Lyons et al v. Litton Loan Servicing LP et al
| Sheila D. Heard, ANTHONY PAPAPIETRO, Jacqueline Lyons, Frances Erving, Jimmy Lyons, Lisa Chamberlin Engelhardt, Johnnie Erving, Gerald Coulthurst and Enrique Dominguez |
| American Modern Insurance Group, American Modern Home Insurance Company, American Security Insurance Company, Assurant, Inc., Litton Loan Servicing LP, Standard Guaranty Insurance Company, Saxon Mortgage Services Inc., Goldman Sachs Group, Inc., Arrow Corporate Member Holdings LLC, Morgan Stanley, OCWEN Loan Servicing, LLC, OCWEN Financial Corporation and Assurant, Inc. doing business as Assurant Specialty Property |
| 1:2013cv00513 |
| January 23, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Andrew L Carter |
| Henry B Pitman |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 5, 2017. A more recent docket listing may be available from PACER.
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Filing 251
MEMO ENDORSED on re: #250 Letter filed by Jimmy Lyons, Jacqueline Lyons, Sheila D. Heard. ENDORSEMENT: So Ordered. (Signed by Judge Andrew L. Carter, Jr on 12/5/2017) (js)
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| Filing 250 LETTER addressed to Judge Andrew L. Carter, Jr. from Tyler S. Graden dated December 5, 2017 re: approval of final distributions from Settlement Fund.. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons.(Graden, Tyler) |
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Filing 249
MEMO ENDORSEMENT on re: #248 Letter regarding approval of final distributions from Settlement Fund filed by Jimmy Lyons, Jacqueline Lyons, Sheila D. Heard. ENDORSEMENT: SO ORDERED. American Modern Insurance Group terminated. (Signed by Judge Andrew L. Carter, Jr on 11/17/2017) (rj)
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| Filing 248 LETTER addressed to Judge Andrew L. Carter, Jr. from Tyler S. Graden dated November 9, 2017 re: approval of final distributions from Settlement Fund. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons.(Graden, Tyler) |
| Filing 247 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 08/12/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Grant, Patricia) |
| Filing 246 TRANSCRIPT of Proceedings re: Conference held on 8/12/2016 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(Grant, Patricia) |
| Terminate Transcript Deadlines (kl) |
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Filing 245
FINAL APPROVAL ORDER AND JUDGMENT granting #235 Motion for Settlement. This Court hereby finally certifies, pursuant to Fed. R. Civ. P. 23, the Settlement Class. For settlement purposes only, the Court finally designates the law firms of Kessler Topaz Meltzer & Check, LLP, Berger & Montague, P.C., and Lowey Dannenberg Cohen & Hart, P.C. as Class Counsel for the Settlement Class. For settlement purposes only, the Court finally designates Plaintiffs Jimmy Lyons, Jacqueline Lyons, and Sheila Heard as the Settlement Class representatives. The Settlement is finally approved as fair, reasonable, and adequate pursuant to Fed. R. Civ. P. 23(e). The Parties are hereby directed to implement and consummate the Settlement according to its terms and provisions, as may be modified by the Orders of this Court. All claims asserted against the Litton Defendants in this Action, including all individual claims and class claims, are hereby dismissed on the merits and with prejudice against the Plaintiffs and all other Settlement Class Members, without fees or costs to any Party except as otherwise provided herein. (Signed by Judge Andrew L. Carter, Jr on 8/12/2016) (kgo)
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Filing 244
ORDER GRANTING PLAINTIFFS' MOTION FOR A WARD OF ATTORNEYS FEES, REIMBURSEMENT OF EXPENSES, AND APPROVAL OF SERVICE AWARDS TO THE NAMED PLAINTIFFS granting #238 Motion for Attorney Fees. IT IS ORDERED AND ADJUDGED: 1. All of the capitalized terms used herein shall have the same meaning as set forth in the Settlement Agreement dated as of March 15, 2016 and filed with the Court. 2. This Court has jurisdiction over the subject matter of this application and all matters relating thereto, including all members of the Settlement Class. 3. Class Counsel are hereby awarded attorneys' fees of $1,373,500.00 and reimbursement of expenses in the sum of $26,084 (the "Attorneys' Fees and Expenses"), to be paid from the Settlement Fund. The Court finds that the amount of fees awarded is appropriate, fair, and reasonable given the substantial risks of non-recovery, the time and effort involved, and the result obtained for the Settlement Class. The Litton Defendants shall not be responsible for and shall not be liable with respect to the allocation among Class Counsel or any other person who may assert a claim thereto, of attorneys' fees and expenses awarded by the Court. 4. Each of the named Plaintiffs (Jimmy and Jacqueline Lyons, jointly, and Sheila Heard, individually) that entered into the Settlement Agreement is awarded $2,500 as a Service Award, for a total of $5,000, as defined in the Settlement Agreement, in recognition of their contributions to this Action. (Signed by Judge Andrew L. Carter, Jr on 8/12/2016) (kgo)
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| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Fairness Hearing held on 8/12/2016. David C. Harrison and Peter A. Muhic for Plaintiff(s). Patrick N. Petrocelli and Melvin A. Brosterman for Defendants Goldman Sachs and Arrow Corporate Member Holdings, LLC. Ryan A. Becker for Defendant Litton Loan. See transcript for complete details. (Court Reporter: Steven Greenblum)(tdh) |
| Filing 243 LETTER addressed to Judge Andrew L. Carter, Jr. from Marsha M. Pillich dated 7/14/2016 re: Note of new address. (kgo) Modified on 8/12/2016 (kgo). |
| Filing 242 LETTER from Rachel Z. Harper,non-party, dated 8/5/16 re: REQUEST TO APPEAR & SPEAK TO THE SETTLEMENT/LYON ET AL. V. LITTON SERVICING, LP, ET AL. (sc) |
| Filing 241 DECLARATION of Peter A. Muhic in Support re: #238 MOTION for Attorney Fees Motion for Award of Attorneys' Fees, Reimbursement of Expenses, and Approval of Service Award to Named Plaintiffs., #235 MOTION for Settlement Final Approval of Class Action Settlement.. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A, #2 Exhibit B)(Muhic, Peter) |
| Filing 240 LETTER from Steven L. Dye dated 7/15/2016 re: NOTIFICATION REGARDING Case: 13-cv-513. (rdz) |
| Filing 239 MEMORANDUM OF LAW in Support re: #238 MOTION for Attorney Fees Motion for Award of Attorneys' Fees, Reimbursement of Expenses, and Approval of Service Award to Named Plaintiffs. . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Muhic, Peter) |
| Filing 238 MOTION for Attorney Fees Motion for Award of Attorneys' Fees, Reimbursement of Expenses, and Approval of Service Award to Named Plaintiffs. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Text of Proposed Order)(Muhic, Peter) |
| Filing 237 DECLARATION of Peter A. Muhic in Support re: #235 MOTION for Settlement Final Approval of Class Action Settlement.. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Muhic, Peter) |
| Filing 236 MEMORANDUM OF LAW in Support re: #235 MOTION for Settlement Final Approval of Class Action Settlement. . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Muhic, Peter) |
| Filing 235 MOTION for Settlement Final Approval of Class Action Settlement. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Text of Proposed Order)(Muhic, Peter) |
| Filing 234 LETTER from Ruedi Hill re: Non-party Ruedi Hill informs the Court that he/she will not attend the Final Approval Hearing; and he/she requests that any funds due to him/her be forwarded to 8108 Cutter Hill Avenue, Forth Worth, Texas 76134. (sc) |
| Filing 233 LETTER from Laquita Jackson, a non-party re: MOTION TO APPEAL AT THE COURT'S FINAL APPROVAL HEARING. (sc) Modified on 6/22/2016 (sc). |
| Filing 231 LETTER addressed to Judge Andrew L. Carter, Jr. from non-parties, Jeffrey and Sylvia Dunn, dated 6/1/16 re: LETTER OF OBJECTION. Document filed by Jeffrey and Sylvia Dunn.(sc) Modified on 6/7/2016 (sc). |
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Filing 230
ORDER withdrawing #221 Motion for Attorney Fees; granting #229 Motion to Withdraw. On April 1, 2016, third parties Law Office of Sheri L. Kelly and Himmelstein Law Network moved for an award of attorneys' fees and reimbursement of expenses in this action. (ECF No. 221.) On April 22, 2016, this Court received notice that the third parties wished to withdraw that motion. (ECF No. 229.) Accordingly, the Clerk of Court is respectfully directed to terminate ECF Nos. 221 and 229. (Signed by Judge Andrew L. Carter, Jr on 4/27/2016) (kgo)
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| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Fairness Hearing held on 4/22/2016. (tdh) |
| Filing 229 NOTICE OF MOTION to Withdraw #224 Declaration in Support of Motion, #223 Declaration in Support of Motion, #222 Memorandum of Law in Support of Motion, #221 MOTION for Attorney Fees. Document filed by Sheri L. Kelly and Barry Himmelstein.(sac) |
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Filing 228
FINAL APPROVAL ORDER AND JUDGMENT. ORDER AND FINAL JUDGMENT in favor of Jimmy Lyons, Jacqueline Lyons, and Sheila Heard against Defendants American Modern Insurance Group, Inc., American Modern HomeInsurance Company, the Atlas Insurance Agency, Inc., Midwest Enterprises, Inc., American Family Home Insurance Company, American Modern Surplus Lines Insurance Company, American Western Home Insurance Company, American Southern Home Insurance Company, American Modern Insurance Company of Florida, Inc., American Modern Select Insurance Company, and American Modern Lloyds Insurance Company ("AMIG Defendants"). IT IS HEREBY ORDERED: 1. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court finally certifies this Action as a class action, for the purposes of this Settlement only. 2. With respect to the Class, the Court finds and concludes that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied as further set forth in this Order. 3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of this Settlement only, the Court hereby affirms its determinations in the Preliminary Approval Order and finally appoints Lead Plaintiffs as class representatives for the Class, and finally appoints Kessler Topaz Meltzer & Check, LLP, Berger & Montague, P.C., and Lowey Dannenberg Cohen & Hart, P.C. as counsel for the Class. 4. Pursuant to and in compliance with Rule 23 of the Federal Rules of Civil Procedure, the Court hereby finds that due and adequate notice of these proceedings was directed to all persons and entities who are Class Members, advising them of the Settlement, and of their right to object thereto, and a full and fair opportunity was accorded to all persons and entities who are Class Members to be heard with respect to the Settlement. 5. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court finds that the Settlement is fair, reasonable and adequate, and in the best interests of the Class Members. The Settlement is hereby approved in all respects and shall be consummated in accordance with the terms and provisions of the Agreement of Settlement, dated December 21, 2015 (the "Settlement"). 6. All claims asserted against the AMIG Defendants in this Action, including all individual claims and class claims, are hereby dismissed on the merits and with prejudice against the Plaintiffs and all other Settlement Class Members, without fees or costs to any Party except as otherwise provided herein. 7. Notwithstanding any of the releases, nothing in this Judgment shall bar any action by any of the Settling Parties to enforce or effectuate the terms of the Settlement, the Preliminary Approval Order, or this Judgment. (Signed by Judge Andrew L. Carter, Jr on 4/22/2016). Text entry made as per Chambers. (rjm) (Additional attachment(s) added on 4/22/2016: #1 Right to Appeal Form #1, #2 Right to Appeal #2) (rjm).
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Filing 227
ORDER GRANTING PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES, AND APPROVAL OF SERVICE AWARD TO NAMED PLAINTIFFS. IT IS ORDERED AND ADJUDGED: 1. All of the capitalized terms used herein shall have the same meaning as set forth in the Settlement Agreement dated as of December 21, 2015 and filed with the Court. 2. This Court has jurisdiction over the subject matter of this application and all matters relating thereto, including all members of the Settlement Class. 3. Class Counsel are hereby awarded attorneys' fees of $1,373,500.00 and reimbursement of expenses in the sum of $26,084 (the "Attorneys' Fees and Expenses"), to be paid from the Settlement Fund. The Court finds that the amount of fees awarded is appropriate, fair, and reasonable given the substantial risks of non-recovery, the time and effort involved, and the result obtained for the Settlement Class. 4. Each of the named Plaintiffs (Jimmy and Jacqueline Lyons, jointly, and Sheila Heard, individually) that entered into the Settlement Agreement is awarded $2,500 as a Case Contribution Award, for a total of $5,000, as defined in the Settlement Agreement, in recognition of their contributions to this Action. Granting #217 Motion for Attorney Fees. (Signed by Judge Andrew L. Carter, Jr on 4/22/2016) (rjm)
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| Filing 226 DECLARATION of Peter A. Muhic in Support re: #214 MOTION for Settlement Final Approval of Class Action Settlement., #217 MOTION for Attorney Fees Motion for Award of Attorneys' Fees, Reimbursement of Expenses, and Approval of Service Award to Named Plaintiffs.. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Muhic, Peter) |
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Filing 225
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, CERTIFYING CLASS FOR SETTLEMENT PURPOSES, DIRECTING THE ISSUANCE OF CLASS NOTICE, AND SCHEDULING FINAL APPROVAL HEARING granting #210 Motion to Approve Final Approval of Class Action Settlement; granting #214 Motion for Settlement. The Court preliminarily certifies the Settlement Class for purposes of settlement only, under Fed. R. Civ. P. 23(a) and (b)(3). The Settlement Class shall consist of all borrowers who have or had a residential mortgage loan or line of credit on property in the United States owned, originated and/or serviced by one or more of the Litton Defendants and, in connection therewith, were charged an LPI Premium on the property during the period January 1, 2006 through [Preliminary Approval Date]. The following herein are excluded from the Settlement Class. Within thirty (30) calendar days following the Preliminary Approval Date, the Litton Defendants will deposit the sum of four million, one hundred twenty-one thousand dollars ($4,121,000) into an account held by and under the control of the Settlement Administrator to establish the Settlement Fund. A hearing regarding final approval of the Settlement will be held at 11:00 am on August 12, 2016 in Courtroom 1306 before the Honorable Andrew L. Carter, Jr., to determine, among other things: (a) whether the Settlement should be approved as fair, reasonable, and adequate; and the following as further set forth herein. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 4/20/2016) (kgo)
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| Set/Reset Hearings: Settlement Conference set for 8/12/2016 at 11:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. (kgo) |
| Filing 224 DECLARATION OF SHERI L. KELLY IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS' FEES & REIMBURSEMENT OF EXPENSES; re: #221 MOTION for Attorney Fees. (sc) |
| Filing 223 DECLARATION OF BARRY HIMMELSTEIN IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS' FEES & EXPENSES; re: #221 MOTION for Attorney Fees. (sc) |
| Filing 222 INTERESTED PARTIES LAW OFFICE OF SHERI L. KELLY AND HIMMELSTEIN LAW NETWORK'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR THE AWARD OF ATTORNEYS' FEES & REIMBURSEMENT OF EXPENSES; re: #221 MOTION for Attorney Fees. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(sc) |
| Filing 221 NOTICE OF MOTION & MOTION OF INTERESTED PARTIES LAW OFFICE OF SHERI L. KELLY, AND HIMMELSTEIN LAW NETWORK FOR AWARD OF ATTORNEYS' FEES & REIMBURSEMENT OF EXPENSES..(sc) |
| Filing 218 MEMORANDUM OF LAW in Support re: #217 MOTION for Attorney Fees Motion for Award of Attorneys' Fees, Reimbursement of Expenses, and Approval of Service Award to Named Plaintiffs. . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Muhic, Peter) |
| Filing 217 MOTION for Attorney Fees Motion for Award of Attorneys' Fees, Reimbursement of Expenses, and Approval of Service Award to Named Plaintiffs. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Text of Proposed Order)(Muhic, Peter) |
| Filing 216 DECLARATION of of Peter A. Muhic in Support re: #214 MOTION for Settlement Final Approval of Class Action Settlement.. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Muhic, Peter) |
| Filing 215 MEMORANDUM OF LAW in Support re: #214 MOTION for Settlement Final Approval of Class Action Settlement. . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Muhic, Peter) |
| Filing 214 MOTION for Settlement Final Approval of Class Action Settlement. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Text of Proposed Order)(Muhic, Peter) |
| Filing 213 DECLARATION of Peter A. Muhic in Support re: #210 MOTION to Approve Preliminary Approval of Class Action Settlement .. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Muhic, Peter) |
| Filing 211 MEMORANDUM OF LAW in Support re: #210 MOTION to Approve Preliminary Approval of Class Action Settlement . . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Muhic, Peter) |
| Filing 210 MOTION to Approve Preliminary Approval of Class Action Settlement . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons.(Muhic, Peter) |
| Filing 212 LETTER from non-parties, Bernard Eubanks and Mary L. Boler-Eubanks, re: OBJECTING TO THE SETTLEMENT. (sc) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Show Cause Hearing held on 2/4/2016. Tyler S. Graden for Plaintiff(s). Mark A. Johnson and Rodger Eckelberry for Defendant American Modern. Melvin Brosterman for Defendant(s) Goldman Sachs & Arrow. (tdh) |
| The scheduling conference previously set for 2/17/2016 at 5:00 PM before Magistrate Judge Henry B. Pitman is adjourned sine die. (bh) |
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Filing 209
MEMO ENDORSEMENT granting #206 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. (Signed by Magistrate Judge Henry B. Pitman on 2/3/2016) (lmb)
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| A scheduling conference is set for 2/17/2016 at 5:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh) |
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Filing 208
OPINION AND ORDER re: #190 JOINT MOTION to Dismiss Filed Pursuant to this Court's Order to Show Cause. filed by Morgan Stanley, Standard Guaranty Insurance Company, Assurant, Inc., Saxon Mortgage Services Inc., Arrow Corporate Member Holdings LLC, Litton Loan Servicing LP, American Security Insurance Company, Goldman Sachs Group, Inc., #192 MOTION for Reconsideration of the Assurant Defendants' Rule 12(b)(1) Motion to Dismiss. filed by Assurant, Inc., American Security Insurance Company. For the reasons above, the Court DENIES the Assurant Defendants' motion for partial reconsideration of their Rule 12(b)(1) motion to dismiss (ECF No. 192) and GRANTS the Assurant Defendants', Litton Defendants', and Saxon Defendants' motion to dismiss the claims of Plaintiffs Johnnie and Jacqueline Erving and Heard, filed pursuant to this Court's Order to show cause. (ECF No. 190.) The surviving claims are: (1) the claims brought by Plaintiffs Jacqueline and Jimmy Lyons against the Litton Defendants; and (2) the claims brought by Plaintiffs Jacqueline and Jimmy Lyons and Heard against the American Modem Defendants. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 2/2/2016) (kgo)
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Filing 207
ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, CERTIFYING CLASS FOR SETTLEMENT PURPOSES, DIRECTING THE ISSUANCE OF CLASS NOTICE, AND SCHEDULING FINAL APPROVAL HEARING granting #197 Motion to Approve Preliminary approval of class action settlement. IT IS HEREBY ORDERED THAT: The Plaintiffs and the AMIG Defendants have negotiated a potential settlement of this Action to avoid the expense, uncertainties and burden of protracted litigation. The Court has carefully reviewed the Agreement, including the Exhibits, as well as the files, records, and proceedings to date in the Lyons Action. The terms and conditions in the Agreement are incorporated herein as though fully set forth in this Order. A hearing regarding final approval of the Settlement will be held at 10:00 am on April 22, 2016 in Courtroom 1306, before the Honorable Andrew L. Carter, Jr. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 1/14/2016) (spo)
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| Set/Reset Hearings: Status Conference set for 4/22/2016 at 10:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr. (spo) |
| Filing 206 MOTION for Wesley M. Griffith to Withdraw as Attorney . Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc..(Diehl, Benjamin) |
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Filing 205
MEMO ENDORSEMENT granting #204 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Wesley Griffith terminated. (Signed by Judge Andrew L. Carter, Jr on 1/11/2016) (kgo)
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| Filing 204 MOTION for Wesley M. Griffith to Withdraw as Attorney . Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc..(Griffith, Wesley) |
| Filing 203 REPLY MEMORANDUM OF LAW in Support re: #192 MOTION for Reconsideration of the Assurant Defendants' Rule 12(b)(1) Motion to Dismiss. . Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Burt, Frank) |
| Filing 202 JOINT REPLY MEMORANDUM OF LAW in Support re: #190 JOINT MOTION to Dismiss Filed Pursuant to this Court's Order to Show Cause. . Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Burt, Frank) |
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Filing 201
ORDER ADJOURNING HEARING: On September 29, 2015, the Court ordered Plaintiffs to show cause why the above-captioned cases should not be dismissed against all Defendants on the grounds that the filed-rate doctrine precludes Plaintiffs' claims. The show-cause hearing previously scheduled for January 8, 2016, at 10:00 a.m. is ADJOURNED to Thursday, February 4, 2016, at 10:00 a.m. The parties should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. As previously ordered, Defendants' reply briefs, if any, must be submitted by January 8, 2016. (Show Cause Hearing set for 2/4/2016 at 10:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 12/28/2015) (kgo)
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Filing 200
ORDER ADJOURNING HEARING. On September 29, 2015, the Court ordered Plaintiffs to show cause why the above-captioned cases should not be dismissed against all Defendants on the grounds that the filed-rate doctrine precludes Plaintiffs' claims. The show-cause hearing previously scheduled for January 8, 2016, at 10:00 a.m. is ADJOURNED to Thursday, February 4, 2016, at 10:00 a.m. The parties should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. As previously ordered, Defendants' reply briefs, if any, must be submitted by January 8, 2016. SO ORDERED. (Show Cause Hearing set for 2/4/2016 at 10:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 12/28/2015) (adc)
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| Filing 199 DECLARATION of Peter A. Muhic in Support re: #197 MOTION to Approve (Preliminarily) Class Action Settlement .. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Carson, Shanon) |
| Filing 198 MEMORANDUM OF LAW in Support re: #197 MOTION to Approve (Preliminarily) Class Action Settlement . . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Carson, Shanon) |
| Filing 197 MOTION to Approve (Preliminarily) Class Action Settlement . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons.(Carson, Shanon) |
| Filing 196 RESPONSE in Opposition to Motion re: #192 MOTION for Reconsideration of the Assurant Defendants' Rule 12(b)(1) Motion to Dismiss. . Document filed by Frances Erving, Johnnie Erving, Sheila D. Heard. (Muhic, Peter) |
| Filing 195 DECLARATION of Tyler S. Graden in Opposition re: #190 JOINT MOTION to Dismiss Filed Pursuant to this Court's Order to Show Cause.. Document filed by Frances Erving, Johnnie Erving, Sheila D. Heard. (Attachments: #1 Exhibit A)(Graden, Tyler) |
| Filing 194 RESPONSE in Opposition to Motion re: #190 JOINT MOTION to Dismiss Filed Pursuant to this Court's Order to Show Cause. . Document filed by Frances Erving, Johnnie Erving, Sheila D. Heard. (Muhic, Peter) |
| Filing 193 MEMORANDUM OF LAW in Support re: #192 MOTION for Reconsideration of the Assurant Defendants' Rule 12(b)(1) Motion to Dismiss. . Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Burt, Frank) |
| Filing 192 MOTION for Reconsideration of the Assurant Defendants' Rule 12(b)(1) Motion to Dismiss. Document filed by American Security Insurance Company, Assurant, Inc..(Burt, Frank) |
| Filing 191 MEMORANDUM OF LAW in Support re: #190 JOINT MOTION to Dismiss Filed Pursuant to this Court's Order to Show Cause. . Document filed by American Security Insurance Company, Arrow Corporate Member Holdings LLC, Assurant, Inc., Goldman Sachs Group, Inc., Litton Loan Servicing LP, Morgan Stanley, Saxon Mortgage Services Inc., Standard Guaranty Insurance Company. (Burt, Frank) |
| Filing 190 JOINT MOTION to Dismiss Filed Pursuant to this Court's Order to Show Cause. Document filed by American Security Insurance Company, Arrow Corporate Member Holdings LLC, Assurant, Inc., Goldman Sachs Group, Inc., Litton Loan Servicing LP, Morgan Stanley, Saxon Mortgage Services Inc., Standard Guaranty Insurance Company.(Burt, Frank) |
| Filing 189 MEMO ENDORSEMENT on re: #187 Letter filed by Goldman Sachs Group, Inc. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 11/9/2015) (lmb) |
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Filing 188
MEMO ENDORSEMENT on re: #187 Letter filed by Goldman Sachs Group, Inc.. ENDORSEMENT: SO ORDERED. Attorney Lisa M. Simonetti terminated. (Signed by Judge Andrew L. Carter, Jr on 11/9/2015) (kgo)
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| Filing 187 LETTER addressed to Judge Andrew L. Carter, Jr. from Lisa M. Simonetti dated Nov. 6, 2015 re: Request for Permission to Withdraw as Counsel for Goldman Sachs Group Inc.. Document filed by Goldman Sachs Group, Inc..(Simonetti, Lisa) |
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Filing 186
ORDER EXTENDING BRIEFING SCHEDULE AND ADJOURNING HEARING TO SHOW CAUSE granting #184 Letter Motion for Extension of Time. That request is GRANTED. The new briefing schedule is as follows: Defendants' Opening Brief November 20, 2015. Plaintiffs' Response December 21, 2015. Defendants' Reply (if any) January 8, 2016. The show cause hearing previously scheduled for December 11, 2015, is ADJOURNED to January 8, 2016, at 10:00 a.m. The parties should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. (Signed by Judge Andrew L. Carter, Jr on 10/20/2015) (spo) (Main Document 186 replaced on 10/22/2015) (spo).
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Filing 185
MEMO ENDORSEMENT granting #183 Motion to Stay. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/20/2015) (spo) Modified on 10/21/2015 (spo).
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| Set/Reset Deadlines: Motions due by 11/20/2015. Responses due by 12/21/2015. Replies due by 1/8/2016. Set/Reset Hearings: Show Cause Hearing set for 1/8/2016 at 10:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr. (spo) |
| Filing 184 LETTER MOTION for Extension of Time / requesting roughly 30-day extension of the deadlines associated with show cause hearing (DE 182) addressed to Judge Andrew L. Carter, Jr. from Brian V. Otero dated October 19, 2015. Document filed by Litton Loan Servicing LP, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC.(Otero, Brian) |
| Filing 183 JOINT MOTION to Stay . Document filed by American Modern Home Insurance Company, American Modern Insurance Group.(Eckelberry, Rodger) |
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Filing 182
ORDER TO SHOW CAUSE: Plaintiffs are hereby ORDERED TO SHOW CAUSE as to why this action should not be dismissed against all Defendants on the grounds that the filed rate doctrine precludes Plaintiffs' claims against both the Insurer and Loan Servicing Defendants. See Rothstein, 794 F.3d 256. Counsel for all parties shall appear at the order to show cause hearing in this matter on Friday, December 11, 2015 at 10:00 a.m. in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY. Defendants may file a consolidated motion to dismiss pursuant to Rule 12(b)(6), of no more than 20 pages, specifying which claims involve FPI/LPI rates approved by regulators, by or on Monday, October 26, 2015.5 Plaintiffs response, likewise not to exceed 20 pages, is due by or on Monday, November 23, 2015. Defendants' may file a reply (not to exceed 5 pages), if necessary, by or on Monday, December 7, 2015. This terminates Defendants' respective motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF Nos. 147, 150, 154, 157, and 161). (As further set forth in this Order.) Show Cause Hearing set for 12/11/2015 at 10:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 9/29/2015) (kgo)
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| Set/Reset Deadlines: Motions due by 10/26/2015. Responses due by 11/23/2015 Replies due by 12/7/2015. (kgo) |
| Filing 181 LETTER addressed to Judge Andrew L. Carter, Jr. from Frank G. Burt dated September 15, 2015 re: Court of Appeals order denying Rothstein plaintiffs' petitions for panel rehearing or for rehearing en banc. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A)(Burt, Frank) |
| Filing 180 LETTER addressed to Judge Andrew L. Carter, Jr. from Frank G. Burt dated August 13, 2015 re: Response to Letter submitted by Plaintiffs on August 7, 2015. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company.(Burt, Frank) |
| Filing 179 LETTER addressed to Judge Andrew L. Carter, Jr. from Peter A. Muhic dated August 7, 2015 re: Response to the Letter submitted by Defendants on July 28, 2015. Document filed by Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A)(Muhic, Peter) |
| Filing 178 LETTER addressed to Judge Andrew L. Carter, Jr. from Frank G. Burt dated July 28, 2015 re: Defendants' Motions to Dismiss. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit Exhibit A to Lyons Letter)(Burt, Frank) |
| Filing 177 NOTICE of of Related Decision re: #167 Memorandum of Law in Opposition to Motion, #166 Memorandum of Law in Opposition to Motion. Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A)(Muhic, Peter) |
| Filing 176 NOTICE of Related Decision re: #147 MOTION to Dismiss .. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A)(Solomon, Andrew) |
| Filing 175 NOTICE OF CHANGE OF ADDRESS by Matthew Minerva on behalf of Morgan Stanley, Saxon Mortgage Services Inc.. New Address: Morgan Lewis & Bockius LLP, 101 Park Avenue, New York, New York, United States 10178, 212-309-6000. (Minerva, Matthew) |
| Filing 174 NOTICE OF CHANGE OF ADDRESS by Mary Gail Gearns on behalf of Morgan Stanley, Saxon Mortgage Services Inc.. New Address: Morgan Lewis & Bockius LLP, 101 Park Avenue, New York, New York, United States 10178, 212-309-6000. (Gearns, Mary Gail) |
| Filing 173 NOTICE of Related Decision Supporting Arguments Made by the Assurant Defendants in Their Motion to Dismiss re: #169 Reply Memorandum of Law in Support of Motion, #148 Memorandum of Law in Support of Motion, #147 MOTION to Dismiss .. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A)(Solomon, Andrew) |
| Filing 172 REPLY MEMORANDUM OF LAW in Support re: #161 MOTION to Dismiss . . Document filed by Morgan Stanley, Saxon Mortgage Services Inc.. (Gearns, Mary Gail) |
| Filing 171 REPLY MEMORANDUM OF LAW in Support re: #154 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by Litton Loan Servicing LP. (Otero, Brian) |
| Filing 170 REPLY MEMORANDUM OF LAW in Support re: #150 MOTION to Dismiss Second Amended Class Action Complaint. . Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc.. (Brosterman, Melvin) |
| Filing 169 REPLY MEMORANDUM OF LAW in Support re: #147 MOTION to Dismiss . . Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 168 REPLY MEMORANDUM OF LAW in Support re: #157 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Johnson, Mark) |
| Filing 167 MEMORANDUM OF LAW in Opposition re: #150 MOTION to Dismiss Second Amended Class Action Complaint., #154 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint., #157 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit A)(Harrison, David) |
| Filing 166 MEMORANDUM OF LAW in Opposition re: #161 MOTION to Dismiss ., #147 MOTION to Dismiss . . Document filed by Frances Erving, Johnnie Erving. (Attachments: #1 Exhibit A)(Harrison, David) |
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Filing 165
ORDER FOR ADMISSION PRO HAC VICE granting #164 Motion for Benjamin G. Diehl to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 3/3/2015) (spo)
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| Filing 164 MOTION for Benjamin Gary Diehl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10650932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Goldman Sachs Group, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Order For Admission Pro Hac Vice)(Diehl, Benjamin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #164 MOTION for Benjamin Gary Diehl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10650932. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 163 DECLARATION of Mary Gail Gearns in Support re: #161 MOTION to Dismiss .. Document filed by Morgan Stanley, Saxon Mortgage Services Inc.. (Attachments: #1 Exhibit 1- Hazard Insurance Authorization, Requirements and Disclosure Form, #2 Exhibit 2- Escrow Waiver Agreement, #3 Exhibit 3- Home Affordable Modification Agreement, #4 Exhibit 4- Letter and Enclosure)(Gearns, Mary Gail) |
| Filing 162 MEMORANDUM OF LAW in Support re: #161 MOTION to Dismiss . . Document filed by Morgan Stanley, Saxon Mortgage Services Inc.. (Gearns, Mary Gail) |
| Filing 161 MOTION to Dismiss . Document filed by Morgan Stanley, Saxon Mortgage Services Inc..(Gearns, Mary Gail) |
| Filing 160 DECLARATION of Declaration of Jessica Wehrum in Support re: #157 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Attachments: #1 Exhibit 1-1- Blanket Policy, #2 Exhibit 1-2- Blanket Policy, #3 Exhibit 1-3- Blanket Policy, #4 Exhibit 1-4- Blanket Policy)(Johnson, Mark) |
| Filing 159 DECLARATION of Declaration of Melissa Deller in Support re: #157 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Attachments: #1 Exhibit 1 - Summary Sheet, Rates and Rules)(Johnson, Mark) |
| Filing 158 MEMORANDUM OF LAW in Support re: #157 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Johnson, Mark) |
| Filing 157 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. Document filed by American Modern Home Insurance Company, American Modern Insurance Group. Responses due by 3/23/2015(Johnson, Mark) |
| Filing 156 DECLARATION of Brian V. Otero, Esq. in Support re: #154 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by Litton Loan Servicing LP. (Attachments: #1 Exhibit A, Part 1 of 4 to Declaration of Brian V. Otero, Esq., #2 Exhibit A, Part 2 of 4 to Declaration of Brian V. Otero, Esq., #3 Exhibit A, Part 3 of 4 to Declaration of Brian V. Otero, Esq., #4 Exhibit A, Part 4 of 4 to Declaration of Brian V. Otero, Esq., #5 Exhibit B, Part 1 of 3 to Declaration of Brian V. Otero, Esq., #6 Exhibit B, Part 2 of 3 to Declaration of Brian V. Otero, Esq., #7 Exhibit B, Part 3 of 3 to Declaration of Brian V. Otero, Esq., #8 Exhibit C to Declaration of Brian V. Otero, #9 Exhibit D to Declaration of Brian V. Otero, #10 Exhibit E to Declaration of Brian V. Otero)(Otero, Brian) |
| Filing 155 MEMORANDUM OF LAW in Support re: #154 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by Litton Loan Servicing LP. (Otero, Brian) |
| Filing 154 MOTION to Dismiss / Notice of Motion to Dismiss Plaintiffs' Second Amended Complaint. Document filed by Litton Loan Servicing LP.(Otero, Brian) |
| Filing 153 NOTICE OF APPEARANCE by Patrick Nicholas Petrocelli on behalf of Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc.. (Petrocelli, Patrick) |
| Filing 152 MEMORANDUM OF LAW in Support re: #150 MOTION to Dismiss Second Amended Class Action Complaint. . Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc.. (Brosterman, Melvin) |
| Filing 151 DECLARATION of Melvin A. Brosterman in Support re: #150 MOTION to Dismiss Second Amended Class Action Complaint.. Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc.. (Attachments: #1 Exhibit A)(Brosterman, Melvin) |
| Filing 150 MOTION to Dismiss Second Amended Class Action Complaint. Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc..(Brosterman, Melvin) |
| Filing 149 DECLARATION of Frank Burt in Support re: #147 MOTION to Dismiss .. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A)(Solomon, Andrew) |
| Filing 148 MEMORANDUM OF LAW in Support re: #147 MOTION to Dismiss . . Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 147 MOTION to Dismiss . Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company.(Solomon, Andrew) |
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Filing 146
SCHEDULING ORDER: All discovery in these matters is stayed until the resolution of defendants anticipated 12 (b) (6) motion. Motions due by 2/20/2015. Responses due by 3/23/2015. Replies due by 4/6/2015. (Signed by Magistrate Judge Henry B. Pitman on 1/21/2015) Copies Sent By Chambers. (lmb)
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Filing 145
MEMO ENDORSEMENT granting #144 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. Attorney Karen Elizabeth Abravanel terminated. (Signed by Magistrate Judge Henry B. Pitman on 1/6/2015) (lmb)
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| Filing 144 MOTION for Karen E. Abravanel to Withdraw as Attorney . Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company.(Abravanel, Karen) |
| The Pretrial Conference originally set for 12/18/14 is adjourned until 1/20/2015 at 11:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh) |
| Filing 143 LETTER addressed to Magistrate Judge Henry B. Pitman from Karen E. Abravanel dated 12/16/2014 re: Request for Adjournment of December 18, 2014 Pretrial Conference. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company.(Abravanel, Karen) |
| A Pretrial Conference is set for 12/18/2014 at 03:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh) |
| Filing 142 NOTICE OF CHANGE OF ADDRESS by Matthew Minerva on behalf of Morgan Stanley, Saxon Mortgage Services Inc.. New Address: Morgan, Lewis & Bockius LLP, 399 Park Avenue, NY, NY, USA 10022, 212-705-7000. (Minerva, Matthew) |
| Filing 141 NOTICE OF CHANGE OF ADDRESS by Mary Gail Gearns on behalf of Morgan Stanley, Saxon Mortgage Services Inc.. New Address: Morgan, Lewis & Bockius LLP, 399 Park Avenue, NY, NY, USA 10022, 212-705-7000. (Gearns, Mary Gail) |
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Filing 140
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned and pursuant to Local Civil Rule 1.4, that the law firm Hunton & Williams, LLP hereby is substituted in place of the law firm Buckley Sandler LLP as counsel of record for Defendants Litton Loan Servicing LP, Ocwen Loan Servicing, LLC, and Ocwen Financial Corporation in the above-captioned actions, and as further set forth. Attorney Richard E. Gottlieb and Fredrick S. Levin terminated. (Signed by Judge Andrew L. Carter, Jr on 10/29/2014) (rjm)
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Filing 139
ORDER. Assurant Defendants moved to dismiss Plaintiffs' claims pursuant to Federal Rule of Civil Procedure 12(b)(1). (ECF No. 97). For reasons to be discussed more fully in a forthcoming order, Assurant Defendants' Motion to Dismiss is DENIED. re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21 filed by Standard Guaranty Insurance Company, Assurant, Inc., American Security Insurance Company. (Signed by Judge Andrew L. Carter, Jr on 9/30/2014) (rjm)
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Filing 138
OPINION AND ORDER #104858 re: #109 MOTION to Sever filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc., #107 MOTION to Sever filed by Morgan Stanley, Saxon Mortgage Services Inc., #95 MOTION to Sever filed by American Modern Insurance Group, American Modern Home Insurance Company, #111 MOTION to Sever filed by OCWEN Financial Corporation, Litton Loan Servicing LP, OCWEN Loan Servicing, LLC, #97 MOTION to Dismiss the Second Amended Class Action Complaint MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21 filed by Standard Guaranty Insurance Company, Assurant, Inc., American Security Insurance Company. For the reasons set forth above, Defendants' motions to sever (ECF Nos. 95, 97, 107, 109, and 111) are DENIED without prejudice, with leave to renew the motions at a later date to be determined by the Court. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/29/2014) (ama) Modified on 10/14/2014 (soh).
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| Filing 137 NOTICE OF APPEARANCE by Ryan Andrew Becker on behalf of Litton Loan Servicing LP, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC. (Becker, Ryan) |
| Filing 136 NOTICE OF APPEARANCE by Stephen Roy Blacklocks on behalf of Litton Loan Servicing LP, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC. (Blacklocks, Stephen) |
| Filing 135 NOTICE OF APPEARANCE by Brian V Otero on behalf of Litton Loan Servicing LP, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC. (Otero, Brian) |
| Filing 134 NOTICE of Supplemental Authority re: #98 Memorandum of Law in Support of Motion,. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 133 NOTICE of Supplemental Authority re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc.. (Solomon, Andrew) |
| Filing 132 NOTICE of Related Decision re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 131 NOTICE of Supplemental Authority re: #118 Memorandum of Law in Opposition to Motion,. Document filed by Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Muhic, Peter) |
| Filing 130 NOTICE of Partial Voluntary Dismissal by Plaintiff Anthony Papapietro Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Document filed by ANTHONY PAPAPIETRO. (Harrison, David) |
| Filing 129 NOTICE of Supplemental Authority re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 128 NOTICE OF CHANGE OF ADDRESS by Matthew Minerva on behalf of Morgan Stanley, Saxon Mortgage Services Inc.. New Address: Bingham McCutchen LLP, 399 Park Avenue, New York, NY, USA 10022, (212) 705-7000. (Minerva, Matthew) |
| Filing 127 NOTICE OF APPEARANCE by Matthew Minerva on behalf of Morgan Stanley, Saxon Mortgage Services Inc.. (Minerva, Matthew) |
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Filing 126
ORDER: granting #120 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/7/2014) (djc)
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| Filing 125 REPLY MEMORANDUM OF LAW in Support re: #111 MOTION to Sever.. Document filed by Litton Loan Servicing LP, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC. (Levin, Fredrick) |
| Filing 124 REPLY MEMORANDUM OF LAW in Support re: #107 MOTION to Sever.. Document filed by Morgan Stanley, Saxon Mortgage Services Inc.. (Gearns, Mary Gail) |
| Filing 123 OPPOSITION BRIEF re: #119 Opposition Brief, Reply in Support of Assurant Defendants' Request for Judicial Notice. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company.(Solomon, Andrew) |
| Filing 122 REPLY MEMORANDUM OF LAW in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 121 JOINT REPLY MEMORANDUM OF LAW in Support re: #109 MOTION to Sever., #95 MOTION to Sever., #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Modern Home Insurance Company, American Modern Insurance Group, American Security Insurance Company, Arrow Corporate Member Holdings LLC, Assurant, Inc., Goldman Sachs Group, Inc., Standard Guaranty Insurance Company. (Johnson, Mark) |
| Filing 120 LETTER MOTION for Leave to File Excess Pages For Joint Reply in Support of Motions to Sever addressed to Judge Andrew L. Carter, Jr. from Mark A. Johnson dated March 5, 2014. Document filed by American Modern Home Insurance Company, American Modern Insurance Group, American Security Insurance Company, Arrow Corporate Member Holdings LLC, Assurant, Inc., Goldman Sachs Group, Inc., Standard Guaranty Insurance Company.(Johnson, Mark) |
| Filing 119 OPPOSITION BRIEF re: #106 Notice (Other), Notice (Other) Opposition to Assurant Defendants' Request for Judicial Notice. Document filed by Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons, ANTHONY PAPAPIETRO.(Harrison, David) |
| Filing 118 MEMORANDUM OF LAW in Opposition re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons, ANTHONY PAPAPIETRO. (Harrison, David) |
| Filing 117 MEMORANDUM OF LAW in Opposition re: #109 MOTION to Sever., #107 MOTION to Sever., #95 MOTION to Sever., #111 MOTION to Sever.. Document filed by Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons, ANTHONY PAPAPIETRO. (Harrison, David) |
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Filing 116
ORDER FOR ADMISSION PRO HAC VICE granting #115 Motion for Wesley M. Griffith to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 2/3/2014) (ft)
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| Filing 115 MOTION for Wesley M. Griffith to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9316098. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc.. (Attachments: #1 Text of Proposed Order Order for Admission Pro Hace Vice)(Griffith, Wesley) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #115 MOTION for Wesley M. Griffith to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9316098. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 114
ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Frederick S. Levin dated 1/29/14 re: Counsel writes on behalf of all parties to request that the Court adjourn the status conference set for Friday, January 31, 2014, and request that the Court enter the following briefing schedule with respect to all motions filed on January 21: (1) Plaintiffs' responses to the motions will be due February 14, 2014, (2) Defendants' replies will be due March 7, 2014. ENDORSEMENT: So ordered. (Signed by Judge Andrew L. Carter, Jr on 1/30/2014) (mro)
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| Filing 113 NOTICE OF APPEARANCE by David Charles Harrison on behalf of Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Sheila D. Heard, Jimmy Lyons, Jacqueline Lyons, ANTHONY PAPAPIETRO. (Harrison, David) |
| Filing 112 MEMORANDUM OF LAW in Support re: #111 MOTION to Sever.. Document filed by Litton Loan Servicing LP, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC. (Levin, Fredrick) |
| Filing 111 MOTION to Sever. Document filed by Litton Loan Servicing LP, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC.(Levin, Fredrick) |
| Filing 110 MEMORANDUM OF LAW in Support re: #109 MOTION to Sever.. Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc.. (Simonetti, Lisa) |
| Filing 109 MOTION to Sever. Document filed by Arrow Corporate Member Holdings LLC, Goldman Sachs Group, Inc..(Simonetti, Lisa) |
| Filing 108 MEMORANDUM OF LAW in Support re: #107 MOTION to Sever.. Document filed by Morgan Stanley, Saxon Mortgage Services Inc.. (Gearns, Mary Gail) |
| Filing 107 MOTION to Sever. Document filed by Morgan Stanley, Saxon Mortgage Services Inc..(Gearns, Mary Gail) |
| Filing 106 NOTICE of Request for Judicial Notice in Support of Assurant Defendants' Motion to Dismiss Complaint re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 105 DECLARATION of Rebecca H. Voyles in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (Part 1 of 2), #9 Exhibit 8 (Part 2 of 2), #10 Exhibit 9, #11 Exhibit 10 (Part 1 of 2), #12 Exhibit 10 (Part 2 of 2), #13 Exhibit 11, #14 Exhibit 12 (Part 1 of 2), #15 Exhibit 12 (Part 2 of 2), #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19)(Solomon, Andrew) |
| Filing 104 DECLARATION of Jessica Olich in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 103 DECLARATION of Ronald K. Wilson regarding Anothy Papapietro in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Solomon, Andrew) |
| Filing 102 DECLARATION of Ronald K. Wilson regarding Sheila Heard in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Solomon, Andrew) |
| Filing 101 DECLARATION of Ronald K. Wilson regarding Frances and Jonnie Erving in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Solomon, Andrew) |
| Filing 100 DECLARATION of Ronald K. Wilson regarding Lisa Chamberlin Engelhardt in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Solomon, Andrew) |
| Filing 99 DECLARATION of Ronald K. Wilson regarding Gerald Coulthurst in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Errata H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Solomon, Andrew) |
| Filing 98 MEMORANDUM OF LAW in Support re: #97 MOTION to Dismiss the Second Amended Class Action Complaint. MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21.. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
| Filing 97 MOTION to Dismiss the Second Amended Class Action Complaint., MOTION to Sever Improperly Pled Claims Pursuant to Fed. R. Civ. P. 21. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company.(Solomon, Andrew) |
| Filing 96 MEMORANDUM OF LAW in Support re: #95 MOTION to Sever.. Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Johnson, Mark) |
| Filing 95 MOTION to Sever. Document filed by American Modern Home Insurance Company, American Modern Insurance Group.(Johnson, Mark) |
| Filing 94 NOTICE of Change in Firm Name and Contact Information. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Burt, Frank) |
| Filing 93 SECOND AMENDED COMPLAINT amending #37 Amended Complaint against American Modern Home Insurance Company, American Modern Insurance Group, American Security Insurance Company, Arrow Corporate Member Holdings LLC, Assurant, Inc., Goldman Sachs Group, Inc., Litton Loan Servicing LP, Morgan Stanley, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC, Saxon Mortgage Services Inc., Standard Guaranty Insurance Company with JURY DEMAND.Document filed by ANTHONY PAPAPIETRO, Gerald Coulthurst, Jimmy Lyons, Johnnie Erving, Frances Erving, Jacqueline Lyons, Enrique Dominguez, Lisa Chamberlin Engelhardt, Sheila D. Heard. Related document: #37 Amended Complaint, filed by Johnnie Erving, Jimmy Lyons, Gerald Coulthurst, Jacqueline Lyons, Enrique Dominguez, Frances Erving, Lisa Chamberlin Engelhardt. (Attachments: #1 Amended Complaint part 2)(mro) (Additional attachment(s) added on 11/22/2013: #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit) (mro). (Additional attachment(s) added on 11/22/2013: #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit) (mro). (Additional attachment(s) added on 11/22/2013: #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Exhibit, #63 Exhibit, #64 Exhibit, #65 Exhibit, #66 Exhibit, #67 Exhibit, #68 Exhibit, #69 Exhibit, #70 Exhibit, #71 Exhibit, #72 Exhibit, #73 Exhibit, #74 Exhibit, #75 Exhibit, #76 Exhibit) (mro). (Additional attachment(s) added on 11/22/2013: #77 Exhibit, #78 Exhibit, #79 Exhibit, #80 Exhibit, #81 Exhibit, #82 Exhibit) (mro). |
| Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/29/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 91 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/29/2013 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Sabrina D'Emidio, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/9/2013. Redacted Transcript Deadline set for 12/19/2013. Release of Transcript Restriction set for 2/18/2014.(McGuirk, Kelly) |
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Filing 90
ORDER: The above case having been assigned to me for all purposes, it is herebyORDERED that the Clerk of Court shall reflect this case as related to 13 Civ. 513. (Signed by Judge Andrew L. Carter, Jr on 11/5/2013) (js)
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Filing 89
ORDER granting #46 Motion for Frank G. Burt to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 11/4/2013) (sac)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Frank G. Burt to Appear Pro Hac Vice with Attachment "A" and Certificates of Good Standing. Filing fee $ 200.00, receipt number 0208-8742730. Motion and supporting papers to be reviewed by Clerk's. The document has been reviewed and there are no deficiencies. (wb) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 10/29/2013. Jeanne D'Esposito, Shanon Carson, Patrick Madden, David C. Harrison and Tyler Graden for Plaintiff(s). Frederick Levin and Caroline Eisner for Defendants Litton, Ocwen Financial and Ocwen Loan. Lisa Simonetti for Defendant Goldman Sachs. Mary Gears, Robert Stillwell and Melvin Brosterman for Defendants Saxon, Morgan Stanley and Arrow. William Merten and Andrew Solomon for Defendants Assurant, American Security and Standard. Mark Johnson and Rodger L. Eckelberry for Defendants American Modern Insurance and American Modern Home. Amended Complaint due by 11/19/2013. Defendants Motions due by 1/21/2014. Status Conference set for 1/31/2014 at 10:00 a.m. Court Reporter: Sabrina D' Emidio. (tdh) |
| Filing 88 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Mortgage Capital Holdings LLC, Corporate Parent Saxon Capital, Inc., Corporate Parent Morgan Stanley, Corporate Parent SCI Services, Inc., Corporate Parent Saxon Capital Holdings, Inc., Other Affiliate Mitsubishi UFJ Financial Group, Inc. for Saxon Mortgage Services Inc.. Document filed by Saxon Mortgage Services Inc..(Gearns, Mary Gail) |
| Filing 87 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Mitsubishi UFJ Financial Group, Inc. for Morgan Stanley. Document filed by Morgan Stanley.(Gearns, Mary Gail) |
| Filing 86 NOTICE OF APPEARANCE by Robert Carl Stillwell on behalf of Morgan Stanley, Saxon Mortgage Services Inc.. (Stillwell, Robert) |
| Filing 85 NOTICE OF APPEARANCE by Mary Gail Gearns on behalf of Morgan Stanley, Saxon Mortgage Services Inc.. (Gearns, Mary Gail) |
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Filing 84
ORDER FOR ADMISSION PRO HAC VICE granting #81 Motion for Peter A. Muhic to Appear Pro Hac Vice. Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 10/23/2013) (ft)
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Filing 83
ORDER FOR ADMISSION PRO HAC VICE granting #82 Motion for Tyler S. Graden to Appear Pro Hac Vice. Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 10/23/2013) (ft) Modified on 10/23/2013 (ft).
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| Filing 82 MOTION for Tyler S. Graden to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8999828. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Jimmy Lyons, Jacqueline Lyons, ANTHONY PAPAPIETRO. (Attachments: #1 Text of Proposed Order)(Graden, Tyler) |
| Filing 81 MOTION for Peter A. Muhic to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8999780. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Jimmy Lyons, Jacqueline Lyons, ANTHONY PAPAPIETRO. (Attachments: #1 Text of Proposed Order)(Muhic, Peter) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #82 MOTION for Tyler S. Graden to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8999828. Motion and supporting papers to be reviewed by Clerk's Office staff., #81 MOTION for Peter A. Muhic to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8999780. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 80
ORDER FOR ADMISSION PRO HAC VICE granting #79 Motion for Patrick F. Madden to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 10/16/2013) (rjm)
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| Filing 79 MOTION for Patrick F. Madden to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8974212. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Text of Proposed Order)(Madden, Patrick) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #79 MOTION for Patrick F. Madden to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8974212. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 78 LETTER addressed to Judge Andrew L. Carter, Jr. from Andrew T. Solomon dated 10/10/13 re: Response to Plaintiffs' Notice of Supplemental Authority. Document filed by American Security Insurance Company, Standard Guaranty Insurance Company.(Solomon, Andrew) |
| Filing 77 NOTICE OF APPEARANCE by Caroline Kathryn Eisner on behalf of Litton Loan Servicing LP, OCWEN Financial Corporation, OCWEN Loan Servicing, LLC. (Eisner, Caroline) |
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Filing 76
ORDER FOR ADMISSION PRO HAC VICE OF JULIANNA THOMAS MCCABE granting #75 Motion for Julianna Thomas McCabe to Appear Pro Hac Vice. Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 10/3/2013) (ft)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #75 MOTION for Julianna Thomas McCabe to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8943386. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 75 MOTION for Julianna Thomas McCabe to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8943386. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Text of Proposed Order)(McCabe, Julianna) |
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Filing 74
ENDORSED LETTER: addressed to Judge Andrew L. Carter, Jr. from Fredrick S. Levin dated 9/27/2013 re: Accordingly the parties request that the Court schedule a pre-motion conference on October 29, 2013 at a time selected by the court. ENDORSEMENT: A pre-motion conference is scheduled for 10/29/2013 at 10:00 a.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 10/2/2013) (js)
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| Filing 73 NOTICE OF APPEARANCE by Karen Elizabeth Abravanel on behalf of American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Abravanel, Karen) |
| Filing 72 NOTICE OF APPEARANCE by Andrew Todd Solomon on behalf of American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Solomon, Andrew) |
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Filing 71
ORDER FOR ADMISSION PRO HAC VICE granting #66 Motion for Robert J. Tucker to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 9/6/2013) (rsh)
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Filing 70
ORDER FOR ADMISSION PRO HAC VICE granting #65 Motion for Joseph E. Ezzie to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 9/5/2013) (ft)
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Filing 68
ORDER FOR ADMISSION PRO HAC VICE granting #64 Motion for Rodger Lee Eckelberry to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 9/5/2013) (ft)
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Filing 67
ORDER FOR ADMISSION PRO HAC VICE granting #63 Motion for Mark A. Johnson to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 9/5/2013) (ft)
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| ***DELETED DOCUMENT. Deleted document number 69 ORDER FOR ADMISSION PRO HAC VICE. The document was incorrectly filed in this case. (ft) |
| Filing 66 MOTION for Robert James Tucker to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8838818. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Attachments: #1 Exhibit A- Certificate of Good Standing, #2 Text of Proposed Order)(Tucker, Robert) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Robert James Tucker to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8838818. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (bwa) |
| Filing 65 MOTION for Joseph E. Ezzie to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8830232. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Ezzie, Joseph) |
| Filing 64 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8830116. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Eckelberry, Rodger) |
| Filing 63 MOTION for Mark A. Johnson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8830006. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Modern Home Insurance Company, American Modern Insurance Group. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Johnson, Mark) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Rodger L. Eckelberry to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8830116. Motion and supporting papers to be reviewed by Clerk's Office staff., #63 MOTION for Mark A. Johnson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8830006. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #65 MOTION for Joseph E. Ezzie to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8830232. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 62 NOTICE OF CHANGE OF ADDRESS by Fredrick S. Levin on behalf of OCWEN Financial Corporation. New Address: BuckleySandler LLP, 100 Wilshire Blvd., Suite 100, Santa Monica, CA, USA 90401, (310) 424-3900. (Levin, Fredrick) |
| Filing 61 NOTICE OF CHANGE OF ADDRESS by Richard E. Gottlieb on behalf of OCWEN Financial Corporation. New Address: BuckleySandler LLP, 100 Wilshire Blvd., Suite 100, Santa Monica, CA, USA 90401, (310) 424-3900. (Gottlieb, Richard) |
| Filing 60 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Munich Reinsurance Company, Corporate Parent Midland-Guardian Co., Corporate Parent The Midland Company, Corporate Parent Munich American Holding Corp., Corporate Parent American Modern Insurance Group, Inc. for American Modern Home Insurance Company. Document filed by American Modern Home Insurance Company.(Resnick, Lauren) |
| Filing 59 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Munich Reinsurance Company, Corporate Parent Midland-Guardian Co., Corporate Parent The Midland Company, Corporate Parent Munich American Holding Corp. for American Modern Insurance Group. Document filed by American Modern Insurance Group.(Resnick, Lauren) |
| Filing 58 NOTICE OF APPEARANCE by Lauren J. Resnick on behalf of American Modern Home Insurance Company, American Modern Insurance Group. (Resnick, Lauren) |
| Filing 57 NOTICE OF APPEARANCE by Milo Silberstein on behalf of Gerald Coulthurst, Enrique Dominguez, Lisa Chamberlin Engelhardt, Frances Erving, Johnnie Erving, Jimmy Lyons, Jacqueline Lyons, ANTHONY PAPAPIETRO. (Silberstein, Milo) |
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Filing 56
STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT: Therefore, It is hereby stipulated and agreed, by and among the undersigned counsel for the parties that defendants American Modern insurance Group, and American Modern Home Insurance Company, while reserving all rights, claims, and defenses, shall have through September 17, 2013, to answer or otherwise respond to the FAC, including (without limitation) by making pre-motion conference requests. So Ordered (Signed by Judge Andrew L. Carter, Jr on 8/20/2013) (js)
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| Filing 55 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,. OCWEN Loan Servicing, LLC served on 8/9/2013, answer due 8/30/2013. Service was accepted by Joyce Markley. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (Ruggiero, Noelle-Kristen) |
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Filing 54
ORDER EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND: Upon the agreement of the parties, through their respective counsel, and the Court being fully advised in the premises, the parties' Stipulation is approved in its entirety. So Ordered (Signed by Judge Andrew L. Carter, Jr on 8/9/2013) (js)
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| Filing 53 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,. Arrow Corporate Member Holdings LLC served on 8/6/2013, answer due 8/27/2013. Service was accepted by Melanie McGrath. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (Ruggiero, Noelle-Kristen) |
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Filing 52
ORDER EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND: Upon the agreement of the parties, through their respective counsel, and the Court being fully advised in the premises, the parties' Stipulation is approved in its entirety. So Ordered (Signed by Judge Andrew L. Carter, Jr on 8/2/2013) (js)
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Filing 51
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned and pursuant to Local Civil Rule 1.4, that the law firm Buckley Sandler LLP hereby is substituted in place of the law firm Dykema Gossett PLLC as counsel of record for Defendants Litton Loan Servicing LP and Ocwen Financial Corporation in the above captioned action. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/02/2013) (ama)
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| Filing 50 WAIVER OF SERVICE RETURNED EXECUTED. Morgan Stanley waiver sent on 7/19/2013, answer due 9/17/2013. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (Ruggiero, Noelle-Kristen) |
| Filing 49 WAIVER OF SERVICE RETURNED EXECUTED. Saxon Mortgage Services Inc. waiver sent on 7/19/2013, answer due 9/17/2013. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (Ruggiero, Noelle-Kristen) |
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Filing 48
ORDER FOR ADMISSION PRO HAC VICE OF WILLIAM GLENN MERTEN granting #47 Motion for William Glenn Merten to Appear Pro Hac Vice. Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 8/1/2013) (ft)
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| Filing 47 MOTION for William Glenn Merten to Appear Pro Hac Vice with Attachment "A" and Certificates of Good Standing. Filing fee $ 200.00, receipt number 0208-8743028. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Text of Proposed Order)(Merten, William) |
| Filing 46 MOTION for Frank G. Burt to Appear Pro Hac Vice with Attachment "A" and Certificates of Good Standing. Filing fee $ 200.00, receipt number 0208-8742730. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company. (Attachments: #1 Text of Proposed Order)(Burt, Frank) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #47 MOTION for William Glenn Merten to Appear Pro Hac Vice with Attachment "A" and Certificates of Good Standing. Filing fee $ 200.00, receipt number 0208-8743028. Motion and supporting papers to be reviewed by. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 45
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned and pursuant to Local Civil Rule 1.4, that the law firm BuckleySandler LLP hereby is substituted in place of the law firm Dykema Gossett PLLC as counsel of record for Defendants Litton Loan Servicing LP and Ocwen Financial Corporation in the above-captioned action. Attorney Dawn N. Williams terminated. (Signed by Magistrate Judge Henry B. Pitman on 7/30/2013) (ft)
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| Filing 44 WAIVER OF SERVICE RETURNED EXECUTED. Standard Guaranty Insurance Company waiver sent on 7/19/2013, answer due 9/17/2013. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (D'Esposito, Jeanne) |
| Filing 43 WAIVER OF SERVICE RETURNED EXECUTED. Assurant, Inc. waiver sent on 7/19/2013, answer due 9/17/2013. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (D'Esposito, Jeanne) |
| Filing 42 WAIVER OF SERVICE RETURNED EXECUTED. American Security Insurance Company waiver sent on 7/19/2013, answer due 9/17/2013. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (D'Esposito, Jeanne) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Fredrick S. Levin to E-MAIL Document No. #39 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 41 SUMMONS RETURNED EXECUTED. American Modern Insurance Group served on 7/25/2013, answer due 8/15/2013. Service was accepted by Angie Reckers, Paralegal. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (D'Esposito, Jeanne) |
| Filing 40 SUMMONS RETURNED EXECUTED. American Modern Home Insurance Company served on 7/25/2013, answer due 8/15/2013. Service was accepted by Angie Reckers, Paralegal. Document filed by ANTHONY PAPAPIETRO; Gerald Coulthurst; Jimmy Lyons; Johnnie Erving; Frances Erving; Jacqueline Lyons ; Enrique Dominguez; Lisa Chamberlin Engelhardt. (D'Esposito, Jeanne) |
| Filing 39 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Substitute Attorney. Old Attorney: Fredrick S. Levin, New Attorney: Fredrick S. Levin. Document filed by Litton Loan Servicing LP, OCWEN Financial Corporation. (Attachments: #1 Supplement DECLARATION PURSUANT TO LOCAL CIVIL RULE 1.4)(Levin, Fredrick) Modified on 7/30/2013 (db). |
| Filing 38 CERTIFICATE OF SERVICE of Summons and Amended Complaint,,,,,,,. Document filed by Gerald Coulthurst, Jimmy Lyons, Johnnie Erving, Frances Erving, Jacqueline Lyons, Enrique Dominguez, Lisa Chamberlin Engelhardt, ANTHONY PAPAPIETRO. (Ruggiero, Noelle-Kristen) |
| Filing 37 FIRST AMENDED COMPLAINT amending #1 Complaint against Goldman Sachs Group, Inc., Litton Loan Servicing LP, OCWEN Financial Corporation, Arrow Corporate Member Holdings LLC, Saxon Mortgage Services Inc., Morgan Stanley, Assurant, Inc., American Security Insurance Company, Standard Guaranty Insurance Company, American Modern Insurance Group, American Modern Home Insurance Company with JURY DEMAND.Document filed by Jimmy Lyons, Jacqueline Lyons, Johnnie Erving, Frances Erving, Enrique Dominguez, Gerald Coulthurst, Lisa Chamberlin Engelhardt. Related document: #1 Complaint filed by Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 1-C, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23-A, #26 Exhibit 23-B, #27 Exhibit 23-C, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52, #57 Exhibit 53, #58 Exhibit 54, #59 Exhibit 55, #60 Exhibit 56, #61 Exhibit 57, #62 Exhibit 58, #63 Exhibit 59)(ft) |
| Filing 36 NOTICE OF APPEARANCE by Scott Vincent Papp on behalf of Jimmy Lyons, Jacqueline Lyons. (Papp, Scott) |
| Filing 35 NOTICE OF APPEARANCE by Jeanne F. D'Esposito on behalf of Jimmy Lyons, Jacqueline Lyons. (D'Esposito, Jeanne) |
| Filing 34 NOTICE OF APPEARANCE by Barbara J. Hart on behalf of Jimmy Lyons, Jacqueline Lyons. (Hart, Barbara) |
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Filing 33
ORDER FOR ADMISSION PRO HAC VICE granting #31 Motion for Dawn N. Williams to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 6/7/2013) (ft)
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Filing 32
ORDER FOR ADMISSION PRO HAC VICE granting #30 Motion for Edward W. Somers to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 6/7/2013) (ft)
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| Filing 31 MOTION for Dawn N. Williams to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8581372. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Litton Loan Servicing LP, OCWEN Financial Corporation.(Williams, Dawn) |
| Filing 30 MOTION for Edward W. Somers to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8580718. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Litton Loan Servicing LP, OCWEN Financial Corporation.(Somers, Edward) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Edward W. Somers to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8580718. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Dawn N. Williams to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8581372. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE granting #28 Motion for Fredrick S. Levin to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 6/4/2013) (ft)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Fredrick S. Levin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8564041. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) |
| Filing 28 MOTION for Fredrick S. Levin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8564041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Litton Loan Servicing LP, OCWEN Financial Corporation.(Levin, Fredrick) |
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Filing 27
ORDER EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND: Upon the agreement of the parties, through their respective counsel, and the Court being fully advised in the premises, the parties' Stipulation is approved in its entirety. THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the parties, as follows: Defendants, while reserving all rights, claims and defenses, including (without limitation) any objection to the jurisdiction of the Court, shall have, in the interim, through June 10, 2013, to answer or otherwise respond to the Complaint, including (without limitation) by making pre-motion conference requests. IT IS SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/14/2013) (rsh)
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| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Goldman Sachs Group, Inc..(Murphy, Quinlan) |
| Filing 25 NOTICE OF APPEARANCE by Quinlan Daniel Murphy on behalf of Goldman Sachs Group, Inc. (Murphy, Quinlan) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate OCWEN Loan Servicing, LLC, Other Affiliate Ocwen Capital Management, LLC, Other Affiliate Ocwen Financial Corporation for Litton Loan Servicing LP. Document filed by Litton Loan Servicing LP.(Gottlieb, Richard) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by OCWEN Financial Corporation.(Gottlieb, Richard) |
| Filing 22 NOTICE OF APPEARANCE by Richard E. Gottlieb on behalf of Litton Loan Servicing LP, OCWEN Financial Corporation (Gottlieb, Richard) |
| Filing 21 NOTICE OF APPEARANCE by Charles Joseph LaDuca on behalf of Jimmy Lyons, Jacqueline Lyons (LaDuca, Charles) |
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Lisa M. Simonetti to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 4/30/2013) (ft)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Catherine Huang to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 4/30/2013) (ft)
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| Filing 18 SUMMONS RETURNED EXECUTED. Litton Loan Servicing LP served on 4/22/2013, answer due 5/13/2013. Service was accepted by Van Tracy. Document filed by Jacqueline Lyons ; Jimmy Lyons. (Carson, Shanon) |
| Filing 17 SUMMONS RETURNED EXECUTED. Goldman Sachs Group, Inc. served on 4/19/2013, answer due 5/10/2013. Service was accepted by Deborah A. Rivera. Document filed by Jacqueline Lyons ; Jimmy Lyons. (Carson, Shanon) |
| Filing 16 SUMMONS RETURNED EXECUTED. OCWEN Financial Corporation served on 4/22/2013, answer due 5/13/2013. Service was accepted by Alysha Smith. Document filed by Jacqueline Lyons ; Jimmy Lyons. (Carson, Shanon) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 AMENDED MOTION for Catherine Huang to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #15 AMENDED MOTION for Lisa M. Simonetti to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) |
| Filing 15 AMENDED MOTION for Lisa M. Simonetti to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Goldman Sachs Group, Inc..(Simonetti, Lisa) |
| Filing 14 AMENDED MOTION for Catherine Huang to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Goldman Sachs Group, Inc..(Huang, Catherine) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Catherine Huang to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8453781. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Goldman Sachs Group, Inc..(Huang, Catherine) Modified on 4/25/2013 (bcu). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lisa Marie Simonetti to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8453644. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Goldman Sachs Group, Inc..(Simonetti, Lisa) Modified on 4/25/2013 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #13 MOTION for Catherine Huang to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8453781. Motion and supporting papers to be reviewed by Clerk's Office staff., #12 MOTION for Lisa Marie Simonetti to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8453644. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificates of Good Standing must be issued from the State Court of California. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) |
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Jennifer E. Kelly to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 3/6/2013) (ft)
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| Filing 10 MOTION for Jennifer E. Kelly to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8275401. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Exhibit DC Certificate of Good Standing, #2 Exhibit MD Certificate of Good Standing, #3 Text of Proposed Order)(Kelly, Jennifer) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Jennifer E. Kelly to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8275401. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Pro Hac Vice Fee Refunded: for #3 MOTION for Shanon J. Carson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-8207226, for the following reason(s): DUPLICATE PAYMENT. (dig) |
| Pro Hac Vice Fee Refunded: for #4 MOTION for Sarah Schalman-Bergen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8206983. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-8206983, for the following reason(s): DUPLICATE PAYMENT. (dig) |
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Filing 9
ORDER FOR ADMISSION PRO HAC VICE:: granting #7 Motion for Shanon J. Carson to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 2/14/2013) (js)
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Filing 8
ORDER FOR ADMISSION PRO HAC VICE: granting #6 Motion for Sarah R. Schalman-Bergen to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 2/14/2013) (js)
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| Filing 7 MOTION for Shanon J. Carson to Appear Pro Hac Vice on behalf of Plaintiffs. Filing fee $ 200.00, receipt number 0208-8217793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jimmy Lyons, Jacqueline Lyons.(Carson, Shanon) |
| Filing 6 MOTION for Sarah R. Schalman-Bergen to Appear Pro Hac Vice on behalf of Plaintiffs. Filing fee $ 200.00, receipt number 0208-8217697. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jimmy Lyons, Jacqueline Lyons.(Schalman-Bergen, Sarah) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Sarah R. Schalman-Bergen to Appear Pro Hac Vice on behalf of Plaintiffs. Filing fee $ 200.00, receipt number 0208-8217697. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Shanon J. Carson to Appear Pro Hac Vice on behalf of Plaintiffs. Filing fee $ 200.00, receipt number 0208-8217793. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 5
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Andrew L. Carter, Jr on 2/6/2013) (ago)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #4 MOTION for Sarah Schalman-Bergen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8206983. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Expired Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bwa) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #3 MOTION for Shanon J. Carson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Expired Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bwa) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sarah Schalman-Bergen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8206983. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Text of Proposed Order)(Schalman-Bergen, Sarah) Modified on 2/6/2013 (bwa). |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Shanon J. Carson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jimmy Lyons, Jacqueline Lyons. (Attachments: #1 Text of Proposed Order)(Carson, Shanon) Modified on 2/6/2013 (bwa). |
| Pro Hac Vice Fee Payment: for #3 MOTION for Shanon J. Carson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-8207226.(Carson, Shanon) |
| Filing 2 NOTICE OF CASE ASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:12-cv-08992-ALC-HBP. Notice of Assignment to follow. (pgu) |
| Magistrate Judge Henry B. Pitman is so designated. (pgu) |
| Filing 1 COMPLAINT against Goldman Sachs Group, Inc., Litton Loan Servicing LP, OCWEN Financial Corporation. (Filing Fee $ 350.00, Receipt Number 465401058354)Document filed by Jacqueline Lyons, Jimmy Lyons.(jd) (Additional attachment(s) added on 1/25/2013: #1 Exhibit 1, #2 Exhibit 2-8, #4 Exhibit 20-26) (jd). (Additional attachment(s) added on 1/25/2013: #5 Exhibit 9-11, #6 Exhibit 9-11 part1, #7 Exhibit 9-11 part2) (jd). (Additional attachment(s) added on 1/25/2013: #8 Exhibit 12-14, #9 Exhibit 15-19) (jd). |
| SUMMONS ISSUED as to Goldman Sachs Group, Inc., Litton Loan Servicing LP, OCWEN Financial Corporation. (jd) |
| Case Designated ECF. (jd) |
| CASE REFERRED TO Judge Andrew L. Carter, Jr. as possibly related to 1:12-cv-8992. (jd) |
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