Holtz v. Central Bancompany, Inc., et al
| Robert Holtz and Cenlar Agency, Inc. |
| CitiMortgage, Inc., Central Bancompany, Inc. and Cenlar Bank FSB |
| 4:2023cv00029 |
| January 9, 2023 |
| US District Court for the Eastern District of Missouri |
| Audrey G Fleissig |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 MEMORANDUM in Support of Motion re #35 MOTION to Dismiss :Counts I-III of Plaintiff's Petition filed by Defendant Central Bancompany, Inc.. (Gorovsky, Nicole) |
| Filing 35 MOTION to Dismiss :Counts I-III of Plaintiff's Petition by Defendant Central Bancompany, Inc.. (Gorovsky, Nicole) |
Filing 34
ORDER SETTING RULE 16 CONFERENCE. (See Full Order.) This case is assigned to Track: 2 - Standard. Joint Scheduling Plan due by 4/4/2023. Rule 16 Conference set for 4/11/2023 02:30 PM in Zoom Video Conference before District Judge Audrey G. Fleissig. Signed by District Judge Audrey G. Fleissig on 3/6/2023. (CBL)
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| Filing 33 FIRST AMENDED COMPLAINT against defendant Cenlar Bank FSB, Central Bancompany, Inc. Amendment to #5 Petition (Removal/Transfer) filed by Robert Holtz. (CBL) |
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Filing 32
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiff's motion for leave to amend is GRANTED. ECF No. #23 . The Clerk of Court shall (1) detach and file ECF No. 23-1 as Plaintiff's first amended complaint, (2) dismiss CitiMortgage, Inc. as a Defendant in this case, and correct the name of Defendant Cenlar Agency, Inc. to Cenlar Bank FSB. IT IS FURTHER ORDERED that the motions to dismiss directed to Plaintiff's original complaint, and the motions to stay and extend briefing on those motions to dismiss, are all DISMISSED without prejudice, as moot. ECF Nos. #6 , #21 , #25 , #27 , #29 & #30 . Signed by District Judge Audrey G. Fleissig on 3/6/2023. (CBL)
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| Filing 31 RESPONSE to Motion re #27 First MOTION to Stay Briefing on Motions to Dismiss filed by Defendant CitiMortgage, Inc.. (Ford, Benjamin) |
| Filing 30 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Case by Plaintiff Robert Holtz. (Voytas, Richard) |
| Filing 29 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss :MOTION TO DISMISS COUNTS I-III OF PLAINTIFFS PETITION by Plaintiff Robert Holtz. (Voytas, Richard) |
| Filing 28 RESPONSE in Opposition re #23 MOTION for Leave to File First Amended Complaint filed by Defendant Cenlar Agency, Inc.. (Halberg, Caleb) |
| Filing 27 First MOTION to Stay Briefing on Motions to Dismiss by Plaintiff Robert Holtz. (Voytas, Richard) |
| Filing 26 MEMORANDUM in Support of Motion re #25 MOTION to Dismiss :Count II of Plaintiff's Petition filed by Defendant CitiMortgage, Inc.. (Bakewell, Ketrina) |
| Filing 25 MOTION to Dismiss :Count II of Plaintiff's Petition by Defendant CitiMortgage, Inc.. (Bakewell, Ketrina) |
| Filing 24 RESPONSE to Motion re #23 MOTION for Leave to File First Amended Complaint filed by Defendant Central Bancompany, Inc.. (Gorovsky, Nicole) |
| Filing 23 MOTION for Leave to File First Amended Complaint by Plaintiff Robert Holtz. (Attachments: #1 Exhibit 1)(Voytas, Richard) |
| Filing 22 MEMORANDUM in Support of Motion re #21 MOTION to Dismiss Case filed by Defendant Cenlar Agency, Inc.. (Halberg, Caleb) |
| Filing 21 MOTION to Dismiss Case by Defendant Cenlar Agency, Inc.. (Halberg, Caleb) |
| Filing 20 ENTRY of Appearance by Louis F. Bonacorsi for Defendant CitiMortgage, Inc.. (Bonacorsi, Louis) |
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Filing 19
ORDER - IT IS HEREBY ORDERED that Plaintiffs amended motion for extension of time to file motion to remand and respond to motion to dismiss is GRANTED in part and DENIED in part. ECF No. #12 . Plaintiff shall have until February 23, 2023 to respond to Defendant Central Bancompany, Inc.s Motion to Dismiss; in all other respects, Plaintiffs amended motion is DENIED. IT IS FURTHER ORDERED that Plaintiffs prior motion for extension of time is DENIED as moot. ECF No. #10 . IT IS FURTHER ORDERED that Defendant CitiMortgage, Inc.s consent motion of time to respond to Plaintiffs complaint is GRANTED. ECF No. #15 . (Defendant CitiMortgage, Inc. Answer due by 2/16/23.) ( Response to Court due by 2/23/2023.). Signed by District Judge Audrey G. Fleissig on 1/24/23. (KJS)
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| Filing 18 CJRA ORDER (GJL): IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge John M. Bodenhausen to District Judge Audrey G. Fleissig. (ANP) |
| Filing 17 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Cenlar Agency, Inc., Cenlar Bank FSB, Cenlar Capital Corporation.. (Halberg, Caleb) Modified on 1/24/2023 (CBL). |
| Filing 16 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Central Bancompany, Inc.. No corporate parents or affiliates identified. (Gorovsky, Nicole) |
| Filing 15 Consent MOTION for Extension of Time to File Answer re #5 Petition (Removal/Transfer) by Defendant CitiMortgage, Inc.. (Ford, Benjamin) |
| Filing 14 ENTRY of Appearance by Michael P. Stephens for Defendant Central Bancompany, Inc.. (Stephens, Michael) |
| Filing 13 ENTRY of Appearance by Nicole Elizabeth Gorovsky for Defendant Central Bancompany, Inc.. (Gorovsky, Nicole) |
| Filing 12 Amended MOTION for Extension of Time to File ;Extension to file the following: Motion to Remand and Response to Motion to Dismiss ;Proposed extension date 02/23/2023 by Plaintiff Robert Holtz. (Voytas, Richard) |
| Filing 11 ENTRY of Appearance by Caleb J. Halberg for Defendant Cenlar Agency, Inc.. (Halberg, Caleb) |
| Filing 10 MOTION for Extension of Time to File ;Extension to file the following: Motion to Remand and Response to Motion to Dismiss ;Proposed extension date 02/07/2023 by Plaintiff Robert Holtz. (Voytas, Richard) |
| 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. (Potter, Jacob) |
| Filing 8 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants CitiMortgage, Inc., Citigroup Inc., Citibank, N.A., Citi Retail Services LLC, Citicorp USA, Inc., Citicorp LLC.. (Bakewell, Ketrina) |
| Case Opening Notification. Judge Assigned: Honorable John M. Bodenhausen. 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. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file a Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). (JBH) |
| ***REMARK ***CLERKS NOTE: THIS REMARK WAS ENTERED IN THIS CASE IN ERROR. NEF regenerated to all parties. (JBH) |
| ***REMARK Defendant Attorney for CitiMortgage, Inc. was notified via email and directed to re-file a Disclosure of Organizational Interests form on 1/10/2023. As of 1/11/2023 at 8:40AM there has been no response. Case will proceed with Judge assignment and case opening. (JBH) |
| Filing 7 MEMORANDUM in Support of Motion re #6 MOTION to Dismiss :MOTION TO DISMISS COUNTS I-III OF PLAINTIFFS PETITION filed by Defendant Central Bancompany, Inc.. (JBH) |
| Filing 6 MOTION TO DISMISS COUNTS I-III OF PLAINTIFFS PETITION by Defendant Central Bancompany, Inc. (JBH) |
| Filing 5 Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Robert Holtz.(JBH) |
| Filing 4 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant CitiMortgage, Inc. Sent To: Plaintiff (JBH) |
| Filing 3 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant CitiMortgage, Inc. Sent To: State Court - Executed (Attachments: #1 State Court Notice of Filing Notice of Removal, #2 File-Stamped Notice of Removal Filed in State Court, #3 Proof of Service)(Ford, Benjamin) |
| Filing 2 ENTRY of Appearance by Benjamin Ford for Defendant CitiMortgage, Inc.. (Ford, Benjamin) |
| Filing 1 NOTICE OF REMOVAL from St. Louis County, case number 22SL-CC-5102, with receipt number AMOEDC-9712335, in the amount of $402 Jury Demand,, filed by CitiMortgage, Inc.. (Attachments: #1 Exhibit Summons and State Court Petition, #2 Exhibit Docket Sheet & State Court documents, #3 Civil Cover Sheet Civil cover sheet, #4 Original Filing Form original filing form, #5 Attachment Disclosure of Organizational Interests, #6 Attachment Consent to Removal by Central Bancompany, #7 Attachment Consent to Removal by Cenlar Agency, #8 Attachment Notice to Plaintiff of Filing of Notice of Removal)(Bakewell, Ketrina) |
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