Lozada et al v. Ocwen Loan Servicing, LLC
| Jaqueline Lozado and Jose Lozada |
| Ocwen Loan Servicing, LLC |
| 1:2020cv00416 |
| September 18, 2020 |
| US District Court for the District of Rhode Island |
| John J McConnell |
| William E Smith |
| Patricia A Sullivan |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 8 STIPULATION re (19 in 1:20-cv-00040-WES-LDA) Response to Motion - Extending Time to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss filed by Deutsche Bank National Trust Company, Ocwen Loan Servicing, LLC. Associated Cases: 1:18-cv-00385-WES-LDA et al.(Bodurtha, Samuel) |
| Cases associated: Create association to 1:18-cv-00385-WES-LDA. (Jackson, Ryan) |
TEXT ORDER granting (36) Motion to Consolidate Cases in case 1:18-cv-00385-WES-LDA; granting (13) Motion to Consolidate Cases in case 1:20-cv-00032-WES-LDA; granting (14) Motion to Consolidate Cases in case 1:20-cv-00036-WES-PAS; granting (13) Motion to Consolidate Cases in case 1:20-cv-00037-WES-PAS; granting (18) Motion to Consolidate Cases in case 1:20-cv-00040-WES-LDA; granting (16) Motion to Consolidate Cases in case 1:20-cv-00063-WES-LDA; granting (7) Motion to Consolidate Cases in case 1:20-cv-00416-WES-PAS: Where "proceedings involve a common party and common issues of fact or law[,]" the Court "has broad discretion in weighing the costs and benefits of consolidation..." Seguro de Servicio de Salud de Puerto Rico v. McAuto Sys. Group, Inc., 878 F.2d 5, 8 (1st Cir. 1989) (emphasis omitted). See Fed. R. Civ. P. 42(a). Here, the following seven cases are brought against Ocwen Loan Servicing, LLC: Andrade et al v. Ocwen Loan Servicing, LLC (18-385-WES); Lemieux et al v. Ocwen Loan Servicing, LLC et al (20-32-WES); Preble et al v. Ocwen Loan Servicing, LLC et al (20-36-WES); Darrow et al v. Ocwen Loan Servicing, LLC et al (20-37-WES); Parra et al v. Ocwen Loan Servicing, LLC et al (20-40-WES); Theroux et al v. Ocwen Loan Servicing, LLC et al (20-63-WES); and Lozada et al v. Ocwen Loan Servicing, LLC (20-416-WES). Ocwen now moves to consolidate the cases for the limited purpose of determining whether Plaintiffs have asserted a viable claim for damages based on the allegation that Defendant was not licensed to operate in Rhode Island at the time of the foreclosures at issue. Ocwen states that all relevant properties have already been sold to third parties. Plaintiffs have assented to the Motion to Consolidate Cases. The Court finds that the cases present common issues of both fact and law, that consolidation would assist judicial economy, and that Plaintiffs would not be prejudiced by consolidation. For these reasons, the Motion is GRANTED. So Ordered by District Judge William E. Smith on 11/3/2020. (Jackson, Ryan)
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| Case reassigned to District Judge William E. Smith. Chief Judge John J. McConnell, Jr. no longer assigned to the case. (Barletta, Barbara) |
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TEXT ORDER: This case is transferred to the calendar of Judge William E. Smith- So Ordered by Chief Judge John J. McConnell, Jr. on 10/7/2020. (Barletta, Barbara)
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| Filing 7 MOTION to Consolidate Cases filed by Ocwen Loan Servicing, LLC. Responses due by 10/14/2020. (Burk, Jamal) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Jose Lozada, Jaqueline Lozado.(Dion, Todd) |
| Filing 5 STATE COURT RECORD received electronically from the State of Rhode Island. (Potter, Carrie) |
| Filing 5 STATE COURT RECORD received electronically from the State of Rhode Island. (Potter, Carrie) |
| Filing 4 NOTICE of Appearance by Jamal D. Burk on behalf of Ocwen Loan Servicing, LLC (Burk, Jamal) |
| Filing 4 NOTICE of Appearance by Jamal D. Burk on behalf of Ocwen Loan Servicing, LLC (Burk, Jamal) |
| Filing 3 CASE OPENING NOTICE ISSUED (McGuire, Vickie) |
| Filing 3 CASE OPENING NOTICE ISSUED (McGuire, Vickie) |
| Filing 2 Corporate Disclosure Statement by Ocwen Loan Servicing, LLC identifying Corporate Parent Ocwen Financial Corporation for Ocwen Loan Servicing, LLC.. (Bodurtha, Samuel) |
| Filing 2 Corporate Disclosure Statement by Ocwen Loan Servicing, LLC identifying Corporate Parent Ocwen Financial Corporation for Ocwen Loan Servicing, LLC.. (Bodurtha, Samuel) |
| Filing 1 NEW CASE/NOTICE OF REMOVAL from Providence County Superior Court, Case Number PC-2020-05099. Filing fee $ 400, receipt number 0103-1550618, filed by Ocwen Loan Servicing, LLC. (Attachments: #1 Complaint, #2 Notice of Filing of Notice of Removal, #3 Exhibit A, #4 Exhibit B, #5 Civil Cover Sheet)(Bodurtha, Samuel) |
| Filing 1 NEW CASE/NOTICE OF REMOVAL from Providence County Superior Court, Case Number PC-2020-05099. Filing fee $ 400, receipt number 0103-1550618, filed by Ocwen Loan Servicing, LLC. (Attachments: #1 Complaint, #2 Notice of Filing of Notice of Removal, #3 Exhibit A, #4 Exhibit B, #5 Civil Cover Sheet)(Bodurtha, Samuel) |
| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (McGuire, Vickie) |
| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (McGuire, Vickie) |
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