Fleming et al v. Korde & Associates, P.C. et al
| Selena S. Randolph, NewRez, LLC d/b/a Shellpoint Mortgage Servicing, Qiayra M.c. Randolph and Xzavier A. Randolph Fleming |
| Wilmington Savings Fund Society, FSB, Korde & Associates, P.C., NewRez, LLC d/b/a Shellpoint Mortgage Servicing formerly known as New Penn Financial LLC, Unknown Mortgage Creditor, New Penn Financial LLC and Wilmington Savings Fund Society |
| 1:2020cv00911 |
| August 28, 2020 |
| US District Court for the District of New Hampshire |
| Steven J McAuliffe |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 OBJECTION to #11 Supplemental MOTION to Dismiss for Failure to State a Claim with certificate of service, #12 MOTION to Dismiss for Failure to State a Claim , filed by Xzavier A. Randolph Fleming. Follow up on Reply on 10/28/2020. (lw) |
ENDORSED ORDER denying without prejudice #4 Motion to Dismiss for Failure to State a Claim; denying without prejudice #9 Motion to Dismiss for Failure to State a Claim. Text of Order: In light of plaintiffs' Amended Complaint (10), defendants' Motion to Dismiss (4 and 9) are denied without prejudice. See LR 15.1(c). The court construes the defendants recent Motions (11 and 12) as their responses to the Amended Complaint. See id.; Fed. R. Civ. P. 12, 15(a). So Ordered by Judge Steven J. McAuliffe.(lw)
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| Filing 12 MOTION to Dismiss for Failure to State a Claim filed by NewRez, LLC, Wilmington Savings Fund Society.Follow up on Objection on 10/21/2020. 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 in Support of Supplemental Motion to Dismiss)(Pappas, Thomas) |
| Filing 11 Supplemental MOTION to Dismiss for Failure to State a Claim with certificate of service filed by Korde & Associates, P.C..Follow up on Objection on 10/20/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kish, Tracy) |
| Filing 10 AMENDED COMPLAINT against Korde & Associates, P.C., NewRez, LLC, Wilmington Savings Fund Society, Unknown Mortgage Creditor filed by Xzavier A. Randolph Fleming. (Attachments: #1 Exhibit A, #2 Exhibit B)(lw) |
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ENDORSED ORDER. Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motions to Dismiss (doc. nos. 4 & 9). 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. (lw)
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| Filing 9 MOTION to Dismiss for Failure to State a Claim filed by NewRez, LLC, Wilmington Savings Fund Society.Follow up on Objection on 9/30/2020. 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 in Support of Motion to Dismiss, #2 Exhibit A - Mortgage, #3 Exhibit B - Assignments, #4 Exhibit C - Wilmington Proof of Claim, #5 Exhibit D - February 26, 2020 Order, #6 Exhibit E - April 25, 2017 Order, #7 Exhibit F - November 9, 2018 Order, #8 Exhibit G - May 23, 2019 Order, #9 Exhibit H - May 3, 2019 Complaint to Enjoin Foreclosure, #10 Exhibit I - June 27, 2019 State Court Order, #11 Exhibit J - Quitclaim Deed, #12 Exhibit K - Wilmington's Motion for Relief, #13 Exhibit L - Declaration of Sue Cody, #14 Exhibit M - Randolph Publication Notices)(Pappas, Thomas) |
| Filing 8 NOTICE of Prior Related Case by NewRez, LLC, Wilmington Savings Fund Society.(Pappas, Thomas) |
| Filing 7 Certified Copies of State Court Record. State Court Case No. 219-2020-CV-00245, Strafford County Superior Court(Pappas, Thomas) |
| 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. (mc) |
| Filing 6 Disclosure Statement by Korde & Associates, P.C. disclosing no parent company, no publicly traded company, and no merger agreement. with certificate of service (Kish, Tracy) |
| Filing 5 NOTICE of Attorney Appearance by Tracy A. Kish on behalf of Korde & Associates, P.C. with certificate of service (Kish, Tracy) |
| Filing 4 MOTION to Dismiss for Failure to State a Claim with certificate of service filed by Korde & Associates, P.C.. Attorney Tracy A. Kish added to party Korde & Associates, P.C.(pty:dft).Follow up on Objection on 9/17/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kish, Tracy) |
| Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:20-cv-911-SM. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 3 Disclosure Statement by Wilmington Savings Fund Society, FSB disclosing a parent company, no publicly traded company, and no merger agreement. (Pappas, Thomas) |
| Filing 2 Disclosure Statement by NewRez, LLC disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Pappas, Thomas) |
| Filing 1 NOTICE OF REMOVAL from Strafford, case number 219-2020-CV-00245 (filing fee $400, receipt number ANHDC-2019471) filed by NewRez, LLC, Wilmington Savings Fund Society, FSB. Answer Follow Up on 9/18/2020. 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 9/11/2020. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Mortgage, #3 Exhibit Property Tax Card, #4 Exhibit - Notice of Removal to State Court, #5 Civil Cover Sheet)(Pappas, Thomas) |
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