Patel v. Capital One Financial Corp. et al
| Bharat B. Patel |
| Bayview Loan Servicing, LLC, Capital One Financial Corp., Ditech Financial, LLC, Residential Credit Solutions, Inc., The Bank of New York Mellon Corporation and Bank of America, N.A. |
| 1:2018cv03430 |
| July 17, 2018 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Henry |
| Janet F King |
| Leigh Martin May |
| Real Property: Foreclosure |
| 12 U.S.C. § 2601 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to Magistrate Judge Janet F. King. (hfm) |
Filing 32
ORDER directing Plaintiff to file a single document, namely, a Consolidated Amended Complaint, plus all exhibits Plaintiff seeks to rely upon (minus incorporations by reference of factual allegations or exhibits attached to the original complaint), within fourteen (14) days of the date of this Order. Upon receipt and filing of Plaintiffs Consolidated Amended Complaint, Defendants will have twenty-one (21) days to answer or otherwise respond. Signed by Magistrate Judge Janet F. King on 9/11/18. (ddm)
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| Clerk's Certificate of Mailing as to Bharat B. Patel re #32 Order. Notice of street name change for the Atlanta courthouse included. (ddm) |
| Filing 31 FIRST AMENDED COMPLAINT against Bank of America, N.A., Bayview Loan Servicing, LLC, Capital One Financial Corp., Ditech Financial, LLC, Residential Credit Solutions, Inc., The Bank of New York Mellon Corporation with Jury Demand filed by Bharat B. Patel.(hfm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Clerk's Certificate of Mailing as to Bharat B. Patel re NEF of Oral Order on Motion for Extension of Time to Answer. (hfm) |
| ORAL ORDER for Capitol One's motion, #30: Pending before the court is Defendant Capitol One's motion, #30, to extend the time to answer or otherwise respond to the complaint. Plaintiff was ordered to respond, if the motion is opposed, by close of business September 4, 2018; no response has been filed. For good cause shown, Defendant's motion, #30, is GRANTED, and the answer or other response to the complaint is extended to September 12, 2018. Magistrate Judge Janet F. King on 9/6/18. (hfm) |
| Submission of Order, to Magistrate Judge Janet F. King. (hfm) |
| Filing 30 MOTION for Extension of Time to Answer/File Response re: #1 Complaint, by Capital One Financial Corp.. (Attachments: #1 Text of Proposed Order)(Windham, Mark) |
| Filing 29 NOTICE of Appearance by Mark James Windham on behalf of Capital One Financial Corp. (Windham, Mark) |
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ORDER by docket entry only: Pending before the court is Defendant Capitol One Financial Corp.'s motion, [#30], to extend the time to answer or otherwise respond to the complaint to September 14, 2018 (currently due August 29, 2018). If Plaintiff opposes the motion, an expedited response is required by close of business September 4, 2018. Pending resolution of the motion, the deadline for Defendant to answer or otherwise respond is stayed. Signed by Magistrate Judge Janet F. King on 8/29/18. (hfm)
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ORDER by docket entry only: Pending before the court is Defendant Bank Of America's motion, #21 , to extend the time to answer or otherwise respond to the complaint. Plaintiff was ordered to respond, if the motion is opposed, by close of business August 28, 2018; no response has been filed. For good cause shown, Defendant's motion, #21 , is GRANTED, and the answer or other response to the complaint is extended to September 11, 2018. Signed by Magistrate Judge Janet F. King on 8/29/18. (hfm)
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| Clerk's Certificate of Mailing as to Bharat B. Patel re NEF of Docket entry only Order on #21 Motion for Extension of Time to Answer, and Docket entry only Order re #30 . (hfm) |
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ORAL ORDER granting Plaintiff's motion to extend time #27 to September 7, 2018 to file his response to the Motions to Dismiss #15 and #23 , and granting motion for excess pages as unopposed. Plaintiff shall not exceed 30 pages per response for the brief or not to exceed 45 pages for a joint response to both motions to dismiss. Signed by Magistrate Judge Janet F. King on 8/28/18. (hfm)
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| Clerk's Certificate of Mailing as to Bharat B. Patel re NEF of Oral Order on Motion for Extension of Time, Order on Motion for Leave to File Excess Pages. (hfm) |
| Clerks Notation re #28 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
| Clerks Notation re #28 Certificate of Interested Persons. READ and APPROVED by Magistrate Judge Janet F. King. (kt) |
| Filing 28 Certificate of Interested Persons by Bharat B. Patel. (hfm) |
| Filing 27 MOTION for Extension of Time to File Response re: #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for Leave to File Excess Pages by Bharat B. Patel. (Attachments: #1 Brief)(hfm) |
| Filing 26 AFFIDAVIT of Service for Summons and Verified Complaint, as to The Bank of New York Mellon Corporation. (hfm) |
| Filing 25 NOTICE Of Filing Executed Returns of Service by Bharat B. Patel. (hfm) |
| Clerk's Certificate of Mailing as to Bharat B. Patel, NEF re Oral Order. (hfm) |
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ORAL ORDER: Pending before the court is Defendant Bank of America's motion, #21 , to extend the time to answer or otherwise respond to the complaint to September 11, 2018 (currently due August 21, 2018). If Plaintiff opposes the motion, an expedited response is required by close of business August 28, 2018. Pending resolution of the motion, the deadline for Defendant to answer or otherwise respond is stayed. By Magistrate Judge Janet F. King on 8/22/18. (hfm)
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| Clerks Notation re #24 Corporate Disclosure Statement, #22 Corporate Disclosure Statement, reviewed and approved by LMM. (rvb) |
| Clerks Notation re #22 Corporate Disclosure Statement. READ and APPROVED by Magistrate Judge Janet F. King. (kt) |
| Clerks Notation re #24 Corporate Disclosure Statement. READ and APPROVED by Magistrate Judge Janet F. King. (kt) |
| Filing 24 Corporate Disclosure Statement by Ditech Financial, LLC identifying Corporate Parent Walter Investment Management Corp. for Ditech Financial, LLC by Ditech Financial, LLC.(Anderson, Keith) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ditech Financial, LLC. (Attachments: #1 Brief)(Anderson, Keith) |
| Filing 22 Corporate Disclosure Statement by Bank of America, N.A. identifying Corporate Parent Bank of America Corporation for Bank of America, N.A. by Bank of America, N.A..(Mendel, Jarrod) |
| Filing 21 MOTION for Extension of Time to File Answer re #1 Complaint, by Bank of America, N.A.. (Attachments: #1 Text of Proposed Order proposed order)(Mendel, Jarrod) |
| Filing 20 NOTICE of Appearance by Jarrod Sean Mendel on behalf of Bank of America, N.A. (Mendel, Jarrod) |
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Filing 19
ORDER granting #16 Motion to Stay the remaining pretrial deadlines as to the Bayview Group Defendants pending the District Courts decision on Defendants motion [Doc. 15] to dismiss the complaint. It is ORDERED that, if any issues remain in this action following the Courts ruling on the motion to dismiss, the parties obligation to participate in a Rule 26(f) conference be stayed until sixteen (16) days after the Bayview Group Defendants have filed an Answer; (2) that the parties obligation to serve ID and file a PRDP be stayed until thirty (30) days after the Bayview Group Defendants have filed an Answer; and (3) that the Discovery period shall commence thirty (30) days after the Bayview Group Defendants have filed an Answer. The court ORDERS any party who has entered an appearance to file the CIP within fourteen (14) days of entry of this order if the CIP has not already been filed. Signed by Magistrate Judge Janet F. King on 8/20/18. (hfm)
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| Clerks Notation re #17 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
| Clerk's Certificate of Mailing as to Bharat B. Patel re #18 Order on Motion for Leave to File Excess Pages. (hfm) |
| Clerk's Certificate of Mailing as to Bharat B. Patel re #19 Order on Motion to Stay. (hfm) |
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Filing 18
ORDER granting #14 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Janet F. King on 8/17/18. (hfm)
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| Filing 17 Certificate of Interested Persons and Corporate Disclosure Statement by Bayview Loan Servicing, LLC, Residential Credit Solutions, Inc., The Bank of New York Mellon Corporation identifying Corporate Parent MTGE Investment Corp. for Residential Credit Solutions, Inc.. (Wright, Kimberly) |
| Filing 16 MOTION to Stay Discovery and Pretrial Deadlines with Brief In Support by Bayview Loan Servicing, LLC, Residential Credit Solutions, Inc., The Bank of New York Mellon Corporation. (Attachments: #1 Brief, #2 Text of Proposed Order)(Wright, Kimberly) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Bayview Loan Servicing, LLC, Residential Credit Solutions, Inc., The Bank of New York Mellon Corporation. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Wright, Kimberly) |
| Filing 14 MOTION for Leave to File Excess Pages by Bayview Loan Servicing, LLC, Residential Credit Solutions, Inc., The Bank of New York Mellon Corporation. (Attachments: #1 Text of Proposed Order)(Wright, Kimberly) |
| Clerks Notation re #17 Certificate of Interested Persons. READ and APPROVED by Magistrate Judge Janet F. King. (kt) |
| Filing 13 Return of Service Executed by Bharat B. Patel. Bayview Loan Servicing, LLC served on 7/27/2018, answer due 8/17/2018. (hfm) |
| Filing 12 Return of Service Executed by Bharat B. Patel. Ditech Financial, LLC served on 7/31/2018, answer due 8/21/2018. (hfm) |
| Filing 11 Return of Service Executed by Bharat B. Patel. Residential Credit Solutions, Inc. served on 7/27/2018, answer due 8/17/2018. (hfm) |
| Filing 10 Return of Service Executed by Bharat B. Patel. Bank of America, N.A. served on 7/31/2018, answer due 8/21/2018. (hfm) |
| Filing 9 Return of Service Executed by Bharat B. Patel. Capital One Financial Corp. served on 8/8/2018, answer due 8/29/2018. (hfm) |
| Filing 8 NOTICE Of Filing Executed Returns of Service by Bharat B. Patel (hfm) |
| Filing 7 Summons Issued as to The Bank of New York Mellon Corporation. (hfm) |
| Filing 6 NOTICE of Request for Issuance of Summons by Bharat B. Patel. (hfm) |
| Filing 5 NOTICE to Pro Se Parties. Signed by Magistrate Judge Janet F. King on 7/19/18. (hfm) |
| Clerk's Certificate of Mailing as to Bharat B. Patel re #4 Order on Motion for TRO. (hfm) |
| Clerk's Certificate of Mailing as to Bharat B. Patel re #5 Notice to Pro Se Parties. (hfm) |
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Filing 4
ORDER denying #3 Motion for TRO. Signed by Judge Leigh Martin May on 7/18/18. (hfm)
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ORDER REFERRING CASE to Magistrate Judge Janet F. King, included within #4 Order on Motion for Temporary Restraining Order, signed by Judge Leigh Martin May on 7/18/18. (hfm)
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| Filing 3 MOTION for Temporary Restraining Order by Bharat B. Patel. (Attachments: #1 Brief)(hfm) |
| Filing 2 Summons Issued as to All Defendants. (hfm) |
| Filing 1 COMPLAINT with Jury Demand (Filing fee $400, receipt number GAN100104460) filed by Bharat B. Patel. (Attachments: #1 Exhibit A, #2 Exhibit B-R, #3 Summons, #4 Civil Cover Sheet)(hfm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #3 MOTION for Temporary Restraining Order, to District Judge Leigh Martin May. (hfm) |
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