Ray et al v. Caliber Home Loans Inc et al
Plaintiff: James Ray and Patricia Ray
Defendant: Caliber Home Loans Inc, Nationstar Mortgage LLC, Assurant Inc and Does 1 -10
Case Number: 3:2016cv00364
Filed: August 22, 2016
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: CLARK
Presiding Judge: Michael R. Merz
Presiding Judge: Walter H. Rice
Nature of Suit: All Other Real Property
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 27, 2017 Opinion or Order Filing 44 ORDER ADOPTING REPORT AND RECOMMENDATIONS - 1) Plaintiffs' claims against Caliber Home Loans are dismissed without prejudice. 2) Plaintiffs' claims 1 & 3 against Nationstar are dismissed with prejudice and claim 4 is dismissed without prejudice. 3) Assurant, or Assurant's affiliate Standard Guaranty, is ORDERED to pay Plaintiffs the sum of $1,223.00, in a check made jointly payable to Plaintiffs and Defendant Caliber Home Loans, Inc. 4) Plaintiffs' claims agains t Assurant are dismissed with prejudice. This case is TERMINATED on the docket of this Court. Signed by Judge Walter H. Rice on 1/27/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 10, 2017 Opinion or Order Filing 43 REPORT AND RECOMMENDATIONS ON MOTION TO ENFORCE SETTLEMENT - Upon Assurant's unopposed motion to enforce, it is hereby respectfully recommended that the Court enter judgment enforcing the settlement as follows: (1) Directing Assurant to pay Pla intiffs, in the amount of $1223.00, in a check made jointly payable to Plaintiffs and Defendant Caliber Home Loans, Inc. The Order should also note that the payment may be made by Assurant's affiliate, Standard Guaranty. (2) Dismissing Pl aintiffs claims against Assurant, Inc., in the above- captioned action with prejudice. (3) Releasing Assurant, Inc., and Standard Guaranty from any claims Plaintiffs may have against them. Because Plaintiffs' claim against Assurant is the sole remaining claim in the case, the Court should make its enforcement order part of a judgment that is final under Fed. R. Civ. P. 54. Objections to R&R due by 1/24/2017. Signed by Magistrate Judge Michael R. Merz on 1/10/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 30, 2016 Opinion or Order Filing 42 DECISION AND ENTRY ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #29); DEFENDANT NATIONSTAR MORTGAGE, LLC'S FED. R. CIV. P. 12(b)(6) MOTION TO DISMISS (DOC. # 10 ) IS SUSTAINED; PLAINTI FFS JAMES RAY AND PATRICIA RAY'S CLAIMS OF FRAUD (COUNT I) AND VIOLATION OF OHIO REVISED CODE§ 1923.05 (COUNT Ill) AGAINST NATIONSTAR ARE DISMISSED WITH PREJUDICE; PLAINTIFFS' CLAIM OF VIOLATION OF OHIO REVISED CODE §2329 (COUNT IV) IS DISMISSED WITHOUT PREJDUICE; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF NATIONSTAR AND AGAINST PLAINTIFFS ON COUNTS I AND Ill. Signed by Judge Walter H. Rice on 12/30/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 18, 2016 Opinion or Order Filing 33 ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations of Magistrate Judge Michael R. Merz (ECF No. 28 ), to whom this case was referred pursuant to 28 U.S.C. § 636 (b), and noting that no objecti ons have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, ORDERED that Plaintiffs' claims against Caliber Home Loans, Inc. are DISMISSED without prejudice for failure to state a claim upon which relief can be granted. Signed by Judge Walter H. Rice on 11/18/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 1, 2016 Opinion or Order Filing 29 REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS OF DEFENDANT NATIONSTAR MORTGAGE - re 10 Objections to R&R due by 11/18/2016. Signed by Magistrate Judge Michael R. Merz on 11/1/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 31, 2016 Opinion or Order Filing 28 REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS OF DEFENDANT CALIBER HOME LOANS, INC. re 9 MOTION to Dismiss filed by Caliber Home Loans Inc Objections to R&R due by 11/17/2016. Signed by Magistrate Judge Michael R. Merz on 10/31/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 14, 2016 Opinion or Order Filing 21 ENTRY REJECTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ ON MOTION TO DISMISS OF DEFENDANT CALIBER HOME LOANS, INC. (DOC. # 18 ), AND VACATING IN PART NOTATION ORDER OF MAGISTRATE JUDGE MERZ GRANTING IN PART AND DENYING IN PART MOTION FOR EXTENSION OF TIME OF PLAINTIFFS JAMES RAY AND PATRICIA RAY (DOC. # 20 ); PLAINTIFFS MAY FILE, NO LATER THAN OCTOBER 21, 2016, MEMORANDA CONTRA TO THE MOTIONS TO DISMISS OF CALIBER (DOC. # 9 ) AND DEFENDANT NATIONSTAR MORTGAGE, LLC (DOC. # 10 ). Signed by Judge Walter H. Rice on 10/13/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 4, 2016 Opinion or Order Filing 18 REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS OF DEFENDANT CALIBER HOME LOANS, INC. - re 9 MOTION to Dismiss filed by Caliber Home Loans Inc Objections to R&R due by 10/21/2016. Signed by Magistrate Judge Michael R. Merz on 10/4/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Search for this case: Ray et al v. Caliber Home Loans Inc et al
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Plaintiff: James Ray
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Plaintiff: Patricia Ray
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Defendant: Caliber Home Loans Inc
Represented By: Robert C Folland
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Defendant: Nationstar Mortgage LLC
Represented By: Melany Kotlarek Fontanazza
Represented By: James W Sandy
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Defendant: Assurant Inc
Represented By: Peter John Georgiton
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Defendant: Does 1 -10
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