Nietzche et al v. Freedom Home Mortgage Corporation et al

Plaintiff: William X. Nietzche, William Kinney, Jr. and Julie A. Metcalf Kinney
Defendant: Freedom Home Mortgage Corporation, Rushmore Loan Management Services LLC, Beneficial Oregon Inc., U.S. Bank National Association, MTGLQ Investors, L.P., Mortgage Electronic Registration Systems, HSBC Holdings PLC, Urban Housing Development, LLC, Clear Recon Corporation, Regional Trustee Services Corporation and Barristers Support Services
Case Number: 3:2018cv01930
Filed: November 5, 2018
Court: US District Court for the District of Oregon
Presiding Judge: Michael H Simon
Nature of Suit: Real Property: Foreclosure
Cause of Action: 15:1692
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on December 31, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 31, 2018 Filing 56 Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Freedom Home Mortgage Corporation. (Barnard, Nellie)
December 31, 2018 Filing 55 Declaration of Terrance Slominski . Filed by Urban Housing Development, LLC. (Related document(s): Motion to Remand #54 .) (Slominski, Terrance)
December 31, 2018 Filing 54 Motion to Remand to State Court. Filed by Urban Housing Development, LLC. (Slominski, Terrance)
December 28, 2018 Filing 53 Corporate Disclosure Statement . Filed by Urban Housing Development, LLC. (Slominski, Terrance)
December 28, 2018 Filing 52 Answer to #1 Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1 . Filed by Urban Housing Development, LLC. (Slominski, Terrance)
December 28, 2018 Filing 51 Corporate Disclosure Statement . Filed by Beneficial Oregon Inc., HSBC Holdings PLC. (Benedick, Kelsey)
December 27, 2018 Filing 50 Corporate Disclosure Statement . Filed by U.S. Bank National Association. (Farrell, Michael)
December 27, 2018 Filing 49 Corporate Disclosure Statement . Filed by Rushmore Loan Management Services LLC. (Farrell, Michael)
December 27, 2018 Filing 48 Answer to #1 Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1 . Filed by Rushmore Loan Management Services LLC, U.S. Bank National Association. (Farrell, Michael)
December 27, 2018 Filing 46 Motion to Dismiss for Failure to State a Claim . Filed by MTGLQ Investors, L.P.. (Kono, Kevin)
December 21, 2018 Filing 47 Notice - titled by filer as "Mandatory Judicial Cognizance Notice." This filing includes a conventionally filed flash drive. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. Filed by William X. Nietzche. (eo)
December 17, 2018 Filing 45 Response in Opposition to Motion for Default Judgment #19 Oral Argument requested. Filed by Beneficial Oregon Inc., HSBC Holdings PLC. (Benedick, Kelsey)
December 17, 2018 Filing 44 Request for Judicial Notice re Declaration of Kelsey M. Benedick. Filed by Beneficial Oregon Inc., HSBC Holdings PLC. (Benedick, Kelsey)
December 17, 2018 Filing 43 Declaration of Kelsey M. Benedick . Filed by Beneficial Oregon Inc., HSBC Holdings PLC. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #42 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Benedick, Kelsey)
December 17, 2018 Filing 42 Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by HSBC Holdings PLC, Beneficial Oregon Inc.. (Benedick, Kelsey)
December 17, 2018 Filing 41 Certificate of Service by William X. Nietzche of Affidavit #40 Filed by William X. Nietzche. (ecp)
December 14, 2018 Filing 40 Plaintiff's Affidavit of Fact to Pierce the Corporate Veil of Defendant UHD. Filed by William X. Nietzche. (ecp)
December 13, 2018 Filing 39 Certificate of Service by William X. Nietzche of Motion for Extension of Time #33 , Affidavit #32 , Affidavit in Support of Motion #34 Filed by William X. Nietzche. (ecp)
December 13, 2018 Filing 38 Notice of Removal to Multnomah County. Filed by William X. Nietzche. (ecp)
December 11, 2018 Filing 37 Clerk's Notice of Mailing regarding Order on motion for extension of time 36 mailed to plaintiffs on 12/12/2018. (mja)
December 11, 2018 Opinion or Order Filing 36 ORDER - Plaintiffs' Motion for Extension of Time (ECF #33 ) of 60 days to seek legal counsel is DENIED AS MOOT, without prejudice to request an extension in the future. At this time, there is nothing pending for which a response by Plaintiffs is required and thus there is no deadline for which an extension of time is needed. Additionally, the general case deadlines for the close of discovery and certain required filings are currently scheduled in March and April and thus do not require extending at this time. Plaintiffs, however, have leave to request an extension if any Defendant files a motion in response to the Complaint requiring a response by Plaintiffs, such as a motion to dismiss or motion for judgment on the pleadings. The responses to the Complaint by the Defendants who have appeared in this case are due on December 27 and 28, 2018. If a motion is filed Plaintiffs' response normally would be due 14 days later. Plaintiffs can request an extension of time of the deadline to respond to any such motion. Ordered by Judge Michael H. Simon. (mja)
December 10, 2018 Opinion or Order Filing 35 ORDER - The Court finds that Plaintiffs fail to show either a likelihood of success on the merits or even serious questions going to the merits, even considering Plaintiffs' additional written materials submitted after the hearing. The Court therefore declines to reach the remaining factors relevant to deciding a temporary restraining order. Plaintiffs' motions for a temporary restraining order (ECF #2 , #10 ) are DENIED. Signed on 12/10/2018 by Judge Michael H. Simon. Copy of this Order and Order 30 mailed to Plaintiffs on 12/10/2018. (mja)
December 10, 2018 Filing 34 Affidavit of Fact in Support of Motion (ECF #33 ) for Extension of Time. Filed by William X. Nietzche. (mja)
December 10, 2018 Filing 33 Motion for Extension of Time. Filed by William X. Nietzche. (mja)
December 10, 2018 Filing 32 Affidavit in support of reply, ECF #31 . Filed by Plaintiff William X. Nietzche. (mja)
December 10, 2018 Filing 31 Plaintiffs' reply in support of motion for temporary restraining order (ECF #2 ) and motion to stay state court proceeding, ECF #10 . Filed by Plaintiff William Nietzche. (mja)
December 10, 2018 Filing 30 MINUTES OF MOTION HEARING: Order - Plaintiffs' motion for temporary restraining order (ECF #2 ), and motion to stay state court proceeding (ECF #10 ) are DENIED for the reasons stated on the record. Formal order to follow. Pro se Plaintiffs did not appear for this hearing. Kevin H. Kono present as counsel for Defendant MTGLQ Investors, L.P. Michael J. Farrell present as counsel for Defendants Rushmore Loan Management Services LLC and U.S. Bank National Association. Terrance J. Slominski present as counsel for Defendant Urban Housing Development, LLC. Kelsey M. Benedick present as counsel for Defendants HSBC Holdings PLC, and Beneficial Oregon, Inc. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
December 7, 2018 Filing 29 Declaration of Roman Ozeruga . Filed by Urban Housing Development, LLC. (Related document(s): Response to Motion #28 .) (Slominski, Terrance)
December 7, 2018 Filing 28 Response to Motion for StayMotion for Imposition of Sanctions #10 , Motion for Temporary Restraining Order #2 . Filed by Urban Housing Development, LLC. (Slominski, Terrance)
December 7, 2018 Filing 27 Response in Opposition to Motion for StayMotion for Imposition of Sanctions #10 , Motion for Temporary Restraining Order #2 . Filed by Rushmore Loan Management Services LLC, U.S. Bank National Association. (Farrell, Michael)
December 6, 2018 Filing 26 Notice of Appearance of Kelsey M. Benedick appearing on behalf of Beneficial Oregon Inc., HSBC Holdings PLC Filed by on behalf of Beneficial Oregon Inc., HSBC Holdings PLC. (Benedick, Kelsey)
December 6, 2018 Filing 25 Notice of Appearance of Pilar C. French appearing on behalf of Beneficial Oregon Inc., HSBC Holdings PLC Filed by on behalf of Beneficial Oregon Inc., HSBC Holdings PLC. (French, Pilar)
December 6, 2018 Filing 24 Response to Motion for Temporary Restraining Order #2 , Motion for StayMotion for Imposition of Sanctions #10 . Filed by MTGLQ Investors, L.P.. (Kono, Kevin)
December 4, 2018 Opinion or Order Filing 23 Scheduling Order by Judge Michael H. Simon. Order - Defendants MTGLQ Investors, L.P., Loan Management Services LLC, and U.S. Bank National Association move for an extension of time to respond to Plaintiffs' Complaint. These Defendants request until December 27, 2018 to respond to the Complaint. Defendant Urban Housing Development, LLC also moves for an extension of time, until December 28, 2018, to respond to Plaintiffs' Complaint. These motions (ECF #8 , #15 , and #16 ) are GRANTED. Plaintiffs, however, have filed a Motion for a Temporary Restraining Order (ECF #2 ) and a Motion to Stay and for Sanctions (ECF #10 ). The Court construes the latter motion as a motion for a temporary restraining order to stay related state court proceedings. Defendants have until noon on December 7, 2018, to respond to Plaintiffs' pending motions. A hearing on these motions is set for Monday, December 10, 2018 at 8:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
December 3, 2018 Filing 22 Notice of Appearance of David J. Elkanich appearing on behalf of Freedom Home Mortgage Corporation Filed by on behalf of Freedom Home Mortgage Corporation. (Elkanich, David)
November 30, 2018 Filing 21 Motion for Default Judgment Against Mers. Filed by Julie A. Metcalf Kinney, William X. Nietzche. (ecp)
November 30, 2018 Filing 20 Motion for Default Judgment Against Urban Housing Development. Filed by Julie A. Metcalf Kinney, William X. Nietzche. (ecp)
November 30, 2018 Filing 19 Motion for Default Judgment against HSBC Holdings PLC. Filed by Julie A. Metcalf Kinney, William X. Nietzche. (ecp)
November 30, 2018 Filing 18 Motion for Default Judgment against Clear Recond Corporation. Filed by Julie A. Metcalf Kinney, William X. Nietzche. (ecp)
November 30, 2018 Filing 17 Motion for Default Judgment against Barristers Support Services. Filed by Julie A. Metcalf Kinney, William X. Nietzche. (ecp) Modified on 12/3/2018 to additional filer(ecp).
November 30, 2018 Filing 16 Motion for Extension of Time to Answer . Expedited Hearing requested. Filed by Urban Housing Development, LLC. (Slominski, Terrance)
November 29, 2018 Filing 15 Motion for Extension of Time to Answer Complaint #1 . Filed by Rushmore Loan Management Services LLC, U.S. Bank National Association. (Farrell, Michael)
November 29, 2018 Filing 14 Return of Service Executed as to Urban Housing Development, LLC served on 11/7/2018, answer due on 1/7/2019. (joha)
November 29, 2018 Filing 13 Waiver of Service of Summons Returned Executed by Freedom Home Mortgage Corporation waiver sent on 11/29/2018. Filed by Freedom Home Mortgage Corporation. (Barnard, Nellie)
November 29, 2018 Opinion or Order Filing 12 Order - The Clerk is directed to docket the Return of Service received by Plaintiff via facsimile on November 28, 2018. Ordered by Judge Michael H. Simon. (mja)
November 29, 2018 Filing 11 Notice of Appearance of Nellie Q. Barnard appearing on behalf of Freedom Home Mortgage Corporation Filed by on behalf of Freedom Home Mortgage Corporation. (Barnard, Nellie)
November 28, 2018 Filing 10 Motion for Stay and Motion for Imposition of Sanctions. Filed by William X. Nietzche. (ecp)
November 28, 2018 Filing 9 Corporate Disclosure Statement . Filed by MTGLQ Investors, L.P.. (Kono, Kevin)
November 28, 2018 Filing 8 Motion for Extension of Time to File Response to Plaintiffs' Complaint. Filed by MTGLQ Investors, L.P.. (Kono, Kevin)
November 19, 2018 Filing 7 Return of Service Executed as to Barristers Support Services served on 11/7/2018, answer due on 11/28/2018; Clear Recon Corporation served on 11/8/2018, answer due on 11/29/2018; Freedom Home Mortgage Corporation served on 11/8/2018, answer due on 11/29/2018; HSBC Holdings PLC served on 11/9/2018, answer due on 11/30/2018; MTGLQ Investors, L.P. served on 11/8/2018, answer due on 11/29/2018; Mortgage Electronic Registration Systems served on 11/8/2018, answer due on 11/29/2018; Rushmore Loan Management Services LLC served on 11/8/2018, answer due on 11/29/2018; U.S. Bank National Association served on 11/8/2018, answer due on 11/29/2018. (Attachments: #1 Freedom Home Mortgage Corporation, #2 Mortgage Electronic Registration Systems, #3 HSBC Holdings PLC, #4 MTGLQ Investors, L.P., #5 Rushmore Loan Management Services LLC, #6 U.S. Bank National Association, #7 Clear Recon Corporation, #8 Barristers Support Services) (joha)
November 7, 2018 Filing 6 Summons Issued as to Barristers Support Services, Clear Recon Corporation, Freedom Home Mortgage Corporation, HSBC Holdings PLC, MTGLQ Investors, L.P., Mortgage Electronic Registration Systems, Rushmore Loan Management Services LLC, U.S. Bank National Association, Urban Housing Development, LLC. (jn)
November 5, 2018 Filing 5 Clerk's Notice of Mailing to Julie A. Metcalf Kinney regarding Discovery order, #4 . (ecp)
November 5, 2018 Opinion or Order Filing 4 Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/5/2019. Joint Alternate Dispute Resolution Report is due by 4/4/2019. Pretrial Order is due by 4/4/2019. Ordered by Judge Michael H. Simon. (ecp)
November 5, 2018 Filing 3 Declaration of William X. Zietzche. Filed by William X. Nietzche. (Related document(s): Motion for Temporary Restraining Order #2 .) (ecp)
November 5, 2018 Filing 2 Motion for Temporary Restraining Order and a Preliminary Injunction. Filed by Julie A. Metcalf Kinney. (Attachments: #1 Memorandum) (ecp)
November 5, 2018 Filing 1 Complaint. Filing fee in the amount of $400 collected. Receipt No. 80710. Jury Trial Requested: Yes. Filed by Julie A. Metcalf Kinney against All Defendants (Attachments: #1 Civil Cover Sheet). (ecp)

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Search for this case: Nietzche et al v. Freedom Home Mortgage Corporation et al
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Defendant: Freedom Home Mortgage Corporation
Represented By: Nellie Q. Barnard
Represented By: David J. Elkanich
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Defendant: Rushmore Loan Management Services LLC
Represented By: Thomas W. Purcell
Represented By: Michael J. Farrell
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Defendant: Beneficial Oregon Inc.
Represented By: Pilar C. French
Represented By: Kelsey M. Benedick
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Defendant: U.S. Bank National Association
Represented By: Thomas W. Purcell
Represented By: Michael J. Farrell
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Defendant: MTGLQ Investors, L.P.
Represented By: Kevin H. Kono
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Defendant: Mortgage Electronic Registration Systems
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Defendant: HSBC Holdings PLC
Represented By: Pilar C. French
Represented By: Kelsey M. Benedick
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Defendant: Urban Housing Development, LLC
Represented By: Terrance J. Slominski
Represented By: David W. Venables
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Defendant: Clear Recon Corporation
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Defendant: Regional Trustee Services Corporation
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Defendant: Barristers Support Services
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Plaintiff: William X. Nietzche
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Plaintiff: William Kinney, Jr.
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Plaintiff: Julie A. Metcalf Kinney
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