Luna et al v. Ocwen Loan Servicing, LLC et al
| Lourdes Diana Luna and Guillermo Luna |
| Substitute Trustee Corporation, Millsap & Singer, P.C., U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust and Ocwen Loan Servicing, LLC |
| 4:2018cv00473 |
| June 19, 2018 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Jackson |
| Gary A Fenner |
| Real Property: Other |
| 11:101 |
| None |
Docket Report
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This docket was last retrieved on June 4, 2019. A more recent docket listing may be available from PACER.
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Filing 86
ORDER granting #85 motion for extension of time to file response/reply re #84 MOTION for summary judgment Suggestions in opposition/response due by 6/15/2019 unless otherwise directed by the court. Signed on 6/4/19 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 85 MOTION for extension of time to file response/reply as to #84 MOTION for summary judgment filed by Charles S. Scott, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/18/2019 unless otherwise directed by the court. (Related document(s) #84 ) (Scott, Charles) |
| Filing 84 MOTION for summary judgment filed by Hilary H. Sommer on behalf of U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust. Suggestions in opposition/response due by 6/5/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit Statement of Uncontroverted Facts, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 1-A, #4 Exhibit Exhibit 1-B, #5 Exhibit Exhibit 1-C, #6 Exhibit Exhibit 1-D, #7 Exhibit Exhibit 1-E, #8 Exhibit Exhibit 1-F, #9 Exhibit Exhibit 2, #10 Exhibit Exhibit 3, #11 Exhibit Memorandum in Support)(Sommer, Hilary) |
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Filing 83
ORDER granting #82 motion to amend/correct. Dispositive motion deadline extended to 5/15/19. Signed on 4/10/19 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 82 MOTION to amend/correct 80 Order on Motion for Extension of Time filed by Hilary H. Sommer on behalf of U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust. Suggestions in opposition/response due by 4/24/2019 unless otherwise directed by the court. (Related document(s) 80 ) (Sommer, Hilary) |
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Filing 81
ORDER granting #47 motion for summary judgment. Signed on 3/27/19 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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Filing 80
ORDER granting #79 motion for extension of time.Dispositive Motions due by 4/15/2019. Signed on 2/28/19 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 79 MOTION for extension of time filed by Hilary H. Sommer on behalf of U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust. Suggestions in opposition/response due by 3/12/2019 unless otherwise directed by the court. (Sommer, Hilary) |
| Filing 78 NOTICE of appearance by Hilary H. Sommer on behalf of U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust (Attorney Hilary H. Sommer added to party U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust(pty:dft))(Sommer, Hilary) |
| Filing 77 CERTIFICATE OF SERVICE by U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust filed by Jonathon D Nicol on behalf of Defendant U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust.(Nicol, Jonathon) |
| Filing 76 REPLY SUGGESTIONS to motion re #47 MOTION for summary judgment Ocwen Loan Servicing, LLC's Reply in Support of Its Motion for Summary Judgment filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC. Reply suggestions due by 1/2/2019 unless otherwise directed by the court. (Miles, Christopher) Modified on 12/20/2018 to reflect as reply suggestion (Houston, Kiambu). |
| Filing 75 SUGGESTIONS in opposition re #47 MOTION for summary judgment filed by Charles S. Scott, Jr on behalf of Plaintiffs Guillermo Luna, Lourdes Diana Luna. Reply suggestions due by 1/2/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit)(Scott, Charles) Modified by the Clerk's Office on 12/19/2018 to reflect as suggestion in opposition (Houston, Kiambu). |
| Filing 74 NOTICE of filing Notice of Intent to Issue Subpoena to Appear and Produce Documents by Ocwen Loan Servicing, LLC (Attachments: #1 Exhibit A)(Miles, Christopher) |
| Filing 73 ANSWER to Complaint on behalf of U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust.(Nicol, Jonathon) |
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Filing 72
ORDER granting #71 motion for extension of time to complete discovery. Discovery due by 2/1/2019. Dispositive motions due 3/1/19. Signed on 12/7/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 71 MOTION for extension of time to complete discovery and Dispositive Motion deadlines filed by Christopher C Miles on behalf of Ocwen Loan Servicing, LLC. Suggestions in opposition/response due by 12/20/2018 unless otherwise directed by the court. (Miles, Christopher) |
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Filing 70
ORDER granting #69 Second motion for extension of time to file response/reply re #47 MOTION for summary judgment Suggestions in opposition/response due by 12/6/2018 unless otherwise directed by the court. Signed on 12/4/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 69 Second MOTION for extension of time to file response/reply as to #47 MOTION for summary judgment filed by Charles S. Scott, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/17/2018 unless otherwise directed by the court. (Related document(s) #47 ) (Scott, Charles) |
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Filing 68
ORDER granting #53 Motion for Extension of Time to Answer U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust answer due 12/10/2018.; denying #56 motion for default judgment; denying #57 motion for reconsideration. Signed on 12/3/18 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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Filing 67
ORDER granting #66 motion for extension of time to file response/reply re #47 MOTION for summary judgment Suggestions in opposition/response due by 11/30/2018 unless otherwise directed by the court. Signed on 11/16/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 66 First MOTION for extension of time to file response/reply as to #47 MOTION for summary judgment filed by Charles S. Scott, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/29/2018 unless otherwise directed by the court. (Related document(s) #47 ) (Scott, Charles) |
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Filing 65
ORDER TO SHOW CAUSE for failure to respond to Defendant Ocwen Loan Servicing, LLC's Motion for Summary Judgment #47 .Show Cause Response due by 11/25/2018. Signed on 11/15/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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Filing 64
ORDER granting #63 motion for appointment of translator. Signed on 11/15/18 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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| Filing 63 MOTION for order Appointment of Translator re #62 Notice to Take Deposition, #61 Notice to Take Deposition filed by Christopher C Miles on behalf of Ocwen Loan Servicing, LLC. Suggestions in opposition/response due by 11/23/2018 unless otherwise directed by the court. (Related document(s) #62 , #61 ) (Miles, Christopher) |
| Filing 62 NOTICE to take deposition of Lourdes Diana Luna filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 61 NOTICE to take deposition of Guillermo Luna filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 60 Minute Entry. Proceedings held before District Judge Gary A. Fenner: Discovery Dispute Telephone Conference held on 11/6/2018. Counsel appearing for Plaintiff(s): Charles S. Scott, Jr.. Counsel appearing for Defendant(s): Christopher C Miles. Time in court: 1:15 pm to 1:20 pm. To order a transcript of this hearing please contact Kathy Calvert, 816-512-5741. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) |
| Filing 59 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Discovery Dispute Telephone Conference to be initiated by defendant Ocwen Loan Servicing, LLC's counsel set for 11/6/2018 01:15 PM before District Judge Gary A. Fenner. (Mitchell, Lisa) |
| Filing 58 SUGGESTIONS in opposition re #53 MOTION for extension of time to file answer , move against, or otherwise respond to Complaint filed by Charles S. Scott, Jr on behalf of Plaintiffs Guillermo Luna, Lourdes Diana Luna. Reply suggestions due by 11/19/2018 unless otherwise directed by the court. (Related document(s) #53 ) (Scott, Charles) |
| Filing 57 MOTION for reconsideration re #51 Order on Motion for Default Judgment filed by Charles S. Scott, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/19/2018 unless otherwise directed by the court. (Related document(s) #51 ) (Scott, Charles) |
| Filing 56 First MOTION for default judgment to Clerk of the Court filed by Charles S. Scott, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/16/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Scott, Charles) |
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Filing 55
ORDER finding as moot #18 motion to dismiss party Substitute Trustee Corporation. Defendant dismissed by stipulation on 11/1/18. Signed on 11/1/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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Filing 54
Order of Dismissal of defendant Substitute Trustee Corporation only per Stipulation of Dismissal #40 . Signed on 11/1/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 53 MOTION for extension of time to file answer , move against, or otherwise respond to Complaint filed by Jonathon D Nicol on behalf of U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust. Suggestions in opposition/response due by 11/14/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Nicol, Jonathon) |
| Filing 52 NOTICE of appearance by Jonathon D Nicol on behalf of U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust (Attorney Jonathon D Nicol added to party U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust(pty:dft))(Nicol, Jonathon) |
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Filing 51
ORDER denying #50 motion for default judgment. Signed on 10/31/18 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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| Filing 50 MOTION for default judgment against U.S. Bank, N.A. filed by Charles S. Scott, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/9/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Scott, Charles) |
| Filing 49 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC re #48 Suggestions in Support of Motion, #47 MOTION for summary judgment filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC. Related document: #48 Suggestions in Support of Motion filed by Ocwen Loan Servicing, LLC, #47 MOTION for summary judgment filed by Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 48 SUGGESTIONS in support re #47 MOTION for summary judgment filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC. (Attachments: #1 Exhibit Exhibits)(Related document(s) #47 ) (Miles, Christopher) |
| Filing 47 MOTION for summary judgment filed by Christopher C Miles on behalf of Ocwen Loan Servicing, LLC. Suggestions in opposition/response due by 11/14/2018 unless otherwise directed by the court. (Miles, Christopher) |
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Filing 46
ORDER directing plaintiffs to file status report on or before 11/2/18. Status Report due by 11/2/2018. Signed on 10/23/18 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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| Filing 45 NOTICE of voluntary dismissal by All Plaintiffs (Scott, Charles) |
| Filing 44 RESPONSE to order re #41 Order filed by Charles S Pullium, III on behalf of Defendant Millsap & Singer, P.C.. (Related document(s) #41 ) (Pullium, Charles) |
| Filing 43 RESPONSE TO ORDER TO SHOW CAUSE by Guillermo Luna. (Scott, Charles) |
| Filing 42 RESPONSE to order re #41 Order filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC. (Related document(s) #41 ) (Miles, Christopher) |
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Filing 41
ORDER directing the parties to respond re #40 Stipulation of Dismissal filed by Substitute Trustee Corporation. Responses due by 10/22/2018. Signed on 10/17/18 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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| Filing 40 STIPULATION of dismissal by Substitute Trustee Corporation. (Cira, Casey) |
| Filing 39 NOTICE of appearance by Wesley Thurmond Kozeny on behalf of Substitute Trustee Corporation (Attorney Wesley Thurmond Kozeny added to party Substitute Trustee Corporation(pty:dft))(Kozeny, Wesley) |
| Filing 38 CERTIFICATE OF SERVICE by All Plaintiffs Answers to Defendant Ocwen Interrogatories and Responses to Ocwen Requests for Production Documents to Plaintiffs filed by Charles S. Scott, Jr on behalf of Plaintiffs Guillermo Luna, Lourdes Diana Luna.(Scott, Charles) |
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Filing 37
ORDER granting #35 motion for extension of time to respond to Ocwen Loan LLC's First Set of Interrogatories and First Request for Production of Documents to Plaintiffs. Response due 10/10/18. Signed on 10/1/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 36 RESPONSE to motion re #35 MOTION for extension of time to respond to Ocwen First Interrogatories and Request for Documents to Plaintiffs filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC. Reply suggestions due by 10/15/2018 unless otherwise directed by the court. (Miles, Christopher) |
| Filing 35 MOTION for extension of time to respond to Ocwen First Interrogatories and Request for Documents to Plaintiffs filed by Charles S. Scott, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/15/2018 unless otherwise directed by the court. (Scott, Charles) |
| Filing 34 CERTIFICATE OF SERVICE by All Plaintiffs Lourdes Luna Responses to Def Ocwen Requests for Admissions to Plaintiff Lourdes Luna filed by Charles S. Scott, Jr on behalf of Plaintiffs Guillermo Luna, Lourdes Diana Luna.(Scott, Charles) |
| Filing 33 CERTIFICATE OF SERVICE by All Plaintiffs G Luna Responses to Def Ocwen Request for Admission to G Luna filed by Charles S. Scott, Jr on behalf of Plaintiffs Guillermo Luna, Lourdes Diana Luna.(Scott, Charles) |
| Filing 32 REPLY SUGGESTIONS to motion re #18 MOTION to dismiss party Substitute Trustee Corporation filed by Casey C. Cira on behalf of Defendant Substitute Trustee Corporation. (Attachments: #1 Exhibit Exhibit A - Notice of Default)(Related document(s) #18 ) (Cira, Casey) |
| Filing 31 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Charles S. Scott, Jr on behalf of Plaintiffs Guillermo Luna, Lourdes Diana Luna.(Scott, Charles) |
| Filing 30 SUGGESTIONS in opposition re #18 MOTION to dismiss party filed by Charles S. Scott, Jr on behalf of Plaintiffs Guillermo Luna, Lourdes Diana Luna. Reply suggestions due by 10/4/2018 unless otherwise directed by the court. (Related document(s) #18 ) (Scott, Charles) |
| Filing 29 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Casey C. Cira on behalf of Defendant Substitute Trustee Corporation.(Cira, Casey) |
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Filing 28
ORDER granting #27 motion for extension of time(Suggestions in opposition/response due by 9/20/2018 unless otherwise directed by the court. Suggestions in opposition due 9/20/18. Signed on 9/4/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa)
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| Filing 27 Consent MOTION for extension of time , Consent MOTION for extension of time to file response/reply as to #18 MOTION to dismiss party filed by Charles S. Scott, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/17/2018 unless otherwise directed by the court. (Related document(s) #18 ) (Scott, Charles) |
| Filing 26 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC First Set of Interrogatories to Plaintiff Lourdes Diana Luna filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 25 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC First Set of Interrogatories to Plaintiff Guillermo Luna filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 24 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC First Requests for Admissions Directed to Plaintiff Guillermo Luna filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 23 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC Requests for Production to Plaintiff Guillermo Luna filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 22 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC First Requests for Production to Plaintiff Lourdes Diana Luna filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 21 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC Request for Admissions Directed to Plaintiff Lourdes Diana Luna filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 20 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 19 SUGGESTIONS in support re #18 MOTION to dismiss party filed by Casey C. Cira on behalf of Defendant Substitute Trustee Corporation. (Related document(s) #18 ) (Cira, Casey) |
| Filing 18 MOTION to dismiss party filed by Casey C. Cira on behalf of Substitute Trustee Corporation. Suggestions in opposition/response due by 9/4/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A and B)(Cira, Casey) |
| Filing 17 DISCLOSURE OF CORPORATE INTERESTS filed by Casey C. Cira on behalf of Defendant Substitute Trustee Corporation.(Cira, Casey) |
| Filing 16 NOTICE of appearance by Casey C. Cira on behalf of Substitute Trustee Corporation (Attorney Casey C. Cira added to party Substitute Trustee Corporation(pty:dft))(Cira, Casey) |
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Filing 15
SCHEDULING ORDER: Discovery due by 10/15/2018. Pretrial Conference via telephone to be initiated by plaintiffs' counsel set for 7/11/2019 11:00 AM before District Judge Gary A. Fenner. Bench Trial set for 8/12/2019 09:00 AM in Courtroom 8A, Kansas City (GAF) before District Judge Gary A. Fenner. Dispositive Motions due by 1/4/2019. Signed on 8/10/18 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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| Filing 14 RULES OF TRIAL. Signed on 8/10/18 by District Judge Gary A. Fenner. (Mitchell, Lisa) |
| Filing 13 Joint PROPOSED SCHEDULING ORDER and Discovery Plan by Millsap & Singer, P.C., Ocwen Loan Servicing, LLC. (Miles, Christopher) |
| SUMMONS ISSUED as to Substitute Trustee Corporation. (Woods, Gloria) |
| Filing 12 ANSWER to Complaint on behalf of Millsap & Singer, P.C..(Pullium, Charles) |
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Filing 11
ORDER granting #10 motion for extension of time to file responsive pleading. Due 7/26/18. Signed on 7/5/18 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached.(Mitchell, Lisa)
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| Filing 10 MOTION for extension of time filed by Charles S Pullium, III on behalf of Millsap & Singer, P.C.. Suggestions in opposition/response due by 7/17/2018 unless otherwise directed by the court. (Pullium, Charles) |
| Filing 9 DISCLOSURE OF CORPORATE INTERESTS filed by Charles S Pullium, III on behalf of Defendant Millsap & Singer, P.C..(Pullium, Charles) |
| Filing 8 NOTICE of filing Consent to Removal by Millsap & Singer, P.C. (Pullium, Charles) |
| Filing 7 NOTICE of appearance by Charles S Pullium, III on behalf of Millsap & Singer, P.C. (Attorney Charles S Pullium, III added to party Millsap & Singer, P.C.(pty:dft))(Pullium, Charles) |
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Filing 6
RULE 16 NOTICE. Proposed scheduling order due by 8/9/2018. Rule 26 conference due by 7/30/2018. Signed on 6/25/18 by District Judge Gary A. Fenner. (Mitchell, Lisa)
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| Filing 5 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to Program Director. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 4 CERTIFICATE OF SERVICE by Ocwen Loan Servicing, LLC re #1 Notice of Removal, #3 Answer to Complaint, #2 Disclosure of corporate interests filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC. Related document: #1 Notice of Removal, filed by Ocwen Loan Servicing, LLC, #3 Answer to Complaint filed by Ocwen Loan Servicing, LLC, #2 Disclosure of corporate interests filed by Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 3 ANSWER to Complaint OCWEN LOAN SERVICING, LLCs ANSWER AND AFFIRMATIVE DEFENSES on behalf of Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Christopher C Miles on behalf of Defendant Ocwen Loan Servicing, LLC.(Miles, Christopher) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Jackson County, Missouri County, case number 1816-CV05854, Ocwen Loan Servicing, LLC. Filing fee $ 400, receipt number AMOWDC-5820652. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1)(Miles, Christopher) |
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