Patel v. Capital One Financial Corp. et al
Plaintiff: Bharat B. Patel
Defendant: 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.
Case Number: 1:2018cv03430
Filed: July 17, 2018
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Henry
Presiding Judge: Janet F King
Referring Judge: Leigh Martin May
Nature of Suit: Real Property: Foreclosure
Cause of Action: 12:2601
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2018 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)
September 11, 2018 Clerk's Certificate of Mailing as to Bharat B. Patel re #32 Order. Notice of street name change for the Atlanta courthouse included. (ddm)
September 11, 2018 Opinion or Order 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)
September 7, 2018 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.
September 6, 2018 Clerk's Certificate of Mailing as to Bharat B. Patel re NEF of Oral Order on Motion for Extension of Time to Answer. (hfm)
September 6, 2018 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)
September 5, 2018 Submission of Order, to Magistrate Judge Janet F. King. (hfm)
August 29, 2018 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)
August 29, 2018 Opinion or Order 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)
August 29, 2018 Opinion or Order 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)
August 29, 2018 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)
August 29, 2018 Filing 29 NOTICE of Appearance by Mark James Windham on behalf of Capital One Financial Corp. (Windham, Mark)
August 28, 2018 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)
August 28, 2018 Opinion or Order 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)
August 27, 2018 Clerks Notation re #28 Certificate of Interested Persons, reviewed and approved by LMM. (rvb)
August 24, 2018 Clerks Notation re #28 Certificate of Interested Persons. READ and APPROVED by Magistrate Judge Janet F. King. (kt)
August 23, 2018 Filing 28 Certificate of Interested Persons by Bharat B. Patel. (hfm)
August 23, 2018 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)
August 23, 2018 Filing 26 AFFIDAVIT of Service for Summons and Verified Complaint, as to The Bank of New York Mellon Corporation. (hfm)
August 23, 2018 Filing 25 NOTICE Of Filing Executed Returns of Service by Bharat B. Patel. (hfm)
August 22, 2018 Clerks Notation re #24 Corporate Disclosure Statement, #22 Corporate Disclosure Statement, reviewed and approved by LMM. (rvb)
August 22, 2018 Clerk's Certificate of Mailing as to Bharat B. Patel, NEF re Oral Order. (hfm)
August 22, 2018 Opinion or Order 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)
August 21, 2018 Clerks Notation re #24 Corporate Disclosure Statement. READ and APPROVED by Magistrate Judge Janet F. King. (kt)
August 21, 2018 Clerks Notation re #22 Corporate Disclosure Statement. READ and APPROVED by Magistrate Judge Janet F. King. (kt)
August 21, 2018 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)
August 21, 2018 Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ditech Financial, LLC. (Attachments: #1 Brief)(Anderson, Keith)
August 21, 2018 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)
August 21, 2018 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)
August 21, 2018 Filing 20 NOTICE of Appearance by Jarrod Sean Mendel on behalf of Bank of America, N.A. (Mendel, Jarrod)
August 20, 2018 Clerk's Certificate of Mailing as to Bharat B. Patel re #19 Order on Motion to Stay. (hfm)
August 20, 2018 Opinion or Order 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)
August 20, 2018 Clerks Notation re #17 Certificate of Interested Persons, reviewed and approved by LMM. (rvb)
August 20, 2018 Clerk's Certificate of Mailing as to Bharat B. Patel re #18 Order on Motion for Leave to File Excess Pages. (hfm)
August 17, 2018 Opinion or Order Filing 18 ORDER granting #14 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Janet F. King on 8/17/18. (hfm)
August 17, 2018 Clerks Notation re #17 Certificate of Interested Persons. READ and APPROVED by Magistrate Judge Janet F. King. (kt)
August 17, 2018 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)
August 17, 2018 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)
August 17, 2018 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)
August 17, 2018 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)
August 16, 2018 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)
August 16, 2018 Filing 12 Return of Service Executed by Bharat B. Patel. Ditech Financial, LLC served on 7/31/2018, answer due 8/21/2018. (hfm)
August 16, 2018 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)
August 16, 2018 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)
August 16, 2018 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)
August 16, 2018 Filing 8 NOTICE Of Filing Executed Returns of Service by Bharat B. Patel (hfm)
July 26, 2018 Filing 7 Summons Issued as to The Bank of New York Mellon Corporation. (hfm)
July 23, 2018 Filing 6 NOTICE of Request for Issuance of Summons by Bharat B. Patel. (hfm)
July 19, 2018 Clerk's Certificate of Mailing as to Bharat B. Patel re #5 Notice to Pro Se Parties. (hfm)
July 19, 2018 Filing 5 NOTICE to Pro Se Parties. Signed by Magistrate Judge Janet F. King on 7/19/18. (hfm)
July 19, 2018 Clerk's Certificate of Mailing as to Bharat B. Patel re #4 Order on Motion for TRO. (hfm)
July 18, 2018 Opinion or Order Filing 4 ORDER denying #3 Motion for TRO. Signed by Judge Leigh Martin May on 7/18/18. (hfm)
July 18, 2018 Opinion or Order 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)
July 17, 2018 Submission of #3 MOTION for Temporary Restraining Order, to District Judge Leigh Martin May. (hfm)
July 17, 2018 Filing 3 MOTION for Temporary Restraining Order by Bharat B. Patel. (Attachments: #1 Brief)(hfm)
July 17, 2018 Filing 2 Summons Issued as to All Defendants. (hfm)
July 17, 2018 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.

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Defendant: Bayview Loan Servicing, LLC
Represented By: Kimberly Anne Wright
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Defendant: Capital One Financial Corp.
Represented By: Mark James Windham
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Defendant: Ditech Financial, LLC
Represented By: Keith Steven Anderson
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Defendant: Residential Credit Solutions, Inc.
Represented By: Kimberly Anne Wright
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Defendant: The Bank of New York Mellon Corporation
Represented By: Kimberly Anne Wright
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Defendant: Bank of America, N.A.
Represented By: Jarrod Sean Mendel
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Plaintiff: Bharat B. Patel
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