Forgues v. Select Portfolio Servicing, Inc.

Justia Dockets & Filings Sixth Circuit Ohio Northern District Forgues v. Select Portfolio Servicing, Inc.

Forgues v. Select Portfolio Servicing, Inc.

Plaintiff:	Christine J Forgues
Defendant:	Select Portfolio Servicing, Inc.
Case Number:	1:2015cv01670
Filed:	August 19, 2015
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	James S Gwin
Nature of Suit:	Consumer Credit
Cause of Action:	15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on June 22, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 22, 2017	Filing 67 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #64 Notice of Appeal (USCA# 16-3540). Date issued as mandate 6/21/17, Cost: None (H,SP)
June 20, 2016	Bill of costs will not be taxed until after appeal resolved. Related document(s) #65 , #64 . (C,KA)
June 17, 2016	Filing 65 Bill of costs filed by Select Portfolio Servicing, Inc.. Related document(s) #63 .(Cadieux, Karen)
May 24, 2016	Acknowledgment from the USCA for Sixth Circuit of receipt of #64 Notice of Appeal (USCA# 16-3540). Date filed in USCA 5/23/16. (H,SP)
May 20, 2016	Filing 64 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #63 Judgment of 4/20/16, filed by Christine J Forgues. (Filing fee of $505 paid, receipt number 0647-7631139) (Herrera, John). Modified text on 5/23/2016 (H,SP).
April 20, 2016	Filing 63 Judgment signed by Judge James S. Gwin on 4/20/16. The Court, having contemporaneously filed its Opinion & Order, grants the defendant's motion for summary judgment. Accordingly, this action is terminated under Federal Rule of Civil Procedure 58. (Related Doc. #62 ) (D,MA)
April 20, 2016	Filing 62 Opinion & Order signed by Judge James S. Gwin on 4/20/16. For the reasons set forth in this order, the Court grants in part the defendant's motion to strike, and grants the defendant's motion for summary judgment. (Related Docs. #43 and #52 ) (D,MA)
April 20, 2016	Filing 61 Minutes of final pretrial conference before Judge James S. Gwin on 4/20/16. (Court Reporter: None; Time: 56 min.) (D,MA)
April 18, 2016	Filing 60 Witness List filed by Christine J Forgues. (Herrera, John)
April 17, 2016	Filing 59 Proposed Order Joint Final Pretrial Order filed by Select Portfolio Servicing, Inc.. (Wallace, David)
April 15, 2016	Filing 58 Witness List filed by Select Portfolio Servicing, Inc.. (Wallace, David)
April 15, 2016	Filing 57 Opinion & Order signed by Judge James S. Gwin on 4/15/16 denying the plaintiff's motion to amend for the reasons set forth in this order. (Related Doc. #47 ) (D,MA)
April 15, 2016	Order [non-document] entered by Judge James S. Gwin on 4/15/16 granting the defendant's motion to excuse personal attendance of a party representative with full settlement authority at the final pretrial conference scheduled for 4/20/16 at 12:00 p.m. Said party representative shall attend via telephone conference. The Court will provide teleconference information to counsel by email. (Related Doc. #53 ) (D,MA)
April 13, 2016	Filing 56 Reply in support of #52 Motion to strike Portions of the Declaration of Christine J. Forgues and Unauthenticated Documents filed by Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit A - Unredacted Contact History)(Wallace, David)
April 12, 2016	Filing 55 Opposition to #52 Motion to strike Portions of the Declaration of Christine J. Forgues and Unauthenticated Documents filed by Christine J Forgues. (Herrera, John)
April 8, 2016	Filing 54 Opposition to #47 Motion to alter/amend judgment filed by Select Portfolio Servicing, Inc.. (Wallace, David)
April 8, 2016	Filing 53 Motion to attend April 20, 2016 Pretrial Conference by telephone filed by Defendant Select Portfolio Servicing, Inc.. (Wallace, David)
April 5, 2016	Order entered by Judge James S. Gwin on 4/5/16. Plaintiff shall file a responsive pleading to the defendant's motion to strike by 4/11/16. (Related Doc. #52 ) (D,MA)
April 4, 2016	Filing 52 Motion to strike Portions of the Declaration of Christine J. Forgues and Unauthenticated Documents filed by Defendant Select Portfolio Servicing, Inc.. Related document(s) #50 , #49 . (Attachments: #1 Exhibit A - Excerpts of Deposition of Christine J. Forgues, #2 Exhibit B - Feb. 12, 2016 Email)(Wallace, David)
April 4, 2016	Filing 51 Reply in support of #43 Motion for summary judgment filed by Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit A - Excerpts of Deposition of Christine J. Forgues, #2 Exhibit B - Declaration of Phyllis Sneed, #3 Exhibit C - Feb. 12, 2016 Email, #4 Exhibit D- Requests for Production and Responses)(Wallace, David)
April 1, 2016	Filing 50 Notice of Filing Exhibits to Plaintiff's Response in Opposition to Defendant, SPS, Motion for Summary Judgment filed by Christine J Forgues. (Attachments: #1 Exhibit A- Declaration of Christine J. Forgues, #2 Exhibit I-Experian Investigation Summary, #3 Exhibit L-Equifax Credit Report, #4 Exhibit J-Equifax Online Dispute, #5 Exhibit R-Equifax Credit Report-5.29.15, #6 Exhibit S-Credit Report-5.29.15, #7 Exhibit C-Plaintiffs Complaint, #8 Exhibit O-Trans Union Dispute Letter, #9Exhibit P-Equifax Dispute Letter, #10 Exhibit Q-Experian Dispute Letter, #11 Exhibit N- Transunion Resolution Summary)Related document(s) #49 .(Herrera, John)
March 29, 2016	Filing 49 Opposition to #43 Motion for summary judgment filed by Christine J Forgues. (Attachments: #1 Affidavit in Support of Opposition to MSJ)(Herrera, John) Modified text on 3/29/2016 (E,P).
March 25, 2016	Filing 48 Opinion and Order signed by Judge James S. Gwin on 3/25/16 denying the plaintiff's motion for reconsideration for the reasons set forth in this order. The Court further certifies that there is no good faith ground to appeal this order. (Related Doc. #26 ) (D,MA)
March 22, 2016	Filing 47 Motion to alter/amend judgment filed by Plaintiff Christine J Forgues. (Attachments: #1 Exhibit I-Experian Investigation Summary, #2 Exhibit J-Equifax Online Dispute, #3 Exhibit L-Equifax Credit Report, #4 Exhibit M-Equifax Credit File, #5 Exhibit O-Trans Union Dispute Letter, #6 Exhibit P-Equifax Dispute Letter, #7 Exhibit Q-Experian Dspute Letter, #8 Exhibit R-Equifax Credit Report-5.29.15, #9 Exhibit S-Credit Report-5.29.15)(Herrera, John)
March 18, 2016	Filing 46 Notice of Substitution of Exhibit filed by Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit March 13, 2016 Letter Substitute Exhibit 5 to Declaration of Diane Weinberger)Related document(s) #43 .(Cadieux, Karen) Modified text to remove caps on 3/21/2016 (M, S).
March 15, 2016	Filing 45 Minutes of status conference before Judge James S. Gwin on 3/15/16. (Court Reporter: None; Time: 1 hr. 28 min.) (D,MA)
March 15, 2016	Filing 44 Notice of withdrawal of Motion to Compel of defendant Select Portfolio Servicing, Inc. filed by Select Portfolio Servicing, Inc. Related document(s) #37 .(Cadieux, Karen)
March 14, 2016	Filing 43 Motion for summary judgment filed by Defendant Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit A-Declaration of Diane Weinberger, #2 Exhibit B-Excerpts of Deposition of Christine Forgues, #3 Exhibit C-Declaration of Phyllis Sneed, #4 Exhibit D-Interrogatories and Responses)(Wallace, David)
March 4, 2016	Filing 42 Notice of Service of First Request for Admissions (corrected)on 3/4/16 filed by Christine J Forgues. (Herrera, John) Modified text on 3/7/2016 (E,P).
March 3, 2016	Filing 41 Amended Notice to take Deposition of Plaintiff Christine Forgues on March 7, 2016 at 10:00 a.m. filed by Select Portfolio Servicing, Inc.. Related document(s) #38 .(Wallace, David)
March 3, 2016	Filing 40 Notice of Service of First Request for Production, First Request for Admission, and First Set of Interrogatories on March 3, 2016 filed by Christine J Forgues. (Herrera, John) Modified text on 3/4/2016 (E,P).
March 3, 2016	Order [non-document] entered by Judge James S. Gwin on 3/3/16 granting defendant's motion to excuse personal attendance of a party representative with full settlement authority at the status conference scheduled for 3/15/16 at 12:00 p.m. Said party representative shall attend via telephone conference. The Court will provide teleconference information to counsel by email. (Related Doc. #39 ) (D,MA)
February 29, 2016	Filing 39 Motion to attend March 15, 2016 Status Conference by telephone filed by Defendant Select Portfolio Servicing, Inc.. (Wallace, David)
February 25, 2016	Filing 38 Notice to take Deposition of Christine J. Forgues on March 7, 2016 filed by Select Portfolio Servicing, Inc.. (Cadieux, Karen)
February 19, 2016	Filing 37 MOTION WITHDRAWN 3/15/16 - SEE DOC. #44 Motion to compel discovery filed by Defendant Select Portfolio Servicing, Inc.. (Attachments: #1 Exhibit A - Interrogatories to Plaintiff, #2 Exhibit B - Interrogatory Responses, #3 Exhibit C - January 29, 2016 Letter, #4 Exhibit D - February 2, 2016 Email, #5 Exhibit E - February 4, 2016 Letter, #6 Exhibit F - February 8, 2016 Letter, #7 Exhibit G - February 19, 2016 Email)(Wallace, David) Modified text to reflect withdrawal of motion on 3/25/16 (D,MA)
February 10, 2016	Filing 36 Opinion & Order signed by Judge James S. Gwin on 2/10/16. For the reasons set forth in this order, the Court denies the plaintiff's motion for judgment on the pleadings. (Related Doc. #17 ) (D,MA)
February 10, 2016	Order [non-document] entered by Judge James S. Gwin on 2/10/16. The Court grants the defendant's motion and grants in part the plaintiff's motion for an extension of previously imposed deadlines. The Court's case management conference plan/order is modified as follows: dispositive motions shall be filed by 3/14/16 with responses due 3/28/16 and replies due 4/4/16. All other deadlines and hearings remain as originally scheduled. (Related Docs. #19 , #32 , and #34 ) (D,MA)
February 10, 2016	Order [non-document] entered by Judge James S. Gwin on 2/10/16 granting the plaintiff's motion to continue the status conference currently set for 2/17/16. IMPORTANT: The status conference will now be held on 3/15/16 at 12:00 p.m., Chambers 18A. (Related Doc. #35 ) (D,MA)
February 5, 2016	Filing 35 Motion to continue Hearing Scheduled for February 17, 2016 filed by Plaintiff Christine J Forgues. (Herrera, John)
February 5, 2016	Filing 34 Motion for extension of Scheduling Order Deadlines filed by Plaintiff Christine J Forgues. Related document(s) #19 . (Herrera, John)
February 2, 2016	Filing 33 Supplement (Affidavit) to #29 Motion for attorney John Herrera to Appear Pro Hac Vice filed by Christine J Forgues. Related document(s) #29 . (G,CA)
February 2, 2016	Order [non-document] entered by Judge James S. Gwin on 2/2/16 granting the motion for admission pro hac vice of Attorney John Herrera on behalf of the plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Docs. #29 and #33 ) (D,MA)
February 2, 2016	Copy of notice of electronic filing of non-document order granting motion for admission pro hac vice mailed to John Herrera, 1801 Ponce De Leon Blvd., Coral Gables, FL 33134 on 2/2/16. (D,MA)
February 1, 2016	Filing 32 Motion for extension of Dispositive Motion until March 7, 2016 filed by Defendant Select Portfolio Servicing, Inc.. (Wallace, David)
January 25, 2016	Copy of non-document notice rescheduling status conference mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 1/25/16. (D,MA)
January 25, 2016	IMPORTANT: Notice [non-document] entered by Judge James S. Gwin that the status conference previously set for 2/11/16 has been reset due to a scheduling conflict on the Court's calendar. The conference will now be held 2/17/16 at 12:30 p.m., Chambers 18A. (D,MA)
January 22, 2016	Filing 31 Opposition to #26 Motion to amend the Court's December 8, 2015 Opinion & Order filed by Select Portfolio Servicing, Inc.. (Wallace, David)
January 21, 2016	Filing 30 Marginal Entry Order signed by Judge James S. Gwin on 1/21/16 granting the plaintiff's motion for an extension of time until 1/27/16 to respond to defendant's discovery request. (Related Doc. #28 ) (D,MA)
January 21, 2016	Copy of marginal entry order approving extension of time mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 1/21/16. (Related Doc. #30 ) (D,MA)
January 15, 2016	Filing 29 Motion for attorney John Herrera to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660083284, filed on behalf of Plaintiff Christine J Forgues. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Pro Hac Vice Registration, #4 Proposed Order)(S,SR)
January 15, 2016	Filing 28 Agreed Motion for extension of time until 1/27/2016 to reply to defendant's discovery request filed by Plaintiff Christine J Forgues. (S,SR)
January 15, 2016	Financial Transaction in the amount of $120.00 received for motion to appear pro hac vice by attorney John Herrera, Receipt # 14660083284 (C,BA)
January 7, 2016	Filing 27 Reply to #24 Opposition to #17 Motion for Judgment on the Pleadings filed by Christine J Forgues. (S,SR)
January 5, 2016	Filing 26 Motion to amend the Court's December 8, 2015 Opinion & Order filed by Plaintiff Christine J Forgues. Related document(s) #21 . (Attachments: #1 Affidavit)(S,SR)
December 23, 2015	Filing 25 Marginal Entry Order signed by Judge James S. Gwin on 12/23/15. Plaintiff's motion for an extension of time to respond to the defendant's discovery request is granted in part and denied in part. Plaintiff shall respond to the discovery request by 1/15/16. (Related Doc. #22 ) (D,MA)
December 23, 2015	Copy of marginal entry order partially granting and partially denying plaintiff's motion for extension mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 12/23/15. (Related Doc. #25 ) (D,MA)
December 21, 2015	Filing 24 Opposition to #17 Motion for judgment on the pleadings filed by Select Portfolio Servicing, Inc.. (Wallace, David)
December 14, 2015	Filing 23 Opposition to #22 Motion for extension of time to to reply to Defendant's discovery request filed by Select Portfolio Servicing, Inc.. (Wallace, David)
December 14, 2015	Order [non-document] entered by Judge James S. Gwin on 12/14/15. Plaintiff is advised to supplement the motion for an extension of time to indicate the current reply deadline of the defendant's discovery request. (Related Doc. #22 ) (D,MA)
December 14, 2015	Copy of notice of electronic filing of non-document order regarding plaintiff's motion for extension of time mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 12/14/15. (D,MA)
December 11, 2015	Filing 22 Motion for extension of time of no less than 60 days to reply to Defendant's discovery request filed by Plaintiff Christine J Forgues. (B,R)
December 8, 2015	Filing 21 Opinion and Order signed by Judge James S. Gwin on 12/8/15 granting in part and denying in part defendant's motion to dismiss for the reasons set forth in this order. (Related Doc. #8 ) (D,MA)
December 8, 2015	Copy of Opinion and Order mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 12/8/15. (Related Doc. #21 ) (D,MA)
December 1, 2015	Filing 20 Order signed by Judge James S. Gwin on 12/1/15 that plaintiff is to identify experts by 12/21/15 and defendant shall identify experts by 1/4/16. (W,M)
December 1, 2015	Filing 19 Case Management Conference Plan/Order signed by Judge James S. Gwin on 12/1/15. Case assigned to the standard track. Parties to be joined and pleadings amended by 11/30/15. Dispositive motions to be filed by 2/29/16 with responses due 3/14/16 and replies due 3/21/16. All discovery to be completed by 4/18/16. Status conference set for 2/11/16 at 12:00 p.m. and final pretrial conference set for 4/20/16 at 12:00 p.m., both in Chambers 18A. Jury trial is assigned on a two-week standby basis beginning 5/2/16 at 8:00 a.m., Courtroom 18A. (W,M)
December 1, 2015	Copies of the case management and expert orders mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 12/1/15. (Related Docs. #19 and #20 ) (W,M)
November 30, 2015	Filing 18 Minutes of case management conference held before Judge James S. Gwin on 11/30/15. (Court Reporter: none; Time: 1 hr. 21 min.) (W,M)
November 30, 2015	Filing 17 Motion for judgment on the pleadings filed by Plaintiff Christine J Forgues. (S,SR)
November 30, 2015	Copy of minutes of case management conference mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 11/30/15. (Related Doc. #18 ) (W,M)
November 27, 2015	Filing 16 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Select Portfolio Servicing, Inc.. (Cadieux, Karen)
November 19, 2015	Filing 15 Reply in support of #8 Motion to dismiss for failure to state a claim filed by Select Portfolio Servicing, Inc.. (Wallace, David)
November 12, 2015	Order [non-document] entered by Judge James S. Gwin on 11/12/15 granting defendant's motion to excuse personal attendance of a party representative with full settlement authority at the case management conference scheduled for 11/30/15 at 1:30 p.m. Said party representative shall attend via telephone conference. The Court will provide teleconference information to counsel by email. (Related Doc. #11 ) (W,M)
November 12, 2015	Copy of notice of electronic filing of non-document entry granting defendant's motion to excuse personal attendance of party representative at the 11/30/15 case management conference mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 11/12/15. (W,M)
November 9, 2015	Filing 14 Reply in support of #11 Motion to excuse appearance of Party Representative at Case Management Conference filed by Select Portfolio Servicing, Inc.. (Wallace, David)
November 6, 2015	Filing 13 Opposition to #11 Motion to excuse appearance of Party Representative at Case Management Conference filed by Christine J Forgues. (S,SR)
November 4, 2015	Filing 12 Corporate Disclosure Statement filed by Select Portfolio Servicing, Inc.. (Cadieux, Karen)
November 4, 2015	Notice by Clerk that Select Portfolio Servicing, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (R,Sh)
November 3, 2015	Filing 11 Motion to excuse appearance of Party Representative at Case Management Conference filed by Defendant Select Portfolio Servicing, Inc.. Related document(s) #7 . (Wallace, David)
November 3, 2015	Filing 10 Answer to #1 Complaint, filed by Select Portfolio Servicing, Inc.. (Wallace, David)
November 3, 2015	Filing 9 Opposition to #8 Motion to dismiss for failure to state a claim filed by Christine J Forgues. (Attachments: #1 Ninth Circuit Court of Appeals Case 14-15672, #2 Third Circuit Court of Appeals Case 15-1056)(S,SR)
October 5, 2015	Filing 8 Motion to dismiss for failure to state a claim filed by Defendant Select Portfolio Servicing, Inc.. Related document(s) #1 . (Attachments: #1 Exhibit Foreclosure Complaint, #2 Exhibit State Court Docket, #3 Exhibit 3-2-12-13 Order, #4 Exhibit 4-12-13 Magistrate's Decision, #5 Exhibit 5-1-2013 Judgment Entry, #6 Exhibit Dispute of Debt, #7 Exhibit 6-30-2013 Motion to Set Aside Judgment, #8 Exhibit 9-11-15 Order, #9 Exhibit 5-23-13 Notice of Transfer)(Wallace, David)
October 2, 2015	Filing 7 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 10/2/15 setting a conference for 11/30/15 at 1:30 p.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (W,M)
October 2, 2015	Filing 6 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 10/2/15. (W,M)
October 2, 2015	Copy of Magistrate Consent Package and case management conference scheduling order mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 10/2/15. (Related Docs. #6 and #7 ) (W,M)
September 14, 2015	Order [non-document] entered by Judge James S. Gwin on 9/14/15 granting Defendant's motion for extension of time until 10/5/15 to file an answer to the Complaint. The Court requires the filing of an answer. (Related Doc. #5 ) (W,M)
September 14, 2015	Copy of Order on Motion entered by Judge James S. Gwin on 9/14/15 granting Defendant's extension of time to 10/5/15 to file an answer mailed to Christine J. Forgues, 15109 Merrimeade Drive, Cleveland, OH 44111 on 9/14/15. (W,M)
September 10, 2015	Filing 5 Motion for extension of time until October 5, 2015 to answer filed by Defendant Select Portfolio Servicing, Inc.. Related document(s) #1 . (Wallace, David)
September 1, 2015	Filing 4 Return of Service by Clerk by certified mail executed upon Select Portfolio Servicing, Inc. on August 24, 2015, filed on behalf of Christine J Forgues. Related document(s) #2 . (S,SR) Modified text 9/1/2015 (K,K).
August 27, 2015	Filing 3 Return of Service by Clerk by certified mail executed upon Select Portfolio Servicing, Inc. on 8/24/2015, filed on behalf of Christine J Forgues. Related document #2 (B,R) Modified text for link on 8/27/2015 (R,Sh).
August 20, 2015	Service by Clerk. Summons and Complaint addressed to Select Portfolio Servicing, Inc.(8527) and Registered Agent(8534) placed in U.S. Mail. Type of service: certified mail. Receipt # 70133020000023458527/8534. (C,BA)
August 19, 2015	Filing 2 Original Summons and Magistrate Consent Form issued to plaintiff for service upon Select Portfolio Servicing, Inc. at time of filing. (C,BA)
August 19, 2015	Filing 1 Complaint with jury demand against Select Portfolio Servicing, Inc. Filing fee paid. Receipt # 14660079819. Filed by Christine J Forgues. (Attachments: #1 Exhibit A - Letter from SPS dated 5/6/15, #2 Exhibit B Letter from SPS dated 4/29/15, #3 Exhibit C - Experian Credit Score, #4 Exhibit D - Letter from SPS, #5 Civil Cover Sheet) (C,BA)
August 19, 2015	Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kenneth S. McHargh. (C,BA)
August 19, 2015	Judge James S. Gwin assigned to case. (C,BA)

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Plaintiff: Christine J Forgues
Represented By:	John Herrera
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Defendant: Select Portfolio Servicing, Inc.
Represented By:	Karen M. Cadieux
Represented By:	David A. Wallace
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