Ruckman v. PHH Mortgage Corporation et al
| Angela L. Ruckman |
| Clunk, Hoose Co., L.P.A. and PHH Mortgage Corporation doing business as PHH Mortgage Servicing |
| 5:2021cv00923 |
| May 4, 2021 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Bridget Meehan Brennan |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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Filing 83
Trial Order: Parties are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Final Pretrial is scheduled for March 20, 2023, at 12:00 p.m., in Courtroom 15B. Jury Trial is scheduled for April 10, 2023, at 8:30 a.m., in Courtroom 15B. Judge Bridget Meehan Brennan on 1/17/2023. (Attachments: #1 Appendix A- Exhibit List, #2 Appendix B- Witness List) (H,AR)
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Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. A telephonic Status Conference was held on 1/17/2023, for the purpose of setting dates for the Final Pretrial and Trial in this matter. Participating for Plaintiff was Attorney Marc Dann. Participating for Defendant PHH Mortgage Corporation was Attorney John R. Wirthlin. Participating for Defendant Clunk, Hoose Co., L.P.A. was attorney Ashley Mueller. By agreement of the parties, the Court set a Final Pretrial Conference on March 20, 2023, at 12:00 p.m., in Courtroom 15B and a Jury Trial to begin on April 10, 2023, at 8:30 a.m., in Courtroom 15B. Also by agreement of the parties, the Court no longer requires the submission of status reports. (Court Reporter: none.) Time: 10 minutes. (H,AR)
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Filing 82
Tenth Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 81
Tenth Status Report filed by Clunk, Hoose Co., L.P.A.. (Infante, Laura)
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IMPORTANT: Notice [non-document] of Status Conference set for 1/17/2023 at 9:00 AM to be held telephonically before Judge Bridget Meehan Brennan. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on the line, plaintiff's counsel is to place the call to the Court at (216)357-7200. (H,AR)
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Filing 80
Tenth Status Report filed by PHH Mortgage Corporation. (Wirthlin, John)
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Filing 79
Attorney Appearance by Robert L. Dawson filed by on behalf of PHH Mortgage Corporation. (Dawson, Robert)
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Filing 78
Memorandum Opinion and Order: For the reasons stated in this Order, Defendant PHH Mortgage Corporation's Motion for Summary Judgment (Doc. No. #38 ) is DENIED. Judge Bridget Meehan Brennan on 11/1/2022. (H,AR)
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Filing 77
Ninth Status Report filed by PHH Mortgage Corporation. (Wirthlin, John)
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Filing 76
Ninth Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 75
Amended Status Report of Plaintiff filed by Angela L. Ruckman. Related document(s) #74 .(Solar, Daniel)
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Filing 74
Eighth Status Report of Plaintiff filed by Angela L. Ruckman. Related document(s) #21 .(Solar, Daniel)
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Filing 73
Memorandum Opinion and Order: Defendant Clunk, Hoose Co., L.P.A.'s motion for judgment on the pleadings, (Doc. No. #22 ), is DENIED. Judge Bridget Meehan Brennan on 10/19/2022. (H,AR)
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Filing 72
Notice of Withdrawal of Sarah A. Wilson as Counsel filed by PHH Mortgage Corporation. (Wirthlin, John)
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Filing 71
Eighth Status Report filed by Angela L. Ruckman. (Solar, Daniel)
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Filing 70
Eighth Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 69
Eighth Status Report filed by PHH Mortgage Corporation. (Wirthlin, John)
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Filing 68
Notice of Supplemental Authority filed by Angela L. Ruckman. Related document(s) #52 .(Solar, Daniel)
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Filing 67
Seventh Status Report filed by PHH Mortgage Corporation. (Wirthlin, John)
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Filing 66
Seventh Status Report filed by Angela L. Ruckman. (Solar, Daniel)
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Filing 65
Seventh Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 64
Certification of Compliance of Servicing with Local Rule 7.1(f) filed by PHH Mortgage Corporation. Related document(s) #38 , #62 .(Wirthlin, John)
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Filing 63
Notice of clarification of record and supplemental reply brief in support of motion for summary judgment filed by PHH Mortgage Corporation. (Attachments: #1 Exhibit B - Plaintiffs Memorandum in Opposition to the Motion for Summary Judgment filed by PHH on behalf of the investor, HSBC Trustee)Related document(s) #62 .(Wirthlin, John)
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Filing 62
Reply in support of #38 Motion for summary judgment filed by PHH Mortgage Corporation. (Attachments: #1 Exhibit A - Case information)(Wirthlin, John) Modified on 6/27/2022 (L,Br).
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Filing 61
Exhibits to the Notice of Filing of Deposition filed by Defendant PHH Mortgage Corporation. Related document(s) #42 . (Attachments: #1 Exhibit A - Notice of Deposition, #2 Exhibit B - NewRez Letter, #3 Exhibit C - NewRez Letter, #4 Exhibit D - Customer Account Nots Statement, #5 Exhibit E - NewRez Letter, #6 Exhibit F - Affidavit of Diane S. Bennett, #7 Exhibit G - Email dated 3/23/2021, #8 Exhibit H - NewRez Letter, #9 Exhibit I - Email dated 4/7/2021, #10 Exhibit J - Receipts, #11 Exhibit K - Receipts, #12 Exhibit L - Motion for Summary Judgment, #13 Exhibit M - Brief in Opposition to Motion to Enforce Settlement, #14 Exhibit N - Real Estate Settlement Procedures Act Policy Version 7, #15 Exhibit O - Real Estate Settlement Procedures Act Policy Version 6)(Wirthlin, John) Modified on 6/27/2022 (L,Br).
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Filing 60
Sixth Status Report filed by PHH Mortgage Corporation. (Wirthlin, John)
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Filing 59
Sixth Status Report of Plaintiff filed by Angela L. Ruckman. (Solar, Daniel)
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Filing 58
Sixth Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 57
Marginal Entry Order: Defendant PPH Mortgage Corporation's Second Agreed Motion for Extension of Time is GRANTED. (Doc. No. 56.) The reply to Plaintiff's Motion for Summary Judgment must be filed on or before 6/25/2022. Judge Bridget Meehan Brennan on 5/24/2022. (R,AP)
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Filing 56
Second Agreed Motion for extension of time until June 25, 2022 to file response/reply to #38 Motion for summary judgment filed by Defendant PHH Mortgage Corporation. Related document(s) #38 . (Wirthlin, John)
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Filing 55
Marginal Entry Order granting Defendant PPH Mortgage Corporation's Motion for Extension of Time to file a reply to Plaintiff's Opposition to the Motion for Summary Judgment. The reply is now due on or before 6/3/2022. Judge Bridget Meehan Brennan on 5/10/2022. (R,AP)
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Filing 54
Agreed Motion for extension of time until June 3, 2022 to Reply to Plaintiff's Opposition to Motion for Summary Judgment filed by Defendant PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 53
Supplement to Opposition - Supplemental Affidavit to Brief in Opposition to Motion for Summary Judgment, filed by Angela L. Ruckman. Related document(s) #52 . (Solar, Daniel)
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Filing 52
Opposition to #38 Motion for summary judgment filed by Angela L. Ruckman. (Attachments: #1 Affidavit of Angela Ruckman and Exhibits A-O)(Solar, Daniel) Modified on 4/29/2022 (L,Br).
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Filing 51
Fifth Status Report filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 50
Fifth Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Order [non-document] granting Plaintiff's Motion for Extension of Time until April 28, 2022 #48 to File Response/Reply to Motion for Summary Judgment #38 . Judge Bridget Meehan Brennan on 3/25/2022. (V,AR)
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Filing 48
Second Motion for extension of time until April 28, 2022 to file response/reply to #38 Motion for summary judgment filed by Plaintiff Angela L. Ruckman. Related document(s) #38 . (Solar, Daniel)
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Filing 49
Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. Telephonic Status Conference held on 3/22/22. Attorneys Daniel Solar and Marc Dann participated on behalf of the plaintiff. Attorney John Wirthlin participated on behalf of defendant PHH Mortgage Corporation and attorney Ashley Mueller participated on behalf of defendant Clunk Hoose Co., L.P.A. Counsel advised the Court that a mediation conference would not be beneficial to the settlement of this case and will await the ruling from the Court on the pending dispositive motions. (Court Reporter: None.) Time: 5 minutes. (R,AP)
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Filing 47
Fourth Status Report of Plaintiff filed by Angela L. Ruckman. Related document(s) #21 .(Solar, Daniel)
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Filing 46
Fourth Status Report filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 45
Minutes of proceedings before Judge Bridget Meehan Brennan. Telephonic Status Conference held on 3/08/22. Attorneys Daniel Solar and Marc Dann participated on behalf of the plaintiff. Attorney John Wirthlin participated on behalf of defendant PHH Mortgage Corporation and attorney Laura Infante participated on behalf of defendant Clunk Hoose Co., L.P.A. Parties discussed the status of this case, including discovery, dispositive motions pending before the Court, and settlement discussions. Counsel agreed to discuss scheduling a mediation conference and will advise the Court within two weeks. A Telephonic Status Conference has been set for 3/22/22 at 9:00 AM. (Court Reporter: None.) Time: 20 minutes. (R,AP)
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Order [non-document] granting unopposed Motion for Extension of Time to File Response/Reply #43 to Motion for summary judgment #38 . Judge Bridget Meehan Brennan on 03/07/2022. (V,AR)
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Filing 44
Fourth Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 43
Unopposed Motion for extension of time until 04/13/2022 to file response/reply to #38 Motion for summary judgment filed by Plaintiff Angela L. Ruckman. Related document(s) #38 . (Solar, Daniel)
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Filing 42
Notice of Filing Deposition transcript of Howard Handville taken on 01/28/2022, filed by PHH Mortgage Corporation. (Wilson, Sarah) Modified on 2/28/2022 - notified attorney regarding exhibits to be filed separately. (L,MI).
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Filing 41
Notice of Filing Deposition transcript of Angela L. Ruckman taken on 01/04/2022, with exhibits, filed by PHH Mortgage Corporation. (Wilson, Sarah) Modified on 2/28/2022 - notified attorney regarding exhibits to be filed separately. (L,MI).
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Filing 40
Affidavit of Diane S. Bennett, with exhibits attached, filed by PHH Mortgage Corporation. Related document(s) #38 . (Wilson, Sarah) Modified on 2/25/2022 - notified attorney regarding exhibits to be filed separately. (L,MI).
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Filing 39
Affidavit of Howard R. Handville in Support of Defendant's Motion for Summary Judgment, with exhibits attached, filed by PHH Mortgage Corporation. Related document(s) #38 . (Wilson, Sarah) Modified on 2/25/2022 - notified attorney regarding exhibits to be filed separately. (L,MI).
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Filing 38
Motion for summary judgment, with memorandum in support, filed by Defendant PHH Mortgage Corporation. (Wilson, Sarah)
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IMPORTANT: Notice [non-document] of Status Conference set for 3/8/2022 at 01:00 PM to be held telephonically before Judge Bridget Meehan Brennan. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Bridget Meehan Brennan at (216) 357-7200. (S,KM)
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Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. (H,JL)
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Minutes of proceedings [non-document] before Judge John R. Adams. Telephonic Status Conference held on 2/1/22. (Court Reporter: Lori Callahan.)Time: 31 Mins. (K,C)
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Filing 37
Third Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 36
Third Status Report filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 35
Third Status Report of Plaintiff filed by Angela L. Ruckman. Related document(s) #21 .(Solar, Daniel)
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Filing 34
Amended Notice to take Deposition of Angela L. Ruckman on January 4, 2022 filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 33
Second Status Report filed by Angela L. Ruckman. (Solar, Daniel)
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Filing 32
Second Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 31
Second Status Report filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 30
Notice to take Deposition of Angela L. Ruckman on December 16, 2021 filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 29
Reply in support of #22 Motion for judgment on the pleadings filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 28
Brief in Opposition to #22 Motion for judgment on the pleadings filed by Angela L. Ruckman. (Solar, Daniel)
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Filing 27
Stipulation & Order approving the parties' protective order. Judge John R. Adams on 11/16/2021. (L,J)
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Filing 26
Proposed Order Stipulated Protective Order filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 25
Status Report filed by Angela L. Ruckman. (Solar, Daniel)
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Filing 24
First Status Report filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 23
First Status Report filed by PHH Mortgage Corporation. Related document(s) #21 .(Wilson, Sarah)
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Filing 22
Motion for judgment on the pleadings filed by Defendant Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 21
Case Management Conference Plan. Case is assigned to the standard track. Telephonic Status Conference set for 2/1/2022 at 10:00 AM before Judge John R. Adams. Pleadings to be amended by 10/15/2021. Discovery due by 1/31/2020. Dispositive motions due by 2/28/2022. See order for additional deadlines and obligations of counsel. Judge John R. Adams on 9/24/2021. (L,J)
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Minutes of proceedings before Judge John R. Adams.Case Management Conference held on 9/15/21 in courtroom #575. Case is assigned to the standard track. (Court Reporter: Lori Callahan.)Time: 40 Mins.. (K,C)
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Filing 20
Notice of Service of Initial Disclosures filed by Angela L. Ruckman. (Solar, Daniel)
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Filing 19
Notice of compliance of submitting Initial Disclosures filed by Clunk, Hoose Co., L.P.A. (Infante, Laura)
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Filing 18
Notice of Exchange of Initial Disclosures filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Minutes of proceedings [non-document] before Judge John R. Adams. Telephone Case Management Conference held on 9/2/21. The case management conference is rescheduled to an in-person conference set for 9/15/2021 at 01:30 PM at Courtroom 575 before Judge John R. Adams. All parties and counsel expected to attend. (Court Reporter: Caroline Mahnke.)Time: 25 Mins. (K,C)
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Filing 17
Attorney Appearance by Laura C. Infante filed by on behalf of Clunk, Hoose Co., L.P.A.. (Infante, Laura)
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Filing 16
Report of Parties' Planning Meeting - filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 15
Report of Parties' Planning Meeting - parties consent to this case being assigned to the magistrate judge, filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 14
Case Management Conference Scheduling Order with telephonic case management conference to be held on 9/2/2021 at 10:00 AM before Judge John R. Adams. Judge John R. Adams on 8/3/2021. (Attachments: #1 Report of Parties' Planning Meeting, #2 Local Rule 30.1, #3 Magistrate Consent Form, #4 Budget, #5 ECF Policies and Procedures)(L,J)
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Filing 13
Corporate Disclosure Statement identifying Corporate Parent PHH Corporation, Corporate Parent Ocwen Financial Corporation for PHH Mortgage Corporation filed by PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 12
Answer to #1 Complaint, filed by PHH Mortgage Corporation. (Attachments: #1 Exhibit Executed Modification, #2 Exhibit Denial Letter)(Wilson, Sarah)
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Filing 11
Corporate Disclosure Statement filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 10
Answer to #1 Complaint, filed by Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 9
Attorney Appearance by Ashley E. Mueller filed by on behalf of Clunk, Hoose Co., L.P.A.. (Mueller, Ashley)
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Filing 8
Attorney Appearance by John R. Wirthlin filed by on behalf of PHH Mortgage Corporation. (Wirthlin, John)
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Filing 7
Proposed Stipulation for Leave to Plead filed by PHH Mortgage Corporation. (Attachments: #1 Proposed Order)(Wilson, Sarah)
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Filing 6
Attorney Appearance by Sarah Alford Wilson filed by on behalf of PHH Mortgage Corporation. (Wilson, Sarah)
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Filing 5
Return of Service by personal service executed upon PHH Mortgage Corporation on 5/13/2021, filed on behalf of Angela L. Ruckman Related document(s) #1 , #3 . (Dann, Marc)
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Filing 4
Return of Service by personal service executed upon Clunk, Hoose Co., L.P.A. on 5/13/2021, filed on behalf of Angela L. Ruckman Related document(s) #1 , #3 . (Dann, Marc)
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon Clunk, Hoose Co., L.P.A., PHH Mortgage Corporation. (Attachments: #1 Magistrate Consent Form). (L,MI)
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Filing 2
Supplement to Complaint - Civil Cover Sheet filed by Angela L. Ruckman. Related document(s) #1 . (Dann, Marc).
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Filing 1
Complaint for damages with jury demand against Clunk, Hoose Co., L.P.A., PHH Mortgage Corporation. Filing fee paid $ 402, Receipt number AOHNDC-10814675. Filed by Angela Ruckman. (Attachments: #1 Exhibit 1 - Note, #2 Exhibit 2 - Affidavit, #3 Exhibit 3 - Consumer Narrative, #4 Civil Cover Sheet, #5 Summons, #6 Summons) (Dann, Marc)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (L,MI)
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Judge John R. Adams assigned to case. (L,MI)
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