FAISON et al v. WELLS FARGO BANK N.A. et al
| ELVA J. FAISON and ALFRED R. FAISON |
| WELLS FARGO BANK N.A., OCWEN LOAN SERVICING LLC, JP MORGAN CHASE, Sherri Shrank and Amy Hornet |
| 2:2018cv11755 |
| July 18, 2018 |
| US District Court for the District of New Jersey |
| Newark Office |
| Passaic |
| James B Clark |
| John Michael Vazquez |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 27
LETTER ORDER; Plaintiffs' Amended Complaint was filed in in violation of Rule 15(a), Plaintiffs may within fourteen (14) days of the entry of this Order: (1) obtain the consent of all parties and submit a proposed consent order to the Court permitting the filing of Plaintiffs Amended Complaint; or (2) file a formal Motion seeking the Courts leave to file an Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a). If Plaintiffs fail to do either, the Amended Complaint will be stricken and Plaintiffs initial Complaint will remain Plaintiffs' operative pleading in this action; etc. Signed by Magistrate Judge James B. Clark on 09/06/2018. (sms)
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| Filing 26 Letter from David M Schlachter re #19 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(1) and 12(b)(6), #25 Letter. (SCHLACHTER, DAVID) |
| Filing 25 Letter from Defendants Wells Fargo Bank, National Association as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-BC1 and Ocwen Loan Servicing, LLC re #24 Amended Complaint. (FITZGIBBON, DAVID) |
| Filing 24 AMENDED COMPLAINT against Sherri Shrank, Amy Hornet, filed by ALFRED R. FAISON, ELVA J. FAISON.(SCHLACHTER, DAVID) |
| Filing 23 STIPULATION re #1 Complaint, Extending Time to File Answer by JP MORGAN CHASE. (ARCURE, FRANCESCA) |
| Filing 22 NOTICE of Appearance by FRANCESCA ANN ARCURE on behalf of JP MORGAN CHASE (ARCURE, FRANCESCA) |
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Filing 21
ORDER, denying Plaintiff's #7 motion for a preliminary injunction; etc. Signed by Judge John Michael Vazquez on 08/10/2018. (sms)
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| Set Deadlines as to #19 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(1) and 12(b)(6). Motion set for 9/4/2018 before Judge John Michael Vazquez. 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. (sms) |
| Filing 20 Minute Entry for proceedings held before Judge John Michael Vazquez: Hearing on the pending motion for preliminary injunctive relief held on 8/10/2018. Denied (Court Reporter/Recorder Joanne Sekella.) (ro, ) |
| Filing 19 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(1) and 12(b)(6) by OCWEN LOAN SERVICING LLC, WELLS FARGO BANK N.A.. Responses due by 8/21/2018 (Attachments: #1 Proposed Order, #2 Declaration of David Fitzgibbon, Esq. in Support of Defendants' Motion to Dismiss Complaint Pursuant to Rule 12(b)(1) and 12(b)(6), #3 Brief in Support of Motion to Dismiss Complaint Pursuant to Rule 12(b)(1) and 12(b)(6), #4 Certificate of Service)(FITZGIBBON, DAVID) |
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Filing 18
TEXT ORDER: The Court is in receipt of Plaintiff's counsel's letter of today, August 10, 2018, in which counsel requests that the oral argument scheduled for 3 p.m. today (August 10) be adjourned. The adjournment request is DENIED. The Court ordered the August 10 argument on July 27, 2018, D.E. 11, and counsel did not take make a timely request for an adjournment. Nevertheless, the Court is considerate of counsel's religious obligations and will ensure that the oral argument today is concluded at least three hours before counsel's religious obligation begins. So Ordered by Judge John Michael Vazquez on 8/10/18. (ro, )
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| Filing 17 Letter from David M Schlachter re #11 Order,,, Set Scheduling Order Deadlines,,, Set Deadlines/Hearings,,. (SCHLACHTER, DAVID) |
| Filing 16 Exhibit to #15 Brief by ALFRED R. FAISON, ELVA J. FAISON. (Attachments: #1 Exhibit H)(SCHLACHTER, DAVID) |
| Filing 15 BRIEF in support of preliminary injunction (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(SCHLACHTER, DAVID) |
| Filing 14 RESPONSE re #7 Brief. (Attachments: #1 Declaration of David Fitzgibbon in Opposition to Plaintiffs Motion for Preliminary Injunction, #2 Proposed Order, #3 Certificate of Service)(FITZGIBBON, DAVID) |
| Filing 13 NOTICE of Appearance by DAVID PATRICK FITZGIBBON on behalf of OCWEN LOAN SERVICING LLC, WELLS FARGO BANK N.A. (Attachments: #1 Certificate of Service)(FITZGIBBON, DAVID) |
| Filing 12 AFFIDAVIT of Service for Order dated July 27, 2018 served on All Defendants on July 31, 2018, filed by ALFRED R. FAISON, ELVA J. FAISON. (SCHLACHTER, DAVID) |
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Filing 11
ORDER, that the following briefing schedule shall apply to Plaintiff's motion for preliminary injunction: Defendants will file any opposition by Friday, August 3, 2018, and Plantiffs will file any reply by Wednesday, August 8, 2018; Plaintiffs shall properly serve Defendants with a copy of this Order in accordance with the Federal Rules of Civil Procedure and post proof of service on the docket; and the parties shall appear for oral argument on Plaintiffs' preliminary injunction motion on August 10, 2018, at 3:00 p.m.; etc. Signed by Judge John Michael Vazquez on 07/27/2018. (sms)
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| Filing 10 AFFIDAVIT of Service for Order denying the Order to Show Cause per Court Order served on All Defendants on July 26, 2018, filed by ALFRED R. FAISON, ELVA J. FAISON. (SCHLACHTER, DAVID) |
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Filing 9
ORDER, that Plaintiffs' #5 Second MOTION for Order to Show Cause with temporary restraints is again DENIED; Plaintiffs shall properly serve Defendant with a copy of this Order. Once Defendants are properly served, Plaintiff shall post proof of service on the record. At that time, the Court will schedule a conference call with counsel for all parties to discuss a further briefing schedule as to potential preliminary injunctive relief; etc Signed by Judge John Michael Vazquez on 07/23/2018. (sms)
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| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Wells Fargo, Ocwen Loan Servicing, JP Morgan Chase on 7/23/2018, filed by ALFRED R. FAISON, ELVA J. FAISON. (Attachments: #1 Affidavit, #2 Affidavit)(SCHLACHTER, DAVID) |
| Filing 7 BRIEF in support of Order to Show Cause (Attachments: #1 Exhibit)(SCHLACHTER, DAVID) |
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Filing 6
ORDER, that Plaintiffs' #5 Motion for Order to Show Cause with temporary restraints, is DENIED without prejudice; Plaintiff shall by July 23, 2018, file a brief analyzing the four factors necessary for injunctive relief. Plaintiffs' brief shall recite the relevant facts, review the relevant law as to the claims raised in their Complaint, and provide a sufficient analysis as to why they are entitled to injunctive relief. The Court will review the brief and then issue a further briefing schedule if warranted; etc. Signed by Judge John Michael Vazquez on 07/20/2018. (sms)
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| Filing 5 Second MOTION for Order to Show Cause corrected, filed with Affidavit by ALFRED R. FAISON, ELVA J. FAISON. (Attachments: #1 Affidavit in support of OTSC and Complaint)(SCHLACHTER, DAVID) |
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Filing 4
ORDER; that Plaintiffs' motion for an order to show cause with temporary restraints (D.E. 2) is DENIED without prejudice and that Plaintiffs are permitted to refile their motion if they comply with the relevant rules and statues (including Federal Rule of Civil Procedure 65 and Local Civil Rule 65.1); and the Court will not set forth a briefing schedule for a preliminary injunction hearing at this time due to the deficiencies in Plaintiff's #2 motion; etc. Signed by Judge John Michael Vazquez on 07/19/2018. (sms)
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| Set Deadlines as to #2 First MOTION for Order to Show Cause to stay eviction of July 31, 2018. Motion set for 8/20/2018 before Judge John Michael Vazquez. 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. (sm) |
| Filing 3 SUMMONS ISSUED as to JP MORGAN CHASE, OCWEN LOAN SERVICING LLC, WELLS FARGO BANK N.A. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *John Reilly* (jr) |
| Filing 2 First MOTION for Order to Show Cause to stay eviction of July 31, 2018 by ALFRED R. FAISON, ELVA J. FAISON. (SCHLACHTER, DAVID) |
| Filing 1 COMPLAINT against JP MORGAN CHASE, OCWEN LOAN SERVICING LLC, WELLS FARGO BANK N.A. ( Filing and Admin fee $ 400 receipt number 0312-8889421) with JURY DEMAND, filed by ALFRED R. FAISON, ELVA J. FAISON. (Attachments: #1 Summons Summons, #2 Civil Cover Sheet JS-044)(SCHLACHTER, DAVID) |
| Case assigned to Judge John Michael Vazquez and Magistrate Judge James B. Clark. (jr) |
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