Wolfbauer v. Ocwen Loan Servicing, LLC et al
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|Date Filed||#||Document Text|
|April 6, 2018
MEMORANDUM AND ORDER - Plaintiff's Motion for Default Judgment (filing no. 9 ) is denied. This action may proceed to service of process only as to Plaintiff's equitable state law claim for wrongful nonjudicial foreclosure based on violatio n of Neb. Rev. Stat. § 76-1008 against Defendant Ocwen. Plaintiff's motions for summons (filing nos. 3 , 7 ) are granted to the extent consistent with this Memorandum and Order. Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 90 days of filing the complaint. However, Plaintiff is granted, on the courts own motion, an extension of time until 90 days from the date of this order to complete service of process. For service of process on Defend ant Ocwen Loan Servicing, LLC, the clerk of the court is directed to complete a summons form3 and USM-285 form for Defendant Ocwen Loan Servicing, LLC, using the address CSC-Lawyers Incorporating Service Company, Suite 1900, 233 South 13th Street, Li ncoln, NE 68508, and forward them together with a copy of the Complaint and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Ocwen Loan Servicing, LLC, personally at CSC-Lawyers Incorporating Ser vice Company, Suite 1900, 233 South 13th Street, Lincoln, NE 68508. Service may also be accomplished by using any of the following methods: residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(h)(1); Neb. R ev. Stat. § 25-509.01 (Reissue 2016). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to set the following case management deadline: July 5, 2018: check for completion of service of process. The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. Plaintiff shall keep the court informed of his current address at all times while this case is pending. Failure to do so may result in dismissal. Pursuant to this Memorandum and Order directing service of process, and at the direction of the court, this case is removed from the pro se docket. The clerk's office shall randomly assign new judges to this case and request a reassignment order from the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
|January 12, 2018
MEMORANDUMAND ORDER granting that the Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) is granted, and the Complaint shall be filed without payment of fees. Plaintiff is advised that the next step in his case will be f or the court to conduct an initial review of his claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Plaintiff's oral re quest for assistance is denied. The clerk's office is directed to call Plaintiff at the phone number provided in Plaintiff's Motion (Filing No. 2 at CM/ECF p.3) and read this order to Plaintiff. The clerk's office shall also mail a copy to Plaintiff in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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