Katz v. CrossCountry Mortgage, LLC et al
Plaintiff: Sam Katz
Defendant: CrossCountry Mortgage, LLC, Federal Savings Bank, Caliber Home Loans, Inc., LoanDepot.com, LLC, Allied First Bank and Perry Johnson Mortgage Company
Case Number: 1:2022cv00925
Filed: June 2, 2022
Court: US District Court for the Northern District of Ohio
Presiding Judge: Pamela A Barker
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2022 Opinion or Order Filing 38 Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously herewith, Defendant's Motion to Dismiss (Doc. No. #33 ) is GRANTED. Plaintiff's First Amended Complaint is dismissed with prejudice without leave to amend. The case is hereby TERMINATED. Judge Pamela A. Barker on 11/15/2022. (P,K)
November 15, 2022 Opinion or Order Filing 37 Memorandum Opinion and Order: For the reasons stated in this Order, Defendant's #33 Motion to Dismiss Amended Complaint is granted. Judge Pamela A. Barker on 11/15/2022. (P,K)
October 25, 2022 Opinion or Order Filing 36 Reply to response to #33 Motion to dismiss Amended Complaint filed by CrossCountry Mortgage, LLC. (Kita, Kevin)
October 11, 2022 Opinion or Order Filing 35 Opposition to #33 Motion to dismiss Amended Complaint filed by Sam Katz. (Reo, Bryan)
September 14, 2022 Opinion or Order Reassignment of Magistrate Judge pursuant to General Order 2022-16. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (S,HR)
September 13, 2022 Opinion or Order Filing 34 Notice of Filing Exhibit in Support of Motion to Dismiss Plaintiff's First Amended Complaint filed by CrossCountry Mortgage, LLC. (Attachments: #1 Exhibit A - State of Ohio Certificate). Related document(s) #33 . (Kita, Kevin)
September 12, 2022 Opinion or Order Filing 33 Motion to dismiss Amended Complaint, with memorandum in support, filed by Defendant CrossCountry Mortgage, LLC. Related document #32 . (Kita, Kevin)
August 27, 2022 Opinion or Order Filing 32 First Amended complaint against CrossCountry Mortgage, LLC. Filed by Sam Katz. (Reo, Bryan)
August 25, 2022 Opinion or Order Order [non-document] The Court has reviewed Defendant CrossCountry Mortgage, LLC's Response to Plaintiff's Motion for Leave to File an Amended Complaint. (Doc. No. #31 .) As Defendant does not oppose Plaintiff's Motion, the Court hereby GRANTS Plaintiff's Motion for Leave to File an Amended Complaint (Doc. No. #30 ). Accordingly, Defendant's Motion to Dismiss, or in the alternative, Motion to Sever Plaintiff's Claims (Doc. No. #3 ) is hereby rendered MOOT. Judge Pamela A. Barker on 8/25/2022.(P,K)
August 23, 2022 Opinion or Order Filing 31 Response to #30 Motion for leave to file an amended complaint filed by CrossCountry Mortgage, LLC. (Kita, Kevin)
August 22, 2022 Opinion or Order Order [non-document] As a courtesy, the parties are reminded that Defendant has fourteen (14) days from the date of filing of Plaintiff's Motion for leave to file an amended Complaint to respond to such Motion. Judge Pamela A. Barker on 8/22/2022. (P,K)
August 17, 2022 Opinion or Order Filing 30 Motion for leave to file an amended complaint, filed by Plaintiff Sam Katz. (Attachments: #1 Proposed Order, #2 Proposed Amended Complaint). (Reo, Bryan)
July 25, 2022 Opinion or Order Filing 29 Marginal Order and Notice of Party Dismissal pursuant to FRCP 41(a)(1), without prejudice, as to Defendants Federal Savings Bank, Caliber Home Loans, Inc., LoanDepot.com, LLC, Allied First Bank, Perry Johnson Mortgage Company. Judge Pamela A. Barker on 7/25/2022. (P,K)
July 22, 2022 Opinion or Order Filing 28 Notice of Dismissal Under FRCP 41(a)(1) without prejudice as to certain Defendants filed by Sam Katz. (Reo, Bryan)
July 15, 2022 Opinion or Order Filing 27 Corporate Disclosure Statement identifying Corporate Parent National Bancorp Holdings for Federal Savings Bank filed by Federal Savings Bank. (Snyder, Cary)
July 15, 2022 Opinion or Order Filing 26 Motion to dismiss plaintiff's complaint pursuant to Rules 12(b)(2) and 12(b)(6), filed by Defendant Federal Savings Bank. Related document(s) #1 . (Attachments: #1 Memorandum in Support, #2 Exhibit A - Plaintiff's Complaint). (Snyder, Cary)
July 12, 2022 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Eric J. Troutman for LoanDepot.com, LLC. 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. (Related Doc #19 ). Judge Pamela A. Barker on 7/12/2022.(P,K)
July 12, 2022 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Brittany A. Andres for LoanDepot.com, LLC. 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. (Related Doc #20 ). Judge Pamela A. Barker on 7/12/2022.(P,K)
July 8, 2022 Opinion or Order Filing 25 Order granting Defendant's Caliber Home Loans, Inc. unopposed #23 Motion for Extension of Time to Answer re #23 until 8/3/2022. Judge Pamela A. Barker on 7/8/2022.(S,KM)
July 8, 2022 Opinion or Order Filing 24 Corporate Disclosure Statement identifying Corporate Parent New Residential Investment Corp., Corporate Parent NRZ Acquisition LLC, a Delaware limited liability company for Caliber Home Loans, Inc. filed by Caliber Home Loans, Inc.. (Blaske, Nathan)
July 8, 2022 Opinion or Order Filing 23 Unopposed Motion for 21-day extension of time until 8/3/2022 to answer, with memorandum in support, filed by Defendant Caliber Home Loans, Inc. Related document(s) #1 . (Attachments: #1 Proposed Order). (Blaske, Nathan)
July 8, 2022 Opinion or Order Filing 22 Attorney Appearance by Nathan H. Blaske filed by on behalf of Caliber Home Loans, Inc.. (Blaske, Nathan)
July 7, 2022 Opinion or Order Filing 21 Supplement to Motion for attorney Eric J. Troutman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11507596, - Order granting Motion for Pro Hac Vice Admission, filed by LoanDepot.com, LLC. Related document(s) #19 . (Deka, Stefanie)
July 7, 2022 Opinion or Order Filing 20 Motion for attorney Brittany A. Andres to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11507619, filed by Defendant LoanDepot.com, LLC. (Attachments: #1 Exhibit 1 - Bar Certificate of Standing, #2 Proposed Order). (Deka, Stefanie) Modified text on 7/8/2022 (O,K).
July 7, 2022 Opinion or Order Filing 19 Motion for attorney Eric J. Troutman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11507596, filed by Defendant LoanDepot.com, LLC. (Attachments: #1 Exhibit 1 - Bar Certificate of Standing)(Deka, Stefanie) Modified text on 7/8/2022 (O,K).
July 6, 2022 Opinion or Order Filing 18 Order granting #17 Plaintiff's Motion for extension of time to reply to Defendant CrossCountry Mortgage's Motion to Dismiss until 8/26/2022. Judge Pamela A. Barker on 7/6/2022.(P,K)
July 6, 2022 Opinion or Order Filing 17 Motion for extension of time to reply to Defendant CrossCountry Mortgage's Motion to Dismiss until 8/26/2022, filed by Plaintiff Sam Katz. Related document(s) #3 . (Attachments: #1 Proposed Order). (Reo, Bryan)
July 1, 2022 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Charles K. Cooper for Allied First Bank. 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. (Related Doc #8 ). Judge Pamela A. Barker on 7/1/2022.(P,K)
July 1, 2022 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Greyson Wallis for Allied First Bank. 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. (Related Doc #9 ). Judge Pamela A. Barker on 7/1/2022.(P,K)
June 29, 2022 Opinion or Order Filing 16 Order as to Defendant loanDepot.com, LLC's Stipulated Motion for Leave to move, plead, or otherwise respond to Plaintiff Sam Katz's Complaint. Defendant LoanDepot shall have up to and including August 1, 2022 to move, plead or otherwise respond Plaintiff's Complaint. Judge Pamela A. Barker on 6/29/2022. (P,K)
June 29, 2022 Opinion or Order Filing 15 Corporate Disclosure Statement filed by Allied First Bank. (Taggart, Carolyn)
June 29, 2022 Opinion or Order Filing 14 Corporate Disclosure Statement filed by Allied First Bank. (Taggart, Carolyn)
June 28, 2022 Opinion or Order Filing 13 Corporate Disclosure Statement filed by CrossCountry Mortgage, LLC. (Kita, Kevin)
June 28, 2022 Opinion or Order Filing 12 Corporate Disclosure Statement identifying Corporate Parent LoanDepot, Inc., Corporate Parent LD Holdings Group, LLC for LoanDepot.com, LLC filed by LoanDepot.com, LLC. (Deka, Stefanie)
June 28, 2022 Opinion or Order Filing 11 Proposed Stipulation for Leave to Move, Plead, or Otherwise Respond to Plaintiff's Complaint filed by LoanDepot.com, LLC. (Attachments: #1 Proposed Order)(Deka, Stefanie)
June 28, 2022 Opinion or Order Filing 10 Attorney Appearance by Stefanie L. Deka filed by on behalf of LoanDepot.com, LLC. (Deka, Stefanie)
June 28, 2022 Opinion or Order Filing 9 Motion for attorney Greyson Wallis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11492247, filed by Defendant Allied First Bank. (Attachments: #1 Exhibit A - Affidavit of Greyson Wallis)(Taggart, Carolyn)
June 28, 2022 Opinion or Order Filing 8 Motion for attorney Charles K. Cooper to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11492233, filed by Defendant Allied First Bank. (Attachments: #1 Exhibit A - Affidavit of Charles K. Cooper)(Taggart, Carolyn)
June 27, 2022 Opinion or Order Filing 7 Motion to dismiss for lack of jurisdiction, with memorandum of points and authorities in support, filed by Defendant Allied First Bank. Related document(s) #1 . (Taggart, Carolyn)
June 27, 2022 Opinion or Order Filing 6 Attorney Appearance by Kevin W. Kita filed by on behalf of CrossCountry Mortgage, LLC. (Kita, Kevin)
June 27, 2022 Opinion or Order Filing 5 Corporate Disclosure Statement filed by Perry Johnson Mortgage Company. (Camardo, Sam)
June 27, 2022 Opinion or Order Filing 4 Motion to dismiss for lack of jurisdiction pursuant to Rule 12(b)(2), filed by Defendant Perry Johnson Mortgage Company. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Declaration of William Joshua Anderson). (Camardo, Sam)
June 27, 2022 Opinion or Order Filing 3 Motion to dismiss or, in the alternative, Motion to sever plaintiff's claims, with memorandum in support, filed by Defendant CrossCountry Mortgage, LLC. (Attachments: #1 Exhibit A - Trade Name Registration). (Richards, Austin). Added Motion to sever on 6/28/2022 (L,MI).
June 2, 2022 Opinion or Order Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Allied First Bank, Caliber Home Loans, Inc., CrossCountry Mortgage, LLC, Federal Savings Bank, LoanDepot.com, LLC, Perry Johnson Mortgage Company. (Attachments: #1 Magistrate Consent Form). (H,Ch)
June 2, 2022 Opinion or Order Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11450639. Filed by Sam Katz. (Attachments: #1 Civil Cover Sheet, #2 Summons - CrossCountry Mortgage, LLC, #3 Summons - Caliber Home Loans, Inc., #4 Summons - Perry Johnson Mortgage Company, #5 Summons - Allied First Bank, #6 Summons - LoanDepot.com, LLC, #7 Summons - Federal Savings Bank). (Reo, Bryan)
June 2, 2022 Opinion or Order Judge Pamela A. Barker assigned to case. (H,Ch)
June 2, 2022 Opinion or Order Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (H,Ch)

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Plaintiff: Sam Katz
Represented By: Bryan A. Reo
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Defendant: CrossCountry Mortgage, LLC
Represented By: Austin M. Richards
Represented By: Kevin W. Kita
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Defendant: Federal Savings Bank
Represented By: Cary M. Snyder
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Defendant: Caliber Home Loans, Inc.
Represented By: Nathan H. Blaske
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Defendant: LoanDepot.com, LLC
Represented By: Brittany A. Andres
Represented By: Stefanie L. Deka
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Defendant: Allied First Bank
Represented By: Carolyn A. Taggart
Represented By: Charles K. Cooper
Represented By: Greyson J. Wallis
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Defendant: Perry Johnson Mortgage Company
Represented By: Sam A. Camardo
Represented By: Thomas R. Lucchesi
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