Dunn v. PHH Mortgage Company
| Georgia M Dunn and Georgia M. Dunn |
| PHH Mortgage Company, successor by merger to Ocwen Loan Servicing, LLC and PHH Mortgage Company |
| 1:2022cv01555 |
| September 1, 2022 |
| US District Court for the Northern District of Ohio |
| Bridget Meehan Brennan |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.
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Filing 8
Case Management Conference Scheduling Order signed by Judge Bridget Meehan Brennan on 9/21/2022. Case Management Conference is set for 11/7/2022 at 9:00 a.m. to be held telephonically before Judge Bridget Meehan Brennan. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the scheduled conference time. (Attachments: #1 Report of Parties' Planning Meeting, #2 Letter from Chief Judge Gaughan, #3 Magistrate Consent Form, #4 Standard for Discovery of Electronically Stored Information, #5 Rule 30.1) (V,AR)
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Order [non-document] DENYING Defendant's motion for extension of time to answer complaint as moot. (Doc. No. #3 .) On September 8, 2022, Defendant timely filed its answer to the complaint. (Doc. No. #4 .) Judge Bridget Meehan Brennan on 9/21/2022. (V,AR)
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Order [non-document] STRIKING Defendant's Notice of Bankruptcy Filing and Automatic Stay. (Doc. No. #5 .) Plaintiff initiated this action against Defendant because of Defendant's alleged failure to credit all payments made in a foreclosure proceeding. (Doc. No. #1 - #2 .) The automatic stay under Section 362(a)(1) of the Bankruptcy Code "only applies to acts against the debtor." In re GYPC, INC., 634 B.R. 983, 1002 (Bankr. S.D. Ohio 2021) (internal quotation marks omitted) (emphasis added); see also Koolik v. Markowitz, 40 F.3d 567, 568 (2d Cir. 1994) ("This Court has recognized that the automatic stay is applicable only to proceedings 'against' the debtor."). A corollary to this is that "[t]he automatic stay provision of the Bankruptcy Code, 11 U.S.C. 362, does not extend to lawsuits initiated by the debtor." Crosby v. Monroe Cnty., 394 F.3d 1328, 1331 n.2 (11th Cir. 2004); see also Martin-Trigona v. Champion Fed. Sav. & Loan Ass'n, 892 F.2d 575, 577 (7th Cir. 1989) ("For in any event the automatic stay is inapplicable to suits by the bankrupt ("debtor," as he is now called)."). This rule applies even if the debtor plaintiff initiates litigation related to a foreclosure proceeding. In re Abreu, 527 B.R. 570, 581 (Bankr. E.D.N.Y. 2015) (finding that plaintiff's claims related to foreclosed property were not subject to the automatic stay because they were brought by the plaintiff). Accordingly, Plaintiff's petition for voluntary relief in the United States Bankruptcy Court of the Northern District of Ohio does not automatically stay this proceeding. Judge Bridget Meehan Brennan on 9/21/2022. (V,AR)
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Order [non-document] DENYING Plaintiff's motion to remand (Doc. No. 6) for the reasons stated in Defendant's response to Plaintiff's remand motion (Doc. No. #7 .) The Court has jurisdiction over this matter because Plaintiff's claims arise under the laws of the United States. 28 U.S.C. 1331. Defendant also properly and timely removed this case. 28 U.S.C. 1446. Judge Bridget Meehan Brennan on 9/21/2022. (V,AR)
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| Copy of Order on motion to remand to state court, Order on motion for extension of time to answer, Order striking Defendant's notice of bankruptcy filing and automatic stay, Case Management Conference Scheduling Order, and Case Management Conference call-in information mailed to Georgia M. Dunn, 27320 Markbarry Avenue, Euclid, OH 44132 on 9/21/2022. (V,AR) |
| Filing 7 Response to #6 Motion to remand to State Court filed by PHH Mortgage Company. (Wirthlin, John) |
| Filing 6 Motion to remand to State Court filed by Plaintiff Georgia M Dunn. Related document(s) #1 . (Attachments: #1 Exhibit A - Ocwen Loan Servicing Discovery Requests). (H,Ch) |
| Filing 5 STRICKEN: Notice of Filing Bankruptcy and Automatic Stay filed by PHH Mortgage Company. Related document(s) #4 . (Wirthlin, John) Modified on 9/21/2022 to include "stricken" per this Court's 9/21/2022 Order. (V,AR). |
| Filing 4 Answer to Complaint (Related Doc #1 ) filed by PHH Mortgage Company. (Wirthlin, John) |
| Filing 3 Motion for extension of time to answer complaint, filed by Defendant PHH Mortgage Company. Related document #1 . (Attachments: #1 Proposed Order). (Wirthlin, John) |
| Filing 2 Magistrate Consent Form issued. (S,DM) |
| Judge Bridget Meehan Brennan assigned to case. (S,DM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (S,DM) |
| Notice by Clerk that PHH Mortgage Company are reminded of their obligation to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,DM) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV22964741 Filing fee paid $ 402, receipt number BOHNDC-11596775.. Filed by PHH Mortgage Company, successor by merger to Ocwen Loan Servicing, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, Complaint, #3 Exhibit B, Returned Mail #4 Exhibit C, Notice of Filing Removal) (Wirthlin, John) |
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