Bank of New York Mellon v. Westerhold et al.
| Bank of New York Mellon |
| Scott C. Westerhold, Unknown Spouse of Scott C. Westerhold, Unknown Heirs, Legatees, Devisees, Executors, Administrators and Assigns and their Spouses, of Jill M. Westerhold and State of Ohio Department of Taxation |
| Select Portfolio Services, Inc |
| 3:2023cv02225 |
| November 16, 2023 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Petition for Removal- Foreclosure |
| Defendant |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 Certified copies of #10 Order of Remand, docket sheet, and state court record mailed to Huron County Court of Common Pleas with acknowledgement of receipt enclosed. (R,EM) |
| Filing 10 REMAND ORDER. Examining the Complaint (Doc. #1 -1), this Court finds no basis for federal jurisdiction. This case is therefore remanded back to the Huron County Court of Common Pleas. See Order for details. Judge Jack Zouhary on 1/5/2024. (V,S) |
Filing 9
ORDER. Initial Telephone Conference held on December 21, 2023. Counsel agreed to review and discuss the recent filings (Docs. #7 - #8 ), and discuss the merits of a remand. If counsel require further assistance with the issue of remand, or settlement, counsel may contact Chambers. Counsel should report the result of their conversations to the Court by January 5, 2024. Judge Jack Zouhary on 12/21/2023. (15 mins) (V,S)
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| Filing 8 Response to #7 Memorandum in Opposition to Proposed Remand Order filed by Bank of New York Mellon, Bank of New York Mellon, Select Portfolio Services, Inc. (Wallace, David) |
| Filing 7 Defendant/Counterclaimant's Memorandum in Opposition to Proposed Remand Order filed by Scott C. Westerhold. (Attachments: #1 Exhibit Notice of Filing Notice of Removal)(McGookey, Daniel) Modified docket text on 12/15/2023 (D,L). |
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ORDER [non-document] granting #6 Motion for Extension of Time to Reply, Move or Otherwise Respond to Counterclaim. Plaintiff's Response to Counterclaim now due January 12, 2024. Judge Jack Zouhary on 12/13/2023. (V,S)
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| Filing 6 Motion for extension of time until January 12, 2024 to Reply, Move or Otherwise Respond to #3 Counterclaim filed by Plaintiff Bank of New York Mellon. (Wallace, David) |
| NOTICE [non-document] of Initial Telephone Conference set for Wednesday, December 20, 2023 at 2 PM (EST) before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line (provided by email). No dispositive motions shall be filed prior to the Initial Telephone Conference. (V,S) |
| Filing 5 Attorney Appearance by David A. Wallace and Karen M. Cadieux filed by on behalf of Plaintiff, Bank of New York Mellon, and THird Party Defendant Select Portfolio Services, Inc. (Wallace, David) |
| Filing 4 Notice of Substitution of Counsel removing attorney Michael Brinkman and Aaron Cole and adding attorney Gregory A. Stout filed by on behalf of Bank of New York Mellon. (Stout, Gregory) |
| Filing 3 Answer to Complaint with Jury Demand Counterclaim, and Third party complaint against Select Portfolio Services, Inc, filed by Scott C. Westerhold. (Attachments: #1 Letter to Scott Westerhold, #2 Letter to Scott Westerhold, #3 Letter to Scott Westerhold, #4 Letter to Scott Westerhold #5 Letter to Scott Westerhold, #6 Letter to Scott Westerhold, #7 Letter to Scott Westerhold, #8 Letter to Scott Westerhold, #9 Letter to Scott Westerhold, #10 Copy of Bill, #11 Copy of Disclosure Statement, #12 Copy of Statement, #13 Transaction History, #14 Credit Union Balance, #15 Statement, #16 Letter to Scott Westerhold)(McGookey, Daniel) |
| Notice to Attorney Aaron M. Cole. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Michael R. Brinkman. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 2 Magistrate Consent Form issued. (K,AR) |
| Filing 1 Notice of Removal from Huron County Common Pleas, case number CVE 20230641 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-12277904. Filed by Scott C Westerhold. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Exhibit Judgment Entry, #4 Notice of Filing Notice of Removal) (McGookey, Daniel) |
| Judge Jack Zouhary assigned to case. (K,AR) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (K,AR) |
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