Sealy et al v. U.S. Bank National Association et al
| Michael L. Sealy and Shelley Sealy |
| Corelogic Valuation Solutions, Inc. f/k/a Landsafe Appraisal Services, Inc., Countrywide Financial Corporation, Truman 2016 SC6 Title Trust, U.S. Bank National Association, Bank of America, NA, Rushmore Loan Management Services, LLC, Fay Servicing, LLC, Corelogic Valuation Solutions, Inc. and Landsafe Appraisal Services, Inc. |
| 3:2020cv00431 |
| August 5, 2020 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Robert J Conrad |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 49 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 9/29/2022. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(mek) |
Filing 48
ORDER FOR DISMISSAL WITH PREJUDICE. Signed by Magistrate Judge David S. Cayer on 9/29/2022. (Pro se litigant served by US Mail.) (mek)
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| Filing 47 Consent MOTION to Dismiss by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 10/12/2022 (Attachments: #1 Proposed Order) (Bunda, Jeffrey) |
| Filing 46 MOTION for Extension of Time for Completion of Settlement (5th) by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 9/20/2022 (Bunda, Jeffrey) |
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TEXT-ONLY ORDER granting #46 MOTION for Extension of Time for Completion of Settlement (5th). For the reasons stated therein, the Motion is granted. Case Settlement Deadline 9/20/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/6/2022. (DLG)
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TEXT-ONLY ORDER granting #45 Consent MOTION for Extension of Time for Completion of Settlement. Case settlement deadline extended to 9/6/2022. The parties are cautioned that if a dismissal is not filed, the Court intends to try this case during the October 24th term. Jury Trial set for 10/24/2022 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/17/2022. (DLG)
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| Filing 45 Consent MOTION for Extension of Time for Completion of Settlement (Fourth) by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 8/30/2022 (Bunda, Jeffrey) |
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TEXT-ONLY ORDER granting #44 Third MOTION for Extension of Time to Complete Settlement. Case Settlement Deadline 8/15/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/26/2022. (DLG)
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| Filing 44 Third MOTION for Extension of Time to Complete Settlement by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 8/8/2022 (Bunda, Jeffrey) |
| Filing 43 Second MOTION for Extension of Time to Complete Settlement (Amended to Attach Correct Motion) by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 7/26/2022 (Bunda, Jeffrey) |
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TEXT-ONLY ORDER denying without prejudice #42 Second MOTION for Extension of Time to Complete Settlement. Denial is without prejudice to filing a corrected motion. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/12/2022. (DLG)
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TEXT-ONLY ORDER granting nunc pro tunc #43 Second MOTION for Extension of Time to Complete Settlement. Case Settlement Deadline 7/25/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/12/2022. (DLG)
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| Filing 42 Second MOTION for Extension of Time to Complete Settlement by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 7/25/2022 (Bunda, Jeffrey) |
| Filing 41 MOTION for Extension of Time to Complete Settlement by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 7/8/2022 (Bunda, Jeffrey) |
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TEXT-ONLY ORDER granting #41 MOTION for Extension of Time to Complete Settlement. Case Settlement Deadline 7/11/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/24/2022. (DLG)
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| Filing 40 REPORT of Mediation. Outcome of Mediation: Completely Settled. (ams) |
| Set/Reset Deadlines: Case Settlement Deadline 6/25/2022. (ams) |
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TEXT-ONLY ORDER granting #39 Consent MOTION for Extension of Time of Scheduling Order Deadlines. Motions due by 6/15/2022. Mediation deadline set for 5/15/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/18/2022. (DLG)
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| Filing 39 Consent MOTION for Extension of Time of Scheduling Order Deadlines by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 5/2/2022 (Attachments: #1 Exhibit Email from Mr. Anderson Requesting Continuance, #2 Exhibit Email Reflecting Consent to Motion, #3 Exhibit May 6, 2022 Mediation Confirmation Letter) (Bunda, Jeffrey) |
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TEXT-ONLY ORDER granting #38 Third MOTION for Extension of Time of Scheduling Order Deadlines. Motions due by 5/1/2022. Jury Trial set for 9/6/2022 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/1/2022. (DLG)
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| Filing 38 Third MOTION for Extension of Time of Scheduling Order Deadlines by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 4/14/2022 (Bunda, Jeffrey) |
| Filing 37 DESIGNATION of Adam deNobriga as Mediator by all the parties. (Bunda, Jeffrey) (Main Document 37 replaced with flatten PDF on 4/5/2022) (mek). |
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Filing 36
ORDER granting #35 Motion to Appoint PSAP Counsel. Charles Anderson, Jr. is appointed as Program Counsel for Plaintiffs for the limited purpose of assisting with the settlement conference and procedures associated with the Program. Mediator Designation deadline set for 3/3/2022. Mediation deadline set for 4/18/2022. Signed by Magistrate Judge David S. Cayer on 2/17/2022. (mek)
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| Filing 35 MOTION to Appoint PSAP Counsel by Michael L. Sealy, Shelley Sealy. (Anderson, Charles) |
| Filing 34 Second MOTION for Extension of Time of Scheduling Order Deadlines and to Deem Pro Se Assistance Program Opt-In Form Timely by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 2/10/2022 (Attachments: #1 Exhibit 1 - January 27, 2022 Email from Michael Sealy) (Bunda, Jeffrey) |
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TEXT-ONLY ORDER granting #34 Second MOTION for Extension of Time of Scheduling Order Deadlines and to Deem Pro Se Assistance Program Opt-In Form Timely. Plaintiff's PSAP Opt-In form is deemed timely. Discovery due by 3/15/2022. Motions due by 4/1/2022. Mediation deadline set for 3/1/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/27/2022. (Pro se litigant served by US Mail.)(DLG)
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| Filing 33 Pro Se Opt In of PSAP Program by Michael L. Sealy (Attachments: #1 Envelope)(tlj) |
| Filing 32 PSAP Opt In/Out Form mailed to Pro Se Litigant. PSAP Response due by 12/16/2021 (mek) |
| Docketed in error; entry removed. Modified on 12/3/2021 (mek). |
| Filing 31 MOTION for Extension of Time of Scheduling Order Deadlines and to Refer Case to Pro Se Settlement Assistance Program by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 12/15/2021 (Attachments: #1 Proposed Order Enlarging Time and Referring to Pro Se Settlement Assistance Program) (Bunda, Jeffrey) |
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TEXT-ONLY ORDER granting #31 consent MOTION for Extension of Scheduling Order Deadlines and to Refer Case to Pro Se Settlement Assistance Program. Discovery due by 3/1/2022. Motions due by 3/15/2022. Mediation deadline set for 2/1/2022. The Clerk is directed to send the PSAP Opt-In Notice to the pro se Plaintiffs. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/1/2021. (Pro se litigant served by US Mail.)(DLG)
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TEXT-ONLY ORDER granting #30 opposed MOTION for Extension of Time to Respond to Discovery Requests. Plaintiffs' discovery responses due by December 3, 2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/3/2021. (Pro se litigant served by US Mail.)(DLG)
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| Filing 30 Pro Se MOTION for Extension of Time to Respond to Discovery Requests by Michael L. Sealy, Shelley Sealy. Responses due by 11/16/2021 (Attachments: #1 Proposed Order, #2 Envelope) (tlj) |
| Filing 29 Miscellaneous Filing by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Rule 26(a)(1)(A) Initial Disclosures (Bunda, Jeffrey) |
| Filing 28 MOTION to Withdraw as Attorney by Michael L. Sealy, Shelley Sealy. Responses due by 6/28/2021 (Attachments: #1 Proposed Order on Motion to Withdraw as Counsel) (Norman, Jason) |
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TEXT-ONLY ORDER granting #28 Motion to Withdraw as Attorney. Attorney Jason Graham Norman terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/14/2021. (DLG)
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Filing 27
Pretrial Order and Case Management Plan: Estimated Trial Time: three days. Discovery due by 11/5/2021. Motions due by 12/1/2021. Mediation deadline set for 9/1/2021. Jury Trial set for first day of the 5/2/2022 term 09:30 AM in Courtroom #1B, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David S. Cayer. Signed by Magistrate Judge David S. Cayer on 5/17/2021. (mek)
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| Case reassigned to Magistrate Judge David S. Cayer. District Judge Robert J. Conrad, Jr no longer assigned to the case pursuant to the #25 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge filed on 5/12/2021. This is your only notice - you will not receive a separate document.(brl) |
| Filing 26 Consent CERTIFICATION of initial attorney conference and discovery plan . ALL Parties Consent to Magistrate Jurisdiction (Norman, Jason) |
| Filing 25 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge filed by all parties. (Norman, Jason) |
| NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 5/4/2021. (brl) |
| Filing 24 Foreclosing Defendants' ANSWER to Complaint contained in #1 Notice of Removal, by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association.(Bunda, Jeffrey) |
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Filing 23
ORDER adopting the Magistrate Judge's #18 Memorandum and Recommendations. Plaintiff's #12 Motion to Remand to State Court is DENIED. Defendant's #6 Motion to Dismiss for Failure to State a Claim is GRANTED. Foreclosing Defendant's #9 Motion to Dismiss for Failure to State a Claim is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to the RICO claim. The motion is DENIED as to the RESPA claim. The motion is GRANTED as to the Wrongful Foreclosure claim. Signed by District Judge Robert J. Conrad, Jr on 3/29/2021. (brl)
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| Filing 22 REPLY to Objection to #18 Memorandum and Recommendations filed by Plaintiffs by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. (Bunda, Jeffrey) |
| Filing 21 REPLY to Objection to #18 Memorandum and Recommendations by Bank of America, NA, Corelogic Valuation Solutions, Inc., Countrywide Financial Corporation. (Perle, Scott) |
| Filing 20 OBJECTION to #18 Memorandum and Recommendations by Michael L. Sealy, Shelley Sealy. Replies due by 11/23/2020 (Norman, Jason) |
| Filing 19 OBJECTION to #18 Memorandum and Recommendations (as to denial of Motion to Dismiss Plaintiff's RESPA Claims ONLY) by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Replies due by 11/20/2020 (Attachments: #1 Exhibit Order Granting Summary Judgment in First Lawsuit)(Bunda, Jeffrey) |
| Filing 18 MEMORANDUM AND RECOMMENDATIONS on #12 MOTION to Remand to State Court of North Carolina filed by Shelley Sealy, Michael L. Sealy, #9 MOTION to Dismiss for Failure to State a Claim filed by Truman 2016 SC6 Title Trust, Rushmore Loan Management Services, LLC, Fay Servicing, LLC, U.S. Bank National Association, #6 MOTION to Dismiss for Failure to State a Claim filed by Bank of America, NA, Corelogic Valuation Solutions, Inc. Objections to M&R due by 11/9/2020. Signed by Magistrate Judge David S. Cayer on 10/26/2020. (mek) |
| Filing 17 RESPONSE in Opposition re #12 MOTION to Remand to State Court of North Carolina by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Replies due by 9/25/2020 (Bunda, Jeffrey) |
| Filing 16 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. (Bunda, Jeffrey) |
| Filing 15 RESPONSE in Opposition re #12 MOTION to Remand to State Court of North Carolina by Bank of America, NA, Corelogic Valuation Solutions, Inc., Countrywide Financial Corporation. Replies due by 9/24/2020 (Perle, Scott) |
| Filing 14 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim by Bank of America, NA, Corelogic Valuation Solutions, Inc., Countrywide Financial Corporation. (Attachments: #1 Exhibit A)(Perle, Scott) |
| Filing 13 RESPONSE in Opposition re #9 MOTION to Dismiss for Failure to State a Claim , #6 MOTION to Dismiss for Failure to State a Claim by Michael L. Sealy, Shelley Sealy. Replies due by 9/17/2020 (Norman, Jason) |
| Filing 12 MOTION to Remand to State Court of North Carolina by Michael L. Sealy, Shelley Sealy. Responses due by 9/18/2020 (Norman, Jason). Motions referred to David S. Cayer. |
| Filing 11 Corporate Disclosure Statement by Truman 2016 SC6 Title Trust, U.S. Bank National Association (Bunda, Jeffrey) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Dismiss for Failure to State a Claim by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. (Attachments: #1 Exhibit A - Note, #2 Exhibit B - Notice of Hearing, #3 Exhibit C - Order Permitting Foreclosure, #4 Exhibit D - Order Withdrawing Appeal)(Bunda, Jeffrey) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. Responses due by 9/10/2020 (Bunda, Jeffrey). Motions referred to David S. Cayer. |
| Filing 8 Corporate Disclosure Statement by Rushmore Loan Management Services, LLC (Bunda, Jeffrey) |
| Filing 7 Corporate Disclosure Statement by Fay Servicing, LLC (Bunda, Jeffrey) |
| Filing 6 MOTION to Dismiss for Failure to State a Claim by Bank of America, NA, Corelogic Valuation Solutions, Inc.. Responses due by 9/10/2020 (Attachments: #1 Memorandum) (Perle, Scott). Motions referred to David S. Cayer. |
| Filing 5 MOTION for Extension of Time to Answer the Plaintiff's Complaint by Fay Servicing, LLC, Rushmore Loan Management Services, LLC, Truman 2016 SC6 Title Trust, U.S. Bank National Association. (Attachments: #1 Proposed Order) (Bunda, Jeffrey). Motions referred to David S. Cayer. |
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TEXT-ONLY ORDER granting #5 Motion for Extension of Time to Answer. Moving Defendants' answer due 8/27/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/11/2020. (DLG)
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| Filing 4 MOTION for Extension of Time to Answer /Respond to Plaintiff's Complaint by Bank of America, NA, Corelogic Valuation Solutions, Inc., Countrywide Financial Corporation. (Attachments: #1 Proposed Order Granting Defendants' Motion for Extension of Time to Respond to Plaintiffs' Complaint) (Perle, Scott). Motions referred to David S. Cayer. |
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TEXT-ONLY ORDER granting #4 Motion for Extension of Time to Answer. Bank of America, NA answer due 8/27/2020; Corelogic Valuation Solutions, Inc. answer due 8/27/2020; Countrywide Financial Corporation answer due 8/27/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/7/2020. (DLG)
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| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(brj) |
| Filing 3 Corporate Disclosure Statement by Corelogic Valuation Solutions, Inc. f/k/a Landsafe Appraisal Services, Inc. (Perle, Scott) |
| Filing 2 Corporate Disclosure Statement by Bank of America, NA (Perle, Scott) |
| Filing 1 NOTICE OF REMOVAL from Union County Superior Court, case number 20-CVS-1375. (Filing fee $ 400 receipt number 0419-4606167), filed by Bank of America, NA, Countrywide Financial Corporation, Corelogic Valuation Solutions, Inc. f/k/a Landsafe Appraisal Services, Inc.. (Attachments: #1 Exhibit A - True and accurate copies of all process and pleadings served upon Removing Defendants, #2 Exhibit B - Consent to Removal, #3 Cover Sheet)(Perle, Scott) |
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