Rhinehart et al v. Option One Mortgage Corp et al
| Wanda Jean Rhinehart and Ricky Lee Rhinehart |
| Wells Fargo Bank, N.A., Ocwen Loan Servicing LLC, SASCO Mortgage Pass-Through Certificates, Option One Mortgage Corp, Weissman, P.C. and American Home Mortgage Servicing, Inc. |
| 4:2019cv00226 |
| September 30, 2019 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Walter E Johnson |
| Real Property: Foreclosure |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 Acknowledgment of Receipt received from Floyd County Superior Court. (ddm) |
| Filing 23 CLERK'S JUDGMENT entered dismissing Plaintiffs' FDCPA claims and remanding all state law claims to the Superior Court of Floyd County. (ddm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 22
ORDER approving and adopting the #20 Magistrate's Final Report and Recommendation. Plaintiffs' FDCPA claims against all defendants are dismissed and this Court declines to exercise supplemental jurisdiction over Plaintiffs state law claims and remands those claims to the Superior Court of Floyd County, Georgia. Signed by Judge J. P. Boulee on 2/3/2020. (ddm)
|
| Civil Case Terminated. (ddm) |
| Submission of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #20 FINAL REPORT AND RECOMMENDATION, to District Judge J. P. Boulee. (ddm) |
| Clerk's Certificate of Mailing to the Superior Court of Floyd County re #22 Order, #23 Clerk's Judgment. (ddm) |
|
Filing 21
ORDER for Service of #20 Final Report and Recommendation by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 1/16/2020. (klb)
|
| Filing 20 FINAL REPORT AND RECOMMENDATION re #2 Amended Complaint, filed by Wanda Jean Rhinehart, Ricky Lee Rhinehart. Signed by Magistrate Judge Walter E. Johnson on 1/16/20. (klb) |
| FINAL REPORT AND RECOMMENDATION re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Option One Mortgage Corp, Wells Fargo Bank, N.A., Ocwen Loan Servicing LLC, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Weissman, P.C. The undersigned RECOMMENDS that defendants' Motions to Dismiss [14, 18] be GRANTED IN PART and that plaintiffs' FDCPA claims be DISMISSED. Furthermore, the undersigned RECOMMENDS that the Court DECLINE to exercise supplemental jurisdiction over plaintiffs' state law claims and REMAND those claims to the Superior Court of Floyd County, Georgia. Signed by Magistrate Judge Walter E. Johnson on 1/16/2020. (klb) |
| Submission of #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to Magistrate Judge Walter E. Johnson. (ddm) |
| Submission of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to Magistrate Judge Walter E. Johnson. (ddm) |
| Filing 19 REPLY BRIEF re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ocwen Loan Servicing LLC, Option One Mortgage Corp, Wells Fargo Bank, N.A.. (Brockman, William) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Weissman, P.C.. (Hutchins, Bradley) |
| Filing 17 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ricky Lee Rhinehart, Wanda Jean Rhinehart. (Salter, W.) |
|
Filing 16
ORDER granting #15 Motion to Stay Discovery and Pre-trial deadlines. All discovery and pre-trial deadlines are stayed through and until thirty (30)days after the first of the Moving Defendants files an answer to the Complaint following the Court's order on the Moving Defendants' Motion to Dismiss. Signed by Magistrate Judge Walter E. Johnson on 11/19/19. (klb)
|
| Filing 15 Joint MOTION to Stay Discovery and Pre-Trial Deadlines by Ocwen Loan Servicing LLC, Option One Mortgage Corp, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A - Proposed Order)(Brockman, William) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ocwen Loan Servicing LLC, Option One Mortgage Corp, Wells Fargo Bank, N.A.. (Brockman, William) |
| Filing 13 NOTICE to Parties Regarding Summary Judgment Motions. Signed by Magistrate Judge Walter E. Johnson on 10/31/19. (klb) |
|
Filing 12
SCHEDULING ORDER: re: #11 Joint Preliminary Report and Discovery Plan. Discovery ends on 2/27/2020. Motions under Local Rule 7.1(A)(2) including motions to amend pleadings due by 11/29/2019. Motions for summary judgment no later than 3/30/20. Proposed Pretrial Order due by 3/30/2020, or within thirty days from a final ruling on any motion for summary judgment that is not dispositive of all claims advanced by the parties. Signed by Magistrate Judge Walter E. Johnson on 10/31/19. (klb) Modified on 11/1/2019 - to Correct the date of filing Motions under Local Rule 7.1(A)(2) new date: 11/29/19(klb).
|
| Filing 11 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Ricky Lee Rhinehart, Wanda Jean Rhinehart. (Salter, W.) |
| Filing 10 Initial Disclosures by Ricky Lee Rhinehart, Wanda Jean Rhinehart.(Salter, W.) |
| Filing 9 Certificate of Interested Persons by Ricky Lee Rhinehart, Wanda Jean Rhinehart. (Salter, W.) |
| Filing 8 Initial Disclosures by Ocwen Loan Servicing LLC, Option One Mortgage Corp, Wells Fargo Bank, N.A..(Brockman, William) |
|
Filing 7
ORDER granting #6 Motion for Extension of Time to respond to amended complaint.Answer due 11/6/19. Signed by Magistrate Judge Walter E. Johnson on 10/7/19. (klb)
|
| Set Deadlines/Hearings: Ocwen Loan Servicing LLC answer due 11/6/2019; Option One Mortgage Corp answer due 11/6/2019; Wells Fargo Bank, N.A. answer due 11/6/2019. (klb) |
| Filing 6 Consent MOTION for Extension of Time Respond to Amended Verified Complaint re: #2 Amended Complaint, by Ocwen Loan Servicing LLC, Option One Mortgage Corp, SASCO Mortgage Pass-Through Certificates, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A - Proposed Order)(Brockman, William) |
| Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Ocwen Loan Servicing LLC, Option One Mortgage Corp, SASCO Mortgage Pass-Through Certificates, Wells Fargo Bank, N.A. identifying Other Affiliate Sand Canyon Corporation, Other Affiliate H&R Block Group, Inc., Other Affiliate Block Financial LLC, Other Affiliate New Castle HoldCo LLC, Other Affiliate H&R Block, Inc. for Option One Mortgage Corp; Other Affiliate PHH Corporation, Other Affiliate Ocwen Financial Corporation, Other Affiliate PHH Mortgage Corporation, d/b/a/ PHH Mortgage Services for Ocwen Loan Servicing LLC; Other Affiliate Wells Fargo & Company, a publicly traded on the New York Stock Exchange under the ticker symbol WFC, Other Affiliate Berkshire Hathaway Inc. for Wells Fargo Bank, N.A.. (Brockman, William) |
| Filing 4 NOTICE Of Filing Exhibit B-Pleadings filed in the Superior Court Action re #1 Notice of Removal, #2 Amended Complaint. (jta) |
| Notification of Docket Correction re #1 Notice of Removal, #2 Amended Complaint. Attorney notified Clerk re: Exhibit B. Clerk reformatted Exhibit B, re-docketed at #4 Notice, and changed security as to Exhibit B in those documents. (jta) |
| Filing 3 ANSWER (filed in Superior Court on 9/19/19) to #2 Amended Complaint by Weissman, P.C.. Discovery ends on 2/27/2020.(jta) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 2 AMENDED COMPLAINT (filed in Superior Court on 8/30/19) against All Defendants filed by Ricky Lee Rhinehart, Wanda Jean Rhinehart. (Attachments: #1 Exhibit, #2 Exhibit)(jta) 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. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT, filed by Wells Fargo Bank, N.A., Ocwen Loan Servicing LLC, SASCO Mortgage Pass-Through Certificates, Option One Mortgage Corp. (Filing fee $ 400 receipt number AGANDC-8971204) (Attachments: #1 Exhibit A-Consent to Removal, #2 Civil Cover Sheet)(jta) 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. (Additional attachment(s) added on 10/1/2019: #3 Exhibit B-Complaint, #4 Exhibit B cont -Amd Cmp, #5 Exhibits to Amended Complaint, #6 Additional Exh to Amended Complaint, #7 Superior Court Answer) (jta). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
