Federal Home Loan Mortgage Corporation v. Penn Capital, LLC, et al.
Plaintiff: Federal Home Loan Mortgage Corporation
Defendant: Penn Capital, LLC d/b/a Penn Capital Group, Edward Rogan, Percy Nikorawalla, James Weigand and Penn Capital, LLC doing business as Penn Capital Group
Case Number: 1:2023cv01607
Filed: November 27, 2023
Court: US District Court for the Eastern District of Virginia
Presiding Judge: John F Anderson
Referring Judge: Michael S Nachmanoff
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 12 U.S.C. ยง 1452 Federal Home Loan Mortgage Corporation Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2024 Set Deadlines as to #17 MOTION to Dismiss for Failure to State a Claim and #16 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 2/16/2024 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff. (jlan)
January 12, 2024 Filing 20 Notice of Hearing Date for February 16, 2024 re #16 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Failure to State a Claim (Roche, Sean)
January 12, 2024 Filing 19 Memorandum in Support re #17 MOTION to Dismiss for Failure to State a Claim (identical Memorandum and exhibits for both DE 16 and DE 17) filed by Percy Nikorawalla, Penn Capital, LLC, Edward Rogan, James Weigand. (Attachments: #1 Exhibit A, #2 Exhibit B)(Roche, Sean)
January 12, 2024 Filing 18 Memorandum in Support re #16 MOTION to Dismiss for Lack of Jurisdiction filed by Percy Nikorawalla, Penn Capital, LLC, Edward Rogan, James Weigand. (Attachments: #1 Exhibit A, #2 Exhibit B)(Roche, Sean)
January 12, 2024 Filing 17 MOTION to Dismiss for Failure to State a Claim by Percy Nikorawalla, Penn Capital, LLC, Edward Rogan, James Weigand. (Roche, Sean)
January 12, 2024 Filing 16 MOTION to Dismiss for Lack of Jurisdiction by Percy Nikorawalla, Penn Capital, LLC, Edward Rogan, James Weigand. (Roche, Sean)
January 5, 2024 Filing 15 AFFIDAVIT of Service for Summons and Complaint served on Percy Nikorawalla on December 7, 2023, filed by Federal Home Loan Mortgage Corporation. (Szmak, Brian)
January 5, 2024 Filing 14 AFFIDAVIT of Service for Summons and Complaint served on Edward Rogan on December 14, 2023, filed by Federal Home Loan Mortgage Corporation. (Szmak, Brian)
January 5, 2024 Filing 13 AFFIDAVIT of Service for Summons and Complaint served on James Weigand on December 7, 2023, filed by Federal Home Loan Mortgage Corporation. (Szmak, Brian)
January 5, 2024 Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Penn Capital, LLC d/b/a Penn Capital Group on December 8, 2023, filed by Federal Home Loan Mortgage Corporation. (Szmak, Brian)
January 5, 2024 Filing 11 NOTICE of Appearance by Brian Steven Szmak on behalf of Federal Home Loan Mortgage Corporation (Szmak, Brian)
December 27, 2023 Opinion or Order Filing 10 ORDERED that all Defendants shall file their responsive pleadings in this matter on or before January 12, 2024, with any responsive pleading deadline for any Defendant hereby extended to January 12, 2024 to the extent necessary. ORDERED that nothing within this Consent Order or the Consent Motion shall constitute a waiver of any defense (jurisdictional or otherwise) not concerning the sufficiency of service of process that is available to Defendants in this matter and, more specifically, Defendants retain all defenses and objections to: (1) the lawsuit; (2) the Court's jurisdiction; and/or (3) the venue of the action. Signed by Magistrate Judge John F. Anderson on 12/27/2023. (Dcrow, )
December 27, 2023 Filing 9 NOTICE by Percy Nikorawalla, Penn Capital, LLC, Edward Rogan, James Weigand re #8 Consent MOTION for Extension of Time to File Responsive Pleading Waiving Oral Argument (Roche, Sean)
December 27, 2023 Filing 8 Consent MOTION for Extension of Time to File Responsive Pleading by Percy Nikorawalla, Penn Capital, LLC, Edward Rogan, James Weigand. (Attachments: #1 Proposed Order)(Roche, Sean)
November 28, 2023 Filing 7 Summons Issued as to Percy Nikorawalla, Penn Capital, LLC, Edward Rogan, James Weigand, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney) (Dest)
November 28, 2023 Filing 6 Financial Interest Disclosure Statement (Local Rule 7.1) by Federal Home Loan Mortgage Corporation. (Murdock, John)
November 28, 2023 Filing 5 Proposed Summons re #1 Complaint James Weigand by Federal Home Loan Mortgage Corporation. (Murdock, John) (Main Document 5 replaced to correct pdf fillable form on 11/28/2023) (Dest).
November 28, 2023 Filing 4 Proposed Summons re #1 Complaint Percy Nikorawalla by Federal Home Loan Mortgage Corporation. (Murdock, John) (Main Document 4 replaced on 11/28/2023) (Dest, ). (Main Document 4 replaced to correct pdf fillable form on 11/28/2023) (Dest).
November 28, 2023 Filing 3 Proposed Summons re #1 Complaint Edward Rogan by Federal Home Loan Mortgage Corporation. (Murdock, John) (Main Document 3 replaced to correct pdf fillable form on 11/28/2023) (Dest).
November 28, 2023 Filing 2 Proposed Summons re #1 Complaint by Federal Home Loan Mortgage Corporation. (Murdock, John) (Main Document 2 replaced to correct pdf fillable form on 11/28/2023) (Dest).
November 28, 2023 Notice of Correction re #2 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #3 Proposed Summons. Unfortunately, the proposed summons are incorrectly saved PDF fillable form which we have removed. Please refile the document after saving it correctly. For future reference, to correctly save the PDF fillable form, click on the File menu select Print, and then select your PDF writer from the Printer Name List, then click on Print or OK depending on your program. The Clerk's office corrected this error. No further action is required. (Dest, )
November 27, 2023 Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge John F. Anderson. (Dest)
November 27, 2023 Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-9235876.), filed by Federal Home Loan Mortgage Corporation. (Attachments: #1 Civil Cover Sheet)(Murdock, John)

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Plaintiff: Federal Home Loan Mortgage Corporation
Represented By: John Mark Murdock
Represented By: Brian Steven Szmak
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Defendant: Penn Capital, LLC d/b/a Penn Capital Group
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Defendant: Edward Rogan
Represented By: Sean Patrick Roche
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Defendant: Percy Nikorawalla
Represented By: Sean Patrick Roche
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Defendant: James Weigand
Represented By: Sean Patrick Roche
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Defendant: Penn Capital, LLC doing business as Penn Capital Group
Represented By: Sean Patrick Roche
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