Klimo v. U.S. Bank Trust National Association, et al.
| Robert M. Klimo |
| U.S. Bank Trust National Association, Meridian Asset Services LLC, Franklin Credit Management Corporation, Planet Home Lending, LLC, NWL Company LLC, State of Ohio Department of Taxation, United States Internal Revenue Service, Chicago Title Insurance Company/Servicelink, Cuyahoga County Fiscal Officer and Cuyahoga County Treasurer, Huntington National Bank and John/Jane Does |
| 1:2026cv00293 |
| February 5, 2026 |
| U.S. District Court for the Northern District of Ohio |
| Donald C Nugent |
| Real Property: Foreclosure |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on August 26, 2026. A more recent docket listing may be available from PACER.
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| Filing 35 Reply in support of #11 Motion to dismiss for lack of jurisdiction and Motion to dismiss for failure to state a claim filed by Chicago Title Insurance Company/Servicelink. (VanSlyke, David) |
Filing 34
Report and Recommendation that the Court dismiss Plaintiff's Complaint without prejudice for Plaintiff's failure to prosecute and comply with court orders. And if the Court accepts my recommendation that Plaintiff's claims be dismissed without prejudice, I also recommend that the Court deny as moot Defendants' numerous pending Motions to Dismiss. (Case No. 26-cv-293, ECF Nos. #3 , #11 , #14 , #23 ; Case No. 26-cv-294, ECF Nos. #16 , #19 , #20 ). Objections to Report & Recommendation due by 8/17/2026 Signed by Magistrate Judge Jennifer Dowdell Armstrong on 8/3/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN(K,L)
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| Copy of (34 in 1:26-cv-00293-DCN, 26 in 1:26-cv-00294-DCN) Report and Recommendation mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 8/3/2026. Related document(s)(34 in 1:26-cv-00293-DCN, 26 in 1:26-cv-00294-DCN). Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN (K,L) |
| Filing 33 Opposition to Defendant Chicago Title Insurance Company/Servicelink's #11 Motion to dismiss for lack of jurisdiction and Motion to dismiss for failure to state a claim filed by Robert M. Klimo. (H,Ch) |
| Filing 32 Opposition to Defendant U.S. Bank Trust National Association and Planet Home Lending, LLC's #3 Motion to dismiss for failure to state a claim filed by Robert M. Klimo. (H,Ch) |
| Filing 31 Opposition to Defendant Huntington National Bank's #14 Motion to dismiss for failure to state a claim filed by Robert M. Klimo. (H,Ch) |
| Filing 30 Notice of Voluntary Dismissal without Prejudice as to United States Internal Revenue Service only filed by Robert M. Klimo. (H,Ch) |
| Copy of Order on Motion for leave mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 7/8/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN (K,L) |
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Order [non-document] Now pending is Plaintiff's Notice of Emergency Motion for Leave to File Out-Of-Time Oppositions (ECF No. #24 ) in Case No. 26-cv-93. Plaintiff's Motion is GRANTED. Plaintiff shall file responses to all Defendants' pending motions to dismiss on or before July 16, 2026. No extensions will be granted. Plaintiff is further on notice if he fails to file his responses on or before July 16, 2026, that I will recommend without further notice that the Court dismiss Case Nos. 26-cv-293 and 26-cv-294 with prejudice for failure to comply with numerous court orders and for want of prosecution pursuant to Fed. R. Civ. P. 41(b). Magistrate Judge Jennifer Dowdell Armstrong on 7/8/2026.Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN(K,L)
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| Filing 29 Response to Plaintiff's #24 Emergency Motion for leave to file out-of-time oppositions nunc pro tunc, for extension of time under Fed. R. Civ. P. 6(B)(a)(B), and combined response to Order to Show Cause filed by NWL Company LLC. (VanVactor, Zachary) |
| Filing 28 Response to Plaintiff's #24 Emergency Motion for leave to file response to orders to show cause filed by Chicago Title Insurance Company/Servicelink. (VanSlyke, David) Modified text on 6/30/2026 (S,DA). |
| Filing 27 Memorandum in Opposition to Plaintiff's #24 Emergency Motion for leave to file out-of-time oppositions nunc pro tunc, for extension of time, and combined response to Orders to Show Cause filed by Franklin Credit Management Corporation. (Nalley, David) Modified text on 6/30/2026 (S,DA). |
| Filing 26 Opposition to Plaintiff's #24 Motion for leave to file out-of-time oppositions filed by United States Internal Revenue Service. (Ina, Rema) |
| Filing 25 Response to Plaintiff's #24 Emergency Motion for leave to file out-of-time oppositions filed by Planet Home Lending, LLC, U.S. Bank Trust National Association. (Hart, David) Modified event on 6/26/2026 (S,DA). |
| Copy of Order mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 6/16/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN (K,L) |
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Order [non-document] Now pending is Plaintiff's Motion for Leave (ECF No. #24 ). Defendants are directed to file a response to Plaintiff's Motion for Leave on or before June 23, 2026. Magistrate Judge Jennifer Dowdell Armstrong on 6/16/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN(K,L)
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| Filing 24 Emergency Motion for leave to file out-of-time oppositions nunc pro tunc, for extension of time under Fed. R. Civ. P. 6(B)(a)(B), and combined response to Order to Show Cause filed by Plaintiff Robert M. Klimo. Related document(s) #21 , #17 . (Attachments: #1 Memorandum in Support, #2 Declaration of Robert M. Klimo). (H,Ch) |
| Copy of Order mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 6/2/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN (K,L) |
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Order [non-document] This Court has issued two Show Cause Orders (ECF Nos. #22 , #23 ) for Plaintiff's failure to file timely opposition briefs to the multiple Motions to Dismiss filed in this case by Defendants Planet Home Lending LLC and U.S. Bank Trust National Association in Case 1:26-CV-293 (ECF No. #3 ), Defendants Chicago Title Insurance Company in Case No. 26-cv-293 (ECF No. #11 ), Defendant Internal Revenue Service in Case No. 1:26-cv-294 (ECF No. #16 ), and Hunting National Bank in Case No. 26-cv-293 (ECF No. #14 ) and in Case No. 26-cv-294 (EF No. #19 ), as well as to seek an extension of time to respond to these Motions. Plaintiff has failed to timely comply with these Show Cause Orders. Additionally, Plaintiff's time to respond to Defendant Franklin Credit Management Corporations Motion to Dismiss, or in the Alternative for More Definite Statement in Case No. 26-cv-193 (ECF No. #20 ) has expired. Plaintiff is hereby on notice that failure to respond to the Show Cause Orders and Defendant Franklin's Motion to Dismiss on or before 6/12/2026 will result in a recommendation to dismiss Case Nos. 26-cv-293 and 26-cv-294 with prejudice for want of prosecution pursuant to Fed. R. Civ. P. 41(b) without further notice. Magistrate Judge Jennifer Dowdell Armstrong on 6/2/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN(K,L)
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| Filing 23 Motion to dismiss for failure to state a claim, Motion to dismiss for lack of jurisdiction filed by Defendant NWL Company LLC. (Attachments: #1 Exhibit 1 - Assignments) (VanVactor, Zachary) |
| Copy of 5/4/26 non-document Order on Motions for leave mailed to Robert M. Klimo at 8707 Stearns Rd, Olmsted Falls, OH 44138 on 5/4/26. (L,Br) |
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Order [non-document]: Defendant NWL Company LLC's Amendment to Motion for Leave to File Responsive Pleading (ECF No. #20 ) is GRANTED and its Motion for Leave to File Responsive Pleading (ECF No. #19 ) is DENIED AS MOOT. Defendant shall file its responsive pleading on or before 5/18/2026. Magistrate Judge Jennifer Dowdell Armstrong on 5/4/26. (L,Br)
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| Filing 22 Attorney Appearance by Zachary M. VanVactor filed on behalf of NWL Company LLC. (VanVactor, Zachary) |
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Filing 21
Order to Show Cause. Signed by Magistrate Judge Jennifer Dowdell Armstrong on 4/24/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN(K,L)
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| Copy of (23 in 1:26-cv-00294-DCN) Order to Show Cause mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 4/24/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN (K,L) |
| Filing 20 Amendment to Motion for leave to File Responsive Pleading filed by Defendant NWL Company LLC. (Elrod, Sara) |
| Filing 19 Motion for leave to File Responsive Pleading filed by Defendant NWL Company LLC. (Elrod, Sara) |
| Filing 18 Attorney Appearance by Sara R. Elrod Ruml filed by on behalf of NWL Company LLC. (Elrod, Sara) |
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Filing 17
Order to Show Cause. On or before April 30, 2026, Plaintiff is ORDERED to show cause for his failure to file timely opposition briefs to the Motions and his failure to seek an extension of time to respond to the Motions. Plaintiff is hereby on notice that failure to comply with this Show Cause Order may result in a recommendation to dismiss this action for want of prosecution pursuant to Fed. R. Civ. P. 41(b) without further notice. Signed by Magistrate Judge Jennifer Dowdell Armstrong on 4/16/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN(K,L)
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| Copy of (22 in 1:26-cv-00294-DCN) Order to Show Cause mailed to Robert M. Klimo 8787 Stearns Rd Olmstead Falls, OH 44138 on 4/16/2026. Associated Cases: 1:26-cv-00293-DCN, 1:26-cv-00294-DCN (K,L) |
| Copy of Order on Motion for leave mailed to Robert M. Klimo 8787 Stearns Rd Olmstead Falls, OH 44138 on 4/8/2026. Associated Cases: 1:26-cv-00294-DCN, 1:26-cv-00293-DCN (K,L) |
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Order [non-document] On 3/13/2026, the County Defendants filed a Motion for Leave to File Amended Answer (ECF No. #13 ) in Case No. 26-cv-293, which the Court granted on 4/6/2026 and deemed the Amended Answer (ECF No. [13-1]) as filed. On 4/7/2026, the Court issued an order consolidating Case No. 1:26-cv-293 with Case No. 1:26-cv-294 and directed that "all future case filings shall be filed under Case No. 1:26-cv-293." (ECF No. #15 , Case No. 26-cv-293). Now pending is the County Defendants' Motion for Leave to File a Responsive Pleading, which was filed in Case No. 26-cv-294 (ECF No. #18 ) prior to the Court's consolidation order. Because the Court deemed the County Defendants' Amended Answer as filed in Case No. 1:26-cv-293, ECF No. 18 in Case No. 26-cv-294 is DENIED AS MOOT. If the County Defendants also wish to file a Motion for Judgement on the Pleadings pursuant to Fed. R. Civ. P. 12(c), the County Defendants may do so without leave of Court. Magistrate Judge Jennifer Dowdell Armstrong on 4/8/2026.Associated Cases: 1:26-cv-00294-DCN, 1:26-cv-00293-DCN(K,L)
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| Filing 16 Attorney Appearance by David C. Nalley filed by on behalf of Franklin Credit Management Corporation. (Nalley, David) |
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Filing 15
Order The Court GRANTS the Motion to Consolidate (ECF No. #12 ) in Case No. 1:26-cv-293. The Court also GRANTS the Motion to Consolidate (ECF No. #15 ) in Case No. 1:26-cv-294. The two captioned cases are now consolidated. All future case filings shall be filed under Case No. 1:26-cv-293. Signed by Magistrate Judge Jennifer Dowdell Armstrong on 4/7/2026.(K,L)
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| Copy of #15 Order on Motion to consolidate cases mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 4/7/2026. (K,L) |
| Copy of Order on Motion for leave mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 4/6/2026. (K,L) |
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Order [non-document] The County Defendants' Motion for Leave to File Amended Answer (ECF No. #13 ) is GRANTED. The Court deems the County Defendants' Amended Answer (ECF No. [13-1]) as filed on the docket. Magistrate Judge Jennifer Dowdell Armstrong on 4/6/2026.(K,L)
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| Filing 14 Motion to dismiss for failure to state a claim filed by Defendant Huntington National Bank. (Salisbury-Copper, Jessica) |
| Filing 13 Motion for leave to File Amended Answer filed by Defendant Cuyahoga County Fiscal Officer and Cuyahoga County Treasurer. Related document(s) #5 . (Attachments: #1 Exhibit A - Amended Answer)(Musson, Mark) |
| Copy of Order on Motion for leave mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 3/11/2026. (K,L) |
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Order [non-document] Defendant Huntington National Bank's Motion for Leave to File a Responsive Pleading (ECF No. #8 ) is GRANTED. Defendant's responsive pleading is due on or before 3/25/2026. Magistrate Judge Jennifer Dowdell Armstrong on 3/11/2026.(K,L)
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| Filing 12 Motion to consolidate cases filed by Planet Home Lending, LLC, U.S. Bank Trust National Association. (Hart, David) |
| Filing 11 Motion to dismiss for lack of jurisdiction and Motion to dismiss for failure to state a claim filed by Defendant Chicago Title Insurance Company/Servicelink. (VanSlyke, David). Added Motion to dismiss for lack of jurisdiction on 3/5/2026 (H,Ch). |
| Filing 10 Attorney Appearance by David L. VanSlyke filed by on behalf of Chicago Title Insurance Company/Servicelink. (VanSlyke, David) |
| Filing 9 Attorney Appearance by Emma H. Peters filed on behalf of Huntington National Bank. (Peters, Emma) |
| Filing 8 Motion for leave to File a Responsive Pleading with Memorandum in Support filed by Defendant Huntington National Bank. Related document(s) #1 . (Salisbury-Copper, Jessica) |
| Filing 7 Corporate Disclosure Statement identifying Corporate Parent Huntington Bancshares Incorporated, Other Affiliate BlackRock, Inc. for Huntington National Bank filed by Huntington National Bank. (Salisbury-Copper, Jessica) |
| Filing 6 Attorney Appearance by Jessica E. Salisbury-Copper filed by on behalf of Huntington National Bank. (Salisbury-Copper, Jessica) |
| Filing 5 Answer to #1 Complaint filed by Cuyahoga County Fiscal Officer and Cuyahoga County Treasurer. (Musson, Mark) |
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Filing 4
Order referring case to Magistrate Judge Jennifer Dowdell Armstrong for pretrial supervision. The Magistrate Judge is hereby authorized to: (1) oversee service of the Complaint and orders of the Court; (2) conduct a Case Management Conference and Status Hearing; (3) enter and enforce non-dispositive pretrial orders including, but no limited to, orders pertaining to discovery matters; (4) sign all stipulated orders; and, (5) rule on all non-dispositive motions. The Magistrate Judge shall also (6) issue any preliminary orders and conduct any necessary evidentiary hearing or other appropriate proceeding, Local Rule 72.1, and file with the Court a report containing proposed findings and recommendation for disposition of case-dispositive motions. The Court reserves the right to rule directly on any matter filed in the within matter. This case shall be returned to this Court when ready for trial unless all parties consent to trial before Magistrate Judge Armstrong. IT IS SO ORDERED. Judge Donald C. Nugent on 2/20/2026. (M,S)
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| Copy of #4 Order of Referral, mailed to Robert M. Klimo 8707 Stearns Rd Olmsted Falls, OH 44138 on 2/20/2026. Related document(s) #4 . (M,S) |
| Filing 3 Motion to dismiss for failure to state a claim filed by Defendant U.S. Bank Trust National Association, Planet Home Lending, LLC. (Attachments: #1 Exhibit Note, #2 Exhibit Mortgage, #3 Exhibit Loan Modification Agreement, #4 Exhibit Foreclosure Complaint, #5 Exhibit US Bank's Motion for Summary Judgment, #6 Exhibit Order Granting US Bank's Motion for Summary Judgment, #7 Exhibit Register of Actions)(Hart, David) Modified filers on 3/3/2026 (M,CE). |
| Filing 2 Magistrate Consent Form issued. (H,Ch) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV 26 130530 Filing fee paid $ 405, receipt number AOHNDC-13507250. Filed by U.S. Bank National Association, Planet Home Lending, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-Complaint) (Hart, David) |
| 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. (H,Ch) |
| Judge Donald C. Nugent assigned to case. (H,Ch) |
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