Lareace Pla v. Original Lender, Mortgage Lenders of America, LLC et al
| CHASITY LAREACE PLA |
| Original Lender, MORTGAGE LENDERS OF AMERICA, LLC, ZILLOW HOME LOANS, LLC, Servicer, JP MORGAN CHASE BANK, N.A., CARRINGTON MORTGAGE SERVICES, LLC, Investor Trust GINNIE MAE,, ET AL, Mortgage Lenders of America, LLC, JP Morgan Chase Bank, N.A. and Ginnie Mae |
| 1:2022cv03332 |
| June 27, 2022 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on August 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 23 MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 8/18/2022. As discussed in open court, Plaintiff's oral motion to dismiss under FRCP 41(a)(2) is granted without objection from any Defendant, and the case is dismissed without prejudice. Each party to bear its own fees and costs. Civil case terminated. Mailed notice (ef, ) |
| Filing 22 SEALED RESPONSE by Zillow Home Loans, LLC to terminate deadlines and hearings,,,,, #21 , MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19720951. Agreed MOTION for Leave to Appear Pro Hac Vice #20 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sargent, Douglas) |
| Filing 21 MINUTE entry before the Honorable John F. Kness: Lawyer Aaron A. Wagner has moved #20 to appear pro hac vice. On page two of the motion (submitted on the NDIL's relevant form), Mr. Wagner reported that he is currently the subject of an investigation concerning his professional conduct. Mr. Wagner also attached a letter in which he elaborated that he is the subject of an "open grievance" in Washington State. Mr. Wagner "believe[s]" that the grievance is "baseless and will be dismissed[.]" With due regard for the sensitivity of this matter and Mr. Wagner's right to disagree with the merits of the grievance, the form motion requires that a pro hac applicant "attach a brief description of the [grievance] and the applicant's current status...." (Dkt. #20 , at 2.) Mr. Wagner's letter (Dkt. #20 , at 4) does not describe the grievance sufficiently or otherwise describe Mr. Wagner's "current status." As a result, the Court directs Mr. Wagner, should he still seek to be admitted pro hac vice, to supplement his motion with a brief description of the incident to which the "open grievance" relates and his status with any relevant disciplinary agency. This supplementary statement must be submitted, under seal, on or before 8/17/2022. Mailed notice (ef, ) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19720951. Agreed MOTION for Leave to Appear Pro Hac Vice (Sargent, Douglas) |
| Filing 19 MINUTE entry before the Honorable John F. Kness: Plaintiff's Unopposed Motion for extension of time to amend #15 is granted. Plaintiff's amended complaint must be filed on or before 8/12/2022. Initial Status hearing set for 7/29/2022 is stricken and reset for 8/18/2022 at10:20 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zillow Home Loans, LLC (Sargent, Douglas) |
| Filing 17 MINUTE entry before the Honorable John F. Kness: Initial Status hearing set for 7/29/2022 at 10:50 AM is reset for 7/29/2022 at 10:20 AM. TIME CHANGE ONLY. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Filing 16 ATTORNEY Appearance for Defendant Zillow Home Loans, LLC by Douglas R Sargent (Sargent, Douglas) |
| Filing 15 MOTION by Plaintiff Chasity Lareace Pla for extension of time to amend motion for joinder #10 , motion to dismiss #6 (Weissberg, Ariel) |
| Filing 14 MINUTE entry before the Honorable John F. Kness: Several matters in this case require attention. First, Defendant Zillow Home Loans, LLC filed a "Joinder" #10 in co-Defendant Carrington Mortgage Services, LLC's motion to dismiss #6 . The Court construes docket entry #10 as Zillow's motion to dismiss and will consider the arguments of Carrington in support of dismissal as the basis for Zillow's motion. Second, Defendants Carrington and Zillow filed a "Notice" #11 concerning their efforts to craft a joint initial status report with Plaintiff. Defendants explain that, because Plaintiff has stated she is "in the process of retaining counsel to represent her in this matter" (Dkt. #11 at 1), they seek to be excused for the time being from preparing an initial status report. Counsel has since filed an appearance #13 on behalf of Plaintiff. For the reasons provided by Defendants, and in view of the appearance of counsel on Plaintiff's behalf, the Court will not require an initial status report from any party until further order. Third, and finally, Zillow's motion #12 to substitute counsel is granted. Substitute counsel Douglas R. Sargent must file an appearance forthwith. The status hearing set #8 for 7/29/2022 remains firm. Mailed notice (ef, ) |
| Filing 13 ATTORNEY Appearance for Plaintiff Chasity Lareace Pla by Ariel Weissberg (Weissberg, Ariel) |
| Filing 12 MOTION by Defendant Zillow Home Loans, LLC to substitute attorney (for Leave) (Grzegorek, Nathan) |
| Filing 11 Defendants Carrington Mortgage Services, LLC and Zillow Home Loans, LLC's Notice Pursuant to the Court's Status Hearing Order by Carrington Mortgage Services, LLC (Edwards, Erin) |
| Filing 10 MOTION by Defendant Zillow Home Loans, LLC for joinder in Carrington Mortgage Services, LLC's Motion to Dismiss (Docket #6) (Grzegorek, Nathan) |
| Filing 9 ATTORNEY Appearance for Defendant Zillow Home Loans, LLC by Nathan B Grzegorek (Grzegorek, Nathan) |
Filing 8
ORDER signed by the Honorable John F. Kness on 7/5/2022: Although the Court is aware of the briefing schedule on the pending motion to dismiss #6 , a telephonic initial status hearing is set for 7/29/2022 at 10:50 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than ten days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
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| Filing 7 MINUTE entry before the Honorable John F. Kness: Before the Court is the motion to dismiss #6 of Defendant Carrington Mortgage Services, LLC. As is reflected in the Court's standing order on motions to dismiss, the parties are advised that, when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Consistent with the purpose of the Federal Rules of Civil Procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, Plaintiff is directed to review Defendant's motion to dismiss and to consider exercising, as appropriate, Plaintiff's right to amend under Rule 15(a)(1)(B). If Plaintiff elects to amend its pleading in response to the motion to dismiss, then Defendant (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss. If Plaintiff elects not to amend but instead chooses to litigate the motion to dismiss, Plaintiff (unless ordered otherwise) must file its response within 28 days of the filing of the motion, and Defendant must file its reply within 14 days of the filing of the response. In its response, Plaintiff must also address whether any alleged deficiencies identified by the motion to dismiss are curable by amendment. Mailed notice (ef, ) |
| Filing 6 MOTION by Defendant Carrington Mortgage Services, LLC to dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Edwards, Erin) |
| Filing 5 MAILED Notice of Removal letter to parties of record (exr, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (exr, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff (exr, ) |
| Filing 4 ATTORNEY Appearance for Defendant CARRINGTON MORTGAGE SERVICES, LLC by Erin Elizabeth Edwards (Edwards, Erin) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CARRINGTON MORTGAGE SERVICES, LLC (Edwards, Erin) |
| Filing 2 CIVIL Cover Sheet (Edwards, Erin) |
| Filing 1 NOTICE of Removal from In the Circuit Court of Cook County, Illinois, County Department, Civil Division, case number (2022 M4 002609) filed by CARRINGTON MORTGAGE SERVICES, LLC Filing fee $ 402, receipt number AILNDC-19596123. (Attachments: #1 Exhibit 1)(Edwards, Erin) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (emc, ) |
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