Charlotte N. Sweeney on 5/22/2026. Text Only Entry(cnsja, )
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Filing 30
ORDER denying #26 Motion to Substitute Counsel. The Court declines to grant withdrawal of counsel on a motion for substitution of counsel. Withdrawing counsel is directed to review this District's Local Rule D.C.COLO.LAttyR 5(b) and file a motion. By Judge Charlotte N. Sweeney on 5/22/2026. Text Only Entry(cnsja, )
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| Filing 29 AMENDED COMPLAINT against All Defendants, filed by Marvin Petersen. (Attachments: #1 Exhibit Amended Complaint Tracked Changes)(Drazic, Blair) |
| Filing 28 NOTICE of Entry of Appearance by Andrew Phillip Valencia on behalf of Mc Carthey & Holthaus LLC, NewRez LLCAttorney Andrew Phillip Valencia added to party Mc Carthey & Holthaus LLC(pty:dft), Attorney Andrew Phillip Valencia added to party NewRez LLC(pty:dft) (Valencia, Andrew) |
| Filing 27 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, Defendants Unopposed Motion to Extend and Set Responsive Pleading Deadline by Defendants Mc Carthey & Holthaus LLC, NewRez LLC. (Morr, Matthew) |
| Filing 26 MOTION to Withdraw as Attorney NewRez LLC's Motion to Substitute Counsel by Defendant NewRez LLC. (Morr, Matthew) |
| Filing 25 NOTICE of Entry of Appearance by Matthew A. Morr on behalf of Mc Carthey & Holthaus LLC, NewRez LLCAttorney Matthew A. Morr added to party Mc Carthey & Holthaus LLC(pty:dft), Attorney Matthew A. Morr added to party NewRez LLC(pty:dft) (Morr, Matthew) |
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Filing 24
ORDER: The Court OVERRULES the Objection, ECF No. #23 , AFFIRMS AND ADOPTS the Recommendation, ECF No. #21 , and DENIES the Emergency Motion for Temporary Restraining Order, ECF No. #5 , and the Correction to the Motion, ECF No. #8 . By Judge Charlotte N. Sweeney on 5/12/2026.(cnsja, )
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| Filing 23 OBJECTION/Appeal of Magistrate Judge Decision to District Court re #21 Report and Recommendations,,,,,,,, URGENT by Plaintiff Marvin Petersen. (Attachments: #1 Exhibit Mortgage Servicing Article)(Drazic, Blair) |
| Filing 22 REPLY to Response to #5 Emergency MOTION for Temporary Restraining Order , #21 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #5 Emergency MOTION for Temporary Restraining Order filed by Marvin Petersen, #8 MOTION for Preliminary Injunction correction filed by Marvin Petersen filed by Plaintiff Marvin Petersen. (Attachments: #1 Exhibit Mortgage Servicing Article)(Drazic, Blair) |
| Filing 21 REPORT AND RECOMMENDATION of Magistrate Judge Susan Prose on 05/05/2026 re #5 Emergency MOTION for Temporary Restraining Order filed by Marvin Petersen, #8 MOTION for Preliminary Injunction correction filed by Marvin Petersen. As more fully set forth in the attached Report and Recommendation: The undersigned respectfully RECOMMENDS that Plaintiff's Amended Emergency Motion for Temporary Restraining Order (ECF No. 5) and his motion entitled "Correction to Amended Emergency Motion for Temporary Restraining Order" (ECF No. 8) be DENIED. The basis for this Recommendation is as follows: (1) Plaintiff's May 1, 2026 filing of exhibits (ECF No. 17) contains no memorandum of law, no legal argument, and no explanation connecting the exhibits to the requirements for injunctive relief, and therefore does not constitute the "appropriate documentation" required by ECF Nos. 10 and 15; and (2) Plaintiff failed to timely serve Defendant McCarthey & Holthaus LLC by the Court's May 1, 2026 deadline service was not effected until May 5, 2026 (ECF No. 19) and failed to notify the Court of that non-compliance. The stay of this litigation, including any potential sale of Plaintiff's property, remains in full force and effect through May 11, 2026, as previously ordered. After that date, the stay shall be lifted and the case shall proceed in the normal course. Defendant NewRez LLC's answer or other response is due May 22, 2026 (ECF No. 18). Defendant McCarthey & Holthaus LLC's answer or other response is due July 6, 2026 (ECF No. 19).Pursuant to Fed. R. Civ. P. 72(b) and 28 U.S.C. 636(b)(1)(B), any party may serve and file written objections to this Recommendation within fourteen (14) days after service. Failure to file timely objections may bar appellate review. See Morales-Fernandez v. INS, 418 F.3d 1116, 1119 (10th Cir. 2005). Objections to R&R due by 5/19/2026. (sbplc9, ) |
| Filing 20 BRIEF in Opposition to #8 MOTION for Preliminary Injunction correction, #5 Emergency MOTION for Temporary Restraining Order , #2 Emergency MOTION for Temporary Restraining Order filed by Defendants Mc Carthey & Holthaus LLC, NewRez LLC. (Attachments: #1 Affidavit of Anna Milan, #2 Exhibit 1 Note, #3 Exhibit 2 Deed of Trust, #4 Exhibit 3 Assignments, #5 Exhibit 4 Letter to Atty Drazic, #6 Exhibit 5 Loss Mit Correspondence, #7 Exhibit 6 Loss Mit Denial, #8 Affidavit of Ilene Dell'Acqua, #9 Exhibit 1 Order Authorizing Sale, #10 Exhibit 2 First BK Docket, #11 Exhibit 3 Second BK Docket, #12 Exhibit 4 Third BK Docket, #13 Exhibit 5 Statement of Payment Advices, #14 Exhibit 6 BK Schedules, #15 Exhibit 7 Proof of Claim, #16 Exhibit 8 Fourth BK Docket, #17 Exhibit 9 Bid, #18 Exhibit 10 Email from Drazic)(Shilliday, Holly) |
| Filing 19 SUMMONS Returned Executed upon defendant(s) Mc Carthey & Holthaus LLC served on 5/5/2026, answer due 7/6/2026. (Drazic, Blair) |
| Filing 18 SUMMONS Returned Executed by Marvin Petersen. NewRez LLC served on 5/1/2026, answer due 5/22/2026. (Drazic, Blair) |
| Filing 17 Exhibits in Support of 15 Order on Motion for Extension of Time to File,,,,,,,,, by Plaintiff Marvin Petersen. (Attachments: #1 Exhibit Modification Application, #2 Exhibit Fax Confirmation, #3 Exhibit Modification Application, #4 Exhibit Fax Confirmation, #5 Exhibit New Rez Bankruptcy Filings, #6 Exhibit Letter Returning Payments, #7 Exhibit Letter to Attorneys, #8 Exhibit Email from Bankruptcy Attorney, #9 Exhibit Email about so called hold)(Drazic, Blair) |
| Filing 16 SUMMONSES issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
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Filing 15
ORDER GRANTING #13 Plaintiff's Motion to Extend Deadlines in Order by Magistrate Judge Susan Prose on 4/30/26. This matter is before the Court on Plaintiff's Motion for Extension of Time to Comply with Order (ECF No. 13), filed April 30, 2026, which seeks to extend the deadlines set in the Court's Order of April 29, 2026 (ECF No. 10). The Court has carefully reviewed the Motion, the prior Order (ECF No. 10), and the docket. The Court is not convinced that good cause has been shown for the broad extension requested. The Motion contains internal inconsistencies regarding the nature and timing of the difficulties described, particularly the paralegal's availability and counsel's familiarity with document organization. Moreover, the 11:00 a.m. deadline in the prior Order applied only to the filing of supporting documentation for the pending Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction; it did not govern service of process. Nevertheless, in the interest of justice and to afford Plaintiff a limited, final opportunity to comply before the Court proceeds to consider the substantive relief requested, the Court hereby ORDERS as follows:1.Plaintiff shall file the appropriate documentation to support the requested injunctive relief no later than May 1, 2026, at 5:00 p.m. Mountain Time. 2.Plaintiff shall serve the Complaint, the Emergency Motion for Temporary Restraining Order, the corrected Motion for Preliminary Injunction (ECF No. 8), the supporting documentation required above, and a copy of this Order on Defendants no later than May 1, 2026, at 5:00 p.m. Mountain Time. Plaintiff shall promptly file proof of service on the docket upon completion.3.The remaining deadlines in the April 29, 2026 Order (ECF No. 10) are modified as follows: (1) Defendants shall file their response by May 5, 2026; (2) Plaintiff shall file a reply by May 7, 2026. 4.The stay of this litigation and of the resolution of the pending motionsincluding any potential sale of Plaintiffs propertyremains in full force and effect through May 11, 2026, as previously ordered. All other provisions of the April 29, 2026 Order not expressly modified herein remain unchanged.The Court emphasizes that this is a one-time, narrow accommodation. Future requests for extension of these deadlines are unlikely to be granted. Text Only Entry(sbplc9, )
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Filing 14
MEMORANDUM regarding #13 Motion for Extension of Time to Comply with Order. Motion #13 is referred to Magistrate Judge Susan Prose. By Judge Charlotte N. Sweeney on 4/30/2026. Text Only Entry (cnsja, )
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| Filing 13 MOTION for Extension of Time to Comply with Order by Plaintiff Marvin Petersen. (Drazic, Blair) |
| Filing 12 SUMMONS REQUEST as to McCarthey & Holthaus re #1 Complaint, by Plaintiff Marvin Petersen. (Drazic, Blair) |
| Filing 11 SUMMONS REQUEST as to New Rez LLC re #1 Complaint, by Plaintiff Marvin Petersen. (Drazic, Blair) |
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Filing 10
ORDER by Magistrate Judge Susan Prose on 04/29/2026. As more fully set forth in the attached order:The Court hereby ORDERS that Plaintiff file the appropriate documentation to support the Motion's requested relief no later than April 30, 2026 at 11:00 AM. Additionally, the Court hereby ORDERS that Plaintiff serve the complaint, the Motion, the related correction, ECF No. #8 , the supporting documentation ordered above, and a copy of this order on Defendants by April 30, 2026. Plaintiff shall promptly file proof of service on the docket.Defendants shall file their response by May 4, 2026, and Plaintiff shall file a reply by May 6, 2026.Finally, in light of the time-sensitive issue presented and given the Court's "inherent power to impose a stay when appropriate," the Court hereby ORDERS that this litigation and resolution of the Motion, including the potential sale of Plaintiff's Property, is hereby STAYED through May 11, 2026. See, e.g., Mueller v. Travelers Cas. Ins. Co. of Am., No. 1:18-cv-00822-RM-SKC, 2019 WL 13200059, at *1 (D. Colo. Feb. 21, 2019) (citing String Cheese Incident, LLC v. Stylus Shows, Inc., 02-cv-01934-LTB-PAC, 2006 WL 894955, *2 (D. Colo. Mar. 30, 2006)). The Court finds that a stay is appropriate at this time because (1) Plaintiff moved for the TRO and will not be prejudiced by delay, (2) a stay will provide the Court with additional time to consider the Motion, and (3) a stay will allow time for Plaintiff to serve Defendants in this action.Pursuant to Fed. R. Civ. P. 72, within fourteen (14) days after service of a Magistrate Judge's order or recommendation, any party may serve and file written objections with the Clerk of the United States District Court for the District of Colorado. Text Only Entry (sjeff)
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Filing 9
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. #5 Emergency MOTION for Temporary Restraining Order and #8 MOTION for Preliminary Injunction correction are referred to Magistrate Judge Susan Prose. By Judge Charlotte N. Sweeney on 4/29/2026. Text Only Entry (cnsja, ) Modified on 4/29/2026 to correct link (cnsja, ).
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| Filing 8 MOTION for Preliminary Injunction correction by Plaintiff Marvin Petersen. (Drazic, Blair) |
| Filing 7 CASE REASSIGNED Pursuant to 6 Order. Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 26-cv-01779-CNS. (Text Only Entry) (ccuen, ) |
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Filing 6
ORDER by Magistrate Judge Susan Prose on 04/29/2026. Pursuant to D.C.COLO.LCivR 40.1(c)(2)(a), a civil action in which a motion for injunctive relief is filed shall not be assigned directly to a Magistrate Judge. Accordingly, in light of the #5 Emergency Motion for Temporary Restraining Order, the Clerk's Office is directed to reassign this case to a United States District Judge. See ECF No. 11 in Nassardeen-Buckley v. U.S. Bank, Nat'l Ass'n as Tr. for Truman 2016 SC6 Title Tr., No. 18-cv-2249-WJM-SKC (D. Colo.). Text Only Entry (sjeff)
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| Filing 5 Emergency MOTION for Temporary Restraining Order by Plaintiff Marvin Petersen. (Drazic, Blair) |
| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) |
| Filing 2 Delta County District Court Verified MOTION for a Temporary Restraining Order by Plaintiff Marvin Petersen. (Drazic, Blair) Modified on 4/28/2026 to update document title (agarc, ). |
| Filing 3 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (agarc, ) |
| Filing 1 COMPLAINT against Mc Carthey & Holthaus LLC, New Rez LLC d/b/a Shellpoint (Filing fee $ 405,Receipt Number ACODC-10974865)Attorney Blair Kenneth Drazic added to party Marvin Petersen(pty:pla), filed by Marvin Petersen. (Attachments: #1 Civil Cover Sheet Civil Cover)(Drazic, Blair) |
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