Thomas v. Nationstar Mortgage, LLC
| James W. Thomas |
| Nationstar Mortgage, LLC doing business as Mr. Cooper |
| 2:2022cv00088 |
| July 7, 2022 |
| U.S. District Court for the Southern District of Mississippi |
| LaKeysha Greer Isaac |
| Halil S Ozerden |
| Robert H Walker |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 36
FINAL JUDGMENT in accordance with the Order entered granting Nationstar Mortgage, LLC, #18 Motion for Judgment on the Pleadings. This civil action is dismissed with prejudice. Signed by District Judge Halil S. Ozerden on 2/6/2023. (LDR)
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Filing 35
Memorandum Opinion and Order granting re #18 MOTION for Judgment on the Pleadings . Signed by District Judge Halil S. Ozerden on 2/6/2023. (LDR)
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| ***Deadlines/Hearings terminated. Telephonic Case Management Conference set for 11-30-22 per Order - Docket No. 34. (NL) |
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Filing 34
ORDER granting #33 Unopposed Motion to Continue Initial Case Deadlines. Signed by Magistrate Judge LaKeysha Greer Isaac on 11/22/2022 (NL)
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TEXT ONLY ORDER. Counsel for plaintiff shall promptly notify the Magistrate Judge of a decision on the motions and shall submit a proposed order lifting the stay, if appropriate. Within fourteen (14) days of entry of the order lifting the stay, the parties shall confer in accordance with L.U.Civ.R.26(c), and all other deadlines will be determined accordingly. A telephonic case management conference shall be scheduled within sixty (60) days of the lifting of the stay. The parties should notify the Court by letter if within thirty (30) days of the lifting of the stay they have not received notice of the case management conference. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 11/22/2022 (NL)
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| Filing 33 Unopposed MOTION to Continue Initial Case Deadlines by Nationstar Mortgage, LLC (Rouse, John) |
| Filing 32 *RESTRICTED* DOCUMENTS (Exhibit 5 and Exhibit 6) pursuant to TEXT ONLY Order on Motion to Seal or Restrict Document, #23 Response in Opposition to Motion,, filed by James W. Thomas, #31 Notice of Conventional Filing filed by James W. Thomas. (Attachments: #1 Exhibit 6)(LDR) |
| Filing 31 NOTICE OF CONVENTIONAL FILING filed by James W. Thomas. (LDR) |
| Filing 30 Rule 16(a) Initial Order Telephonic Case Management Conference set for 11/30/2022 02:30 PM before Magistrate Judge LaKeysha Greer Isaac. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to isaac_chambers@mssd.uscourts.gov. The parties are instructed to use the following Dial-in Number for the Conference: (888) 684-8852 PASSCODE: 3566012 (PLEASE NOTE: Parties are directed to use the Case Management Order Form 1 found on the Court's website - Last Updated: Jan 2022). (NL) |
| Filing 29 Corporate Disclosure Statement by Nationstar Mortgage, LLC identifying Corporate Parent Nationstar Sub 1 LLC, Corporate Parent Nationstar Sub2 LLC, Corporate Parent Nationstar Mortgage Holdings, Inc., Other Affiliate BlackRock, Inc., Other Affiliate Mr. Cooper Group Inc., Other Affiliate The Vanguard Group, Inc. for Nationstar Mortgage, LLC. (Rouse, John) |
| Filing 28 REPLY to Response to Motion re #18 MOTION for Judgment on the Pleadings filed by Nationstar Mortgage, LLC (Rouse, John) |
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TEXT ONLY ORDER granting Plaintiff James W. Thomas's #27 Motion to File Documents Under Seal. Plaintiff's request is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. The Clerk of Court shall, pursuant to Local Uniform Civil Rule 79(e)(3)(B)(2), restrict access to Exhibit 5 to Plaintiff's #23 Response to case participants and Court users only, and file as restricted access to case participants and Court users only, Exhibit 6 to Plaintiff's #23 Response. Plaintiff shall submit to the Clerk of Court a Notice of Conventional Filing along with the document to be filed restricted access. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on October 4, 2022. (eb)
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| Filing 27 Unopposed MOTION to RESTRICT from public : Document #23 Response in Opposition to Motion,, by James W. Thomas (Moore, Peyton) |
| Filing 26 NOTICE of Appearance by Peyton J. Moore on behalf of James W. Thomas (Moore, Peyton) |
| Minute Entry for proceedings held before Magistrate Judge LaKeysha Greer Isaac: Telephonic Case Management Conference held on 9/30/2022. Participants: Peyton Moore and John Rouse. Court advised the parties that the Telephonic Case Management Conference would be continued pending determination on subject matter jurisdiction. (NL) |
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Filing 25
Order Requiring Plaintiff James W. Thomas to Establish Subject-Matter Jurisdiction by October 14, 2022. Signed by District Judge Halil S. Ozerden on September 29, 2022. (eb)
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| Filing 24 MEMORANDUM in Opposition re #18 MOTION for Judgment on the Pleadings filed by James W. Thomas (McHard, Samuel) |
| Filing 23 RESPONSE in Opposition re #18 MOTION for Judgment on the Pleadings filed by James W. Thomas (Attachments: #1 Exhibit 1 - Declaration of James Thomas, #2 Exhibit 2 - McHard Letter 2022.06.03, #3 Exhibit 3 - McHard Letter 2022.08.01, #4 Exhibit 4 - Emails, #5 Exhibit 5 - Settlement Check, #6 Exhibit 6 - Confidential Correspondence, #7 Exhibit 7 - Invoices, #8 Exhibit 8 - Nationstar Letter 2022.07.27, #9 Exhibit 9 - Overpayments to Thomas)(McHard, Samuel) |
| Filing 22 NOTICE of Service of Initial Disclosure by Nationstar Mortgage, LLC (Rouse, John) |
| Filing 21 NOTICE of Service of Initial Disclosure by James W. Thomas (McHard, Samuel) |
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TEXT ONLY ORDER granting as unopposed Plaintiff James Thomas's Motion #20 for Extension of Time to File Response to Defendant Nationstar Mortgage's Motion #18 for Judgment on the Pleadings. Plaintiff's Response is now due on or before September 27, 2022. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on September 12, 2022. (eb)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION for Judgment on the Pleadings by James W. Thomas (McHard, Samuel) |
| DOCKET ANNOTATION as to #20: Attorney is advised to include the correct magistrate judge assignment of LGI on future filed pleadings. This case was reassigned to Judge Isaac on 8/8/22. (RLW) |
| Filing 19 MEMORANDUM in Support re #18 MOTION for Judgment on the Pleadings filed by Nationstar Mortgage, LLC (Rouse, John) |
| Filing 18 MOTION for Judgment on the Pleadings by Nationstar Mortgage, LLC (Rouse, John) |
| Filing 17 AMENDED ANSWER to #13 Amended Complaint, by Nationstar Mortgage, LLC (Attachments: #1 Exhibit A - Complaint (Thomas v. Progressive) 2:21cv158, #2 Exhibit B - Recorded Deed of Trust, #3 Exhibit C - Attestation to Repair, #4 Exhibit D - June 16, 2022 Letter to Plaintiff from McHard, #5 Exhibit E - June 27, 2022 Letter from McHard to Nationstar, #6 Exhibit F - June 27, 2022 Letter from Nationstar to Plaintiff, #7 Exhibit G - Executed Mortgagors Affidavit, #8 Exhibit H - Payoff Statements, #9 Exhibit I - Recorded Deed of Release, #10 Exhibit J - Recorded Warranty Deed, #11 Exhibit K - August 29, 2022 Letter to McHard with Deed of Release)(Rouse, John) |
| Filing 16 Rule 16(a) Initial Order Telephonic Case Management Conference set for 9/30/2022 10:30 AM before Magistrate Judge LaKeysha Greer Isaac. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to isaac_chambers@mssd.uscourts.gov. The parties are instructed to use the following Dial-in Number for the Conference: (888) 684-8852 PASSCODE: 3566012(NL) |
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TEXT ONLY ORDER denying Defendant's Motion #9 to Dismiss First Amended Complaint as moot in light of Plaintiff's filing of his Second Amended Complaint #13 and Defendant's Answer #15 . NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on August 23, 2022. (eb)
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| Filing 15 ANSWER to #13 Amended Complaint, by Nationstar Mortgage, LLC. (Attachments: #1 Exhibit A - Complaint (Thomas v. Progressive) 2:21-cv-00158, #2 Exhibit B -Recorded Deed of Trust, #3 Exhibit C Attestation to Repair, #4 Exhibit D - June 16, 2022 Letter to Plaintiff from McHard, #5 Exhibit E - June 27, 2022 Letter from McHard to Nationstar, #6 Exhibit F - June 27, 2022 Letter from Nationstar to Plaintiff, #7 Exhibit G Executed Mortgagors Affidavit, #8 Exhibit H - Payoff Statements, #9 Exhibit I - Executed Deed of Release)(Rouse, John) |
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Filing 14
ORDER OF RECUSAL - Magistrate Judge Bradley W. Rath recused and Case reassigned to Magistrate Judge LaKeysha Greer Isaac for all further proceedings. Signed by Magistrate Judge Bradley W. Rath on 8/8/2022 (ND)
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| Filing 13 AMENDED COMPLAINT against Nationstar Mortgage, LLC, filed by James W. Thomas. (Attachments: #1 Exhibit 1 - Letter to Nationstar 06/03/2022, #2 Exhibit 2 - Deed of Trust, #3 Exhibit 3 - Check and Cover Letter)(McHard, Samuel) (Attachment 1 replaced on 8/4/2022) (LDR). |
| DOCKET ANNOTATION as to [13-1]: Scanned document contains blank and inverted page(s). PDF documents should be checked for errors before filing. Court staff has made the correction. (LDR) |
| Filing 12 Corporate Disclosure Statement by Nationstar Mortgage, LLC identifying Corporate Parent Mr. Cooper Group Inc., Other Affiliate Nationstar Mortgage Holdings, Inc., Other Affiliate BlackRock, Inc., Other Affiliate The Vanguard Group, Inc. for Nationstar Mortgage, LLC. (Rouse, John) |
| Filing 11 ANSWER to #5 Amended Complaint by Nationstar Mortgage, LLC.(Rouse, John) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Dismiss First Amended Complaint filed by Nationstar Mortgage, LLC (Rouse, John) |
| Filing 9 MOTION to Dismiss First Amended Complaint by Nationstar Mortgage, LLC (Attachments: #1 Exhibit A - Deed of Trust, #2 Exhibit B - Underlying Suit, #3 Exhibit C - McHard Letter, #4 Exhibit D - Attestation, #5 Exhibit E - McHard Demand Ltr)(Rouse, John) |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Bradley W. Rath for all further proceedings. Magistrate Judge Robert H Walker no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 8/1/2022 (cwl)
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| Filing 7 SUMMONS Returned Executed by James W. Thomas. Nationstar Mortgage, LLC served on 7/28/2022, answer due 8/18/2022. (McHard, Samuel) |
| Parties should include the newly assigned Magistrate Judge's initials BWR on future filings. (cwl) |
| Filing 6 Summons Issued as to Nationstar Mortgage, LLC. (LDR) |
| Filing 5 AMENDED COMPLAINT against Nationstar Mortgage, LLC, filed by James W. Thomas. (Attachments: #1 Exhibit 1 - Correspondence to Nationstar)(McHard, Samuel) |
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Filing 4
ORDER requiring Plaintiff to file an amended complaint establishing federal subject-matter jurisdiction. Plaintiff must file an amended complaint on or before July 22, 2022. Signed by District Judge Halil S. Ozerden on 7/14/2022. (lg)
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| Filing 3 SUMMONS Returned Executed by James W. Thomas. Nationstar Mortgage, LLC served on 7/11/2022, answer due 8/1/2022. (McHard, Samuel) |
| Filing 2 Summons Issued as to Nationstar Mortgage, LLC. (LDR) |
| Filing 1 COMPLAINT against Nationstar Mortgage, LLC ( Filing fee $ 402 receipt number AMSSDC-4877782), filed by James W. Thomas. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Correspondence to Nationstar)(LDR) |
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| Plaintiff: James W. Thomas | |
| Represented By: | Samuel S. McHard |
| Represented By: | Peyton J. Moore |
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| Defendant: Nationstar Mortgage, LLC doing business as Mr. Cooper | |
| Represented By: | John T. Rouse |
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