Williams et al v. PHH Mortgage Corporation
Plaintiff: Barbara Poff, Melbourne Poff and Ursula N. Williams
Defendant: PHH Mortgage Corporation
Case Number: 4:2020cv04018
Filed: November 24, 2020
Court: US District Court for the Southern District of Texas
Presiding Judge: Charles Eskridge
Nature of Suit: Consumer Credit
Cause of Action: 15 U.S.C. § 1692
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2021 Opinion or Order Filing 62 ORDER granting #61 Motion for Extension of Time. Defendants shall file their motion to dismiss on or before 02/01/2021. Plaintiffs shall file their opposition on or before 02/11/2021, and Defendants shall file their reply on or before 03/15/2021.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
January 11, 2021 Opinion or Order Filing 61 Joint MOTION for Extension of Time Briefing Deadlines Related to Defendant's Motion to Dismiss by Barbara Poff, Melbourne Poff, Ursula N. Williams, filed. Motion Docket Date 2/1/2021. (Attachments: #1 Proposed Order)(Pulliam, Randall)
January 11, 2021 Opinion or Order Filing 60 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Barbara Poff, Melbourne Poff, Ursula N. Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pulliam, Randall)
January 11, 2021 Opinion or Order Filing 59 STIPULATION re: Permitting Plaintiffs to File Amended Complaint by Barbara Poff, Melbourne Poff, Ursula N. Williams, filed. (Attachments: #1 Exhibit A)(Pulliam, Randall)
January 7, 2021 Opinion or Order Filing 58 ORDER granting #55 Motion for James Kauffman to Appear Pro Hac Vice.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
January 7, 2021 Opinion or Order Filing 57 ORDER granting #54 Motion for Elizabeth Ryan to Appear Pro Hac Vice.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
January 5, 2021 Opinion or Order Filing 56 NOTICE of Appearance by Scott Burnett Smith on behalf of PHH Mortgage Corporation, filed. (Smith, Scott)
January 4, 2021 Opinion or Order Filing 55 MOTION for James L. Kauffman to Appear Pro Hac Vice by Barbara Poff, filed. Motion Docket Date 1/25/2021. (Pulliam, Randall)
January 4, 2021 Opinion or Order Filing 54 MOTION for Elizabeth Ryan to Appear Pro Hac Vice by Barbara Poff, filed. Motion Docket Date 1/25/2021. (Pulliam, Randall)
December 22, 2020 Opinion or Order Filing 53 ORDER granting #48 Motion for Extension of Time. Plaintiffs response to the motion is dismiss is due by 01/15/2021. Defendants shall file their reply on or before 02/05/2021.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
December 22, 2020 Opinion or Order Filing 52 CERTIFICATE OF INTERESTED PARTIES by Barbara Poff, Melbourne Poff, Ursula N. Williams, filed.(Pulliam, Randall)
December 21, 2020 Opinion or Order Filing 51 ORDER granting #46 MOTION for Lee Lowther to Appear Pro Hac Vice (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
December 21, 2020 Opinion or Order Filing 50 ORDER granting #42 MOTION for Zachary A. Madonia to Appear Pro Hac Vice (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
December 21, 2020 Opinion or Order Filing 49 ORDER granting #43 MOTION for Michael R. Pennington to Appear Pro Hac Vice (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
December 21, 2020 Opinion or Order Filing 48 Unopposed MOTION for Extension of Time Briefing Deadlines by Barbara Poff, Melbourne Poff, Ursula N. Williams, filed. Motion Docket Date 1/11/2021. (Attachments: #1 Proposed Order)(Pulliam, Randall)
December 18, 2020 Opinion or Order Filing 47 SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 04/23/2021. Joinder of Parties due by 03/24/2021. Plaintiff Expert Report due by 10/20/2021. Deft Expert Report due by 11/19/2021. Discovery due by 01/04/2022. Mediation due by 05/06/2022. Dispositive Motion Filing due by 02/18/2022. Non-Dispositive Motion Filing due by 02/18/2022. Joint Pretrial Order due by 06/07/2022. Docket Call set for 07/18/2022 at 9:30 AM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (jengonzalezadi)
December 14, 2020 Opinion or Order Filing 46 MOTION for Lee Lowther to Appear Pro Hac Vice by Barbara Poff, Melbourne Poff, Ursula N. Williams, filed. Motion Docket Date 1/4/2021. (Lowther, Edwin)
December 14, 2020 Opinion or Order Filing 45 NOTICE of Appearance by Randall K. Pulliam on behalf of Barbara Poff, Melbourne Poff, Ursula N. Williams, filed. (Pulliam, Randall)
December 11, 2020 Opinion or Order Filing 44 MOTION to Dismiss by PHH Mortgage Corporation, filed. Motion Docket Date 1/4/2021. (Ford, Robert)
December 10, 2020 Opinion or Order Filing 43 MOTION for Michael R. Pennington to Appear Pro Hac Vice by PHH Mortgage Corporation, filed. Motion Docket Date 12/31/2020. (Ford, Robert)
December 10, 2020 Opinion or Order Filing 42 MOTION for Zachary A. Madonia to Appear Pro Hac Vice by PHH Mortgage Corporation, filed. Motion Docket Date 12/31/2020. (Ford, Robert)
December 9, 2020 Opinion or Order Filing 41 NOTICE Regarding Procedural Posture of Case by PHH Mortgage Corporation, filed. (Ford, Robert)
December 7, 2020 Opinion or Order Filing 40 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/24/2021 at 01:30 PM in Courtroom 8B before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4)
November 24, 2020 Opinion or Order Filing 39 Case transferred in from New Jersey. Case Number 1:20-cv-09075; certified copy of transfer order, certified docket sheet, and transfer letter received
November 24, 2020 Opinion or Order Filing 38 ORDER directing the Clerk to transfer this case to the United States District Court for the Southern District of Texas, Houston Division. Signed by Judge Renee Marie Bumb on 11/24/2020. (dmr)
November 24, 2020 Opinion or Order ***Civil Case Terminated. (dmr)
November 23, 2020 Opinion or Order Filing 37 Letter from Patricia M. Kipnis re 36 Order,. (KIPNIS, PATRICIA)
November 12, 2020 Opinion or Order Filing 36 TEXT ORDER After holding a Zoom pre-motion conference, the Court orders the following schedule: within ten (10) days, the parties are to file a joint letter stating their positions on a transfer of this matter to federal court in Texas, pursuant to 28 U.S.C. 1404(a). So Ordered by Judge Renee Marie Bumb on 11/12/2020. (Costigan, Roberta)
November 12, 2020 Opinion or Order Filing 35 Minute Entry for proceedings held before Judge Renee Marie Bumb: Pre-Motion Conference held via video on 11/12/2020. Ordered within 10 days for the parties to submit a joint letter to the Court. (Court Reporter Karen Friedlander) (ar1, )
November 6, 2020 Opinion or Order Filing 34 TEXT ORDER The Court has received the parties' letters regarding a pre-motion conference [Dkt. Nos. 9, 14] and finds that such a conference would be helpful in this instance. The Court will therefore hold a Zoom conference on this matter at 11:00 a.m. on Thursday, November 12, 2020. The Zoom invitation will be sent to the email addresses on file with the Clerk's Office. If counsel wish to provide an alternate email address, please promptly contact Arthur Roney at Arthur_Roney@njd.uscourts.gov. So Ordered by Judge Renee Marie Bumb on 11/06/2020. (Costigan, Roberta)
November 2, 2020 Opinion or Order Filing 33 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Motion Hearing held on 11/2/2020. Hearing on #15 MOTION to Stay Class-Related Proceedings held on the record. Court issues Oral Opinion on the record. Ordered Motion DENIED. Order to be entered. (Court Reporter/Recorder Electronic Court Recorder.) (dmr)
November 2, 2020 Opinion or Order Filing 32 ORDER denying #15 Motion to Stay. The Court having held oral argument by phone on November 2, 2020 on defendant`s motion; and this Order intending to confirm the Court`s ruling set forth on the record; and for all the reasons set forth in the Court`s Oral Opinion read into the record after the completion of oral argument, it is hereby ORDERED that defendant`s motion to stay is DENIED. ORDERED by Magistrate Judge Joel Schneider on 11/2/20. (Schneider, Joel)
October 30, 2020 Opinion or Order Filing 31 MOTION for Leave to Appear Pro Hac Vice Zachary A. Madonia (unopposed) by PHH MORTGAGE CORPORATION. (Attachments: #1 Declaration of Christopher A. Reese, #2 Declaration of Zachary A. Madonia, #3 Text of Proposed Order, #4 Statement Local Rule 7.1(d)(4) Statement, #5 Certificate of Service)(REESE, CHRISTOPHER)
October 30, 2020 Opinion or Order Set/Reset Deadlines as to #31 MOTION for Leave to Appear Pro Hac Vice Zachary A. Madonia (unopposed). Motion set for 12/7/2020 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)
October 27, 2020 Opinion or Order Pro Hac Vice fee as to James L. Kauffman: $ 150, receipt number CAM011769 (dmr)
October 26, 2020 Opinion or Order Filing 30 MOTION for Leave to Appear Pro Hac Vice James L. Kauffman (Unopposed) by BARBARA POFF, MELBOURNE POFF, URSULA N. WILLIAMS. (Attachments: #1 Text of Proposed Order, #2 Declaration of Patricia Kipnis, #3 Declaration of James L. Kauffman, #4 Statement Pursuant to Local Civ. R. 7.1(d)(4), #5 Certificate of Service)(KIPNIS, PATRICIA)
October 26, 2020 Opinion or Order Set/Reset Deadlines as to #30 MOTION for Leave to Appear Pro Hac Vice James L. Kauffman (Unopposed). Motion set for 12/7/2020 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)
October 22, 2020 Opinion or Order Filing 29 NOTICE by BARBARA POFF, MELBOURNE POFF, URSULA N. WILLIAMS re #23 Brief in Opposition to Motion of Supplemental Authority (Attachments: #1 Exhibit A - Torliatt v. Ocwen Loan Servicing, LLC, ECF # 93, No. 3:19-cv-04304-WHO (N.D. Cal. Oct. 2, 2020))(KIPNIS, PATRICIA)
October 20, 2020 Opinion or Order Filing 28 TEXT ORDER: Oral argument on defendants motion to stay [Doc. No. 15] will take place by phone on November 2, 2020 at 11:00 a.m. The call in and access numbers are 1-888-684-8852, access code 3436790#. So Ordered by Magistrate Judge Joel Schneider on 10/20/20. (Shaw, A).
October 1, 2020 Opinion or Order Pro Hac Vice counsel, CASSANDRA DECOURSEY, LEE LOWTHER and RANDALL K. PULLIAM, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr)
September 30, 2020 Opinion or Order Filing 27 Notice of Request by Pro Hac Vice Randall K. Pulliam to receive Notices of Electronic Filings. (KIPNIS, PATRICIA)
September 30, 2020 Opinion or Order Filing 26 Notice of Request by Pro Hac Vice Lee Lowther to receive Notices of Electronic Filings. (KIPNIS, PATRICIA)
September 30, 2020 Opinion or Order Filing 25 Notice of Request by Pro Hac Vice Cassandra DeCoursey to receive Notices of Electronic Filings. (KIPNIS, PATRICIA)
September 30, 2020 Opinion or Order Pro Hac Vice fee as to Randall K. Pulliam, Lee Lowther, and Cassandra DeCoursey: $ 450, receipt number TRE114328 (mg)
September 28, 2020 Opinion or Order Filing 24 REPLY BRIEF to Opposition to Motion filed by PHH MORTGAGE CORPORATION re #15 MOTION to Stay Class-Related Proceedings (Attachments: #1 Exhibit A)(REESE, CHRISTOPHER)
September 21, 2020 Opinion or Order Filing 23 BRIEF in Opposition filed by BARBARA POFF, MELBOURNE POFF, URSULA N. WILLIAMS re #15 MOTION to Stay Class-Related Proceedings (KIPNIS, PATRICIA)
September 21, 2020 Opinion or Order Pro Hac Vice counsel, JOE N. NGUYEN and MICHAEL R. PENNINGTON, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr)
September 18, 2020 Opinion or Order Filing 22 Notice of Request by Pro Hac Vice Michael R. Pennington to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11374686.) (REESE, CHRISTOPHER)
September 18, 2020 Opinion or Order Filing 21 Notice of Request by Pro Hac Vice Joe N. Nguyen to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11374636.) (REESE, CHRISTOPHER)
September 14, 2020 Opinion or Order Filing 20 ORDER Granting #12 Motion for Leave to Appear Pro Hac Vice as to Lee Lowther, Esquire, etc. Signed by Magistrate Judge Joel Schneider on 9/14/2020. (dmr)
September 14, 2020 Opinion or Order Filing 19 ORDER Granting #13 Motion for Leave to Appear Pro Hac Vice as to Cassandra DeCoursey, Esquire, etc. Signed by Magistrate Judge Joel Schneider on 9/14/2020. (dmr)
September 14, 2020 Opinion or Order Filing 18 ORDER Granting #5 Motion for Leave to Appear Pro Hac Vice a to Joe N. Nguyen, Esquire, etc. Signed by Magistrate Judge Joel Schneider on 9/14/2020. (dmr)
September 14, 2020 Opinion or Order Filing 17 ORDER Granting #6 Motion for Leave to Appear Pro Hac Vice as to Michael R. Pennington, Esquire, etc. Signed by Magistrate Judge Joel Schneider on 9/14/2020. (dmr)
September 14, 2020 Opinion or Order Filing 16 ORDER Granting #11 Motion for Leave to Appear Pro Hac Vice as to Randall K. Pulliam, Esquire, etc. Signed by Magistrate Judge Joel Schneider on 9/14/2020. (dmr)
September 8, 2020 Opinion or Order Set/Reset Deadlines as to #15 MOTION to Stay Class-Related Proceedings. Motion set for 10/5/2020 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)
September 4, 2020 Opinion or Order Filing 15 MOTION to Stay Class-Related Proceedings by PHH MORTGAGE CORPORATION. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(REESE, CHRISTOPHER)
August 25, 2020 Opinion or Order Filing 14 Letter from Patricia M. Kipnis re #9 Letter. (KIPNIS, PATRICIA)
August 25, 2020 Opinion or Order Set/Reset Deadlines as to #12 MOTION for Leave to Appear Pro Hac Vice Lee Lowther, #11 MOTION for Leave to Appear Pro Hac Vice Randall Pulliam, #13 MOTION for Leave to Appear Pro Hac Vice Cassandra DeCoursey. Motion set for 9/21/2020 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)
August 24, 2020 Opinion or Order Filing 13 MOTION for Leave to Appear Pro Hac Vice Cassandra DeCoursey by BARBARA POFF, MELBOURNE POFF, URSULA N. WILLIAMS. (Attachments: #1 Text of Proposed Order, #2 Declaration of Patricia Kipnis, #3 Declaration of Cassandra DeCoursey, #4 Statement Pursuant to Local Civ. R. 7.1(d)(4), #5 Certificate of Service)(KIPNIS, PATRICIA)
August 24, 2020 Opinion or Order Filing 12 MOTION for Leave to Appear Pro Hac Vice Lee Lowther by BARBARA POFF, MELBOURNE POFF, URSULA N. WILLIAMS. (Attachments: #1 Text of Proposed Order, #2 Declaration of Patricia Kipnis, #3 Declaration of Lee Lowther, #4 Statement Pursuant to Local Civ. R. 7.1(d)(4), #5 Certificate of Service)(KIPNIS, PATRICIA)
August 24, 2020 Opinion or Order Filing 11 MOTION for Leave to Appear Pro Hac Vice Randall Pulliam by BARBARA POFF, MELBOURNE POFF, URSULA N. WILLIAMS. (Attachments: #1 Text of Proposed Order, #2 Declaration of Patricia Kipnis, #3 Declaration of Randall Pulliam, #4 Statement Pursuant to Local Civ. R. 7.1(d)(4), #5 Certificate of Service)(KIPNIS, PATRICIA)
August 19, 2020 Opinion or Order Filing 10 Corporate Disclosure Statement by PHH MORTGAGE CORPORATION identifying Ocwen Financial Corporation as Corporate Parent.. (REESE, CHRISTOPHER)
August 18, 2020 Opinion or Order Filing 9 Letter from Christopher A. Reese Requesting Pre-Motion Conference. (REESE, CHRISTOPHER)
August 18, 2020 Opinion or Order Filing 8 TEXT ORDER This matter comes before the Court upon a Motion to Dismiss filed by Defendant PHH Mortgage Corporation [Dkt. No. 7]. The motion is ADMINISTRATIVELY TERMINATED. Pursuant to the Court's Individual Rules and Procedures I.A, "[i]n an effort to resolve cases expeditiously, before bringing a motion to dismiss, a party must submit a letter" described therein. If Defendant seeks to bring its motion, it should first comply with this Court's Individual Rules. So Ordered by Judge Renee Marie Bumb on 08/18/2020. (Costigan, Roberta)
August 17, 2020 Opinion or Order Filing 7 MOTION to Dismiss by PHH MORTGAGE CORPORATION. Responses due by 9/8/2020 (Attachments: #1 Certificate of Service, #2 Text of Proposed Order, #3 Brief, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit G-1, #12 Exhibit G-2, #13 Exhibit G-3, #14 Exhibit G-4, #15 Exhibit G-5, #16 Exhibit G-6, #17 Exhibit G-7, #18 Exhibit G-8, #19 Exhibit G-9, #20 Exhibit G-10)(REESE, CHRISTOPHER)
August 12, 2020 Opinion or Order Set/Reset Deadlines as to #6 MOTION for Leave to Appear Pro Hac Vice Michael R. Pennington, #5 MOTION for Leave to Appear Pro Hac Vice Joe N. Nguyen. Motion set for 9/8/2020 before Magistrate Judge Joel Schneider. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)
August 11, 2020 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice Michael R. Pennington by PHH MORTGAGE CORPORATION. (Attachments: #1 Text of Proposed Order, #2 Declaration of Christopher A. Reese in Support of Motion, #3 Declaration of Michael R. Pennington in Support of Motion, #4 Local Rule 7.1(d)(4) Statement, #5 Certificate of Service)(REESE, CHRISTOPHER)
August 11, 2020 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice Joe N. Nguyen by PHH MORTGAGE CORPORATION. (Attachments: #1 Text of Proposed Order, #2 Declaration of Christopher A. Reese in Support of Motion, #3 Declaration of Joe N. Nguyen in Support of Motion, #4 Local Rule 7.1(d)(4) Statement, #5 Certificate of Service)(REESE, CHRISTOPHER)
August 7, 2020 Opinion or Order Filing 4 NOTICE of Appearance by CHRISTOPHER ALBERT REESE on behalf of PHH MORTGAGE CORPORATION (REESE, CHRISTOPHER)
August 4, 2020 Opinion or Order Filing 3 SUMMONS Returned Executed by URSULA N. WILLIAMS, BARBARA POFF, MELBOURNE POFF. PHH MORTGAGE CORPORATION served on 7/27/2020, answer due 8/17/2020. (KIPNIS, PATRICIA)
July 20, 2020 Opinion or Order Filing 2 SUMMONS ISSUED as to PHH MORTGAGE CORPORATION. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (pr, )
July 20, 2020 Opinion or Order Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (pr, )
July 20, 2020 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption,Jurisdiction,Nature of Suit,Party Information is to be entered in all capital letters . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (pr, )
July 17, 2020 Opinion or Order Judge Renee Marie Bumb and Magistrate Judge Joel Schneider added. (dd, )
July 17, 2020 Opinion or Order Filing 1 COMPLAINT against PHH MORTGAGE CORPORATION, as successor by merger to OCWEN LOAN SERVICING, LLC. ( Filing and Admin fee $ 400 receipt number ANJDC-11091242) with JURY DEMAND, filed by Ursula N. Williams, Barbara Poff, Melbourne Poff. (Attachments: #1 Civil Cover Sheet)(KIPNIS, PATRICIA)

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Plaintiff: Barbara Poff
Represented By: PATRICIA MULVOY KIPNIS
Represented By: Elizabeth Ann Ryan
Represented By: Edwin Lee Lowther, III
Represented By: Randall Keith Pulliam
Represented By: James Lawrence Kauffman
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Plaintiff: Melbourne Poff
Represented By: PATRICIA MULVOY KIPNIS
Represented By: Elizabeth Ann Ryan
Represented By: Edwin Lee Lowther, III
Represented By: Randall Keith Pulliam
Represented By: James Lawrence Kauffman
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Plaintiff: Ursula N. Williams
Represented By: PATRICIA MULVOY KIPNIS
Represented By: Elizabeth Ann Ryan
Represented By: Edwin Lee Lowther, III
Represented By: Randall Keith Pulliam
Represented By: James Lawrence Kauffman
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Defendant: PHH Mortgage Corporation
Represented By: CHRISTOPHER ALBERT REESE
Represented By: Zachary A. Madonia
Represented By: Scott Burnett Smith
Represented By: Robert Henry Ford
Represented By: Michael R Pennington
Represented By: Lee Lowther
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