Hayes v. McCalla Raymer Liebert Pierce LLC et al
| Sylvia Hayes |
| McCalla Raymer Liebert Pierce LLC, Jay Bray CEO doing business as Mr. Cooper, Nationstar/Mr. Cooper, Housing and Urban Development and Nationstar Mortgage LLC doing business as Mr. Cooper |
| 1:2023cv05484 |
| November 30, 2023 |
| US District Court for the Northern District of Georgia |
| Justin S Anand |
| Eleanor L Ross |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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| Document Text |
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| Submission of #10 Order on Motion to Stay to District Judge Eleanor L. Ross. (mlb) |
| Filing 11 RESPONSE re #9 Notice (Other) Nationstar's Response in Opposition to Plaintiff's Notice to Remand filed by Jay Bray, Nationstar Mortgage LLC. (Turner, Casondra) |
Filing 10
ORDER: The Motion to Stay #8 is GRANTED as unopposed. In the event that any Defendant files an answer before the District Court enters a final ruling on the pending Motion to Dismiss #7 , the commencement of discovery will be STAYED for thirty (30) days after the date of the order ruling on the Motion to Dismiss #7 . Further, the deadlines for the parties to participate in a Rule 26(f) conference, file a Joint Preliminary Report and Discovery Plan, and serve initial disclosures are also STAYED pending a final order on the Motion to Dismiss #7 . In the event that any Defendant files an answer or the Motion to Dismiss #7 is denied, the parties shall participate in a Rule 26(f) conference within fourteen (14) days after the District Court issues a final ruling on the Motion to Dismiss, and the parties shall file the Joint Preliminary Report and Discovery Plan and serve initial disclosures within thirty (30) days after the District Court issues a final ruling on the Motion to Dismiss #7 . Plaintiff is ORDERED to file a CIP within fourteen (14) days of the date of this Order. Signed by Magistrate Judge Justin S. Anand on 1/8/24. (ces)
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| Clerk's Certificate of Mailing as to Sylvia Hayes re #10 Order. (ces) |
| Submission of #7 MOTION to Dismiss Plaintiff's Complaint and #8 MOTION to Stay Pretrial Deadlines and Discovery to Magistrate Judge Justin S. Anand. (mlb) |
| Filing 9 NOTICE to Remand Case to Gwinnett County by Sylvia Hayes (ces) |
| Filing 8 MOTION to Stay Pretrial Deadlines and Discovery with Brief In Support by Jay Bray, Nationstar Mortgage LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Turner, Casondra) |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint with Brief In Support by Jay Bray, Nationstar Mortgage LLC. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Turner, Casondra) |
| Clerk's Notation re #5 Certificate of Interested Persons/Corporate Disclosure Statement by Jay Bray, Nationstar/Mr. Cooper identifying Corporate Parent Mr. Cooper Group Inc. (formerly known as WMIH Corp.), Other Affiliate Nationstar Sub2 LLC, Other Affiliate Nationstar Sub1 LLC, Other Affiliate Nationstar Mortgage Holdings Inc., Other Affiliate KKR Wand Investors Corporation for Jay Bray, Nationstar/Mr. Cooper. Read and approved by District Judge Eleanor L. Ross. (mlb) |
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Filing 6
ORDER: The Court DENIES Plaintiff's requests for an "immediate hearing" and "immediate injunction" as set forth within the Complaint. #2 . The Court DIRECTS the Clerk to substitute Nationstar Mortgage LLC d/b/a Mr. Cooper" for "Nationstar/Mr. Cooper" as a Party Defendant in this matter. Next, upon review of the Complaint, the Court DIRECTS the Clerk to change the nature of this case and cause of action to reflect the Fair Debt Collection Practice Act and DIRECTS the Clerk to refer this case to a Magistrate Judge pursuant to Standing Order 18-01. Signed by Judge Eleanor L. Ross on 12/5/23. (ces)
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| CASE REFERRED to Magistrate Judge Justin S. Anand. (ces) |
| Clerk's Certificate of Mailing as to Sylvia Hayes re #6 Order. (ces) |
| Submission of #6 Order, to Magistrate Judge Justin S. Anand. (ces) |
| Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Jay Bray, Nationstar/Mr. Cooper identifying Corporate Parent Mr. Cooper Group Inc. (formerly known as WMIH Corp.), Other Affiliate Nationstar Sub2 LLC, Other Affiliate Nationstar Sub1 LLC, Other Affiliate Nationstar Mortgage Holdings Inc., Other Affiliate KKR Wand Investors Corporation for Jay Bray, Nationstar/Mr. Cooper. (Turner, Casondra) |
| Filing 4 NOTICE Of Filing Amended Exhibit A re #1 Notice of Removal by Jay Bray, Nationstar/Mr. Cooper (Attachments: #1 Exhibit A)(Turner, Casondra) Modified to correct text on 12/5/2023 (ces). |
| Clerk's Certificate of Mailing as to Sylvia Hayes re #3 Order. (ces) |
| Filing 3 INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. Signed by Judge Eleanor L. Ross on 11/30/23. (ces) |
| Filing 2 MOTION for Permanent Injunction, MOTION for Permanent Restraining Order IMMEDIATE HEARING REQUESTEDby Sylvia Hayes. (ces) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Nationstar/Mr. Cooper. (Filing fee $ 402 receipt number AGANDC-13063044) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(ces) 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 #2 MOTION for Permanent Injunction, MOTION for Permanent Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge Eleanor L. Ross. (ces) |
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