Lavin v. Freedom Mortgage Corporation et al
Plaintiff: Kelley A. Lavin
Defendant: Commonwealth Asset Services, LLC and Freedom Mortgage Corporation
Case Number: 3:2020cv00114
Filed: February 20, 2020
Court: US District Court for the Eastern District of Virginia
Presiding Judge: M Hannah Lauck
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2020 Filing 19 RESPONSE in Opposition to #13 Memorandum in Support, #12 MOTION to Remand filed by Freedom Mortgage Corporation. (Nader, John) Modified docket text on 4/9/2020 (jsau, ).
April 2, 2020 Filing 18 REPLY to Response to Motion re #12 MOTION to Remand filed by Kelley A. Lavin. (Attachments: #1 Exhibit A, Reply Brief, #2 Exhibit B, Memorandum of Law)(McLaughlin, Henry)
March 30, 2020 Notice of Correction re: Document #13 ; the filing user is further reminded that Document #13 is identical to Document #14 and that the correct document (via pdf) needs to be emailed to Robert L. Walker, Case Manager. Upon receipt, Mr. Walker will promptly upload the correct Document #13 to CM/ECF and regenerate the NEF. The filing user is requested to contact Robert L. Walker at (804) 916-2232 at his earliest convenience. (walk, )
March 29, 2020 Filing 17 REPLY to Response to Motion re #4 MOTION for Judgment on the Pleadings pursuant to Rule 12(c) filed by Freedom Mortgage Corporation. (Nader, John)
March 26, 2020 Filing 16 Memorandum in Opposition re #12 MOTION to Remand filed by Commonwealth Asset Services, LLC. (Zobel, David)
March 18, 2020 Filing 15 Rebuttal Brief re #10 MOTION for Judgment on the Pleadings filed by Commonwealth Asset Services, LLC. (Zobel, David)
March 12, 2020 Filing 14 Memorandum in Opposition re: #4 MOTION for Judgment on the Pleadings Pursuant to Rule 12(c) filed by Kelley A. Lavin. (McLaughlin, Henry)
March 12, 2020 Filing 13 Memorandum in Support re: #12 MOTION to Remand filed by Kelley A. Lavin. (Attachment: #1 Exhibit 1, Memorandum Opinion).(McLaughlin, Henry). PLEASE NOTE: At the request of Counsel for Plaintiff, Document #13 REPLACED on 03/31/2020 and NEF regenerated. (walk, )
March 12, 2020 Filing 12 MOTION to Remand by Kelley A. Lavin. (McLaughlin, Henry)
March 5, 2020 Filing 11 Brief in Support to #10 MOTION for Judgment on the Pleadings filed by Commonwealth Asset Services, LLC. (Attachments: #1 Exhibit Subject Deed of Trust, #2 Exhibit SUBSTITUTION OF TRUSTEES, #3 Exhibit Chapter 13 Bankruptcy Petition, #4 Exhibit U.S. Bankruptcy Court Order dated Nov. 16, 2017, #5 Exhibit Freedom Mortgage's Notice and Motion for Relief, #6 Exhibit U.S. Bankruptcy Court Order Nov. 29, 2018, #7 Exhibit Trustee's Deed of Foreclosure, #8 Exhibit Summons for Unlawful Detainer, #9 Exhibit Notice of Appeal - Civil, #10 Exhibit Circuit Court Dismissal Order dated Sept. 17, 2019)(Zobel, David)
March 5, 2020 Filing 10 MOTION for Judgment on the Pleadings by Commonwealth Asset Services, LLC. (Zobel, David)
March 5, 2020 Filing 9 Financial Interest Disclosure Statement (Local Rule 7.1) by Commonwealth Asset Services, LLC. (Zobel, David)
March 2, 2020 Filing 8 ANSWER to Complaint by Commonwealth Asset Services, LLC. (Attachments: #1 Exhibit Note, #2 Exhibit Deed of Trust, #3 Exhibit Substitution of Trustees, #4 Exhibit Trustee's Deed of Foreclosure, #5 Exhibit Summons for Unlawful Detainer)(Zobel, David)
March 2, 2020 Opinion or Order Filing 7 ORDER that this matter comes before the Court on Defendant Commonwealth Asset Services, LLC's ("Commonwealth") Motion for Extension of Time to File a Pleading in Response to the Plaintiff's Complaint (the "Motion for Extension"). (ECF No. #6 .) Commonwealth seeks an extension of time to file an Answer to Plaintiff Kelley A. Lavin's Complaint, (ECF No. #1 -1). Commonwealth attaches a copy of its proposed Answer to the Motion for Extension. (ECF No. #6 -3.) Commonwealth represents that neither Lavin nor co-Defendant Freedom MortgageCorporation ("Freedom") oppose the Motion for Extension (please see Order for additional information.) Therefore, the Court finds that Commonwealth has demonstrated good cause and excusable neglect for extending the deadline to file its Answer. The Court GRANTS the Motion for Extension. (ECF No. #6 .) Commonwealth SHALL file its Answer, (ECF No. #6 -3), within three (3) days of the entry of this Order. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 03/02/2020. (walk, )
February 28, 2020 Filing 6 MOTION for Extension of Time to File Answer re #1 Notice of Removal,, by Commonwealth Asset Services, LLC. (Attachments: #1 Exhibit Confirming Email to Plaintiff's Counsel, #2 Exhibit Confirming Email to Freedom Mortgage's Counsel, #3 Exhibit Proposed Answer of CAS, #4 Exhibit Proposed Order)(Zobel, David)
February 27, 2020 Filing 5 Memorandum in Support re #4 MOTION for Judgment on the Pleadings pursuant to Rule 12(c) filed by Freedom Mortgage Corporation. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Proposed Order Proposed Order)(Nader, John)
February 27, 2020 Filing 4 MOTION for Judgment on the Pleadings Pursuant to Rule 12(c) by Freedom Mortgage Corporation. (Nader, John)
February 27, 2020 Filing 3 ANSWER to Complaint by Freedom Mortgage Corporation.(Nader, John)
February 20, 2020 Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Freedom Mortgage Corporation. (Nader, John)
February 20, 2020 Filing 1 Notice of Removal filed by Freedom Mortgage Corporation and Commonwealth Asset Services, LLC. Removed from Hanover County Circuit Court, Case No. CL 20000436-00. (Filing Fee Paid: $400.00, Receipt Number: 0422-7083314). (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E., #6 Exhibit Ex. F, #7 Exhibit Ex. G and #8 Civil Cover Sheet Cover Sheet). (Nader, John). Modified docket entry on 02/20/2020 and regenerated NEF. (walk, ).
February 20, 2020 Initial Case Assignment to District Judge M. Hannah Lauck. (walk, )

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Plaintiff: Kelley A. Lavin
Represented By: Henry W. McLaughlin, III
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Defendant: Commonwealth Asset Services, LLC
Represented By: David Marshall Zobel
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Defendant: Freedom Mortgage Corporation
Represented By: John Alexander Nader
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