Flemming v. Guaranteed Rate Affinity, LLC et al
| YaTasia Flemming |
| Guaranteed Rate Affinity, LLC, PennyMac Loan Services, LLC, Steward Title Company, Law Offices of Ira T. Nevel, LLC. and Mariyana T. Spyropoulos |
| 1:2025cv02441 |
| March 7, 2025 |
| U.S. District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 58 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion #57 , the Court grants Defendant Law Offices of Ira T. Nevel's motion to adopt the motion to dismiss filed by Defendant PennyMac Loan Services #14 . Therefore, the Court will adopt Plaintiff's response to Defendant PennyMac Loan Services' motion to dismiss as the response to Defendant Law Offices of Ira T. Nevel's motion to dismiss, unless Plaintiff advises the Court on or before 9/9/2025 that she intends to file a separate response to Defendant Law Offices of Ira T. Nevel's motion to dismiss, which is merely an adoption of the motion filed by Defendant PennyMac Loan Services. Mailed notice. (jcm) |
| Filing 57 MOTION by Defendant Law Offices of Ira T. Nevel, LLC.Adopt Motion to Dismiss filed by Defendant PennyMac Loan Services, LLC (Elsnic, Gregory) |
| Filing 56 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court are several motions from the parties, which the Court will address in turn. First, Plaintiff's application for leave to proceed in forma pauperis #4 is granted. The Court finds that Plaintiff is unable to pay the costs and fees associated with filing this action and thus the filing fee is waived. Second, the Court denies Plaintiff's motion for emergency stay of Case No. 22CH10843 #7 and Plaintiff's motion for relief #50 because this Court does not possess subject matter jurisdiction over judgments made in state court. The appropriate avenue through which Plaintiff may obtain relief as it relates to the state court matter is through state court. Third, Court denies Plaintiff's motion #31 as unintelligible; the Court cannot discern from Plaintiff's motion what relief she seeks. Fourth, the Court construes Plaintiff's motion #33 as her response to certain defendants' motions to dismiss. Accordingly, the Court strikes Plaintiff's filing as a motion, construes it as a responsive pleading, and will consider it in due course in conjunction with defendants' motions to dismiss. Fifth, the Court denies Plaintiff's motion for default judgment against Ira T. Nevel #51 as moot because Defendant has appeared. Sixth, and relatedly, the Court grants Defendant Ira T. Nevel's motion for extension of time to answer Plaintiff's complaint #54 , over Plaintiff's objection #51 . Defendant's answer or other responsive pleading is due by 8/20/2025. Mailed notice. (jcm) |
| Filing 55 REPLY by Defendant Mariyana T. Spyropoulos (Dwyer, Patrick) |
| Filing 54 MOTION by Defendant Law Offices of Ira T. Nevel, LLC. for extension of time to file answer regarding received complaint #33 (Elsnic, Gregory) |
| Filing 53 PLAINTIFF'S OPPOSITION TO DEFENDANT'S UNTIMELY APPEARANCE AND ANY REQUEST FOR EXTENSION OF TIME by Plaintiff YaTasia Flemming. (Received at the Intake Counter on 7/31/25.) (ph, ) |
| Filing 52 ATTORNEY Appearance for Defendant Law Offices of Ira T. Nevel, LLC. by Gregory C. Elsnic (Elsnic, Gregory) |
| Filing 51 MOTION by Plaintiff YaTasia Flemming for default judgment against Law Office of Ira T. Nevel, LLC for non-appearance, lack of standing, and request for settlement conference. (Received at the Intake Counter on 7/29/25.) , (ph, ) |
| Filing 50 MOTION by Plaintiff YaTasia Flemming to Dismiss For Lack of Jurisdiction and Notice of FOIA/Privacy Act Request; Notice. (Received at the Intake Counter on 7/23/25.) (Attachments: #1 Certificate of Service; (Received at the Intake Counter on 7/23/25.)) (ph, ) |
| Filing 49 REPLY by Defendant PennyMac Loan Services, LLC to motion to dismiss, #38 In Further Support (Marin, Carlos) |
| Filing 48 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant's motion to dismiss #47 : Plaintiff's response due 7/22/2025; Defendant's reply due 8/5/2025. Mailed notice. (jcm) |
| Filing 47 MOTION by Defendant Mariyana T. Spyropoulos to dismiss , First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mariyana T. Spyropoulos , MOTION by Defendant Mariyana T. Spyropoulos to dismiss for lack of jurisdiction (Dwyer, Patrick) |
| Filing 46 ATTORNEY Appearance for Defendant Mariyana T. Spyropoulos by Patrick Edward Dwyer, III (Dwyer, Patrick) |
| Filing 45 MEMORANDUM of law in support of opposition to Defendant's motion to dismiss and in support of Plaintiff's motion for default judgment by Plaintiff YaTasia Flemming. (Received at the Intake Counter on 6/25/25.) (ph, ) |
| Filing 44 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's motion for leave to serve summons on-appearing Defendant is granted. Plaintiff is granted leave to serve Ira T. Nevel and Law Offices of Ira T. Nevel, LLC by the following methods: email, personal service, or certified mail. Mailed notice. (jcm) |
| Filing 43 SUMMONS Issued (Court Participant) as to Defendant Law Offices of Ira T. Nevel, LLC. (Attachments: #1 (Tracking Sheet)). (ph, ) |
| Filing 42 MOTION for leave to serve summons on non-appearing Defendant by Plaintiff YaTasia Flemming. (Received at the Intake Counter on 6/24/25.) (ph, ) |
| Filing 41 RESPONSE and motion to default in opposition of Defendant's PennyMac's motion to dismiss by Plaintiff YaTasia Flemming. (Received at the Intake Counter on 6/24/25.) (ph, ) |
| Filing 40 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant's motion to dismiss #38 : Plaintiff's response due 6/26/2025; Defendant's reply due 7/10/2025. Mailed notice. (jcm) |
| Filing 39 RESPONSE by PennyMac Loan Services, LLC to MOTION by Plaintiff YaTasia Flemming for entry of default #31 (Marin, Carlos) |
| Filing 38 MOTION by Defendant PennyMac Loan Services, LLC to dismiss amended Complaint and Memorandum in Support (Attachments: #1 Exhibit A-Mortgage and Note, #2 Exhibit B-Assignment, #3 Exhibit C-Docket of State Foreclosure, #4 Exhibit D-Affidavit of Service, #5 Exhibit E-Order dismissing Counterclaims, #6 Exhibit F-State Foreclosure Judgment, #7 Exhibit G-Judicial Sale Deed)(Marin, Carlos) |
| Filing 37 REPLY by Defendant Steward Title Company to Motion to Dismiss for Failure to State a Claim #22 (Fandre, Scott) |
| Filing 36 REPLY by Defendant Guaranteed Rate Affinity, LLC to motion to dismiss, #26 (Feng, Simon) |
| Filing 35 First MOTION to Defer Responsive Pleading Deadline (MIDP) , filed by Defendant Steward Title Company. (Fandre, Scott) |
| Filing 34 SUMMONS Issued (Court Participant) as to Defendants Guaranteed Rate Affinity, LLC, PennyMac Loan Services, LLC, Mariyana T. Spyropoulos, Steward Title Company (Attachments: #1 Summons, #2 Summons, #3 Summons)(bi, ) |
| Filing 33 RECEIVED Amended Complaint in opposition of Defendants Dismissal and Petition for Writ of Mandamus and no copies by YaTasia Flemming. (Exhibits) (Received at the Intake Counter on 5/20/25.) (ph, ) |
| RECEIVED PETITION for Writ of Mandamus (Omitted Relief #33 ) by Plaintiff YaTasia Flemming. (Exhibits) (Received at the Intake Counter on 5/20/25.) (ph, ) |
| Filing 32 OBJECTION by YaTasia Flemming to defendant GRA dismissal motion for discovery hearing for aiding and abetting 18 U.S.C.1005 banking fraud (Received at the Intake Counter on 05/20/25) (lm, ) |
| Filing 31 MOTION by Plaintiff YaTasia Flemming for default for defendants failure to answer or rebut plaintiff claim and for securities fraud and unjustenrichment (Received at the Intake Counter on 05/20/25) (lm, ) |
| Filing 30 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated therein, the Court grants Defendant's motion for extension of time #28 . Defendant must answer or otherwise respond to the complaint by June 27, 2025. Mailed notice. (jcm) |
| Filing 29 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant's motion to dismiss #26 : Plaintiff's response due 5/20/2025; Defendant's reply due 6/3/2025. Mailed notice. (jcm) |
| Filing 28 MOTION by Defendant Mariyana T. Spyropoulos for extension of time to file response/reply as to received complaint #1 up to and including June 27, 2025 (Larios, Miguel) |
| Filing 27 ATTORNEY Appearance for Defendant Mariyana T. Spyropoulos by Miguel E. Larios Cook County State's Attorney's Office (Larios, Miguel) |
| Filing 26 MOTION by Defendant Guaranteed Rate Affinity, LLC to dismiss Plaintiff's Complaint and Incorporated Memorandum in Support (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Feng, Simon) |
| Filing 25 ATTORNEY Appearance for Defendant Guaranteed Rate Affinity, LLC by Simon M. Feng (Feng, Simon) |
| Filing 24 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant's motion to dismiss #22 : Plaintiff's response due 5/15/2025; Defendant's reply due 5/29/2025. Mailed notice. (jcm) |
| Filing 23 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant's motion to strike #21 : Plaintiff's response due 5/15/2025. Mailed notice. (jcm) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Steward Title Company (Attachments: #1 Exhibit Exhibits 1-4)(Fandre, Scott) |
| Filing 21 MOTION by Defendant PennyMac Loan Services, LLC to strike notice of filing #18 Notice of Change of Affidavit of Stated Fact (Marin, Carlos) |
| Filing 20 CERTIFICATE of Service by mail/email filed by Plaintiff YaTasia Flemming. (Received at the Intake Counter on 4/21/25.) (ph, ) |
| Filing 19 CERTIFICATE of Service by mail/email filed by Plaintiff YaTasia Flemming. (Received at the Intake Counter on 4/21/25.) (ph, ) |
| Filing 18 NOTICE of change affividavit of stated facts by YaTasia Flemming. (Exhibits) (Received at the Intake Counter on 4/15/25.) (ph, ) |
| Filing 17 ATTORNEY Appearance for Defendant Steward Title Company by Michael Schumann (Schumann, Michael) |
| Filing 16 ATTORNEY Appearance for Defendant Steward Title Company by Scott J. Fandre (Fandre, Scott) |
| Filing 15 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant's motion to dismiss #14 : Plaintiff's response due 4/21/2025; Defendant's reply due 5/5/2025. Mailed notice. (jcm) |
| Filing 14 MOTION by Defendant PennyMac Loan Services, LLC to dismiss (Attachments: #1 Exhibit A-Mortgage and Note, #2 Exhibit B-Assignment, #3 Exhibit C-Docket of State Foreclosure, #4 Exhibit D-Affidavit of Service, #5 Exhibit E-Order dismissing Counterclaims, #6 Exhibit F-State Foreclosure Judgment, #7 Exhibit G-Judicial Sale Deed)(Marin, Carlos) |
| Filing 13 OBJECTION to Defendant(s) dismissal of Plaintiffs motion for emergency stay due to violation of due process. (Received at the Intake Counter on 3/25/25.) (ph, ) |
| Filing 12 RESPONSE by PennyMac Loan Services, LLCin Opposition to MOTION by Plaintiff YaTasia Flemming to stay #7 (Attachments: #1 Exhibit A-Mortgage and Note, #2 Exhibit B-Assignment, #3 Exhibit C-Docket of State Foreclosure, #4 Exhibit D-Affidavit of Service, #5 Exhibit E-Order dismissing Counterclaims, #6 Exhibit F-State Foreclosure Judgment, #7 Exhibit G-Judicial Sale Deed, #8 Exhibit H-March 19, 2024 Notice of Motion, #9 Exhibit I-Order, #10 Exhibit J-Sept 23, 2024 Notice of Motion)(Marin, Carlos) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PennyMac Loan Services, LLC (Marin, Carlos) |
| Filing 10 ATTORNEY Appearance for Defendant PennyMac Loan Services, LLC by Carlos Marin (Marin, Carlos) |
| Filing 9 ATTORNEY Appearance for Defendant PennyMac Loan Services, LLC by Simon A. Fleischmann (Fleischmann, Simon) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Plaintiff's motion to stay #7 : Defendant's response due 3/26/2025. Mailed notice. (jcm) |
| Filing 7 MOTION for emergency stay of Case No 22CH10843 due to violation of due process by Plaintiff YaTasia Flemming. (Received at the Intake Counter on 3/17/25.) (ph, ) |
| Filing 6 COMPLAINT filed by YaTasia Flemming; Jury Demand. (Received at the Intake Counter on 3/7/25.) (ph, ) |
| Filing 4 APPLICATION by Plaintiff YaTasia Flemming for leave to proceed in forma pauperis. (Received at the Intake Counter on 3/7/25.) (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff YaTasia Flemming. (Received at the Intake Counter on 3/7/25.) (ph, ) |
| Filing 2 CIVIL Cover Sheet. (Received at the Intake Counter on 3/7/25.) (ph, ) |
| Filing 1 RECEIVED Complaint and no copies by YaTasia Flemming. (Received at the Intake Counter on 3/7/25.) (ph, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (ph, ) |
| 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. (ph, ) |
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