Miller v. Recovco Mortgage Management, LLC, et al
Plaintiff: Rabbi Yitzhak Miller
Defendant: Recovco Mortgage Management, LLC dba Sprout Mortgage, Specialized Loan Servicing, LLC, Sprout Mortgage, LLC, HOF I Title Trust 3 by and through U.S. Bank Trust National Association, Trustee, Recovco Mortgage Management, LLC doing business as Sprout Mortgage, HOF I Legal Title Trust 3, Orleans Parish Office of the Sheriff, Law Offices of Herschel C. Adcock, Jr. and Property
Case Number: 2:2022cv00007
Filed: January 3, 2022
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Dana Douglas
Referring Judge: Eldon E Fallon
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2022 Filing 39 Correction of Docket Entry by Clerk re #38 MOTION to Dismiss for Failure to State a Claim, MOTION for Joinder, MOTION motion to dismiss for failure to state a claim; alternatively to cure violation of Rule 8 and to join a party. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. (cwa)
March 2, 2022 Filing 38 MOTION to Dismiss for Failure to State a Claim, MOTION for Joinder, MOTION motion to dismiss for failure to state a claim; alternatively to cure violation of Rule 8 and to join a party by Law Offices of Herschel C. Adcock, Jr. Motion(s) will be submitted on 4/13/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Berthelot, Ronnie) Modified text/removed referral on 3/3/2022 (cwa).
February 28, 2022 Filing 37 Request/Statement of Oral Argument by HOF I Legal Title Trust 3, Specialized Loan Servicing, LLC regarding #36 MOTION to Dismiss Defendants' Partial Motion to Dismiss (Simonson, Eric)
February 28, 2022 Filing 36 MOTION to Dismiss Defendants' Partial Motion to Dismiss by HOF I Legal Title Trust 3, Specialized Loan Servicing, LLC. Motion(s) will be submitted on 3/30/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Notice of Submission)(Simonson, Eric)
February 25, 2022 Filing 35 NOTICE: Having considered the #32 notice, the applicable law, and the nature of Plaintiff's pleading in this litigation, the Court is of the view that the Bankruptcy Code's automatic stay provision, 11 U.S.C. 362(a), is inapplicable here. Accordingly, the automatic stay imposed as a result of Plaintiff's bankruptcy filing does not apply to this matter, and this litigation shall therefore proceed. Signed by Judge Eldon E. Fallon on 2/25/2022.(cwa)
February 25, 2022 Opinion or Order Filing 34 ORDER granting #30 and #33 Motion for Extension of Time to File Response/Reply re #20 Amended Complaint, as to Law Offices of Herschel C. Adcock, Jr. answer due 4/15/2022; Recovco Mortgage Management, LLC answer due 4/15/2022; Sprout Mortgage, LLC answer due 4/15/2022. Signed by Judge Eldon E. Fallon on 2/25/2022. (mmm)
February 24, 2022 Filing 33 EXPARTE/CONSENT Second MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, #20 Amended Complaint by Law Offices of Herschel C. Adcock, Jr. (Attachments: #1 Memorandum in Support)(Berthelot, Ronnie) Modified text/linkage on 2/25/2022 (cwa). (Additional attachment(s) added on 2/25/2022: #2 Proposed Order) (cwa).
February 24, 2022 Filing 32 NOTICE of plaintiff's Bankruptcy by Law Offices of Herschel C. Adcock, Jr. (Attachments: #1 Memorandum in Support)(Berthelot, Ronnie) Modified text/linkage on 2/24/2022 (cwa).
February 24, 2022 Filing 31 Correction of Docket Entry by Clerk re #30 MOTION for Extension of Time to Answer re #20 Amended Complaint. 1. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Exparte/Consent motions are not set for submission. Clerk modified docket text to reflect Exparte and removed submission date. 2. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. 3. Proposed Order should be added as a separate attachment to the motion and not as part of the motion. Clerk took corrective action. No further action is necessary. (cwa)
February 23, 2022 Filing 30 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #20 Amended Complaint, by Recovco Mortgage Management, LLC, Sprout Mortgage, LLC. (Seanor, Christina) (Main Document 30 replaced on 2/24/2022) (cwa). (Additional attachment(s) added on 2/24/2022: #1 Proposed Order) (cwa). Modified text/removed referral and submission date on 2/24/2022 (cwa).
February 1, 2022 Opinion or Order Filing 29 ORDER granting #24 Motion for Extension of Time to File Response/Reply. The Law Offices of Herschel C. Adcock, Jr., L.L.C., shall file responsive pleadings on or before March 7, 2022. IT IS FURTHER ORDERED that this extension applies to the removed complaint filed by the plaintiff, (Rec. Doc.1) and the Amended Complaint filed by the plaintiff (Rec. Doc. 20). Signed by Judge Eldon E. Fallon on 1/31/2022. (cwa)
January 28, 2022 Filing 28 Summons Issued as to Law Offices of Herschel C. Adcock, Jr., Orleans Parish Office of the Sheriff. (Attachments: #1 Summons)(bwn)
January 28, 2022 Filing 27 Request of Summons Issued as to Law Offices of Herschel C. Adcock, Jr., Orleans Parish Office of the Sheriff filed by Rabbi Yitzhak Miller re #20 Amended Complaint,. (Attachments: #1 Summons, #2 Summons)(bwn)
January 28, 2022 Opinion or Order Filing 26 ORDER granting #23 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that U.S. Bank Trust National Association, not in its individual capacity but solely as trustee for HOF I Legal Title Trust 3, and Specialized Loan Servicing, LLC's deadline to file responsive pleadings to Rabbi Yitzhak Miller's First Amended Complaint is extended for twenty-one (21) days, up to and including February 28, 2021. Signed by Judge Eldon E. Fallon on 1/28/2022. (cwa)
January 28, 2022 Opinion or Order Filing 25 ORDER granting #21 Motion for Extension of Time to Answer as to Recovco Mortgage Management, LLC answer due 2/28/2022; Sprout Mortgage, LLC answer due 2/28/2022. Signed by Judge Eldon E. Fallon on 1/28/2022. (cwa)
January 27, 2022 Filing 24 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, #20 Amended Complaint, by Law Offices of Herschel C. Adcock, Jr. (Attachments: #1 Proposed Order)Attorney Ronnie J. Berthelot added to party Law Offices of Herschel C. Adcock, Jr.(pty:dft).(Berthelot, Ronnie) Modified text on 1/28/2022 (cwa).
January 26, 2022 Filing 23 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #20 Amended Complaint, by HOF I Legal Title Trust 3, Specialized Loan Servicing, LLC. (Attachments: #1 Proposed Order)(Simonson, Eric) Modified text on 1/27/2022 (cwa).
January 26, 2022 Filing 22 Correction of Docket Entry by Clerk re #21 MOTION for Extension of Time to Answer re #20 Amended Complaint, Pursuant to L.R. 7.8. Proposed Order should be added as a separate attachment to the motion and not as part of the motion. Clerk took corrective action. No further action is necessary. (cwa)
January 25, 2022 Filing 21 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #20 Amended Complaint, Pursuant to L.R. 7.8 by Recovco Mortgage Management, LLC, Sprout Mortgage, LLC. (Seanor, Christina) (Main Document 21 replaced on 1/26/2022) (cwa). (Additional attachment(s) added on 1/26/2022: #1 Proposed Order) (cwa).
January 24, 2022 Filing 20 FIRST AMENDED COMPLAINT against HOF I Legal Title Trust 3, Recovco Mortgage Management, LLC, Specialized Loan Servicing, LLC, Sprout Mortgage, LLC, Orleans Parish Office of the Sheriff, Law Offices of Herschel C. Adcock, Jr., Property filed by Rabbi Yitzhak Miller.(cwa)
January 24, 2022 Opinion or Order Filing 19 ORDER granting #18 Motion for Leave to File Amended Complaint. Signed by Judge Eldon E. Fallon on 1/24/2022. (cwa)
January 20, 2022 Filing 18 EXPARTE/CONSENT MOTION for Leave to File First Amended Complaint by Rabbi Yitzhak Miller. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(bwn)
January 20, 2022 Filing 17 NOTICE of Change of Address by Eric J. Simonson on behalf of HOF I Legal Title Trust 3, Specialized Loan Servicing, LLC. (Simonson, Eric)
January 20, 2022 Filing 16 STIPULATION by Recovco Mortgage Management, LLC, Sprout Mortgage, LLC , Rabbi YJ Miller, Esq., Pro Se Plaintiff, Specialized Loan Servicing, LLC and HOF I Legal Title Trust 3 (Seanor, Christina)
January 10, 2022 Filing 15 Notice of Compliance by HOF I Legal Title Trust 3, Specialized Loan Servicing, LLC re #1 Notice of Removal,,. (Simonson, Eric)
January 7, 2022 Filing 14 AMENDED NOTICE OF REMOVAL from CDC, Parish of Orleans, case number 2021-09616, J-15 filed by Specialized Loan Servicing, LLC, HOF I Legal Title Trust 3.(cwa)
January 7, 2022 Opinion or Order Filing 13 ORDER granting #11 Motion for Leave to File Amended Notice of Removal. Signed by Judge Eldon E. Fallon on 1/7/2022. (cwa)
January 5, 2022 Opinion or Order Filing 12 ORDER granting #2 Motion for Extension of Time to File Response/Reply. Signed by Judge Eldon E. Fallon on 1/5/2022. (cwa)
January 5, 2022 Filing 11 EXPARTE/CONSENT MOTION for Leave to File Amended Notice of Removal by HOF I Legal Title Trust 3, Specialized Loan Servicing, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Simonson, Eric) Modified text on 1/6/2022 (cwa).
January 4, 2022 Filing 10 NOTICE of Appearance by Avery Ann Simmons on behalf of Recovco Mortgage Management, LLC, Sprout Mortgage, LLC. (Simmons, Avery)
January 4, 2022 Filing 9 Consent to Removal by Recovco Mortgage Management, LLC, Sprout Mortgage, LLC (Seanor, Christina)
January 4, 2022 Filing 8 NOTICE of Appearance by Christina M. Seanor on behalf of Recovco Mortgage Management, LLC, Sprout Mortgage, LLC. (Seanor, Christina)
January 4, 2022 Filing 7 Correction of Docket Entry by Clerk re #3 Statement of Corporate Disclosure. Filing attorney should have entered the Corporate Parent at the prompt 'Search for a corporate parent or other affiliate'. Clerk took corrective action. (cwa)
January 4, 2022 Filing 6 DIRECTIVE of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal.(cwa)
January 3, 2022 Filing 5 Civil Cover Sheet Submitted (Simonson, Eric)
January 3, 2022 Filing 4 Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Dana Douglas. (go)
January 3, 2022 Filing 3 Statement of Corporate Disclosure by HOF I Legal Title Trust 3, Specialized Loan Servicing, LLC identifying Corporate Parent Specialized Loan Servicing Holdings LLC, Corporate Parent Computershare Limited for Specialized Loan Servicing, LLC; Corporate Parent U.S. Bancorp for HOF I Legal Title Trust 3 (Simonson, Eric) Modified text/corporate parents on 1/4/2022 (cwa).
January 3, 2022 Filing 2 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint Pursuant to L.R. 7.8 by HOF I Title Trust 3 by and through U.S. Bank Trust National Association, Trustee, Specialized Loan Servicing, LLC. (Attachments: #1 Proposed Order)(Simonson, Eric)
January 3, 2022 Filing 1 NOTICE OF REMOVAL from Civil District Court for the Parish of Orleans, case number 2021-09616 (Filing fee $ 402 receipt number ALAEDC-9165345) filed by Specialized Loan Servicing, LLC, HOF I Title Trust 3 by and through U.S. Bank Trust National Association, Trustee. (Attachments: #1 Exhibit A)Attorney Eric J. Simonson added to party HOF I Title Trust 3 by and through U.S. Bank Trust National Association, Trustee(pty:dft), Attorney Eric J. Simonson added to party Specialized Loan Servicing, LLC(pty:dft).(Simonson, Eric)

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Search for this case: Miller v. Recovco Mortgage Management, LLC, et al
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Plaintiff: Rabbi Yitzhak Miller
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Defendant: Recovco Mortgage Management, LLC dba Sprout Mortgage
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Defendant: Specialized Loan Servicing, LLC
Represented By: Eric J. Simonson
Represented By: Trevor C. Mosby
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Defendant: Sprout Mortgage, LLC
Represented By: Avery Ann Simmons
Represented By: Christina M. Seanor
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Defendant: HOF I Title Trust 3 by and through U.S. Bank Trust National Association, Trustee
Represented By: Eric J. Simonson
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Defendant: Recovco Mortgage Management, LLC doing business as Sprout Mortgage
Represented By: Avery Ann Simmons
Represented By: Christina M. Seanor
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Defendant: HOF I Legal Title Trust 3
Represented By: Eric J. Simonson
Represented By: Trevor C. Mosby
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Defendant: Orleans Parish Office of the Sheriff
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Defendant: Law Offices of Herschel C. Adcock, Jr.
Represented By: Ronnie J. Berthelot
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Defendant: Property
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