Powell et al v. Ocwen Financial Corporation et al
| Donald G Schaper, William R. Seehafer, Robert Wilson, Brian Jordan, Ronald E. Powell and Robert O'Toole |
| American Bankers Insurance Company of Florida, Standard Guaranty Insurance Company, HomeSure Services, Inc., American Security Insurance Company, Ocwen Loan Servicing, LLC, Assurant, Inc., Voyager Indemnity Insurance Company, Cross Country Home Holdings, Inc., HomeSure of America, Inc., Altisource Portfolio Solutions, S.A., Ocwen Financial Corporation, Altisource Residential Corporation, Ocwen Mortgage Servicing, Inc., Altisource Asset Management Corporation, HomeSure of Virginia, Inc., Wells Fargo Bank, N.A., Cross Country Homes Services, Inc., Altisource Online Auctions, Inc., Southwest Business Corporation, Altisource Solutions, Inc., Homesure Protection of Virginia Inc. and REALHome Services and Solutions, Inc. |
| 1:2018cv01951 |
| March 5, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Stewart D Aaron |
| Vernon S Broderick |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1109 Breach of Fiduciary Duties |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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Filing 278
NOTICE OF APPEAL from #276 Memorandum & Opinion,,, #277 Clerk's Judgment,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. Filing fee $ 505.00, receipt number ANYSDC-27947281. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Harrison, David)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #278 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #278 Notice of Appeal, filed by William R. Seehafer, Robert O'Toole, Ronald E. Powell, Brian Jordan, Robert Wilson, Donald G Schaper were transmitted to the U.S. Court of Appeals. (tp)
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Filing 277
CLERK'S JUDGMENT re: #276 Memorandum & Opinion. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated June 1, 2023, Moving Defendants' motion for summary judgment is GRANTED and Plaintiffs' motion for partial summary judgment is DENIED. Judgment entered in favor of all Defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/2/2023) (tp) (Main Document 277 replaced on 6/6/2023) (tp). Modified on 6/6/2023 (tp).
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Filing 276
OPINION AND ORDER re: #219 MOTION for Summary Judgment . filed by Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A., Ocwen Loan Servicing, LLC, Ocwen Financial Corporation, #224 MOTION for Summary Judgment Motion for Partial Summary Judgment. filed by William R. Seehafer, Robert O'Toole, Ronald E. Powell, Brian Jordan, Robert Wilson, Donald G Schaper. For the foregoing reasons, Moving Defendants' motion for summary judgment is GRANTED and Plaintiffs' motion for partial summary judgment is DENIED. The Clerk of Court is respectfully directed to terminate the open motions on the docket, to enter judgment in favor of all Defendants, and to close this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/1/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing 275
MEMO ENDORSEMENT granting #274 MOTION for Christina McPhaul to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Christina McPhaul terminated. (Signed by Judge Vernon S. Broderick on 9/8/2022) (jca)
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Filing 274
MOTION for Christina McPhaul to Withdraw as Attorney . Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Harrison, David)
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Filing 273
MEMO ENDORSEMENT granting #272 Motion to Withdraw as Attorney. ENDORSEMENT: Attorney Benjamin G. Minegar's motion to withdraw as counsel for Defendant Wells Fargo Bank, N.A. is granted. SO ORDERED. Attorney Benjamin Garrett Minegar terminated. (Signed by Judge Vernon S. Broderick on 6/24/2021) (vfr)
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Filing 272
MOTION for Benjamin G. Minegar to Withdraw as Attorney . Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit Declaration of Benjamin G. Minegar, #2 Certificate of Service).(Minegar, Benjamin)
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Filing 271
MEMO ENDORSEMENT granting #269 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Kenneth Patrick Herzinger terminated. (Signed by Judge Vernon S. Broderick on 5/3/2021) (kv)
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Filing 270
DECLARATION of Richard Jacobsen in Support re: #269 MOTION for Kenneth Herzinger to Withdraw as Attorney .. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc...(Jacobsen, Richard)
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Filing 269
MOTION for Kenneth Herzinger to Withdraw as Attorney . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc...(Jacobsen, Richard)
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Filing 268
RESPONSE re: #267 Notice (Other), Notice of Supplemental Authority. Document filed by Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 267
NOTICE of Supplemental Authority re: #219 MOTION for Summary Judgment ., #230 Memorandum of Law in Support of Motion,. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A).(Jacobsen, Richard)
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Filing 266
NOTICE OF CHANGE OF ADDRESS by Justin Silver Brooks on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. New Address: Guttman, Buschner & Brooks PLLC, 119 Coulter Avenue, Apt. 209, Ardmore, PA, United States 19003, (202) 800-3001..(Brooks, Justin)
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Filing 265
RESPONSE re: #264 Notice (Other) Notice of Supplemental Authority. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Jacobsen, Richard)
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Filing 264
NOTICE of Supplemental Authority. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit A - Proposed Florida Consent Judgment).(Brooks, Justin)
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Filing 263
ORDER denying #258 Motion for Leave to File Document. APPLICATION DENIED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/29/2020) (rro)
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Filing 262
ORDER granting #248 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/25/2020) (ks)
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Filing 261
ORDER granting #218 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/25/2020) (ks)
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Filing 260
REPLY MEMORANDUM OF LAW in Support re: #258 MOTION for Leave to File Sur-Reply in Opposition of Defendants' Motion for Summary Judgment. . Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 259
JOINT MEMORANDUM OF LAW in Opposition re: #258 MOTION for Leave to File Sur-Reply in Opposition of Defendants' Motion for Summary Judgment. . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Jacobsen, Richard)
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Filing 258
MOTION for Leave to File Sur-Reply in Opposition of Defendants' Motion for Summary Judgment. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Sur-Reply).(Brooks, Justin)
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Filing 257
DECLARATION of Justin S. Brooks in Support re: #224 MOTION for Summary Judgment Motion for Partial Summary Judgment.. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (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, #9 Exhibit 9).(Brooks, Justin)
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Filing 256
COUNTER STATEMENT TO Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 255
REPLY MEMORANDUM OF LAW in Support re: #224 MOTION for Summary Judgment Motion for Partial Summary Judgment. . Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 254
REPLY AFFIRMATION of Howard F. Sidman in Support re: #219 MOTION for Summary Judgment .. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 79, #2 Exhibit 80, #3 Exhibit 81, #4 Exhibit 82, #5 Exhibit 83).(Sidman, Howard)
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Filing 253
COUNTER STATEMENT TO #231 Rule 56.1 Statement, #223 Rule 56.1 Statement,. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Sidman, Howard)
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Filing 252
JOINT REPLY MEMORANDUM OF LAW in Support re: #219 MOTION for Summary Judgment . . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Sidman, Howard)
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Filing 251
LETTER addressed to Judge Vernon S. Broderick from Christina McPhaul dated April 28, 2020 re: Request to Remove Filing from Public Docket. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(McPhaul, Christina)
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Filing 250
NOTICE of Corrected Filing re: #247 Notice (Other),, #246 Declaration in Opposition to Motion,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit 30.1, #2 Exhibit 30.2, #3 Exhibit 30.3, #4 Exhibit 15.1, #5 Exhibit 15.2).(Brooks, Justin)
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Filing 249
***SELECTED PARTIES***NOTICE of Proposed Sealed Exhibit re: #248 LETTER MOTION to Seal Exhibit 15 addressed to Judge Vernon S. Broderick from Justin S. Brooks dated April 27, 2020.. Document filed by All Defendants. (Attachments: #1 Exhibit 15.1, #2 Exhibit 15.2)Motion or Order to File Under Seal: #248 .(Brooks, Justin)
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Filing 248
LETTER MOTION to Seal Exhibit 15 addressed to Judge Vernon S. Broderick from Justin S. Brooks dated April 27, 2020. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit 15.1, #2 Exhibit 15.2).(Brooks, Justin)
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Filing 247
NOTICE of Notice of Corrected Filing re: #244 Memorandum of Law in Opposition to Motion, #246 Declaration in Opposition to Motion,,, #245 Counter Statement to Rule 56.1. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Corrected Memorandum of Law in Opposition to Defendants Motion for Summary Judgment, #2 Corrected Local Rule 56.1 Counter Statement, #3 Exhibit 6, #4 Exhibit 15.1, #5 Exhibit 15.2, #6 Exhibit 17.1, #7 Exhibit 17.2, #8 Exhibit 31).(Brooks, Justin)
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Filing 246
DECLARATION of Justin S. Brooks in Opposition re: #219 MOTION for Summary Judgment .. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5.1, #6 Exhibit 5.2, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 16, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23.1, #22 Exhibit 23.2, #23 Exhibit 23.3, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 32, #31 Exhibit 33, #32 Exhibit 34, #33 Exhibit 35).(Brooks, Justin)
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Filing 245
COUNTER STATEMENT TO #223 Rule 56.1 Statement,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 244
MEMORANDUM OF LAW in Opposition re: #219 MOTION for Summary Judgment . . Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 243
DECLARATION of Howard F. Sidman in Opposition re: #224 MOTION for Summary Judgment Motion for Partial Summary Judgment.. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Sidman, Howard)
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Filing 242
COUNTER STATEMENT TO #227 Rule 56.1 Statement. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Sidman, Howard)
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Filing 241
MEMORANDUM OF LAW in Opposition re: #224 MOTION for Summary Judgment Motion for Partial Summary Judgment. . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Sidman, Howard)
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Filing 240
NOTICE OF APPEARANCE by Christina McPhaul on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(McPhaul, Christina)
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Filing 239
DECLARATION of Howard F. Sidman in Support re: #219 MOTION for Summary Judgment .. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3, #4 Exhibit 1 Part 4, #5 Exhibit 2, #6 Exhibit 3 Part1, #7 Exhibit 3 Part 2, #8 Exhibit 4, #9 Exhibit 5 Part 1, #10 Exhibit 5 Part 2, #11 Exhibit 5 Part 3, #12 Exhibit 5 Part 4, #13 Exhibit 6 Part 1, #14 Exhibit 6 Part 2, #15 Exhibit 7 Part 1, #16 Exhibit 7 Part 2, #17 Exhibit 7 Part 3, #18 Exhibit 7 Part 4, #19 Exhibit 7 Part 5, #20 Exhibit 8 Part 1, #21 Exhibit 8 Part 2, #22 Exhibit 9, #23 Exhibit 10 Part 1, #24 Exhibit 10 Part 2, #25 Exhibit 10 Part 3, #26 Exhibit 11 Part 1, #27 Exhibit 11 Part 2, #28 Exhibit 11 Part 3, #29 Exhibit 12 Part 1, #30 Exhibit 12 Part 2, #31 Exhibit 12 Part 3, #32 Exhibit 12 Part 4, #33 Exhibit 13 Part 1, #34 Exhibit 13 Part 2, #35 Exhibit 13 Part 3, #36 Exhibit 13 Part 4, #37 Exhibit 13 Part 5, #38 Exhibit 14 Part 1, #39 Exhibit 14 Part 2, #40 Exhibit 15 Part 1, #41 Exhibit 15 Part 2, #42 Exhibit 15 Part 3, #43 Exhibit 15 Part 4, #44 Exhibit 16, #45 Exhibit 17, #46 Exhibit 18 Part 1, #47 Exhibit 18 Part 2, #48 Exhibit 18 Part 3, #49 Exhibit 19 Part 1, #50 Exhibit 19 Part 2, #51 Exhibit 19 Part 3, #52 Exhibit 19 Part 4, #53 Exhibit 20 Part 1, #54 Exhibit 20 Part 2, #55 Exhibit 20 Part 3, #56 Exhibit 21, #57 Exhibit 22 Part 1, #58 Exhibit 22 Part 1, #59 Exhibit 23, #60 Exhibit 24 Part 1, #61 Exhibit 24 Part 2, #62 Exhibit 24 Part 3, #63 Exhibit 24 Part 4, #64 Exhibit 25 Part 1, #65 Exhibit 25 Part 2, #66 Exhibit 25 Part 3, #67 Exhibit 26 Part 1, #68 Exhibit 26 Part 2, #69 Exhibit 26 Part 3, #70 Exhibit 26 Part 4, #71 Exhibit 27, #72 Exhibit 28, #73 Exhibit 29, #74 Exhibit 30, #75 Exhibit 31 Part 1, #76 Exhibit 31 Part 2, #77 Exhibit 31 Part 3, #78 Exhibit 31 Part 4, #79 Exhibit 32, #80 Exhibit 33, #81 Exhibit 34, #82 Exhibit 35, #83 Exhibit 36, #84 Exhibit 37, #85 Exhibit 38, #86 Exhibit 39, #87 Exhibit 40, #88 Exhibit 41, #89 Exhibit 42, #90 Exhibit 43, #91 Exhibit 44, #92 Exhibit 45, #93 Exhibit 46, #94 Exhibit 47, #95 Exhibit 48, #96 Exhibit 49, #97 Exhibit 50, #98 Exhibit 51, #99 Exhibit 52, #100 Exhibit 53, #101 Exhibit 54, #102 Exhibit 55, #103 Exhibit 56, #104 Exhibit 57, #105 Exhibit 58, #106 Exhibit 59, #107 Exhibit 60, #108 Exhibit 61, #109 Exhibit 62, #110 Exhibit 63, #111 Exhibit 64, #112 Exhibit 65, #113 Exhibit 66, #114 Exhibit 67, #115 Exhibit 68, #116 Exhibit 69, #117 Exhibit 70, #118 Exhibit 71, #119 Exhibit 72, #120 Exhibit 73, #121 Exhibit 74, #122 Exhibit 75, #123 Exhibit 76, #124 Exhibit 77, #125 Exhibit 78).(Dollinger, Amanda)
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Filing 238
***SELECTED PARTIES***DECLARATION of Howard F. Sidman in Support re: #219 MOTION for Summary Judgment .. Document filed by Wells Fargo Bank, N.A., Altisource Asset Management Corporation, Altisource Online Auctions, Inc., Altisource Portfolio Solutions, S.A., Altisource Residential Corporation, Altisource Solutions, Inc., American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Brian Jordan, Robert O'Toole, Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Ronald E. Powell, REALHome Services and Solutions, Inc., Donald G Schaper, William R. Seehafer, Southwest Business Corporation, Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company, Robert Wilson. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3, #4 Exhibit 1 Part 4, #5 Exhibit 2, #6 Exhibit 3 Part 1, #7 Exhibit 3 Part 2, #8 Exhibit 4, #9 Exhibit 5 Part 1, #10 Exhibit 5 Part 2, #11 Exhibit 5 Part 3, #12 Exhibit 5 Part 4, #13 Exhibit 6 Part 1, #14 Exhibit 6 Part 2, #15 Exhibit 7 Part 1, #16 Exhibit 7 Part 2, #17 Exhibit 7 Part 3, #18 Exhibit 7 Part 4, #19 Exhibit 7 Part 5, #20 Exhibit 8 Part 1, #21 Exhibit 8 Part 2, #22 Exhibit 9, #23 Exhibit 10 Part 1, #24 Exhibit 10 Part 2, #25 Exhibit 10 Part 3, #26 Exhibit 11 Part 1, #27 Exhibit 11 Part 2, #28 Exhibit 11 Part 3, #29 Exhibit 12 Part 1, #30 Exhibit 12 Part 2, #31 Exhibit 12 Part 3, #32 Exhibit 12 Part 4, #33 Exhibit 13 Part 1, #34 Exhibit 13 Part 2, #35 Exhibit 13 Part 3, #36 Exhibit 13 Part 4, #37 Exhibit 13 Part 5, #38 Exhibit 14 Part 1, #39 Exhibit 14 Part 2, #40 Exhibit 15 Part 1, #41 Exhibit 15 Part 2, #42 Exhibit 15 Part 3, #43 Exhibit 15 Part 4, #44 Exhibit 16, #45 Exhibit 17, #46 Exhibit 18 Part 1, #47 Exhibit 18 Part 2, #48 Exhibit 18 Part 3, #49 Exhibit 19 Part 1, #50 Exhibit 19 Part 2, #51 Exhibit 19 Part 3, #52 Exhibit 19 Part 4, #53 Exhibit 20 Part 1, #54 Exhibit 20 Part 2, #55 Exhibit 20 Part 3, #56 Exhibit 21, #57 Exhibit 22 Part 1, #58 Exhibit 22 Part 2, #59 Exhibit 23, #60 Exhibit 24 Part 1, #61 Exhibit 24 Part 2, #62 Exhibit 24 Part 3, #63 Exhibit 24 Part 4, #64 Exhibit 25 Part 1, #65 Exhibit 25 Part 2, #66 Exhibit 25 Part 3, #67 Exhibit 26 Part 1, #68 Exhibit 26 Part 2, #69 Exhibit 26 Part 3, #70 Exhibit 26 Part 4, #71 Exhibit 27, #72 Exhibit 28, #73 Exhibit 29, #74 Exhibit 30, #75 Exhibit 31 Part 1, #76 Exhibit 31 Part 2, #77 Exhibit 31 Part 3, #78 Exhibit 31 Part 4, #79 Exhibit 32, #80 Exhibit 33, #81 Exhibit 34, #82 Exhibit 35, #83 Exhibit 36, #84 Exhibit 37, #85 Exhibit 38, #86 Exhibit 39, #87 Exhibit 40, #88 Exhibit 41, #89 Exhibit 42, #90 Exhibit 43 Part 1, #91 Exhibit 43 Part 2, #92 Exhibit 43 Part 3, #93 Exhibit 43 Part 4, #94 Exhibit 43 Part 5, #95 Exhibit 44, #96 Exhibit 45, #97 Exhibit 46, #98 Exhibit 47, #99 Exhibit 48, #100 Exhibit 49, #101 Exhibit 50, #102 Exhibit 51, #103 Exhibit 52, #104 Exhibit 53, #105 Exhibit 54, #106 Exhibit 55, #107 Exhibit 56, #108 Exhibit 57, #109 Exhibit 58, #110 Exhibit 59, #111 Exhibit 60, #112 Exhibit 61, #113 Exhibit 62, #114 Exhibit 63, #115 Exhibit 64, #116 Exhibit 65, #117 Exhibit 66, #118 Exhibit 67, #119 Exhibit 68, #120 Exhibit 69, #121 Exhibit 70, #122 Exhibit 71, #123 Exhibit 72, #124 Exhibit 73, #125 Exhibit 74, #126 Exhibit 75, #127 Exhibit 76 Part 1, #128 Exhibit 76 Part 2, #129 Exhibit 76 Part 3, #130 Exhibit 76 Part 4, #131 Exhibit 77, #132 Exhibit 78)Motion or Order to File Under Seal: #218 .(Dollinger, Amanda) Modified on 4/10/2020 (ad).
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Filing 237
ORDER granting #236 JOINT LETTER MOTION for Extension of Time to File Oppositions and Reply Briefing in Support of Motions for Summary Judgment. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/1/2020) (jca)
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Set/Reset Deadlines: Responses due by 4/17/2020, Replies due by 5/8/2020. (jca)
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Filing 236
JOINT LETTER MOTION for Extension of Time to File Oppositions and Reply Briefing in Support of Motions for Summary Judgment addressed to Judge Vernon S. Broderick from Justin S. Brooks, Counsel for Plaintiffs dated March 30, 2020. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 235
MEMO ENDORSEMENT on re: #233 Letter, filed by Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A., Ocwen Loan Servicing, LLC, Ocwen Financial Corporation. ENDORSEMENT: Defendant's request for oral argument is denied. If after reviewing the submissions of the parties I find that oral argument would be helpful I will schedule oral argument. (Signed by Judge Vernon S. Broderick on 3/9/2020) (rro)
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Filing 234
NOTICE of Notice of Corrected Exhibits re: #228 Declaration in Support of Motion,,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit Exhibit 10, #2 Exhibit Exhibit 19).(Brooks, Justin)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #226 Proposed Order was reviewed and approved as to form. (km)
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Filing 233
JOINT LETTER addressed to Judge Vernon S. Broderick from Richard A. Jacobsen and Howard F. Sidman dated March 6, 2020 re: Ocwen and Wells Fargo Defendants' Request for Oral Argument. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Dollinger, Amanda)
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Filing 232
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #239) - DECLARATION of Howard F. Sidman in Support re: #219 MOTION for Summary Judgment .. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 2, #6 Exhibit 3-1, #7 Exhibit 3-2, #8 Exhibit 4, #9 Exhibit 5-1, #10 Exhibit 5-2, #11 Exhibit 5-3, #12 Exhibit 5-4, #13 Exhibit 6-1, #14 Exhibit 6-2, #15 Exhibit 7-1, #16 Exhibit 7-2, #17 Exhibit 7-3, #18 Exhibit 7-4, #19 Exhibit 7-5, #20 Exhibit 8-1, #21 Exhibit 8-2, #22 Exhibit 9, #23 Exhibit 10-1, #24 Exhibit 10-2, #25 Exhibit 10-3, #26 Exhibit 11-1, #27 Exhibit 11-2, #28 Exhibit 11-3, #29 Exhibit 12-1, #30 Exhibit 12-2, #31 Exhibit 12-3, #32 Exhibit 12-4, #33 Exhibit 13-1, #34 Exhibit 13-2, #35 Exhibit 13-3, #36 Exhibit 13-4, #37 Exhibit 13-5, #38 Exhibit 14-1, #39 Exhibit 14-2, #40 Exhibit 15-1, #41 Exhibit 15-2, #42 Exhibit 15-3, #43 Exhibit 15-4, #44 Exhibit 16, #45 Exhibit 17, #46 Exhibit 18-1, #47 Exhibit 18-2, #48 Exhibit 18-3, #49 Exhibit 19-1, #50 Exhibit 19-2, #51 Exhibit 19-3, #52 Exhibit 19-4, #53 Exhibit 20-1, #54 Exhibit 20-2, #55 Exhibit 20-3, #56 Exhibit 21, #57 Exhibit 22-1, #58 Exhibit 22-2, #59 Exhibit 23, #60 Exhibit 24-1, #61 Exhibit 24-2, #62 Exhibit 24-3, #63 Exhibit 24-4, #64 Exhibit 25-1, #65 Exhibit 25-2, #66 Exhibit 25-3, #67 Exhibit 26-1, #68 Exhibit 26-2, #69 Exhibit 26-3, #70 Exhibit 26-4, #71 Exhibit 27, #72 Exhibit 28, #73 Exhibit 29, #74 Exhibit 30, #75 Exhibit 31-1, #76 Exhibit 31-2, #77 Exhibit 31-3, #78 Exhibit 31-4, #79 Exhibit 32, #80 Exhibit 33, #81 Exhibit 34, #82 Exhibit 35, #83 Exhibit 36, #84 Exhibit 37, #85 Exhibit 38, #86 Exhibit 39, #87 Exhibit 40, #88 Exhibit 41, #89 Exhibit 42, #90 Exhibit 43, #91 Exhibit 44, #92 Exhibit 45, #93 Exhibit 46, #94 Exhibit 47, #95 Exhibit 48, #96 Exhibit 49, #97 Exhibit 50, #98 Exhibit 51, #99 Exhibit 52, #100 Exhibit 53, #101 Exhibit 54, #102 Exhibit 55, #103 Exhibit 56, #104 Exhibit 57, #105 Exhibit 58, #106 Exhibit 59, #107 Exhibit 60, #108 Exhibit 61, #109 Exhibit 62, #110 Exhibit 63, #111 Exhibit 64, #112 Exhibit 65, #113 Exhibit 66, #114 Exhibit 67, #115 Exhibit 68, #116 Exhibit 69, #117 Exhibit 70, #118 Exhibit 71, #119 Exhibit 72, #120 Exhibit 73, #121 Exhibit 74, #122 Exhibit 75, #123 Exhibit 76, #124 Exhibit 77, #125 Exhibit 78).(Dollinger, Amanda) Modified on 4/16/2020 (ldi).
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Filing 231
RULE 56.1 STATEMENT. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Dollinger, Amanda)
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Filing 230
JOINT MEMORANDUM OF LAW in Support re: #219 MOTION for Summary Judgment . with proposed redactions applied. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Dollinger, Amanda)
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Filing 229
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #238) - ***SELECTED PARTIES***DECLARATION of Howard F. Sidman in Support re: #219 MOTION for Summary Judgment .. Document filed by Ocwen Financial Corporation, Wells Fargo Bank, N.A., Ocwen Mortgage Servicing, Inc., Ocwen Loan Servicing, LLC, Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 2, #6 Exhibit 3-1, #7 Exhibit 3-2, #8 Exhibit 4, #9 Exhibit 5-1, #10 Exhibit 5-2, #11 Exhibit 5-3, #12 Exhibit 5-4, #13 Exhibit 6-1, #14 Exhibit 6-1, #15 Exhibit 7-1, #16 Exhibit 7-2, #17 Exhibit 7-3, #18 Exhibit 7-4, #19 Exhibit 7-5, #20 Exhibit 8-1, #21 Exhibit 8-2, #22 Exhibit 9, #23 Exhibit 10-1, #24 Exhibit 10-2, #25 Exhibit 10-3, #26 Exhibit 11-1, #27 Exhibit 11-2, #28 Exhibit 11-3, #29 Exhibit 12-1, #30 Exhibit 12-2, #31 Exhibit 12-3, #32 Exhibit 12-4, #33 Exhibit 13-1, #34 Exhibit 13-2, #35 Exhibit 13-3, #36 Exhibit 13-4, #37 Exhibit 13-5, #38 Exhibit 14-1, #39 Exhibit 14-2, #40 Exhibit 15-1, #41 Exhibit 15-2, #42 Exhibit 15-3, #43 Exhibit 15-4, #44 Exhibit 16, #45 Exhibit 17, #46 Exhibit 18-1, #47 Exhibit 18-2, #48 Exhibit 18-3, #49 Exhibit 19-1, #50 Exhibit 19-2, #51 Exhibit 19-3, #52 Exhibit 19-4, #53 Exhibit 20-1, #54 Exhibit 20-2, #55 Exhibit 20-3, #56 Exhibit 21, #57 Exhibit 22-1, #58 Exhibit 22-2, #59 Exhibit 23, #60 Exhibit 24-1, #61 Exhibit 24-2, #62 Exhibit 24-3, #63 Exhibit 24-4, #64 Exhibit 25-1, #65 Exhibit 25-2, #66 Exhibit 25-3, #67 Exhibit 26-1, #68 Exhibit 26-2, #69 Exhibit 26-3, #70 Exhibit 26-4, #71 Exhibit 27, #72 Exhibit 28, #73 Exhibit 29, #74 Exhibit 30, #75 Exhibit 31-1, #76 Exhibit 31-2, #77 Exhibit 31-3, #78 Exhibit 31-4, #79 Exhibit 32, #80 Exhibit 33, #81 Exhibit 34, #82 Exhibit 35, #83 Exhibit 36, #84 Exhibit 37, #85 Exhibit 38, #86 Exhibit 39, #87 Exhibit 40, #88 Exhibit 41, #89 Exhibit 42, #90 Exhibit 43-1, #91 Exhibit 43-2, #92 Exhibit 43-3, #93 Exhibit 43-4, #94 Exhibit 43-5, #95 Exhibit 44, #96 Exhibit 45, #97 Exhibit 46, #98 Exhibit 47, #99 Exhibit 48, #100 Exhibit 49, #101 Exhibit 50, #102 Exhibit 51, #103 Exhibit 52, #104 Exhibit 53, #105 Exhibit 54, #106 Exhibit 55, #107 Exhibit 56, #108 Exhibit 57, #109 Exhibit 58, #110 Exhibit 59, #111 Exhibit 60, #112 Exhibit 61, #113 Exhibit 62, #114 Exhibit 63, #115 Exhibit 64, #116 Exhibit 65, #117 Exhibit 66, #118 Exhibit 67, #119 Exhibit 68, #120 Exhibit 69, #121 Exhibit 70, #122 Exhibit 71, #123 Exhibit 72, #124 Exhibit 73, #125 Exhibit 74, #126 Exhibit 75, #127 Exhibit 76-1, #128 Exhibit 76-2, #129 Exhibit 76-3, #130 Exhibit 76-4, #131 Exhibit 77, #132 Exhibit 78)Motion or Order to File Under Seal: #218 .(Dollinger, Amanda) Modified on 4/17/2020 (ldi).
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Filing 228
DECLARATION of Justin S. Brooks in Support re: #224 MOTION for Summary Judgment Motion for Partial Summary Judgment.. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 11, #11 Exhibit Exhibit 12, #12 Exhibit Exhibit 13, #13 Exhibit Exhibit 14, #14 Exhibit Exhibit 15, #15 Exhibit Exhibit 16, #16 Exhibit Exhibit 17, #17 Exhibit Exhibit 18, #18 Exhibit Exhibit 20, #19 Exhibit Exhibit 21, #20 Exhibit Exhibit 22, #21 Exhibit Exhibit 23 - Part 1, #22 Exhibit Exhibit 23 - Part 2, #23 Exhibit Exhibit 23 - Part 3, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27).(Brooks, Justin)
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Filing 227
RULE 56.1 STATEMENT. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 226
PROPOSED ORDER. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. Related Document Number: #224 ..(Brooks, Justin) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 225
MEMORANDUM OF LAW in Support re: #224 MOTION for Summary Judgment Motion for Partial Summary Judgment. . Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 224
MOTION for Summary Judgment Motion for Partial Summary Judgment. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 223
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Ocwen Financial Corporation, Wells Fargo Bank, N.A., Ocwen Mortgage Servicing, Inc., Ocwen Loan Servicing, LLC, Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. Motion or Order to File Under Seal: #218 .(Dollinger, Amanda)
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Filing 222
***SELECTED PARTIES***JOINT MEMORANDUM OF LAW in Support re: #219 MOTION for Summary Judgment . . Document filed by Ocwen Financial Corporation, Wells Fargo Bank, N.A., Ocwen Mortgage Servicing, Inc., Ocwen Loan Servicing, LLC, Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. Motion or Order to File Under Seal: #218 .(Dollinger, Amanda)
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Filing 221
DECLARATION of Jay Williams in Support re: #219 MOTION for Summary Judgment .. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Dollinger, Amanda)
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Filing 220
DECLARATION of Daniel Cohen in Support re: #219 MOTION for Summary Judgment .. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Dollinger, Amanda)
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Filing 219
MOTION for Summary Judgment . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A...(Dollinger, Amanda)
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Filing 218
LETTER MOTION to Seal Summary Judgment Motion and Certain Accompanying Materials addressed to Judge Vernon S. Broderick from Howard F. Sidman dated March 6, 2020. Document filed by Wells Fargo Bank, N.A...(Dollinger, Amanda)
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Filing 217
ORDER denying as moot #209 Letter Motion to Seal. ENDORSEMENT: In light of Wells Fargo's position, Plaintiff's motion to seal (ECF No. 209) is DENIED as moot. The Clerk of Court is directed to unseal Letter Motion at ECF No. 208 in its entirety. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 2/27/2020) (kl)
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Filing 216
LETTER addressed to Magistrate Judge Stewart D. Aaron from Howard F. Sidman dated February 26, 2020 re: Plaintiffs' Letter-Motion. Document filed by Wells Fargo Bank, N.A...(Sidman, Howard)
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Filing 215
ORDER denying #207 Letter Motion to Compel. Before the Court is Plaintiffs' motion to compel the production of emails and other electronic documents and communications of Defendant Ocwen's servicing team members related to Ocwen's servicing practices for the four trusts added to the Second Amended Complaint ("SAC"). (Letter Motion, ECF No. 207, at 1; Letter Reply, ECF No. 213, at 2 (limiting scope).) Following a Telephone Conference with the parties, and for the reasons stated on the record, it is hereby Ordered that Plaintiffs' motion is DENIED. The Court finds that the additional discovery sought by Plaintiffs is not proportional to the needs of the case in light of Plaintiffs' earlier position (in support of their motion to amend) that they did not intend to seek additional discovery as a result of the additional trusts added to the SAC; the scope and timing of Plaintiffs' request; and the burden on Defendant Ocwen, particularly given the limited scope of discovery authorized by Judge Broderick. (See Op. & Order, ECF No. 150.) It is further Ordered that, no later than Wednesday, February 26, 2020, Defendant Wells Fargo shall file its response to Plaintiffs' motion to seal. (See Letter Motion, ECF No. 209.) (Signed by Magistrate Judge Stewart D. Aaron on 2/24/2020) (rro)
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Filing 214
NOTICE of Notice of Correction Regarding Reply Letter in Support of Plaintiffs' Request to Compel (Dkt. No. 213). Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 2/24/2020. (kl)
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Set/Reset Deadlines: Responses due by 2/26/2020 (rro)
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Filing 213
LETTER REPLY to Response to Motion addressed to Magistrate Judge Stewart D. Aaron from David C. Harrison dated February 20, 2020 re: #207 LETTER MOTION to Compel Ocwen Defendants to Produce Documents addressed to Magistrate Judge Stewart D. Aaron from David C. Harrison dated February 13, 2020. . Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit Exhibit A - Thames Declaration, #2 Exhibit Exhibit B -Williams Deposition Exhibit 11- pages 1-14, #3 Exhibit Exhibit B -Williams Deposition Exhibit 11- pages 15-30, #4 Exhibit Exhibit C - Williams Deposition Transcript Excerpts).(Harrison, David)
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Filing 212
ORDER SCHEDULING TELEPHONE CONFERENCE: Magistrate Judge Aaron shall hold a telephone conference on Monday, 2/24/2020, at 3:00 p.m. EST to address Plaintiff's Letter-Motion filed at ECF No. 207. The parties shall call the Court's conference line (212-805-0110) once all parties are on the line. SO ORDERED. (Telephone Conference set for 2/24/2020 at 03:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 2/20/2020) (Text Only Order) (kl)
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Filing 211
LETTER RESPONSE to Motion addressed to Magistrate Judge Stewart D. Aaron from Richard A. Jacobsen dated 2/19/2020 re: #207 LETTER MOTION to Compel Ocwen Defendants to Produce Documents addressed to Magistrate Judge Stewart D. Aaron from David C. Harrison dated February 13, 2020. . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc...(Jacobsen, Richard)
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Filing 210
ORDER granting #206 Letter Motion for Leave to File Excess Pages. The Parties' proposed briefing schedule is adopted. Defendants' joint moving papers shall not exceed 40 pages, opposition shall not exceed 40 pages, and reply shall not exceed 25 pages. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/17/2020) (rj)
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Filing 209
LETTER MOTION to Seal ECF No. 208 addressed to Magistrate Judge Stewart D. Aaron from David C. Harrison dated February 14, 2020. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Harrison, David)
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Filing 208
***SELECTED PARTIES*** LETTER MOTION to Compel Ocwen Defendants to Produce Documents addressed to Magistrate Judge Stewart D. Aaron from David C. Harrison dated February 13, 2020. Document filed by Robert O'Toole, Ronald E. Powell, William R. Seehafer, Robert Wilson, Brian Jordan, Donald G Schaper, Altisource Asset Management Corporation, Altisource Online Auctions, Inc., Altisource Portfolio Solutions, S.A., Altisource Residential Corporation, Altisource Solutions, Inc., American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., REALHome Services and Solutions, Inc., Southwest Business Corporation, Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Exhibit A - Ocwen's Responses and Objections to Plaintiffs' Third RFPs, #2 Exhibit Exhibit B - John Burczuk Dep. Ex. 9, #3 Exhibit Exhibit C - John Burczuk Dep. Ex. 11, #4 Exhibit Exhibit D - John Burczuk Dep. Ex. 12, #5 Exhibit Exhibit E - John Burczuk Dep. Ex. 13)Motion or Order to File Under Seal: #163 .(Harrison, David)
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Filing 207
LETTER MOTION to Compel Ocwen Defendants to Produce Documents addressed to Magistrate Judge Stewart D. Aaron from David C. Harrison dated February 13, 2020. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit Exhibit A - Ocwen's Responses and Objections to Plaintiffs' Third RFPs, #2 Exhibit Exhibit B - Redacted, #3 Exhibit Exhibit C - Redacted, #4 Exhibit Exhibit D - Redacted, #5 Exhibit Exhibit E - Redacted).(Harrison, David)
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Filing 206
LETTER MOTION for Leave to File Excess Pages addressed to Judge Vernon S. Broderick from Justin S. Brooks, Counsel for Plaintiffs dated February 13, 2020. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson..(Brooks, Justin)
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Filing 205
NOTICE OF CHANGE OF ADDRESS by William Glenn Merten on behalf of American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. New Address: Faegre Drinker Biddle & Reath LLP, 1500 K Street, NW, Washington, District of Columbia, USA 20005, 202-230-5235..(Merten, William)
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Filing 204
NOTICE OF CHANGE OF ADDRESS by Brian Patrick Perryman on behalf of American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. New Address: Faegre Drinker Biddle & Reath LLP, 1500 K Street, NW, Washington, District of Columbia, United States 20005-1209, 2028428465..(Perryman, Brian)
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Filing 203
NOTICE OF CHANGE OF ADDRESS by Frank G. Burt on behalf of American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. New Address: Faegre Drinker Biddle & Reath LLP, 1500 K Street, NW, Washington, D.C., United States 20005-1209, 202-842-8800..(Burt, Frank)
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Filing 202
ORDER granting #201 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 12/11/2019) (js)
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Set/Reset Deadlines: Motions due by 3/6/2020. Responses due by 4/10/2020 Replies due by 5/1/2020. (js)
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Filing 201
JOINT LETTER MOTION for Extension of Time of the briefing schedule for motions for summary judgment addressed to Judge Vernon S. Broderick from Richard A. Jacobsen dated 12/10/2019. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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Filing 200
SECOND AMENDED COMPLAINT amending #44 Amended Complaint,,,, against Altisource Asset Management Corporation, Altisource Online Auctions, Inc., Altisource Residential Corporation, Altisource Solutions, Inc., American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., REALHome Services and Solutions, Inc., Southwest Business Corporation, Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company, Wells Fargo Bank, N.A. with JURY DEMAND.Document filed by Robert O'Toole, Ronald E. Powell, William R. Seehafer, Robert Wilson, Brian Jordan, Donald G Schaper. Related document: #44 Amended Complaint,,,,. (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)(Brooks, Justin)
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Filing 199
ORDER granting #198 Letter Motion for Extension of Time to File Response/Reply Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 12/3/2019) (js)
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Filing 198
LETTER MOTION for Extension of Time to File Response/Reply as to #194 Amended Complaint, addressed to Judge Vernon S. Broderick from Frank G. Burt, Esq. dated December 2, 2019. Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company.(Burt, Frank)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Justin Silver Brooks to RE-FILE Document No. #194 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filing 197
NOTICE OF APPEARANCE by Amanda Leigh Dollinger on behalf of Wells Fargo Bank, N.A.. (Dollinger, Amanda)
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Filing 196
NOTICE OF APPEARANCE by John Ansbro on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Ansbro, John)
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Filing 195
NOTICE of Notice of Filing or Redline Between Proposed and Filed Second Amended Complaint Per Court Order (Dkt. No. 193) Showing Removal of Reference to Injunctive Relief re: #193 Memorandum & Opinion,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit Exhibit A - Redline Showing Removal of Injunctive Relief Reference Between Proposed and Filed Second Amended Complaint Per Court Order (Dkt. No. 193))(Brooks, Justin)
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Filing 194
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #44 Amended Complaint,,,, #1 Complaint,,, against All Defendants with JURY DEMAND.Document filed by Robert O'Toole, Ronald E. Powell, William R. Seehafer, Robert Wilson, Brian Jordan, Donald G Schaper. Related document: #44 Amended Complaint,,,, #1 Complaint,,,.(Brooks, Justin) Modified on 12/2/2019 (pc).
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Filing 193
OPINION AND ORDER re: #166 MOTION to Amend/Correct #44 Amended Complaint, filed by William R. Seehafer, Ronald E. Powell, Robert Wilson, Donald G Schaper. For the reasons set forth above, Plaintiffs' motion to amend is GRANTED. Plaintiffs shall file their Second Amended Complaint within seven (7) days of the date of this Order, as set forth above. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/21/2019) (kl)
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Filing 192
ORDER granting #190 JOINT LETTER MOTION for Extension of Time of the briefing schedule for motions for summary judgment. APPLICATION GRANTED SO ORDERED. Motions due by 12/20/2019. (Signed by Judge Vernon S. Broderick on 11/20/2019) (jca)
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Set/Reset Deadlines: Responses due by 1/24/2020, Replies due by 2/14/2020. (jca)
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Filing 191
NOTICE of Notice to the Honorable Stewart Aaron Attaching Redline Reflecting Changes Between First Amended Complaint and Proposed Second Amended Complaint (per Dkt. No. 189) re: 189 Order,. Document filed by Brian Jordan, Robert O'Toole, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit A (Proposed Second Amended Complaint))(Brooks, Justin)
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Filing 190
JOINT LETTER MOTION for Extension of Time of the briefing schedule for motions for summary judgment addressed to Judge Vernon S. Broderick from Richard A. Jacobsen, Howard F. Sidman, and Justin Brooks dated 11/18/2019. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A..(Jacobsen, Richard)
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Filing 189
ORDER: No later than 11/22/2019, Plaintiffs shall file with the Court a redline reflecting the changes made to the Amended Class Action Complaint (ECF No. 44) by the proposed Second Amended Class Action Complaint (ECF No. 166-1). SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/16/2019) (Aaron, Stewart) (Text Only Order)
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Filing 188
ORDER FOR ADMISSION PRO HAC VICE granting #186 Motion for Benjamin Garrett Minegar to Appear Pro Hac Vice. The motion of Benjamin G. Minegar for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Magistrate Judge Stewart D. Aaron on 11/15/2019) (kl)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #186 MOTION for Benjamin Garrett Minegar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18055210. 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 187
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, . . Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Burt, Frank)
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Filing 186
MOTION for Benjamin Garrett Minegar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18055210. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit, #2 Certificate of good standing, #3 Text of Proposed Order)(Minegar, Benjamin)
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Filing 185
ORDER granting #183 Letter Motion for Leave to File Document. Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 11/12/2019) (js)
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Filing 184
LETTER addressed to Judge Vernon S. Broderick from Justin S. Brooks dated November 8, 2019 re: Opposing Assurant Defendants' Request for Sur-Reply or Request to order Assurant Defendants to Meet and Confer Prior to Accepting Filing. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson.(Brooks, Justin)
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Filing 183
LETTER MOTION for Leave to File Surreply to Plaintiff's Motion to Amend Complaint addressed to Judge Vernon S. Broderick from Frank G. Burt, Esq. dated November 8, 2019. Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company.(Burt, Frank)
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Filing 182
DECLARATION of David C. Harrison in Support re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, .. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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Filing 181
DECLARATION of R. Bradley Miller in Support re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, .. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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Filing 180
DECLARATION of Justin S. Brooks in Support re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, .. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit, #2 Exhibit)(Brooks, Justin)
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Filing 179
REPLY MEMORANDUM OF LAW in Support re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, . . Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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Filing 178
REPLY MEMORANDUM OF LAW in Support re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, . and Responding to the Oppositions of Defendants American Security Insurance Company, Standard Guaranty Insurance Company, American Bankers Insurance Company of Florida, and Southwest Business Corporation. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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Filing 177
DECLARATION of Richard A. Jacobsen in Opposition re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, .. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A - 7/29/2003 Prospectus Supplement of MASTR Alternative Loan Trust 2003-5)(Jacobsen, Richard)
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Filing 176
MEMORANDUM OF LAW in Opposition re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, . . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A.. (Jacobsen, Richard)
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Filing 175
MEMORANDUM OF LAW in Opposition re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, . . Document filed by Southwest Business Corporation. (Russo, Christopher)
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Filing 174
MEMORANDUM OF LAW in Opposition re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, . . Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Burt, Frank)
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Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 10/28/2019. (kl)
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Filing 173
ORDER granting in part and denying in part #170 Letter Motion for Discovery: In their Letter Motion (ECF No. 170), Plaintiffs request that the Court order Ocwen to make its 30(b)(6) deponent available on a date other than the previously scheduled date of 10/30/2019. For the reasons stated on the record during today's telephone conference, the Court grants this request on the condition that Plaintiffs reimburse Ocwen for (1) seven hours of time of Richard Jacobsen at his standard hourly rate; and (2) reasonable travel expenses (e.g., airfare and hotel) for his trip to West Palm Beach. The parties shall cooperate with one another to schedule a mutually convenient date for the Ocwen 30(b)(6) deposition. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron)(Text Only Order) (Aaron, Stewart)
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Filing 172
ORDER: Magistrate Judge Aaron shall hold a telephone conference on Monday, 10/28/2019, at 5:00 p.m. EST to address the issues raised in ECF Nos. 169 and 170. The parties shall call the Court's conference line (212-805-0110) once all parties are on the line. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/25/19) (Aaron, Stewart) (Text Only Order)
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Set/Reset Hearings: Telephone Conference set for 10/28/2019 at 05:00 PM before Magistrate Judge Stewart D. Aaron. (kl)
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Filing 171
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 Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Vernon S. Broderick on 10/24/2019) (rro)
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Filing 170
LETTER MOTION for Discovery addressed to Judge Vernon S. Broderick from Justin S. Brooks (Powell et. al) dated October 24, 2019. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit Exhibit A (Ocwen Notice of Subpoena), #2 Exhibit Exhibit B (Ocwen Notices of Subpoenas), #3 Exhibit Exhibit C (Scheduling Discussions), #4 Exhibit Exhibit D (Scheduling Discussion), #5 Exhibit Exhibit E (Discovery and Scheduling Correspondence), #6 Exhibit Exhibit F (Ocwen Post-Discovery Period Objection to Plaintiffs 30(b)(6) Topic Objections), #7 Exhibit Exhibit G (Third Party Subpoena Discussions), #8 Exhibit Exhibit H (Third Party Subpoena Discussions), #9 Exhibit Exhibit I (Third Party Subpoena Discussions), #10 Exhibit Exhibit J (Third Party Subpoena Discussions))(Brooks, Justin)
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Filing 169
JOINT LETTER addressed to Judge Vernon S. Broderick from Richard A. Jacobsen and Justin S. Brooks dated 10/24/2019 re: the October 30, 2019 deposition of Ocwens 30(b)(6) representative. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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Filing 168
DECLARATION of R. Bradley Miller in Support re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, .. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (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)(Brooks, Justin)
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Filing 167
MEMORANDUM OF LAW in Support re: #166 MOTION to Amend/Correct #44 Amended Complaint,,,, . . Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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Filing 166
MOTION to Amend/Correct #44 Amended Complaint,,,, . Document filed by Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit A. Proposed Second Amended Complaint ("SAC"), #2 Exhibit B. SAC Exhibit A, #3 Exhibit C. SAC Exhibit B, #4 Exhibit D. SAC Exhibit C, #5 Exhibit E. SAC Exhibit D, #6 Exhibit F. SAC Exhibit E, #7 Exhibit G. SAC Exhibit F, #8 Exhibit H. SAC Exhibit G, #9 Exhibit I. SAC Exhibit H., #10 Exhibit J. SAC Exhibit I, #11 Exhibit K. SAC Exhibit J)(Brooks, Justin)
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Filing 165
ORDER granting #164 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/4/2019) (ne)
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Set/Reset Deadlines: Discovery due by 11/11/2019. Motions due by 12/9/2019. Responses due by 1/13/2020. Replies due by 2/3/2020. (ne)
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Filing 164
JOINT LETTER MOTION for Extension of Time of limited discovery schedule and summary judgment briefing schedule addressed to Judge Vernon S. Broderick from Richard Jacobsen, Howard Sidman and Justin Brooks dated September 3, 2019. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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Filing 163
STIPULATED PROTECTIVE ORDER FOR PRODUCTION OF DOCUMENTS BY PARTIES AND THIRD PARTIES...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Vernon S. Broderick on 7/22/2019) (rro)
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Filing 162
PROPOSED PROTECTIVE ORDER. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Wells Fargo Bank, N.A.. (Jacobsen, Richard)
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Filing 161
MEMO ENDORSEMENT on re: #159 Brief filed by William R. Seehafer, Robert O'Toole, Ronald E. Powell, Brian Jordan, Robert Wilson, Donald G Schaper. ENDORSEMENT: The applicable deadlines for discovery and summary judgment briefing with respect to both threshold merits issues are as follows: discovery shall conclude on or before September 14, 2019; opening briefs shall be submitted on or before October 12, 2019; opposition briefs shall be submitted on or before November 16, 2019; and reply briefs shall be submitted on or before December 7, 2019. SO ORDERED. (Discovery due by 9/14/2019., Motions due by 10/12/2019., Responses due by 11/16/2019, Replies due by 12/7/2019.) (Signed by Judge Vernon S. Broderick on 4/17/2019) (rro)
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Filing 160
NOTICE OF APPEARANCE by R. Bradley Miller on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Miller, R.)
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Filing 159
BRIEF re: #158 Memo Endorsement, Set Deadlines,,,,,,,, Letter Motion for Clarification. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson.(Brooks, Justin)
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Filing 158
MEMO ENDORSEMENT on re: #157 Notice (Other) filed by William R. Seehafer, Robert O'Toole, Ronald E. Powell, Brian Jordan, Robert Wilson, Donald G Schaper. ENDORSEMENT: I have reviewed the parties' positions and agree with Plaintiffs that discovery should be conducted simultaneously as to both of the threshold merits issues identified in my March 15, 2019 Opinion & Order, (Doc. 150). Plaintiffs' proposed discovery and briefing schedule is therefore approved. Without weighing in on any pleading issues or who may have the burden, I note that the question of "significant participation" is part and parcel of the plan assets issue and discovery should also be conducted on that question at this time. As stated in the endorsement dated March 22, 2019, (Doc. 152), Defendants need not submit an answer to Plaintiffs' complaint at this time. SO ORDERED. (Discovery due by 7/12/2019., Motions due by 7/26/2019., Responses due by 8/16/2019, Replies due by 8/30/2019.) (Signed by Judge Vernon S. Broderick on 4/16/2019) (kv)
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Set/Reset Deadlines: Discovery due by 9/14/2019. Motions due by 10/12/2019. Responses due by 11/16/2019 Replies due by 12/7/2019. (kv)
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Filing 157
NOTICE of of Case Management Proposal (Joint Filing) re: #150 Memorandum & Opinion,,,,,,,,,,,,,,,,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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Filing 156
ORDER OF WITHDRAWAL OF MICHAEL J. KLEIN, ESQ. granting #154 Motion to Withdraw. Upon consideration of the motion to withdraw the appearance of Michael J. Klein, Esq., this Court orders that Michael J. Klein, Esq. be withdrawn from this case, and further orders that Mr. Klein be removed from the Court's electronic service list. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/28/2019) (rro)
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Filing 155
AFFIRMATION of Michael J. Klein in Support re: #154 MOTION to Withdraw Michael J. Klein as co-counsel.. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Klein, Michael)
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Filing 154
MOTION to Withdraw Michael J. Klein as co-counsel. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Text of Proposed Order)(Klein, Michael)
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Filing 153
NOTICE of Letter to Hon. Vernon Broderick re: #152 Memo Endorsement,, #151 Letter,. Document filed by Brian Jordan, Robert O'Toole, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit A)(Brooks, Justin)
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Filing 152
MEMO ENDORSEMENT on re: #151 Letter, filed by Ocwen Mortgage Servicing, Inc., Ocwen Loan Servicing, LLC, Ocwen Financial Corporation. ENDORSEMENT: I have reviewed the parties' positions and have concluded that Defendants shall not be obligated to serve responsive pleadings until after the disposition of Ocwen's and Wells Fargo's motions for summary judgment, and then, if necessary, until after the resolution of any renewed motions to dismiss. (Signed by Judge Vernon S. Broderick on 3/22/2019) (rro)
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Filing 151
LETTER addressed to Judge Vernon S. Broderick from Richard A. Jacobsen dated March 21, 2019 re: Confirmation that Defendants need not serve responsive pleadings until after Court's decision on Summary Judgment Motions. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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Filing 150
OPINION & ORDER re: #88 MOTION to Dismiss . filed by Standard Guaranty Insurance Company, Assurant, Inc., Voyager Indemnity Insurance Company, Interfinancial, Inc., American Security Insurance Company, American Bankers Insurance Company of Florida, #90 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss. filed by Ocwen Mortgage Servicing, Inc., Ocwen Loan Servicing, LLC, Ocwen Financial Corporation, #98 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim. filed by Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc., #94 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss. filed by Southwest Business Corporation, #105 MOTION to Dismiss Amended Class Action Complaint. filed by Wells Fargo Bank, N.A., #99 MOTION to Dismiss Amended Class Action Complaint. filed by Homesure Protection of Virginia Inc., Cross Country Homes Services, Inc., HomeSure of America, Inc., HomeSure Services, Inc., #103 MOTION to Dismiss for Lack of Standing Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). filed by Altisource Solutions, Inc., Wells Fargo Bank, N.A., Voyager Indemnity Insurance Company, Altisource Asset Management Corporation, HomeSure Services, Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Homesure Protection of Virginia Inc., Assurant, Inc., Standard Guaranty Insurance Company, Cross Country Homes Services, Inc., Altisource Residential Corporation, American Bankers Insurance Company of Florida, Southwest Business Corporation, Altisource Online Auctions, Inc., Interfinancial, Inc., HomeSure of America, Inc., REALHome Services and Solutions, Inc., American Security Insurance Company, #93 MOTION to Dismiss Plaintiffs' Amended Complaint. filed by Altisource Asset Management Corporation, Altisource Residential Corporation. For the foregoing reasons, Assurant's motion to dismiss the FAC, (Doc. 88), is GRANTED IN PART, to the extent that Plaintiffs may not seek prospective relief against Assurant. The Altisource Defendants' motions to dismiss, (Docs. 93, 98), are DENIED IN PART, to the extent that they challenge Plaintiffs' standing and personal jurisdiction over Front Yard and AAMC. Defendants Ocwen's and Wells Fargo's motions to dismiss, (Docs. 90, 105), are also DENIED IN PART, to the extent that they challenge Plaintiffs' failure to allege that the securities at issue were not "publicly-offered" or that benefit plan investor participation in the securities was "significant." Wells Fargo's motion to dismiss is further DENIED IN PART, to the extent it alleges that the Trust Indentures' "no action" clauses bar Plaintiffs' lawsuit. Defendants Ocwen's and Wells Fargo's motions to dismiss the FAC, (Docs. 90, 105), are hereby converted to motions for summary judgment pursuant to Federal Rule of Civil Procedure 56 with respect to the following two issues: (1) whether the underlying mortgages in the AHMI Trusts qualify as "plan assets" of the UFCW Plan; and, if so, (2) whether Ocwen qualifies as a fiduciary of the UFCW Plan. Plaintiffs, Ocwen, and Wells Fargo are directed to meet and confer regarding the scope of and schedule for limited discovery on these two threshold issues. Within 30 days of the date of this Opinion & Order, they shall submit a proposed Case Management Plan outlining their proposed schedule for limited discovery and supplemental briefing relating to Ocwen's and Wells Fargo's motions for summary judgment. Because resolution in Defendants' favor of either of the threshold merits issues raised by Ocwen's and Wells Fargo's motions would dispose of this action in its entirety, the remaining portions of Defendants' motions to dismiss the FAC, (Docs. 88, 90, 93, 94, 98, 99, 103, 105), are DENIED WITHOUT PREJUDICE, with leave to re-file following the disposition of Ocwen's and Wells Fargo's motions for summary judgment. The Clerk of Court is respectfully directed to terminate the motions pending at Docs. 88, 90, 93, 94, 98, 99, 103, and 105. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/15/2019) (rro)
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Filing 149
NOTICE OF APPEARANCE by Aaron Lee Brody on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brody, Aaron)
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Filing 148
MEMO ENDORSEMENT granting #147 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED (Signed by Judge Vernon S. Broderick on 3/6/2019) Attorney Nora Anne Valenza-Frost terminated (ks) Modified on 3/7/2019 (ks).
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Filing 147
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nora A. Valenza-Frost to Withdraw as Attorney . Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Attachments: #1 Affirmation of Nora A. Valenza-Frost)(Valenza-Frost, Nora) Modified on 4/3/2019 (db).
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Filing 146
NOTICE OF APPEARANCE by Katherine Leigh Villanueva on behalf of American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Villanueva, Katherine)
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Filing 145
ORDER granting #141 Motion to Withdraw as Attorney. SO ORDERED. Attorney Robert Wagner Diubaldo terminated. (Signed by Judge Vernon S. Broderick on 3/4/2019) (kv)
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Filing 144
NOTICE OF CHANGE OF ADDRESS by Robert Wagner Diubaldo on behalf of American Security Insurance Company, Assurant, Inc.. New Address: Drinker Biddle & Reath, LLP, 1500 K Street, NW, Suite 1100, Washington, DC, 20005, (202) 842-8465. (Diubaldo, Robert)
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Filing 143
NOTICE OF CHANGE OF ADDRESS by Robert Wagner Diubaldo on behalf of American Security Insurance Company, Assurant, Inc.. New Address: Drinker Biddle & Reath, LLP, 1500 K Street, NW, Suite 1100, Washington, DC, 20005, (202) 842-8465. (Diubaldo, Robert)
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Filing 142
NOTICE OF CHANGE OF ADDRESS by Robert Wagner Diubaldo on behalf of American Security Insurance Company, Assurant, Inc.. New Address: Drinker Biddle & Reath, LLP, 1500 K Street, NW, Suite 1100, Washington, DC, 20005, (202) 842-8465. (Diubaldo, Robert)
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Filing 141
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert W. DiUbaldo to Withdraw as Attorney . Document filed by American Security Insurance Company, Assurant, Inc.. (Attachments: #1 Affirmation of Robert W. DiUbaldo)(Diubaldo, Robert) Modified on 3/26/2019 (db).
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Filing 140
NOTICE of Supplemental Authority and Response to Assurant Defendants' Notice of Supplemental Authority re: #139 Notice (Other),. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hart, Barbara)
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Filing 139
NOTICE of of Supplemental Authority re: #89 Memorandum of Law in Support of Motion, #126 Reply Memorandum of Law in Support of Motion,. Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Attachments: #1 Exhibit A - Depot Decision)(Diubaldo, Robert)
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Filing 138
ORDER granting #137 Motion for Paul W. Hughes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 137
MOTION for Paul W. Hughes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15779211. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Altisource Asset Management Corporation, Altisource Residential Corporation. (Attachments: #1 Declaration of Paul W. Hughes, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Hughes, Paul)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #137 MOTION for Paul W. Hughes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15779211. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 136
REPLY MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss Amended Class Action Complaint. . Document filed by Wells Fargo Bank, N.A.. (Sidman, Howard)
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Filing 135
REPLY MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss. . Document filed by Southwest Business Corporation. (Russo, Christopher)
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Filing 134
REPLY MEMORANDUM OF LAW in Support re: #103 MOTION to Dismiss for Lack of Standing Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). . Document filed by Altisource Asset Management Corporation, Altisource Online Auctions, Inc., Altisource Residential Corporation, Altisource Solutions, Inc., American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., REALHome Services and Solutions, Inc., Southwest Business Corporation, Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company, Wells Fargo Bank, N.A.. (Jacobsen, Richard)
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Filing 133
NOTICE OF APPEARANCE by Isabel Polly Sukholitsky on behalf of Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc.. (Sukholitsky, Isabel)
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Filing 132
REPLY MEMORANDUM OF LAW in Support re: #99 MOTION to Dismiss Amended Class Action Complaint. . Document filed by Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc.. (Fioccola, David)
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Filing 131
REPLY MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Altisource Asset Management Corporation, Altisource Residential Corporation. (De Simone, Joseph)
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Filing 130
REPLY MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim. . Document filed by Altisource Online Auctions, Inc.. (Jacob, Charles)
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Filing 129
DECLARATION of Thomas N. Kidera in Support re: #90 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss.. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Attachments: #1 Exhibit K, #2 Exhibit L, #3 Exhibit M, #4 Exhibit N)(Jacobsen, Richard)
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Filing 128
REPLY MEMORANDUM OF LAW in Support re: #90 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss. . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Jacobsen, Richard)
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Filing 127
ORDER granting #124 Motion for Traci L. Buschner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 126
REPLY MEMORANDUM OF LAW in Support re: #88 MOTION to Dismiss . . Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Diubaldo, Robert)
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Filing 125
LETTER addressed to Judge Vernon S. Broderick from Howard F. Sidman dated October 16, 2018 re: Exhibit E to Declaration of Howard F. Sidman in Support re: #105 MOTION to Dismiss (Dkt. No. 107-7). Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit E to Declaration of Howard Sidman (Dkt. No. 107-7))(Sidman, Howard)
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Filing 124
MOTION for Traci L. Buschner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15711912. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order)(Papp, Scott)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #124 MOTION for Traci L. Buschner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15711912. 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 123
ORDER granting #122 Motion for R. Bradley Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Filing 122
MOTION for R. Bradley Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15630853. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Papp, Scott)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #122 MOTION for R. Bradley Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15630853. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #122 MOTION for R. Bradley Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15630853. 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 121
LETTER addressed to Judge Vernon S. Broderick from Justin Brooks, Esq. dated September 24, 2018 re: Plaintiffs' Request for Oral Argument on Defendants' Motions to Dismiss. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson.(Brooks, Justin)
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Filing 120
NOTICE OF APPEARANCE by Michael Jason Klein on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Klein, Michael)
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Filing 119
DECLARATION of Justin Brooks in Opposition re: #88 MOTION to Dismiss ., #90 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss., #94 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss., #105 MOTION to Dismiss Amended Class Action Complaint., #99 MOTION to Dismiss Amended Class Action Complaint., #93 MOTION to Dismiss Plaintiffs' Amended Complaint., #98 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim., #103 MOTION to Dismiss for Lack of Standing Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Brooks, Justin)
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Filing 118
DECLARATION of Justin Brooks in Opposition re: #88 MOTION to Dismiss ., #90 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss., #98 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim., #94 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss., #105 MOTION to Dismiss Amended Class Action Complaint., #99 MOTION to Dismiss Amended Class Action Complaint., #103 MOTION to Dismiss for Lack of Standing Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6)., #93 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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Filing 117
MEMORANDUM OF LAW in Opposition re: #88 MOTION to Dismiss ., #90 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss., #98 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim., #94 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss., #105 MOTION to Dismiss Amended Class Action Complaint., #99 MOTION to Dismiss Amended Class Action Complaint., #103 MOTION to Dismiss for Lack of Standing Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6)., #93 MOTION to Dismiss Plaintiffs' Amended Complaint. Omnibus Memorandum of Law in Opposition to Motions to Dismiss. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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Filing 116
ORDER OF WITHDRAWAL OF FRANCESCA G. COCUZZA, ESQ. granting #110 Motion to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Francesca G. Cocuzza, Esq., this Court orders that Francesca G. Cocuzza, Esq. be withdrawn from this case, and further orders that Ms. Cocuzza be removed from the Court's electronic service list. Attorney Francesca G Cocuzza terminated. (Signed by Judge Vernon S. Broderick on 9/14/2018) (mro)
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Filing 115
MEMO ENDORSEMENT on #114 Letter granting #112 Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: Application Granted. SO ORDERED. Responses due by 9/18/2018. Replies due by 10/18/2018. (Signed by Judge Vernon S. Broderick on 9/10/2018) (mml)
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Filing 114
LETTER addressed to Judge Vernon S. Broderick from Scott V. Papp, Esq. dated September 11, 2018 re: Plaintiffs' Application for Extension of Time (Dkt. No. 112). Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson.(Papp, Scott)
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Filing 113
NOTICE OF APPEARANCE by Scott Vincent Papp on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Papp, Scott)
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Filing 112
LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss addressed to Judge Vernon S. Broderick from Justin S. Brooks dated September 6, 2018. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson.(Brooks, Justin)
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Filing 111
DECLARATION of David J. Fioccola in Support re: #110 MOTION for Francesca G. Cocuzza to Withdraw as Attorney .. Document filed by Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc.. (Fioccola, David)
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Filing 110
MOTION for Francesca G. Cocuzza to Withdraw as Attorney . Document filed by Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc.. (Attachments: #1 Text of Proposed Order)(Fioccola, David)
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Filing 109
ORDER granting #87 Motion for Rebekah B. Kcehowski to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Filing 108
ORDER granting #86 Motion for Evan Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Filing 107
DECLARATION of Howard F. Sidman in Support re: #105 MOTION to Dismiss Amended Class Action Complaint.. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Sidman, Howard)
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Filing 106
MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss Amended Class Action Complaint. . Document filed by Wells Fargo Bank, N.A.. (Sidman, Howard)
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Filing 105
MOTION to Dismiss Amended Class Action Complaint. Document filed by Wells Fargo Bank, N.A..(Sidman, Howard)
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Filing 104
MEMORANDUM OF LAW in Support re: #103 MOTION to Dismiss for Lack of Standing Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). . Document filed by Altisource Asset Management Corporation, Altisource Online Auctions, Inc., Altisource Residential Corporation, Altisource Solutions, Inc., American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., REALHome Services and Solutions, Inc., Southwest Business Corporation, Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company, Wells Fargo Bank, N.A.. (Jacobsen, Richard)
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Filing 103
MOTION to Dismiss for Lack of Standing Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Document filed by Altisource Asset Management Corporation, Altisource Online Auctions, Inc., Altisource Residential Corporation, Altisource Solutions, Inc., American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., REALHome Services and Solutions, Inc., Southwest Business Corporation, Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company, Wells Fargo Bank, N.A..(Jacobsen, Richard)
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Filing 102
MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim. . Document filed by Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc.. (Jacob, Charles)
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Filing 101
DECLARATION of Charles R. Jacob III in Support re: #98 MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim.. Document filed by Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc.. (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)(Jacob, Charles)
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Filing 100
MEMORANDUM OF LAW in Support re: #99 MOTION to Dismiss Amended Class Action Complaint. . Document filed by Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc.. (Fioccola, David)
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Filing 99
MOTION to Dismiss Amended Class Action Complaint. Document filed by Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc..(Fioccola, David)
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Filing 98
MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim. Document filed by Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc.. Responses due by 9/11/2018(Jacob, Charles)
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Filing 97
MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss. . Document filed by Southwest Business Corporation. (Russo, Christopher)
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Filing 96
DECLARATION of Christopher Russo in Support re: #94 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss.. Document filed by Southwest Business Corporation. (Attachments: #1 Exhibit A - Amended Class Action Complaint filed on or about May 17, 2018)(Russo, Christopher)
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Filing 95
MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Altisource Asset Management Corporation, Altisource Residential Corporation. (De Simone, Joseph)
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Filing 94
MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss. Document filed by Southwest Business Corporation.(Russo, Christopher)
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Filing 93
MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Altisource Asset Management Corporation, Altisource Residential Corporation.(De Simone, Joseph)
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Filing 92
DECLARATION of Richard A. Jacobsen in Support re: #90 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss.. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Attachments: #1 Exhibit A) Specimen Class VI-A-1 Note Dated December 21, 2004, #2 Exhibit B) Specimen Class III-A-3 Note Dated September 20, 2005, #3 Exhibit C) Indenture Dated December 21, 2004, #4 Exhibit D) Indenture Dated September 20, 2005, #5 Exhibit E) Closing Tax Opinion Letter Dated December 21, 2004, #6 Exhibit F) Closing Tax Opinion Letter Dated September 20, 2005, #7 Exhibit G) Certificate of Ownership Dated December 21, 2004, #8 Exhibit H) Certificate of Ownership Dated September 20, 2005, #9 Exhibit I) Servicing Agreement Dated December 21, 2004, #10 Exhibit J) Servicing Agreement Dated September 20, 2005)(Jacobsen, Richard)
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Filing 91
MEMORANDUM OF LAW in Support re: #90 MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss. . Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Jacobsen, Richard)
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Filing 90
MOTION to Dismiss Amended Class Action Complaint and Joinder in Co-Defendants' Motions to Dismiss. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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Filing 89
MEMORANDUM OF LAW in Support re: #88 MOTION to Dismiss . . Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Diubaldo, Robert)
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Filing 88
MOTION to Dismiss . Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company.(Diubaldo, Robert)
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Filing 87
MOTION for Rebekah B. Kcehowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15315163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Rebekah B. Kcehowski, #3 Text of Proposed Order)(Kcehowski, Rebekah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #87 MOTION for Rebekah B. Kcehowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15315163. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #86 MOTION for Evan Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15305463. 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 86
MOTION for Evan Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15305463. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Evan Miller, #3 Text of Proposed Order)(Miller, Evan)
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Filing 85
ORDER granting #66 Motion for Claudia Wilson Frost to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Filing 84
MEMO ENDORSEMENT on re: #82 Letter, filed by Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/19/2018) (rro)
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Filing 83
NOTICE OF APPEARANCE by Joel M. Miller on behalf of Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc.. (Miller, Joel)
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Filing 82
LETTER addressed to Judge Vernon S. Broderick from Charles R. Jacob III dated June 18, 2018 re: Briefing Schedule. Document filed by Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc..(Jacob, Charles)
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Filing 81
NOTICE OF APPEARANCE by Charles Richard Jacob, III on behalf of Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc.. (Jacob, Charles)
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Filing 80
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Altisource Residential Corporation.(De Simone, Joseph)
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Filing 79
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Altisource Asset Management Corporation.(De Simone, Joseph)
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Filing 78
ORDER granting #76 Letter Motion to Stay. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/12/2018) (rro)
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Set/Reset Deadlines: Motions due by 7/13/2018. Responses due by 9/11/2018 Replies due by 10/11/2018. (rro)
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Filing 77
NOTICE OF APPEARANCE by Kenneth Patrick Herzinger on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Herzinger, Kenneth)
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Filing 76
JOINT LETTER MOTION to Stay discovery, apply motion to dismiss briefing schedule to SWBC and Wells Fargo, and approve stipulation regarding coordination of Defendants motions under Fed. R. Civ. P. 12(b)(6) and 12(b)(1) addressed to Judge Vernon S. Broderick from Richard A. Jacobsen dated June 11, 2018. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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Filing 75
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Southwest Business Corporation.(Russo, Christopher)
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Filing 74
NOTICE OF APPEARANCE by Christopher Russo on behalf of Southwest Business Corporation. (Russo, Christopher)
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Filing 73
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Assurant, Inc., Corporate Parent Interfinancial, Inc. for American Security Insurance Company; Corporate Parent American Bankers Insurance Group, Inc., Corporate Parent Interfinancial, Inc., Corporate Parent Assurant, Inc. for American Bankers Insurance Company of Florida, Voyager Indemnity Insurance Company; Corporate Parent Interfinancial, Inc., Corporate Parent Assurant, Inc., Corporate Parent American Security Insurance Company for Standard Guaranty Insurance Company. Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company.(Diubaldo, Robert)
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Filing 72
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. REALHome Services and Solutions, Inc. served on 5/31/2018, answer due 6/21/2018. Service was accepted by A. Smith, Corporation Service Company. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 71
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Altisource Online Auctions, Inc. served on 5/31/2018, answer due 6/21/2018. Service was accepted by A. Smith, Corporation Service Company. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 70
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Altisource Solutions, Inc. served on 5/31/2018, answer due 6/21/2018. Service was accepted by A. Smith, Corporation Service Company. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 69
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ocwen Financial Corporation for Ocwen Mortgage Servicing, Inc.; Corporate Parent Ocwen Mortgage Servicing, Inc. for Ocwen Loan Servicing, LLC. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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Filing 68
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A..(Sidman, Howard)
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Filing 67
NOTICE OF APPEARANCE by Howard Fredrick Sidman on behalf of Wells Fargo Bank, N.A.. (Sidman, Howard)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Claudia Wilson Frost 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. (wb)
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Filing 66
MOTION for Claudia Wilson Frost to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Attachments: #1 Declaration of Claudia Wilson Frost in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Frost, Claudia)
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Filing 65
WAIVER OF SERVICE RETURNED EXECUTED. Wells Fargo Bank, N.A. waiver sent on 5/25/2018, answer due 7/24/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 64
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Southwest Business Corporation served on 5/25/2018, answer due 6/15/2018. Service was accepted by Ed Kershner, General Counsel. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 63
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Claudia Wilson Frost to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15131496. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Attachments: #1 Declaration of Claudia Wilson Frost in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Frost, Claudia) Modified on 5/30/2018 (jc).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #63 MOTION for Claudia Wilson Frost to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15131496. 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 from Supreme Court of Texas (our court does not accept state bar certificates). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
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Filing 62
ORDER granting #56 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Motions due by 7/13/2018.) (Signed by Judge Vernon S. Broderick on 5/29/2018) (rro)
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Filing 61
ORDER granting #57 Motion for Frank G. Burt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Set/Reset Deadlines: Responses due by 9/11/2018 Replies due by 10/11/2018. (rro)
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Filing 60
NOTICE OF APPEARANCE by Thomas Nill Kidera on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Kidera, Thomas)
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Filing 59
NOTICE OF APPEARANCE by Aaron Michael Rubin on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Rubin, Aaron)
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Filing 58
NOTICE OF APPEARANCE by Elizabeth Hardeman Shofner on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Shofner, Elizabeth)
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Filing 57
MOTION for Frank G. Burt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Burt, Frank)
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Filing 56
JOINT LETTER MOTION for Extension of Time for the brieifing schedule for the Original Defendants' motions to dismiss addressed to Judge Vernon S. Broderick from Richard A. Jacobsen, Justin Brooks, Robert W. DiUbaldo, David J. Fioccola, and Joseph De Simone dated May 23, 2018. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for Frank G. Burt 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. (ma)
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Filing 55
ELECTRONIC SUMMONS ISSUED as to Altisource Online Auctions, Inc., Altisource Solutions, Inc., REALHome Services and Solutions, Inc., Southwest Business Corporation, Wells Fargo Bank, N.A.. (dnh)
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Filing 54
ORDER granting #51 Motion for Brian P. Perryman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Filing 53
ORDER granting #50 Motion for W. Glenn Merten to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Filing 52
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Frank G. Burt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15088422. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Burt, Frank) Modified on 5/18/2018 (ma).
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Filing 51
MOTION for Brian P. Perryman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15088349. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Perryman, Brian)
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Filing 50
MOTION for W. Glenn Merten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15088245. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Attachments: #1 Affidavit of W. Glenn Merten, #2 Text of Proposed Order)(Merten, William)
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Filing 49
NOTICE OF APPEARANCE by Francesca G Cocuzza on behalf of Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc.. (Cocuzza, Francesca)
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Filing 48
NOTICE OF APPEARANCE by Robert James Baehr on behalf of Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc.. (Baehr, Robert)
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Filing 47
REQUEST FOR ISSUANCE OF SUMMONS as to Altisource Solutions, Inc., REALHome Services and Solutions, Inc., Altisource Online Auctions, Inc., Southwest Business Corporation, Wells Fargo Bank, N.A., re: #44 Amended Complaint,,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Hart, Barbara)
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Filing 46
NOTICE OF APPEARANCE by Jessica Kaufman on behalf of Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc.. (Kaufman, Jessica)
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Filing 45
NOTICE OF APPEARANCE by David John Fioccola on behalf of Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc.. (Fioccola, David)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #52 MOTION for Frank G. Burt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15088422. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): THE CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF FLORIDA. http://www.nysd.uscourts.gov/file/forms/certificate-of-good-standing-contact-list Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) Modified on 5/18/2018 (ma).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #51 MOTION for Brian P. Perryman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15088349. Motion and supporting papers to be reviewed by Clerk's Office staff., #50 MOTION for W. Glenn Merten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15088245. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 44
AMENDED COMPLAINT amending #1 Complaint,,, against Altisource Asset Management Corporation, Altisource Portfolio Solutions, S.A., Altisource Residential Corporation, American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company, Wells Fargo Bank, N.A., Altisource Solutions, Inc., REALHome Services and Solutions, Inc., Altisource Online Auctions, Inc., Southwest Business Corporation with JURY DEMAND.Document filed by Robert O'Toole, Ronald E. Powell, William R. Seehafer, Robert Wilson, Brian Jordan, Donald G Schaper. Related document: #1 Complaint,,,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Hart, Barbara)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Barbara hart to RE-FILE Document No. #42 Amended Complaint,,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;parties listed in the caption must be reflected within the docket event. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barbara Hart to RE-FILE Document No. #43 Request for Issuance of Summons,. The filing is deficient for the following reason(s): SUMMONS CANNOT BE ISSUED OR REQUESTED UNTIL AMENDED COMPLAINT HAS BEEN ACCEPTED. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (laq)
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Filing 43
REQUEST FOR ISSUANCE OF SUMMONS as to Altisource Solutions, Inc., REALHome Services and Solutions, Inc., Altisource Online Auctions, Inc., Southwest Business Corporation, Wells Fargo Bank, N.A., re: #42 Amended Complaint,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Hart, Barbara)
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Filing 42
AMENDED COMPLAINT amending #1 Complaint,,, against Altisource Asset Management Corporation, Altisource Portfolio Solutions, S.A., Altisource Residential Corporation, American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company, Wells Fargo Bank, N.A. with JURY DEMAND.Document filed by Robert O'Toole, Ronald E. Powell, William R. Seehafer, Robert Wilson, Brian Jordan, Donald G Schaper. Related document: #1 Complaint,,,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Hart, Barbara)
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Filing 41
ORDER granting #40 Letter Motion for Extension of Time to Answer re #1 Complaint. APPLICATION GRANTED. (Ocwen Financial Corporation answer due 6/20/2018; Ocwen Loan Servicing, LLC answer due 6/20/2018; Ocwen Mortgage Servicing, Inc. answer due 6/13/2018) (Signed by Judge Vernon S. Broderick on 5/10/2018) (rro)
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Filing 40
LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Richard A. Jacobsen dated May 9, 2018. Document filed by Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc..(Jacobsen, Richard)
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Filing 39
NOTICE OF APPEARANCE by Richard Andre Jacobsen, Jr on behalf of Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc.. (Jacobsen, Richard)
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Filing 38
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Robert O'Toole, Ronald E. Powell, William R. Seehafer, Robert Wilson, Brian Jordan, Donald G Schaper. (Hart, Barbara)
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Filing 37
WAIVER OF SERVICE RETURNED EXECUTED. Altisource Asset Management Corporation waiver sent on 5/3/2018, answer due 7/2/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 36
NOTICE OF APPEARANCE by Kevin Charles Kelly on behalf of Altisource Asset Management Corporation, Altisource Residential Corporation. (Kelly, Kevin)
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Filing 35
NOTICE OF APPEARANCE by Joseph De Simone on behalf of Altisource Asset Management Corporation, Altisource Residential Corporation. (De Simone, Joseph)
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Filing 34
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Altisource Residential Corporation served on 4/11/2018, answer due 5/2/2018. Service was accepted by Erin Richardson, Service Associate, CSC Lawyers Incorporating Service Company. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 33
WAIVER OF SERVICE RETURNED EXECUTED. Ocwen Mortgage Servicing, Inc. waiver sent on 3/15/2018, answer due 5/14/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 32
WAIVER OF SERVICE RETURNED EXECUTED. Ocwen Loan Servicing, LLC waiver sent on 3/21/2018, answer due 5/21/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 31
WAIVER OF SERVICE RETURNED EXECUTED. Ocwen Financial Corporation waiver sent on 3/21/2018, answer due 5/21/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 30
WAIVER OF SERVICE RETURNED EXECUTED. HomeSure Services, Inc. waiver sent on 3/23/2018, answer due 5/22/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 29
WAIVER OF SERVICE RETURNED EXECUTED. Homesure Protection of Virginia Inc. waiver sent on 3/23/2018, answer due 5/22/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 28
WAIVER OF SERVICE RETURNED EXECUTED. HomeSure of America, Inc. waiver sent on 3/23/2018, answer due 5/22/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 27
WAIVER OF SERVICE RETURNED EXECUTED. Voyager Indemnity Insurance Company waiver sent on 3/26/2018, answer due 5/25/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 26
WAIVER OF SERVICE RETURNED EXECUTED. Standard Guaranty Insurance Company waiver sent on 3/26/2018, answer due 5/25/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 25
WAIVER OF SERVICE RETURNED EXECUTED. Assurant, Inc. waiver sent on 3/26/2018, answer due 5/25/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 24
WAIVER OF SERVICE RETURNED EXECUTED. American Security Insurance Company waiver sent on 3/26/2018, answer due 5/25/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 23
WAIVER OF SERVICE RETURNED EXECUTED. American Bankers Insurance Company of Florida waiver sent on 3/26/2018, answer due 5/25/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 22
WAIVER OF SERVICE RETURNED EXECUTED. Cross Country Homes Services, Inc. waiver sent on 3/27/2018, answer due 5/29/2018. Document filed by Robert O'Toole; Ronald E. Powell; William R. Seehafer; Robert Wilson; Brian Jordan; Donald G Schaper. (Hart, Barbara)
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Filing 21
NOTICE OF APPEARANCE by Nora Anne Valenza-Frost on behalf of Voyager Indemnity Insurance Company. (Valenza-Frost, Nora)
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Filing 20
NOTICE OF APPEARANCE by Nora Anne Valenza-Frost on behalf of Standard Guaranty Insurance Company. (Valenza-Frost, Nora)
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Filing 19
NOTICE OF APPEARANCE by Nora Anne Valenza-Frost on behalf of Assurant, Inc.. (Valenza-Frost, Nora)
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Filing 18
NOTICE OF APPEARANCE by Nora Anne Valenza-Frost on behalf of American Security Insurance Company. (Valenza-Frost, Nora)
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Filing 17
NOTICE OF APPEARANCE by Nora Anne Valenza-Frost on behalf of American Bankers Insurance Company of Florida. (Valenza-Frost, Nora)
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Filing 16
NOTICE OF APPEARANCE by Robert Wagner Diubaldo on behalf of Voyager Indemnity Insurance Company. (Diubaldo, Robert)
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Filing 15
NOTICE OF APPEARANCE by Robert Wagner Diubaldo on behalf of Standard Guaranty Insurance Company. (Diubaldo, Robert)
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Filing 14
NOTICE OF APPEARANCE by Robert Wagner Diubaldo on behalf of Assurant, Inc.. (Diubaldo, Robert)
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Filing 13
NOTICE OF APPEARANCE by Robert Wagner Diubaldo on behalf of American Security Insurance Company. (Diubaldo, Robert)
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Filing 12
NOTICE OF APPEARANCE by Robert Wagner Diubaldo on behalf of American Bankers Insurance Company of Florida. (Diubaldo, Robert)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Altisource Asset Management Corporation, Altisource Portfolio Solutions, S.A., Altisource Residential Corporation, American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Homes Services, Inc., HomeSure Services, Inc., HomeSure of America, Inc., Homesure Protection of Virginia Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (jgo)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to OCWEN FINANCIAL CORPORATION; OCWEN LOAN SERVICING, LLC; OCWEN MORTGAGE SERVICING, INC.; ALTISOURCE PORTFOLIO SOLUTIONS, S.A.; ALTISOURCE RESIDENTIAL CORPORATION; ALTISOURCE ASSET MANAGEMENT CORPORATION; ASSURANT, INC.; STANDARD GUARANTY INSURANCE COMPANY; AMERICAN SECURITY INSURANCE COMPANY; VOYAGER INDEMNITY INSURANCE COMPANY; AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA; CROSS COUNTRY HOMES SERVICES, INC.; HOMESURE OF AMERICA, INC.; HOMESURE SERVICES, INC.; and HOMESURE PROTECTION OF VIRGINIA, INC.,, re: #1 Complaint,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Hart, Barbara)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barbara J. Hart to RE-FILE Document No. #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'as to' includes a party name Cross County Home Services Inc., whom is not a party listed on CM/ECF;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Filing 9
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to OCWEN FINANCIAL CORPORATION; OCWEN LOAN SERVICING, LLC; OCWEN MORTGAGE SERVICING, INC.; ALTISOURCE PORTFOLIO SOLUTIONS, S.A.; ALTISOURCE RESIDENTIAL CORPORATION; ALTISOURCE ASSET MANAGEMENT CORPORATION; ASSURANT, INC.; STANDARD GUARANTY INSURANCE COMPANY; AMERICAN SECURITY INSURANCE COMPANY; VOYAGER INDEMNITY INSURANCE COMPANY; AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA; CROSS COUNTRY HOMES SERVICES, INC.; HOMESURE OF AMERICA, INC.; HOMESURE SERVICES, INC.; and HOMESURE PROTECTION OF VIRGINIA, INC.,, re: #1 Complaint,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Hart, Barbara) Modified on 3/16/2018 (jgo).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barbara J. Hart to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reasons: the caption entered on the Summons Request does not match the caption on the pleading; if all of the names do not fit in the space provided, you may entered the names of the first named plaintiff and defendant followed by "et al". Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
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Filing 8
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to OCWEN FINANCIAL CORPORATION; OCWEN LOAN SERVICING, LLC; OCWEN MORTGAGE SERVICING, INC.; ALTISOURCE PORTFOLIO SOLUTIONS, S.A.; ALTISOURCE RESIDENTIAL CORPORATION; ALTISOURCE ASSET MANAGEMENT CORPORATION; ASSURANT, INC.; STANDARD GUARANTY INSURANCE COMPANY; AMERICAN SECURITY INSURANCE COMPANY; VOYAGER INDEMNITY INSURANCE COMPANY; AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA; CROSS COUNTRY HOMES SERVICES, INC.; HOMESURE OF AMERICA, INC.; HOMESURE SERVICES, INC.; and HOMESURE PROTECTION OF VIRGINIA, INC.,, re: #1 Complaint,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Hart, Barbara) Modified on 3/15/2018 (pne).
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Filing 7
NOTICE OF CHANGE OF ADDRESS by Justin Silver Brooks on behalf of All Plaintiffs. New Address: Guttman, Buschner & Brooks PLLC, 4100 Powelton Avenue, Suite 570, Philadelphia, Pennsylvania, United States 19104, (202) 800-3001. (Brooks, Justin)
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Filing 6
NOTICE OF APPEARANCE by Justin Silver Brooks on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Brooks, Justin)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barbara J. Hart to RE-FILE Document No. #5 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; HomeSure of Virginia, Inc. is not a party listed on CM ECF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Barbara J. Hart. The party information for the following party/parties has been modified: HomeSure of Virginia, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Barbara J. Hart. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc)
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Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
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Case Designated ECF. (pc)
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to OCWEN FINANCIAL CORPORATION; OCWEN LOAN SERVICING, LLC; OCWEN MORTGAGE SERVICING, INC.; ALTISOURCE PORTFOLIO SOLUTIONS, S.A.; ALTISOURCE RESIDENTIAL CORPORATION; ALTISOURCE ASSET MANAGEMENT CORPORATION; ASSURANT, INC.; STANDARD GUARANTY INSURANCE COMPANY; AMERICAN SECURITY INSURANCE COMPANY; VOYAGER INDEMNITY INSURANCE COMPANY; AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA; CROSS COUNTRY HOMES SERVICES, INC.; HOMESURE OF AMERICA, INC.; HOMESURE SERVICES, INC.; and HOMESURE PROTECTION OF VIRGINIA, INC.,, re: #1 Complaint,,,. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Hart, Barbara) Modified on 3/6/2018 (pc).
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Filing 4
NOTICE OF APPEARANCE by David Charles Harrison on behalf of Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson. (Harrison, David)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brian Jordan, Robert O'Toole, Ronald E. Powell, Donald G Schaper, William R. Seehafer, Robert Wilson.(Hart, Barbara)
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Filing 2
CIVIL COVER SHEET filed. (Hart, Barbara)
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Filing 1
COMPLAINT against Altisource Asset Management Corporation, Altisource Portfolio Solutions, S.A., Altisource Residential Corporation, American Bankers Insurance Company of Florida, American Security Insurance Company, Assurant, Inc., Cross Country Home Holdings, Inc., HomeSure Services, Inc., HomeSure of America, Inc., HomeSure of Virginia, Inc., Ocwen Financial Corporation, Ocwen Loan Servicing, LLC, Ocwen Mortgage Servicing, Inc., Standard Guaranty Insurance Company, Voyager Indemnity Insurance Company. (Filing Fee $ 400.00, Receipt Number 0208-14771651)Document filed by Robert O'Toole, Ronald E. Powell, William R. Seehafer, Robert Wilson, Brian Jordan, Donald G Schaper. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Hart, Barbara)
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