Days et al v. Bayview Loan Servicing, LLC et al
Plaintiff: Wesley E. Days and Pasheena Days
Defendant: U.S. Bank National Association, Bayview Opportunity Fund IIIa Grantor Trust 2015-1 Beneficial Interest Certificates, Series 2015-1, NS163 LLC, U.S. Bank National Association, Bayview Opportunity Master Fund IIIa REMIC Trust 2017-RN3, SN Loan Servicing Corporation, Bayview Loan Servicing, LLC, U.S. Bank National Association, Bayview Opportunity Fund III A and U.S. Bank National Association
Case Number: 3:2018cv00440
Filed: August 10, 2018
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Mecklenburg
Presiding Judge: David S Cayer
Referring Judge: Max O Cogburn
2 Judge: Frank D Whitney
Nature of Suit: Contract: Other
Cause of Action: Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2018 Motion referred to David S. Cayer.: #23 MOTION to Dismiss for Failure to State a Claim (thh)
October 1, 2018 Opinion or Order Filing 25 ROSEBORO ORDER Setting Response Deadline re: #23 MOTION to Dismiss for Failure to State a Claim . Responses due by 11/1/2018 plus an additional 3 days if served by mail. Signed by Magistrate Judge David S. Cayer on 10/1/18. (Pro se litigant served by US Mail.)(tob)
October 1, 2018 Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss for Failure to State a Claim by NS163 LLC, SN Loan Servicing Corporation. (Bunda, Jeffrey)
October 1, 2018 Filing 23 MOTION to Dismiss for Failure to State a Claim by NS163 LLC, SN Loan Servicing Corporation. Responses due by 10/15/2018 plus an additional 3 days if served by mail (Bunda, Jeffrey)
October 1, 2018 Filing 22 Corporate Disclosure Statement by SN Loan Servicing Corporation (Bunda, Jeffrey)
September 26, 2018 Opinion or Order Filing 21 ORDER denying without prejudice #13 Motion for Summary Judgment. Signed by District Judge Max O. Cogburn, Jr on 09/26/2018. (Pro se litigant served by US Mail.)(brl)
September 14, 2018 Filing 20 RESPONSE in Opposition re #13 MOTION for Summary Judgment by NS163 LLC, SN Loan Servicing Corporation. Replies due by 9/21/2018 plus an additional 3 days if served by mail (Bunda, Jeffrey)
September 10, 2018 Opinion or Order Filing 19 ROSEBORO ORDER Setting Response Deadline re: #16 MOTION to Dismiss for Failure to State a Claim . Plaintiff Response due by 10/11/2018 plus an additional 3 days if served by mail. Signed by Magistrate Judge David S. Cayer on 9/10/18. (Pro se litigant served by US Mail.)(tob)
September 10, 2018 Motion referred to David S. Cayer.: #16 MOTION to Dismiss for Failure to State a Claim (thh)
September 6, 2018 Filing 18 MEMORANDUM in Opposition re #13 MOTION for Summary Judgment by Bayview Loan Servicing, LLC, U.S. Bank National Association, U.S. Bank National Association, U.S. Bank National Association. Replies due by 9/13/2018 plus an additional 3 days if served by mail (Esser, William)
September 6, 2018 Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss for Failure to State a Claim by Bayview Loan Servicing, LLC, U.S. Bank National Association, U.S. Bank National Association, U.S. Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Esser, William)
September 6, 2018 Filing 16 MOTION to Dismiss for Failure to State a Claim by Bayview Loan Servicing, LLC, U.S. Bank National Association, U.S. Bank National Association, U.S. Bank National Association. Responses due by 9/20/2018 plus an additional 3 days if served by mail (Esser, William)
September 6, 2018 Filing 15 Corporate Disclosure Statement by U.S. Bank National Association, U.S. Bank National Association, U.S. Bank National Association (Esser, William)
September 6, 2018 Filing 14 Corporate Disclosure Statement by Bayview Loan Servicing, LLC (Esser, William)
September 4, 2018 Filing 13 Pro Se MOTION for Summary Judgment by Pasheena Days, Wesley E. Days. Responses due by 9/18/2018 plus an additional 3 days if served by mail (brl)
September 4, 2018 Filing 12 Summons Reissued Conventionally as to SN Loan Servicing Corporation. (brl)
September 4, 2018 Filing 11 Pro Se AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Wesley E. Days and Pasheena Days.(brl)
September 4, 2018 Filing 10 SUMMONS Returned Executed by Wesley E. Days, Pasheena Days. SN Loan Servicing Corporation served on 8/20/2018. (Attachments: #1 Certified Mail Return Receipt)(brl)
September 4, 2018 Filing 9 SUMMONS Returned Executed by Wesley E. Days, Pasheena Days. U.S. Bank National Association trustee for Bayview Opportunity Master Fund IIIa REMIC Trust 2017-RN3 served on 8/20/2018, answer due 9/10/2018. (Attachments: #1 Certified Mail Return Receipt)(brl)
September 4, 2018 Filing 8 SUMMONS Returned Executed by Wesley E. Days, Pasheena Days. U.S. Bank National Association trustee for Bayview Opportunity Fund IIIa Grantor Trust 2015-1 Beneficial Interest Certificates, Series 2015-1 served on 8/20/2018, answer due 9/10/2018. (Attachments: #1 Certified Mail Return Receipt)(brl)
September 4, 2018 Filing 7 SUMMONS Returned Executed by Wesley E. Days, Pasheena Days. U.S. Bank National Association trustee for Bayview Opportunity Fund III A served on 8/20/2018, answer due 9/10/2018. (Attachments: #1 Certified Mail Return Receipt)(brl)
September 4, 2018 Filing 6 SUMMONS Returned Executed by Wesley E. Days, Pasheena Days. Bayview Loan Servicing, LLC served on 8/20/2018, answer due 9/10/2018. (Attachments: #1 Bayview Loan Servicing - Certified Mail Return Receipt)(brl)
September 4, 2018 Opinion or Order Filing 5 ORDER granting #4 Motion for Extension of Time to Answer. NS163 LLC answer due 10/1/2018; SN Loan Servicing Corporation answer due 10/1/2018.. Signed by Magistrate Judge David S. Cayer on 09/03/2018. (Pro se litigant served by US Mail.)(brl)
August 31, 2018 Filing 4 MOTION for Extension of Time to Answer re: #1 Complaint or otherwise respond by NS163 LLC, SN Loan Servicing Corporation. (Attachments: #1 Proposed Order)(Bunda, Jeffrey). Motions referred to David S. Cayer.
August 29, 2018 Case reassigned to District Judge Max O. Cogburn, Jr. Chief Judge Frank D. Whitney no longer assigned to the case due to conflict. This is your only notice - you will not receive a separate document.(thh)
August 27, 2018 Filing 3 NOTICE of Appearance by William L. Esser, IV on behalf of Bayview Loan Servicing, LLC, U.S. Bank National Association, U.S. Bank National Association, U.S. Bank National Association (Esser, William)
August 10, 2018 Filing 2 Summons Issued Conventionally as to All Defendants. (brl)
August 10, 2018 Filing 1 Pro Se COMPLAINT against All Defendants ( Filing fee $ 400 receipt number CHD049673), filed by Pasheena Days, Wesley E. Days.(brl)
August 10, 2018 Clerk's Entry and Service of #Case Assignment Packet. And #Initial Scheduling Order and Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The document was served conventionally at case filing (brl)
August 10, 2018 Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The order was served conventionally. (brl)

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Defendant: U.S. Bank National Association, Bayview Opportunity Fund IIIa Grantor Trust 2015-1 Beneficial Interest Certificates, Series 2015-1
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Defendant: NS163 LLC
Represented By: Jeffrey Allen Bunda
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Defendant: U.S. Bank National Association, Bayview Opportunity Master Fund IIIa REMIC Trust 2017-RN3
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Defendant: SN Loan Servicing Corporation
Represented By: Jeffrey Allen Bunda
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Defendant: Bayview Loan Servicing, LLC
Represented By: William L. Esser, IV
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Defendant: U.S. Bank National Association, Bayview Opportunity Fund III A
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Defendant: U.S. Bank National Association
Represented By: William L. Esser, IV
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Plaintiff: Wesley E. Days
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Plaintiff: Pasheena Days
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