Santry et al v. Ocwen Loan Servicing LLC
| Michael Santry |
| Ocwen Loan Servicing, LLC and Ocwen Loan Servicing LLC |
| Sally A. Santry |
| 3:2023cv00649 |
| March 24, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Irma Carrillo Ramirez |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: Amended Pleadings due by 11/28/2023. Discovery due by 2/26/2024. Joinder of Parties due by 11/28/2023. Deadline for mediation is on or before 3/11/2024. Motions due by 3/25/2024. Status Report due by 3/18/2024. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/27/2023) (mcrd)
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| Filing 14 Joint STATUS REPORT (Status and Discovery Report), filed by Ocwen Loan Servicing LLC. (Cronenwett, Mark) |
| Filing 13 NOTICE of Interested Persons filed by Michael Santry (Barron, Thomas) |
| Filing 12 AMENDED DOCUMENT by Ocwen Loan Servicing LLC. Defendants Third Amended Certificate of Interested Parties. (Swernofsky, Rachael) Modified text on 4/24/2023 (sxf). |
| Filing 11 Certificate of Interested Persons filed by Michael Santry (Barron, Thomas) Modified on 4/19/2023 (ndt). |
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Filing 10
ELECTRONIC ORDER: Defendant removed this case to federal court on the basis of diversity jurisdiction. See Doc. No. 1. Rule 7.1 of the Federal Rules of Civil Procedure was recently amended to include a specific disclosure requirement for parties in cases where subject matter jurisdiction is based on diversity under 28 U.S. C. 1332(a). Fed. R. Civ. P. 7.1(a)(2) (effective December 1, 2022). Newly amended Rule 7.1(a)(2) provides that a party in a diversity case shall file a disclosure statement which "must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party" at the time of removal and at the occurrence of any later event that could affect diversity jurisdiction. Id.; see id. 7.1(b)(1)-(2) (timing of filing disclosure statement).The Certificate of Interested Persons/Disclosure Statement filed by Plaintiffs and Defendant, respectively, fail to comply with Rule 7.1. Accordingly, Plaintiffs and Defendant shall each file an amended disclosure statement, which complies in full with Rule 7.1(a), by April 21, 2023. Defendant is reminded that its citizenship is determined by that of its members. Failure to comply with this Order may result in sanctions being imposed, including the issuance of a show cause order requiring both counsel and their client to appear in person before the Court to explain their failure to comply with this Order. (Ordered by Judge Ed Kinkeade on 4/18/2023) (chmb)
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| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Santry. (Clerk QC note: No affiliate entered in ECF). (Barron, Thomas) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ocwen Loan Servicing LLC. (Clerk QC note: No affiliate entered in ECF). (Swernofsky, Rachael) |
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Filing 7
ORDER: Proposed Scheduling Order due by 4/25/2023. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/4/2023) (mcrd)
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| Filing 6 Defendant's Original ANSWER to Complaint filed by Ocwen Loan Servicing LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against Michael Santry, Sally A. Santry filed by Ocwen Loan Servicing LLC (Attachments: #1 Exhibit(s))Attorney Rachael Swernofsky added to party Ocwen Loan Servicing LLC(pty:dft) (Swernofsky, Rachael) |
| Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ocwen Loan Servicing LLC. (Clerk QC note: No affiliate entered in ECF). (Swernofsky, Rachael) |
| Filing 4 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (mlb) |
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Filing 3
ELECTRONIC ORDER: Defendant removed this case to federal court on the basis of diversity jurisdiction. See Doc. No. 1. Under Rule 7.1(a)(2) of the Federal Rules of Civil Procedure, where the court's jurisdiction is based on diversity, each party's Certificate of Interested Persons/Disclosure Statement "must name-and identify the citizenship of-every individual or entity whose citizenship is attributed to that party." Fed. R. Civ. P. 7.1(a)(2) (amended text effective December 1, 2022). Defendant timely filed its Certificate of Interested Persons (Doc. No. 2) with its Notice of Removal, but it fails to comply with Rule 7.1(a)(2). Further, it appears Defendant incorrectly identified Plaintiffs in this matter. Defendant is ORDERED to file an amended certificate of interested persons in compliance with Rule 7.1 by March 31, 2023, or be subject to sanctions for failure to comply with an order of the court. (Ordered by Judge Ed Kinkeade on 3/24/2023) (chmb)
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ocwen Loan Servicing, LLC. (Clerk QC note: No affiliate entered in ECF). (Cronenwett, Mark) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Ocwen Loan Servicing, LLC. (Filing fee $402; receipt number ATXNDC-13616102) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Cover Sheet, #3 Cover Sheet Supplement) (Cronenwett, Mark) |
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