Bennett v. The Federal Savings Bank, et al.
Plaintiff: Roswitha Bennett
Defendant: The Federal Savings Bank, PPH Mortgage Corporation, Dovenmuehle Mortgage, Inc. and PHH Mortgage Corporation doing business as PHH Mortgage Services
Case Number: 2:2023cv00155
Filed: April 7, 2023
Court: US District Court for the District of Idaho
Presiding Judge: David C Nye
Nature of Suit: Banks and Banking
Cause of Action: 23 U.S.C. ยง 1441 Contract Real Estate
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Opinion or Order Filing 24 NOTICE of Substitution - Attorney Peter J Salmon for The Federal Savings Bank added. Attorney Daniel S. Hefter and Kirk J Houston terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Salmon, Peter)
May 26, 2023 Opinion or Order Filing 23 DOCKET ENTRY ORDER - Having received the Stipulation for Extension of Time (Dkt. #22 ), the Court grants the extension requested therein. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ksj) Modified on 5/26/2023, to indicate docket entry order (jd).
May 25, 2023 Opinion or Order Filing 22 First MOTION for Extension of Time to File Response/Reply as to #14 Motion to Dismiss for Failure to State a Claim Stipulated by Parties Bonner Charles Walsh appearing for Plaintiff Roswitha Bennett. Responses due by 6/15/2023 (Walsh, Bonner)
May 18, 2023 Opinion or Order Filing 21 NOTICE of Appearance by Daniel S. Hefter on behalf of The Federal Savings Bank (Hefter, Daniel)
May 18, 2023 Opinion or Order Filing 20 NOTICE of Appearance by Daniel M Solar on behalf of Roswitha Bennett (Solar, Daniel)
May 17, 2023 Opinion or Order Filing 19 DOCKET ENTRY ORDER approving #17 Motion for Pro Hac Vice Appearance of attorney Daniel M Solar for Roswitha Bennett Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
May 17, 2023 Opinion or Order Filing 18 AMENDED DOCUMENT by Roswitha Bennett. Amendment to #17 MOTION FOR PRO HAC VICE APPEARANCE by Daniel A. Solar. ( Filing fee $ 250 receipt number AIDDC-2569027.) . (Walsh, Bonner)
May 17, 2023 Opinion or Order Filing 17 MOTION FOR PRO HAC VICE APPEARANCE by Daniel A. Solar. ( Filing fee $ 250 receipt number AIDDC-2569027.)Bonner Charles Walsh appearing for Plaintiff Roswitha Bennett. Responses due by 6/7/2023 (Walsh, Bonner)
May 17, 2023 Opinion or Order Filing 16 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for The Federal Savings Bank re #12 Notice of Appearance. Consent/Objection to Magistrate due by 7/17/2023. (jd)
May 17, 2023 Opinion or Order Filing 15 DOCKET ENTRY ORDER approving #13 Motion for Pro Hac Vice Appearance of attorney Daniel S. Hefter for The Federal Savings Bank Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
May 16, 2023 Opinion or Order Filing 14 Motion to Dismiss for Failure to State a Claim Kirk J Houston appearing for Defendant The Federal Savings Bank. Responses due by 6/6/2023 (Attachments: #1 Memorandum in Support)(Houston, Kirk)
May 16, 2023 Opinion or Order Filing 13 MOTION FOR PRO HAC VICE APPEARANCE by Daniel S. Hefter. ( Filing fee $ 250 receipt number AIDDC-2568658.)Kirk J Houston appearing for Defendant The Federal Savings Bank. Responses due by 6/6/2023 (Houston, Kirk)
May 16, 2023 Opinion or Order Filing 12 NOTICE of Appearance by Kirk J Houston on behalf of The Federal Savings Bank (Houston, Kirk)
May 12, 2023 Opinion or Order Filing 11 LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before June 19, 2023, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/26/2023 11:00 AM in Telephonic Hearing - Pocatello Chambers before Judge David C. Nye. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
May 3, 2023 Opinion or Order Filing 10 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Dovenmuehle Mortgage, Inc. re #8 Answer to Complaint. Consent/Objection to Magistrate due by 7/3/2023. (jd)
May 2, 2023 Opinion or Order Filing 9 Corporate Disclosure Statement by Dovenmuehle Mortgage, Inc.. (Salmon, Peter)
May 2, 2023 Opinion or Order Filing 8 ANSWER to #1 Complaint,,,,,, by Dovenmuehle Mortgage, Inc..(Salmon, Peter)
April 28, 2023 Opinion or Order Filing 7 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Roswitha Bennett, PHH Mortgage Corporation re #1 Complaint and #6 Notice of Appearance. Consent/Objection to Magistrate due by 6/27/2023. (jd)
April 28, 2023 Opinion or Order Filing 6 NOTICE of Appearance by Spencer Steven Rossini on behalf of PHH Mortgage Corporation. (jd)
April 28, 2023 Opinion or Order NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (jd)
April 19, 2023 Opinion or Order Filing 5 SUMMONS Returned Executed by Roswitha Bennett. Dovenmuehle Mortgage, Inc. served on 4/11/2023, answer due 5/2/2023. (Solar, Daniel)
April 18, 2023 Opinion or Order Filing 4 SUMMONS Returned Executed by Roswitha Bennett. PHH Mortgage Corporation served on 4/17/2023, answer due 5/8/2023. (Solar, Daniel)
April 13, 2023 Opinion or Order Filing 3 SUMMONS Returned Executed by Roswitha Bennett. The Federal Savings Bank served on 4/12/2023, answer due 5/3/2023. (Walsh, Bonner)
April 10, 2023 Opinion or Order Filing 2 Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: #1 Summons for Federal Savings Bank, #2 Summons for PHH Mortgage)(jd)
April 7, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AIDDC-2549615.), filed by Roswitha Bennett. (Attachments: #1 Cover Sheet, #2 Summons The Federal Savings Bank, #3 Summons PPH Mortgage Corporation, #4 Summons Dovenmuehle Mortgage, Inc., #5 Exhibit 1. 9.8.21 Mod Approval_Redacted, #6 Exhibit 2. 10.12.21 TPP_Redacted, #7 Exhibit 3. 5.9.22 Notice of Breach_Redacted, #8 Exhibit 4. 6.22.22 Notice of Acceleration_Redacted, #9 Exhibit 5. 7.8.22 Legal Correspondence_Redacted, #10 Exhibit 6. 7.22.22 RFI 1 and RFI 2_Redacted, #11 Exhibit 7. 8.3.22 Notice of Error [Loss Mitigation Issues]_Redacted, #12 Exhibit 8. 10.18.22 Notice of Error No Response NOE re Loss Mitigation GC 6839 Dovenmuehle_Redacted, #13 Exhibit 9. 12.2.22 2022 12 02 The Federal Savings Bank Response to NOE_Redacted, #14 Exhibit 10. 1.6.23 LM Denial Notice_Redacted, #15 Exhibit 11. 1.13.23 LM Appeal_Redacted, #16 Exhibit 12. 1.23.23 Debt Dispute_Redacted, #17 Exhibit 13. 2.20.23 PHH MTG Response to received correspondence_Redacted, #18 Exhibit 14. 10.14.22 RFI 3 and RFI 4_Redacted, #19 Exhibit 15. 10.18.22 Notice of Error Loss Mitigation Issues PHH_Redacted, #20 Exhibit 16. 11.29.22 PHH Response to RFI and NOE_Redacted, #21 Exhibit 17. 3.23.23 NOE Failure to Ack and Resp to LM App B11_Redacted, #22 Exhibit 18. 4.4.23 pulled CFPB Narrative Complaints [Dovenmuele] [Loss Mitigation], #23 Exhibit 19. 4.4.23 pulled CFPB Consumer Narrative Complaints [PHH] [Loss Mitigation])(Walsh, Bonner)

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Plaintiff: Roswitha Bennett
Represented By: Bonner Charles Walsh
Represented By: Daniel M Solar
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Defendant: The Federal Savings Bank
Represented By: Daniel S. Hefter
Represented By: Kirk J Houston
Represented By: Peter J Salmon
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Defendant: PPH Mortgage Corporation
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Defendant: Dovenmuehle Mortgage, Inc.
Represented By: Peter J Salmon
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Defendant: PHH Mortgage Corporation doing business as PHH Mortgage Services
Represented By: Spencer Steven Rossini
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