Ray v. Five Brothers Mortgage Company Services and Securing Inc. et al
| Glenda Ray |
| John Doe, Epling Construction, LLC, Ditech Financial LLC, Five Brothers Mortgage Company Services and Securing Inc. and Joseph A. Badalamenti |
| 7:2018cv00126 |
| December 17, 2018 |
| US District Court for the Eastern District of Kentucky |
| Robert E Wier |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2019. A more recent docket listing may be available from PACER.
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Filing 22
ORDER: any party contesting applicability of 362(a)'s automatic stay to Ditech to file a brief expressing such opposition within 5 days. Absent timely opposition, Court anticipates effectuating the automatic stay, as to Ditech only. Signed by Judge Robert E. Wier on 2/14/2019. (RCB)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #20 Suggestion NOTICE OF BANKRUPTCY Filing and Suggestion of Automatic Stay, #21 Notice Regarding Plaintiff's #14 Motion to Hold Class Certification in Abeyance and Plaintiff's #16 Motion to Remand (RCB) |
| Filing 21 NOTICE Regarding Plaintiff's #14 Motion to Hold Class Certification in Abeyance and Plaintiff's #16 Motion to Remand by Ditech Financial LLC re #19 Order. (Epling, Brian) Modified text on 2/14/2019 (RCB). |
| Filing 20 NOTICE OF BANKRUPTCY Filing and Suggestion of Automatic Stay as to Ditech Financial LLC by Ditech Financial LLC. (Epling, Brian) Modified text on 2/14/2019 (RCB). |
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Filing 19
ORDER: re #18 Ditech's motion is granted and Ditech has until February 18, 2019 to file its consolidated response. Signed by Judge Robert E. Wier on 2/4/2019. (RCB)cc: COR
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| Filing 18 MOTION for Leave to File by Ditech Financial LLC To File Consolidated Response to Court's Show Cause Order and Plaintiff's Motion to Remand (Attachments: #1 Proposed Order)(Epling, Brian) |
| Filing 17 NOTICE OF FILING by Glenda Ray re #14 MOTION to Hold Class Certification in Abeyance (Attachments: #1 Proposed Order Proposed Order to Stay Time for Perfecting Class Action and Grant Discovery)(McGuire, Earl) |
| NOTICE OF DOCKET MODIFICATION TO Earl McGuire re #16 FIRST MOTION to Remand to State Court by Glenda Ray; Error: attachments were insufficiently described as "Exhibit 1," "Exhibit 2." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (RCB) |
| Filing 16 FIRST MOTION to Remand to State Court by Glenda Ray (Attachments: #1 Memorandum in Support of Remand, #2 Exhibit 1 - Epling Construction LLC filing Secretary of State, #3 Exhibit 2 - Ditech History Principal Balance, #4 Proposed Order Remanding)(McGuire, Earl) Modified text on 1/29/2019 (RCB). |
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Filing 15
ORDER: Out of an abundance of caution, and to permit Ditech one final opportunity to address deficiencies, Court grants Ditech's request for an "opportunity to provide additional briefing." Specifically, Ditech SHALL file any such brief, addressing all implicated topics and submitting any apt proof, within 14 days. Pla shall respond within 14 days of the filing. Ditch may reply within 5 days of any response. The matter will then stand submitted for further appropriate action. Signed by Judge Robert E. Wier on 1/23/2019. (RCB)cc: COR
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| Filing 14 MOTION to Hold Class Certification in Abeyance filed by Glenda Ray. (McGuire, Earl) Modified event, text on 1/23/2019 (RCB). (Additional attachment(s) added on 1/30/2019: #1 Proposed Order) (RCB). |
| NOTICE OF DOCKET MODIFICATION & NOTICE OF DEFICIENCY TO Earl McGuire re #14 MOTION to Hold Class Certification in Abeyance; Error #1: the incorrect event "Response to Order to Show Cause" was selected. Entry by Attorney; Clerk re-defined the document as a Motion. No further action required by counsel as to error #1. Error #2: attorney failed to submit a [proposed order] as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (RCB) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #13 REPLY (RCB) |
| Filing 13 REPLY to #6 , #10 , #12 filed by Ditech Financial LLC. (Attachments: #1 Exhibit A - Plaintiff's Responses to Ditech's Interrogatories, #2 Exhibit B - Plaintiff's Responses to Five Brothers' Interrogatories)(Epling, Brian) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #12 REPLY (RCB) |
| Filing 12 REPLY to #10 Response to Order to Show Cause #6 filed by Glenda Ray. (McGuire, Earl) Modified link on 1/15/2019 (RCB). |
| Filing 11 FRCP 7.1 DISCLOSURE STATEMENT by Five Brothers Mortgage Company Services and Securing Inc.. (Jensen, Eric) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #9 Order. No action taken by Epling Construction, LLC, by 1/9/2019 . (RCB) Modified text on 1/10/2019 (RCB). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #10 Response to Order to Show Cause (RCB) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Ditech Financial LLC #6 filed by Ditech Financial LLC. (Attachments: #1 Exhibit A - Affidavit of Stewart Derrick, #2 Exhibit B - Excerpts from Plaintiff's Responses to Interrogatories, #3 Exhibit C - Plaintiff's Voter Registration)(Epling, Brian) |
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Filing 9
ORDER: 1. Clerk SHALL mail a copy of this Order, as well as DE #6 , to Ms. Ratliff at address listed in the docket. 2. Clerk, further, SHALL email a copy of this Order, as well as DE #6 , to attorneyrachelratliff@outlook.com. 3. Court extends the DE #6 , at 2, deadline, as to Epling only, to January 9, 2019. 4. Ms. Ratliff SHALL immediately ensure, via appropriate mechanisms, that she receives electronic notice of future case filings. Signed by Judge Robert E. Wier on 1/5/2019. (RCB)cc: COR, Ratliff w/ #6 Order via U.S. mail & email listed above. Attorney Admission packet to Ms. Ratliff also mailed this date. Modified text on 1/7/2019 (RCB).
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| Filing 8 NOTICE OF FILING by Ditech Financial LLC re #6 Order. (Attachments: #1 Exhibit - State Court Pleadings, including First Amended Complaint)(Epling, Brian) Modified text on 1/7/2019 (RCB). |
| Filing 7 ANSWER to Complaint (Second Amended) of Plaintiff by Joseph A. Badalamenti, Five Brothers Mortgage Company Services and Securing Inc..(Jensen, Eric) |
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Filing 6
ORDER: 1. Court notes removed record does not contain copy of Plas First Amended Complaint. To ensure complete record, Court ORDERS Ditech to remedy deficiency by NLT January 4, 2019. 2. Court notes removed record contains an Answer to Second Amended Complaint only as to Ditech. Court ORDERS parties to remedy deficiency by NLT January 4, 2019. 3. 3. Court ORDERS Pla to file appropriate motion for class certification by NLT than January 25, 2019. Briefing follow normal schedule. Court DENIES AS MOOT, and without prejudice to extent applicable. Following resolution Court will institute an apt case schedule. 4. Court, given Epling's Answer and participation, DENIES AS MOOT Plas motion for default judgment against Epling. 5. Court DENIES as premature Plas motion for a pretrial conference. 6. Court DENIES WITHOUT PREJUDICE Ditech's motion for summary judgment, and Plas motion for partial summary judgment against Ditech and Five Brothers. 7. Court GRANTS Epling's motion to vacate Floyd Circuit's order granting Pla summary judgment against Epling, VACATES that one-sentence order, and REINSTATES as pending matter Plas motion for partial summary judgment against Epling. Court DENIES WITHOUT PREJUDICE, Plas motion for partial summary judgment against Epling. 8. Court ORDERS Ditech to show cause w/in 10 days why case should not be remanded for lack of subject-matter jurisdiction. Ditech must remedy Plas citizenship. Party may respond to Ditech's filing w/in 5 days. Ditech may reply w/in 3 days. Matter will then stand submitted for further action. 9. Court ORDERS any party contemplating seeking remand on basis of 28:1332(d)(4)(A) or (B)3 to file such motion by NLT January 28, 2019. Signed by Judge Robert E. Wier on 12/28/2018. (TDA) cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re MOTION for Partial Summary Judgment by Glenda Ray, MOTION Alter, Amend or Vacate Order by Epling Construction, LLC, MOTION for Summary Judgment by Ditech Financial LLC. (State Court pending motions.) (RCB) |
| Filing 5 ANSWER to Second Amended Complaint by Ditech Financial LLC.(Sauer, Edmund) Modified text on 12/19/2018 (RCB). |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Ditech Financial LLC. (Sauer, Edmund) |
| Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Edmund Sauer. #1 Notice of Removal, has been filed by Ditech Financial LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB) |
| Conflict Check run. (RCB) |
| Filing 1 NOTICE OF REMOVAL from Floyd Circuit Court, case number 17-CI-244, filed by Ditech Financial LLC. (Filing fee $400; receipt number 0643-4242467) (Attachments: #1 Exhibit A - State Court Record 1 of 2, #2 Exhibit A - State Court Record 2 of 2, #3 Exhibit B - State Court Second Amended Complaint)(RCB) |
| ANSWER to Amended Complaint (State Court) by Ditech Financial LLC. (See DE #1 , attachment #1, for pdf document.) (RCB) |
| ANSWER to Complaint (State Court) by Joseph A. Badalamenti, Five Brothers Mortgage Company Services and Securing Inc. (See DE #1 , attachment #1, for pdf document.)(RCB) |
| ANSWER to Amended Complaint and COUNTER-CLAIM (State Court) by Epling Construction, LLC. (See DE #1 , attachment #1, for pdf document.)(RCB) |
| MOTION for Partial Summary Judgment against Ditech Financial, LLC and Five Brothers Mortgage Company Services and Securing, Inc., (State Court) by Glenda Ray. (See DE #1 , attachment #1, for pdf document.) (RCB) |
| MOTION to Alter, Amend or Vacate Order (State Court) by Epling Construction, LLC. (See DE #1 , attachment #2, for pdf document.) (RCB) |
| MOTION for Summary Judgment (State Court) by Ditech Financial LLC. (See DE #1 , attachment #2, for pdf document.) (RCB) |
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