Schmitt v. Security National Servicing Corporation
Plaintiff: Desiree M. Schmitt
Defendant: Security National Servicing Corporation doing business as SN Servicing Corporation
Case Number: 1:2021cv01188
Filed: June 15, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: J Philip Calabrese
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2021 Filing 19 Stipulated Protective Order. Judge J. Philip Calabrese on 8/4/2021. (Attachments: #1 Acknowledgement and Agreement to be Bound)(Y,A)
August 4, 2021 Filing 18 Case Management Conference Plan/Order: Case is assigned to the complex track. Case not referred to ADR at this time. Parties do not consent to the jurisdiction of a Magistrate Judge. The parties agree to follow the default standard for discovery of ESI found in Appendix K to the Local Rules. The parties agree [the Court should enter a protective order, pursuant to Appendix L to the Local Rules, which the Court will do by separate entry. The schedule is as follows: initial disclosures due August 27, 2021; motions to amend the pleadings or add parties due September 17, 2021; response and reply to Defendant's motion to accord by Local Rule; initial written discovery to be served on or before September 14, 2021. The next status conference will be scheduled, if necessary, after the Court rules on the motion to dismiss. At that status conference, Defendant shall be prepared to state whether it intends to oppose class certification by reference to the merits. Judge J. Philip Calabrese on 8/4/2021. (Y,A)
August 4, 2021 Opinion or Order Order [non-document]: The Court Orders that under Rule 502(d) of the Federal Rules of Evidence, an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceeding. Judge J. Philip Calabrese on 8/4/2021. (Y,A)
August 4, 2021 Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a Case Management Conference by Zoom on August 4, 2021. Brian Flick, Matthew De Re, Thomas Zimmerman, and Marc Dann appeared for Plaintiff Desiree Schmitt; Edward Chang and Sarah Wilson appeared for Defendant Security National Servicing Corporation. The parties discussed the status of the case at the pleading stage, including Defendant's pending motion to dismiss, issues relating to bifurcation of discovery, standing, and whether Defendant intends to defend against class certification by reference to the merits. With respect to the pending motion to dismiss, the parties agreed to respond and reply in conformity with the Local Rules. Discovery is stayed pending a ruling on the motion to dismiss, except that the parties should serve written discovery requests as soon as reasonably practicable and no later than the close of briefing on the motion to dismiss so that discovery can proceed reasonably promptly following the next status conference. Case Management Order, Rule 502 Order, and Protective Order to issue. Time: 40 minutes. (Y,A)
July 30, 2021 Filing 17 Answer to #1 Complaint, filed by Security National Servicing Corporation. (Purtell, William)
July 30, 2021 Filing 16 Motion to dismiss for failure to state a claim with memorandum in support filed by Defendant Security National Servicing Corporation. (Attachments: #1 Exhibit A - Bankruptcy Docket) (Wilson, Sarah)
July 29, 2021 Filing 15 Joint Motion to attend the August 4, 2021 Discovery Conference by telephone filed by Defendant Security National Servicing Corporation. Related document(s) #8 . (Purtell, William)
July 29, 2021 Opinion or Order Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney Edward W. Chang for Security National Servicing Corporation. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #13 ). Judge J. Philip Calabrese on 7/29/2021. (Y,A)
July 29, 2021 Opinion or Order Order [non-document]: Before the Court is the parties' joint motion for leave requesting that all counsel be permitted to appear at the upcoming case management conference by Zoom, as opposed to in-person. (ECF No. #15 .) The Court GRANTS the motion and the Courtroom Deputy will provide Zoom information to counsel. Judge J. Philip Calabrese on 7/29/2021.(Y,A)
July 28, 2021 Filing 14 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Security National Servicing Corporation. (Wilson, Sarah)
July 28, 2021 Filing 13 Motion for attorney Edward W. Chang to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10956436, filed by Defendant Security National Servicing Corporation. (Attachments: #1 Affidavit of Edward W. Chang)(Wilson, Sarah)
July 28, 2021 Filing 12 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Desiree M. Schmitt. (Flick, Brian)
July 27, 2021 Filing 11 Attorney Appearance by Sarah Alford Wilson filed by on behalf of Security National Servicing Corporation. (Wilson, Sarah)
June 30, 2021 Filing 10 Corporate Disclosure Statement filed by Security National Servicing Corporation. (Purtell, William)
June 30, 2021 Filing 9 Agreed Stipulated Motion for extension of time until 7/30/2021 to answer Complaint, filed by Defendant Security National Servicing Corporation. Related document(s) #1 . (Attachments: #1 Proposed Order). (Purtell, William)
June 30, 2021 Opinion or Order Order [non-document]: For good cause shown and by agreement of the parties, Defendant shall have until July 30, 2021 to answer, move, or otherwise plead in response to the complaint. Judge J. Philip Calabrese on 6/30/2021. (Y,A)
June 23, 2021 Filing 8 Case Management Conference Scheduling Order with case management conference to be held on 8/4/2021 at 2:00 p.m. in Chambers 16B before Judge J. Philip Calabrese. (Attachments: #1 Rule 26 Report of Parties) (Y,A)
June 22, 2021 Filing 7 Return of Service by personal service executed upon Security National Servicing Corporation on 6/18/2021, filed on behalf of Desiree M. Schmitt Related document(s) #1 . (Dann, Marc)
June 18, 2021 Filing 6 Attorney Appearance by Matthew C. De Re filed by on behalf of Desiree M. Schmitt. (De Re, Matthew)
June 18, 2021 Opinion or Order Order [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Matthew C. De Re for Desiree M. Schmitt. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #5 ). Judge J. Philip Calabrese on 6/18/2021. (Y,A)
June 17, 2021 Filing 5 Motion for attorney Matthew C. De Re to Appear Pro Hac Vice with Affidavit of Matthew C. De Re and Certificate of Good Standing. Filing fee $ 120, receipt number AOHNDC-10889654, filed by Plaintiff Desiree M. Schmitt. (Attachments: #1 Proposed Order)(Dann, Marc)
June 17, 2021 Filing 4 Attorney Appearance by Thomas A. Zimmerman, Jr filed by on behalf of Desiree M. Schmitt. (Zimmerman, Thomas)
June 17, 2021 Filing 3 Motion for attorney Thomas A. Zimmerman to Appear Pro Hac Vice with Affidavit and Certificate. Filing fee $ 120, receipt number AOHNDC-10888743, filed by Plaintiff Desiree M. Schmitt. (Attachments: #1 Proposed Order)(Dann, Marc)
June 17, 2021 Opinion or Order Order [non-document]: granting Motion for appearance pro hac vice by attorney Thomas A. Zimmerman, Jr for Desiree M. Schmitt. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #3 ). Judge J. Philip Calabrese on 6/17/2021. (Y,A)
June 15, 2021 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Security National Servicing Corporation. (Attachments: #1 Magistrate Consent Form). (L,MI)
June 15, 2021 Filing 1 Class Action Complaint for damages with jury demand against Security National Servicing Corporation. Filing fee paid $ 402, Receipt number AOHNDC-10884454. Filed by Desiree Schmitt. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit 1 - Note, #4 Exhibit 2 - Mortgage, #5 Exhibit 3 - Modification, #6 Exhibit 4 - Proof of Claim). (Dann, Marc)
June 15, 2021 Judge J. Philip Calabrese assigned to case. (L,MI)
June 15, 2021 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (L,MI)

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Plaintiff: Desiree M. Schmitt
Represented By: Brian D. Flick
Represented By: Thomas A. Zimmerman, Jr.
Represented By: Marc E. Dann
Represented By: Matthew C. De Re
Represented By: Daniel M. Solar
Represented By: Michael A. Smith, Jr.
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Defendant: Security National Servicing Corporation doing business as SN Servicing Corporation
Represented By: Edward W. Chang
Represented By: Sarah Alford Wilson
Represented By: William L. Purtell
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