Sonderegger v. Specialized Loan Servicing LLC et al
| Kevin Sonderegger |
| Carrington Mortgage Services LLC, Home Retention Services Inc., US Bank, First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc., Bank of America, Inc., Specialized Loan Servicing LLC, US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3 and U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC |
| 4:2020cv01026 |
| August 5, 2020 |
| US District Court for the Eastern District of Missouri |
| Nannette A Baker |
| Matthew T Schelp |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 56 MEMORANDUM in Support of Motion re #55 MOTION to Dismiss :Carrington Mortgage Services LLC's Motion to Dismiss and to Join in Co-Defendants' Motion to Dismiss Plaintiff's Amended Complaint filed by Defendant Carrington Mortgage Services LLC. (Ryan, Amy) |
| Filing 55 MOTION to Dismiss :Carrington Mortgage Services LLC's Motion to Dismiss and to Join in Co-Defendants' Motion to Dismiss Plaintiff's Amended Complaint by Defendant Carrington Mortgage Services LLC. (Ryan, Amy) |
Filing 54
Docket Text ORDER: MOTIONS for additional time to file responsive pleadings #38 , #40 , #41 , #42 filed by Defendants Specialized Loan Servicing LLC, Carrington Mortgage Services LLC, Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc., US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3 are GRANTED. Plaintiff's MOTION #49 for additional time to respond to #36 Motion to Dismiss filed by Home Retention Services is GRANTED. MOTION #50 for Leave to File in Excess of Page Limitation by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc. is GRANTED. Signed by District Judge Matthew T. Schelp on 9/24/2020. (CBL)
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| Filing 53 NOTICE Mailing: by Defendant US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3 re #44 Memorandum in Support of Motion, #43 MOTION to Dismiss :Count I of Plaintiff's Amended Petition Pursuant to Fed. R. Civ. P. 12(b)(6) to Plaintiff (Halberg, Caleb) |
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ORDER RECEIPT: (see receipt) Docket No: 54. Order sent to party not electronically notified this date. Thu Sep 24 12:00:22 CDT 2020 (Long, Carol)
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| Filing 52 MEMORANDUM in Support of Motion re #51 MOTION to Dismiss Case filed by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Lightle, Tiffani) |
| Filing 51 MOTION to Dismiss Case by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Lightle, Tiffani) |
| Filing 50 MOTION for Leave to File in Excess of Page Limitation by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Lightle, Tiffani) |
| Filing 49 MOTION for Extension of Time to Respond to Defendants Motion to Dismiss by Plaintiff Kevin Sonderegger. (TMT) |
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Filing 48
Docket Text ORDER Re: #45 MOTION for Leave to File in Excess of Page Limitation; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 9/15/2020. (TMT)
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ORDER RECEIPT: (see receipt) Docket No: 48. Tue Sep 15 16:20:25 CDT 2020 (Tillman, Tiffani)
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| Filing 47 MEMORANDUM in Support of Motion re #46 MOTION to Dismiss Case filed by Defendants Specialized Loan Servicing LLC, U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. (Fairlie, Zachary) |
| Filing 46 MOTION to Dismiss Case by Defendants Specialized Loan Servicing LLC, U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. (Fairlie, Zachary) |
| Filing 45 MOTION for Leave to File in Excess of Page Limitation by Defendants Specialized Loan Servicing LLC, U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. (Riggs, Peter) |
| Filing 44 MEMORANDUM in Support of Motion re #43 MOTION to Dismiss :Count I of Plaintiff's Amended Petition Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3. (Halberg, Caleb) |
| Filing 43 MOTION to Dismiss :Count I of Plaintiff's Amended Petition Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendant US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3. (Halberg, Caleb) |
| Filing 42 Second MOTION for Extension of Time to File (Unopposed) ;Extension to file the following: Responsive Pleading to First Amended Complaint ;Proposed extension date 9/28/2020 by Defendant US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3. (Halberg, Caleb) |
| Filing 41 Second MOTION for Extension of Time to File Response/Reply as to #6 Amended Petition (Removal/Transfer) by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Lightle, Tiffani) |
| Filing 40 MOTION for Leave to File Answer to Plaintiff's First Amended Petition Out of Time and Motion for Enlargement of Time to Answer or Otherwise Respond to Plaintiff's Amended Petition by Defendant Carrington Mortgage Services LLC. (Ryan, Amy) |
| Filing 39 NOTICE of Change of Address filed by Amy Tucker Ryan. (Ryan, Amy) |
| Filing 38 Second MOTION for Extension of Time to File Response/Reply as to #6 Amended Petition (Removal/Transfer) / Defendant's Unopposed Motion to Extend Time to Answer or Otherwise Respond to the Plaintiff's First Amended Complaint by Defendant Specialized Loan Servicing LLC. (Fairlie, Zachary) |
| Filing 37 MEMORANDUM in Support of Motion re #36 MOTION to Dismiss Count I and II filed by Defendant Home Retention Services Inc.. (Mueller, Scott) Modified on 9/1/2020 (TMT). |
| Filing 36 MOTION to Dismiss Count I and II by Defendant Home Retention Services Inc. (Mueller, Scott) Modified on 9/1/2020 (TMT). |
| Filing 35 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Carrington Mortgage Services LLC.. (Ryan, Amy) |
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Filing 34
Docket Text ORDER Re: #21 First MOTION for Extension of Time to File Response/Reply (Shea, Keegan); #19 MOTION for Extension of Time to File Response/Reply (Lightle, Tiffani); #26 MOTION for Extension of Time to File Answer (Riggs, Peter); ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on August 19, 2020. (BRP)
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ORDER RECEIPT: (see receipt) Docket No: 33,34. Sent to non-electronic party this date. Wed Aug 19 16:07:47 CDT 2020 (Porter, Brittany)
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Filing 33
Docket Text ORDER: Re: #31 Consent MOTION for Extension of Time to File Answer or Otherwise Plead to First Amended Complaint by Defendant US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3. (Halberg, Caleb) ORDERED: GRANTED . All Defendants. Signed by District Judge Matthew T. Schelp on 8/17/2020. (TMT) Modified on 8/18/2020 (CBL).
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| Filing 32 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3. (Halberg, Caleb) Modified on 8/18/2020 (CBL). |
| Filing 31 Consent MOTION for Extension of Time to File Answer or Otherwise Plead to First Amended Complaint by Defendant US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3. (Halberg, Caleb) Modified on 8/18/2020 (CBL). |
| Filing 30 ENTRY of Appearance by Caleb J. Halberg for Defendant US Bank National Association, in its capacity as Trustee to First Franklin Mortgage Loan Trust Series 2007-3 (Halberg, Caleb) Modified on 8/18/2020 (CBL). |
| Filing 29 CJRA ORDER (GJL). Magistrate Judge Nannette A. Baker termed. Case reassigned to District Judge Matthew T. Schelp for all further proceedings (AAT) |
| Filing 28 ENTRY of Appearance by Zachary R.G. Fairlie for Defendants Specialized Loan Servicing LLC, U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. (Fairlie, Zachary) |
| Filing 27 ENTRY of Appearance by Ryan C. Hardy for Defendants Specialized Loan Servicing LLC, U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. (Hardy, Ryan) |
| Filing 26 MOTION for Extension of Time to File Answer re #6 Amended Petition (Removal/Transfer) / Defendant's Unopposed Motion to Extend Time to Answer or Otherwise Respond to the Plaintiff's First Amended Complaint by Defendant U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. (Riggs, Peter) |
| Filing 25 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Specialized Loan Servicing LLC, U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. Parent companies: U.S. Bancorp, Subsidiaries: U.S. Bank National Association, Publicly held company: U.S. Bancorp,. (Riggs, Peter) |
| Filing 24 Consent to Removal by Defendants Specialized Loan Servicing LLC, U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. (Riggs, Peter) |
| Filing 23 ENTRY of Appearance by Peter L. Riggs for Defendants Specialized Loan Servicing LLC, U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Asset-Backed Certificates, Series 2007-FFC. (Riggs, Peter) |
| Filing 22 ENTRY of Appearance by Peter L. Riggs for Defendant Specialized Loan Servicing LLC. (Riggs, Peter) |
| Filing 21 First MOTION for Extension of Time to File Response/Reply as to #6 Amended Petition (Removal/Transfer) by Defendant Home Retention Services Inc.. (Shea, Keegan) |
| Filing 20 ENTRY of Appearance by Keegan Shea for Defendant Home Retention Services Inc.. (Shea, Keegan) |
| Filing 19 MOTION for Extension of Time to File Response/Reply as to #6 Amended Petition (Removal/Transfer) by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Lightle, Tiffani) |
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ORDER RECEIPT: (see receipt) Docket No: 11, 12. sent to non-electronic party this date Mon Aug 10 17:15:53 CDT 2020 (Berg, Melanie)
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ORDER RECEIPT: (see receipt) Docket No: 16. Mon Aug 10 09:52:40 CDT 2020 (Thompson, Alicia)
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| Filing 18 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc. Sent To: State Court - Executed (Attachments: #1 Exhibit A - Notice to the State Court of Removal)(Lightle, Tiffani) |
| Filing 17 NOTICE Disclosure of Organizational Interests Certificate: by Defendant Home Retention Services Inc. (Mueller, Scott) |
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Filing 16
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant Carrington Mortgage Services, LLC's Motion for Leave to File Answer to Plaintiff's First Amended Petition Out of Time and Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Amended Petition is GRANTED. [Doc. 14.] IT IS FURTHER ORDERED that Defendant Carrington Mortgage Services, LLC shall file its Answer or other responsive pleading no later than September 8, 2020. Signed by Magistrate Judge Nannette A. Baker on August 7, 2020. (EMM)
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| Filing 15 Consent to Removal by Defendant Carrington Mortgage Services LLC. (Ryan, Amy) |
| Filing 14 MOTION for Extension of Time to File Response/Reply to plaintiff's amended petition and for enlargement of time in which to file responsive pleadings by Defendant Carrington Mortgage Services LLC. (Ryan, Amy) |
| Filing 13 ENTRY of Appearance by Amy Tucker Ryan for Defendant Carrington Mortgage Services LLC. (Ryan, Amy) |
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Filing 12
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant Home Retention Services, Inc.'s Request for Additional Time is GRANTED. [Doc. 8.] IT IS FURTHER ORDERED that Home Retention Services, Inc. shall file its response to Plaintiff's Petition no later than September 4, 2020. Signed by Magistrate Judge Nannette A. Baker on August 6, 2020. (EMM)
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Filing 11
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant Specialized Loan Servicing, LLC's Unopposed Motion for Extension of Response Deadline to Amended Petition is GRANTED. [Doc. 7.] IT IS FURTHER ORDERED that Specialized Loan Servicing, LLC shall file its response to Plaintiff's Amended Petition no later than September 6, 2020. Signed by Magistrate Judge Nannette A. Baker on August 6, 2020. (EMM)
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| Filing 10 Electronic Notice re: Disclosure of Organizational Interests Certificate Pursuant to Local Rule 2.09, every non-governmental organizational party must file a Disclosure of Organizational Interests Certificate within ten (10) days of the party's first pleading or entry of appearance. Please complete and file the certificate as soon as possible # (moed-0001.pdf). Disclosure of Organizational Interests Certificate due by 8/17/2020. (EAB) |
| Judge Baker enters a Standing Order in all of her cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/nannette-baker (EAB) |
| Filing 9 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) |
| Filing 8 MOTION for Extension of Time to File Answer by Defendant Home Retention Services Inc.. (BAK) |
| Filing 7 MOTION for Extension of Time to File Answer by Defendant Specialized Loan Servicing LLC. (BAK) |
| Filing 6 Amended Petition (Removal/Transfer) Received From: Circuit Court, St. Charles County, Missouri, filed by Kevin Sonderegger.(BAK) |
| Filing 5 Petition (Removal/Transfer) Received From: Circuit Court, St. Charles County, Missouri, filed by Kevin Sonderegger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(BAK) |
| Filing 4 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc. Sent To: Plaintiff (Lightle, Tiffani) |
| Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc.. Parent companies: Bank of America Corporation (BAC), Subsidiaries: None, Publicly held company: BAC and Berkshire Hathaway Inc.,. (Lightle, Tiffani) |
| Filing 2 ENTRY of Appearance by Tiffani L. Lightle for Defendants Bank of America, Inc., First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Lightle, Tiffani) |
| Filing 1 NOTICE OF REMOVAL from St. Charles County Circuit Court, case number 1911-AC07881-01, with receipt number AMOEDC-8058436, in the amount of $400 Non-Jury Demand,, filed by First Franklin Financial Corp., Merrill Lynch, Pierce, Fenner & Smith, Inc., Bank of America, Inc.. (Attachments: #1 Exhibit A - Associate Court File, #2 Exhibit B - Circuit Court File, #3 Exhibit C - SLS Consent to Removal, #4 Exhibit D - HRS Consent to Removal, #5 Civil Cover Sheet, #6 Original Filing Form(Lightle, Tiffani) |
| Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. Magistrate Judge Nannette A. Baker. (BAK) |
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