Rice et al v. Roundpoint Mortgage Servicing LLC et al
Plaintiff: Melissa Rice and Kurt Rice
Defendant: Roundpoint Mortgage Servicing LLC and Fifth Third Bank
Case Number: 1:2024cv00410
Filed: August 9, 2024
Court: U.S. District Court for the Southern District of West Virginia
Presiding Judge: David A Faber
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 19, 2024 Opinion or Order Filing 16 ORDER cancelling the Scheduling Conference previously set for 10/2/2024. Signed by Senior Judge David A. Faber on 9/19/2024. (cc: counsel of record) (arb)
September 19, 2024 Opinion or Order Filing 15 SCHEDULING ORDER: The amendment of any pleading and the joinder of any party shall be completed no later than 11/1/2024. The parties shall complete all discovery requests by 3/14/2025, and all depositions by 4/28/2025. Expert witnesses: The party bearing the burden of proof shall make the disclosures no later than 2/28/2025. The party not bearing burden of proof shall make disclosures by 3/28/2025. All parties shall provide the disclosures to solely contradict or rebut evidence no later than 4/11/2025. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 5/19/2025, with responses and replies due thereafter in accordance with the Local Rules. Any mediation scheduled by the parties must be concluded by 5/5/2025. No later than 6/10/2025, parties and their counsel shall meet to conduct settlement negotiations. All motions in limine shall be filed and served by 6/23/2025, with responses due by 6/30/2025. Plaintiff's portion of the proposed integrated pretrial order is due to opposing counsel by 6/20/2025, who shall then prepare the opposing portion thereof and submit the proposed integrated pretrial order no later than 6/27/2025. A final pretrial conference shall be held at 2:30 PM, on 7/7/2025, in Bluefield. Proposed charge to the jury submitted by 7/29/2025. A final settlement conference shall be held at 10:30 AM, on 8/4/2025, in Bluefield. Trial of this action shall be held at 9:30 AM, on 8/5/2025, in Bluefield. Signed by Senior Judge David A. Faber on 9/19/2024. (cc: counsel of record; any unrepresented party) (mfo)
September 18, 2024 Filing 14 RULE 26(f) REPORT OF PLANNING MEETING by Roundpoint Mortgage Servicing LLC, Fifth Third Bank, Kurt Rice, Melissa Rice. (Fenwick, Carrie) (Modified on 9/19/2024 to add party filers) (mk).
August 26, 2024 Opinion or Order Filing 13 ORDER AND NOTICE: Last day for Rule 26(f) meeting - 9/25/2024. Last day to file report of Rule 26(f) meeting and Scheduling Order Worksheet - 10/2/2024. Scheduling conference at 10:00 AM on 10/9/2024, in Bluefield, West Virginia, before the undersigned. Entry of Scheduling Order - 10/16/2024. Last day to make Rule 26(a)(1) disclosures - 10/25/2024. Signed by Senior Judge David A. Faber on 8/26/2024. (cc: counsel of record and any unrepresented parties) (arb)
August 23, 2024 Filing 12 ANSWER WITH AFFIRMATIVE DEFENSES TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Roundpoint Mortgage Servicing LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fenwick, Carrie)
August 19, 2024 Opinion or Order Filing 11 ORDER AND NOTICE: Last day for Rule 26(f) meeting - 9/18/2024. Last day to file report of Rule 26(f) meeting and Scheduling Order Worksheet - 9/25/2024. Scheduling conference at 2:00 PM on 10/2/2024, in Bluefield, West Virginia, before the undersigned. Entry of Scheduling Order - 10/9/2024. Last day to make Rule 26(a)(1) disclosures - 10/18/2024. Signed by Senior Judge David A. Faber on 8/19/2024. (cc: counsel of record and any unrepresented parties) (arb)
August 16, 2024 Filing 10 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Fifth Third Bank (Ward, Matthew)
August 16, 2024 Filing 9 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Fifth Third Bank; jury demanded (Ward, Matthew) (Modified on 8/18/2024 to add link to #1 notice of removal and to add jury demand) (ts).
August 14, 2024 Filing 8 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Melissa Rice (Smith, Gary)
August 14, 2024 Filing 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Kurt Rice (Smith, Gary)
August 12, 2024 Filing 6 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Roundpoint Mortgage Servicing LLC (Fenwick, Carrie)
August 12, 2024 Filing 5 NOTICE OF FAILURE TO FILE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to Fifth Third Bank. (arb)
August 12, 2024 Filing 4 NOTICE OF FAILURE TO FILE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to Roundpoint Mortgage Servicing LLC. (arb)
August 12, 2024 Filing 3 NOTICE OF FAILURE TO FILE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to Kurt Rice and Melissa Rice. (arb)
August 12, 2024 Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record and any pro se party) (arb)
August 9, 2024 Filing 1 NOTICE OF REMOVAL by Roundpoint Mortgage Servicing LLC with summons(es), complaint, consent to removal by Defendant Fifth Third Bank, miscellaneous documents and docket sheet from Circuit Court of Mercer County. Filing Fee $405.00. Receipt #AWVSDC-8708794. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (arb)
August 9, 2024 CASE assigned to Senior Judge David A. Faber. (klc)

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Plaintiff: Melissa Rice
Represented By: Gary M. Smith
Represented By: Bren J. Pomponio
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Plaintiff: Kurt Rice
Represented By: Gary M. Smith
Represented By: Bren J. Pomponio
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Defendant: Roundpoint Mortgage Servicing LLC
Represented By: Kevin M. Eddy
Represented By: Carrie Goodwin Fenwick
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Defendant: Fifth Third Bank
Represented By: Matthew L. Ward
Represented By: Joseph Kendall Merical
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