Swincher et al v. Fay Servicing, LLC et al
| Kevin L. Swincher and Dawn Swincher |
| Caliber Home Loans (Newrez LLC), Fay Servicing, LLC and US Bank Trust National Association |
| 1:2025cv00015 |
| January 31, 2025 |
| U.S. District Court for the Western District of Kentucky |
| H Brent Brennenstuhl |
| Greg N Stivers |
| Consumer Credit |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2025. A more recent docket listing may be available from PACER.
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Filing 14
TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 3/26/2025. Plaintiff Kevin Swincher has notified the Court that he anticipates undergoing surgery and requests a STAY on the case pending his recovery. IT IS ORDERED The Plaintiffs' Reply on their Motion to Remand, DN 11, is STAYED, as is the Rule 16 Scheduling Conference scheduled at DN 10. The Court will conduct a Telephonic Status Conference on 5/29/2025 at 10:30 AM, CDT, before Magistrate Judge H. Brent Brennenstuhl, to discuss establishing new deadlines. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, Plaintiffs, Traci Duff (KLL)
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| Filing 13 Joinder by Caliber Home Loans (Newrez LLC) to #12 Response to Motion filed by Fay Servicing, LLC (Attachments: #1 Exhibit Answer of Caliber) by Caliber Home Loans (Newrez LLC). (Blaske, Nathan) |
| Filing 12 RESPONSE to Motion re #11 MOTION to Remand filed by Fay Servicing, LLC. (Kenney, Jonathan) |
| Filing 11 PLAINTIFFS' MOTION TO REMAND TO STATE COURT by Plaintiffs Dawn Swincher and Kevin L. Swincher. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Proposed Order) (KDY) |
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Filing 10
ORDER FOR RULE 16 SCHEDULING CONFERENCE (EBOC) by Chief Judge Greg N. Stivers on 2/14/2025. Telephonic Scheduling Conference set for 4/2/2025 at 10:30 AM CT/11:30 AM ET before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. Counsel who will try the case shall participate in the conference. Counsel for the parties shall conduct the meeting of parties by 3/12/2025. Rule 26 Meeting Report due by 3/26/2025. See Order for specific details. cc: counsel, Plaintiffs (pro-se), K.Lovell-CM (DeW)
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| Filing 9 NOTICE: Pursuant to 28 U.S.C. Section 636(c) and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action including a (jury or non-jury) trial and to order the entry of a final judgment. You may consent to have your case referred to a Magistrate Judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States Magistrate Judge conduct all proceedings in this case, please complete the #Notice, Consent, and Reference of a Civil Action to a Magistrate Judge and send a copy of this document to the clerks office via regular mail or email at # intake-kywECF@kywd.uscourts.gov. (TJD) |
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Filing 8
TEXT ORDER by Chief Judge Greg N. Stivers on 2/14/2025; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge H. Brent Brennenstuhl, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Brennenstuhl is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record; Plaintiffs, pro se; KLL (TJD) Modified on 2/14/2025 (TJD).
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| Filing 7 NOTICE OF FILING STATE COURT PLEADINGS by Fay Servicing, LLC re #1 Notice of Removal,,, (Attachments: #1 Exhibit A - State Court Pleadings) (Kenney, Jonathan) |
| ANSWER to Complaint by Caliber Home Loans (Newrez LLC) filed in state court (See DN 7-1). (TJD) |
| ANSWER to Complaint by Fay Servicing, LLC. filed in state court (See DN 7-1). (TJD) |
| Filing 6 Corporate Disclosure Statement (pursuant to Rule 7.1(a)) identifying Corporate Parent NRZ Acquisition LLC, Corporate Parent Rithm Capital Corp. for Caliber Home Loans (Newrez LLC); filed by Caliber Home Loans (Newrez LLC). (Blaske, Nathan) |
| Filing 5 NOTICE of Appearance by Nathan H. Blaske on behalf of Caliber Home Loans (Newrez LLC) (Blaske, Nathan) |
| Filing 4 CLERK'S NOTICE to the Warren Circuit Court Clerk and counsel/parties of record re #1 Notice of Removal. (KDY) |
| Filing 3 Corporate Disclosure Statement (pursuant to Rule 7.1(a)) filed by Fay Servicing, LLC identifying Other Affiliate Fay Financial, LLC for Fay Servicing, LLC. (KDY) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (KDY) |
| Filing 1 NOTICE OF REMOVAL filed by Fay Servicing, LLC from Warren Circuit Court, case number 24-CI-01871. (Filing fee $405, receipt number AKYWDC-4184307) Notice to counsel: Pursuant to LR 81.1(a), the removing party must electronically file any portion of the state court record it considers relevant to the removed action that the removing party did not file at the time of removal pursuant to 28 U.S.C. 1446(a). Pursuant to LR 81.1(b), any motion that remains pending in state court at the time of removal that the movant wishes the District Court to rule upon must be refiled in the District Court case within 14 days after removal. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Exhibit C - Notice of Consent, #4 Cover Sheet) (KDY) |
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