Robinson et al v. Caliber Home Loans, Inc. et al
| Robert J. Robinson, Glenda Robinson, Gail Ullman, Augusto S. Vale, Elaine Durrell Frye, Diane M. Chirchirillo, Norma R. Smith, Michael A. Trusty, Elisabeth M. Trusty, Edward W. Tarty and Mary Louise Tarty |
| Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust and U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust |
| 1:2022cv00337 |
| September 13, 2022 |
| US District Court for the District of Rhode Island |
| Mary S McElroy |
| Patricia A Sullivan |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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TEXT ORDER finding as moot #11 Motion to Dismiss for Failure to State a Claim; finding as moot #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The Plaintiffs filed Notices of Voluntary Dismissal on 10/18/2022 and 10/22/2022. So Ordered by District Judge Mary S. McElroy on 11/3/2022. (Potter, Carrie)
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| Filing 14 NOTICE by Diane M. Chirchirillo, Elaine Durrell Frye, Glenda Robinson, Robert J. Robinson, Norma R. Smith, Gail Ullman, Augusto S. Vale Voluntary Dismissal without prejudice (Dion, Todd) |
| Filing 13 MOTION Defendants' Request for Judicial Notice Supporting Motion to Dismiss for Failure to State a Claim, or, In the Alternative, to Compel Plaintiffs to Join Necessary Parties and to Strike Class Allegations re: #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, In the Alternative, to Compel Plaintiffs to Join Necessary Parties and to Strike Class Allegations filed by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. Responses due by 11/4/2022. (Attachments: #1 Exhibit 1 - Mortgage Executed by Robert L. and Glenda Robinson, #2 Exhibit 2 - Foreclosure Deed Under Power of Sale in Mortgage, #3 Exhibit 3 - June 30, 2016 Recorded Quitclaim Deed, #4 Exhibit 4- September 6, 2018 Recorded Quitclaim Deed, #5 Exhibit 5 - Mortgage Executed by Eric and Gail Ullman, #6 Exhibit 6 - Foreclosure Deed Under Power of Sale in Mortgage, #7 Exhibit 7 - May 2, 2016 Recorded Quitclaim Deed, #8 Exhibit 8 - September 29, 2016 Recorded Warranty Deed Executed by Focused Investments, LLC, #9 Exhibit 9 - Mortgage Executed by Augusto S. Vale, #10 Exhibit 10 - December 29, 2015 Foreclosure Deed, #11 Exhibit 11 - June 13, 2006 Recorded Quitclaim Deed, #12 Exhibit 12 - Mortgage Executed by Elaine and Jeffrey Durrell, #13 Exhibit 13 - January 12, 2016 Recorded Foreclosure Deed Under Power of Sale in Mortgage, #14 Exhibit 14 - March 11, 2016 Recorded Quitclaim Deed, #15 Exhibit 15 - July 22, 2016 Recorded Warranty Deed, #16 Exhibit 16 - November 18, 2019 Recorded Warranty Deed, #17 Exhibit 17 - Mortgage Executed by Diane M. and Dominic A. Chirchirillo, #18 Exhibit 18 - December 18, 2015 Recorded Foreclosure Deed, #19 Exhibit 19 - September 16, 2016 Recorded Quitclaim Deed, #20 Exhibit 20 - Mortgage Executed by Norma Smith, #21 Exhibit 21 - January 12, 2016 Recorded Foreclosure Deed Under Power of Sale in Mortgage, #22 Exhibit 22 - September 4, 2019 Recorded Special Warranty Deed, #23 Exhibit 23 - February 25, 202 Recorded Warranty Deed)(Haywood, Taylor) |
| Filing 12 MEMORANDUM IN SUPPORT by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust in support of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, In the Alternative, to Compel Plaintiffs to Join Necessary Parties and to Strike Class Allegations . (Attachments: #1 Exhibit 1 - Ullman Notice of Foreclosure Sale, #2 Exhibit 2 - Smith Notice of Foreclosure Sale, #3 Exhibit 3 - Durrell Frye Notice of Foreclosure Sale, #4 Exhibit 4 - Vale Notice of Foreclosure Sale, #5 Exhibit 5 - Chirchirillo Notice of Foreclosure Sale)(Haywood, Taylor) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, In the Alternative, to Compel Plaintiffs to Join Necessary Parties and to Strike Class Allegations filed by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. Responses due by 11/4/2022. (Haywood, Taylor) |
| Filing 10 NOTICE by Edward W. Tarty, Mary Louise Tarty, Elisabeth M. Trusty, Michael A. Trusty Voluntary Dismissal (Dion, Todd) |
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TEXT ORDER granting #9 Motion for Extension of Time. So Ordered by District Judge Mary S. McElroy on 10/11/2022. (Potter, Carrie)
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| Set/Reset Deadlines: U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust answer due 10/21/2022; U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust answer due 10/21/2022. (Potter, Carrie) |
| Filing 9 Assented MOTION for an Extension of Time to File Responsive Pleading filed by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. Responses due by 10/21/2022. (Carr, Peter) |
| Filing 8 MOTION for Taylor T. Haywood to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1795159 ) filed by All Defendants. (Carr, Peter) |
| Filing 7 MOTION for Marc J. Gottlieb to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number BRIDC-1795156 ) filed by All Defendants. (Carr, Peter) |
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TEXT ORDER granting #7 Motion to Appear Pro Hac Vice of Marc J. Gottlieb. So Ordered by District Judge Mary S. McElroy on 9/16/2022. (Kenny, Meghan)
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TEXT ORDER granting #8 Motion to Appear Pro Hac Vice of Taylor T. Haywood. So Ordered by District Judge Mary S. McElroy on 9/16/2022. (Kenny, Meghan)
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TEXT ORDER granting #5 Motion for Extension of Time. Set/Reset Deadlines: All Defendants Answer due by 10/7/2022. So Ordered by District Judge Mary S. McElroy on 9/14/2022. (Potter, Carrie)
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| Filing 6 STATE COURT RECORD received electronically from the State of Rhode Island. (DaCruz, Kayla) |
| Filing 5 Assented MOTION for an Extension of Time to Respond to Plaintiffs' Complaint filed by All Defendants. Responses due by 9/27/2022. (Carr, Peter) |
| Filing 4 Corporate Disclosure Statement by U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust identifying Corporate Parent U.S. Bancorp. for U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust.. (Carr, Peter) |
| Filing 3 Corporate Disclosure Statement by Caliber Home Loans, Inc. identifying Corporate Parent NRZ Acquisition LLC, Corporate Parent Rithm Capital Corp., Corporate Parent New Residential Investment Corp. for Caliber Home Loans, Inc... (Carr, Peter) |
| Filing 2 CASE OPENING NOTICE ISSUED (Kenny, Meghan) |
| Filing 1 NEW CASE/NOTICE OF REMOVAL from Providence County Superior Court, Case Number PC-2022-04729. Filing fee $ 402, receipt number ARIDC-1793549, filed by Caliber Home Loans, Inc.. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Property Cards, #3 Exhibit C - Summons to Caliber, #4 Exhibit D - Notice of Filing to State Court, #5 Civil Cover Sheet)(Carr, Peter) |
| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Kenny, Meghan) |
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