Herman v. The Mr/ Cooper Group Inc.
| Kathleen Herman |
| The Mr/ Cooper Group Inc. doing business as Nationstar Mortgage and The Mr. Cooper Group Inc. doing business as Nationstar Mortgage |
| 2:2023cv00948 |
| October 25, 2023 |
| US District Court for the Middle District of Florida |
| Kyle C Dudek |
| John E Steele |
| Banks and Banking |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 33
TRANSFER IN from the Southern District of New York. Case assigned to District Judge Steele and Magistrate Judge Dudek. New Case Number: 2:23-cv-948-JES-KCD. (SMG)
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Filing 32
Case transferred in from District of New York Southern; Case Number 7:22-cv-08952. File received electronically
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Middle District of Florida. (mml) [Transferred from nysd on 10/25/2023.]
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Filing 31
OPINION AND ORDER re: #24 MOTION to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6) filed by The Mr/ Cooper Group Inc. The motion to dismiss under Rule 12(b)(3) is DENIED. The motion to transfer this action to the Middle District of Florida is GRANTED. The Clerk is directed to transfer this action to the U.S. District Court for the Middle District of Florida pursuant to 28 U.S.C. 1406(a) and terminate the motion. (Doc. #24). Chambers will mail a copy of this Opinion and Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/19/2023) Copies Mailed By Chambers. (mml) Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 10/25/2023.]
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Filing 30
CERTIFICATE OF SERVICE of Motion Reply served on Plaintiff on May 24, 2023. Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 29
REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6). . Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 28
PLAINTIFF'S BRIEF(MEMORANDUM OF LAW) IN OPPOSITION TO NATIONSTAR MOTION TO DISMISS, re: #24 MOTION to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6). Document filed by Kathleen Herman. (sc) [Transferred from nysd on 10/25/2023.]
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Filing 27
CERTIFICATE OF SERVICE of Motion to Dismiss served on Plaintiff on April 19, 2023. Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 26
MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6). . Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 25
DECLARATION of Brian P. Scibetta, Esq. in Support re: #24 MOTION to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6).. Document filed by The Mr/ Cooper Group Inc.. (Attachments: #1 Exhibit A - Mortgage, #2 Exhibit B - Assignment of Mortgage, #3 Exhibit C - Merger Doc, #4 Exhibit D - Service transfer letter, #5 Exhibit E - Correspondence with plaintiff).(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 24
MOTION to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(3) and 12(b)(6). Document filed by The Mr/ Cooper Group Inc.. Responses due by 5/10/2023.(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 23
ORDER denying without prejudice #9 Motion to Dismiss. Accordingly, it is hereby ORDERED that: 1. The Court will consider plaintiffs amended complaint, which the Court deems timely and properly filed based on plaintiffs March 29, 2023, deadline to respond to the motion. The Court does not appreciate defendant's overly technical arguments otherwise, particularly given that defendant consented to plaintiffs requested extension. And even if plaintiffs time to file an amended complaint "as a matter of course" under Rule 15(a)(1)(B) has expired, the Court grants plaintiff, who is proceeding prose, leave to file the amended complaint pursuant to Rule 15(a)(2) because "justice so requires." 2. Defendant's motion to dismiss (Doc. #9) is DENIED WITHOUT PREJUDICE in light of plaintiffs amended complaint. 3. By April 19, 2023, defendant shall answer, move, or otherwise respond to the amended complaint. 4. If defendant moves to dismiss the amended complaint, plaintiffs opposition will be due May 10, 2023, and defendant's reply will be due May 24, 2023. Chambers will mail a copy of this Order to plaintiff at the address on the docket. The Clerk is instructed to terminate the pending motion. (Doc. #9). SO ORDERED.. (Signed by Judge Vincent L. Briccetti on 4/6/2023) Copies Mailed By Chambers. (ks) Modified on 4/6/2023 (ks). [Transferred from nysd on 10/25/2023.]
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Set/Reset Deadlines: The Mr/ Cooper Group Inc. answer due 4/19/2023. Motions due by 4/19/2023. Responses due by 5/10/2023 Replies due by 5/24/2023. (ks) [Transferred from nysd on 10/25/2023.]
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Filing 22
CERTIFICATE OF SERVICE of Reply Memorandum of Law served on Plaintiff on 4/5/2023. Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 21
REPLY MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss . . Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 20
AMENDED COMPLAINT, Re: amending #1 Complaint against The Mr/ Cooper Group Inc. Document filed by Kathleen Herman. Related document: #1 Complaint.(sc) [Transferred from nysd on 10/25/2023.]
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Filing 19
AFFIRMATION OF SERVICE. Document filed by Kathleen Herman. (ok) [Transferred from nysd on 10/25/2023.]
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Filing 18
MEMO ENDORSEMENT on re: #17 Letter, filed by Kathleen Herman, ENDORSEMENT: APPLICATION GRANTED: Plaintiffs time to oppose the motion to dismiss is extended to 3/29/2023. Defendant's reply, if any, is due 4/5/2023. Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED (Signed by Judge Vincent L. Briccetti on 3/13/2023) ( Replies due by 4/5/2023., Responses due by 3/29/2023) Copies Mailed By Chambers. (ks) [Transferred from nysd on 10/25/2023.]
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Filing 17
LETTER addressed to Judge Vincent L. Briccetti from K. Herman, dated 3/11/23 re: After reaching out to Charles Jeanfreau, Esq. and Brian P. Scibetta, the attorneys for Nationstar Mortgage, LLC d/b/a Mr. Cooper, and since they have no objection to our requests etc., we request that the Court extend our time from 3/14/23 until 3/29/23 to respond to their motion filed on 2/20/23. Document filed by Kathleen Herman.(sc) [Transferred from nysd on 10/25/2023.]
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Filing 16
LETTER addressed to Judge Vincent L. Briccetti from K. Herman, dated 3/9/23 re: We reached out to Charles Jeanfreau, Esq., the attorney for The Mr. Cooper Group, to see if they would not object to a fifteen-day extension for me to respond to the last motion which they filed on 2/20/23. They have not objection to move the calendar from 3/14/23 until 3/29/23. Document filed by Kathleen Herman.(sc) [Transferred from nysd on 10/25/2023.]
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nationstar Mortgage Holdings Inc., Corporate Parent Nationstar Sub1 LLC, Corporate Parent Nationstar Sub2 LLC, Corporate Parent Mr. Cooper Group Inc. for The Mr/ Cooper Group Inc.. Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Brian Peter Scibetta to RE-FILE Document No. #12 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) [Transferred from nysd on 10/25/2023.]
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Filing 14
CERTIFICATE OF SERVICE of Motion to Dismiss served on Plaintiff on February 21, 2023. Service was made by Mail. Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 13
ORDER: Accordingly, it is hereby ORDERED that: 1. Plaintiff's opposition to defendant's motion to dismiss is due March 14, 2023. The Court will mail plaintiff a copy of the Motions Guide for Pro Se Litigants, which describes the procedure for a motion to dismiss. Plaintiff is expected to review the Motions Guide and follow the instructions therein. 2. Defendant's reply, if any, is due March 21, 2023. Chambers will mail a copy of this Order, as well as a copy of the Motions Guide, to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/21/2023) ( Replies due by 3/21/2023., Responses due by 3/14/2023) Copies Mailed By Chambers. (ks) [Transferred from nysd on 10/25/2023.]
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Filing 12
FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mr. Cooper Group Inc. for The Mr/ Cooper Group Inc.. Document filed by The Mr/ Cooper Group Inc...(Scibetta, Brian) Modified on 2/22/2023 (lb). [Transferred from nysd on 10/25/2023.]
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Filing 11
NOTICE OF APPEARANCE by Brian Peter Scibetta on behalf of The Mr/ Cooper Group Inc...(Scibetta, Brian) [Transferred from nysd on 10/25/2023.]
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Filing 10
DECLARATION of Charles H. Jeanfreau in Support re: #9 MOTION to Dismiss .. Document filed by The Mr/ Cooper Group Inc.. (Attachments: #1 Exhibit Mortgage, #2 Exhibit Assignment, #3 Exhibit Merger Documents, #4 Exhibit Servicing Transfer Letter, #5 Exhibit Letters and Responses).(Jeanfreau, Charles) [Transferred from nysd on 10/25/2023.]
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Filing 9
MOTION to Dismiss . Document filed by The Mr/ Cooper Group Inc.. (Attachments: #1 Exhibit Memorandum of Law In Support, #2 Exhibit Local Civil Rule 12.1 Notice).(Jeanfreau, Charles) [Transferred from nysd on 10/25/2023.]
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Filing 8
NOTICE OF APPEARANCE by Charles Jeanfreau on behalf of The Mr/ Cooper Group Inc...(Jeanfreau, Charles) [Transferred from nysd on 10/25/2023.]
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Filing 7
ORDER: Accordingly, by February 20, 2023, provided defendant has not answered, moved, or otherwise responded to the complaint, plaintiff is ORDERED to seek a certificate of default in compliance with Rule 16.1. Thereafter, by March 20, 2023, plaintiff shall file a motion for default judgment against defendant. Should plaintiff require procedural advice on moving for a default judgment, she should contact the Court's Pro Se Intake Unit, available by mail at 40 Foley Square, Room 105, New York, New York 10007, and by phone at (212) 805-0175. Chambers will mail a copy of this Order and the form Clerk's Certificate of Default to plaintiff at the address on the docket. SO ORDERED. (Motions due by 3/20/2023.) (Signed by Judge Vincent L. Briccetti on 1/13/2023) Copies Mailed By Chambers. (mml) [Transferred from nysd on 10/25/2023.]
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Filing 6
AFFIDAVIT(Affirmation of Kathleen Herman) IN SUPPORT OF REQUEST OF CERTIFICATE OF DEFAULT. Document filed by Kathleen Herman. (sc) [Transferred from nysd on 10/25/2023.]
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Filing 5
AFFIDAVIT OF SERVICE of Summons and Complaint. The Mr. Cooper Group Inc., served on 12/14/2022, answer due 1/4/2023. Service was accepted by Sharon Brunez, Paralegal. Document filed by Kathleen Herman. (sc) [Transferred from nysd on 10/25/2023.]
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Pro Se Staff Attorney Assignment Completed. (asg) [Transferred from nysd on 10/25/2023.]
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Filing 4
Screening Memo to Judge Recommending: No Recommendations. Fee Paid Case. (asg) [Transferred from nysd on 10/25/2023.]
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Filing 3
CIVIL COVER SHEET filed. (sc) [Transferred from nysd on 10/25/2023.]
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Filing 2
SUMMONS ISSUED as to The Mr. Cooper Group. (sha) [Transferred from nysd on 10/25/2023.]
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Mailed a copy of #2 Summons Issued to Kathleen Herman at 52 Pine Hill Rd, Pleasant Valley, NY 12569. (sha) [Transferred from nysd on 10/25/2023.]
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Pro Se Staff Attorney A. Green [Telephone Extension 0692] assigned case. Pro Se Staff Attorney Flag PSA-Green set. Pro Se Staff Attorney Action (Screening Memo to Judge/Sua Sponte Order to Dismiss, Amend or Transfer, or Order to Answer) due by 11/21/2022. (rdz) [Transferred from nysd on 10/25/2023.]
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Filing 1
COMPLAINT against The Mr/ Cooper Group Inc.. (Filing Fee $ 402.00, Receipt Number 162)Document filed by Kathleen Herman..(rdz) [Transferred from nysd on 10/25/2023.]
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Case Designated ECF. (rdz) [Transferred from nysd on 10/25/2023.]
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*** Set/Clear Flags *** Added flag(s):PRO SE. (rdz) [Transferred from nysd on 10/25/2023.]
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Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) [Transferred from nysd on 10/25/2023.]
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*** Set/Clear Flags *** Added flag(s):PRO SE REVIEW. (rdz) [Transferred from nysd on 10/25/2023.]
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