Hutten v. Specialized Loan Servicing LLC et al
| Christine Hutten |
| Specialized Loan Servicing LLC, Fay Servicing and Federal Home Loan Mortgage Corporation (Freddie Mac) |
| 2:2023cv00031 |
| April 28, 2023 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #32 MOTION for Extension of Time to File Response/Reply as to #27 MOTION for Summary Judgment. (Collins, S.) |
| Filing 32 MOTION for Extension of Time to File Response/Reply as to #27 MOTION for Summary Judgment filed by Fay Servicing. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time to File a Response to Plaintiff's Motion for Summary Judgment) (Benjamin, John) |
Filing 31
ORDER granting #30 Motion for Extension of Time to Answer regarding #1 Notice of Removal. Federal Home Loan Mortgage Corporation (Freddie Mac) answer due 7/6/2023. Signed by Peter A. Moore, Jr., Clerk of Court on 6/20/2023. A copy of this Order was sent via US mail to Christine Hutten at 53828 NC Hwy 12, PO Box 544, Frisco, NC 27936 (Collins, S.)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #30 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Carter, Alexus) |
| Filing 30 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, filed by Federal Home Loan Mortgage Corporation (Freddie Mac). (Attachments: #1 Text of Proposed Order Granting Motion to File Answer Out of Time) (Dickerhoff, Claire) |
| Filing 29 Financial Disclosure Statement by Federal Home Loan Mortgage Corporation (Freddie Mac) (Dickerhoff, Claire) |
| Filing 28 Notice of Appearance filed by Claire Collins Dickerhoff on behalf of Federal Home Loan Mortgage Corporation (Freddie Mac). (Dickerhoff, Claire) |
| Filing 27 MOTION for Summary Judgment and Response #23 Fay Servicing Motion to Dismiss filed by Christine Hutten. (Attachments: #1 Exhibit A Deed of Trust, #2 Exhibit B Investors Title Policy, #3 Envelope) (Collins, S.) |
| Filing 26 Rule 12 Letter Issued to Christine Hutten as to #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 6/19/2023. (Collins, S.) |
| Filing 25 RESPONSE in Opposition regarding #16 MOTION to Remand filed by Specialized Loan Servicing LLC. (Kays, Hannah) |
| Filing 24 Memorandum in Support regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fay Servicing. (Attachments: #1 Exhibit First Lawsuit, #2 Exhibit Order) (Benjamin, John) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fay Servicing. (Benjamin, John) |
| Filing 22 Memorandum in Support regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fay Servicing. (Attachments: #1 Exhibit, #2 Exhibit) (Benjamin, John) |
| Filing 21 **CORRECTED AND REFILED AT #23 ** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fay Servicing. (Benjamin, John) Modified on 5/30/2023 (Collins, S.). |
| Filing 20 WITHDRAWAL of Motion by Fay Servicing. regarding #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fay Servicing (Benjamin, John) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fay Servicing. (Benjamin, John) |
| NOTICE OF DEFICIENCY regarding #21 Motion to Dismiss for Failure to State a Claim, #22 Memorandum in Support. Filings are not text searchable. Local Civil Rule 5.1 and Section IV(A) of the court's CM/ECF policies and procedures manual require that all documents submitted for filing be in a text searchable format. Counsel is directed to refile. Instructions for how to make a document text searchable is located on the courts website under the CM/ECF section in the instructional guides category. When refiling counsel is reminded that counsel must properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit" is not a sufficient description). (Collins, S.) |
| Filing 18 RESPONSE in Opposition regarding #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christine Hutten. (Attachments: #1 Exhibit Loan documents, #2 Exhibit State Court Pleadings, #3 Envelope) (Collins, S.) |
| Filing 17 Affidavit of Service filed by Christine Hutten. (Attachments: #1 Proof of Service Fay Servicing, #2 Proof of Service Federal Home Loan Mortgage, #3 Proof of Service Specialized Loan Servicing, #4 Envelope) (Collins, S.) |
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TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendant has filed a motion to dismiss and plaintiff, appearing pro se, has filed a motion to remand, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motions filed 5/3/23 and 5/12/23. Signed by District Judge Louise Wood Flanagan on 5/16/2023. A copy of this Text Order was sent via US mail to Christine Hutten at 53828 NC Hwy 12, PO Box 544, Frisco, NC 27936 (Collins, S.)
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| Filing 16 MOTION to Remand to State Court filed by Christine Hutten. (Attachments: #1 Envelope) (Collins, S.) |
| Filing 15 Financial Disclosure Statement filed by Christine Hutten. (Attachments: #1 Envelope) (Collins, S.) |
| Filing 14 Notice of Self-Representation filed by Christine Hutten (Collins, S.) |
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Filing 13
ORDER granting #11 Motion for Extension of Time to Answer regarding #1 Notice of Removal, Plaintiff's Complaint, #1 Notice of Removal. Fay Servicing answer due 5/29/2023. Signed by Peter A. Moore, Jr., Clerk of Court on 5/5/2023. A copy of this Order was sent via US mail to Christine Hutten at 53828 NC Hwy 12, PO Box 544, Frisco, NC 27936 (Collins, S.)
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| Filing 12 Rule 12 Letter Issued to Christine Hutten as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 5/27/2023. (Collins, S.) |
| Filing 11 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Plaintiff's Complaint filed by Fay Servicing. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time to Answer for Fay Servicing) (Hubbard, William) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #11 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Plaintiff's Complaint. (Collins, S.) |
| Filing 10 Financial Disclosure Statement by Fay Servicing (Benjamin, John) |
| Filing 9 Notice of Appearance filed by William E. Hubbard on behalf of Fay Servicing. (Hubbard, William) |
| Filing 8 Notice of Appearance filed by John T. Benjamin, Jr on behalf of Fay Servicing. (Benjamin, John) |
| Filing 7 Memorandum in Support regarding #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Specialized Loan Servicing LLC. (Attachments: #1 Exhibit - Loan documents) (Kays, Hannah) Modified on 5/5/2023 to label exhibit. (Collins, S.). |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Specialized Loan Servicing LLC. (Kays, Hannah) |
| Filing 5 Notice of Appearance filed by Hannah D. Kays on behalf of Specialized Loan Servicing LLC. (Kays, Hannah) |
| Filing 4 Notice regarding #1 Notice of Removal and requirement to to file a Notice of Self-Representation and Financial Disclosure Statement along with blank forms mailed via US Mail to Christine Hutten at 53828 NC Hwy 12, Frisco, NC 27939; Fay Servicing, c/o Registered Agent Solutions, Inc. at 176 Mine Lake Court, Suite 100, Raleigh, NC 27615-6417 and Federal Home Loan Mortgage Corporation, Attn.: Managing Agent/Officer at 8200 Jones Branch Drive, McLean, VA 22102-3110 mailed via US Mail on May 2, 2023. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| Filing 3 Financial Disclosure Statement by Specialized Loan Servicing LLC (Kays, Hannah) |
| Filing 2 Notice filed by Specialized Loan Servicing LLC regarding #1 Notice of Removal - Supplemental Removal Cover Sheet, . (Kays, Hannah) Modified on 5/2/2023 to clarify docket text. (Rudd, D.) |
| Filing 1 NOTICE OF REMOVAL by Specialized Loan Servicing LLC from Dare County Superior Court, case number 23 CVS 118. ( Filing fee $ 402 receipt number ANCEDC-7061639), filed by Specialized Loan Servicing LLC. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Notice to State Court, #3 Civil Cover Sheet) (Kays, Hannah) |
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