Howenstine v. PHH Mortgage Company et al
Plaintiff: William Howenstine and Van Howenstine
Defendant: American Security Insurance Company, Assurant, JP Morgan Chase Bank, PHH Mortgage Company, Ocwen Mortgage Collection Servicing, Agency, Inc and New REZ, LLC
Counter Claimant: PHH Mortgage Corporation
3Rd Party Defendant: S. J. Beaulieu, Jr., Laurie W Howenstine and Mark W Smith A Professional Law Corporation D/B/A/ Mark W. Smith & Associates Attorney-at-law; Rec. Doc. 9
Cross Claimant: Mark W Smith A Professional Law Corporation D/B/A/ Mark W. Smith & Associates Attorney-at-law and Mark W Smith A Professional Law Corporation D/B/A/ Mark W. Smith & Associates Attorney-at-law; Rec. doc. 21
Case Number: 2:2023cv01316
Filed: April 20, 2023
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Barry W Ashe
Referring Judge: Michael North
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2023 Filing 24 ANSWER to #9 PHH Mortgage Corporation's CounterClaim and Third Party Complaint for Interpleader and Crossclaim aggainst William Howenstine; CROSSCLAIM against William Howenstine by Laurie W Howenstine.(Sternberg, Scott) Modified text on 7/11/2023 (am).
July 3, 2023 Filing 23 ANSWER to #21 Answer to Third Party Complaint,, Answer to Counterclaim,, Crossclaim,,, by PHH Mortgage Corporation.(Rider, Stephen)
June 16, 2023 Opinion or Order Filing 22 ORDER granting #19 Motion for Extension of Time to Answer re #19 Third Party Complaint, as to Laurie W Howenstine answer due 7/11/2023. Signed by Judge Barry W Ashe on 06/16/2023. (am)
June 16, 2023 Filing 21 ANSWER to #9 Answer to Complaint - Notice of Removal, Third Party Complaint, Counterclaim with Jury Demand , . First CROSSCLAIM with Jury Demand MARK W.SMITH, APLC against PHH Mortgage Corporation, First CROSSCLAIM with Jury Demand against PHH Mortgage Corporation by Mark W Smith.(Attachments: #1 Exhibit SMITH-1, #2 Exhibit SMITH-2)Attorney Leonard Fisher, III added to party Mark W Smith(pty:3pd).(Fisher, Leonard) Modified text on 6/20/2023 (am).
June 15, 2023 Filing 20 Correction of Docket Entry by Clerk re #19 MOTION for Extension of Time to Answer. **Document list JOHNSTON J. BURKHARDT (Bar Roll #38687) and HALEY A. JUPITER (Bar Roll #40416) as additional counsels of record for a party in this action who have not been admitted to practice in this court. The attorneys must be removed from the signature block. Please see Local Rule 83.2.2 for this court's Procedures for Admission. Filings which list attorneys not admitted pursuant to LR 83.2.2 or 83.2.5 will not be accepted.** (am)
June 15, 2023 Filing 19 EXPARTE/CONSENT MOTION for Extension of Time to Answer by Laurie W Howenstine. (Attachments: #1 Proposed Order)Attorney Scott L. Sternberg added to party Laurie W Howenstine(pty:3pd).(Sternberg, Scott)
June 9, 2023 Filing 18 ANSWER to #9 Counterclaim filed by William Howenstine.(ss) Image QC'd on 6/14/2023 (aj).
May 31, 2023 Filing 17 SUMMONS Returned Executed; Laurie W Howenstine served on 5/29/2023, answer due 6/20/2023. (Rider, Stephen)
May 31, 2023 Filing 16 SUMMONS Returned Executed; S.J. Beaulieu, Jr served on 5/31/2023, answer due 6/21/2023. (Rider, Stephen)
May 31, 2023 Filing 15 SUMMONS Returned Executed; Mark W Smith served on 5/26/2023, answer due 6/16/2023. (Rider, Stephen)
May 24, 2023 Filing 14 Summons Issued as to S.J. Beaulieu, Jr, Laurie W Howenstine, Mark W Smith. (Attachments: #1 Summons, #2 Summons)(am)
May 24, 2023 Filing 13 Request of Summons Issued as to S.J. Beaulieu, Jr filed by PHH Mortgage Company re #9 Answer to Complaint - Notice of Removal,,, Third Party Complaint,,, Counterclaim,,. (Rider, Stephen)
May 24, 2023 Filing 12 Request of Summons Issued as to Mark W Smith filed by PHH Mortgage Company re #9 Answer to Complaint - Notice of Removal,,, Third Party Complaint,,, Counterclaim,,. (Rider, Stephen)
May 24, 2023 Filing 11 Request of Summons Issued as to Laurie W Howenstine filed by PHH Mortgage Company re #9 Answer to Complaint - Notice of Removal,,, Third Party Complaint,,, Counterclaim,,. (Rider, Stephen)
May 22, 2023 Filing 10 Correction of Docket Entry by Clerk re #9 Answer to Complaint - Notice of Removal, Third Party Complaint,Counterclaim. **1. Filing attorney did not properly format the pdf of Summons. The pdf should not have the purple fillable boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. **2. Filing attorney submitted summons on incorrect form. AO 441 is the correct summons that should be submitted for a third party. Filing attorney should resubmit third party summons on proper form** (am)
May 19, 2023 Filing 9 ANSWER to #1 Notice of Removal, , THIRD PARTY COMPLAINT against William Howenstine, S.J. Beaulieu, Jr, Mark W Smith, Laurie W Howenstine, COUNTERCLAIM against William Howenstine, S.J. Beaulieu, Jr, Mark W Smith, Laurie W Howenstine by PHH Mortgage Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Summons Laurie Howenstine, #7 Summons Mark Smith, Esq., #8 Summons S.J. Beaulieu - Trustee)(Rider, Stephen) (Attachment 6 replaced on 5/22/2023) (am). (Attachment 7 replaced on 5/22/2023) (am). (Attachment 8 replaced on 5/22/2023) (am).
May 15, 2023 Opinion or Order Filing 8 ORDER granting #7 Motion to Dismiss Party. Plaintiff's claims against JP Morgan are dismissed without prejudice, each party to bear its own costs. Signed by Judge Barry W Ashe on 5/12/23. (cg)
May 12, 2023 Filing 7 EXPARTE/CONSENT Joint MOTION to Dismiss Party JPMorgan Chase Bank, NA by Plaintiff and by JP Morgan Chase Bank. (Attachments: #1 Proposed Order)Attorney Gordon P. Serou, Jr added to party JP Morgan Chase Bank(pty:dft).(Serou, Gordon)
April 26, 2023 Filing 6 Notice of Compliance by PHH Mortgage Company re #1 Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rider, Stephen) Modified text on 4/27/2023 (am).
April 26, 2023 Opinion or Order Filing 5 ORDER granting #4 Motion for Extension of Time to Answer re #1 Notice of Removal as to PHH Mortgage Company answer due 5/18/2023. Signed by Judge Barry W Ashe on 04/25/2023. (am)
April 24, 2023 Filing 4 EXPARTE/CONSENT MOTION for Extension of Time to Answer by PHH Mortgage Company. (Attachments: #1 Proposed Order)(Rider, Stephen)
April 21, 2023 Filing 3 Directive of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal, filed by PHH Mortgage Company. By the Clerk.(am)
April 20, 2023 Filing 2 Initial Case Assignment to Judge Barry W Ashe and Magistrate Judge Michael North. (mb)
April 20, 2023 Filing 1 NOTICE OF REMOVAL from Civil District Court, Parish of Orleans, case number 2023-02243 (Filing fee $ 402 receipt number ALAEDC-9902645) filed by PHH Mortgage Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)Attorney Stephen Winthrop Rider added to party PHH Mortgage Company(pty:dft).(Rider, Stephen) (Attachment 2 replaced on 4/24/2023) (am). (Attachment 5 replaced on 4/24/2023) (am).

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Search for this case: Howenstine v. PHH Mortgage Company et al
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Plaintiff: William Howenstine
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Plaintiff: Van Howenstine
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Defendant: American Security Insurance Company
Represented By: Gordon P. Serou, Jr.
Represented By: Brian Jacob D'Angelo
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Defendant: Assurant
Represented By: Gordon P. Serou, Jr.
Represented By: Brian Jacob D'Angelo
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Defendant: JP Morgan Chase Bank
Represented By: Gordon P. Serou, Jr.
Represented By: Brian Jacob D'Angelo
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Defendant: PHH Mortgage Company
Represented By: Stephen Winthrop Rider
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Defendant: Ocwen Mortgage Collection Servicing, Agency, Inc
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Defendant: New REZ, LLC
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Counter claimant: PHH Mortgage Corporation
Represented By: Stephen Winthrop Rider
Represented By: Timothy G Byrd
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3rd party defendant: S. J. Beaulieu, Jr.
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3rd party defendant: Laurie W Howenstine
Represented By: John Jacob Chapman
Represented By: Scott L. Sternberg
Represented By: Haley A. Jupiter
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3rd party defendant: Mark W Smith A Professional Law Corporation D/B/A/ Mark W. Smith & Associates Attorney-at-law; Rec. Doc. 9
Represented By: Leonard Fisher, III
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Cross claimant: Mark W Smith A Professional Law Corporation D/B/A/ Mark W. Smith & Associates Attorney-at-law
Represented By: Leonard Fisher, III
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Cross claimant: Mark W Smith A Professional Law Corporation D/B/A/ Mark W. Smith & Associates Attorney-at-law; Rec. doc. 21
Represented By: Leonard Fisher, III
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