Whitman v. Rushmore Loan Management Services, LLC et al
Plaintiff: Daniel J. Whitman and Daniel H. Whitman
Defendant: U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass Through Certificates, Series 2005-4, Rushmore Loan Management Services, LLC and U.S. Bank National Association
Case Number: 1:2018cv01067
Filed: September 12, 2018
Court: US District Court for the Western District of Michigan
Presiding Judge: Robert J Jonker
Referring Judge: Ray Kent
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1444
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 2, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2018 Filing 22 ACKNOWLEDGMENT from Berrien County Circuit Court, of receipt of remanded case (pjw)
October 26, 2018 Filing 21 LETTER, certified copy of remand order and docket sheet sent to Berrien County Circuit Court (pjw)
October 25, 2018 Opinion or Order Filing 20 ORDER granting #14 motion to remand; Defendants shall pay an award of $2,500 under 28 U.S.C. 1447(c); this case is remanded to the Berrien County Circuit Court ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
October 22, 2018 Filing 19 REVISED CERTIFICATE OF SERVICE by defendants Rushmore Loan Management Services, LLC, U.S. Bank National Association as to Response in Opposition to Motion to Remand (Mullett, Christian) Modified text on 10/23/2018 (pjw).
October 22, 2018 Filing 18 RESPONSE in opposition to MOTION to remand #14 with Brief in Opposition filed by Rushmore Loan Management Services, LLC, U.S. Bank National Association (Mullett, Christian) Modified text on 10/23/2018 (pjw).
October 12, 2018 Opinion or Order Filing 17 ORDER regarding response to Motion to Remand #14 ; responses due by 10/22/2018; ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
October 12, 2018 Filing 16 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to remand #14 filed by Daniel H. Whitman (Westbrook, Theodore)
October 12, 2018 Filing 15 BRIEF in support of MOTION to remand #14 filed by Daniel H. Whitman (Attachments: #1 Exhibit 1 - Declaration of T. Westbrook) (Westbrook, Theodore)
October 12, 2018 Filing 14 MOTION to remand by plaintiff Daniel H. Whitman; (Westbrook, Theodore)
October 5, 2018 Opinion or Order Filing 13 OPINION AND ORDER denying #4 Motion for Equitable Extension of Redemption Period ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
September 28, 2018 Filing 12 RESPONSE in opposition to MOTION for Equitable Extension of Redemption Period expedited consideration requested #4 filed by Rushmore Loan Management Services, LLC, U.S. Bank National Association (Attachments: #1 Exhibit 1 - Mortgage, #2 Exhibit 2 - Note, #3 Exhibit 3 - Partial Satisfaction of Mortgage, #4 Exhibit 4 - Affidavit of Scrivener's Error, #5 Exhibit 5 - Assignment of Mortgage, #6 Exhibit 6 - Modification Program Agreement, #7 Exhibit 7 - Escrow Account Correspondence, #8 Exhibit 8 - Assignment of Mortgage, #9 Exhibit 9 - Notice of Intent to Foreclose, #10 Exhibit 10 - Debt Letter, #11 Exhibit 11 - Order Denying Motion for Preliminary Injunction, #12 Exhibit 12 - Sheriff's Deed) (Mullett, Christian) Modified text on 9/28/2018 (pjw).
September 26, 2018 Filing 11 ANSWER to First Amended Complaint with affirmative defenses by Rushmore Loan Management Services, LLC, U.S. Bank National Association (Mullett, Christian) Modified text on 9/27/2018 (pjw).
September 18, 2018 Filing 10 CORPORATE DISCLOSURE STATEMENT by Rushmore Loan Management Services, LLC identifying Corporate Parent Roosevelt Management Company, LLC for Rushmore Loan Management Services, LLC (Mullett, Christian)
September 18, 2018 Filing 9 CORPORATE DISCLOSURE STATEMENT by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association (Mullett, Christian)
September 18, 2018 Opinion or Order Filing 8 ORDER regarding response to Motion for Equitable Extension of the Redemption Period #4 ; responses due by 9/30/2018; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
September 17, 2018 Opinion or Order Filing 7 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 11/1/2018 at 04:30 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; status report due by 10/25/2018 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
September 17, 2018 Filing 6 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for Equitable Extension of Redemption Period #4 filed by Daniel H. Whitman (Westbrook, Theodore) Modified text on 9/18/2018 (pjw).
September 17, 2018 Filing 5 BRIEF in support of MOTION for Equitable Extension of Redemption Period #4 filed by Daniel H. Whitman (Attachments: #1 Exhibit 1 - Order Denying Motion for Summary Disposition) (Westbrook, Theodore) Modified text on 9/18/2018 (pjw).
September 17, 2018 Filing 4 MOTION for Equitable Extension of Redemption Period by plaintiff Daniel H. Whitman (Westbrook, Theodore) Modified text on 9/18/2018 (pjw).
September 13, 2018 Filing 3 NOTICE re #2 of Filing Removal to Federal Court by defendants Rushmore Loan Management Services, LLC, U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass Through Certificates, Series 2005-4 (Mullett, Christian)
September 13, 2018 Filing 2 NOTICE that this case has been assigned Robert J. Jonker ; with NOTICE OF DEFICIENCY re notice of filing notice of removal re corporate disclosure statement (pjw)
September 13, 2018 (NON-DOCUMENT) ATTORNEY APPEARANCE of Regina M. Slowey on behalf of defendants Rushmore Loan Management Services, LLC, U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass Through Certificates, Series 2005-4 (Slowey, Regina)
September 12, 2018 ANSWER to complaint #1 (as taken from attachment to #1 ) by Rushmore Loan Management Services, LLC, U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass Through Certificates, Series 2005-4 (pjw)
September 12, 2018 (NON-DOCUMENT) ATTORNEY APPEARANCE of Theodore J. Westbrook on behalf of plaintiff Daniel J. Whitman (Westbrook, Theodore)
September 12, 2018 FILING FEE PAID re #1 by defendants Rushmore Loan Management Services, LLC, U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass Through Certificates, Series 2005-4 in the amount of $400, receipt number 0646-4233659 (Mullett, Christian)
September 12, 2018 Filing 1 NOTICE OF REMOVAL from Berien County Circuit Court case number 18-0054-CH filed by U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass Through Certificates, Series 2005-4, Rushmore Loan Management Services, LLC (Attachments: #1 Exhibit 1, State Court Documents, Summons, Complaint, Answer as well as other state court documents, #2 Exhibit 2 continued state court documents) (Mullett, Christian) Modified text on 9/13/2018 (pjw)

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Defendant: U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass Through Certificates, Series 2005-4
Represented By: Christian K. Mullett
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Defendant: Rushmore Loan Management Services, LLC
Represented By: Christian K. Mullett
Represented By: Regina M. Slowey
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Defendant: U.S. Bank National Association
Represented By: Christian K. Mullett
Represented By: Regina M. Slowey
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Plaintiff: Daniel J. Whitman
Represented By: Theodore J. Westbrook
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Plaintiff: Daniel H. Whitman
Represented By: Theodore J. Westbrook
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