Montgomery v. Newrez, LLC
| Cynthia Montgomery |
| NewRez, LLC a Limited Liability Company doing business as Shellpoint Mortgage Servicing |
| 4:2025cv00083 |
| July 15, 2025 |
| U.S. District Court for the Eastern District of Virginia |
| Robert J Krask |
| Rebecca Beach Smith |
| Other Statutory Actions |
| 12 U.S.C. § 2601 Violation of Real Estate Settlement Procedure Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2025. A more recent docket listing may be available from PACER.
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| Motion Hearing as to #17 MOTION to Compel Arbitration and Dismiss Pending Binding Arbitration, is set for 1/21/2026 at 02:00 PM in the US District Court - Norfolk Division, before the Honorable Senior District Judge Rebecca Beach Smith. (Mkar) |
| Filing 28 REPLY in Support re #17 MOTION to Compel Arbitration and Dismiss Pending Binding Arbitration filed by NewRez, LLC. (Long, David) Modified text to match document on 12/2/2025 (mrees). |
| Filing 27 Opposition to #17 MOTION to Compel Arbitration and Dismiss Pending Binding Arbitration filed by Cynthia Montgomery. (Bennett, Leonard) |
Filing 26
ORDER granting #24 Motion for Leave to File. Plaintiff Cynthia Montgomery shall file her Opposition to Defendant's Motion to Compel Arbitration as a standalone document within one business day of entry of this Order. Any reply to Plaintiff's Opposition shall be filed not later than December 1, 2025. Signed by Magistrate Judge Robert J. Krask on 11/20/25. (mrees)
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| MOTIONS REFERRED to Magistrate Judge: Krask. #24 MOTION for Leave to File OPPOSITION TO MOTION TO COMPEL ARBITRATION (mrees) |
| Filing 25 Memorandum in Support re #24 MOTION for Leave to File OPPOSITION TO MOTION TO COMPEL ARBITRATION filed by Cynthia Montgomery. (Bennett, Leonard) |
| Filing 24 MOTION for Leave to File OPPOSITION TO MOTION TO COMPEL ARBITRATION by Cynthia Montgomery. (Attachments: #1 Proposed Order)(Bennett, Leonard) |
| Filing 23 Memorandum in Opposition re #17 MOTION to Compel Arbitration and Dismiss Pending Binding Arbitration filed by Cynthia Montgomery. (Bennett, Leonard) |
| Notice of Correction re #23 Memorandum in Opposition. Unfortunately, when you filed document number 23 leave of court was needed as the document is untimely. The filing user is directed to file a motion for leave with a proposed order as an attachment for consideration. Please file a motion for leave at your earliest convenience. (mrees) |
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Filing 22
ORDER: Plaintiff's #21 Notice, as well as the suggestions therein, is DENIED. However, given the circumstances of the filing, and for good cause shown, plaintiff may file a response to defendant's motion to compel within 14 days of entry of this order. Defendant may then file a reply within 6 days after service of plaintiff's response. Signed by Magistrate Judge Robert J. Krask on 11/4/25. (mrees)
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| Filing 21 NOTICE by Cynthia Montgomery re #17 MOTION to Compel Arbitration and Dismiss Pending Binding Arbitration, #20 Order on Motion for Leave to File (Bennett, Leonard) |
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Filing 20
ORDER granting #19 Motion for Leave to File. Signed by Magistrate Judge Robert J. Krask on 10/20/25. (mrees)
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| MOTIONS REFERRED to Magistrate Judge: Krask. #19 MOTION for Leave to File Motion to Compel (mrees) |
| Filing 19 MOTION for Leave to File Motion to Compel by NewRez, LLC. (Attachments: #1 Proposed Order)(Long, David) |
| Notice of Correction re #17 MOTION to Compel Arbitration and Dismiss Pending Binding Arbitration. Unfortunately, when you filed document number 17, leave of court was needed as the responsive pleading is untimely. Please file a motion for leave with a proposed order on the docket as soon as possible if you wish the court to consider your motion to compel arbitration. (mrees) |
| Filing 18 Memorandum in Support re #17 MOTION to Compel Arbitration and Dismiss Pending Binding Arbitration filed by NewRez, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Long, David) |
| Filing 17 MOTION to Compel Arbitration and Dismiss Pending Binding Arbitration by NewRez, LLC. (Attachments: #1 Proposed Order)(Long, David) |
| Filing 16 AMENDED COMPLAINT against NewRez, LLC, filed by Cynthia Montgomery.(Bennett, Leonard) |
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Filing 15
ORDER granting #14 Second MOTION for Extension of Time to Amend Complaint (by one day, through and including September 26, 2025). Plaintiff shall have up to and including September 26, 2025 to file her amended Complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Signed by District Judge Rebecca Beach Smith on 9/26/2025. (awoo).
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| Filing 14 Second MOTION for Extension of Time to Amend Complaint (by one day, through and including September 26, 2025) by Cynthia Montgomery. (Attachments: #1 Proposed Order)(Bennett, Leonard) |
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Filing 13
ORDER granting #10 Motion for Extension of Time to Amend. It is hereby ORDERED that Plaintiff's Motion is GRANTED. Plaintiff shall have up to and including September 25, 2025 to file her Amended Complaint pursuant to Federal Rule of Civil Procedure. Signed by District Judge Rebecca Beach Smith on 9/8/25. (mrees)
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Filing 12
ORDER granting #8 Motion for Extension of Time to File Response/Reply re #5 MOTION to Dismiss for Failure to State a Claim Responses due by 9/25/2025. Signed by Magistrate Judge Robert J. Krask on 9/8/25. (mrees)
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| MOTIONS REFERRED to Magistrate Judge: Krask. #8 Consent MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss for Failure to State a Claim (mrees) |
| Filing 11 Memorandum in Support re #10 Consent MOTION for Extension of Time to Amend #1 Complaint filed by Cynthia Montgomery. (Bennett, Leonard) |
| Filing 10 Consent MOTION for Extension of Time to Amend #1 Complaint by Cynthia Montgomery. (Attachments: #1 Proposed Order)(Bennett, Leonard) |
| Filing 9 Memorandum in Support re #8 Consent MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss for Failure to State a Claim filed by Cynthia Montgomery. (Bennett, Leonard) |
| Filing 8 Consent MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss for Failure to State a Claim by Cynthia Montgomery. (Attachments: #1 Proposed Order)(Bennett, Leonard) |
| Filing 7 Corporate Disclosure Statement by NewRez, LLC. (Long, David) |
| Filing 6 Memorandum in Support re #5 MOTION to Dismiss for Failure to State a Claim filed by NewRez, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Long, David) |
| Filing 5 MOTION to Dismiss for Failure to State a Claim by NewRez, LLC. (Attachments: #1 Proposed Order)(Long, David) |
| Filing 4 SUMMONS Returned Executed by Cynthia Montgomery NewRez, LLC served on 7/31/2025, answer due 8/21/2025 (Bennett, Leonard) |
| Filing 3 Summons Issued as to NewRez, LLC, 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 Civil Motions Procedures)(epri, ) |
| Initial Case Assignment to District Judge Rebecca Beach Smith and Magistrate Judge Robert J. Krask. (epri, ) |
| Filing 2 Proposed Summons re #1 Complaint by Cynthia Montgomery. (Bennett, Leonard) |
| Filing 1 Complaint ( Filing fee $ 405, receipt number AVAEDC-10289232.), filed by Cynthia Montgomery. (Attachments: #1 Civil Cover Sheet)(Bennett, Leonard) |
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| Plaintiff: Cynthia Montgomery | |
| Represented By: | Leonard Anthony Bennett |
| Represented By: | Craig Carley Marchiando |
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| Defendant: NewRez, LLC a Limited Liability Company doing business as Shellpoint Mortgage Servicing | |
| Represented By: | David Tony Long, Jr. |
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