Moten v. Shellpoint Mortgage Servicing, et al
| Cortenaye Moten |
| NewRez, LLC, d/b/a Shellpoint Mortgage Servicing, Countrywide Home Loans, Inc., U.S. Bank, National Association, not in its individual capacity but solely as trustee for NRZ Pass Through Trust VII (Pref), incorrectly named as U.S. Bank, N.A. for NRZ Pass Through Trust VII, Bank of America, NA, U.S. Bank, NA, Countrywide Home Loans and Shellpoint Mortgage Servicing |
| 4:2019cv00719 |
| September 9, 2019 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Beth Phillips |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 27 CLERK'S JUDGMENT (McIlvain, Kelly) Modified on 11/5/2019: A copy of this Clerk's Judgment and Order dismissing case (Doc. 26) were mailed via regular US Mail on 11/5/19 to: Cortenaye Moten, 4927 Laramie Lane , Kansas City, MO 64129. (Cordell, Annette). |
Filing 26
ORDER granting #7 Motion to Dismiss for Failure to State a Claim; granting #13 Motion to Dismiss for Failure to State a Claim-The Court has examined all of Plaintiffs filings (not just her Complaint) to determine if there are any legal theories that can be supported by the facts that she has alleged. Finding none, the Motions to Dismiss are GRANTED and the case is dismissed with prejudice. Signed on 11/5/2019 by Chief District Judge Beth Phillips. (McIlvain, Kelly) Modified on 11/5/2019: A copy of this Order and Clerk's Judgment (Doc. 27) were mailed via regular US Mail on 11/5/19 to: Cortenaye Moten , 4927 Laramie Lane, Kansas City, MO 64129. (Cordell, Annette).
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| NOTICE OF HEARING CANCELLATION - The Scheduling Conference scheduled for 12/19/19 has been cancelled. This case was transferred to Judge Phillips on 10/11/19. A scheduling conference was set for 12/19/19 by the transferring Judge, however, that is cancelled. The parties proposed scheduling order remains due 12/5/19. The parties will find additional information at the Court's web site and the following link: http://www.mow.uscourts.gov/judges/phillips for information on proposing a scheduling order in this case. This is a TEXT ONLY ENTRY. No document is attached. A copy of this docket text Order was mailed on 10/24/19 via regular US Mail to Cortenaye Moten,4927 Laramie Lane, Kansas City, MO 64129. (Cordell, Annette) |
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Filing 25
ORDER denying #12 Plaintiff's Motion to Remand is DENIED. Signed on 10/22/19 by Chief District Judge Beth Phillips. A copy of this Order was mailed via regular US Mail on 10/22/19 to Cortenaye Moten, 4927 Laramie Lane, Kansas City, MO 64129. (Cordell, Annette)
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| Filing 24 REPLY SUGGESTIONS to motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by C. Charles Townsend on behalf of Defendants Shellpoint Mortgage Servicing, U.S. Bank, NA. (Related document(s) #7 ) (Townsend, C.) |
| Filing 23 REPLY SUGGESTIONS to motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tiffani L Lightle on behalf of Defendants Bank of America, NA, Countrywide Home Loans. (Related document(s) #13 ) (Lightle, Tiffani) |
| Filing 22 PRO SE RESPONSE TO ORDER TO SHOW CAUSE re #15 by Cortenaye Moten. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Woods, Gloria) (Additional attachment(s) added on 10/18/2019: #5 Envelope, #6 Envelope) (Woods, Gloria). |
| Filing 21 SUGGESTIONS in opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on behalf of Plaintiff Cortenaye Moten. Reply suggestions due by 10/31/2019 unless otherwise directed by the court. (Attachments: #1 Envelope)(Related document(s) #13 ) (Woods, Gloria) |
| Filing 20 REPLY SUGGESTIONS to motion re #12 MOTION to remand on behalf of Plaintiff Cortenaye Moten. (Attachments: #1 Envelope)(Related document(s) #12 ) (Woods, Gloria) |
| Filing 19 ADMINISTRATIVE TRANSFER. Due to a conflict of interest by the Honorable Judge Stephen R. Bough, this case is randomly reassigned to the Honorable Chief Judge Beth Phillips for all further proceedings. Please note the new case number: 4:19-00719-CV-W-BP. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) Copy mailed to pro se Plaintiff on 10/11/2019. (Moore, Terri). |
| Filing 18 SUGGESTIONS in opposition re #12 MOTION to remand filed by Tiffani L Lightle on behalf of Defendants Bank of America, NA, Countrywide Home Loans. Reply suggestions due by 10/21/2019 unless otherwise directed by the court. (Related document(s) #12 ) (Lightle, Tiffani) |
| Filing 17 SUGGESTIONS in opposition re #12 MOTION to remand filed by C. Charles Townsend on behalf of Defendants Shellpoint Mortgage Servicing, U.S. Bank, NA. Reply suggestions due by 10/21/2019 unless otherwise directed by the court. (Related document(s) #12 ) (Townsend, C.) |
| Filing 16 PRO SE SUGGESTIONS in opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on behalf of Plaintiff Cortenaye Moten. Reply suggestions due by 10/18/2019 unless otherwise directed by the court. (Attachments: #1 Envelope)(Related document(s) #7 ) (Ellis, Lindsey) |
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Filing 15
ORDER TO SHOW CAUSE. Signed on 10/4/2019 by District Judge Stephen R. Bough. (Crocker, Susan) Mailed to Cortenaye Moten, 4927 Laramie Lane, Kansas City, MO, 64129 on 10/4/2019 (Crocker, Susan).
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| Filing 14 SUGGESTIONS in support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tiffani L Lightle on behalf of Defendants Bank of America, NA, Countrywide Home Loans. (Related document(s) #13 ) (Lightle, Tiffani) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tiffani L Lightle on behalf of Bank of America, NA, Countrywide Home Loans. Suggestions in opposition/response due by 10/15/2019 unless otherwise directed by the court. (Lightle, Tiffani) |
| Filing 12 PRO SE MOTION to remand filed by Cortenaye Moten. Suggestions in opposition/response due by 10/7/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit, #2 Envelope)(Ellis, Lindsey) |
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Filing 11
ORDER granting #10 motion to appear pro hac vice entered by Clerk of Court. Attorney C. Charles Townsend for Shellpoint Mortgage Servicing and U.S. Bank, NA allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. Copy mailed to Cortenaye Moten 4927 Laramie Lane Kansas City, MO 64129.(Geiser, Angel)
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| Filing 10 Motion to allow C. Charles Townsend to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6501217) filed by Mark Haddad on behalf of Shellpoint Mortgage Servicing, U.S. Bank, NA. (Haddad, Mark) |
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Filing 9
RULE 16 NOTICE. Proposed scheduling order due by 12/5/2019. Scheduling Conference set for 12/19/2019 09:30 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 9/18/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy) Copy of this order mailed to: Cortenaye Moten, 4927 Laramie Lane, Kansas City, MO 64129.
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| Filing 8 Before the Court is Defendants Bank of America and Countrywide Home Loans Motion for Extension of Time to Respond to Plaintiffs Complaint. (Doc. #6). For good cause stated the Motion is granted. Defendants are granted an extension of time until and including September 30, 2019, to file a response to Plaintiffs Complaint. Signed on 9/17/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) Copy of this order mailed to: Cortenaye Moten, 4927 Laramie Lane, Kansas City, MO 64129. |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Haddad on behalf of Shellpoint Mortgage Servicing, U.S. Bank, NA. Suggestions in opposition/response due by 9/30/2019 unless otherwise directed by the court. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8)(Haddad, Mark) |
| Filing 6 MOTION for extension of time to respond to complaint filed by Tiffani L Lightle on behalf of Bank of America, NA, Countrywide Home Loans. Suggestions in opposition/response due by 9/30/2019 unless otherwise directed by the court. (Lightle, Tiffani) |
| Filing 5 DISCLOSURE OF CORPORATE INTERESTS filed by Tiffani L Lightle on behalf of Defendants Bank of America, NA, Countrywide Home Loans.(Lightle, Tiffani) |
| Filing 4 NOTICE of appearance by Tiffani L Lightle on behalf of Bank of America, NA, Countrywide Home Loans (Attorney Tiffani L Lightle added to party Bank of America, NA(pty:dft), Attorney Tiffani L Lightle added to party Countrywide Home Loans(pty:dft))(Lightle, Tiffani) |
| Filing 3 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)(Melvin, Greg) |
| ***Remark: A copy of the Notice of Inclusion for MAP and the MAP General Order mailed to Cortenaye Moten, 4927 Laramie Lane, Kansas City, MO 64129 on 9/10/2019. (Melvin, Greg) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Mark Haddad on behalf of Defendants NewRez, LLC, d/b/a Shellpoint Mortgage Servicing, U.S. Bank, National Association, not in its individual capacity but solely as trustee for NRZ Pass Through Trust VII (Pref), incorrectly named as U.S. Bank, N.A. for NRZ Pass Through Trust VII.(Haddad, Mark) |
| Filing 1 NOTICE OF REMOVAL from In The Circuit Court of Jackson County, Missouri County, case number 1916-CV21090, filed by Mark Haddad on behalf of U.S. Bank, National Association, not in its individual capacity but solely as trustee for NRZ Pass Through Trust VII (Pref), incorrectly named as U.S. Bank, N.A. for NRZ Pass Through Trust VII, NewRez, LLC, d/b/a Shellpoint Mortgage Servicing. Filing fee $ 400, receipt number AMOWDC-6481537. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6)(Haddad, Mark) #7 Civil Cover Sheet). Modified on 9/10/2019 at the request of counsel to add civil cover sheet to initiating documents. NEF regenerated to all parties. (Kern, Kendra) |
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