Golrick et al v. Nationstar Mortgage, LLC
Peter Golrick and Jeanne Golrick |
Nationstar Mortgage, LLC doing business as Mr. Cooper |
2:2023cv00080 |
May 1, 2023 |
US District Court for the District of Vermont |
Christina Reiss |
Real Property: Other |
28 U.S.C. § 1332 Diversity-Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 17 CERTIFICATE OF SERVICE by Nationstar Mortgage, LLC re #16 Notice of Docket Entry Correction (PDF), #15 Response to Motion,.(Staskiewicz, Benjamin) |
Filing 16 NOTICE OF DOCKET ENTRY CORRECTION re: #15 Response to #6 MOTION for Temporary Restraining Order, #2 MOTION for Temporary Restraining Order, #4 MOTION for Temporary Restraining Order filed by Nationstar Mortgage, LLC. The main document was in the form of a letter and has been replaced. The corrected document is now attached to #15 and this entry. (law) |
Filing 15 RESPONSE in Opposition to #6 MOTION for Temporary Restraining Order , #2 MOTION for Temporary Restraining Order, #4 MOTION for Temporary Restraining Order filed by Nationstar Mortgage, LLC. (Attachments: #1 Certificate of Service)(Staskiewicz, Benjamin) (Main Document 15 replaced on 6/29/2023) (law). |
Filing 14 MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim filed by Nationstar Mortgage, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Benjamin T. Staskiewicz, Esq., #3 Exhibit, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Certificate of Service)(Staskiewicz, Benjamin) Text clarified on 6/27/2023 (law). |
Filing 13 NOTICE OF DOCKET ENTRY CORRECTION re: #12 Notice of Hearing on Motion. The document has been replaced to clarify subject of hearing. The corrected document is now attached to #12 and this entry. (law) |
Filing 12 NOTICE of Hearing re: #6 MOTION for Temporary Restraining Order. Motion Hearing set for 7/11/2023 at 11:00 AM, VIA VIDEO CONFERENCE, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Main Document 12 replaced on 6/6/2023) (law). |
Filing 11 REQUEST for Oral Argument/Hearing by Jeanne Golrick, Peter Golrick re: #6 MOTION for Temporary Restraining Order. (Attachments: #1 Certificate of Service, #2 Executed Summons)(Golrick, Jeanne) Text clarified on 6/6/2023 (law). |
Filing 10 WAIVER OF SERVICE Returned Executed: Nationstar Mortgage, LLC waiver sent on 4/28/2023, answer due 6/27/2023.(Staskiewicz, Benjamin) |
Filing 9 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Nationstar Mortgage, LLC (Staskiewicz, Benjamin) |
Filing 8 NOTICE OF APPEARANCE by Benjamin T. Staskiewicz, Esq on behalf of Nationstar Mortgage, LLC.(Staskiewicz, Benjamin) |
Filing 7 NOTICE OF DOCKET ENTRY CORRECTION re: #6 MOTION for Temporary Restraining Order filed by Jeanne Golrick. The documents were uploaded as a singular PDF. They have been broken apart and are now separately attached to Document #6 and this entry. (Attachments: #1 Affidavit of Jeanne Golrick, #2 Certificate of Service) (law) |
Filing 6 MOTION for Temporary Restraining Order filed by Jeanne Golrick.(Golrick, Jeanne) (Main Document 6 replaced and Additional attachment(s) added on 5/12/2023: #1 Affidavit of Jeanne Golrick, #2 Certificate of Service) (law). |
Filing 5 ORDER DENYING WITHOUT PREJUDICE #4 Motion for Immediate Temporary Restraining Order. An affidavit is a statement made under the penalties of perjury. See 28 U.S.C. 1746(2) ("I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)"). Signed by Judge Christina Reiss on 5/12/2023. (This is a text-only Order.) (ejh) |
Filing 4 MOTION for Immediate Temporary Restraining Order filed by Jeanne Golrick, Peter Golrick. (Attachments: #1 Affidavit of Jeanne Golrick, #2 Certificate of Service)(law) |
Filing 3 ORDER DENYING WITHOUT PREJUDICE #2 Motion for Immediate Temporary Restraining Order. Plaintiffs bear the burden of establishing this court has subject matter jurisdiction over a matter that appears to be pending in state court. In addition, the motion for a temporary restraining order must be supported by "specific facts in an affidavit or a verified complaint[.]" Fed. R. Civ. P. 65(b)(1)(A). An unsworn statement is not an "affidavit." Plaintiffs must certify "in writing [of] any efforts made to give notice and the reasons why it should not be required" before a temporary restraining order will issue. Fed. R. Civ. P. 65(b)(1)(B). Plaintiffs' certification states they "served a copy of the foregoing on the opposing side" by mail on May 1, 2023, but does not explain why a hearing should not be held. (Doc. 2-2 at 1.) Finally, Fed. R. Civ. P. 65(c) states that "[t]he court may issue a... temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." Plaintiffs should address the issue of security in any renewed filing. Signed by Judge Christina Reiss on 5/10/2023. (This is a text-only Order.) (ejh) |
Filing 2 MOTION for Immediate Temporary Restraining Order filed by Jeanne Golrick, Peter Golrick. (Attachments: #1 Affidavit of Jeanne Golrick, #2 Certificate of Service)(law) |
Filing 1 COMPLAINT for the Conversion of Property against Nationstar Mortgage, LLC filed by Peter Golrick, Jeanne Golrick. Summons issued. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Civil Cover Sheet)(law) |
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