Otoh v. Federal National Mortgage Association et al
Plaintiff: Peter Otoh
Defendant: Federal National Mortgage Association, VRMTG Asset Trust, Nationstar Mortgage, LLC doing business as Mr. Cooper, Newrez, LLC doing business as Shellpoint Mortgage Servicing, Auction.com Enterprises, LLC, Mr. Cooper Group and US Bank Trust National Association
Case Number: 1:2023cv02444
Filed: May 31, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: Timothy C Batten
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1444 Petition for Removal- Foreclosure
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2023 Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #30 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 23-12302-DD. The entire record on appeal is available electronically. (pjm)
July 27, 2023 Opinion or Order Filing 36 ORDER denying #33 Motion for Sanctions. Signed by Judge Timothy C. Batten, Sr. on 7/27/2023. (dmb)
July 27, 2023 Filing 35 RESPONSE in Opposition re #33 MOTION for Sanctions filed by Newrez, LLC, US Bank Trust National Association, VRMTG Asset Trust. (Badia, Erik)
July 27, 2023 Clerk's Certificate of Mailing as to Peter Otoh re #36 Order on Motion for Sanctions. (dmb)
July 19, 2023 Filing 34 USCA Acknowledgment of #30 Notice of Appeal, filed by Peter Otoh. Case Appealed to USCA- 11th Circuit. Case Number 23-12302-D. (pjm)
July 17, 2023 Filing 33 MOTION for Sanctions by Peter Otoh. (dmb)
July 17, 2023 Filing 32 Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals re: #30 Notice of Appeal. (pjm)
July 17, 2023 Filing 31 USCA Appeal Transmission Letter to USCA- 11th Circuit re: #30 Notice of Appeal, filed by Peter Otoh. (pjm)
July 17, 2023 Filing 30 NOTICE OF APPEAL as to #29 Clerk's Judgment, and #28 Order on Motion to Stay, Order on Motion for Miscellaneous Relief, Order on Motion for Discovery, Order on Motion to Dismiss for Failure to State a Claim, by Peter Otoh. Filing fee $ 505.00, receipt number 100005032. (Attachments: #1 USCA Appeal Fee Receipt)(pjm)
June 21, 2023 Filing 29 CLERK'S JUDGMENT (dmb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
June 21, 2023 Opinion or Order Filing 28 ORDER denying #19 Motion to Stay, #23 Motion for Miscellaneous Relief, #24 Motion to Stay, and #25 Motion for Discovery; granting #4 Motion to Dismiss for Failure to State a Claim and #7 Motion to Dismiss. Any further related filings should be made in the prior case, 1:22-cv-2488-TCB. The Clerk is directed to close this case. Signed by Judge Timothy C. Batten, Sr. on 6/21/2023. (dmb)
June 21, 2023 Clerk's Certificate of Mailing as to Peter Otoh re #29 Clerk's Judgment, and #28 Order. (dmb)
June 21, 2023 Civil Case Terminated. (dmb)
June 16, 2023 Filing 27 NOTICE of Filing of Chapter 38 as Exhibits to #21 Response in Opposition to Motion and #22 Response in Opposition to Motion by Peter Otoh. (dmb)
June 16, 2023 Filing 26 Plaintiff's Affidavit denying the Loan Modification and Plaintiff's Signature as Forgery by Peter Otoh (dmb)
June 16, 2023 Filing 25 MOTION to Open Discovery by Peter Otoh. (dmb)
June 16, 2023 Filing 24 MOTION to Stay ruling on defendants Motions to Dismiss by Peter Otoh. (dmb)
June 16, 2023 Filing 23 MOTION to Convert Defendant's #4 MOTION TO DISMISS and #7 MOTION to Dismiss into Motions for Summary Judgment by Peter Otoh. (dmb)
June 16, 2023 Filing 22 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Peter Otoh. (dmb) (Additional attachment(s) added on 6/21/2023: #1 CORRECTED - Main Document) (nmb).
June 16, 2023 Filing 21 RESPONSE in Opposition re #7 MOTION to Dismiss filed by Peter Otoh. (dmb)
June 15, 2023 Filing 20 RESPONSE in Opposition re #19 MOTION to Stay filed by Federal National Mortgage Association, Newrez, LLC, US Bank Trust National Association, VRMTG Asset Trust. (Badia, Erik)
June 9, 2023 Filing 19 Plaintiff's Emergency MOTION for Stay pending appeal and for temporary stay pending consideration of Motion with memorandum of law in support. by Peter Otoh. (jkb)
June 6, 2023 Opinion or Order Filing 18 ORDER granting #17 Motion to Stay. All discovery and pretrial deadlines are stayed until the Court rules on the Defendants' motions to dismiss. Signed by Judge Timothy C. Batten, Sr. on 6/6/2023. (dmb)
June 6, 2023 Filing 17 MOTION to Stay with Brief In Support by Federal National Mortgage Association, Cooper Group, Nationstar Mortgage, LLC, Newrez, LLC, US Bank Trust National Association, VRMTG Asset Trust. (Attachments: #1 Brief)(Badia, Erik)
June 6, 2023 Filing 16 Certificate of Interested Persons and Corporate Disclosure Statement by Newrez, LLC, US Bank Trust National Association, VRMTG Asset Trust identifying Other Affiliate NRM Acquisition LLC, Other Affiliate Shellpoint Partners LLC, Other Affiliate New Residential Mortgage LLC, Other Affiliate NRCM Acquisition II LLC, Other Affiliate New Residential Investment Corporation, a publically held corporation for Newrez, LLC; Corporate Parent U.S. Bancorp (NYSE: USB) for US Bank Trust National Association. (Badia, Erik)
June 6, 2023 Clerk's Certificate of Mailing as to Peter Otoh re #18 Order on Motion to Stay. (dmb)
June 5, 2023 Opinion or Order Filing 15 ORDER granting #8 Motion to Stay and denying #2 Motion for TRO, #10 Motion to Remand to State Court, and #11 Motion to Remand to State Court. Signed by Judge Timothy C. Batten, Sr. on 6/5/2023. (dmb)
June 5, 2023 Filing 14 Certificate of Interested Persons and Corporate Disclosure Statement by Federal National Mortgage Association, Cooper Group, Nationstar Mortgage, LLC identifying Corporate Parent Nationstar Mortgage Holdings Inc. for Cooper Group, Nationstar Mortgage, LLC. (Turner, Casondra)
June 5, 2023 Filing 13 NOTICE by Cooper Group re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Turner, Casondra)
June 5, 2023 Filing 12 Certificate of Interested Persons by Peter Otoh. (dmb)
June 5, 2023 Filing 11 AMENDED MOTION to Remand to State Court by Peter Otoh. (dmb)
June 5, 2023 Clerk's Notation re #12 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw)
June 5, 2023 Clerk's Certificate of Mailing as to Peter Otoh re #15 Order on Motion for TRO, Order on Motion to Stay, Order on Motion to Remand to State Court,. (dmb)
June 5, 2023 Clerk's Notation re #9 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw)
June 2, 2023 Filing 10 MOTION to Remand to State Court by Peter Otoh. (dmb)
June 2, 2023 Filing 9 Certificate of Interested Persons and Corporate Disclosure Statement by Auction.com Enterprises, LLC identifying Corporate Parent Auction.com Holding Company, Inc., Other Affiliate AUCTION.COM HOLDINGS II INC, Other Affiliate THL EQUITY FUND VII INVESTORS (DECADE) LP for Auction.com Enterprises, LLC. (Flynn, Steven)
June 2, 2023 Filing 8 MOTION to Stay Discovery and Pretrial Deadlines with Brief In Support by Auction.com Enterprises, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Flynn, Steven)
June 2, 2023 Filing 7 MOTION to Dismiss with Brief In Support by Auction.com Enterprises, LLC. (Attachments: #1 Brief)(Flynn, Steven)
June 2, 2023 Filing 6 RESPONSE re #2 MOTION for Temporary Restraining Order filed by Auction.com Enterprises, LLC. (Flynn, Steven)
June 2, 2023 Filing 5 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by Federal National Mortgage Association, Cooper Group, Nationstar Mortgage, LLC, Newrez, LLC, US Bank Trust National Association, VRMTG Asset Trust. (Badia, Erik)
June 2, 2023 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Federal National Mortgage Association, Cooper Group, Nationstar Mortgage, LLC, Newrez, LLC, US Bank Trust National Association, VRMTG Asset Trust. (Attachments: #1 Brief Memorandum of Law in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E)(Badia, Erik)
June 1, 2023 Opinion or Order Filing 3 ORDER directing defendants to respond to #2 MOTION for Temporary Restraining Order filed by Peter Otoh by 6/5/2023 at 12:00 PM. Signed by Judge Timothy C. Batten, Sr. on 6/1/2023. (dmb)
June 1, 2023 Submission of #2 MOTION for Temporary Restraining Order to District Judge Timothy C. Batten Sr. (dmb)
June 1, 2023 Clerk's Certificate of Mailing as to Peter Otoh re #3 Order. (dmb)
May 31, 2023 Filing 2 MOTION for Temporary Restraining Order by Peter Otoh. (dmb)
May 31, 2023 Filing 1 NOTICE OF REMOVAL with COMPLAINT with injunctive relief (Filing fee $ 402 receipt number AGANDC-12636104) filed by Newrez, LLC, Federal National Mortgage Association, US Bank Trust National Association, VRMTG Asset Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(dmb) 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.
May 31, 2023 Submission of #1 Notice of Removal to District Judge Timothy C. Batten Sr.. (dmb)

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Plaintiff: Peter Otoh
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Defendant: Federal National Mortgage Association
Represented By: Erik James Badia
Represented By: Keith Steven Anderson
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Defendant: VRMTG Asset Trust
Represented By: Erik James Badia
Represented By: Keith Steven Anderson
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Defendant: Nationstar Mortgage, LLC doing business as Mr. Cooper
Represented By: Casondra Turner
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Defendant: Newrez, LLC doing business as Shellpoint Mortgage Servicing
Represented By: Erik James Badia
Represented By: Keith Steven Anderson
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Defendant: Auction.com Enterprises, LLC
Represented By: Steven J. Flynn
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Defendant: Mr. Cooper Group
Represented By: Casondra Turner
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Defendant: US Bank Trust National Association
Represented By: Keith Steven Anderson
Represented By: Erik James Badia
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