William D. McCann vs Quality Loan Services Corporation, et al
| William D. McCann |
| DEUTSCHE BANK TRUST COMPANY AMERICAS, New Residential Investment Corporation, U.S. Bank Trust NA, 2005QA1, Shellpoint Partners, LLC, NRZ pass through trust VII, Inku Nam, Shellpoint Mortgage Servicing, OCWEN Loan Servicing, Inc., Gagan Sharma, Residential Accredit Loans, Inc., Quality Loan Serivce Corp, Servis One, Inc., BSI Financial Services, Chalet Series III Trust and Nationstar Mortgage LLC |
| 3:2019cv00573 |
| September 13, 2019 |
| US District Court for the District of Nevada |
| William G Cobb |
| Robert C Jones |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on July 8, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 REQUEST for Judicial Notice re #50 Response by Plaintiff William D. McCann. (Townsend, Justin) |
| Filing 50 RESPONSE to #33 Motion to Dismiss by Plaintiff William D. McCann. Replies due by 11/15/2019. (Townsend, Justin) |
| Filing 49 NOTICE PLAINTIFF'S OBJECTIONS TO OCWEN'S REQUEST FOR JUDICIAL NOTICE EXHIBITS 1 - 4 by William D. McCann. (Townsend, Justin) |
| Filing 48 NOTICE PLAINTIFF'S OBJECTIONS TO OCWEN'S REQUEST FOR JUDICIAL NOTICE EXHIBITS 1 - 4 by William D. McCann. (Townsend, Justin) |
| Filing 47 REQUEST for Judicial Notice re #46 Motion to Remand to State Court by Plaintiff William D. McCann. (Townsend, Justin) |
| Filing 46 Amended MOTION to Remand to State Court by Plaintiff William D. McCann. Responses due by 11/19/2019. (Townsend, Justin) |
| Filing 45 JOINDER to #42 Motion to Dismiss by Defendant Quality Loan Serivce Corp. (Gale, Shane) |
| Filing 44 Amended STATUS REPORT Amended Joint Status Report Case by Defendant Quality Loan Serivce Corp. (Gale, Shane) |
| Filing 43 JOINDER to #33 Motion to Dismiss by Defendants Chalet Series III Trust, NRZ pass through trust VII, New Residential Investment Corporation, Servis One, Inc., Gagan Sharma. (Schmidt, Allison) |
| Filing 42 MOTION to Dismiss #1 Petition for Removal,, by Defendants Chalet Series III Trust, NRZ pass through trust VII, New Residential Investment Corporation, Servis One, Inc., Gagan Sharma. Responses due by 11/19/2019. (Schmidt, Allison) |
| Filing 41 CERTIFICATE of Interested Parties by Quality Loan Serivce Corp. There are no known interested parties other than those participating in the case (Gale, Shane) |
| Filing 40 CERTIFICATE of Interested Parties by William D. McCann. There are no known interested parties other than those participating in the case (Townsend, Justin) |
| Filing 39 JOINDER to #33 Motion to Dismiss by Defendant Quality Loan Serivce Corp. (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Assignment of Mortgage, #3 Exhibit AOM, #4 Exhibit Breach Letter, #5 Exhibit Rescission of Dec of Default, #6 Exhibit Substitution of Trustee) (Gale, Shane) |
| Filing 38 JOINDER to #7 Motion to Remand to State Court by Defendant Quality Loan Serivce Corp. (Gale, Shane) |
| Filing 37 RESPONSE to #7 Motion to Remand to State Court by Defendants Chalet Series III Trust, NRZ pass through trust VII, New Residential Investment Corporation, Servis One, Inc., Gagan Sharma. Replies due by 11/4/2019. (Attachments: #1 Exhibit a, #2 Exhibit b, #3 Exhibit c, #4 Exhibit d) (Schmidt, Allison) |
| Filing 36 NOTICE of Settlement by Nationstar Mortgage LLC. (Wittig, Donna) |
| Filing 35 CERTIFICATE of Interested Parties by OCWEN Loan Servicing, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Ocwen Financial Corporation, Other Affiliate PHH Mortgage Corporation for OCWEN Loan Servicing, Inc. added. (Allison, Jeffrey) |
| Filing 34 REQUEST for Judicial Notice re #33 Motion to Dismiss by Defendant OCWEN Loan Servicing, Inc.. (Attachments: #1 Exhibit 1 - Notice of Breach of Default, #2 Exhibit 2 - Notice of Rescission of Notice of Default, #3 Exhibit 3 - Assignment of Deed of Trust, #4 Exhibit 4 - Request for Notice) (Allison, Jeffrey) |
| Filing 33 MOTION to Dismiss by Defendant OCWEN Loan Servicing, Inc.. Responses due by 11/11/2019. (Allison, Jeffrey) |
| Filing 32 NOTICE of Consent to Removal to Federal Court by Nationstar Mortgage LLC d/b/a Mr. Cooper by Nationstar Mortgage, LLC re 1 Petition for Removal. (Wittig, Donna) (Refiled by Clerk herein pursuant to ECF No. #29 . See ECF No. #29 ) (DRM) |
| Filing 31 NOTICE of Consent to Removal of Action by Chalet Series III Trust, NRZ Pass Through Trust VII, New Residential Investment Corporation, Servis One, Inc., Gagne Sharma re 1 Petition for Removal. (Schmidt, Allison) (Refiled by Clerk herein pursuant to ECF No. #29 . See ECF No. #29 ) (DRM) |
| Filing 30 NOTICE of Consent to Removals of Action by Ocwen Loan Service, LLC. (Allison, Jeffrey).(Refiled by Clerk herein pursuant to ECF No. #29 . See ECF No. #29 ) (DRM) |
Filing 29
ORDERED that Case No. 3:19-CV-00584-RCJ-WGC is CONSOLIDATED with Case No. 3:19-CV-00573-RCJ-WGC. All future pleadings shall be filed in the present Lead Case No. 3:19-CV-00573-RCJ-WGC. Case No. 3:19-CV-00584-RCJ-WGC: ORDERED that Defendant's Motion to Dismiss (ECF No. 6) and Plaintiff's Motion to Remand (ECF No. 20) in Case No. 3:19-CV-00584-RCJ-WGC are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Stipulations for Extension of Time (ECF Nos. 33 and 35) and the Motion to Strike (ECF No. 14) are DENIED AS MOOT. IT IS FURTHER ORDERED that the Clerk of Court will refile ECF Nos. 22, 23, and 25 in Case No. 3:19-CV-00573-RCJ- WGC. IT IS FURTHER ORDERED that the Clerk of the Court shall close this case. Case No. 3:19-CV-00573-RCJ-WGC: ORDERED that consolidated Defendants shall file a responsive pleading to Plaintiff's Complaint (ECF No. #1 ) on or before November 8, 2019. IT IS FURTHER ORDERED that Plaintiff may file an amended motion to remand on or before November 8, 2019. Defendant shall file a response to Plaintiffs amended motion to remand or Plaintiffs Motion to Remand (ECF No. #7 ) no later than November 22, 2019. IT IS FURTHER ORDERED that the parties shall file an Amended Joint Status Report no later than November 4, 2019. IT IS FURTHER ORDERED that the parties shall file an Amended Certificate of Interested Parties no later than November 4, 2019. Signed by Judge Robert C. Jones on 10/28/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 28
ORDER approving ECF No. #27 Stipulation re ECF No. #7 Motion to Remand to State Court. Responses due by 10/28/2019. Signed by Judge Robert C. Jones on 10/25/2019. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 27 FIRST STIPULATION FOR EXTENSION OF TIME re: #7 MOTION to Remand; filed by Defendants Chalet Series III Trust, Servis One, Inc., Gagan Sharma. (Schmidt, Allison) Document not filed pursuant to LR IC 2-2(d) by attorney Allison R. Schmidt. Court corrected entry on 10/22/2019 (RFJ). |
| Filing 26 Joint STATUS REPORT re: Removal; filed by Defendants Chalet Series III Trust, Servis One, Inc., Gagan Sharma. (Schmidt, Allison) |
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Filing 25
ORDER granting ECF No. #15 Stipulation : The clerk's entry of default entered against Nationstar on September 13, 2019, in 9th Judicial District Court Case No. 19-cv-0246, shall be set aside; and Nationstar shall respond to the complaint by November 4, 2019. Signed by Magistrate Judge William G. Cobb on 10/16/2019. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 24 NOTICE OF RELATED CASES 3:19-cv-00584-RCJ-WGC by Defendant Quality Loan Serivce Corp. (Gale, Shane) |
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Filing 23
ORDER granting ECF No. #17 Motion to Remove Attorney Jane Luciano from Electronic Service List. Signed by Magistrate Judge William G. Cobb on 10/11/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing 22
ORDER granting ECF No. #20 Stipulation re ECF No. #1 Petition. Nationstar's answer/response due by 11/4/2019. Signed by Judge Robert C. Jones on 10/10/2019. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 21 CLERK'S NOTICE - Counsel shall comply with Local Rule 42-1(a): A party who has reason to believe that an action on file or about to be filed is related to another action on file (whether active or terminated) must file in each action and serve on all parties in each action a notice of related cases. (no image attached) (LG) |
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Filing 20
STIPULATION and Order to Set Aside Defaults by Defendants Chalet Series III Trust, NRZ pass through trust VII, Servis One, Inc., Gagan Sharma. (Schmidt, Allison)
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| Filing 19 CLERK'S NOTICE - plaintiff is advised that under Local Rule IA 11-6(a) plaintiff is represented by counsel. Pro se status is removed. (LG) |
| Filing 18 NOTICE of Consent to Removal to Federal Court by Nationstar Mortgage LLC d/b/a Mr. Cooper by Nationstar Mortgage LLC re #1 Petition for Removal,,. (Wittig, Donna) |
| Filing 17 First MOTION to remove attorney Jane Luciano, Esq. from the Electronic Service List in this case by Plaintiff William D. McCann. (McCann, William) |
| Filing 16 NOTICE of Consent to Removal of Action by NRZ pass through trust VII, New Residential Investment Corporation re #1 Petition for Removal,,. (Schmidt, Allison) |
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Filing 15
STIPULATION and Order Setting Aside Clerk's Default by Defendant Nationstar Mortgage LLC. (Wittig, Donna)
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| Filing 14 NOTICE of Consent to Removals of Action by OCWEN Loan Servicing, Inc.. (Allison, Jeffrey) |
| Filing 13 NOTICE: Attorney Action Required to #10 Letter. Attorney Jane Luciano is advised when requesting an action from the Court to style the request in the form of a motion. See Federal Rules of Civil Procedure 7. Attorney Jane Luciano is advised to file a Motion requesting to be removed as counsel of record and link to #10 Letter. (no image attached) (LE) |
| Filing 12 NOTICE by Quality Loan Serivce Corp. (Gale, Shane) |
| Filing 11 CERTIFICATE of Interested Parties by Quality Loan Serivce Corp. There are no known interested parties other than those participating in the case (Gale, Shane) |
| Filing 9 CERTIFICATE of Interested Parties by William D. McCann. There are no known interested parties other than those participating in the case (Townsend, Justin) |
| Filing 8 REQUEST for Judicial Notice re #7 Motion to Remand to State Court by Plaintiff William D. McCann. (Townsend, Justin) Modified on 10/30/2019 McCann is the plaintiff. (WJ). |
| Filing 7 MOTION to Remand to State Court by Plaintiff William D. McCann. Responses due by 10/22/2019. (Townsend, Justin) Modified on 10/30/2019 change entry to reflect that McCann is the Plaintiff and not a defendant who filed the motion. (WJ). |
| Filing 6 NOTICE of Association of Counsel by Justin M Townsend on behalf of Defendant William D. McCann. (Townsend, Justin) |
| Filing 10 LETTER to Clerk from Jane Luciano, Esq. re appearance in Federal Court. (Attachments: #1 Copy sent to CRD) (DRM) |
| Filing 5 STATEMENT REGARDING REMOVAL by Defendants Chalet Series III Trust, Servis One, Inc., Gagan Sharma. (Schmidt, Allison) |
| Filing 4 CERTIFICATE of Interested Parties by Chalet Series III Trust, Servis One, Inc., Gagan Sharma. There are no known interested parties other than those participating in the case (Schmidt, Allison) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones on 9/16/2019. Statement regarding removed action is due by 10/1/2019. Joint Status Report regarding removed action is due by 10/16/2019. (Copies have been distributed pursuant to the NEF - DRM) |
| Filing 2 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Jane Luciano to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 10/31/2019. (no image attached) (WJ) |
| Case randomly assigned to District Judge Robert C. Jones and Magistrate Judge William G. Cobb. (WJ) |
| Filing 1 PETITION FOR REMOVAL from Douglas County District Court, Case Number 19-cv-0246, (Filing fee $ 400 receipt number 0978-5702201) by Servis One, Inc., Gagan Sharma, Chalet Series III Trust, BSI Financial Services. Proof of service due by 11/21/2019. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Schmidt, Allison) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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