Niedzinski v. Nationstar Mortgage LLC
| Vivian Niedzinski |
| Nationstar Mortgage LLC and Mr. Cooper |
| 4:2019cv40037 |
| February 26, 2019 |
| US District Court for the District of Massachusetts |
| Timothy S Hillman |
| Consumer Credit |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 26 Return receipt received for mail sent to Worcester Superior Court Delivered on 9/13/2019 (Burgos, Sandra) |
| Filing 25 District Judge Timothy S. Hillman: ORDER entered. ORDER OF REMAND to the State Court.(Castles, Martin) |
| Filing 24 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered adopting Report and Recommendations re #22 Report and Recommendations. Court rules denying #4 Motion to Dismiss for Failure to State a Claim as moot and without prejudice; denying #4 Motion to Strike as moot and without prejudice, and granting #10 Motion to Remand to State Court. (Castles, Martin) Modified on 9/11/2019 (Castles, Martin). |
| Filing 23 Case no longer referred to Magistrate Judge David H. Hennessy. (DHH, law3) |
| Filing 22 Magistrate Judge David H. Hennessy: ORDER entered. REPORT AND RECOMMENDATIONS re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE THE CLASS ACTION ALLEGATIONS MOTION to Strike filed by Mr. Cooper, #10 MOTION to Remand to State Court filed by Vivian Niedzinski. Recommendation: that Plaintiff's motion #10 be GRANTED inasmuch as it seeks remand to Worcester Superior Court; that Plaintiff's request for attorneys' fees and costs be DENIED; and that Defendant's motion to dismiss the complaint and to strike the putative class claims #4 be DENIED as moot and without prejudice. Objections to R&R due by 8/28/2019. (DHH, law3) |
| Filing 21 Electronic Clerk's Notes for proceedings held before Magistrate Judge David H. Hennessy: Motion Hearing held on 6/13/2019 on #10 MOTION to Remand to State Court filed by Vivian Niedzinski. Case called. Attorneys present: Sergei Lemberg, for the plaintiff, Matthew A. Gens for the defendant. The Court hears arguments from both parties on the $75,000 state requirement re. damages. The Court takes the matter under advisement. (Court Reporter: Debra Joyce at joycedebra@gmail.com.) (Montes, Mariliz) |
| Filing 20 ELECTRONIC NOTICE Setting Hearing on Motion #10 MOTION to Remand to State Court : Motion Hearing set for 6/13/2019 02:00 PM in Courtroom 1 - Worcester before Magistrate Judge David H. Hennessy. (Lovett, Jarrett) |
| Filing 19 Notice of Supplemental Authorities re #10 MOTION to Remand to State Court filed by Vivian Niedzinski. (Attachments: #1 Exhibit A)(Lemberg, Sergei) |
| Filing 18 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge David H. Hennessy Referred for: Report and Recommendations (rr). Motions referred: #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE THE CLASS ACTION ALLEGATIONS MOTION to Strike, #10 MOTION to Remand to State Court . Further information: R&R on motions.(Castles, Martin) Motions referred to David H. Hennessy. |
| Filing 17 REPLY to Response to #10 MOTION to Remand to State Court filed by Vivian Niedzinski. (Attachments: #1 Exhibit A)(Lemberg, Sergei) |
| Filing 16 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #15 Motion for Leave to File Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 15 Consent MOTION for Leave to File Reply Brief by Vivian Niedzinski.(Lemberg, Sergei) |
| Filing 14 Opposition re #10 MOTION to Remand to State Court filed by Mr. Cooper. (Gens, Matthew) |
| Filing 13 STATE COURT Record. (Attachments: #1 Exhibit A -- Superior Court Docket Sheet, #2 Exhibit B -- Complaint, #3 Exhibit C -- Civil Action Cover Sheet, #4 Exhibit D -- (Allowed) Motion to Appoint Special Process Server, #5 Exhibit E -- "Amended" Civil Action Cover Sheet, #6 Exhibit F -- Summons, #7 Exhibit G -- Notice of Filing Notice of Removal, #8 Exhibit H -- Superior Court Tracking Order)(Gens, Matthew) |
| Filing 12 MEMORANDUM in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE THE CLASS ACTION ALLEGATIONS MOTION to Strike filed by Vivian Niedzinski. (Lemberg, Sergei) |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Remand to State Court filed by Vivian Niedzinski. (Lemberg, Sergei) |
| Filing 10 MOTION to Remand to State Court by Vivian Niedzinski.(Lemberg, Sergei) |
| Filing 9 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #8 Motion for Extension of Time to File Response re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE THE CLASS ACTION ALLEGATIONS MOTION to Strike. Responses due by 3/19/2019. (Castles, Martin) |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE THE CLASS ACTION ALLEGATIONS MOTION to Strike by Vivian Niedzinski.(Lemberg, Sergei) |
| Filing 7 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Jones, Sherry) |
| Filing 6 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman 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 David H. Hennessy. (Jones, Sherry) |
| Filing 5 MEMORANDUM in Support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE THE CLASS ACTION ALLEGATIONS filed by Nationstar Mortgage LLC. (Gens, Matthew) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO STRIKE THE CLASS ACTION ALLEGATIONS by Nationstar Mortgage LLC.(Gens, Matthew). Added MOTION to Strike on 2/27/2019 (Jones, Sherry). |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Nationstar Mortgage LLC identifying Corporate Parent Mr. Cooper Group Inc. for Nationstar Mortgage LLC.. (Gens, Matthew) |
| Filing 2 NOTICE of Appearance by Jason A. Manekas on behalf of Nationstar Mortgage LLC (Manekas, Jason) |
| Filing 1 NOTICE OF REMOVAL by Nationstar Mortgage LLC ( Filing fee: $ 400, receipt number 0101-7557779 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A -- Civil Cover Sheet and Category Sheet, #2 Exhibit B -- Initial State Court Pleadings Served on Defendant)(Gens, Matthew) |
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