FRANCESE v. AMERICAN MODERN INSURANCE GROUP, INC. et al
| FRANCESE and LUIGI FRANCESE |
| 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 |
| 2:2017cv02246 |
| April 4, 2017 |
| US District Court for the District of New Jersey |
| Newark Office |
| Bergen |
| Mark Falk |
| William J Martini |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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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, )
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| Filing 119 OPINION. Signed by Judge William J. Martini on 4/16/19. (gh, ) |
| 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) |
| 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) |
| Filing 116 NOTICE of Change of Address by KATHERINE LEIGH VILLANUEVA (VILLANUEVA, KATHERINE) |
| 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) |
| 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) |
| 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) |
| Filing 112 NOTICE of Appearance by KATHERINE LEIGH VILLANUEVA on behalf of AMERICAN SECURITY INSURANCE COMPANY (VILLANUEVA, KATHERINE) |
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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, )
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| Filing 110 STIPULATION Extending Defendants' Deadline to File Reply by AMERICAN SECURITY INSURANCE COMPANY. (DIUBALDO, ROBERT) |
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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, )
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| 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) |
| 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) |
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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, )
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| Filing 105 APPLICATION/PETITION for Permission to File Overlong Brief for by LUIGI FRANCESE. (Attachments: #1 Text of Proposed Order)(NESMITH, ROOSEVELT) |
| 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, ) |
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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, )
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| 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) |
| 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, ) |
| 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) |
| 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, ) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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, ) |
| Filing 96 NOTICE of Appearance by BENJAMIN JAMES DILORENZO on behalf of SOUTHWEST BUSINESS CORPORATION (DILORENZO, BENJAMIN) |
| Filing 95 Application and Proposed Order for Clerk's Order to extend time to answer as to Southwest Business Corporation.. (MANNING, DIANA) |
| Filing 94 NOTICE of Appearance by DIANA C. MANNING on behalf of SOUTHWEST BUSINESS CORPORATION (MANNING, DIANA) |
| Filing 93 NOTICE of Appearance by PAUL J. HALASZ on behalf of RESIDENTIAL CREDIT SOLUTIONS, INC. (HALASZ, PAUL) |
| 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, ) |
| 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, ) |
| 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) |
| 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) |
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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, )
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| 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) |
| 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) |
| 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) |
| 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) |
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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, )
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| 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) |
| Filing 83 STIPULATION to Extend Times to Respond to SAC by LUIGI FRANCESE. (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT) |
| 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) |
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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, )
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| 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, ) |
| 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) |
| 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, ) |
| 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, ) |
| 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, ) |
| 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) |
| 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) |
| 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) |
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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, )
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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, )
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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, )
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| 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, ) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 69 Corporate Disclosure Statement by AMERICAN SECURITY INSURANCE COMPANY. (DIUBALDO, ROBERT) |
| Filing 68 NOTICE of Appearance by ROBERT WAGNER DIUBALDO on behalf of AMERICAN SECURITY INSURANCE COMPANY (DIUBALDO, ROBERT) |
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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, )
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| 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) |
| 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, ) |
| Filing 64 Request for Summons to be Issued by LUIGI FRANCESE as to AMERICAN SECURITY INSURANCE COMPANY, SOUTHWEST BUSINESS CORPORATION. (NESMITH, ROOSEVELT) |
| Filing 63 AMENDED COMPLAINT against All Defendants All Defendants., filed by LUIGI FRANCESE. (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT) |
| Filing 62 NOTICE of Appearance by ROOSEVELT N. NESMITH on behalf of LUIGI FRANCESE (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT) |
| Filing 61 NOTICE of Appearance by CATHERINE E. ANDERSON on behalf of LUIGI FRANCESE. (Attachments: #1 cover letter) #2 Certificate of Service) (cm, ). |
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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, )
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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, )
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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, )
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| 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) |
| 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) |
| 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) |
| Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 2/21/2018. (LM, ) |
| 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) |
| 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) |
| Filing 52 BRIEF in Opposition filed by RESIDENTIAL CREDIT SOLUTIONS, INC. re #41 First MOTION to Amend/Correct the Pleadings (SPERLING, JOY) |
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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, )
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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, )
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| 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, ) |
| 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) |
| 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) |
| 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, ) |
| Filing 47 Letter from Plaintiff in Response to Letter from Defendant RCS in opposition to Plaintiff's Request re #46 Letter. (AURELIEN, FREDERIC) |
| 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) |
| Filing 45 NOTICE of Appearance by ASHLEY R. NEWMAN on behalf of SPECIALIZED LOAN SERVICING LLC (NEWMAN, ASHLEY) |
| Filing 44 NOTICE of Appearance by VICTOR L. MATTHEWS on behalf of SPECIALIZED LOAN SERVICING LLC (MATTHEWS, VICTOR) |
| 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, ) |
| 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, ) |
| 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) |
| Filing 42 MOTION to Amend/Correct #41 First MOTION to Amend/Correct the Pleadings Letter Motion to Adjourn by LUIGI FRANCESE. (AURELIEN, FREDERIC) |
| 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) |
| 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) |
| 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, ) |
| 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, ) |
| 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) |
| Minute Entry for proceedings held before Magistrate Judge Mark Falk: In-Person Conference held on 1/3/2018. (LM, ) |
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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, )
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| 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, ) |
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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, )
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| 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) |
| Filing 35 Letter from Frederic Aurelien, Esq.. (AURELIEN, FREDERIC) |
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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, )
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| Filing 33 Letter. (BRENNER, JEFFREY) |
| Filing 32 Letter re #31 Amended Complaint,. (AURELIEN, FREDERIC) |
| 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) |
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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, )
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| Filing 29 OPINION. Signed by Judge William J. Martini on 10/26/17. (gh, ) |
| 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) |
| Filing 27 REPLY BRIEF to Opposition to Motion filed by SPECIALIZED LOAN SERVICING LLC re #18 MOTION to Dismiss (SAMON, JONATHAN) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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, ) |
| 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) |
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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, )
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| 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, ) |
| 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) |
| 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, ) |
| 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) |
| 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) |
| 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) |
| 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) |
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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, )
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| 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, ) |
| 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) |
| Filing 13 NOTICE of Appearance by FREDERIC AURELIEN on behalf of LUIGI FRANCESE (AURELIEN, FREDERIC) |
| Filing 12 Corporate Disclosure Statement by RESIDENTIAL CREDIT SOLUTIONS, INC. identifying MTGE 2013, LLC as Corporate Parent.. (SPERLING, JOY) |
| Filing 11 Corporate Disclosure Statement by AMERICAN MODERN HOME INSURANCE COMPANY. (BRENNER, JEFFREY) |
| Filing 10 Corporate Disclosure Statement by AMERICAN MODERN INSURANCE GROUP, INC.. (BRENNER, JEFFREY) |
| Filing 9 NOTICE of Appearance by JEFFREY MATTHEW BRENNER on behalf of AMERICAN MODERN HOME INSURANCE COMPANY, AMERICAN MODERN INSURANCE GROUP, INC. (BRENNER, JEFFREY) |
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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, )
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| 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, ) |
| 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, ) |
| 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) |
| Filing 6 NOTICE of Appearance by JOY HARMON SPERLING on behalf of RESIDENTIAL CREDIT SOLUTIONS, INC. (SPERLING, JOY) |
| Filing 5 Corporate Disclosure Statement by SPECIALIZED LOAN SERVICING LLC. (SAMON, JONATHAN) |
| 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) |
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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, )
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| 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, ) |
| Filing 2 STIPULATION REGARDING CAPTION AMENDMENT AND EXTENSION by AMERICAN MODERN HOME INSURANCE COMPANY. (SCHILDT, STEVEN) |
| 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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