Carideo et al v. PennyMac Loan Services, LLC
Plaintiff: Robert Carideo and Debra Carideo
Defendant: PennyMac Loan Servicing, LLC, Patrick Joseph Soria, West H&A, LLC and Francis Rubio
Case Number: 1:2018cv00911
Filed: October 5, 2018
Court: US District Court for the District of New Hampshire
Presiding Judge: Steven J McAuliffe
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2018 Opinion or Order ENDORSED ORDER. Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motion to Dismiss for Failure to State a Claim (doc. no. 12). Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Magistrate Judge Andrea K. Johnstone. (lml)
November 29, 2018 Filing 13 OBJECTION to #12 MOTION to Dismiss for Failure to State a Claim filed by Debra Carideo, Robert Carideo. Follow up on Reply on 12/6/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Skinner, John)
November 15, 2018 Filing 12 MOTION to Dismiss for Failure to State a Claim filed by PennyMac Loan Servicing, LLC. Follow up on Objection on 11/29/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit Mortgage, #3 Exhibit Assignment of Mortgage, #4 Exhibit Foreclosure Deed & Affidavit, #5 Exhibit Appraisal, #6 Email Settlement Communication)(Polansky, Kevin) Modified on 11/16/2018 to remove "civil cover sheet" text from exh 6 (lml).
November 9, 2018 Opinion or Order ENDORSED ORDER #11 Notice of Withdrawal of #7 Emergency MOTION for Temporary Restraining Order Defendant's Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction and for Sanctions. Text of Order: Reviewed. So Ordered by Magistrate Judge Andrea K. Johnstone.(lml)
November 8, 2018 Filing 11 Notice of Withdrawal of Motion: #7 Emergency MOTION for Temporary Restraining Order Defendant's Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction and for Sanctions.(Polansky, Kevin)
November 2, 2018 Opinion or Order ENDORSED ORDER re: #2 Motion to Dismiss for Failure to State a Claim. Text of Order: Denied without prejudice. Defendants shall respond to the amended complaint as may be appropriate under Fed. R. Civ. P. 12, within the time allowed under Fed. R. Civ. P. 15(a). So Ordered by Judge Steven J. McAuliffe. (lml)
November 2, 2018 Filing 10 Summonses issued electronically as to Francis Rubio, Patrick Joseph Soria, West H&A, LLC. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (lml)
November 1, 2018 Filing 9 AMENDED COMPLAINT against PennyMac Loan Servicing, LLC, West H&A, LLC, Patrick Joseph Soria, Francis Rubio with jury demand filed by Robert Carideo, Debra Carideo. (Attachments: #1 Exhibit A-Westwood Legal, #2 Exhibit B-PennyMac Willing to Review for Mod, #3 Exhibit C- Note & MTG Assigned to West, #4 Exhibit D- Mod Timely Submitted, #5 Exhibit E- Auctioneer WebSite, #6 Summons - Waiver West, #7 Summons - Waiver Patrick Joseph Soria, #8 Summons - Waiver Francis Rubio)(Skinner, John)
October 26, 2018 Opinion or Order ORAL ORDER denying as moot #7 Motion for Temporary Restraining Order. So Ordered by Magistrate Judge Andrea K. Johnstone. (lml)
October 26, 2018 Minute Entry for proceedings held before Magistrate Judge Andrea K. Johnstone. TELEPHONE CONFERENCE held on 10/26/2018. During the conference, plaintiffs' counsel agreed to 1) cancel the scheduled open house; 2) discontinue the MLS listing for the subject property; and 3) cease marketing the property for sale. Defendant's motion for temporary restraining order (7) is therefore denied as moot. Defense counsel shall notify the court within 10 days if he believes there is a basis to proceed with a hearing on his request for preliminary injunctive relief. (Court Reporter: Liza Dubois) (Pltfs Atty: John Skinner) (Defts Atty: Kevin Polansky)(Total Hearing Time: 30 min) (lml)
October 26, 2018 Filing 8 OBJECTION to #7 Emergency MOTION for Temporary Restraining Order Defendant's Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction and for Sanctions filed by Debra Carideo, Robert Carideo. Follow up on Reply on 11/2/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Email to Defense Counsel, #2 Exhibit EMail PennyMac WILL Review for Mod)(Skinner, John)
October 26, 2018 Filing 7 Motion Withdrawn - See #11 Notice. Emergency MOTION for Temporary Restraining Order Defendant's Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction and for Sanctions filed by PennyMac Loan Servicing, LLC. Follow up on Objection on 11/9/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Affidavit of Counsel, #2 Proposed Order)(Polansky, Kevin) Modified on 11/9/2018 to add withdrawn text (lml).
October 24, 2018 Filing 6 OBJECTION to #2 MOTION to Dismiss for Failure to State a Claim filed by Debra Carideo, Robert Carideo. Follow up on Reply on 10/31/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Skinner, John)
October 23, 2018 Filing 5 Disclosure Statement by PennyMac Loan Servicing, LLC disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Polansky, Kevin)
October 15, 2018 Filing 4 Certified Copies of State Court Record. State Court Case No. 226-2018-CV-00438, Hillsborough County Superior Court(Polansky, Kevin)
October 12, 2018 Opinion or Order ENDORSED ORDER: Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motion to Dismiss (doc. no. 2). Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Magistrate Judge Andrea K. Johnstone. (lml)
October 11, 2018 Filing 3 NOTICE of Attorney Appearance by John F. Skinner, III on behalf of Debra Carideo, Robert Carideo Attorney John F. Skinner, III added to party Debra Carideo(pty:pla), Attorney John F. Skinner, III added to party Robert Carideo(pty:pla).(Skinner, John)
October 11, 2018 Filing 2 MOTION to Dismiss for Failure to State a Claim filed by PennyMac Loan Servicing, LLC. Follow up on Objection on 10/25/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit Mortgage, #3 Exhibit Assignment of Mortgage, #4 Exhibit Foreclosure Deed, #5 Exhibit Appraisal)(Polansky, Kevin)
October 9, 2018 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(lml)
October 5, 2018 Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:18-cv-911-SM. Please show this number with the judge designation on all future pleadings. (lml)
October 5, 2018 Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough County Superior Court - South, case number 226-2018-CV-00438 (filing fee $400, receipt number 0102-1717770) filed by PennyMac Loan Services, LLC. Answer Follow Up on 10/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 10/19/2018. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Notice of Notice of Removal, #3 Exhibit Appraisal, #4 Exhibit Foreclosure Deed, #5 Civil Cover Sheet)(Polansky, Kevin)

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Plaintiff: Robert Carideo
Represented By: Michael Joseph Reed
Represented By: John F. Skinner, III
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Plaintiff: Debra Carideo
Represented By: Michael Joseph Reed
Represented By: John F. Skinner, III
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Defendant: PennyMac Loan Servicing, LLC
Represented By: Kevin P. Polansky
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Defendant: Patrick Joseph Soria
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Defendant: West H&A, LLC
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Defendant: Francis Rubio
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