Daniel et al v. Select Portfolio Servicing, Inc. et al
Plaintiff: Terry Daniel and James Daniel
Defendant: Select Portfolio Servicing, Inc. and Bear Stearns Asset Backed Securities Trust 2005-2, Assest-Backed Certificates, Series 2005-2
Case Number: 5:2019cv00665
Filed: September 16, 2019
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Frank W Volk
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2019 Opinion or Order Filing 13 SCHEDULING ORDER: Pursuant to Fed. R. Civ. P. 16(b) and Local Rule of Civil Procedure 16.1(e), it is accordingly ORDERED that this case shall proceed as follows: Amendments and Joinder completed by 12/23/2019. Discovery requests served by 3/17/2020, and all depositions by 5/01/2020. Expert Witnesses: party bearing the burden of proof due no later than 3/02/2020, the party not bearing the burden of proof no later than 4/01/2020, and evidence intended to contradict or rebut no later than 4/17/2020. Summary Judgment and Other Dispositive Motions: dispositive motions shall be filed by 5/21/2020, with responses due by 6/04/2020, and replies due by 6/11/2020. Settlement Meeting no later than 7/22/2020. Motions in Limine shall be filed and served by 7/29/2020, with responses due by 8/05/2020. Proposed Integrated Pretrial Order: Plaintiff's portion shall be submitted to opposing counsel by 7/27/2020, proposed integrated pretrial order submitted to the Court no later than 8/03/2020. Pretrial Conference shall be held on 8/10/2020, at 9:00 a.m. in Beckley. Proposed Charges to the Jury shall be submitted by 8/18/2020. Final Settlement Conference shall be held at 9:00 a.m. on 8/24/2020, in Beckley. Trial shall be held at 9:00 a.m. on 8/25/2020, before the undersigned. Signed by Judge Frank W. Volk on 10/31/2019.(cc: attys; any unrepresented party) (msa)
October 29, 2019 Filing 12 CLERK'S ORDER REASSIGNING CASE. For reasons appearing to the court, this action is reassigned from Judge Irene C. Berger to Judge Frank W. Volk. Signed by Clerk of Court Rory L. Perry II on 10/29/2019. (cc: Judge Berger; Judge Volk; counsel of record; unrepresented parties) (klc)
October 28, 2019 Opinion or Order Filing 11 ORDER directing that the Scheduling Conference previously scheduled for 11/07/2019, is CANCELLED. Signed by Judge Irene C. Berger on 10/28/2019. (cc: attys; any unrepresented party) (msa)
October 24, 2019 Filing 10 RULE 26(f) REPORT OF PLANNING MEETING by Bear Stearns Asset Backed Securities Trust 2005-2, Assest-Backed Certificates, Series 2005-2, Select Portfolio Servicing, Inc., James Daniel, Terry Daniel (Patterson, Matthew) (Modified on 10/24/2019 to add party filers) (ts).
September 26, 2019 Filing 9 ANSWER TO AMENDED COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Bear Stearns Asset Backed Securities Trust 2005-2, Assest-Backed Certificates, Series 2005-2, Select Portfolio Servicing, Inc. (Patterson, Matthew)
September 18, 2019 Filing 8 SUMMONS ISSUED by the Clerk on behalf of James Daniel, Terry Daniel for Bear Stearns Asset Backed Securities Trust 2005-2, Assest-Backed Certificates, Series 2005-2, Select Portfolio Servicing, Inc., re: #7 Amended Complaint, returnable 21 days. Original Summons and 4 copies returned to Counsel for Plaintiff for service. (msa)
September 18, 2019 Filing 7 AMENDED COMPLAINT by James Daniel, Terry Daniel amending the complaint attached to #1 Notice of Removal against Bear Stearns Asset Backed Securities Trust 2005-2, Assest-Backed Certificates, Series 2005-2, Select Portfolio Servicing, Inc. (Attachments: #1 Civil Cover Sheet) (msa)
September 18, 2019 Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Select Portfolio Servicing, Inc. (Patterson, Matthew)
September 18, 2019 Opinion or Order Filing 5 ORDER AND NOTICE: Rule 12(b) Motions 10/7/2019. Rule 26(f) Meeting 10/17/2019. Last day to file report of Rule 26(f) Meeting 10/24/2019. Scheduling Conference at 3:00 PM on 11/7/2019 in Beckley. Entry of Scheduling Order 11/15/2019. Last Day to make Rule 26(a)(1) disclosures 11/21/2019. Signed by Judge Irene C. Berger on 9/18/2019. (cc:attys; any unrepresented party) (btm)
September 16, 2019 CASE assigned to Judge Irene C. Berger. (klc)
September 16, 2019 Filing 4 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: attys; any unrepresented party) (btm)
September 16, 2019 Filing 3 DEFENDANT U.S. BANK NA, AS TRUSTEE'S CORPORATE DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Bear Stearns Asset Backed Securities Trust 2005-2, Assest-Backed Certificates, Series 2005-2. (btm)
September 16, 2019 Filing 2 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Select Portfolio Servicing, Inc. (btm)
September 16, 2019 Filing 1 NOTICE OF REMOVAL by Select Portfolio Servicing, Inc., Bear Stearns Asset Backed Securities Trust 2005-2, Assest-Backed Certificates, Series 2005-2 with summons, complaint, docket sheet and other miscellaneous documents from Circuit Court of Raleigh County. Filing Fee $400.00. Receipt #CWVSDC-7382981. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (btm)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the West Virginia Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Daniel et al v. Select Portfolio Servicing, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Terry Daniel
Represented By: Jed Robert Nolan
Represented By: Daniel F. Hedges 1
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: James Daniel
Represented By: Jed Robert Nolan
Represented By: Daniel F. Hedges 1
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Select Portfolio Servicing, Inc.
Represented By: Matthew D. Patterson
Represented By: James Houston Burns
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Bear Stearns Asset Backed Securities Trust 2005-2, Assest-Backed Certificates, Series 2005-2
Represented By: Matthew D. Patterson
Represented By: James Houston Burns
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?