Acord et al v. Open Mortgage
Plaintiff: Nathan Acord and Saibeen Acord
Defendant: Open Mortgage
Case Number: 4:2020cv00050
Filed: June 17, 2020
Court: US District Court for the District of Montana
Presiding Judge: John Johnston
Referring Judge: Brian Morris
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2020 Filing 25 PRELIMINARY PRETRIAL STATEMENT by Open Mortgage. (Johnson, Steven)
August 6, 2020 Filing 24 PRELIMINARY PRETRIAL STATEMENT by Open Mortgage. (Johnson, Steven)
August 6, 2020 Filing 23 PRELIMINARY PRETRIAL STATEMENT by Nathan Acord, Saibeen Acord. (Farris-Olsen, Robert)
August 5, 2020 Filing 22 STATEMENT OF STIPULATED FACTS by Nathan Acord, Saibeen Acord. (Farris-Olsen, Robert)
August 4, 2020 Filing 21 JOINT DISCOVERY PLAN by Open Mortgage. (Johnson, Steven)
August 4, 2020 Opinion or Order Filing 20 ORDER; Before the Court is Defendants Unopposed Motion for Extension to File Reply Brief in Support of Defendants Motion to Dismiss. The Court has considered the Motion and the pleadings and papers on file and determined that there is good cause to grant the relief requested. The Court HEREBY ORDERS that the Motion is GRANTED and the Court approves the request for extension of time. Defendants shall have until August 18, 2020 to file their reply brief in support of their Motion to Dismiss. Signed by Magistrate Judge John Johnston on 8/4/2020. (TLO)
August 4, 2020 Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Steven M. Johnson appearing for Defendant Open Mortgage Motions referred to John Johnston. (Attachments: #1 Text of Proposed Order) (Johnson, Steven)
July 29, 2020 Opinion or Order Filing 18 TEXT ORDER Setting Hearing on Motion #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 9/22/2020 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 7/29/2020. (SLL)
July 28, 2020 Filing 17 RESPONSE to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nathan Acord, Saibeen Acord. (Farris-Olsen, Robert)
July 28, 2020 Opinion or Order Filing 16 ORDER: IT IS ORDERED that the Court will take Judicial Notice, pursuant to Fed. R. Evid. 201, of Defendant Open Mortgage, LLC's, licenses or registrations on the Nationwide Multistate Licensing System and Registry (NMLS) website at ECF Doc. 15-1, pp. 3-6. Signed by Judge Brian Morris on 7/28/2020. (SLR)
July 28, 2020 Filing 15 Brief/Memorandum in Support re #14 Unopposed MOTION Unopposed Motion for Judicial Notice filed by Nathan Acord, Saibeen Acord. (Attachments: #1 EXHIBIT A) (Farris-Olsen, Robert)
July 28, 2020 Filing 14 Unopposed MOTION Unopposed Motion for Judicial Notice Robert Farris-Olsen appearing for Plaintiffs Nathan Acord, Saibeen Acord Motions referred to John Johnston. (Farris-Olsen, Robert)
July 2, 2020 Remark: Original State Court documents from Montana Eighth Judicial District Court, Cascade County, placed in brown expando on back shelf in Clerk's Office. (ACC)
July 1, 2020 Opinion or Order Filing 13 PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 8/6/2020. Joint Discovery Plan due by 8/6/2020. Statement of Stipulated Facts due by 8/6/2020. Telephonic Pretrial Conference set for 8/12/2020 at 02:00 PM in Great Falls, MT before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 7/1/2020. (SLR)
July 1, 2020 Opinion or Order Filing 12 ORDER: IT IS HEREBY ORDERED that Plaintiffs' response brief to Defendant's #5 Motion to Dismiss shall be filed on or before July 28, 2020. Signed by Magistrate Judge John Johnston on 7/1/2020. (SLR)
July 1, 2020 Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM David K.W. Wilson, Jr appearing for Plaintiffs Nathan Acord, Saibeen Acord Motions referred to John Johnston. (Attachments: #1 Text of Proposed Order) (Wilson, David)
June 29, 2020 Opinion or Order Filing 10 Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Honorable Brian Morris. The case remains REFERRED to the Honorable Honorable John Johnston. Signed by Judge Brian Morris on 6/29/2020. (ACC)
June 29, 2020 Filing 9 FIRST AMENDED COMPLAINT and DEMAND FOR JURY TRIAL against Open Mortgage, filed by Saibeen Acord, Nathan Acord. (ACC)
June 29, 2020 Filing 8 COMPLAINT and DEMAND FOR JURY TRIAL (State Court) against Open Mortgage, filed by Saibeen Acord, Nathan Acord. (ACC)
June 29, 2020 Filing 7 NOTICE re #1 Notice of Removal from Montana Eighth Judicial District Court, Cascade County, consisting of: (Attachments: #1 State Court Docket Sheet, #2 Notice of Filing Amended Complaint, #3 Unserved Summons Return - Open Mortgage, #4 Summons Return - Experian Information Solutions, #5 Notice of Dismissal without Prejudice (Experian, TransUnion, Equifax), #6 Summons Return - Equifax Information Services, LLC, #7 Summons Return - Transunion, LLC, #8 Summons Return - Open Mortgage, LLC, #9 Notice of Removal, #10 Notice (Removal Fee), #11 Issued Amended Summons - Open Mortgage, #12 Issued Summonses) (ACC)
June 25, 2020 Filing 6 Brief/Memorandum in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Open Mortgage. (Johnson, Steven)
June 25, 2020 Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Steven M. Johnson appearing for Defendant Open Mortgage Motions referred to John Johnston. (Johnson, Steven)
June 22, 2020 Remark: Grant Kelly is now a registered CM/ECF electronic user. (SLR)
June 17, 2020 Filing 4 Mailing of Consent - Honorable John Johnston as Presiding Judge. Electronically mailed to counsel David K.W. Wilson, Jr, Robert Farris-Olsen, Steven M. Johnson. Mailed via USPS to Grant R. Kelly. Consent/Objection to USMJ Form due by 7/6/2020. (ACC)
June 17, 2020 Filing 3 Letter from Tyler P. Gilman, Clerk of Court, to Counsel Grant Kelly re CM/ECF registration. Letter mailed to Counsel Kelly. (ACC)
June 17, 2020 Filing 2 Corporate Disclosure Statement by Open Mortgage. (Johnson, Steven)
June 17, 2020 Filing 1 NOTICE OF REMOVAL from MT Eighth Judicial District Court, Cascade County, case number CDV-20-0263. (Attachments: #1 State Court documents, #2 Civil Cover Sheet) (ACC)
June 17, 2020 Filing fee: $ 400.00, receipt number 0977-2496698 (ACC)

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Plaintiff: Nathan Acord
Represented By: Robert Farris-Olsen
Represented By: David K.W. Wilson, Jr.
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Plaintiff: Saibeen Acord
Represented By: Robert Farris-Olsen
Represented By: David K.W. Wilson, Jr.
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Defendant: Open Mortgage
Represented By: Steven M. Johnson
Represented By: Grant R. Kelly
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