MALLETT v. BRODERICK et al
Plaintiff: ERIC MALLETT
Defendant: PERFORMANT RECOVERY INC, RICHARD H BRODERICK, JR and UNITED STATES OF AMERICA
Case Number: 1:2020cv00390
Filed: October 20, 2020
Court: US District Court for the District of Maine
Presiding Judge: JOHN C NIVISON
Referring Judge: NANCY TORRESEN
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2020 Opinion or Order Filing 31 ORDER granting #30 Motion to Extend the Deadline for the United States to Respond to Plaintiff's Motion for Preliminary Injunction (Second) - By JUDGE NANCY TORRESEN. (mnd)
December 16, 2020 Reset Deadlines as to #8 MOTION for Preliminary Injunction Against United States of America - Per Order #31: Response deadline reset to 12/22/2020. (mnd)
December 15, 2020 Filing 30 Consent MOTION to Extend Time the Deadline for the United States to Respond to Plaintiff's Motion for Preliminary Injunction (Second) by UNITED STATES OF AMERICA Responses due by 1/5/2021. (EILER, ASHLEY)
December 7, 2020 Filing 29 CORPORATE DISCLOSURE STATEMENT , RULE 7.1 by PERFORMANT RECOVERY INC. (ADAMS, KIP)
December 4, 2020 Filing 28 ANSWER to #7 Amended Complaint Affirmative Defenses and Jury Demand by PERFORMANT RECOVERY INC.(ADAMS, KIP) Modified on 12/7/2020 to clean up text (mnd).
November 23, 2020 Filing 27 ANSWER to #7 Amended Complaint,,, by RICHARD H BRODERICK, JR.(BOWIE, JAMES)
November 18, 2020 Opinion or Order Filing 26 ORDER granting #25 Motion to Extend Time to File Response to Amended Complaint. Time is extended to December 4, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
November 18, 2020 Reset Answer Deadline for PERFORMANT RECOVERY INC - Per Order #26: Answer due by 12/4/2020. (mnd)
November 17, 2020 Filing 25 MOTION to Extend Time to File Answer re #7 Amended Complaint,,, by PERFORMANT RECOVERY INC Responses due by 12/8/2020. (ADAMS, KIP)
November 17, 2020 Filing 24 NOTICE of Appearance by KIP J. ADAMS on behalf of PERFORMANT RECOVERY INC (ADAMS, KIP)
November 16, 2020 Filing 23 NOTICE - The Hearing on the Motion for Preliminary Injunction that was scheduled for November 20, 2020 has been cancelled in accordance with Order #22. (mnd)
November 16, 2020 Opinion or Order Filing 22 ORDER granting 21 Motion to Remove 11/20/2020 Hearing from Calendar ; granting 21 Motion to Extend Time - By JUDGE NANCY TORRESEN. (mnd)
November 16, 2020 Reset Deadlines as to #8 MOTION for Preliminary Injunction Against United States of America - Per Order #22: Response due by 12/15/2020. (mnd)
November 15, 2020 Filing 21 MOTION to Remove 11/20/2020 Hearing from Calendar, MOTION to Extend Time for United States to Respond to Motion for Preliminary Injunction by ERIC MALLETT. No PDF document is attached to this docket entry. To view PDF document, see ECF No. 20. (mnd)
November 15, 2020 Filing 20 NOTICE of Likely Settlement Between Plaintiff and Defendant United States by ERIC MALLETT (COX, THOMAS) Modified on 11/16/2020 to clean up text (mnd).
November 12, 2020 Opinion or Order Filing 19 ORDER granting in part #18 Motion to Extend Time. The United States's response to the Motion for Preliminary Injunction shall be filed on, or before, 3:00 p.m. on November 17, 2020. By JUDGE NANCY TORRESEN. (MMB)
November 12, 2020 Reset Deadlines as to #8 MOTION for Preliminary Injunction Against United States of America - Per Order #19: Response due by 3:00 p.m. on 11/17/2020. (mnd)
November 11, 2020 Filing 18 Consent MOTION to Extend Time for the United States to Respond to Plaintiff's Motion for Preliminary Injunction (ECF No. 8) Until November 17, 2020 by UNITED STATES OF AMERICA Responses due by 12/2/2020. (EILER, ASHLEY)
November 9, 2020 Opinion or Order Filing 17 ORDER granting #11 Motion for Expedited Hearing - By JUDGE NANCY TORRESEN. (mnd)
November 9, 2020 Set Answer Deadline for RICHARD H BRODERICK, JR - Per Summons Returned Executed #16: Answer due by 11/23/2020. (mnd)
November 8, 2020 Filing 16 SUMMONS Returned Executed by ERIC MALLETT. RICHARD H BRODERICK, JR served on 11/2/2020. (COX, THOMAS)
November 5, 2020 Filing 15 AFFIDAVIT re #8 MOTION for Preliminary Injunction Against United States of America Declaration of Thomas A. Cox filed by ERIC MALLETT. (Attachments: #1 Exhibit Bureau of Fiscal Serv.--Page Not Found, #2 Exhibit AWG Hearing Request, #3 Exhibit Cox email to DOT, #4 Exhibit DOT response to Cox email, #5 Exhibit DOT Second Offset Letter)(COX, THOMAS)
November 4, 2020 Filing 14 NOTICE OF VIDEO HEARING re #8 MOTION for Preliminary Injunction Against United States of America : Oral Argument set for 11/20/2020 at 10:00 AM before JUDGE NANCY TORRESEN. All participants have been provided with the video connection information. (mnd)
November 3, 2020 Opinion or Order Filing 13 ORDER granting #11 by consent of the United States Motion to Amend Procedural Order to shorten time for response. By JUDGE NANCY TORRESEN. (MMB)
November 3, 2020 Filing 12 NOTICE of Docket Entry Modification regarding #10 MOTION to Amend Procedural Order to Shorten Time and MOTION for Expedited Hearing : Motion modified by the Clerk's Office to reflect that it was filed in error and has been re-filed as ECF No. 11. (mnd)
November 3, 2020 Filing 11 MOTION to Amend Procedural Order to Shorten Time and for Expedited Hearing by ERIC MALLETT Responses due by 11/24/2020. (COX, THOMAS). Added MOTION for Expedited Hearing on 11/3/2020 (mnd).
November 3, 2020 Filing 10 **FILED IN ERROR* MOTION to Amend Procedural Order to Shorten Time and for Expedited Hearing by ERIC MALLETT Responses due by 11/24/2020. (COX, THOMAS). Added MOTION for Expedited Hearing on 11/3/2020 (mnd). Modified on 11/3/2020 to add filed in error notation - Motion has been refiled as ECF No. 11 (mnd).
November 3, 2020 Reset Deadlines as to #8 MOTION for Preliminary Injunction Against United States of America - Per Order #13: Response deadline reset to 11/12/2020. (mnd)
October 30, 2020 Filing 9 AFFIDAVIT re #8 MOTION for Preliminary Injunction Against United States of America filed by ERIC MALLETT. (COX, THOMAS)
October 30, 2020 Filing 8 MOTION for Preliminary Injunction Against United States of America by ERIC MALLETT Responses due by 11/20/2020. (COX, THOMAS)
October 30, 2020 Filing 7 First AMENDED COMPLAINT against All Defendants, filed by ERIC MALLETT. (Service of Process Deadline 1/28/2021) (Attachments: #1 Exhibit Mallet Morrtgage to United States, #2 Exhibit Mallett Ack of Serv of Process, #3 Exhibit Mallett Stip to Forecl Judgment, #4 Exhibit Motion to Waive Equity of Redemption, #5 Exhibit Stipulated Judgment of Foreclosure, #6 Exhibit Reinstatement & Waiver of Foreclosuere, #7 Exhibit Demand Letter of Mallett Counsel, #8 Exhibit Response of USDA Counsel, #9 Exhibit United States Motion to Vacate, #10 Exhibit Order Granting Motion to Vacate, #11 Exhibit Order Reinstating Foreclosure Judgment, #12 Exhibit Notice of Public Sale, #13 Exhibit Performant Collection Letter, #14 Exhibit Dept of Treasury Offset Letter)(COX, THOMAS)
October 30, 2020 Filing 6 SUMMONS Returned Executed by ERIC MALLETT. UNITED STATES OF AMERICA served on 10/26/2020. (COX, THOMAS)
October 30, 2020 Filing 5 SUMMONS Returned Executed by ERIC MALLETT. PERFORMANT RECOVERY INC served on 10/27/2020. (COX, THOMAS) Modified on 10/30/2020 to correct date served to be 10/27/2020 (mnd).
October 30, 2020 Filing 4 NOTICE of Appearance by ASHLEY E. EILER on behalf of UNITED STATES OF AMERICA (EILER, ASHLEY)
October 30, 2020 Set Answer Deadline for PERFORMANT RECOVERY INC - Per Summons Returned Executed #5: Answer due by 11/17/2020. (mnd)
October 30, 2020 Set Answer Deadline for UNITED STATES OF AMERICA - Per Summons Returned Executed #6: Answer due by 12/28/2020. (mnd)
October 22, 2020 Filing 3 Summons Issued as to RICHARD H BRODERICK, JR, PERFORMANT RECOVERY INC, UNITED STATES OF AMERICA. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Performant Recovery, Inc summons, #2 U.S. Attorney summons)(bfa)
October 22, 2020 Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number AMEDC-2347405.), filed by ERIC MALLETT.(COX, THOMAS)
October 20, 2020 Filing 2 CIVIL COVER SHEET. (bfa)
October 20, 2020 Filing 1 COMPLAINT against RICHARD H BRODERICK, JR, PERFORMANT RECOVERY INC, UNITED STATES OF AMERICA with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by ERIC MALLETT. (Service of Process Deadline 1/19/2021) Fee due by 10/22/2020. (Attachments: #1 Exhibit 1 - mortgage, #2 Exhibit 2 - acknowledgment of service by mail, #3 Exhibit 3 - stipulation to foreclosure judgment, #4 Exhibit 4 - motion to waive equity of redemption, #5 Exhibit 5 - stipulated judgment of foreclosure, #6 Exhibit 6 - reinstatement and waiver of foreclosure, #7 Exhibit 7 - demand letter, #8 Exhibit 8 - Broderick letter to Mallett's counsel, #9 Exhibit 9 - USA motion to vacate, #10 Exhibit 10 - order granting USDA motion to vacate, #11 Exhibit 11 - order reinstating 12/2/19 stipulated judgment)(bfa)

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Defendant: PERFORMANT RECOVERY INC
Represented By: KIP J. ADAMS
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Defendant: RICHARD H BRODERICK, JR
Represented By: JAMES M. BOWIE
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Defendant: UNITED STATES OF AMERICA
Represented By: ASHLEY E. EILER
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Plaintiff: ERIC MALLETT
Represented By: THOMAS A. COX
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