Romero v. Selene Finance, LP et al
| Valerie A. Vance Romero |
| Selene Finance, LP, US Bank Trust National Association, RCF 2 Acquisition Trust, US Bank Trust National Association not in its Individaul Capacity but Solely as Owner Trustee for RCF 2 Acquisition Trust, New Residential Mortgage, LLC, Newrez, LLC d/b/a Shellpoint Mortgage Servicing, Eastplains Corporation, Millsap & Singer, P.C., Millsap & Singer, LLC, Millsap & Singer Law Firm, LLC, Millsap & Singer and Newrez, LLC doing business as Shellpoint Mortgage Servicing |
| 4:2022cv00829 |
| December 15, 2022 |
| US District Court for the Western District of Missouri |
| Fernando J Gaitan |
| Brian C Wimes |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 113 MOTION to withdraw as attorney filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 10/27/2023 unless otherwise directed by the court. (Lloyd, Chiya) |
Filing 112
ORDERED the joint motion to extend pre-trial deadlines and continue trial. (Doc. #109 ) is GRANTED. The new dates and deadlines are as follows:TRIAL: This case is set for a 4-day trial on September 9, 2024 at 9:00 a.m. FINAL PRETRIAL CONFERENCE: This case is set for final pretrial teleconference on August 14, 2024 at 1:30 p.m. DISPOSITIVE MOTIONS: Any dispositive motion, except those under Fed. R. Civ. P. Rule 12(h)(2) or (3), shall be filed on or before April 29, 2024. DISCOVERY CLOSURE DEADLINE: Discovery shall be completed on or before March 29, 2024. Signed on 9/26/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 111 Minute Entry. Proceedings held before District Judge Brian C. Wimes: TELEPHONE CONFERENCE held on 9/26/2023. Counsel appearing for Plaintiff(s): Chiya Lloyd. Counsel appearing for Defendant(s): Elizabeth Hayes, Mark Haddad, Rob Scott and James Todd. Time in court: 9:05 am to 9:15 am. To order a transcript of this hearing please contact Denise Halasey, 816-512-5657, denise_halasey@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 110 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 9/26/2023 09:00 AM before District Judge Brian C. Wimes. (Diefenbach, Tracy) Conference call information emailed to counsel. |
| Filing 109 Joint MOTION for extension of time of Pre-Trial Deadlines and Continue Trial filed by Elizabeth Hayes on behalf of Selene Finance, LP. Suggestions in opposition/response due by 9/21/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Hayes, Elizabeth) |
| Filing 108 CERTIFICATE OF SERVICE by Eastplains Corporation, Selene Finance, LP, US Bank Trust National Association First Set of Discovery Requests to Plaintiff filed by Elizabeth Hayes on behalf of Defendants Eastplains Corporation, Selene Finance, LP, US Bank Trust National Association.(Hayes, Elizabeth) |
| Filing 107 CERTIFICATE OF SERVICE by Valerie A. Vance Romero re #106 Certificate of Service, Plaintiffs ObjectionsResponses to Defendant New Residential Mortgage, LLC First Requests for Production of Documents and First Set of Interrogatories filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero. Related document: #106 Certificate of Service, filed by New Residential Mortgage, LLC.(Lloyd, Chiya) |
| Filing 106 CERTIFICATE OF SERVICE by New Residential Mortgage, LLC First Requests for Production of Documents and First Set of Interrogatories to Plaintiff Valerie A. Vance Romero filed by Megan Bruyns on behalf of Defendant New Residential Mortgage, LLC.(Bruyns, Megan) |
| Filing 105 REPLY SUGGESTIONS to motion re #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Petition filed by James Eric Todd on behalf of Defendants Millsap & Singer, Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C.. (Related document(s) #78 ) (Todd, James) |
| Filing 104 REPLY SUGGESTIONS to motion re #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiffs First Amended Complaint filed by Megan Bruyns on behalf of Defendants New Residential Mortgage, LLC, Newrez, LLC. (Related document(s) #76 ) (Bruyns, Megan) |
| Filing 103 REPLY SUGGESTIONS to motion re #74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint filed by Elizabeth Hayes on behalf of Defendants Selene Finance, LP, US Bank Trust National Association. (Related document(s) #74 ) (Hayes, Elizabeth) |
| Filing 102 REPLY SUGGESTIONS to motion re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint filed by Elizabeth Hayes on behalf of Defendant Eastplains Corporation. (Related document(s) #72 ) (Hayes, Elizabeth) |
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Filing 101
ORDER: Before the Court is Defendants NewRez LLC d/b/a Shellpoint Mortgage Servicing and New Residential Mortgage LLC's unopposed motion for extension of time to reply to its motion to dismiss (Doc. #99 ) and Defendants Millsap & Singer, LLC and Millsap & Singer, PC's unopposed motion for extension of time to file a reply to its motion to dismiss (Doc. #100 ). Both motions seek anextension until May 8, 2023. The Court, being duly advised of the premises, and Plaintiff indicating no objection, grants said motions. Defendants shall file a reply on or before May 8, 2023. Signed on 4/21/2023 by District Judge Brian C. Wimes. (Ellis, Lindsey)
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| Filing 100 MOTION for extension of time to file response/reply as to #93 Suggestions in Opposition to Motion, filed by James Eric Todd on behalf of Millsap & Singer, Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C.. Suggestions in opposition/response due by 5/4/2023 unless otherwise directed by the court. (Related document(s) #93 ) (Todd, James) |
| Filing 99 MOTION for extension of time to file response/reply Supporting Motion to Dismiss filed by Megan Bruyns on behalf of New Residential Mortgage, LLC, Newrez, LLC. Suggestions in opposition/response due by 5/4/2023 unless otherwise directed by the court. (Bruyns, Megan) |
| Filing 98 CERTIFICATE OF SERVICE by Newrez, LLC Responses to Plaintiff's First Set of Interrogatories and First Requests for Production of Documents filed by Megan Bruyns on behalf of Defendant Newrez, LLC.(Bruyns, Megan) |
| Filing 97 CERTIFICATE OF SERVICE by New Residential Mortgage, LLC Responses to Plaintiff's First Set of Interrogatories and First Requests for Production of Documents filed by Megan Bruyns on behalf of Defendant New Residential Mortgage, LLC.(Bruyns, Megan) |
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Filing 96
ORDERED Defendants Selene Finance, LP and U.S. Bank Trust National Association not in its Individual Capacity but Solely as Owner Trustee for RCF 2 Acquisition Trust's unopposed motion for extension of time to reply to the motion to dismiss (Doc. #94) is GRANTED. ORDERED Defendant Eastplains Corporation's unopposed motion for extension of time to reply to the motion to dismiss (Doc. #95) is GRANTED. ORDERED Defendants shall file a reply on or before May 8, 2023. Signed on 4/13/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 95 MOTION for extension of time to file response/reply as to #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint, #73 Suggestions in Support of Motion, UNOPPOSED filed by Elizabeth Hayes on behalf of Eastplains Corporation. Suggestions in opposition/response due by 4/26/2023 unless otherwise directed by the court. (Related document(s) #72 , #73 ) (Hayes, Elizabeth) |
| Filing 94 MOTION for extension of time to file response/reply as to #75 Suggestions in Support of Motion, #74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint UNOPPOSED filed by Elizabeth Hayes on behalf of Selene Finance, LP, US Bank Trust National Association. Suggestions in opposition/response due by 4/26/2023 unless otherwise directed by the court. (Related document(s) #75 , #74 ) (Hayes, Elizabeth) |
| Filing 93 SUGGESTIONS in opposition re #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Petition as to Millsap Defendants filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero. Reply suggestions due by 4/25/2023 unless otherwise directed by the court. (Related document(s) #78 ) (Lloyd, Chiya) |
| Filing 92 SUGGESTIONS in opposition re #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiffs First Amended Complaint as to Defendants New Residential Mortgage and Newrez LLC d/b/a Shellpoint Mortgage Servicing filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero. Reply suggestions due by 4/25/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A 12.2021 purported owner, #2 Exhibit B 3.2020 purported owner, #3 Exhibit C mediation cost share, #4 Exhibit D parties attending signatures)(Related document(s) #76 ) (Lloyd, Chiya) |
| Filing 91 SUGGESTIONS in opposition re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint as to Defendant Eastplains Corporation filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero. Reply suggestions due by 4/24/2023 unless otherwise directed by the court. (Related document(s) #72 ) (Lloyd, Chiya) |
| Filing 90 SUGGESTIONS in opposition re #74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero. Reply suggestions due by 4/24/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A 2.25.22 Payoff, #2 Exhibit B 10.2022 payoff, #3 Exhibit C mediation cost share, #4 Exhibit D parties attending signatures)(Related document(s) #74 ) (Lloyd, Chiya) |
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Filing 89
PROTECTIVE ORDER. Signed on 4/4/23 by District Judge Brian C. Wimes. (Attachments: #1 Exhibit Attachment A) (Diefenbach, Tracy)
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| Filing 88 CERTIFICATE OF SERVICE by US Bank Trust National Association filed by Elizabeth Hayes on behalf of Defendant US Bank Trust National Association.(Hayes, Elizabeth) |
| Filing 87 CERTIFICATE OF SERVICE by Selene Finance, LP filed by Elizabeth Hayes on behalf of Defendant Selene Finance, LP.(Hayes, Elizabeth) |
| Filing 86 Joint MOTION for protective order and Confidentiality filed by Elizabeth Hayes on behalf of Eastplains Corporation, Selene Finance, LP, US Bank Trust National Association. Suggestions in opposition/response due by 4/17/2023 unless otherwise directed by the court. (Hayes, Elizabeth) |
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Filing 85
ORDER granting #84 motion for extension of time to complete discovery. Discovery due by 4/13/2023. Signed on 3/29/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 84 Second MOTION for extension of time to complete discovery filed by Megan Bruyns on behalf of New Residential Mortgage, LLC, Newrez, LLC. Suggestions in opposition/response due by 4/11/2023 unless otherwise directed by the court. (Bruyns, Megan) |
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Filing 83
ORDERED Plaintiff's motions for extension of time (Docs. #80, 81, & 82) are GRANTED. Plaintiff shall file opposition suggestions to Defendants' motions to dismiss (Docs. #74, 76, & 78) on or before April 11, 2023. Signed on 3/28/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 82 MOTION for extension of time to file response/reply as to #79 Suggestions in Support of Motion, #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Petition filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 4/6/2023 unless otherwise directed by the court. (Related document(s) #79 , #78 ) (Lloyd, Chiya) |
| Filing 81 MOTION for extension of time to file response/reply as to #77 Suggestions in Support of Motion, #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiffs First Amended Complaint filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 4/6/2023 unless otherwise directed by the court. (Related document(s) #77 , #76 ) (Lloyd, Chiya) |
| Filing 80 MOTION for extension of time to file response/reply as to #75 Suggestions in Support of Motion, #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint, #74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint, #73 Suggestions in Support of Motion, filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 4/6/2023 unless otherwise directed by the court. (Related document(s) #75 , #72 , #74 , #73 ) (Lloyd, Chiya) |
| Filing 79 SUGGESTIONS in support re #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Petition filed by James Eric Todd on behalf of Defendants Millsap & Singer, Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C.. (Related document(s) #78 ) (Todd, James) |
| Filing 78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Petition filed by James Eric Todd on behalf of Millsap & Singer, Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C.. Suggestions in opposition/response due by 3/28/2023 unless otherwise directed by the court. (Todd, James) |
| Filing 77 SUGGESTIONS in support re #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiffs First Amended Complaint filed by Megan Bruyns on behalf of Defendants New Residential Mortgage, LLC, Newrez, LLC. (Related document(s) #76 ) (Bruyns, Megan) |
| Filing 76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiffs First Amended Complaint filed by Megan Bruyns on behalf of New Residential Mortgage, LLC, Newrez, LLC. Suggestions in opposition/response due by 3/28/2023 unless otherwise directed by the court. (Bruyns, Megan) |
| Filing 75 SUGGESTIONS in support re #74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint filed by Elizabeth Hayes on behalf of Defendants Selene Finance, LP, US Bank Trust National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Related document(s) #74 ) (Hayes, Elizabeth) |
| Filing 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint filed by Elizabeth Hayes on behalf of Selene Finance, LP, US Bank Trust National Association. Suggestions in opposition/response due by 3/27/2023 unless otherwise directed by the court. (Hayes, Elizabeth) |
| Filing 73 SUGGESTIONS in support re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint filed by Elizabeth Hayes on behalf of Defendant Eastplains Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Related document(s) #72 ) (Hayes, Elizabeth) |
| Filing 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on Plaintiff's First Amended Complaint filed by Elizabeth Hayes on behalf of Eastplains Corporation. Suggestions in opposition/response due by 3/27/2023 unless otherwise directed by the court. (Hayes, Elizabeth) |
| Filing 71 AMENDED COMPLAINT #1 against All Defendants filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. (Attachments: #1 Exhibit #1 Original Deed of Trust, #2 Exhibit #2 DiTech Assignment, #3 Exhibit #3 New Residential Assignment, #4 Exhibit #4 NewRez Assignment, #5 Exhibit #5 Different Owners than Recorder of Deeds, #6 Exhibit #6 Shellpoint Emails, #7 Exhibit #7 Foreclosure Correspondence, #8 Exhibit #8 Emails claiming new loan servicer, #9 Exhibit #9 US Bank Trust Notice, #10 Exhibit #10 US Bank Trust Assignment, #11 Exhibit #11 Interest Rate Charges, #12 Exhibit #12 Loan Balance Change, #13 Exhibit #13 Selene Postmark, #14 Exhibit #14 Successor Trustee Appt, #15 Exhibit #15 MS Letter 1, #16 Exhibit #16 MS Letter 2, #17 Exhibit #17 Shellpoint as Servicer)(Lloyd, Chiya) |
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Filing 70
ORDERED Plaintiff's motion for leave to file a first amended complaint (Doc. #63) is GRANTED. It is further ORDERED Defendants shall respond to the first amended complaint within 21 days of entry of this Order. It is further ORDERED Defendants Selene Finance, LP and U.S. Bank Trust National Association Solely as Owner Trustee for RCF 2 Acquisition Trust's motion to dismiss (Doc. #16); Defendants NewRez LLC d/b/a Shellpoint Mortgage Servicing and New Residential Mortgage LLC's motion to dismiss (Doc. #33); Defendants Millsap & Singer, P.C. and Millsap & Singer, L.L.C.'s motion to dismiss (Doc. #36); and Defendant EastPlains Corporation's motion to dismiss (Doc. #54) are DENIED AS MOOT. Defendants may refile these motions as they relate to Plaintiffs first amended complaint. It is further ORDERED Defendant EastPlains Corporation's unopposed motion to enlarge the deadline to respond (Doc. #66); Defendants Selene Finance, LP and U.S. Bank Trust National Association as Owner Trustee for RCF 2 Acquisition Trust's motion to enlarge the deadline to respond (Doc. #67); Defendant Newrez LLC and New Residential Mortgage LLC's unopposed motion to enlarge deadlines (Doc. #68); Defendants Millsap & Singer, LLC and Millsap & Singer, PC's motion for extension of time (Doc. #69) are DENIED AS MOOT. Signed on 2/21/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 69 MOTION for extension of time Unopposed filed by James Eric Todd on behalf of Millsap & Singer, Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C.. Suggestions in opposition/response due by 3/6/2023 unless otherwise directed by the court. (Todd, James) |
| Filing 68 MOTION for extension of time to file answer re #62 Amended Complaint,,, filed by Megan Bruyns on behalf of New Residential Mortgage, LLC, Newrez, LLC. Suggestions in opposition/response due by 3/6/2023 unless otherwise directed by the court. (Related document(s) #62 ) (Bruyns, Megan) |
| Filing 67 MOTION for extension of time to file answer re #62 Amended Complaint,,, and Extend Time to Respond to Plaintiff's Discovery Requests (UNOPPOSED) filed by Elizabeth Hayes on behalf of Selene Finance, LP, US Bank Trust National Association. Suggestions in opposition/response due by 3/6/2023 unless otherwise directed by the court. (Related document(s) #62 ) (Hayes, Elizabeth) |
| Filing 66 MOTION for extension of time to file answer re #62 Amended Complaint,,, UNOPPOSED filed by Elizabeth Hayes on behalf of Eastplains Corporation. Suggestions in opposition/response due by 3/6/2023 unless otherwise directed by the court. (Related document(s) #62 ) (Hayes, Elizabeth) |
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Filing 65
ORDERED Defendants' motion for extension of time (Doc. #64) is GRANTED. Defendants shall respond to Plaintiff's first set of interrogatories and first request for production of documents on or before March 30, 2023. Signed on 2/14/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 64 MOTION for extension of time to complete discovery filed by Megan Bruyns on behalf of New Residential Mortgage, LLC, Newrez, LLC. Suggestions in opposition/response due by 2/27/2023 unless otherwise directed by the court. (Bruyns, Megan) |
| Filing 63 Supplemental MOTION for leave to file FIRST AMENDED PETITION filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 2/24/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 PROPOSED FIRST AMENDED PETITION)(Lloyd, Chiya) |
| Filing 62 AMENDED COMPLAINT FIRST against All Defendants filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. (Attachments: #1 Exhibit 1 ORIGINAL DOT, #2 Exhibit 2 DITECH DOT, #3 Exhibit 3 NEW RESIDENTIAL DOT, #4 Exhibit 4 NEWREZ DOT, #5 Exhibit 5 DIFFERENT OWNERSHIP CLAIM, #6 Exhibit 6 EMAILS TO SHELLPOINT, #7 Exhibit 7 FORECLOSURE INFO, #8 Exhibit 8 EMAILS, #9 Exhibit 9 NOTICE OF USBANK OWNERSHIP, #10 Exhibit 10 MARCH 2022 DOT, #11 Exhibit 11 INTEREST CHARGES IN 2 MONTH PERIOD, #12 Exhibit 12 LOAN BALANCE CHANGE, #13 Exhibit 13 SELENE STILL WORKING ON QWR, #14 Exhibit 14 EASTPLAINS TRUSTEE, #15 Exhibit 15 MS LETTERS, #16 Exhibit 16 MS LETTERS 2, #17 Exhibit 17 SHELLPOINT AS DEBT COLLECTOR)(Lloyd, Chiya) |
| Filing 61 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by James Eric Todd on behalf of Defendants Millsap & Singer, Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C..(Todd, James) |
| Filing 60 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES Plaintiff's Initial Rule 26 Disclosures filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero.(Lloyd, Chiya) |
| Filing 59 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Elizabeth Hayes on behalf of Defendant Eastplains Corporation.(Hayes, Elizabeth) |
| Filing 58 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Elizabeth Hayes on behalf of Defendants Selene Finance, LP, US Bank Trust National Association.(Hayes, Elizabeth) |
| Filing 57 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Megan Bruyns on behalf of Defendants New Residential Mortgage, LLC, Newrez, LLC.(Bruyns, Megan) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 2/2/2023 as Document No. 54, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Ellis, Lindsey) |
| Filing 56 REPLY SUGGESTIONS to motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elizabeth Hayes on behalf of Defendants Selene Finance, LP, US Bank Trust National Association. (Related document(s) #16 ) (Attorney Elizabeth Hayes added to party US Bank Trust National Association(pty:dft))(Hayes, Elizabeth) |
| Filing 55 SUGGESTIONS in support re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elizabeth Hayes on behalf of Defendant Eastplains Corporation. (Related document(s) #54 ) (Hayes, Elizabeth) |
| Filing 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elizabeth Hayes on behalf of Eastplains Corporation. Suggestions in opposition/response due by 2/16/2023 unless otherwise directed by the court. (Attachments: # 1 proposed Order)(Hayes, Elizabeth) |
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Filing 53
ORDER granting #52 motion to appear pro hac vice entered by Clerk of Court. Attorney Marc D. Cabrera for Eastplains Corporation 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. (Warren, Melissa)
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| Filing 52 Motion to allow Marc D. Cabrera to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8307961) filed by Abigail Elizabeth Williams on behalf of Eastplains Corporation. (Williams, Abigail) |
| Filing 51 CERTIFICATE OF SERVICE by Valerie A. Vance Romero Plaintiffs First Set of Interrogatories and First Set of Requests for Production to Defendant New Residential Mortgage, LLC filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero.(Lloyd, Chiya) |
| Filing 50 CERTIFICATE OF SERVICE by Valerie A. Vance Romero Plaintiffs First Set of Interrogatories and First Set of Requests for Production to Defendant Newer LLC d/b/a Shellpoint Mortgage Servicing filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero.(Lloyd, Chiya) |
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Filing 49
SCHEDULING ORDER: Discovery due by 9/29/2023. Dispositive Motions due by 10/27/2023. Pretrial Conference set for 3/14/2024 01:30 PM by telephone before District Judge Brian C. Wimes. Jury Trial set for 4/1/2024 09:00 AM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes. Signed on 1/31/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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Filing 48
ORDERED Defendant EastPlains Corporation's motion for leave to withdraw and refile the motion to dismiss (Doc. #30) is GRANTED. Signed on 1/31/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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| Filing 47 Before this Court is #44 Plaintiff's Unopposed motion for extension of time to file response to #36 MOTION TO DISMISS and #45 Plaintiff's MOTION for extension of time to file response #33 MOTION TO DISMISS. For good cause shown, the motions are granted. Plaintiff shall a response to #33 MOTION TO DISMISS and #36 MOTION TO DISMISS on or before 2/24/2023. Signed on 1/31/23 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 46 Minute Entry. Proceedings held before District Judge Brian C. Wimes: SCHEDULING CONFERENCE held on 1/31/2023. Scheduling order to be entered. Counsel appearing for Plaintiff(s): Chiya Lloyd. Counsel appearing for Defendant(s): Elizabeth Hayes, Megan Bruyns and Mark Haddad. Time in court: 9:00 am to 9:20 am. To order a transcript of this hearing please contact Denise Halasey, 816-512-5657, denise_halasey@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 45 MOTION for extension of time to file response/reply as to #34 Suggestions in Support of Motion, #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendants Newrez and New Residential Mortgage filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 2/13/2023 unless otherwise directed by the court. (Related document(s) #34 , #33 ) (Lloyd, Chiya) |
| Filing 44 Consent MOTION for extension of time to file response/reply as to #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Suggestions in Support as to Defendant Millsap filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 2/13/2023 unless otherwise directed by the court. (Related document(s) #36 ) (Lloyd, Chiya) |
| Filing 43 CERTIFICATE OF SERVICE by Valerie A. Vance Romero Plaintiffs First Set of Interrogatories and First Set of Requests for Production to Defendant US Bank Trust National Association not in its individual capacity filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero.(Lloyd, Chiya) |
| Filing 42 CERTIFICATE OF SERVICE by Valerie A. Vance Romero Plaintiffs First Set of Interrogatories and Requests for Production to Defendant Selene Finance, LP filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero.(Lloyd, Chiya) |
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Filing 41
ORDER granting #39 & #40 motion to appear pro hac vice entered by Clerk of Court. Attorney Robert H. Scott and Megan Kathleen Gabbard Bruyns for New Residential Mortgage, LLC and Newrez, LLC 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)
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| Filing 40 Motion to allow Megan Kathleen Gabbard Bruyns to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8299583) filed by Mark Haddad on behalf of New Residential Mortgage, LLC, Newrez, LLC. (Haddad, Mark) |
| Filing 39 Motion to allow Robert Harlan Scott to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8299557) filed by Mark Haddad on behalf of New Residential Mortgage, LLC, Newrez, LLC. (Haddad, Mark) |
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Filing 38
ORDER granting #37 motion to appear pro hac vice entered by Clerk of Court. Attorney Elizabeth Hayes for Eastplains Corporation, Selene Finance, LP and US Bank Trust National Association 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)
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| Filing 37 Motion to allow Elizabeth Hayes to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8294002) filed by Abigail Elizabeth Williams on behalf of Eastplains Corporation, Selene Finance, LP, US Bank Trust National Association. (Williams, Abigail) |
| 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) |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Suggestions in Support filed by James Eric Todd on behalf of Millsap & Singer, Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C.. Suggestions in opposition/response due by 2/6/2023 unless otherwise directed by the court. (Todd, James) |
| Filing 35 NOTICE of appearance by James Eric Todd on behalf of Millsap & Singer, Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C. (Attorney James Eric Todd added to party Millsap & Singer(pty:dft), Attorney James Eric Todd added to party Millsap & Singer Law Firm, LLC(pty:dft), Attorney James Eric Todd added to party Millsap & Singer, LLC(pty:dft), Attorney James Eric Todd added to party Millsap & Singer, P.C.(pty:dft))(Todd, James) |
| Filing 34 SUGGESTIONS in support re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Haddad on behalf of Defendants New Residential Mortgage, LLC, Newrez, LLC. (Related document(s) #33 ) (Haddad, Mark) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Haddad on behalf of New Residential Mortgage, LLC, Newrez, LLC. Suggestions in opposition/response due by 2/6/2023 unless otherwise directed by the court. (Haddad, Mark) |
| Filing 32 DESIGNATION OF MEDIATOR naming Hon. Charles Atwell(Lloyd, Chiya) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 1/19/2023 as Document No. 30, MOTION for leave to file /Withdraw and Refile Motion to Dismiss, or Alternatively, Issuance of New Briefing Schedule. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Ellis, Lindsey) |
| Filing 31 SUGGESTIONS in opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero. Reply suggestions due by 2/2/2023 unless otherwise directed by the court. (Related document(s) #16 ) (Lloyd, Chiya) |
| Filing 30 MOTION for leave to file /Withdraw and Refile Motion to Dismiss, or Alternatively, Issuance of New Briefing Schedule filed by Abigail Elizabeth Williams on behalf of Eastplains Corporation. Suggestions in opposition/response due by 2/2/2023 unless otherwise directed by the court. (Attachments: # 1 Proposed Order Granting Motion for Leave)(Williams, Abigail) |
| Filing 29 DISCLOSURE OF CORPORATE INTERESTS filed by Abigail Elizabeth Williams on behalf of Defendant Eastplains Corporation.(Williams, Abigail) |
| Filing 28 Joint PROPOSED SCHEDULING ORDER by Valerie A. Vance Romero. (Lloyd, Chiya) |
| Filing 27 NOTICE of appearance by Abigail Elizabeth Williams on behalf of Eastplains Corporation (Attorney Abigail Elizabeth Williams added to party Eastplains Corporation(pty:dft))(Williams, Abigail) |
| Filing 26 **WITHDRAWN PER ORDER ENTERED 1/31/23 Doc. 48 ** REPLY Suggestions re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Eastplains Corporation. (Cardwell, Bryan) Modified on 1/9/2023 to correct filing event; NEF regenerated (Ellis, Lindsey). Modified on 1/31/2023 to withdraw document. (Diefenbach, Tracy). |
| Filing 25 **WITHDRAWN PER ORDER ENTERED 1/31/23 Doc. 48 ** SUGGESTIONS in opposition re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chiya C Lloyd on behalf of Plaintiff Valerie A. Vance Romero. Reply suggestions due by 1/19/2023 unless otherwise directed by the court. (Related document(s) 8 ) (Lloyd, Chiya) Modified on 1/31/2023 to withdraw. (Diefenbach, Tracy). |
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Filing 24
ORDER: Before the Court is Defendant New Residential Mortgage's unopposed motion for extension of time (Doc. #12 ) and Defendants Millsap & Singer, LLC and Millsap & Singer, PC's unopposed motion for extension of time (Doc. #18 ). Defendants New Residential Mortgage, Millsap & Singer, LLC and Millsap & Singer, PC seek a 30-day extension of time from December 22, 2022 to January 23, 2023 to answer or otherwise respond to Plaintiff's complaint. The Court, being duly advised of the premises, and Plaintiff indicating no objection, grants said motions. Signed on 1/5/2023 by District Judge Brian C. Wimes. (Ellis, Lindsey)
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Filing 23
ORDER: Before the Court is Plaintiff's motion for leave to file an opposition to Defendant Eastplains' motion to dismiss (Doc. #21 ) and unopposed motion for a two-week extension of time to file an opposition to Defendant Selene Finance, LP's motion to dismiss (Doc. #22 ). The Court, being duly advised of the premises, grants said motions. Please see order for further instruction. Signed on 1/5/2023 by District Judge Brian C. Wimes. (Ellis, Lindsey)
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| Filing 22 Consent MOTION for extension of time to file answer re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #17 Suggestions in Support of Motion, filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 1/18/2023 unless otherwise directed by the court. (Related document(s) #16 , #17 ) (Lloyd, Chiya) |
| Filing 21 MOTION for leave to file Plaintiffs Opposition to Eastplains Corporations Motion to Dismiss filed by Chiya C Lloyd on behalf of Valerie A. Vance Romero. Suggestions in opposition/response due by 1/18/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A Plaintiffs Opposition to Defendant Eastplains Corporation Motion to Dismiss)(Lloyd, Chiya) |
| Filing 20 NOTICE of filing Consent to Removal of Civil Action by Millsap & Singer, LLC, Millsap & Singer, P.C. (Williams, Abigail) |
| Filing 19 NOTICE of filing Consent to Removal of Civil Action by Eastplains Corporation (Williams, Abigail) |
| Filing 18 Consent MOTION for extension of time to file response/reply to Plaintiff's Complaint filed by Charles S Pullium, III on behalf of Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C.. Suggestions in opposition/response due by 1/5/2023 unless otherwise directed by the court. (Attachments: #1 Proposed Order)(Pullium, Charles) |
| Filing 17 SUGGESTIONS in support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Abigail Elizabeth Williams on behalf of Defendants Selene Finance, LP, US Bank Trust National Association. (Related document(s) #16 ) (Williams, Abigail) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Abigail Elizabeth Williams on behalf of Selene Finance, LP, US Bank Trust National Association. Suggestions in opposition/response due by 1/5/2023 unless otherwise directed by the court. (Attachments: #1 Proposed Order)(Williams, Abigail) |
| Filing 15 DISCLOSURE OF CORPORATE INTERESTS filed by Charles S Pullium, III on behalf of Defendants Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C..(Pullium, Charles) |
| Filing 14 NOTICE of appearance by Charles S Pullium, III on behalf of Millsap & Singer Law Firm, LLC, Millsap & Singer, LLC, Millsap & Singer, P.C. (Attorney Charles S Pullium, III added to party Millsap & Singer Law Firm, LLC(pty:dft), Attorney Charles S Pullium, III added to party Millsap & Singer, LLC(pty:dft), Attorney Charles S Pullium, III added to party Millsap & Singer, P.C.(pty:dft))(Pullium, Charles) |
| Filing 13 DISCLOSURE OF CORPORATE INTERESTS filed by Mark Haddad on behalf of Defendants New Residential Mortgage, LLC, Newrez, LLC.(Haddad, Mark) |
| Filing 12 MOTION for extension of time filed by Mark Haddad on behalf of New Residential Mortgage, LLC, Newrez, LLC. Suggestions in opposition/response due by 1/4/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Haddad, Mark) |
| Filing 11 NOTICE of filing Consent to Removal by New Residential Mortgage, LLC, Newrez, LLC (Haddad, Mark) |
| Filing 10 NOTICE of appearance by Mark Haddad on behalf of New Residential Mortgage, LLC, Newrez, LLC (Attorney Mark Haddad added to party New Residential Mortgage, LLC(pty:dft), Attorney Mark Haddad added to party Newrez, LLC(pty:dft))(Haddad, Mark) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/20/2022 as Document No. 9, Pretrial Memorandum. The document has been deleted as the incorrect document was filed - filed document was a duplicate of 8 . Counsel will refile the correct document. This is a text entry only - no document is attached. (Crocker, Susan) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
| Filing 9 PRETRIAL MEMORANDUM by Eastplains Corporation. (Cardwell, Bryan) |
| Filing 8 **WITHDRAWN PER ORDER ENTERED 1/31/23 Doc. 48 ** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bryan Cardwell on behalf of Eastplains Corporation. Suggestions in opposition/response due by 1/3/2023 unless otherwise directed by the court. (Cardwell, Bryan) Modified on 1/31/2023 to withdraw and terminate document. (Diefenbach, Tracy). |
| Filing 7 NOTICE of appearance by Bryan Cardwell on behalf of Eastplains Corporation (Attorney Bryan Cardwell added to party Eastplains Corporation(pty:dft))(Cardwell, Bryan) |
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Filing 6
RULE 16 NOTICE. Proposed scheduling order due by 1/17/2023. Scheduling Conference set for 1/31/2023 09:00 AM by telephone before District Judge Brian C. Wimes. Signed on 12/20/22 by District Judge Brian C. Wimes. (Diefenbach, Tracy)
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Filing 5
ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Brian C. Wimes for all further proceedings. District Judge Fernando J. Gaitan, Jr no longer assigned to case. Please note the new case number is 4:22-00829-CV-W-BCW. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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Filing 4
ORDER directing the Clerk of Court to randomly reassign this case for all further proceedings. Signed on 12/16/22 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
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| 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 an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Abigail Elizabeth Williams on behalf of Defendants Selene Finance, LP, US Bank Trust National Association not in its Individaul Capacity but Solely as Owner Trustee for RCF 2 Acquisition Trust.(Williams, Abigail) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Jackson County, case number 2216-CV25501, filed by Abigail Elizabeth Williams. Filing fee $402, receipt number AMOWDC-8236645. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Notice to State Court of Removal, #3 Civil Cover Sheet)(Williams, Abigail) |
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