Jones et al v. Select Portfolio Servicing, Inc.
| Vira Lynn Jones and Phillip Jones |
| Select Portfolio Servicing, Inc. U.S. Bank, Select Portfolio Servicing, Inc. and U.S. Bank Home Mortgage |
| 1:2023cv07772 |
| October 13, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Joseph A Marutollo |
| Ramon E Reyes |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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ORDER: On 11/9/2023, the Court directed plaintiffs to file their opposition to defendants' #5 motion to dismiss by 11/30/2023. The deadline has passed, and nothing has been filed. The Court sua sponte grants plaintiff a nunc pro tunc extension to file their opposition by 12/29/2023. Defendants may file a reply, if any, by 1/5/2024. If plaintiffs fail to file their opposition by 12/29/2023, the Court will treat the motion to dismiss as fully briefed. Ordered by Judge Rachel P. Kovner on 12/8/2023. (SP)
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Filing 12
SCHEDULING ORDER: An in-person initial conference will be held on January 31, 2024 at 11:30 a.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than January 26, 2024. Plaintiffs are ordered to notify Defendants of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 12/1/2023. (Attachments: #1 Individual Practices and Rules) (EG)
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| Case Reassigned to Magistrate Judge Joseph A. Marutollo. Magistrate Judge Ramon E. Reyes, Jr no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) |
| Filing 11 SUMMONS Returned Executed by Vira Lynn Jones, Phillip Jones. Select Portfolio Servicing, Inc. served on 11/15/2023, answer due 12/6/2023; U.S. Bank Home Mortgage served on 11/15/2023, answer due 12/6/2023. (IH) |
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SCHEDULING ORDER: Plaintiffs shall file a response to defendants' #5 motion to dismiss by 11/30/2023. Defendants shall file a reply, if any, by 12/7/2023. Ordered by Judge Rachel P. Kovner on 11/9/2023. (SP)
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| Filing 10 Summons Issued as to Select Portfolio Servicing, Inc., U.S. Bank Home Mortgage. (IH) |
| Filing 9 FILING FEE: $ 450.00, receipt number 100010627 (IH) |
| Filing 8 AFFIDAVIT of Service for Motion to Dismiss and Corporate Disclosure Statements served on Vira Lynn Jones and Phillip Jones on November 2, 2023, filed by Select Portfolio Servicing, Inc. U.S. Bank. (Lenci, Edward) |
| Filing 7 Corporate Disclosure Statement by Select Portfolio Servicing, Inc. U.S. Bank identifying Corporate Parent U.S. Bancorp. for Select Portfolio Servicing, Inc. U.S. Bank. (Lenci, Edward) |
| Filing 6 Corporate Disclosure Statement by Select Portfolio Servicing, Inc. U.S. Bank identifying Corporate Parent Credit Suisse (USA), Inc., Corporate Parent SP Holding Enterprises Corp. for Select Portfolio Servicing, Inc. U.S. Bank. (Lenci, Edward) |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Select Portfolio Servicing, Inc. U.S. Bank. (Attachments: #1 Declaration Declaration of E. Lenci, #2 Exhibit A - Docket Sheet, #3 Exhibit B - JFS, #4 Exhibit C - Withdrawal Order, #5 Exhibit D - Notice of Entry, #6 Exhibit E - V. Jones Cross-Motion, #7 Exhibit F - Oppostion to V. Jones Cross-Motion, #8 Exhibit G - V. Jones Reply, #9 Exhibit H - Notice of Sale, #10 Exhibit I - Lenci Affirmation in Opp and Support, #11 Exhibit J - Affirmation of Sarah J. Greenberg, #12 Exhibit K - Cancellation Order, #13 Exhibit L - Defendant Opposition to Cross-Motion (as served copy), #14 Exhibit M - V. Jones notice of return date change 9.12.23, #15 Exhibit N - POA, #16 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss) (Lenci, Edward) |
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ORDER: Plaintiffs' #2 , #3 applications to proceed in forma pauperis are denied without prejudice because they do not provide sufficient information to permit the Court to determine whether plaintiffs are indigent. Plaintiffs applications listing no income from any source, no savings, and no assets raises questions regarding whether the short-form applications give a complete and accurate picture of plaintiffs financial situation. Accordingly, if plaintiffs wish to proceed in forma pauperis, they are directed to file, on or before 11/8/2023, complete and accurate Long-Form IFP Applications providing additional information necessary to make an indigency determination. If plaintiffs fail to file the Long Form IFP Applications (or to pay the filing fee) by 11/8/2023, the case may be dismissed without prejudice. The Clerk of Court is directed to mail a copy of this docket order and of two Long Form IFP Applications to plaintiffs. Ordered by Judge Rachel P. Kovner on 10/25/2023. (SP)
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| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Phillip Jones. (KD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Vira Lynn Jones. (KD) |
| Filing 1 COMPLAINT against Select Portfolio Servicing, Inc. U.S. Bank, filed by Vira Lynn Jones, Phillip Jones. (Attachments: #1 Civil Cover Sheet) (KD) |
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