Scifo v. Alvaria, Inc. et al
| Rebecca Scifo |
| Alvaria, Inc. and Carrington Mortgage Services, LLC |
| 1:2023cv11143 |
| May 22, 2023 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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| Filing 12 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Named plaintiff Brian Nulf and all named plaintiffs in five related actionsCronin, et al. v. Alvaria, Inc., et al., No. 1-23-cv-11007-ADB; Pharr v. Alvaria, Inc., et al., No. 1:23-cv-11053-AK; Cerda, et al. v. Alvaria, Inc., et al., No. 1:23-cv-11088-AK; Scifo v. Alvaria, Inc., et al., No. 1:23-cv-11143-ADB; and Smith v. Alvaria, Inc., et al., No. 1:23-cv-11205-ADB (collectively, Plaintiffs)request that these cases be consolidated pursuant to Federal Rule of Civil Procedure 42(a). [ECF No. 12 ]. Plaintiffs further request under Federal Rule of Civil Procedure 23(g) that the Court appoint as interim lead counsel Brian D. Flick of DannLaw, Mason A. Barney of Siri & Glimstad LLP, Brian C. Gudmundson of Zimmerman Reed LLP, and Gary Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC, as well as Mona Amini of Kazerouni Law Group, APC as liaison counsel. [Id.]. Defendants support consolidation and do not take a position with respect to the proposed interim class counsel. [Id.]For substantially the reasons set forth in Plaintiffs unopposed motion and supporting memorandum of law, [ECF Nos. 12 , 13 ], the motion is GRANTED. Pursuant to Federal Rule of Civil Procedure 42(a), the cases are therefore consolidated,Fed. R. Civ. P. 42(a) ("If actions before the court involve a common question of law or fact, the court may... consolidate the actions."), and pursuant to Federal Rule of Civil Procedure 23(g), the attorneys identified above are appointed as interim lead and liaison counsel, Fed. R. Civ. P. 23(g)(3) (The court may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action).Plaintiffs shall file a consolidated amended complaint no later than August 14, 2023. Defendants response will be due 30 days after the filing of the consolidated amended complaint.Associated Cases: 1:23-cv-10999-ADB ; 1:23-cv-11007-ADB; 1:23-cv-11053-AK; 1:23-cv-11088-AK; 1:23-cv-11143-ADB; 1:23-cv-11205-ADB (McManus, Caetlin) |
| Filing 11 NOTICE of Appearance by Thomas C. Blatchley on behalf of Carrington Mortgage Services, LLC (Blatchley, Thomas) |
| Filing 10 NOTICE of Appearance by Rachel Kristine Tack on behalf of Rebecca Scifo (Tack, Rachel) |
| Filing 9 NOTICE of Appearance by Michael J Laird on behalf of Rebecca Scifo (Laird, Michael) |
| Filing 8 NOTICE of Appearance by Brian C Gudmundson on behalf of Rebecca Scifo (Gudmundson, Brian) |
| Filing 7 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #4 , #5 , and #6 Motions for Leave to Appear Pro Hac Vice; Added Brian C. Gudmundson, Michael J. Laird, and Rachel K. Tack. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(McManus, Caetlin) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Rachel K. Tack Filing fee: $ 125, receipt number AMADC-9927415 by Rebecca Scifo. (Attachments: #1 Certification of Rachel K. Tack)(Pastor, David) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Laird Filing fee: $ 125, receipt number AMADC-9927400 by Rebecca Scifo. (Attachments: #1 Certification of Michael L. Laird)(Pastor, David) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Brian C. Gudmundson Filing fee: $ 125, receipt number AMADC-9927394 by Rebecca Scifo. (Attachments: #1 Certification of Brian C. Gudmundson)(Pastor, David) |
| Filing 3 Summons Issued as to Alvaria, Inc., Carrington Mortgage Services, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (de Oliveira, Flaviana) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9867143 (Fee Status: Filing Fee paid), filed by REBECCA SCIFO, individually and on behalf of all others similarly situated. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Category Form)(Pastor, David) |
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