RA Oliver, LLC v. U.S. Bank National Association As Indenture Trustee for VCC 2020-MC1 Trust et al
Plaintiff: RA Oliver, LLC
Defendant: U.S. Bank National Association As Indenture Trustee for VCC 2020-MC1 Trust and PHH Mortgage Corporation
Case Number: 1:2022cv02579
Filed: June 28, 2022
Court: US District Court for the Northern District of Georgia
Presiding Judge: Mark H Cohen
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1444 Petition for Removal- Foreclosure
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2022 Opinion or Order Filing 12 ORDER: The parties having informed the Court of settlement, the Court hereby DIRECTS the Clerk to administratively close this case. These parties shall file a dismissal upon finalization of the settlement documents. If settlement negotiations fail, the parties should promptly move to reopen the case. Signed by Judge Mark H. Cohen on 8/4/2022. (tmf)
August 4, 2022 Civil Case Terminated. Magistrate Judge Linda T. Walker terminated from case. (tmf)
August 1, 2022 Submission of #5 MOTION to Dismiss Plaintiff's Complaint and #7 MOTION to Stay Discovery and Pretrial Deadlines to Magistrate Judge Linda T. Walker. (lme)
July 27, 2022 Filing 11 RESPONSE in Opposition re #5 MOTION to Dismiss Plaintiff's Complaint filed by RA Oliver, LLC. (Elliott, Schuyler)
July 27, 2022 Filing 10 AMENDED COMPLAINT against All Defendants with Jury Demand filed by RA Oliver, LLC. (Attachments: #1 Exhibit "1" Deed To Secure Debt, #2 Exhibit "2" Notice Of Foreclosure, #3 Exhibit "3" Dispossessory Warrant, #4 Exhibit "4" Defendants Answer, Defenses and Counterclaim, #5 Exhibit "5" MRLP Correspondence, #6 Exhibit "6" PHH Mortgage Payoff Quote)(Elliott, Schuyler) 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.
July 25, 2022 Submission of #4 MOTION to dismiss for failure to state a claim to Magistrate Judge Linda T. Walker. (lme)
July 22, 2022 Clerks Notation re #8 and #9 Certificate of Interested Persons reviewed by Mark H. Cohen. (lme)
July 19, 2022 Filing 9 Certificate of Interested Persons by RA Oliver, LLC. (Elliott, Schuyler)
July 19, 2022 Filing 8 Certificate of Interested Persons and Corporate Disclosure Statement by PHH Mortgage Corporation identifying Other Affiliate PHH Corporation, Other Affiliate Ocwen Financial Corporation for PHH Mortgage Corporation. (Ebbs, Arthur)
July 15, 2022 Clerks Notation re #6 Certificate of Interested Persons reviewed by Mark H. Cohen. (lme)
July 13, 2022 Filing 7 MOTION to Stay Discovery and Pretrial Deadlines with Brief In Support by U.S. Bank National Association As Indenture Trustee for VCC 2020-MC1 Trust. (Attachments: #1 Brief Brief in Support of Motion to Stay Discovery, #2 Text of Proposed Order proposed Order)(Frank, Lisa)
July 13, 2022 Filing 6 Certificate of Interested Persons by U.S. Bank National Association As Indenture Trustee for VCC 2020-MC1 Trust. (Frank, Lisa)
July 13, 2022 Filing 5 MOTION to Dismiss Plaintiff's Complaint with Brief In Support by U.S. Bank National Association As Indenture Trustee for VCC 2020-MC1 Trust. (Attachments: #1 Brief Brief in Support of Motion to Dismiss Plaintiff's Complaint, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Frank, Lisa)
July 5, 2022 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by PHH Mortgage Corporation. (Attachments: #1 Exhibit A - Assignment to VCC, #2 Exhibit B - Advertisement for May Sale, #3 Exhibit C - May 4, 2022 Letter, #4 Exhibit D - Advertisement for July Sale, #5 Exhibit E - Security Deed and Assignments)(Ebbs, Arthur)
June 30, 2022 Opinion or Order Filing 3 ORDER: It is hereby ORDERED that the Plaintiff's Emergency Motion for Injunction [Doc. #2 ] is DENIED AS MOOT. Because Plaintiff's Complaint challenges an allegedly wrongful foreclosure of residential real property, the Clerk is DIRECTED to refer this action to the next available Magistrate Judge pursuant to Standing Order 18-01 and standard assignment procedures. Signed by Judge Mark H. Cohen on 6/29/2022. (tmf)
June 30, 2022 Submission of #3 Order to Magistrate Judge Linda T. Walker. (tmf)
June 30, 2022 CASE REFERRED to Magistrate Judge Linda T. Walker. (tmf)
June 29, 2022 Notification of Docket Correction Case assigned to Judge Cohen but entered under Judge Totenberg in error (aar)
June 29, 2022 Submission of #2 Emergency MOTION for Injunction, Emergency MOTION for Hearing, to District Judge Amy Totenberg. (tmf)
June 29, 2022 Submission of #2 MOTION for Preliminary Injunction MOTION for Hearing, to District Judge Mark H. Cohen. (aar)
June 29, 2022 Case Assigned to Judge Mark H. Cohen. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:22-cv-2579 MHC. Please make note of this change in order to facilitate the docketing of pleadings in this case. (aar)
June 28, 2022 Filing 2 Emergency MOTION for Injunction, Emergency MOTION for Hearing by RA Oliver, LLC. (originally filed in Gwinnett Superior Court on 6/22/2022) (tmf)
June 28, 2022 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by U.S. Bank National Association As Indenture Trustee for VCC 2020-MC1 Trust. (Filing fee $ 402 receipt number AGANDC-11894170) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(tmf) 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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Plaintiff: RA Oliver, LLC
Represented By: Schuyler Elliott
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Defendant: U.S. Bank National Association As Indenture Trustee for VCC 2020-MC1 Trust
Represented By: Lisa A. Frank
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Defendant: PHH Mortgage Corporation
Represented By: Arthur Allen Ebbs
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