SELL et al v. NATIONSTAR MORTGAGE LLC et al
| KATIE SELL and SCOTT MURRAY |
| NATIONSTAR MORTGAGE LLC doing business as MR COOPER, CERTAIN UNDERWRITERS AT LLOYD'S LONDON, XOME FIELD SERVICES and CYPREXX SERVICES LLC |
| 1:2024cv00019 |
| January 25, 2024 |
| US District Court for the District of Maine |
| KAREN FRINK WOLF |
| JOHN A WOODCOCK |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney MICHAEL P. GARRITY must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 4/1/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jam) |
| Filing 22 CERTIFICATION for Admission Pro Hac Vice of Michael P. Garrity filed by CHRISTOPHER P. FLANAGAN on behalf of NATIONSTAR MORTGAGE LLC (Total admission fee $ 100 receipt number AMEDC-2928622.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (FLANAGAN, CHRISTOPHER) |
| Reset Scheduling Order Deadlines - per Order No. 21: Discovery due by 9/30/2024. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 10/7/2024. Motions due by 10/21/2024. Ready for Trial on 12/3/2024. (jad) |
Filing 21
ORDER granting #20 Objection to Scheduling Order. The parties jointly requested that the discovery deadline remain as June 21, 2024, but confusingly also request that Plaintiffs' and Defendants' respective expert designation deadlines be one month and two months beyond the discovery deadline. I will assume that the parties envision the June 21 date as a deadline for fact discovery and then intend to proceed with expert designations and any expert depositions. The parties are certainly free to phase discovery in such a manner. However, I will set an overall discovery deadline for discovery, which encompasses expert designations and other discovery. Working backwards from the motion and trial deadlines set forth in the Joint Motion, I set the following deadlines: Plaintiffs shall designate experts by July 21, 2024. Defendants shall designation experts by August 21, 2024. Discovery shall be completed by September 30, 2024. Notice of Intent to File Summary Judgment Motion shall be filed by October 7, 2024. Dispositive motions and Daubert/Kumho motions shall be filed by October 21, 2024. The case shall be ready for trial on December 3, 2024. All other deadlines set forth in the Court's original Scheduling Order shall remain the same. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN)
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| Filing 20 Joint OBJECTION to #13 Scheduling Order, filed by CYPREXX SERVICES LLC. Responses due by 3/27/2024. (WALLACE, TAMRA) |
| Filing 19 RULE 7.1 DISCLOSURE STATEMENT by XOME FIELD SERVICES. (WALLACE, TAMRA) |
| Filing 18 RULE 7.1 DISCLOSURE STATEMENT by CYPREXX SERVICES LLC. (WALLACE, TAMRA) |
| Filing 17 STATE COURT summons returned executed as to NATIONSTAR MORTGAGE LLC, CERTAIN UNDERWRITERS AT LLOYD'S LONDON, XOME FIELD SERVICES, CYPREXX SERVICES LLC by SCOTT MURRAY, KATIE SELL. (Attachments: #1 summons Xome Field Services, #2 summons Cyprexx Services, #3 summons Underwriters Lloyds London)(jad) |
| Filing 16 STATE COURT RECORD with Affidavit by NATIONSTAR MORTGAGE LLC. (FLANAGAN, CHRISTOPHER) |
| Filing 15 RULE 7.1 DISCLOSURE STATEMENT by SCOTT MURRAY. (BIGOS, MICHAEL) |
| Filing 14 RULE 7.1 DISCLOSURE STATEMENT by KATIE SELL. (BIGOS, MICHAEL) |
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Filing 13
SCHEDULING ORDER: Discovery due by 6/21/2024. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 6/28/2024. Motions due by 7/12/2024. Ready for Trial on 9/3/2024. By MAGISTRATE JUDGE KAREN FRINK WOLF. (jad)
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Filing 12
ORDER. The Plaintiffs have not filed their disclosure statements as required by Fed. R. Civ. P. 7.1(a)(2)(A). Additionally, for the reasons explained in Carrington Mortgage Services, LLC v. Gray, No. 2:23-cv-00047-JDL, 2023 WL 2308702 (D. Me. Mar. 1, 2023), Defendants Xome Field Services LLC's and Cyprexx Services LLC's disclosure statements (ECF Nos. 5-6) do not comply with the requirements of Fed. R. Civ. P. 7.1(a)(2). The Plaintiffs are ORDERED to file their disclosure statements by February 12, 2024, and Xome and Cyprexx are ORDERED to file amended disclosure statements also by February 12, 2024. (Set Deadline: Disclosure Statements due by 2/12/2024.) By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) Modified on 2/2/2024 per KFW to correct typo (jgd).
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| Filing 11 NOTICE of Appearance by ROBERT C. HATCH on behalf of CYPREXX SERVICES LLC, XOME FIELD SERVICES (HATCH, ROBERT) |
| Filing 10 STIPULATION of Dismissal Partial Stipulation of Dismissal of Defendants, Certain Underwriters at Llyod's, London Only by CERTAIN UNDERWRITERS AT LLOYD'S LONDON. (FLANAGAN, CHRISTOPHER) |
| Filing 9 RULE 7.1 DISCLOSURE STATEMENT by NATIONSTAR MORTGAGE LLC. (FLANAGAN, CHRISTOPHER) |
| Filing 8 ANSWER to Complaint with Jury Demand by NATIONSTAR MORTGAGE LLC.(FLANAGAN, CHRISTOPHER) Modified on 2/1/2024 to remove duplicative text (jad). |
| Filing 7 **FILED IN ERROR** Defendant ANSWER to Complaint with Jury Demand by CERTAIN UNDERWRITERS AT LLOYD'S LONDON.(FLANAGAN, CHRISTOPHER) Modified on 2/1/2024 to mark filed in error, counsel to refile. (jad). |
| Filing 6 RULE 7.1 DISCLOSURE STATEMENT by XOME FIELD SERVICES. (WALLACE, TAMRA) |
| Filing 5 RULE 7.1 DISCLOSURE STATEMENT by CYPREXX SERVICES LLC. (WALLACE, TAMRA) |
| Filing 4 ANSWER to Complaint by XOME FIELD SERVICES AND CYPREXX SERVICES LLC.(WALLACE, TAMRA) Modified on 2/1/2024 to clean up text (jad). |
| Filing 3 PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 2/8/2024. By DEPUTY CLERK, C. Derrah (cjd) Modified on 1/25/2024 to reflect deputy clerk issuing order (cjd). |
| Filing 2 CIVIL COVER SHEET. (cjd) |
| Filing 1 NOTICE OF REMOVAL from PENOBSCOT COUNTY SUPERIOR COURT, case number PENSC-CIV-2023-00167. 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 NATIONSTAR MORTGAGE LLC, CYPREXX SERVICES LLC, CERTAIN UNDERWRITERS AT LLOYD'S LONDON, XOME FIELD SERVICES. Fee due by 1/29/2024. (Attachments: #1 Exhibit 1 Complaint, #2 Exhibit 2 Nationstar Corporation, #3 Exhibit 3 Underwriters of Lloyds, London, #4 Exhibit 4 Xome Corporation, #5 Exhibit 5 Cyprexx Corporation)(cjd) Modified on 1/31/2024 to correct spelling of London(cjd). |
| Set Answer Deadline : Answer due by 2/1/2024. (cjd) |
| Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-2905637.), filed by NATIONSTAR MORTGAGE LLC.(FLANAGAN, CHRISTOPHER) |
| Set Deadlines : Per Civil Rule 7.1 as Amended December 1, 2022 Disclosure Statement due by 2/1/2024. (cjd) |
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