FRANCESE v. AMERICAN MODERN INSURANCE GROUP, INC. et al
Plaintiff: FRANCESE and LUIGI FRANCESE
Defendant: AMERICAN MORTGAGE INSURANCE GROUP, INC, SOUTHWEST BUSINESS CORPORATION, AMERICAN MORTGAGE INSURANCE GROUP, INC., AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN SECURITY INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC., RESIDENTIAL CREDIT SOLUTIONS, INC. and SPECIALIZED LOAN SERVICING LLC
Case Number: 2:2017cv02246
Filed: April 4, 2017
Court: US District Court for the District of New Jersey
Office: Newark Office
County: Bergen
Presiding Judge: Mark Falk
Referring Judge: William J Martini
Nature of Suit: Insurance
Cause of Action: 28:1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2019 Opinion or Order Filing 120 ORDER granting #97 Motion to Dismiss; granting #99 Motion to Dismiss; granting #100 Motion to Dismiss; granting #101 Motion to Dismiss; granting #102 Motion to Dismiss; Plaintiff's Second Amended Complaint is dismissed in its entirety with prejudice. Signed by Judge William J. Martini on 4/16/19. (gh, )
April 16, 2019 Filing 119 OPINION. Signed by Judge William J. Martini on 4/16/19. (gh, )
March 8, 2019 Filing 118 REPLY BRIEF to Opposition to Motion filed by SOUTHWEST BUSINESS CORPORATION re #102 MOTION to Dismiss Plaintiff's Second Amended Complaint (MANNING, DIANA)
March 8, 2019 Filing 117 BRIEF in Support filed by SPECIALIZED LOAN SERVICING LLC re #100 MOTION to Dismiss Second Amended Complaint (Attachments: #1 Certificate of Service)(MATTHEWS, VICTOR)
March 8, 2019 Filing 116 NOTICE of Change of Address by KATHERINE LEIGH VILLANUEVA (VILLANUEVA, KATHERINE)
March 8, 2019 Filing 115 REPLY to Response to Motion filed by AMERICAN SECURITY INSURANCE COMPANY re #99 MOTION to Dismiss the Second Amended Class Action Complaint (VILLANUEVA, KATHERINE)
March 8, 2019 Filing 114 REPLY BRIEF to Opposition to Motion filed by RESIDENTIAL CREDIT SOLUTIONS, INC. re #101 First MOTION to Dismiss Plaintiff's Second Amended Complaint (HALASZ, PAUL)
March 6, 2019 Filing 113 MEMORANDUM in Support filed by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. re #97 MOTION to Dismiss Plaintiff's Second Amended Complaint (SCHILDT, STEVEN)
March 4, 2019 Filing 112 NOTICE of Appearance by KATHERINE LEIGH VILLANUEVA on behalf of AMERICAN SECURITY INSURANCE COMPANY (VILLANUEVA, KATHERINE)
February 26, 2019 Opinion or Order Filing 111 TEXT ORDER: The Court is in receipt of the parties' joint stipulation extending all Defendants' deadline to file reply briefs on or before March 15, 2019, ECF No. 110, to their pending Motions to Dismiss Plaintiff's Second Amended Complaint, ECF Nos. 97, 99, 100, and 101, filed on November 30, 2018, and ECF No. 102, filed on December 14, 2018. The Court previously granted one 14-day extension to file replies on or before March 1, 2019. ECF No. 109. Upon consideration, the second extension request is GRANTED IN PART AND DENIED IN PART. On or before March 8, 2019, Defendants may file reply briefs which should be no longer than necessary and cannot exceed 15 pages, excluding pages required for the table of contents and authorities. L. Civ. R. 7.2(b). The motion shall be returnable on March 18, 2019. So Ordered by Judge William J. Martini on 2/26/19. (gh, )
February 22, 2019 Filing 110 STIPULATION Extending Defendants' Deadline to File Reply by AMERICAN SECURITY INSURANCE COMPANY. (DIUBALDO, ROBERT)
February 12, 2019 Opinion or Order Filing 109 JOINT STIPULATION AND ORDER extending all Defendants deadlines to file their Reply Briefs on or before March 1, 2019. Signed by Judge William J. Martini on 2/8/19. (gh, )
February 6, 2019 Filing 108 STIPULATION to Extend all Defendants' Time to File Reply Briefs in Connection with Motions to Dismiss the Second Amended Complaint by RESIDENTIAL CREDIT SOLUTIONS, INC.. (FITZPATRICK, MICHAEL)
January 25, 2019 Filing 107 BRIEF in Opposition filed by LUIGI FRANCESE re #101 First MOTION to Dismiss Plaintiff's Second Amended Complaint, #100 MOTION to Dismiss Second Amended Complaint, #97 MOTION to Dismiss Plaintiff's Second Amended Complaint, #99 MOTION to Dismiss the Second Amended Class Action Complaint, #102 MOTION to Dismiss (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT)
January 22, 2019 Opinion or Order Filing 106 ORDER granting Plaintiff's request to file an 80 page brief in response to the Defendants pending motions. Signed by Judge William J. Martini on 1/22/19. (gh, )
January 18, 2019 Filing 105 APPLICATION/PETITION for Permission to File Overlong Brief for by LUIGI FRANCESE. (Attachments: #1 Text of Proposed Order)(NESMITH, ROOSEVELT)
December 28, 2018 Set/Reset Deadlines as to #101 First MOTION to Dismiss Plaintiff's Second Amended Complaint, #97 MOTION to Dismiss Plaintiff's Second Amended Complaint, #100 MOTION to Dismiss Second Amended Complaint, #102 MOTION to Dismiss , #99 MOTION to Dismiss the Second Amended Class Action Complaint. Motion set for 3/4/2019 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. (gh, )
December 27, 2018 Opinion or Order Filing 104 JOINT STIPULATION AND ORDER extending briefing: Plaintiff shall file any opposition to the motions to dismiss the Second Amended Complaint by 1/25/19; replies shall be filed on or before 2/15/19; return date to be determined. Signed by Judge William J. Martini on 12/27/18. (gh, )
December 21, 2018 Filing 103 STIPULATION of Parties to Extend Briefing on Defendants' Motions to Dismiss Second Amended Complaint by LUIGI FRANCESE. (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT)
December 20, 2018 Set Deadlines as to #102 MOTION to Dismiss . Motion set for 1/22/2019 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dam, )
December 14, 2018 Filing 102 MOTION to Dismiss by SOUTHWEST BUSINESS CORPORATION. Responses due by 1/11/2019 (Attachments: #1 Brief In Support of Motion To Dismiss, #2 Text of Proposed Order, #3 Certificate of Service)(MANNING, DIANA)
December 3, 2018 Set Deadlines as to #101 First MOTION to Dismiss Plaintiff's Second Amended Complaint, #97 MOTION to Dismiss Plaintiff's Second Amended Complaint, #100 MOTION to Dismiss Second Amended Complaint, #99 MOTION to Dismiss the Second Amended Class Action Complaint. Motions are set for 1/7/2019 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (gl, )
November 30, 2018 Filing 101 First MOTION to Dismiss Plaintiff's Second Amended Complaint by RESIDENTIAL CREDIT SOLUTIONS, INC.. Responses due by 1/8/2019 (Attachments: #1 Brief, #2 Certification Ftizpatrick Certification iso MTD, #3 Exhibit Fitz. Cert. Ex. 1 - Order granting MTD, #4 Exhibit Fitz. Cert. Ex. 2 - Order Granting Plaintiff's Motion to Amend, #5 Exhibit Fitz. Cert. Ex. 3 - Filed Second Amended Complaint, #6 Exhibit Fitz. Cert. Ex. 4 Part 1 - Pyka Decl. and Exhibits, #7 Exhibit Fitz. Cert. Ex. 4 Part 2 - Pyka Decl. and Exhibits, #8 Exhibit Fitz. Cert. Ex. 4 Part 3 - Pyka Decl. and Exhibits, #9 Exhibit Fitz. Cert. Ex. 4 Part 4 - Pyka Decl. and Exhibits, #10 Exhibit Fitz. Cert. Ex. 5 - Deller Decl. & Ex. D Excerpt, #11 Text of Proposed Order)(HALASZ, PAUL)
November 30, 2018 Filing 100 MOTION to Dismiss Second Amended Complaint by SPECIALIZED LOAN SERVICING LLC. Responses due by 12/26/2018 (Attachments: #1 Brief, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order, #6 Certificate of Service)(MATTHEWS, VICTOR)
November 30, 2018 Filing 99 MOTION to Dismiss the Second Amended Class Action Complaint by AMERICAN SECURITY INSURANCE COMPANY. (Attachments: #1 Declaration of Ronald Wilson, #2 Exhibit 1 - SLS Letter dated January 19, 2016, #3 Exhibit 2 - SLS Letter dated February 22, 2016, #4 Exhibit 3 - SLS Letter dated April 1, 2016, #5 Exhibit 4 - SLS Letter dated October 24, 2016, #6 Exhibit 5 - SLS Letter dated November 10, 2016, #7 Exhibit 6 - SLS Letter dated January 12, 2017, #8 Exhibit 7 - SLS Letter dated November 10, 2017, #9 Exhibit 8 - SLS Letter dated January 10, 2018, #10 Brief in Support of Motion to Dismiss the Second Amended Class Action Complaint, #11 Text of Proposed Order)(DIUBALDO, ROBERT)
November 30, 2018 Clerk`s Text Order - The document #95 Application for Clerk's Order to Ext Answer/Proposed Order submitted by SOUTHWEST BUSINESS CORPORATION has been GRANTED. The answer due date has been set for 12/14/2018. (ld, )
November 30, 2018 Filing 98 BRIEF in Support filed by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. re #97 MOTION to Dismiss Plaintiff's Second Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit C, #6 Exhibit D, #7 Exhibit D-1, #8 Exhibit D-2)(BRENNER, JEFFREY)
November 30, 2018 Filing 97 MOTION to Dismiss Plaintiff's Second Amended Complaint by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (Attachments: #1 Text of Proposed Order)(BRENNER, JEFFREY)
November 29, 2018 Filing 96 NOTICE of Appearance by BENJAMIN JAMES DILORENZO on behalf of SOUTHWEST BUSINESS CORPORATION (DILORENZO, BENJAMIN)
November 29, 2018 Filing 95 Application and Proposed Order for Clerk's Order to extend time to answer as to Southwest Business Corporation.. (MANNING, DIANA)
November 29, 2018 Filing 94 NOTICE of Appearance by DIANA C. MANNING on behalf of SOUTHWEST BUSINESS CORPORATION (MANNING, DIANA)
November 28, 2018 Filing 93 NOTICE of Appearance by PAUL J. HALASZ on behalf of RESIDENTIAL CREDIT SOLUTIONS, INC. (HALASZ, PAUL)
November 5, 2018 Pro Hac Vice counsel, RODGER L. ECKELBERRY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (cm, )
November 5, 2018 Pro Hac Vice counsel, MARK A. JOHNSON, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (cm, )
October 24, 2018 Filing 92 Notice of Request by Pro Hac Vice Rodger L. Eckelberry to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9120393.) (BRENNER, JEFFREY)
October 24, 2018 Filing 91 Notice of Request by Pro Hac Vice Mark A. Johnson to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9120369.) (BRENNER, JEFFREY)
October 12, 2018 Opinion or Order Filing 90 ORDER granting #89 Motion for Leave to Appear Pro Hac Vice as to Mark A. Johnson, Esq., and Rodger L. Eckelberry, Esq., etc. Signed by Magistrate Judge Mark Falk on 10/12/18. (cm, )
October 11, 2018 Filing 89 MOTION for Leave to Appear Pro Hac Vice of Mark A. Johnson and Rodger L. Eckelberry by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (Attachments: #1 Text of Proposed Order)(BRENNER, JEFFREY)
October 11, 2018 Filing 88 DECLARATION of Jeffrey M. Brenner in Support of Motion for Admission Pro Hac Vice by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (BRENNER, JEFFREY)
October 11, 2018 Filing 87 DECLARATION of Rodger L. Eckelberry in Support of Motion for Admission Pro Hac Vice by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (BRENNER, JEFFREY)
October 11, 2018 Filing 86 DECLARATION of Mark A. Johnson in Support of Motion for Admission Pro Hac Vice by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (BRENNER, JEFFREY)
October 10, 2018 Opinion or Order Filing 85 JOINT STIPULATION AND ORDER BETWEEN PLAINTIFF, AMERICAN MODERN INSURANCE GROUP, INC., AMERICAN MODERN HOME INSURANCE COMPANY, SPECIALIZED LOAN SERVICING LLC, RESIDENTIAL CREDIT SOLUTIONS, INC. AND AMERICAN SECURITY INSURANCE COMPANY for a extension of time to file a response to the Second Amended Complaint until 11/30/18, etc. Signed by Magistrate Judge Mark Falk on 10/10/18. (cm, )
October 9, 2018 Filing 84 WAIVER OF SERVICE Returned Executed by LUIGI FRANCESE. SOUTHWEST BUSINESS CORPORATION waiver sent on 10/1/2018, answer due 11/30/2018. (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT)
October 5, 2018 Filing 83 STIPULATION to Extend Times to Respond to SAC by LUIGI FRANCESE. (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT)
October 2, 2018 Filing 82 WAIVER OF SERVICE Returned Executed by LUIGI FRANCESE. AMERICAN SECURITY INSURANCE COMPANY waiver sent on 10/1/2018, answer due 11/30/2018. (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT)
October 1, 2018 Answer Due Deadline Update - The document #81 Order, submitted by SPECIALIZED LOAN SERVICING LLC, RESIDENTIAL CREDIT SOLUTIONS, INC., AMERICAN MODERN INSURANCE GROUP, INC., AMERICAN MODERN HOME INSURANCE COMPANY has been GRANTED. The answer due date has been set for 10/8/18. (cm, )
October 1, 2018 Opinion or Order Filing 81 ORDER granting the (AMIG Defendant's) an extension of time to file their response to Plaintiff's Second Amended Complaint until 10/8/18. Plaintiff responses if any, shall be due by 11/12/18. Signed by Magistrate Judge Mark Falk on 10/1/18. (cm, )
September 28, 2018 Filing 80 STIPULATION For Extension of Time to file Response to Plaintiff's Second Amended Complaint by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (BRENNER, JEFFREY)
September 17, 2018 Pro Hac Vice counsel, FRANK G. BURT, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (cm, )
September 17, 2018 Pro Hac Vice counsel, BRIAN P. PERRYMAN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (cm, )
September 17, 2018 Pro Hac Vice counsel, W. GLENN MERTEN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (cm, )
September 13, 2018 Filing 79 Notice of Request by Pro Hac Vice Frank G. Burt to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9020590.) (DIUBALDO, ROBERT)
September 13, 2018 Filing 78 Notice of Request by Pro Hac Vice Brian P. Perryman to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9020573.) (DIUBALDO, ROBERT)
September 13, 2018 Filing 77 Notice of Request by Pro Hac Vice W. Glenn Merten to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9020526.) (DIUBALDO, ROBERT)
September 12, 2018 Opinion or Order Filing 76 ORDER granting #72 Motion for Leave to Appear Pro Hac Vice as to Frank G. Burt, Esq., etc. Signed by Magistrate Judge Mark Falk on 9/12/18. (cm, )
September 12, 2018 Opinion or Order Filing 75 ORDER granting #71 Motion for Leave to Appear Pro Hac Vice as to Brian P. Penyman, Esq.,etc. Signed by Magistrate Judge Mark Falk on 9/12/18. (cm, )
September 12, 2018 Opinion or Order Filing 74 ORDER granting #70 Motion for Leave to Appear Pro Hac Vice as to W. Glenn Merten, Esq., etc. Signed by Magistrate Judge Mark Falk on 9/12/18. (cm, )
September 12, 2018 Set Deadlines as to #72 MOTION for Leave to Appear Pro Hac Vice , #70 MOTION for Leave to Appear Pro Hac Vice , #71 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/15/2018 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm, )
September 11, 2018 Filing 73 Exhibit to #72 Motion for Leave to Appear Pro Hac Vice ([corrected] Exhibit B - Proposed Order) by AMERICAN SECURITY INSURANCE COMPANY. (DIUBALDO, ROBERT)
September 11, 2018 Filing 72 MOTION for Leave to Appear Pro Hac Vice by AMERICAN SECURITY INSURANCE COMPANY. (Attachments: #1 Declaration of Robert W. DiUbaldo, #2 Exhibit A - Declaration of Frank G. Burt, #3 Exhibit B - Proposed Order)(DIUBALDO, ROBERT)
September 11, 2018 Filing 71 MOTION for Leave to Appear Pro Hac Vice by AMERICAN SECURITY INSURANCE COMPANY. (Attachments: #1 Declaration of Robert W. DiUbaldo, #2 Exhibit A - Declaration of Brian P Perryman, #3 Exhibit B - Proposed Order)(DIUBALDO, ROBERT)
September 11, 2018 Filing 70 MOTION for Leave to Appear Pro Hac Vice by AMERICAN SECURITY INSURANCE COMPANY. (Attachments: #1 Declaration Declaration of Robert W. DiUbaldo, #2 Exhibit A- Declaration of W. Glenn Merten, #3 Text of Proposed Order Proposed Order)(DIUBALDO, ROBERT)
September 11, 2018 Filing 69 Corporate Disclosure Statement by AMERICAN SECURITY INSURANCE COMPANY. (DIUBALDO, ROBERT)
September 11, 2018 Filing 68 NOTICE of Appearance by ROBERT WAGNER DIUBALDO on behalf of AMERICAN SECURITY INSURANCE COMPANY (DIUBALDO, ROBERT)
August 27, 2018 Opinion or Order Filing 67 JOINT STIPULATION AND ORDER BETWEEN Plaintiff Luigi Francese, American Modern Insurance Group, Inc., American Modern Home Insurance Company (the AMIG Defendants), Specialized Loan Servicing LLC., and Residential Credit Solutions, Inc., an extension of time to file their responses to Plaintiff's Second Amended Complaint until 10/1/18, etc. Signed by Magistrate Judge Mark Falk on 8/27/18. (cm, )
August 24, 2018 Filing 66 STIPULATION (JOINT) FOR EXTENSION OF TIME TO FILE RESPONSES TO PLAINTIFF'S SECOND AMENDED COMPLAINT by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (BRENNER, JEFFREY)
August 23, 2018 Filing 65 SUMMONS ISSUED as to AMERICAN SECURITY INSURANCE COMPANY, SOUTHWEST BUSINESS CORPORATION. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (cm, )
August 23, 2018 Filing 64 Request for Summons to be Issued by LUIGI FRANCESE as to AMERICAN SECURITY INSURANCE COMPANY, SOUTHWEST BUSINESS CORPORATION. (NESMITH, ROOSEVELT)
August 20, 2018 Filing 63 AMENDED COMPLAINT against All Defendants All Defendants., filed by LUIGI FRANCESE. (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT)
August 20, 2018 Filing 62 NOTICE of Appearance by ROOSEVELT N. NESMITH on behalf of LUIGI FRANCESE (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT)
August 15, 2018 Filing 61 NOTICE of Appearance by CATHERINE E. ANDERSON on behalf of LUIGI FRANCESE. (Attachments: #1 cover letter) #2 Certificate of Service) (cm, ).
August 10, 2018 Opinion or Order Filing 60 TEXT ORDER: Please be advised that the telephone conference before the Undersigned on August 14, 2018 is hereby canceled. So Ordered by Magistrate Judge Mark Falk on 8/10/18. (LM, )
August 9, 2018 Opinion or Order Filing 59 ORDER granting Plaintiff's[ 41] Motion to Amend/Correct the Pleadings. Plaintiff shall filed his Second Amended Complaint no later than August 20,2018; terminating #39 Motion to Dismiss ; terminating #40 Motion to Dismiss; terminating #49 Motion to Dismiss. Defendants may answer, move or otherwise respond to theSecond Amended Complaint in accordance with the Federal Rules of Civil Procedure. Signed by Magistrate Judge Mark Falk on 8/9/18. (cm, )
August 8, 2018 Opinion or Order Filing 58 TEXT ORDER: There shall be a telephone conference before the Undersigned on August 14, 2018 at 4:30 p.m. Plaintiff is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 8/8/18. (LM, )
February 26, 2018 Filing 57 REPLY to Response to Motion filed by LUIGI FRANCESE re #41 First MOTION to Amend/Correct the Pleadings IN RESPONSE TO BRIEF FILED BY AMIG DEFENDANTS (AURELIEN, FREDERIC)
February 26, 2018 Filing 56 REPLY to Response to Motion filed by LUIGI FRANCESE re #41 First MOTION to Amend/Correct the Pleadings IN RESPONSE TO BRIEF FILED BY DEFENDANT RCS (AURELIEN, FREDERIC)
February 26, 2018 Filing 55 REPLY to Response to Motion filed by LUIGI FRANCESE re #41 First MOTION to Amend/Correct the Pleadings IN RESPONSE TO BRIEF FILED BY DEFENDANT SLS (AURELIEN, FREDERIC)
February 21, 2018 Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 2/21/2018. (LM, )
February 20, 2018 Filing 54 RESPONSE in Opposition filed by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. re #41 First MOTION to Amend/Correct the Pleadings (Attachments: #1 Text of Proposed Order Proposed Order)(BRENNER, JEFFREY)
February 20, 2018 Filing 53 BRIEF in Opposition filed by SPECIALIZED LOAN SERVICING LLC re #41 First MOTION to Amend/Correct the Pleadings (Attachments: #1 Declaration, #2 Exhibit A, #3 Certificate of Service)(NEWMAN, ASHLEY)
February 20, 2018 Filing 52 BRIEF in Opposition filed by RESIDENTIAL CREDIT SOLUTIONS, INC. re #41 First MOTION to Amend/Correct the Pleadings (SPERLING, JOY)
February 16, 2018 Opinion or Order Filing 51 TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on February 21, 2018 at 4:00 p.m. Counsel for Defendant American Modern Home is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 2/16/18. (LM, )
February 13, 2018 Opinion or Order Filing 50 TEXT ORDER: In light of Plaintiff's Motion for leave to file a Second Amended Complaint (ECF No. 41), which seeks to add two new corporate defendants to the action and assert class action claims, the Court will suspend dispositive motion practice--including the two pending motions to dismiss (ECF Nos. 39, 40, 49)--until the magistrate judge renders a decision on Plaintiff's Motion for leave to file a class action complaint and to name additional parties. So Ordered by Judge William J. Martini on 2/13/18. (gh, )
February 13, 2018 Set/Reset Deadlines as to #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). Motion set for 3/5/2018 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, )
February 9, 2018 Filing 49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by SPECIALIZED LOAN SERVICING LLC. (Attachments: #1 Brief in Support, #2 Declaration of Ashley R. Newman, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Text of Proposed Order, #8 Certificate of Service)(NEWMAN, ASHLEY)
February 7, 2018 Filing 48 STIPULATION (JOINT) OF PLAINTIFF AND DEFENDANTS TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (SCHILDT, STEVEN)
February 7, 2018 Set/Reset Deadlines as to #40 MOTION to Dismiss Resubmitted Per 1/26/18 Clerk's Quality Control Message, #41 First MOTION to Amend/Correct the Pleadings. Responses due by 2/20/2018 Replies due by 2/26/2018. Motion set for 3/5/2017 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. (gh, )
February 6, 2018 Filing 47 Letter from Plaintiff in Response to Letter from Defendant RCS in opposition to Plaintiff's Request re #46 Letter. (AURELIEN, FREDERIC)
February 5, 2018 Filing 46 Letter from Joy Harmon Sperling, Esq., on behalf of defendant Residential Credit Solutions, Inc., in Response to Plaintiff's Request to Adjourn the Pending Motion to Dismiss the First Amended Complaint re QC - Generic Message. (SPERLING, JOY)
February 5, 2018 Filing 45 NOTICE of Appearance by ASHLEY R. NEWMAN on behalf of SPECIALIZED LOAN SERVICING LLC (NEWMAN, ASHLEY)
February 5, 2018 Filing 44 NOTICE of Appearance by VICTOR L. MATTHEWS on behalf of SPECIALIZED LOAN SERVICING LLC (MATTHEWS, VICTOR)
February 5, 2018 CLERK'S QUALITY CONTROL MESSAGE - ECF #43 IS NOT A MOTION BUT A DUPLICATE REQUEST TO ADJOURN THE NOTICE OF MOTION TO DISMSS FILED BY DEFENDANT RCS (gh, )
February 5, 2018 CLERK'S QUALITY CONTROL MESSAGE - ECF #42 IS NOT A MOTION BUT A REQUST TO ADJOURN THE NOTICE OF MOTION TO DISMISS BY DEFENDANT RCS (gh, )
February 2, 2018 Filing 43 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss First Amended Complaint, Set/Reset Motion and R&R Deadlines/Hearings,, #40 MOTION to Dismiss Resubmitted Per 1/26/18 Clerk's Quality Control Message Motion Letter to Adjourn Motion to Dismiss by LUIGI FRANCESE. (AURELIEN, FREDERIC)
February 2, 2018 Filing 42 MOTION to Amend/Correct #41 First MOTION to Amend/Correct the Pleadings Letter Motion to Adjourn by LUIGI FRANCESE. (AURELIEN, FREDERIC)
February 2, 2018 Filing 41 First MOTION to Amend/Correct the Pleadings by LUIGI FRANCESE. (Attachments: #1 Brief Memorandum of Law in Support, #2 Declaration Declaration of David Van Leeuwen, #3 Exhibit Second Amended Complaint, #4 Exhibit Marked Up Complaint, #5 Text of Proposed Order Proposed Order to Amend)(AURELIEN, FREDERIC)
January 26, 2018 Set/Reset Deadlines as to #40 MOTION to Dismiss Resubmitted Per 1/26/18 Clerk's Quality Control Message, #39 MOTION to Dismiss First Amended Complaint. Motion set for 2/20/2018 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, )
January 26, 2018 Filing 40 MOTION to Dismiss Resubmitted Per 1/26/18 Clerk's Quality Control Message by RESIDENTIAL CREDIT SOLUTIONS, INC.. Responses due by 2/6/2018 (Attachments: #1 Brief)(SPERLING, JOY)
January 26, 2018 CLERK'S QUALITY CONTROL MESSAGE - The MOTION TO DISMISS - [D.E. 39] submitted by M. FITZPATRICK on 1/25/18 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (DD, )
January 25, 2018 Filing 39 MOTION to Dismiss First Amended Complaint by RESIDENTIAL CREDIT SOLUTIONS, INC.. Responses due by 2/6/2018 (Attachments: #1 Brief, #2 Declaration of Michael J. Fitzpatrick, #3 Exhibit A to Fitzpztrick Decl. (Initial Complaint), #4 Exhibit B to Fitzpatrick Decl. (Court's Opinion), #5 Exhibit C to Fitzpatrick Decl. (Amended Complaint), #6 Exhibit D to Fitzpatrick Decl. (Deller Decl. Volume I), #7 Exhibit D to Fitzpatrick Decl. (Deller Decl. Volume II), #8 Declaration of Tari Pyka, #9 Exhibit A to Pyka Decl. (Redacted Mortgage), #10 Exhibit B to Pyka Decl. (Redacted Insurance Policy Volume I), #11 Exhibit B to Pyka Decl. (Redacted Insurance Policy Volume II), #12 Exhibit C to Pyka Decl. (Redacted Insurance Letters), #13 Text of Proposed Order)(FITZPATRICK, MICHAEL)
January 3, 2018 Minute Entry for proceedings held before Magistrate Judge Mark Falk: In-Person Conference held on 1/3/2018. (LM, )
December 6, 2017 Answer Due Deadline Update - The document #38 Stipulation and Order submitted by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. has been GRANTED. The answer due date has been set for 2/12/18. (DD, )
December 6, 2017 Opinion or Order Filing 38 JOINT STIPULATION AND ORDER EXTENDING TIME for Defts. to answer Amended Cmp. until 2/12/18. Signed by Magistrate Judge Mark Falk on 12/6/17. (DD, )
November 30, 2017 Opinion or Order Filing 37 TEXT ORDER: The settlement conference will proceed as scheduled, regardless of any motion to dismiss. So Ordered by Magistrate Judge Mark Falk on 11/30/17. (LM, )
November 30, 2017 Filing 36 STIPULATION (JOINT) OF ALL PARTIES FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (BRENNER, JEFFREY)
November 29, 2017 Filing 35 Letter from Frederic Aurelien, Esq.. (AURELIEN, FREDERIC)
November 29, 2017 Opinion or Order Filing 34 TEXT ORDER: Please be advised that there shall be an in-person conference before the Undersigned on January 3, 2018 at 10:30 a.m. at the U.S. Post Office and Courthouse, 1 Federal Square, 4th Floor, Courtroom 9, Newark, NJ. So Ordered by Magistrate Judge Mark Falk on 11/29/17. (LM, )
November 28, 2017 Filing 33 Letter. (BRENNER, JEFFREY)
November 21, 2017 Filing 32 Letter re #31 Amended Complaint,. (AURELIEN, FREDERIC)
November 21, 2017 Filing 31 AMENDED COMPLAINT Luigi Francese against AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC., AMERICAN MORTGAGE INSURANCE GROUP, INC., RESIDENTIAL CREDIT SOLUTIONS, INC., SPECIALIZED LOAN SERVICING LLC, filed by LUIGI FRANCESE. (Attachments: #1 Exhibit a form of amended complaint pursuant to the local civil rule 15.1(b))(AURELIEN, FREDERIC)
October 26, 2017 Opinion or Order Filing 30 ORDER granting #16 Motion to Dismiss; granting #18 Motion to Dismiss; granting #19 Motion to Dismiss. Complaint dismissed without prejudice. Plaintiff is granted leave to file an Amended Complaint within 30 days of the date of this Order. Said amendment shall comply with Local Civil Rule 15.1(b) ***CIVIL CASE TERMINATED. Signed by Judge William J. Martini on 10/26/17. (gh, )
October 26, 2017 Filing 29 OPINION. Signed by Judge William J. Martini on 10/26/17. (gh, )
June 2, 2017 Filing 28 REPLY BRIEF to Opposition to Motion filed by RESIDENTIAL CREDIT SOLUTIONS, INC. re #19 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (SPERLING, JOY)
June 2, 2017 Filing 27 REPLY BRIEF to Opposition to Motion filed by SPECIALIZED LOAN SERVICING LLC re #18 MOTION to Dismiss (SAMON, JONATHAN)
May 30, 2017 Filing 26 BRIEF in Support filed by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. re #16 MOTION to Dismiss Counts I and II of Plaintiff's Complaint (SCHILDT, STEVEN)
May 11, 2017 Filing 25 BRIEF in Opposition filed by LUIGI FRANCESE re #16 MOTION to Dismiss Counts I and II of Plaintiff's Complaint by Defendants American Mortgage Insurance Group, Inc. and American Modern Home Insurance Company (Attachments: #1 Declaration Francese Declaration with Exhibits)(AURELIEN, FREDERIC)
May 11, 2017 Filing 24 BRIEF in Opposition filed by LUIGI FRANCESE re #19 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendant Residential Credit Solutions, Inc. (Attachments: #1 Declaration Francese Declaration and Exhibits)(AURELIEN, FREDERIC)
May 11, 2017 Filing 23 BRIEF in Opposition filed by LUIGI FRANCESE re #18 MOTION to Dismiss by Defendant Specialized Loan Servicing LLC (Attachments: #1 Declaration Francese Declaration with Exhibits)(AURELIEN, FREDERIC)
April 28, 2017 Pro Hac Vice counsel, DAVID VAN LEEUWEN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (DD, )
April 27, 2017 Set/Reset Deadlines as to #16 MOTION to Dismiss Counts I and II of Plaintiff's Complaint, #19 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #18 MOTION to Dismiss . Responses due by 5/16/2017 Replies due by 6/2/2017. Motion set for 6/5/2017 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (gh, )
April 27, 2017 Filing 22 Notice of Request by Pro Hac Vice David Van Leeuwen to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-7800103.) (AURELIEN, FREDERIC)
April 27, 2017 Opinion or Order Filing 21 STIPULATION AND ORDER adjourning Defendant's three Motions to Dismiss until 6/5/17; Plaintiff opposition shall be due 5/15/17; reply shall be due 6/2/17. Signed by Judge William J. Martini on 4/27/17. (gh, )
April 25, 2017 Filing 20 STIPULATION re #17 Brief in Support of Motion, #19 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #18 MOTION to Dismiss , #16 MOTION to Dismiss Counts I and II of Plaintiff's Complaint to adjourn motions and extend time for response by LUIGI FRANCESE. (AURELIEN, FREDERIC)
April 21, 2017 Set/Reset Deadlines as to #16 MOTION to Dismiss Counts I and II of Plaintiff's Complaint, #19 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #18 MOTION to Dismiss . Motion set for 5/15/2017 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, )
April 20, 2017 Filing 19 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by RESIDENTIAL CREDIT SOLUTIONS, INC.. (Attachments: #1 Brief, #2 Text of Proposed Order)(SPERLING, JOY)
April 20, 2017 Filing 18 MOTION to Dismiss by SPECIALIZED LOAN SERVICING LLC. Responses due by 5/1/2017 (Attachments: #1 Brief in Support, #2 Declaration of Jonathan E. Samon in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Proposed Order, #6 Certificate of Service)(SAMON, JONATHAN)
April 20, 2017 Filing 17 BRIEF in Support filed by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. re #16 MOTION to Dismiss Counts I and II of Plaintiff's Complaint (SCHILDT, STEVEN)
April 20, 2017 Filing 16 MOTION to Dismiss Counts I and II of Plaintiff's Complaint by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A (Part 1), #3 Exhibit A (Part 2))(SCHILDT, STEVEN)
April 18, 2017 Opinion or Order Filing 15 ORDER granting #14 Motion for Leave to Appear Pro Hac Vice as to DAVID VAN LEEUWEN, ESQ. Signed by Magistrate Judge Mark Falk on 4/17/17. (DD, )
April 17, 2017 Set/Reset Deadlines as to #14 First MOTION for Leave to Appear Pro Hac Vice David Van Leeuwen. Motion set for 5/15/2017 before Judge William J. Martini. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, )
April 14, 2017 Filing 14 First MOTION for Leave to Appear Pro Hac Vice David Van Leeuwen by LUIGI FRANCESE. (Attachments: #1 Certification Certification of Frederic Aurelien, Esq., #2 Declaration Declaration of David Van Leeuwen, #3 Text of Proposed Order Proposed Order)(AURELIEN, FREDERIC)
April 14, 2017 Filing 13 NOTICE of Appearance by FREDERIC AURELIEN on behalf of LUIGI FRANCESE (AURELIEN, FREDERIC)
April 12, 2017 Filing 12 Corporate Disclosure Statement by RESIDENTIAL CREDIT SOLUTIONS, INC. identifying MTGE 2013, LLC as Corporate Parent.. (SPERLING, JOY)
April 12, 2017 Filing 11 Corporate Disclosure Statement by AMERICAN MODERN HOME INSURANCE COMPANY. (BRENNER, JEFFREY)
April 12, 2017 Filing 10 Corporate Disclosure Statement by AMERICAN MODERN INSURANCE GROUP, INC.. (BRENNER, JEFFREY)
April 12, 2017 Filing 9 NOTICE of Appearance by JEFFREY MATTHEW BRENNER on behalf of AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. (BRENNER, JEFFREY)
April 11, 2017 Answer Due Deadline Update - The document #8 Stipulation and Order submitted by RESIDENTIAL CREDIT SOLUTIONS, INC. has been GRANTED. The answer due date has been set for 4/20/17. (DD, )
April 11, 2017 Opinion or Order Filing 8 STIPULATION AND ORDER EXTENDING TIME for deft., RESIDENTIAL CREDIT SOLUTIONS, INC. to answer Cmp. until 4/20/17. Signed by Magistrate Judge Mark Falk on 4/11/17. (DD, )
April 11, 2017 Clerk`s Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by SPECIALIZED LOAN SERVICING LLC has been GRANTED. The answer due date has been set for 4/25/17. (DD, )
April 10, 2017 Filing 7 STIPULATION and Proposed Order Extending Defendant Residential Credit Solutions, Inc.'s Time to Answer, Move, or Otherwise Respond to the Complaint by RESIDENTIAL CREDIT SOLUTIONS, INC.. (SPERLING, JOY)
April 10, 2017 Filing 6 NOTICE of Appearance by JOY HARMON SPERLING on behalf of RESIDENTIAL CREDIT SOLUTIONS, INC. (SPERLING, JOY)
April 10, 2017 Filing 5 Corporate Disclosure Statement by SPECIALIZED LOAN SERVICING LLC. (SAMON, JONATHAN)
April 10, 2017 Filing 4 Application and Proposed Order for Clerk's Order to extend time to answer as to Specialized Loan Servicing, LLC. Attorney JONATHAN E. SAMON for SPECIALIZED LOAN SERVICING LLC added. (SAMON, JONATHAN)
April 10, 2017 Answer Due Deadline Update - The document #3 Stipulation and Order, submitted by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. has been GRANTED. The answer due date has been set for 4/20/17. (DD, )
April 10, 2017 Opinion or Order Filing 3 STIPULATION AND ORDER that AMERICAN MODERN INSURANCE GROUP, INC. is added and AMERICAN MORTGAGE INSURANCE GROUP, INC. terminated. The corrected caption is reflected above and will be used on all future pleadings. Defts. shall have until 4/20/17 to respond to Cmp.. Signed by Magistrate Judge Mark Falk on 4/10/17. (DD, )
April 7, 2017 Filing 2 STIPULATION REGARDING CAPTION AMENDMENT AND EXTENSION by AMERICAN MODERN HOME INSURANCE COMPANY. (SCHILDT, STEVEN)
April 4, 2017 Filing 1 NOTICE OF REMOVAL by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MORTGAGE INSURANCE GROUP, INC. from SUPERIOR COURT OF BERGEN COUNTY, case number L-001598-17. ( Filing and Admin fee $ 400 receipt number 0312-7750865), filed by AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MORTGAGE INSURANCE GROUP, INC.. (Attachments: #1 Cover Letter to Removal, #2 Civil Cover Sheet)(dam)

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Search for this case: FRANCESE v. AMERICAN MODERN INSURANCE GROUP, INC. et al
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Defendant: AMERICAN MORTGAGE INSURANCE GROUP, INC
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Defendant: SOUTHWEST BUSINESS CORPORATION
Represented By: DIANA C. MANNING
Represented By: BENJAMIN JAMES DILORENZO
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Defendant: AMERICAN MORTGAGE INSURANCE GROUP, INC.
Represented By: STEVEN SCHILDT
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Defendant: AMERICAN MODERN HOME INSURANCE COMPANY
Represented By: STEVEN SCHILDT
Represented By: JEFFREY MATTHEW BRENNER
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Defendant: AMERICAN SECURITY INSURANCE COMPANY
Represented By: KATHERINE LEIGH VILLANUEVA
Represented By: ROBERT WAGNER DIUBALDO
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Defendant: AMERICAN MODERN INSURANCE GROUP, INC.
Represented By: STEVEN SCHILDT
Represented By: JEFFREY MATTHEW BRENNER
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Defendant: RESIDENTIAL CREDIT SOLUTIONS, INC.
Represented By: MICHAEL J. FITZPATRICK
Represented By: PAUL J. HALASZ
Represented By: JOY HARMON SPERLING
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Defendant: SPECIALIZED LOAN SERVICING LLC
Represented By: ASHLEY R. NEWMAN
Represented By: VICTOR L. MATTHEWS
Represented By: JONATHAN E. SAMON
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Plaintiff: FRANCESE
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Plaintiff: LUIGI FRANCESE
Represented By: CATHERINE E. ANDERSON
Represented By: ROOSEVELT N. NESMITH
Represented By: FREDERIC AURELIEN
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