United States of America v. James B. Nutter & Company
Plaintiff: United States of America
Defendant: James B. Nutter & Company doing business as Nutter Home Loans
Case Number: 4:2020cv00874
Filed: October 30, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Roseann Ketchmark
Referring Judge: Howard F Sachs
Nature of Suit: Other Statutes: False Claims Act
Cause of Action: 31 U.S.C. ยง 3729
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2020 Opinion or Order Filing 34 SUGGESTIONS in support re #33 MOTION to dismiss case Pursuant to Fed. R. Civ. P. 9(b) and 12(b)(6) filed by Edward T. Kang on behalf of Defendant James B. Nutter & Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Index of Applicable HUD Statutes, Regulations, and Guidance, #3 Exhibit 2 - HUD Single Family Direct Endorsement Program Handbook 4000.4, #4 Exhibit 3 - Index of HUD Mortgagee Letters, #5 Exhibit 4 - HUD Mortgagee Letter 1994-54, #6 Exhibit 5 - HUD Mortgagee Letter 2005-08, #7 Exhibit 6 - HUD Mortgagee Approval Handbook 4060.1, #8 Exhibit 7 - Resume of Underwriter Candidate, #9 Exhibit 8 - HUD Form HUD92900A)(Related document(s) #33 ) (Kang, Edward)
December 18, 2020 Opinion or Order Filing 33 MOTION to dismiss case Pursuant to Fed. R. Civ. P. 9(b) and 12(b)(6) filed by Edward T. Kang on behalf of James B. Nutter & Company. Suggestions in opposition/response due by 1/4/2021 unless otherwise directed by the court. (Kang, Edward)
December 10, 2020 Opinion or Order Filing 32 Joint PROPOSED SCHEDULING ORDER by United States of America. (Hudak, Brian)
December 9, 2020 Opinion or Order Filing 31 ORDER granting #29 motion for leave to file excess pages. Defendant may file a motion to dismiss of 35 pages and a reply of 15 pages. Plaintiff may file a response of 35 pages. If Plaintiff needs additional pages to respond, they shall file a motion with the Court. Signed on 12/9/20 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Dollar, Jordan)
December 9, 2020 Opinion or Order NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
December 8, 2020 Opinion or Order Filing 30 SUGGESTIONS in support re #29 MOTION for leave to file excess pages filed by Katie Jo Luningham on behalf of Defendant James B. Nutter & Company. (Related document(s) #29 ) (Luningham, Katie)
December 8, 2020 Opinion or Order Filing 29 MOTION for leave to file excess pages filed by Katie Jo Luningham on behalf of James B. Nutter & Company. Suggestions in opposition/response due by 12/22/2020 unless otherwise directed by the court. (Luningham, Katie)
December 8, 2020 Opinion or Order Filing 28 DESIGNATION OF MEDIATOR naming Not Yet Designated (Joint Notice Regarding Outside Mediation)(Luningham, Katie)
November 18, 2020 Opinion or Order Filing 27 ORDER granting #20 motion to establish a briefing schedule. Defendant's motion to dismiss will be due 12/18/20. The response will be due 1/29/21, and the reply will be due 3/12/21. Plaintiff United States of America's motion for summary judgment will be due 1/29/20. The response will be due 3/12/21, and the reply will be due 4/9/21. Per #12 , the parties shall still provide a proposed scheduling order by 12/10/20. Signed on 11/18/20 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Dollar, Jordan)
November 17, 2020 Opinion or Order Filing 26 NOTICE OF REASSIGNMENT. Per ORDER at #25, this case is randomly reassigned to the Honorable Judge Roseann Ketchmark for all further proceedings. Please note the new case number: 4:20-00874-CV-W-RK. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri)
November 17, 2020 Opinion or Order Filing 25 The Court hereby directs the Clerk's Office to reassign this case. Signed on 11/17/20 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
November 17, 2020 Opinion or Order Filing 24 NOTICE of appearance by Kelly Elizabeth Phipps on behalf of United States of America (Attorney Kelly Elizabeth Phipps added to party United States of America(pty:pla))(Phipps, Kelly)
November 16, 2020 Opinion or Order Filing 23 NOTICE OF REASSIGNMENT. Per ORDER at #22 , this case is randomly reassigned to the Honorable Judge Fernando J. Gaitan, Jr. for all further proceedings. Please note the new case number: 4:20-00874-CV-W-FJG. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri)
November 16, 2020 Opinion or Order Filing 22 ORDER directing the Clerk's Office to reassign case. Signed on 11/16/2020 by District Judge Howard F. Sachs. (Moore, Terri)
November 12, 2020 Opinion or Order Filing 21 SUGGESTIONS in support re #20 Consent MOTION for order Extending Deadlines and Setting a Briefing Schedule filed by Katie Jo Luningham on behalf of Defendant James B. Nutter & Company. (Related document(s) #20 ) (Luningham, Katie)
November 12, 2020 Opinion or Order Filing 20 Consent MOTION for order Extending Deadlines and Setting a Briefing Schedule filed by Katie Jo Luningham on behalf of James B. Nutter & Company. Suggestions in opposition/response due by 11/27/2020 unless otherwise directed by the court. (Luningham, Katie)
November 4, 2020 Opinion or Order Filing 19 ORDER granting #17 motion to appear pro hac vice entered by Clerk of Court. Attorney Kelley C. Barnaby for James B. Nutter & Company 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. (Berner, Crystal)
November 3, 2020 Opinion or Order Filing 18 ORDER granting #16 motion to appear pro hac vice entered by Clerk of Court. Attorney Edward T. Kang for James B. Nutter & Company 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. (Berner, Crystal)
November 3, 2020 Opinion or Order Filing 17 Motion to allow Kelley C. Barnaby to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7127480) filed by Katie Jo Luningham on behalf of James B. Nutter & Company. (Luningham, Katie)
November 3, 2020 Opinion or Order Filing 16 Motion to allow Edward T. Kang to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7127445) filed by Katie Jo Luningham on behalf of James B. Nutter & Company. (Luningham, Katie)
November 3, 2020 Opinion or Order Filing 15 DISCLOSURE OF CORPORATE INTERESTS filed by Katie Jo Luningham on behalf of Defendant James B. Nutter & Company.(Luningham, Katie)
November 3, 2020 Opinion or Order Filing 14 NOTICE of appearance by Katie Jo Luningham on behalf of James B. Nutter & Company (Attorney Katie Jo Luningham added to party James B. Nutter & Company(pty:dft))(Luningham, Katie)
November 2, 2020 Opinion or Order Filing 13 NOTICE of appearance by Lucinda S. Woolery on behalf of United States of America (Attorney Lucinda S. Woolery added to party United States of America(pty:pla))(Woolery, Lucinda)
October 30, 2020 Opinion or Order Filing 12 ORDER entered by Judge Howard F. Sachs. Proposed scheduling order due by 12/10/2020. Signed on 10/30/20 by District Judge Howard F. Sachs. (Matthes Mitra, Renea)
October 30, 2020 Opinion or Order Filing 11 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 an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria)
October 30, 2020 Opinion or Order Filing 10 CASE TRANSFERRED IN from District of District of Columbia; Case Number 1:20-cv-02742. (Additional attachment(s) added on 11/2/2020: #2 transfer) (Woods, Gloria).
October 20, 2020 Opinion or Order Filing 9 ORDER granting Defendant's 8 Consent Motion to Stay and 8 Consent Motion to Transfer and directing the clerk to transfer the case to the U.S. District Court for the Western District of Missouri. Signed by Judge Timothy J. Kelly on 10/20/2020. (lctjk3) [Transferred from dcd on 10/30/2020.]
October 14, 2020 Opinion or Order Filing 8 Consent MOTION to Stay and, Consent MOTION to Transfer Case to the United States District Court for the Western District of Missouri by JAMES B. NUTTER & COMPANY (Attachments: # 1 Declaration of Alfred Pitzner, # 2 Text of Proposed Order)(Kang, Edward) [Transferred from dcd on 10/30/2020.]
October 9, 2020 Opinion or Order Filing 7 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JAMES B. NUTTER & COMPANY (Kang, Edward) [Transferred from dcd on 10/30/2020.]
October 9, 2020 Opinion or Order Filing 6 NOTICE of Appearance by Kelley C. Barnaby on behalf of JAMES B. NUTTER & COMPANY (Barnaby, Kelley) [Transferred from dcd on 10/30/2020.]
October 9, 2020 Opinion or Order Filing 5 NOTICE of Appearance by Edward T. Kang on behalf of JAMES B. NUTTER & COMPANY (Kang, Edward) [Transferred from dcd on 10/30/2020.]
October 6, 2020 Opinion or Order Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES B. NUTTER & COMPANY served on 9/28/2020, answer due 10/19/2020 (Hudak, Brian) [Transferred from dcd on 10/30/2020.]
September 29, 2020 Opinion or Order Filing 3 STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 9/29/2020. (lctjk3) [Transferred from dcd on 10/30/2020.]
September 28, 2020 Opinion or Order Filing 2 SUMMONS (1) Issued Electronically as to JAMES B. NUTTER & COMPANY. (Attachment: # 1 Notice and Consent)(adh, ) [Transferred from dcd on 10/30/2020.]
September 28, 2020 Opinion or Order Case Assigned to Judge Timothy J. Kelly. (adh, ) [Transferred from dcd on 10/30/2020.]
September 25, 2020 Opinion or Order Filing 1 COMPLAINT against JAMES B. NUTTER & COMPANY with Jury Demand (Fee Status:Filing Fee Waived) filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit (Attachment 1), # 2 Exhibit (Attachment 2), # 3 Exhibit (Attachment 3), # 4 Civil Cover Sheet, # 5 Summons)(Hudak, Brian) [Transferred from dcd on 10/30/2020.]

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Defendant: James B. Nutter & Company doing business as Nutter Home Loans
Represented By: Edward T. Kang
Represented By: Kelley C. Barnaby
Represented By: Katie Jo Luningham
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Plaintiff: United States of America
Represented By: Brian Paul Hudak
Represented By: Lucinda S. Woolery
Represented By: Kelly Elizabeth Phipps
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