FRANCESKI v. FREEDOM MORTGAGE CORPORATION et al
| Barbara Franceski |
| NYCB Mortgage Company, LLC and Freedom Mortgage Corporation |
| 1:2021cv00138 |
| February 8, 2021 |
| US District Court for the Eastern District of Virginia |
| Michael S Nachmanoff |
| Anthony J Trenga |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 45
ORDER directing that the above-captioned actions be, and the same hereby are, consolidated for all purposes under the case caption Chittick v. Freedom Mortgage Corporation, et al., No. 1:18-cv-01034 (AJT/MSN);directing that discovery in the above-captioned actions be, and the same hereby are, stayed pending further order of the Court. Signed by District Judge Anthony J Trenga on 2/24/2021. (shea, )
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| Filing 44 Waiver of re #42 MOTION to Dismiss for Failure to State a Claim , #43 Memorandum in Support Hearing by NYCB Mortgage Company, LLC (Marks, Margaret) |
| Filing 43 Memorandum in Support re #42 MOTION to Dismiss for Failure to State a Claim filed by NYCB Mortgage Company, LLC. (Marks, Margaret) |
| Filing 42 MOTION to Dismiss for Failure to State a Claim by NYCB Mortgage Company, LLC. (Marks, Margaret) |
| Filing 41 Defendant NYCB's ANSWER to #1 Complaint by NYCB Mortgage Company, LLC.(Marks, Margaret) |
| Filing 40 NOTICE of Appearance by Justin Michael Sizemore on behalf of Freedom Mortgage Corporation (Sizemore, Justin) |
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Filing 39
ORDER granting #38 Motion for Extension of Time to Answer re #38 Consent MOTION for Extension of Time to File Answer re #1 Complaint Freedom Mortgage Corporation answer due 2/26/2021.. Signed by Magistrate Judge Michael S. Nachmanoff on 2/12/2021. (lcre, )
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| Filing 38 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Freedom Mortgage Corporation. (Attachments: #1 Proposed Order)(Sabalewski, Travis) |
| Filing 37 NOTICE of Appearance by Craig James Franco on behalf of NYCB Mortgage Company, LLC (Franco, Craig) |
| Filing 36 NOTICE of Appearance by Margaret McCallum Marks on behalf of NYCB Mortgage Company, LLC (Marks, Margaret) |
| Filing 35 Case transferred in from District of New Jersey; Case Number 1:18-cv-13945. Original file and docket sheet received. |
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Filing 34
ORDER granting #27 Motion to Transfer Case to Eastern District of Virginia ***CIVIL CASE TERMINATED. Signed by Judge Noel L. Hillman on 2/5/21. (dd, ) [Transferred from New Jersey on 2/8/2021.]
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| Filing 33 OPINION. Signed by Judge Noel L. Hillman on 2/5/21. (dd, ) [Transferred from New Jersey on 2/8/2021.] |
| Filing 32 RESPONSE in Support filed by FREEDOM MORTGAGE CORPORATION re #27 MOTION to Transfer Case to United States District Court for the Eastern District of Virginia (Attachments: #1 Exhibit A, #2 Exhibit B)(LAMBA, ADRIA) [Transferred from New Jersey on 2/8/2021.] |
| Filing 31 MEMORANDUM in Opposition filed by BARBARA FRANCESKI re #27 MOTION to Transfer Case to United States District Court for the Eastern District of Virginia Memorandum in Opposition to Defendant's Motion (Attachments: #1 Certificate of Service Robert A. Fagella, #2 Text of Proposed Order)(FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
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Filing 30
TEXT ORDER This Court is in receipt of a letter dated November 25, 2020 from Raymond M. Baldino, counsel for Plaintiff (ECF No. #28 ). In this letter, Mr. Baldino requested an automatic extension of the motion return date for Defendant Freedom Mortgage Corporations Motion to Transfer from December 7, 2020 to the next return date, December 21, 2020. This Court is in receipt of Defendant Freedom Mortgage Corporations recently filed Reply Brief in Support of its Motion to Transfer Action (ECF No. #29 ). This Court acknowledges Plaintiffs request of the clerk was untimely as the letter was sent two days after the date the Plaintiffs Opposition Papers were due. Nevertheless, this decision should be made on the merits. Accordingly, this Court grants Plaintiffs request for an extension of the motion date from December 7, 2020 to December 21, 2020 nunc pro tunc. Moving forward, this Court urges that requests for an extension should be timely made. Plaintiffs Opposition Papers are now due December 7, 2020 and Defendant Freedom Mortgage Corporation shall file its Amended Reply Papers by December 14, 2020. So Ordered by Judge Noel L. Hillman on 12/1/2020. (gn ) [Transferred from New Jersey on 2/8/2021.]
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| Filing 29 RESPONSE in Support filed by FREEDOM MORTGAGE CORPORATION re #27 MOTION to Transfer Case to United States District Court for the Eastern District of Virginia (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(LAMBA, ADRIA) [Transferred from New Jersey on 2/8/2021.] |
| Filing 28 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #27 MOTION to Transfer Case to United States District Court for the Eastern District of Virginia . (BALDINO, RAYMOND) [Transferred from New Jersey on 2/8/2021.] |
| Filing 27 MOTION to Transfer Case to United States District Court for the Eastern District of Virginia by FREEDOM MORTGAGE CORPORATION. (Attachments: #1 Certification, #2 Brief, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service, #6 Text of Proposed Order)(LAMBA, ADRIA) [Transferred from New Jersey on 2/8/2021.] |
| Set/Reset Deadlines as to #27 MOTION to Transfer Case to United States District Court for the Eastern District of Virginia . Motion set for 12/7/2020 before Judge Noel L. Hillman. 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) [Transferred from New Jersey on 2/8/2021.] |
| Filing 26 Substitution of Attorney - Attorney DAVID G. MURPHY terminated. Attorney ADRIA MARIE LAMBA for FREEDOM MORTGAGE CORPORATION added.. (LAMBA, ADRIA) [Transferred from New Jersey on 2/8/2021.] |
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Filing 25
ORDER Granting in part #5 Motion to Transfer Case; Staying this matter; Directing Clerk to Administratively Terminate this case. Signed by Judge Noel L. Hillman on 6/27/2019. (rss, ) [Transferred from New Jersey on 2/8/2021.]
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| Filing 24 OPINION. Signed by Judge Noel L. Hillman on 6/27/2019. (rss, ) [Transferred from New Jersey on 2/8/2021.] |
| ***Civil Case Terminated. (rss, ) [Transferred from New Jersey on 2/8/2021.] |
| Filing 23 NOTICE by FREEDOM MORTGAGE CORPORATION OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit 1)(MURPHY, DAVID) [Transferred from New Jersey on 2/8/2021.] |
| Filing 22 Letter from David G. Murphy, Esq.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(MURPHY, DAVID) [Transferred from New Jersey on 2/8/2021.] |
| Pro Hac Vice counsel, JUSTIN P. KEATING, has 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) [Transferred from New Jersey on 2/8/2021.] |
| Filing 21 Notice of Request by Pro Hac Vice Justin P. Keating, Esq. to receive Notices of Electronic Filings. (FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Pro Hac Vice fee as to Justin P. Keating, Esq. : $ 150, receipt number CAM01010228 (dmr) [Transferred from New Jersey on 2/8/2021.] |
| Filing 20 Notice of Request by Pro Hac Vice John Beins, Esq. to receive Notices of Electronic Filings. (FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Pro Hac Vice fee of $150 received as to John J. Beins, Esquire. Receipt Number TRE097695 (in-jdb, ) [Transferred from New Jersey on 2/8/2021.] |
| Pro Hac Vice counsel, JOHN BEINS, has 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) [Transferred from New Jersey on 2/8/2021.] |
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Filing 19
ORDER Granting #12 Motion for Leave to Appear Pro Hac Vice as to John J. Beins, Esquire, and Justin Keating, Esquire. Signed by Magistrate Judge Joel Schneider on 12/3/2018. (dmr) [Transferred from New Jersey on 2/8/2021.]
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| Pro Hac Vice counsel, TRAVIS A. SABALEWSKI, has 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) [Transferred from New Jersey on 2/8/2021.] |
| Filing 18 Notice of Request by Pro Hac Vice Travis A. Sabalewski, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9204496.) (MURPHY, DAVID) [Transferred from New Jersey on 2/8/2021.] |
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Filing 17
ORDER Granting #15 Motion for Leave to Appear Pro Hac Vice as to Travis A. Sabalewski, Esq, etc. Signed by Magistrate Judge Joel Schneider on 11/29/2018. (dmr) [Transferred from New Jersey on 2/8/2021.]
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| Filing 16 Exhibit to #12 Motion for Leave to Appear Pro Hac Vice, QC - Document contains an Electronic Signature of a Non-Attorney,, Corrected Certification of Justin P. Keating, Esq. by BARBARA FRANCESKI. (FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Set/Reset Deadlines as to #15 MOTION for Leave to Appear Pro Hac Vice of Travis A. Sabalewski, Esq.. Motion set for 1/7/2019 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) [Transferred from New Jersey on 2/8/2021.] |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice of Travis A. Sabalewski, Esq. by FREEDOM MORTGAGE CORPORATION. (Attachments: #1 Brief, #2 Certification of David G. Murphy, Esq., #3 Certification of Travis A. Sabalewski, Esq., #4 Exhibit 1, #5 Text of Proposed Order, #6 Certificate of Service)(MURPHY, DAVID) [Transferred from New Jersey on 2/8/2021.] |
| Filing 14 RESPONSE in Support filed by FREEDOM MORTGAGE CORPORATION re #5 MOTION to Transfer Case to Eastern District of Virginia (Attachments: #1 Certificate of Service)(MURPHY, DAVID) [Transferred from New Jersey on 2/8/2021.] |
| Filing 13 Exhibit to #12 Motion for Leave to Appear Pro Hac Vice, QC - Document contains an Electronic Signature of a Non-Attorney,, Corrected Certification of John J. Beins, Esq. by BARBARA FRANCESKI. (FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice by BARBARA FRANCESKI. (Attachments: #1 Statement Pursuant to Local Civ. R. 7.1(d)(4), #2 Certification of John J. Beins, Esq., #3 Certification Justin P. Keating, Esq., #4 Certification Robert A. Fagella, Esq., #5 Text of Proposed Order, #6 Certificate of Service)(FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
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Filing 11
CONSENT ORDER Extending Defendants' Time to Respond to Plaintiff's Complaint until 21 days after the Court issues a decision on Freedom Mortgage's pending Motion to Transfer Venue #5 . Signed by Judge Noel L. Hillman on 11/20/2018. (dmr) [Transferred from New Jersey on 2/8/2021.]
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| Set/Reset Deadlines as to #12 MOTION for Leave to Appear Pro Hac Vice . Motion set for 12/17/2018 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) [Transferred from New Jersey on 2/8/2021.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Certifications of John J. Beins, Esq. and Justin P. Keating, Esq. attached to the Motion for Pro Hac Vice #12 submitted by Robert Fagella on 11/20/2018 contains improper signatures. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT the documents with a proper scanned signature using the Certification event found under Responses and Replies. This submission will remain on the docket unless otherwise ordered by the court. (dmr) [Transferred from New Jersey on 2/8/2021.] |
| Filing 10 BRIEF in Opposition filed by BARBARA FRANCESKI re #5 MOTION to Transfer Case to Eastern District of Virginia (Attachments: #1 Declaration, #2 Certificate of Service, #3 Text of Proposed Order)(FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Filing 9 Letter from Anthony C. Valenziano. (Attachments: #1 Stipulation and Proposed Consent Order)(VALENZIANO, ANTHONY) [Transferred from New Jersey on 2/8/2021.] |
| Clerk`s Text Order - The document #8 Application for Clerk's Order to Ext Answer/Proposed Order submitted by NYCB MORTGAGE COMPANY, LLC has been GRANTED. The answer due date has been set for 11/27/2018. (rtm, ) [Transferred from New Jersey on 2/8/2021.] |
| Filing 8 Application and Proposed Order for Clerk's Order to extend time to answer as to NYCB Mortgage Company, LLC. Attorney ANTHONY C. VALENZIANO,CRAIG L. STEINFELD for NYCB MORTGAGE COMPANY, LLC added. (VALENZIANO, ANTHONY) [Transferred from New Jersey on 2/8/2021.] |
| Filing 7 SUMMONS Returned Executed by BARBARA FRANCESKI. NYCB MORTGAGE COMPANY, LLC served on 10/23/2018, answer due 11/13/2018. (FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Filing 6 SUMMONS Returned Executed by BARBARA FRANCESKI. FREEDOM MORTGAGE CORPORATION served on 10/16/2018, answer due 11/13/2018. (FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Summonses Returned Executed #3 and #4 filed by Robert Fagella on 10/24/2018 display incorrect dates of service in the entries. Please resubmit entering the correct date of service for the correct party. (dmr) [Transferred from New Jersey on 2/8/2021.] |
| Set/Reset Deadlines as to #5 MOTION to Transfer Case to Eastern District of Virginia . Motion set for 12/3/2018 before Judge Noel L. Hillman. 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) [Transferred from New Jersey on 2/8/2021.] |
| Filing 5 MOTION to Transfer Case to Eastern District of Virginia by FREEDOM MORTGAGE CORPORATION. (Attachments: #1 Brief, #2 Certification of David G. Murphy, Esq., #3 Exhibit A, #4 Exhibit B, #5 Text of Proposed Order, #6 Certificate of Service)(MURPHY, DAVID) [Transferred from New Jersey on 2/8/2021.] |
| Filing 4 SUMMONS Returned Executed by BARBARA FRANCESKI. NYCB MORTGAGE COMPANY, LLC served on 10/16/2018, answer due 11/6/2018. (FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Filing 3 SUMMONS Returned Executed by BARBARA FRANCESKI. FREEDOM MORTGAGE CORPORATION served on 10/23/2018, answer due 11/13/2018. (FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Filing 2 SUMMONS ISSUED as to FREEDOM MORTGAGE CORPORATION, NYCB MORTGAGE COMPANY, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (cry, ) [Transferred from New Jersey on 2/8/2021.] |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-9027865) with JURY DEMAND, filed by BARBARA FRANCESKI. (Attachments: #1 Civil Cover Sheet)(FAGELLA, ROBERT) [Transferred from New Jersey on 2/8/2021.] |
| Judge Noel L. Hillman and Magistrate Judge Joel Schneider added. (dd, ) [Transferred from New Jersey on 2/8/2021.] |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (cry, ) [Transferred from New Jersey on 2/8/2021.] |
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