MRS V J.P. Morgan Chase U.S. District Court S.D.N.Y. 15-00293 Docket

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CLOSED,APPEAL,CASREF,ECF
U.S. District Court

Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:15-cv-00293-LTS-RWL
Mortgage Resolution Servicing, LLC et al v. Date Filed: 01/15/2015

JPMorgan Chase Bank, N.A. et al Date Terminated: 09/30/2019
Assigned to: Judge Laura Taylor Swain Jury Demand: Plaintiff
Referred to: Magistrate Judge Robert W. Lehrburger Nature of Suit: 470
Case in other court: U.S. Court of Appeals, 2nd Racketeer/Corrupt Organization
Circ., 19-03598 Jurisdiction: Federal Question
State Court Supreme,
653955/2014
Cause: 28:1331 Fed. Question
Plaintiff
Mortgage Resolution Servicing, represented by Brent Steven Tantillo
LLC Tantillo Law PLLC
1629 K Street, Nw, Suite 300
Washington, DC 20006
(202)-403-2291
Fax: (202)-403-2299
Email: btantillo@tantillolaw.com
TERMINATED: 12/21/2018
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gary Frederick Eisenberg

Perkins Coie LLP
1155 Avenue of the Americas
22nd Floor
New York, NY 10036
212-262-6902
Email:
geisenberg@perkinscoie.com
LEAD ATTORNEY
Lance Gotthoffer
Chaitman LLP
465 Park Ave
New York, NY 10022
888-759-1114
Fax: 888-759-1114
Email:
lgotthoffer@chaitmanllp.com
LEAD ATTORNEY
Helen Davis Chaitman

Chaitman LLP
465 Park Ave
New York, NY 10022
888-759-1114
Fax: 888-759-1114
Email:
hchaitman@chaitmanllp.com
Jennifer Martin Foster

Walker & Di Marco, P.C.
350 Main Street, First Floor
Malden, MA 02148
(781)-322-3700
Fax: (781)-322-3757
Email:
jfoster@walkerdimarcopc.com
Mary Jane Fait

Tantillo Law PLLC
1629 K Street Suite 300
(847) 922-6729
Fax: (312) 676-2676
Email: mjfait@tantillolaw.com
Michael Vito Longo

Miranda Sokoloff Sambursky
Slone Verveniotis( Elmsford)
570 Taxter Road
Suite 561
Elmsford, NY 10523
(914)-345-6510
Fax: (914)-345-6514
Email:
mlongo@walkerdimarcopc.com
Roberto Luigi Di Marco

Walker & Di Marco, P.C.
350 Main Street, First Floor
Malden, MA 02148
(781)-322-3700
Fax: (781)-322-3757
Email:
rdimarco@walkerdimarcopc.com
Plaintiff
1st Fidelity Loan Servicing, LLC represented by Brent Steven Tantillo
(See above for address)
LEAD ATTORNEY

LEAD ATTORNEY
Lance Gotthoffer
LEAD ATTORNEY

Mary Jane Fait

Michael Vito Longo


Plaintiff
S & A Capital Partners, Inc. represented by Brent Steven Tantillo
LEAD ATTORNEY

LEAD ATTORNEY
Lance Gotthoffer
LEAD ATTORNEY


Mary Jane Fait

Michael Vito Longo


V.
Defendant
JPMorgan Chase Bank, N.A. represented by Robert D. Wick
Covington & Burling, L.L.P. (DC)
One City Center, 850 10th Street
NW
(202) 662-5487
Fax: (202)-778-5487
Email: rwick@cov.com
LEAD ATTORNEY
PRO HAC VICE
Andrew Soukup
Covington & Burling, LLP (DC)
850 10th Street NW
(202)-662-5066
Fax: (202)-778-5066
Email: asoukup@cov.com
Christian J. Pistilli
NW
(212) 662-6000
Fax: (212) 662-6091
Email: cpistilli@cov.com
Kristin Elizabeth Hucek

NW
(202)-662-5199
Email: khucek@cov.com
Michael M. Maya
NW
(202)-662-5547
Fax: (202)-778-5547
Email: mmaya@cov.com
Michael C. Nicholson
Covington & Burling LLP(NYC)
620 Eighth Avenue
New York, NY 10018-1405
212-841-1000
Fax: 212-841-1010
Email: mcnicholson@cov.com
Philip J. Levitz
New York State Office of The
Attorney General
28 Liberty Street
New York, NY 10005
212-416-6325
Email: plevitz@cov.com
Defendant
Chase Home Finance, LLC. represented by Robert D. Wick
LEAD ATTORNEY
PRO HAC VICE
Andrew Soukup

Michael M. Maya
Philip J. Levitz
Defendant
JPMorgan Chase & Co. represented by Robert D. Wick
LEAD ATTORNEY
PRO HAC VICE
Andrew Soukup

Michael M. Maya
Philip J. Levitz
Miscellaneous
Nationwide Title Clearing, Inc. represented by Anant Kumar
Zuckerman Spaeder LLP
399 Park Avenue
New York, NY 10022
(646)-746-8841
Fax: (212)-704-4256
Email: akumar@zuckerman.com
LEAD ATTORNEY
Daniel Anthony Johnson

Leader & Berkon LLP [ (212)-486-
2400 ]
630 Third Avenue
New York, NY 10017
(646)-810-0318
Fax: (212)-486-3099
Email:
djohnson@leaderberkon.com
Glen Arthur Silverstein

Leader & Berkon LLP
630 Third Avenue, 17th Floor
New York, NY 10017
(212) 486-2400
Fax: (212) 486-3099
Email:
gsilverstein@leaderberkon.com
Miscellaneous
Bryan Bly represented by Anant Kumar
LEAD ATTORNEY


Miscellaneous
Erika Lance represented by Anant Kumar
LEAD ATTORNEY


Date Filed # Docket Text

01/15/2015 1 NOTICE OF REMOVAL from Supreme Court, Case Number:
653955-14. (Filing Fee $ 350.00, Receipt Number
465401114691).Document filed by Chase Home Finance, LLC.,
JPMorgan Chase Bank, N.A., JPMorgan Chase & Co..(moh) (Entered:
01/16/2015)
01/15/2015 Magistrate Judge James C. Francis IV is so designated. (moh)
(Entered: 01/16/2015)
01/15/2015 Case Designated ECF. (moh) (Entered: 01/16/2015)
01/15/2015 2 CIVIL COVER SHEET filed. (moh) (Entered: 01/16/2015)
01/16/2015 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying
Other Affiliate JPMorgan Chase & Co., Other Affiliate Chase Home
Finance LLC for JPMorgan Chase Bank, N.A.. Document filed by
JPMorgan Chase Bank, N.A..(Nicholson, Michael) (Entered:
01/16/2015)
01/16/2015 4 CERTIFICATE OF SERVICE of Notice of Removal served on Gary F.
Eisenberg, Esq. on January 15, 2015. Service was made by Mail.
Document filed by Chase Home Finance, LLC., JPMorgan Chase &
Co., JPMorgan Chase Bank, N.A.. (Nicholson, Michael) (Entered:
01/16/2015)
01/20/2015 5 LETTER MOTION for Extension of Time to Respond to the
Complaint addressed to Judge Laura Taylor Swain from Michael C.
Nicholson dated January 20, 2015. Document filed by Chase Home
Finance, LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..
(Nicholson, Michael) (Entered: 01/20/2015)
01/22/2015 6 INITIAL CONFERENCE ORDER: Initial Conference set for
4/24/2015 at 10:15 AM in Courtroom 12D, 500 Pearl Street, New
York, NY 10007 before Judge Laura Taylor Swain. (See Order.)
(Signed by Judge Laura Taylor Swain on 1/21/2015) (ajs) (Entered:
01/22/2015)
01/22/2015 7 ORDER granting 5 Letter Motion for Extension of Time to Respond to
the Complaint. The requests are granted. (Signed by Judge Laura
Taylor Swain on 1/22/2015) (kko) (Entered: 01/22/2015)
01/22/2015 Set/Reset Deadlines: Chase Home Finance, LLC. answer due
2/24/2015; JPMorgan Chase & Co. answer due 2/24/2015; JPMorgan
Chase Bank, N.A. answer due 2/24/2015. (kko) (Entered: 01/22/2015)
01/29/2015 8 PRE-CONFERENCE STATEMENT of Removing Defendants
Pursuant to Initial Conference Order. Document filed by Chase Home
(Nicholson, Michael) (Entered: 01/29/2015)
01/30/2015 9 CERTIFICATE OF SERVICE of Removing Defendants' Submission
Pursuant to Initial Conference Order and Initial Conference Order on
1/30/2015. Service was made by Mail. Document filed by Chase
Home Finance, LLC., JPMorgan Chase & Co., JPMorgan Chase Bank,
N.A.. (Nicholson, Michael) (Entered: 01/30/2015)
02/09/2015 10 NOTICE OF APPEARANCE by Gary Frederick Eisenberg on behalf
of 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing,
LLC, S & A Capital Partners, Inc.. (Eisenberg, Gary) (Entered:
02/09/2015)
02/09/2015 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No
Corporate Parent. Document filed by Mortgage Resolution Servicing,
LLC.(Eisenberg, Gary) (Entered: 02/09/2015)
Corporate Parent. Document filed by 1st Fidelity Loan Servicing,
LLC.(Eisenberg, Gary) (Entered: 02/09/2015)
Corporate Parent. Document filed by S & A Capital Partners, Inc..
(Eisenberg, Gary) (Entered: 02/09/2015)
02/11/2015 14 MOTION for Robert D. Wick to Appear Pro Hac Vice . Filing fee $
200.00, receipt number 0208-10589033. Motion and supporting
papers to be reviewed by Clerk's Office staff. Document filed by
Chase Home Finance, LLC., JPMorgan Chase & Co., JPMorgan
Chase Bank, N.A.. (Attachments: # 1 Certificate of Good Standing, #
2 Text of Proposed Order)(Wick, Robert) (Entered: 02/11/2015)
02/11/2015 15 MOTION for Michael M. Maya to Appear Pro Hac Vice . Filing fee $
Chase Bank, N.A.. (Attachments: # 1 Certificate of Good Standing
from District of Columbia Court of Appeals, # 2 Certificate of Good
Standing from Commonwealth of Massachusetts, # 3 Text of Proposed
Order)(Maya, Michael) (Entered: 02/11/2015)
02/11/2015 >>>NOTICE REGARDING PRO HAC VICE MOTION.
Regarding Document No. 15 MOTION for Michael M. Maya to
Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-
10589066. Motion and supporting papers to be reviewed by
Clerk's Office staff., 14 MOTION for Robert D. Wick to Appear
Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10589033.
Motion and supporting papers to be reviewed by Clerk's Office
staff.. The document has been reviewed and there are no
deficiencies. (sdi) (Entered: 02/11/2015)
02/13/2015 16 LETTER MOTION for Extension of Time with regards to Submission
of Plaintiffs' RICO Statement Pursuant to Paragraph 3 of the Court's
Initial Scheduling Order Dated January 22, 2015 addressed to Judge
Laura Taylor Swain from Gary F. Eisenberg dated February 13, 2015.
Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc..(Eisenberg,
Gary) (Entered: 02/13/2015)
02/13/2015 17 AMENDED LETTER MOTION for Extension of Time with regards
to Submission of Plaintiffs' RICO Statement Pursuant to Paragraph 3
of the Court's Initial Scheduling Order Dated January 22, 2015
addressed to Judge Laura Taylor Swain from Gary F. Eisenberg dated
February 13, 2015. Document filed by 1st Fidelity Loan Servicing,
LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners,
Inc..(Eisenberg, Gary) (Entered: 02/13/2015)
02/17/2015 18 MEMO ENDORSED ORDER on 16 granting 16 Letter Motion for
Extension of Time; granting 17 Letter Motion for Extension of Time.
ENDORSEMENT: The requested extension is granted. The time to
respond is extended to February 25, 2015. Docket Entries 16 & 17
resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on
2/13/2015) (ajs) (Entered: 02/17/2015)
02/17/2015 19 ORDER FOR ADMISSION PRO HAC VICE OF ROBERT D. WICK
granting 14 Motion for Robert D. Wick to Appear Pro Hac Vice. DE #
14 resolved. (Signed by Judge Laura Taylor Swain on 2/13/2015) (ajs)
Modified on 2/17/2015 (ajs). (Entered: 02/17/2015)
02/17/2015 20 ORDER FOR ADMISSION PRO HAC VICE OF MICHAEL M.
MAYA granting 15 Motion for Michael M. Maya to Appear Pro Hac
Vice. DE # 15 resolved. (Signed by Judge Laura Taylor Swain on
2/13/2015) (ajs) (Entered: 02/17/2015)
02/23/2015 21 MOTION for Kristen E. Hucek to Appear Pro Hac Vice . Filing fee $
Chase Bank, N.A.. (Attachments: # 1 Certificate of Good Standing
from District of Columbia Court of Appeals, # 2 Certificate of Good
Standing from Supreme Court of Virginia, # 3 Text of Proposed Order)
(Hucek, Kristin) (Entered: 02/23/2015)
Regarding Document No. 21 MOTION for Kristen E. Hucek to
Clerk's Office staff.. The document has been reviewed and there
are no deficiencies. (wb) (Entered: 02/23/2015)
02/25/2015 22 ORDER FOR ADMISSION PRO HAC VICE OF KRISTIN E.
HUCEK granting 21 Motion for Kristin E. Hucek to Appear Pro Hac
Vice. (Signed by Judge Laura Taylor Swain on 2/25/2015) (kl)
(Entered: 02/25/2015)
02/25/2015 23 RICO STATEMENT . Document filed by 1st Fidelity Loan Servicing,
Inc..(Eisenberg, Gary) (Entered: 02/25/2015)
03/06/2015 24 CERTIFICATE OF SERVICE of Plaintiff's RICO Case Statement
served on JP Morgan Chase Bank, N.A., Chase Home Finance LLC,
and JP Morgan Chase & Co. on 02/25/2015. Document filed by 1st
Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S
& A Capital Partners, Inc.. (Eisenberg, Gary) (Entered: 03/06/2015)
03/11/2015 25 LETTER addressed to Judge Laura Taylor Swain from Gary F.
Eisenberg dated March 11, 2015 re: Filing an Amended Complaint and
extending the deadline for the parties to meet and confer with respect
to disclosures required by Rule 26(a)(1) and related matters.
03/12/2015 26 MEMO ENDORSEMENT on re: 25 Letter, filed by 1st Fidelity Loan
Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital
Partners, Inc., re: Filing an Amended Complaint and extending the
deadline for the parties to meet and confer with respect to disclosures
required by Rule 26(a)(1) and related matters. ENDORSEMENT: The
foregoing requests are granted. SO ORDERED. (Amended Pleadings
due by 3/31/2015.) (Signed by Judge Laura Taylor Swain on
3/11/2015) (ajs) (Entered: 03/12/2015)
03/31/2015 27 SECOND AMENDED COMPLAINT against Chase Home Finance,
LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. with
JURY DEMAND.Document filed by Mortgage Resolution Servicing,
LLC, S & A Capital Partners, Inc., 1st Fidelity Loan Servicing, LLC.
03/31/2015 28 CERTIFICATE of Counsel by Gary Frederick Eisenberg on behalf of
1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing,
LLC, S & A Capital Partners, Inc.. Re: 27 Amended Complaint,.
Certificate of Service (Eisenberg, Gary) (Entered: 03/31/2015)
Eisenberg dated 04/17/2015 re: Preliminary Pre-Trial Statement.
Resolution Servicing, LLC, S & A Capital Partners, Inc..
(Attachments: # 1 Exhibit Preliminary Pre-Trial Statement)(Eisenberg,
Eisenberg dated April 23, 2015 re: Conference scheduled for April 24,
2015. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
04/24/2015 Minute Entry for proceedings held before Judge Laura Taylor Swain:
Initial Pretrial Conference held on 4/24/2015. IPTC held. PTC
Scheduling Order to follow. Case is referred to MJ Francis for GPT.
(Order to follow.) FPTC is scheduled for 9/9/2016 at 11:00am. ( Final
Pretrial Conference set for 9/9/2016 at 11:00 AM in Courtroom 12D,
500 Pearl Street, New York, NY 10007 before Judge Laura Taylor
Swain.) (lan) (Entered: 04/24/2015)
04/24/2015 31 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that
case be referred to the Clerk of Court for assignment to a Magistrate
Judge for General Pretrial (includes scheduling, discovery, non-
dispositive pretrial motions, and settlement). Referred to Magistrate
Judge James C. Francis. (Signed by Judge Laura Taylor Swain on
4/24/2015) (ajs) (Entered: 04/24/2015)
04/24/2015 32 PRE-TRIAL SCHEDULING ORDER: Amended Pleadings due by
5/21/2015. Joinder of Parties due by 5/21/2015. Motions due by
5/31/2016. Expert Discovery due by 4/29/2016. Discovery due by
2/29/2016. Final Pretrial Conference set for 9/9/2016 at 11:00 AM in
Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge
Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on
4/24/2015) (ajs) (Entered: 04/24/2015)
04/24/2015 Set/Reset Deadlines: Chase Home Finance, LLC. answer due
5/14/2015; JPMorgan Chase & Co. answer due 5/14/2015; JPMorgan
Chase Bank, N.A. answer due 5/14/2015. (ajs) (Entered: 04/24/2015)
04/30/2015 33 LETTER addressed to Judge Laura Taylor Swain from Kristin E.
Hucek dated April 30, 2015 re: Request for Withdrawal of
Appearance. Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Hucek, Kristin)
(Entered: 04/30/2015)
05/01/2015 34 MEMO ENDORSEMENT on re: 33 Letter filed by JPMorgan Chase
& Co., JPMorgan Chase Bank, N.A., Chase Home Finance, LLC., re:
Request for Withdrawal of Appearance. ENDORSEMENT: The
foregoing request is granted. The Clerk of Court is requested to update
the docket accordingly. SO ORDERED. (Signed by Judge Laura
Taylor Swain on 5/1/2015) (ajs) (Entered: 05/01/2015)
05/14/2015 35 MOTION to Dismiss Plaintiffs' Second Amended Complaint.
Co., JPMorgan Chase Bank, N.A..(Wick, Robert) (Entered:
05/14/2015)
05/14/2015 36 MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss
Plaintiffs' Second Amended Complaint. . Document filed by Chase
N.A.. (Wick, Robert) (Entered: 05/14/2015)
05/14/2015 37 DECLARATION of Michael M. Maya in Support re: 35 MOTION to
Dismiss Plaintiffs' Second Amended Complaint.. Document filed by
Chase Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D)(Wick, Robert) (Entered: 05/14/2015)
05/19/2015 Minute Entry for proceedings held before Magistrate Judge James C.
Francis: Telephone Conference held on 5/19/2015. (Bacchus, Michael)
(Entered: 05/19/2015)
05/19/2015 38 MOTION to Seal Notice of Defendants' Motion to File Under Seal
FCA Complaint and Memorandum of Law in Support of Anticipated
Motion to Transfer. Document filed by JPMorgan Chase & Co.,
JPMorgan Chase Bank, N.A..(Wick, Robert) (Entered: 05/19/2015)
05/19/2015 39 MEMORANDUM OF LAW in Support re: 38 MOTION to Seal
Notice of Defendants' Motion to File Under Seal FCA Complaint and
Memorandum of Law in Support of Anticipated Motion to Transfer. .
Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank,
Seal Notice of Defendants' Motion to File Under Seal FCA Complaint
and Memorandum of Law in Support of Anticipated Motion to
Transfer.. Document filed by JPMorgan Chase & Co., JPMorgan
Chase Bank, N.A.. (Attachments: # 1 Text of Proposed Order)(Wick,
Robert) (Entered: 05/19/2015)
05/20/2015 41 SEALING ORDER granting 38 Motion to Seal Notice of Defendants'
Motion to File Under Seal FCA Complaint and Memorandum of Law
in Support of Anticipated Motion to Transfer. UPON THE
APPLICATION OF movants, Defendants JPMorgan Chase Bank,
N.A. and JPMorgan Chase & Co., for an order sealing: First Amended
Complaint, filed under seal on November 17, 2014, in the United
States District Court for the District of Columbia, in Case No. 1:14-cv-
01047-RMC, United States ex rel. Schneider v. JPMorgan Chase
Bank, N.A., et al.; and An unredacted version of Defendants'
Memorandum of Law in Support of Their Motion to Transfer Venue to
the United States District Court for the District of Columbia, and good
cause to do so having been found, and with Plaintiffs' consent, it is
hereby: ORDERED that the following documents be filed under seal:
First Amended Complaint, filed under seal on November 17, 2014, in
the United States District Court for the District of Columbia, in Case
No. 1:14-cv-01047-RMC, United States ex rel. Schneider v. JPMorgan
Chase Bank, N.A., et al., and An unredacted version of Defendants'
Memorandum of Law in Support of Their Motion to Transfer Venue to
the United States District Court for the District of Columbia; and IT IS
FURTHER ORDERED that the sealed records that have been filed
with the clerk shall be removed by the party submitting them (1)
within ninety (90) days after a final decision is rendered if no appeal is
taken, or (2) if an appeal is taken, within thirty (30) days after final
disposition of the appeal. Parties failing to comply with this Order
shall be notified by the clerk that, should they fail to remove the sealed
records within thirty (30) days, the clerk may dispose of them. IT IS
SO ORDERED, this 20th day of May, 2015. (Signed by Magistrate
Judge James C. Francis on 5/20/2015) (kl) Modified on 5/20/2015 (kl).
(Entered: 05/20/2015)
05/20/2015 Transmission to Sealed Records Clerk. Transmitted re: 41 Order on
Motion to Seal, to the Sealed Records Clerk for the sealing or
unsealing of document or case. (kl) (Entered: 05/20/2015)
05/22/2015 42 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a). Document
filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Wick,
05/22/2015 43 MEMORANDUM OF LAW in Support re: 42 MOTION to Change
Venue Pursuant to 28 U.S.C. 1404(a). Defendants' Redacted
Memorandum of Law in Support of Motion to Change Venue.
05/22/2015 44 DECLARATION of Patrick M. Boyle in Support re: 42 MOTION to
Change Venue Pursuant to 28 U.S.C. 1404(a).. Document filed by
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Wick, Robert)
(Entered: 05/22/2015)
Change Venue Pursuant to 28 U.S.C. 1404(a).. Document filed by
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments:
# 1 Exhibit A, # 2 Exhibit B (Part I), # 3 Exhibit B (Part II), # 4
Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, #
9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13
Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17
Exhibit P)(Wick, Robert) (Entered: 05/22/2015)
05/22/2015 46 CERTIFICATE OF SERVICE of Unredacted Memorandum of Law in
Support of Motion to Change Venue and Exhibit E to Maya
Declaration on May 22, 2015. Service was made by Mail. Document
filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Wick,
05/22/2015 47 SEALED DOCUMENT placed in vault.(mps) (Entered: 05/22/2015)
05/29/2015 48 LETTER MOTION for Extension of Time addressed to Magistrate
Judge James C. Francis IV from Gary F. Eisenberg dated May 29,
06/01/2015 49 ORDER granting 48 Letter Motion for Extension of Time. Plaintiffs
shall answer the motion to transfer by June 25, 2015; defendants shall
reply by July 16, 2015. (HEREBY ORDERED by Magistrate Judge
James C. Francis)(Text Only Order) (Francis, James) (Entered:
06/01/2015)
06/02/2015 50 MOTION to Seal Document . Document filed by 1st Fidelity Loan
Partners, Inc..(Eisenberg, Gary) (Entered: 06/02/2015)
06/02/2015 51 DECLARATION of Gary F. Eisenberg in Support re: 50 MOTION to
Seal Document .. Document filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc..
(Attachments: # 1 Exhibit A - Proposed Order)(Eisenberg, Gary)
(Entered: 06/02/2015)
06/02/2015 52 MEMORANDUM OF LAW in Support re: 50 MOTION to Seal
Document . . Document filed by 1st Fidelity Loan Servicing, LLC,
06/03/2015 53 ORDER granting 50 Motion to Seal Document. ORDERED that the
following documents be filed under seal: An un-redacted version of
Plaintiffs' Opposition to Defendants' Motion to Change Venue
Pursuant to 28 U.S.C. § 1404(a); An un-redacted version of
Defendants' Reply in Support of its Motion to ChangeVenue pursuant
to 28 U.S.C. § 1404(a). IT IS FURTHER ORDERED that the
aforementioned documents be filed under seal, and the public shall
have no access to them; and IT IS FURTHER ORDERED, that the
sealed records that have been filed with the clerk shall be removed by
the party submitting them (1) within ninety (90) days after a final
decision is made if no appeal is taken; or (2) if an appeal is taken,
within thirty (30) days after the final disposition of the appeal. Parties
failing to comply with this Order shall be notified by the clerk that,
should they fail to remove the sealed records within thirty (30) days,
the clerk may dispose of them. IT IS SO ORDERED.(Signed by
Magistrate Judge James C. Francis on 6/03/2015) (ama) (Entered:
06/03/2015)
06/03/2015 Transmission to Sealed Records Clerk. Transmitted re: 53 Order on
Motion to Seal Document, to the Sealed Records Clerk for the sealing
or unsealing of document or case. (ama) (Entered: 06/03/2015)
06/05/2015 54 NOTICE OF APPEARANCE by Helen Davis Chaitman on behalf of
LLC, S & A Capital Partners, Inc.. (Chaitman, Helen) (Entered:
06/05/2015)
06/05/2015 55 NOTICE OF APPEARANCE by Lance Gotthoffer on behalf of 1st
& A Capital Partners, Inc.. (Gotthoffer, Lance) (Entered: 06/05/2015)
06/12/2015 56 NOTICE of Substitution of Attorney. Old Attorney: Gary F. Eisenberg
of Perkins Coie LLP, New Attorney: Helen Davis Chaitman and Lance
Gotthoffer of Becker & Poliakoff, LLP, Address: Becker & Poliakoff,
LLP, 45 Broadway, 8th Floor, New York, NY, United States 10006,
2125993322. Document filed by 1st Fidelity Loan Servicing, LLC,
(Attachments: # 1 Declaration of Laurence Schneider, # 2 Declaration
of Gary F. Eisenberg, # 3 Declaration of Lance Gotthoffer, # 4 Consent
Order, # 5 Consent Order)(Chaitman, Helen) (Entered: 06/12/2015)
06/17/2015 57 LETTER MOTION for Extension of Time ; b) permitting filing Third
Amended Complaint; c) staying submission of any motion to dismiss;
d) staying discovery addressed to Magistrate Judge James C. Francis
IV from Helen Davis Chaitman dated June 17, 2015. Document filed
by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing,
LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Text of Proposed
Order)(Chaitman, Helen) (Entered: 06/17/2015)
06/18/2015 58 ORDER PERMITTING THE FILING OF A THIRD AMENDED
COMPLAINT, EXTENDING TIME TO ANSWER, MOVE, OR
OTHERWISE RESPOND THERETO, AND STAYING
SUBMISSION OF ANY SUCH MOTION AND STAYING
DISCOVERY PENDING DETERMINATION OF THE TRANSFER
MOTION granting 57 Motion for Extension of Time: Plaintiffs shall
file their opposition to Defendants' motion to transfer by July 9, 2015.
Defendants may file any reply thereto no later than July 30, 2015.
Plaintiffs shall file a Third Amended Complaint no later than July 31,
2015. Defendants will have 45 days to answer, reply or otherwise
move with respect to the Third Amended Complaint. In the event the
motion to transfer remains pending at the expiration of the 45 day
period, Defendants shall file any motion to dismiss 14 days after a
ruling on the transfer motion. Neither party is permitted to seek
discovery herein, or seek to enforce existing discovery demands, until
the transfer motion is decided, except to the extent such discovery
relates to the transfer motion or an emergency situation exists.
Amended Pleadings due by 7/31/2015. (Signed by Magistrate Judge
James C. Francis on 6/18/2015) (tn) (Entered: 06/18/2015)
06/18/2015 Set/Reset Deadlines as to 42 MOTION to Change Venue Pursuant to
28 U.S.C. 1404(a): Responses due by 7/9/2015, Replies due by
7/30/2015. (tn) (Entered: 06/18/2015)
07/09/2015 59 MEMORANDUM OF LAW in Opposition re: 42 MOTION to Change
Venue Pursuant to 28 U.S.C. 1404(a). Plaintiffs' Memorandum in
Opposition to Defendants' Motion to Transfer Venue. Document filed
07/09/2015)
07/09/2015 60 DECLARATION of Helen Davis Chaitman in Opposition re: 42
MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a)..
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D, # 5 Exhibit E)(Chaitman, Helen) (Entered: 07/09/2015)
07/09/2015 61 CERTIFICATE OF SERVICE of Memorandum [ECF No. 59];
Declaration with Exhibits [ECF No. 60} served on Robert D. Wick,
Michael M. Maya, Michael C. Nicholson on 07/09/2015. Document
filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc.. (Chaitman, Helen)
(Entered: 07/09/2015)
07/10/2015 62 LETTER addressed to Judge Laura Taylor Swain from Helen Davis
Chaitman dated 07/10/2015 re: Motion to Transfer (ECF Doc. No. 42)
- Oral Argument Requested. Document filed by 1st Fidelity Loan
Partners, Inc..(Chaitman, Helen) (Entered: 07/10/2015)
07/21/2015 63 LETTER addressed to Magistrate Judge James C. Francis IV from
Helen Davis Chaitman dated 07/21/2015 re: Extension of Time.
(Attachments: # 1 Text of Proposed Order)(Chaitman, Helen)
(Entered: 07/21/2015)
07/21/2015 64 ORDER EXTENDING TIME FOR FILING OF A THIRD
AMENDED COMPLAINT AND TIME TO FILE REPLY TO
TRANSFER MOTION: 1. Plaintiffs shall file a Third Amended
Complaint no later than August 24, 2015. Defendants will have 45
days to answer, reply or otherwise move with respect to the Third
Amended Complaint. In the event the motion to transfer remains
pending at the expiration of the 45 day period, Defendants shall file
any motion to dismiss 14 days after a ruling on the transfer motion. 2.
Defendants may file a reply in further support of their motion to
transfer no later than September 4, 2015. 3. Neither party is permitted
to seek discovery herein, or seek to enforce existing discovery
demands, until the transfer motion is decided. except to the extent such
discovery relates to the transfer motion or an emergency situation
exists. 4. No further extensions. (As further set forth in this Order)
(Amended Pleadings due by 8/24/2015., Replies due by 9/4/2015.)
(Signed by Magistrate Judge James C. Francis on 7/21/2015) (kl)
(Entered: 07/21/2015)
08/24/2015 65 FILING ERROR - DUPLICATE DOCKET ENTRY - THIRD
AMENDED COMPLAINT amending 27 Amended Complaint,
against Chase Home Finance, LLC., JPMorgan Chase & Co.,
JPMorgan Chase Bank, N.A. with JURY DEMAND.Document filed
by Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.,
1st Fidelity Loan Servicing, LLC. Related document: 27 Amended
Complaint, filed by 1st Fidelity Loan Servicing, LLC, Mortgage
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4,
# 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9,
# 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Chaitman, Helen)
Modified on 8/25/2015 (moh). (Entered: 08/24/2015)
08/24/2015 66 CERTIFICATE OF SERVICE of Third Amended Complaint served on
Covington & Burling, L.L.P. (DC) on 8/24/2014. Document filed by
08/24/2015)
08/24/2015 67 THIRD AMENDED COMPLAINT amending 27 Amended
Complaint, against Chase Home Finance, LLC., JPMorgan Chase &
Co., JPMorgan Chase Bank, N.A. with JURY DEMAND.Document
filed by Mortgage Resolution Servicing, LLC, S & A Capital Partners,
Inc., 1st Fidelity Loan Servicing, LLC. Related document: 27
Amended Complaint, filed by 1st Fidelity Loan Servicing, LLC,
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4,
# 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9,
# 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Chaitman, Helen)
(Entered: 08/24/2015)
08/24/2015 68 CERTIFICATE OF SERVICE of Third Amended Complaint [ECF No.
67] served on Covington & Burling, L.L.P. (DC) on 8/24/2014.
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Chaitman,
Helen) (Entered: 08/24/2015)
08/25/2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT
PLEADING. Notice to Attorney Helen Chaitman to RE-FILE
Document No. 65 Amended Complaint. The filing is deficient for
the following reason(s): the PDF attached to the docket entry for
the pleading is not correct. Re-file the pleading using the event
type Amended Complaint found under the event list Complaints
and Other Initiating Documents - attach the correct signed PDF -
select the individually named filer/filers - select the individually
named party/parties the pleading is against. (moh) (Entered:
08/25/2015)
09/04/2015 69 REPLY MEMORANDUM OF LAW in Support re: 42 MOTION to
Change Venue Pursuant to 28 U.S.C. 1404(a). . Document filed by
Chase Bank, N.A.. (Wick, Robert) (Entered: 09/04/2015)
09/15/2015 70 LETTER MOTION for Leave to File sur-reply Request to strike
portions of Plaintiffs' Opposition to Defendants' Motion to Transfer
Venue or file sur-reply addressed to Magistrate Judge James C. Francis
IV from Lance Gotthoffer dated 09/15/2015. Document filed by 1st
& A Capital Partners, Inc..(Gotthoffer, Lance) (Entered: 09/15/2015)
09/15/2015 71 ORDER granting 70 Letter Motion for Leave to File Document.
Plaintiffs may file a sur-reply of no more than five pages by
September 21, 2015. (HEREBY ORDERED by Magistrate Judge
James C. Francis)(Text Only Order) (Francis, James) (Entered:
09/15/2015)
09/21/2015 72 NOTICE OF CHANGE OF ADDRESS by Lance Gotthoffer on behalf
of 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing,
LLC, S & A Capital Partners, Inc.. New Address: Chaitman LLP, 465
Park Avenue, New York, New York, USA 10022, 888-759-1114.
(Gotthoffer, Lance) (Entered: 09/21/2015)
09/21/2015 73 NOTICE OF CHANGE OF ADDRESS by Helen Davis Chaitman on
behalf of 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc.. New Address: Chaitman
LLP, 465 Park Avenue, New York, New York, United States 10022,
888-759-1114. (Chaitman, Helen) (Entered: 09/21/2015)
09/21/2015 74 REPLY MEMORANDUM OF LAW in Opposition re: 42 MOTION to
Change Venue Pursuant to 28 U.S.C. 1404(a). PLAINTIFFS' SUR-
REPLY IN OPPOSITION TO DEFENDANTS' MOTION TO
TRANSFER. Document filed by 1st Fidelity Loan Servicing, LLC,
(Chaitman, Helen) (Entered: 09/21/2015)
10/28/2015 75 MEMORANDUM AND ORDER denying 42 Motion to Change
Venue: For the foregoing reasons, the defendants' motion to transfer
(Docket No. 42) is denied. (Signed by Magistrate Judge James C.
Francis on 10/28/2015) Copies Mailed By Chambers. (tn) (Entered:
10/28/2015)
11/12/2015 76 MOTION to Dismiss Counts Four Through Nine of Plaintiffs' Third
Amended Complaint. Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Wick, Robert)
(Entered: 11/12/2015)
11/12/2015 77 MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss
Counts Four Through Nine of Plaintiffs' Third Amended Complaint. .
Co., JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered:
11/12/2015)
Dismiss Counts Four Through Nine of Plaintiffs' Third Amended
Complaint.. Document filed by Chase Home Finance, LLC.,
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Maya, Michael) (Entered:
11/12/2015)
11/19/2015 79 LETTER MOTION for Extension of Time to File Response/Reply as
to 76 MOTION to Dismiss Counts Four Through Nine of Plaintiffs'
Third Amended Complaint. addressed to Magistrate Judge James C.
Francis IV from Suzan Arden dated November 19, 2015. Document
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Text
of Proposed Order)(Chaitman, Helen) (Entered: 11/19/2015)
11/23/2015 80 ORDER denying 79 Letter Motion for Extension of Time to File
Response/Reply. The request for extensions of time, for which no
good cause is shown and which are excessive, is denied. DE #79
resolved. (Signed by Judge Laura Taylor Swain on 11/23/2015) (spo)
(Entered: 11/23/2015)
11/24/2015 81 LETTER MOTION for Extension of Time to File Response/Reply to
Defendants' Motion to Dismiss addressed to Judge Laura Taylor Swain
from Suzan Arden dated Nov. 23, 2015. Document filed by 1st
& A Capital Partners, Inc..(Chaitman, Helen) (Entered: 11/24/2015)
11/24/2015 82 ORDER granting in part and denying in part 81 Letter Motion for
Extension of Time to File Response/Reply.The requested extensions
are granted. DE #81 resolved. Responses due by 12/7/2015. Replies
due by 12/21/2015. (Signed by Judge Laura Taylor Swain on
11/24/2015) (lmb) (Entered: 11/24/2015)
12/07/2015 83 MEMORANDUM OF LAW in Opposition re: 76 MOTION to
Complaint. Plaintiffs' Memorandum of Law in Opposition to
Defendants' Motion to Dismiss Counts Four through Nine of the
Plaintiffs' Third Amended Complaint. Document filed by 1st Fidelity
Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A
Capital Partners, Inc.. (Chaitman, Helen) (Entered: 12/07/2015)
MOTION to Dismiss Counts Four Through Nine of Plaintiffs' Third
Amended Complaint.. Document filed by 1st Fidelity Loan Servicing,
Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4)(Chaitman, Helen) (Entered: 12/07/2015)
12/07/2015 85 CERTIFICATE OF SERVICE of Memorandum ECF #83; Declaration
ECF #84 served on Covington & Burling, LLP on 12/7/2015.
Complaint. . Document filed by Chase Home Finance, LLC.,
(Entered: 12/18/2015)
12/22/2015 87 MEMORANDUM OPINION AND ORDER: For the foregoing
reasons, Defendants' motion to transfer is denied. This Order resolves
docket entry no. 42. This case remains assigned to Magistrate Judge
Francis for general pre-trial management per docket entry no. 31. (As
further set forth in this Order) (Signed by Judge Laura Taylor Swain
on 12/22/2015) (kl) (Entered: 12/22/2015)
02/09/2016 88 MOTION for Christian J. Pistilli to Appear Pro Hac Vice . Filing fee $
Chase Bank, N.A.. (Attachments: # 1 Exhibit NY Certificate of Good
Standing, # 2 Exhibit DC Certificate of Good Standing, # 3 Text of
Proposed Order)(Pistilli, Christian) (Entered: 02/09/2016)
Regarding Document No. 88 MOTION for Christian J. Pistilli to
are no deficiencies. (sdi) (Entered: 02/09/2016)
Suzan Arden dated February 22, 2016 re: extend discovery dates.
(Attachments: # 1 Exhibit Proposed Amended Pre-Trial Scheduling
Order)(Arden, Suzan) (Entered: 02/22/2016)
02/23/2016 90 ORDER granting 88 Motion for Christian J. Pistilli to Appear Pro Hac
Vice. (HEREBY ORDERED by Magistrate Judge James C. Francis)
(Text Only Order) (Francis, James) (Entered: 02/23/2016)
02/23/2016 91 AMENDED PRE-TRIAL SCHEDULING ORDER. All non-expert
witness Discovery due by 9/2/2016. All Expert witness Discovery due
by 1/27/2017. Dispositive Motions due by 2/28/2017. Final Pretrial
Conference set for 6/9/2017 at 10:00 AM in Courtroom 12D, 500
Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.
(As further set forth in this Order.) (Signed by Magistrate Judge James
C. Francis on 2/23/2016) (adc) Modified on 2/24/2016 (adc). (Entered:
02/23/2016)
05/27/2016 92 NOTICE of MOTION. Document filed by 1st Fidelity Loan Servicing,
Inc.. (Chaitman, Helen) (Entered: 05/27/2016)
05/27/2016 93 MOTION to Compel Defendants to Produce Discovery and Define
Scope NOTICE OF MOTION. Document filed by 1st Fidelity Loan
Partners, Inc..(Chaitman, Helen) (Entered: 05/27/2016)
05/27/2016 94 MEMORANDUM OF LAW in Support re: 93 MOTION to Compel
Defendants to Produce Discovery and Define Scope NOTICE OF
MOTION. . Document filed by 1st Fidelity Loan Servicing, LLC,
(Chaitman, Helen) (Entered: 05/27/2016)
05/27/2016 95 DECLARATION of Helen Davis Chaitman in Support re: 93
MOTION to Compel Defendants to Produce Discovery and Define
Scope NOTICE OF MOTION.. Document filed by 1st Fidelity Loan
Partners, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8
Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit
L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Chaitman, Helen)
(Entered: 05/27/2016)
05/27/2016 96 CERTIFICATE OF SERVICE of Notice of Motion, Brief and
Declaration with Exhs. A - O served on Defendants on May 27, 2016.
05/31/2016 97 ORDER: Plaintiffs having filed a motion to compel discovery, it is
hereby ORDERED as follows: 1. Defendants shall answer the motion
by June 13, 2016. 2. Plaintiffs shall reply by June 17, 2016.
(Responses due by 6/13/2016, Replies due by 6/17/2016.) (Signed by
Magistrate Judge James C. Francis on 5/31/2016) (cf) (Entered:
05/31/2016)
06/13/2016 98 CROSS MOTION for Protective Order . Document filed by Chase
N.A..(Wick, Robert) (Entered: 06/13/2016)
Compel Defendants to Produce Discovery and Define Scope NOTICE
OF MOTION. Defendants' Memorandum of Law in Opposition to
Plaintiffs' Motion to Compel and Define Scope of Discovery and in
Support of Defendants' Cross-Motion for Protective Order. Document
filed by Chase Home Finance, LLC., JPMorgan Chase & Co.,
JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered: 06/13/2016)
06/13/2016 100 DECLARATION of Christian J. Pistilli in Opposition re: 93 MOTION
to Compel Defendants to Produce Discovery and Define Scope
NOTICE OF MOTION.. Document filed by Chase Home Finance,
LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9
Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit
M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)
(Pistilli, Christian) (Entered: 06/13/2016)
06/13/2016 101 DECLARATION of Phil Verdelho in Opposition re: 93 MOTION to
OF MOTION.. Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Pistilli,
Christian) (Entered: 06/13/2016)
06/13/2016 102 DECLARATION of Michael J. Zeeb in Opposition re: 93 MOTION to
OF MOTION.. Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Pistilli,
OF MOTION. Plaintiffs' Reply Memorandum of Law in Further
Support of Motion to Compel and Define Scope of Discovery and in
Opposition to Defendants' Cross Motion for a Protective Order 98 .
06/17/2016 104 DECLARATION of Helen Davis Chaitman in Support re: 93
Partners, Inc.. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part
2)(Chaitman, Helen) (Entered: 06/17/2016)
06/22/2016 105 REPLY MEMORANDUM OF LAW in Support re: 98 CROSS
MOTION for Protective Order . . Document filed by Chase Home
(Wick, Robert) (Entered: 06/22/2016)
06/22/2016 106 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE
DOCUMENT #107) - DECLARATION of Robert D. Wick in
Support re: 98 CROSS MOTION for Protective Order .. Document
JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit 1)(Wick,
Robert) Modified on 6/23/2016 (ldi). (Entered: 06/22/2016)
06/22/2016 107 DECLARATION of Christian J. Pistilii in Support re: 98 CROSS
MOTION for Protective Order .. Document filed by Chase Home
(Attachments: # 1 Exhibit 1)(Pistilli, Christian) (Entered: 06/22/2016)
Suzan Arden dated 06/24/2016 re: Request to strike. Document filed
LLC, S & A Capital Partners, Inc..(Arden, Suzan) (Entered:
06/24/2016)
06/27/2016 109 MEMO ENDORSEMENT on re: 108 Letter filed by 1st Fidelity Loan
Partners, Inc. ENDORSEMENT: The application to strike portions of
defendants' reply memorandum is denied. Plantiffs may promptly
submit a sur-reply of no more than two pages. (Signed by Magistrate
Judge James C. Francis on 6/27/2016) (cf) (Entered: 06/27/2016)
06/27/2016 110 REPLY AFFIDAVIT of Helen Davis Chaitman in Support re: 93
Partners, Inc.. (Attachments: # 1 Exhibit A)(Chaitman, Helen)
(Entered: 06/27/2016)
07/14/2016 111 MEMORANDUM AND ORDER granting in part and denying in part
93 Motion to Compel; granting 98 Motion for Protective Order. For
the foregoing reasons, the plaintiffs' motion to compel (Docket no. 93)
is granted in part as set out above. The defendants' cross-motion for a
protective order (Docket no. 98) is granted. (As further set forth in this
Order.) (Signed by Magistrate Judge James C. Francis on 7/14/2016)
Copies sent by Chambers (cf) (Entered: 07/14/2016)
07/25/2016 112 MOTION for Protective Order . Document filed by Chase Home
07/25/2016 113 MEMORANDUM OF LAW in Support re: 112 MOTION for
Protective Order . . Document filed by Chase Home Finance, LLC.,
# 1 Text of Proposed Order)(Wick, Robert) (Entered: 07/25/2016)
07/25/2016 114 DECLARATION of Christian J. Pistilli in Support re: 112 MOTION
for Protective Order .. Document filed by Chase Home Finance, LLC.,
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit
E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J)(Wick, Robert) (Entered: 07/25/2016)
Suzan Arden dated 07/28/2016 re: briefing schedule extension.
Resolution Servicing, LLC, S & A Capital Partners, Inc..(Arden,
Suzan) (Entered: 07/28/2016)
Partners, Inc. ENDORSEMENT: The schedule set forth above is
approved. (Responses due by 8/12/2016, Replies due by 8/24/2016.)
(Signed by Magistrate Judge James C. Francis on 8/1/2016) (cf)
(Entered: 08/01/2016)
08/12/2016 117 MEMORANDUM OF LAW in Opposition re: 112 MOTION for
Protective Order . Plaintiff's Memorandum of Law in Opposition to
Defendants' Motion for a Protective Order. Document filed by 1st
& A Capital Partners, Inc.. (Chaitman, Helen) (Entered: 08/12/2016)
MOTION for Protective Order .. Document filed by 1st Fidelity Loan
Partners, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3
Exhibit B Part 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7
Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J,
# 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16
Exhibit O, # 17 Exhibit P Proposed Order)(Chaitman, Helen)
(Entered: 08/12/2016)
08/12/2016 119 CERTIFICATE OF SERVICE of Opposition to Motion served on
Covington & Burling, LLP on 08/12/2016. Document filed by 1st
& A Capital Partners, Inc.. (Chaitman, Helen) (Entered: 08/12/2016)
08/24/2016 120 REPLY MEMORANDUM OF LAW in Support re: 112 MOTION for
Protective Order . . Document filed by Chase Home Finance, LLC.,
(Entered: 08/24/2016)
08/25/2016 121 JOINT LETTER MOTION for Extension of Time To Complete Pre-
Trial Deadlines addressed to Magistrate Judge James C. Francis IV
from Robert D. Wick and Helen Davis Chaitman dated August 25,
2016. Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Text of
Proposed Order)(Wick, Robert) (Entered: 08/25/2016)
08/26/2016 122 ORDER granting 121 Letter Motion for Extension of Time.. (Signed
by Magistrate Judge James C. Francis on 8/26/2016) (Francis, James)
(Entered: 08/26/2016)
08/26/2016 123 PRE-TRIAL SCHEDULING ORDER: All non-expert witness
discovery in this matter must be completed by December 15, 2016. All
expert witness discovery must be completed by May 5, 2017.
Dispositive motions, if any, seeking resolution, in whole or in part, of
the issues to be raised at trial must be served and filed on or before
May 30, 2017. The parties are directed to appear before the
undersigned in Courtroom No. 12D, 500 Pearl Street, New York, NY
10007, for a final pre-trial conference on September 15, 2017, at
11am. (As further set forth in this Order.) Motions due by 5/30/2017.
Expert Discovery due by 5/5/2017. Discovery due by 12/15/2016.
Final Pretrial Conference set for 9/15/2017 at 11:00 AM in Courtroom
12D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge
James C. Francis. (Signed by Magistrate Judge James C. Francis on
8/26/2016) (cf) (Entered: 08/26/2016)
Helen Davis Chaitman dated 08/29/2016 re: Request to file Sur-Reply.
Resolution Servicing, LLC, S & A Capital Partners, Inc..(Chaitman,
08/30/2016 125 ORDER granting in part and denying in part 112 Motion for Protective
Order. A modified protective order will be filed today. That order
permits disclosure in connection with related litigation, as precluding
such disclosure would only increase the cost and burden of discovery
in that litigation. The order also deletes paragraph 3(a), (b) & (e), as
these sections appear to authorize deeming confidential previously
undisclosed financial or ownership information or communications
with regulators, even if that information is not proprietary or otherwise
entitled to protection. Paragraph 3(c) would cover these categories of
information insofar as they are validly subject to confidentiality. The
order retains the provision that a party objecting to a confidentiality
designation has the burden of challenging that designation, but this
does not alter the burden on the designating party to show that the
information at issue is entitled to protection. (HEREBY ORDERED
by Magistrate Judge James C. Francis)(Text Only Order) (Francis,
James) (Entered: 08/30/2016)
Partners, Inc. ENDORSEMENT: Application denied. Individual
examples will be relevant if and when any confidentiality designation
is challenged. (Signed by Magistrate Judge James C. Francis on
8/30/2016) (cf) (Entered: 08/30/2016)
08/30/2016 127 PROTECTIVE ORDER...regarding procedures to be followed that
shall govern the handling of confidential material... All Discovery
Material produced or disclosed in connection with this action shall be
used solely for the prosecution or the defense of this action (including
any appeal therefrom) and for no other purpose, except that the parties
may disclose Discovery material to counsel in any related Litigation,
provided that (a) a confidentiality entered in the related action, and (b)
the party intending to make such a disclosure shall give ten days prior
notice to the other party. (As further set forth in this Order.) This Court
shall retain jurisdiction over all persons subject to this Order to the
extent necessary to enforce any obligations arising hereunder. This
order may be modified by further order of the Court. (Signed by
Magistrate Judge James C. Francis on 8/30/2016) (cf) (Entered:
08/30/2016)
Helen Davis Chaitman dated 08/30/2016 re: Orders. Document filed
LLC, S & A Capital Partners, Inc..(Chaitman, Helen) (Entered:
08/30/2016)
08/30/2016 129 MEMO ENDORSEMENT on re: 128 Letter filed by 1st Fidelity Loan
Partners, Inc. ENDORSEMENT: I intended to retain the Attorney's
Eyes Only provisions so that such protection would be available to the
extent necessary. SO ORDERED. (Signed by Magistrate Judge James
C. Francis on 8/30/2016) (mro) (Entered: 08/31/2016)
11/10/2016 130 NOTICE OF APPEARANCE by Mary Jane Fait on behalf of 1st
& A Capital Partners, Inc.. (Fait, Mary) (Entered: 11/10/2016)
Mary Jane Fait, Counsel for Mortgage Resolution Servicing, LLC, 1st
Fidelity Loan Servicing, LLC, and S&A Capital Partners, Inc. dated
11/21/2016 re: Settlement Conference. Document filed by 1st Fidelity
Capital Partners, Inc.. (Attachments: # 1 Exhibit Letters Between the
Parties)(Fait, Mary) (Entered: 11/21/2016)
from Robert D. Wick and Brent Tantillo dated November 29, 2016.
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Text of Proposed
Order)(Wick, Robert) (Entered: 11/29/2016)
11/30/2016 133 PRE-TRIAL SCHEDULING ORDER granting 132 Letter Motion for
Extension of Time. All applications to amend pleadings or join parties,
or amendments or joinders as of right, were required to have been
made by May 21, 2015, except for such applications as may be made
in response to this Court's decision(s) on motion(s) to dismiss. All
non-expert witness discovery in this matter must be completed by
March 15, 2017. All expert witness discovery must be completed by
August 4, 2017. Dispositive motions, if any, seeking resolution, in
whole or in part, of the issues to be raised at trial must be served and
filed on or before September 2, 2017. The parties are directed to
appear before the undersigned in Courtroom No. 12, 500 Pearl Street.
New York, NY 10007, for a final pre-trial conference on December 15,
2017, at 11:00 a.m. (As further set forth in this Order.) Discovery due
by 3/15/2017. Motions due by 9/2/2017. (Signed by Magistrate Judge
James C. Francis on 11/30/2016) (cf) (Entered: 11/30/2016)
11/30/2016 Set/Reset Deadlines: (Expert Discovery due by 8/4/2017.), Set/Reset
Hearings:(Final Pretrial Conference set for 12/15/2017 at 11:00 AM in
Courtroom 12D, 500 Pearl Street, New York, NY 10007 before
Magistrate Judge James C. Francis.) (cf) (Entered: 11/30/2016)
12/05/2016 134 MOTION for Brent S Tantillo to Appear Pro Hac Vice . Filing fee $
papers to be reviewed by Clerk's Office staff. Document filed by 1st
& A Capital Partners, Inc.. (Attachments: # 1 Exhibit Certificate of
Good Standing, # 2 Text of Proposed Order)(Tantillo, Brent) (Entered:
12/05/2016)
Regarding Document No. 134 MOTION for Brent S Tantillo to
are no deficiencies. (bcu) (Entered: 12/05/2016)
12/27/2016 135 LETTER addressed to Judge Laura Taylor Swain from Robert D.
Wick dated December 27, 2016 re: new authority relevant to
Defendants pending Motion to Dismiss Counts Four Through Nine of
Plaintiffs Third Amended Complaint. Document filed by Chase Home
(Attachments: # 1 Attachment)(Wick, Robert) (Entered: 12/27/2016)
12/28/2016 136 LETTER addressed to Judge Laura Taylor Swain from Brent Tantillo
dated 12/28/2016 re: Response to Defendant's Letter of December 27,
Resolution Servicing, LLC, S & A Capital Partners, Inc..(Tantillo,
Brent) (Entered: 12/28/2016)
Wick dated December 29, 2016 re: Opposition to Plaintiffs' Request to
Defer Ruling on Defendants' Motion to Dismiss. Document filed by
Chase Bank, N.A..(Wick, Robert) (Entered: 12/29/2016)
12/30/2016 138 LETTER addressed to Judge Laura Taylor Swain from Brent Tantillo
dated 12/30/2016 re: Response to Defendant's Letter of December 29,
01/12/2017 139 ORDER: On December 27, 2016, counsel for Defendants wrote to the
Court to provide supplemental authority that Defendants believed to
be relevant to the pending partial motion to dismiss the operative
Third Amended Complaint, which has been fully briefed by the
parties. (Docket entry no. 135.) In response, counsel for Plaintiffs
wrote to the Court and, inter alia, noted that Plaintiffs intend to file a
motion for leave to amend and requested that the Court "defer any
ruling on the [pending] motion to dismiss until [the Court] has an
opportunity to review and consider any subsequent briefing as to this
[proposed] new complaint." (Docket entry no. 136.) Plaintiffs' request,
which the Court construes as a request to stay consideration of the
pending motion, is denied, and the motion remains fully submitted and
under consideration by the Court. (Signed by Judge Laura Taylor
Swain on 1/12/2017) (mro) (Entered: 01/13/2017)
02/13/2017 140 MEMORANDUM OPINION AND ORDER: re: 76 MOTION to
Complaint filed by JPMorgan Chase & Co., JPMorgan Chase Bank,
N.A., Chase Home Finance, LLC. For the foregoing reasons,
Defendants' motion to dismiss is denied with respect to counts six and
seven of the TAC, and is granted with respect to counts four, five,
eight, and nine is granted. Plaintiffs may move for leave to amend by
March 6, 2017, which motion must be accompanied by a proposed
amended complaint and a blackline comparison of the proposed
amended complaint to the Complaint. This Memorandum Opinion and
Order resolves docket entry no. 76. The case remains referred to
Magistrate Judge Francis for general pre-trial management.SO
ORDERED., ( Motions due by 3/6/2017.) (Signed by Judge Laura
Taylor Swain on 2/13/2017) (ama) (Entered: 02/13/2017)
02/13/2017 141 ORDER FOR ADMISSION PRO HAC VICE OF BRENT S.
TANTILLO granting 134 Motion for Brent S. Tantillo to Appear Pro
Hac Vice. DE #134 resolved. (Signed by Judge Laura Taylor Swain on
2/13/2017) (anc) (Entered: 02/13/2017)
02/23/2017 142 MOTION for Philip J. Levitz to Appear Pro Hac Vice . Filing fee $
Chase Bank, N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Text of Proposed Order)(Levitz, Philip) (Entered:
02/23/2017)
Regarding Document No. 142 MOTION for Philip J. Levitz to
are no deficiencies. (ma) (Entered: 02/23/2017)
from Robert D. Wick and Brent Tantillo dated February 23, 2017.
02/23/2017 144 ORDER granting 142 Motion for Philip J. Levitz to Appear Pro Hac
Vice. (HEREBY ORDERED by Magistrate Judge James C. Francis)
Extension of Time. Plaintiffs may move for leave to amend by March
6, 2017, which motion must be accompanied by a proposed amended
complaint and a blackline comparison of the proposed Fourth
Amended Complaint to the Third Amended Complaint. Defendants
may respond to Plaintiffs' motion on or before April 6, 2017. All non-
expert witness discovery in this matter must be completed by June 15,
2017. All expert witness discovery must be completed by November 6,
2017. Dispositive motions, if any, seeking resolution, in whole or in
part, of the issues to be raised at trial must be served and filed on or
before December 8, 2017. The parties are directed to appear before the
undersigned in Courtroom No. 12D, 500 Pearl Street, New York, NY
10007, for a final pre-trial conference on February 2, 2018 at 10 a.m.
The parties will contact Judge Francis when they believe a settlement
conference would be productive. Discovery due by 6/15/2017.
Motions due by 12/8/2017. (Signed by Magistrate Judge James C.
Francis on 2/27/2017) (mro) (Entered: 02/27/2017)
02/27/2017 Set/Reset Deadlines: ( Expert Discovery due by 11/6/2017., Responses
due by 4/6/2017), Set/Reset Hearings:( Final Pretrial Conference set
for 2/2/2018 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New
York, NY 10007 before Magistrate Judge James C. Francis.) (mro)
(Entered: 02/27/2017)
02/28/2017 146 MOTION to Compel JPMORGAN CHASE BANK, N.A., CHASE
HOME FINANCE LLC, and JPMORGAN CHASE & CO. to Produce
DOCUMENTS THAT DEFENDANTS HAVE CONTINUED TO
WITHHOLD, A COMPLETE PRIVILEGE LOG, AND THE SPECIFIC
IDENTIFICATION OF A RULE 30(B(6) WITNESS. Document filed
LLC, S & A Capital Partners, Inc..(Tantillo, Brent) (Entered:
02/28/2017)
JPMORGAN CHASE BANK, N.A., CHASE HOME FINANCE LLC,
and JPMORGAN CHASE & CO. to Produce DOCUMENTS THAT
DEFENDANTS HAVE CONTINUED TO WITHHOLD, A COMPLETE
PRIVILEGE LOG, AND THE SPECIFIC IDENTIFICATION OF A
RULE 30(B(6) WITNESS. Document filed by 1st Fidelity Loan
Partners, Inc.. (Tantillo, Brent) (Entered: 02/28/2017)
02/28/2017 148 DECLARATION of Brent S. Tantillo in Support re: 146 MOTION to
Compel JPMORGAN CHASE BANK, N.A., CHASE HOME
FINANCE LLC, and JPMORGAN CHASE & CO. to Produce
IDENTIFICATION OF A RULE 30(B(6) WITNESS1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, Part One, # 5 Exhibit 4, Part
Two, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10
Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14
Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18
Exhibit 17, # 19 Exhibit 18)(Tantillo, Brent) (Entered: 02/28/2017)
03/02/2017 149 ORDER as to 146 MOTION to Compel JPMORGAN CHASE BANK,
N.A., CHASE HOME FINANCE LLC, and JPMORGAN CHASE &
CO. to Produce DOCUMENTS THAT DEFENDANTS HAVE
CONTINUED TO WITHHOLD, A COMPLETE PRIVILEGE LOG,
AND THE SPECIFIC IDENTIFICATION OF A RULE 30(B(6)
WITNESS: Plaintiffs having moved to compel discovery, and the
parties having agreed to a briefing schedule, it is hereby ORDERED as
follows: Defendants shall answer the motion by March 14, 2017.
Plaintiffs shall reply by March 21, 2017. SO ORDERED. (Responses
due by 3/14/2017. Replies due by 3/21/2017.) (Signed by Magistrate
Judge James C. Francis on 3/2/2017) Copies Transmitted this Date by
Chambers. (anc) Modified on 3/2/2017 (anc). (Entered: 03/02/2017)
03/06/2017 150 MOTION for Leave to File FOURTH AMENDED AND
SUPPLEMENTED COMPLAINT AND AMENDED RICO CASE
STATEMENT UNDER F.R.C.P 15 . Document filed by 1st Fidelity
Capital Partners, Inc..(Tantillo, Brent) (Entered: 03/06/2017)
03/06/2017 151 MEMORANDUM OF LAW in Support re: 150 MOTION for Leave to
File FOURTH AMENDED AND SUPPLEMENTED COMPLAINT
AND AMENDED RICO CASE STATEMENT UNDER F.R.C.P 15 . .
(Attachments: # 1 Exhibit Proposed Fourth Amended Complaint, # 2
Exhibit 1 -- S&A Loans & 1st Fidelity Loans Purchased from the
Defendants, # 3 Exhibit 2 -- Master Mortgage Loan Sale Agreement
between S&A and Defendants, # 4 Exhibit 3 -- Master Mortgage Loan
Sale Agreement Between 1st Fidelity and Defendants, # 5 Exhibit 4 --
Mortgage Loan Purchase Agreement between MRS and Chase Home
Finance, # 6 Exhibit 5 -- Forgiveness Letters Defendants Sent to S&A
Borrowers, # 7 Exhibit 6 -- Forgiveness Letters Defendants Sent to 1st
Fidelity Borrowers, # 8 Exhibit 7 -- Buyback Letters, # 9 Exhibit 8 --
Warwick Cancellation Letter, # 10 Exhibit 9 -- Investigator Letter, # 11
Exhibit 10 -- Ahmed Answer to Petition, # 12 Exhibit 11 -- Hancock
Debt Forgiveness Letter, # 13 Exhibit 12 -- Known Lien Releases, #
14 Exhibit 13 -- King Assignment of Mortgage, # 15 Exhibit 14 --
Discharge of King Mortgage, # 16 Exhibit 15 -- Legal Blackline
Comparing Third Amended and Proposed Fourth Amended
Complaint, # 17 Exhibit 16 -- Proposed Amended RICO Case
Statement, # 18 Exhibit 17 -- Legal Blackline Comparing RICO Case
Statements)(Tantillo, Brent) (Entered: 03/06/2017)
03/14/2017 152 CROSS MOTION for Protective Order . Document filed by Chase
IDENTIFICATION OF A RULE 30(B(6) WITNESS. Document filed
by Chase Home Finance, LLC., JPMorgan Chase & Co., JPMorgan
03/14/2017 154 DECLARATION of Christian J. Pistilli in Opposition re: 146
MOTION to Compel JPMORGAN CHASE BANK, N.A., CHASE
HOME FINANCE LLC, and JPMORGAN CHASE & CO. to Produce
IDENTIFICATION OF A RULE 30(B(6) WITNESS1 Exhibit A - Third
Amended Complaint, dated 8/24/2015, # 2 Exhibit B - Memorandum
Opinion and Order, dated 2/13/2017, # 3 Exhibit C - Plaintiffs First
Request for the Production of Documents to All Defendants, dated
1/8/2016, # 4 Exhibit D - Defendants Objections and Responses to
Plaintiffs First Request for the Production of Documents to All
Defendants, dated 2/24/2016, # 5 Exhibit E - Letter from Christian
Pistilli to Brent Tantillo, dated 1/25/2017, # 6 Exhibit F -
Memorandum and Order, dated 7/14/2016, # 7 Exhibit G - Letter from
Christian Pistilli to Brent Tantillo, dated 11/16/2016, # 8 Exhibit H -
Letter from Christian Pistilli to Brent Tantillo, dated 2/8/2017, # 9
Exhibit I - Letter from Brent Tantillo to Christian Pistilli, dated
11/10/2016, # 10 Exhibit J - Letter from Robert Wick to Joseph Black,
dated 8/8/2014, # 11 Exhibit K - Letter from Robert Wick to Joseph
Black, dated 9/16/2015, # 12 Exhibit L - Letter from Brent Tantillo to
Christian Pistilli, dated 12/6/2016, # 13 Exhibit M - Letter from
Christian Pistilli to Brent Tantillo, dated 12/12/2016, # 14 Exhibit N -
Letter from Brent Tantillo to Christian Pistilli, dated 12/19/2016, # 15
Exhibit O - Letter from Brent Tantillo to Christian Pistilli, dated
1/6/2017, # 16 Exhibit P - Email from Philip Levitz to Brent Tantillo
attaching the Defendants Supplemental Privilege Log, dated
2/28/2017, # 17 Exhibit Q - Notice of Rule 30(b)(6) Deposition, dated
4/20/2016, # 18 Exhibit R - Email from Christian Pistilli to Suzan
Arden, dated 4/28/2016, # 19 Exhibit S - Email from Christian Pistilli
to Suzan Arden, dated 6/8/2016, # 20 Exhibit T - Letter from Mary
Jane Fait to Christian Pistilli, dated 12/2/2016, # 21 Exhibit U - Email
from Philip Levitz to Brent Tantillo and Mary Jane Fait, dated
2/6/2017, # 22 Exhibit V - Letter from Christian Pistilli to Brent
Tantillo, dated 12/22/2016, # 23 Exhibit W - Email chain bates
stamped JPMC-MRS-00368705 to JPMC-MRS-00368706, # 24
Exhibit X - Letter from Christian Pistilli to Brent Tantillo, dated
12/19/2016, # 25 Exhibit Y - Letter from Christian Pistilli to Brent
Tantillo, dated 11/30/2016, # 26 Exhibit Z - Plaintiffs First Set of
Interrogatories to All Defendants, dated 1/8/2016)(Wick, Robert)
(Entered: 03/14/2017)
03/14/2017 155 DECLARATION of Phil Verdelho in Opposition re: 146 MOTION to
IDENTIFICATION OF A RULE 30(B(6) WITNESS
03/20/2017 156 REPLY to Response to Motion re: 146 MOTION to Compel
JPMORGAN CHASE BANK, N.A., CHASE HOME FINANCE LLC,
and JPMORGAN CHASE & CO. to Produce DOCUMENTS THAT
DEFENDANTS HAVE CONTINUED TO WITHHOLD, A COMPLETE
PRIVILEGE LOG, AND THE SPECIFIC IDENTIFICATION OF A
RULE 30(B(6) WITNESS152 CROSS MOTION for Protective Order .
and Cross Motion for Protective Order. Document filed by 1st Fidelity
Capital Partners, Inc.. (Tantillo, Brent) (Entered: 03/20/2017)
Leave to File FOURTH AMENDED AND SUPPLEMENTED
COMPLAINT AND AMENDED RICO CASE STATEMENT
UNDER F.R.C.P 15 . . Document filed by Chase Home Finance,
LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Wick,
MOTION for Leave to File FOURTH AMENDED AND
SUPPLEMENTED COMPLAINT AND AMENDED RICO CASE
STATEMENT UNDER F.R.C.P 15 .. Document filed by Chase Home
(Attachments: # 1 Exhibit A - Notice of Removal dated January 15,
2015, # 2 Exhibit B - Letter to Gary F. Eisenberg from Robert D. Wick
dated March 6, 2015, # 3 Exhibit C - Letter to the Hon. Laura T. Swain
from Gary F. Eisenberg re: Filing an Amended Complaint dated March
11, 2015, # 4 Exhibit D - Memo Endorsement of the Hon. Laura T.
Swain on Letter dated March 11, 2015, # 5 Exhibit E - Second
Amended Complaint dated 3/31/15, # 6 Exhibit F - Memorandum of
Law in Support of Defendants' Motion to Dismiss dated May 14,
2015, # 7 Exhibit G - Letter to the Hon. James C. Francis from Helen
Davis Chaitman dated June 17, 2015, # 8 Exhibit H - Order of the
Hon. James C. Francis Permitting the Filing of a Third Amended
Complaint dated June 18, 2015, # 9 Exhibit I - Third Amended
Complaint dated August 24, 2015, # 10 Exhibit J - Memorandum of
Law in Support of Defendants' Motion to Dismiss dated November 12,
2015, # 11 Exhibit K - Memorandum Opinion and Order of the Hon.
Laura T. Swain dated February 13, 2017 Granting in Part and Denying
in Part Defendants' Motion to Dismiss, # 12 Exhibit L - Memorandum
of Law in Support of Motion for Leave to File Fourth Amended
Complaint and Amended Rico Statement dated March 6, 2017, # 13
Exhibit M - Proposed Fourth Amended Complaint dated March 6,
2017, # 14 Exhibit N - Consent Judgment, # 15 Exhibit O - Opinion on
Motion to Dismiss dated December 22, 2016, # 16 Exhibit P -
Plaintiffs' Amended Rico Case Statement dated March 6, 2017, # 17
Exhibit Q - Second Amended Complaint dated October 2, 2015, # 18
Exhibit R - Memorandum and Order of the Hon. James C. Francis
dated July 14, 2016 Granting in Part Plaintiffs' Motion to Compel, #
19 Exhibit S - Scheduling Order of the Hon. James C. Francis dated
February 27, 2017, # 20 Exhibit T - RMBS Settlement Agreement, #
21 Exhibit U - Monitor's Periodic Report dated June 18, 2013, # 22
Exhibit V - Qui Tam Letter to Joseph A. Black from Robert D. Wick
dated)(Wick, Robert) (Entered: 04/06/2017)
04/07/2017 159 LETTER MOTION for Leave to File Reply to Defendants
Memorandum of Law in Opposition to Plaintiffs Motion for Leave to
File a Fourth Amended Complaint addressed to Judge Laura Taylor
Swain from Brent Tantillo dated 4/7/2017. Document filed by 1st
& A Capital Partners, Inc..(Tantillo, Brent) (Entered: 04/07/2017)
04/10/2017 160 ORDER: granting 159 Letter Motion for Leave to File Document.
(Plaintiffs respectfully request that Plaintiffs be given until April 20,
2017 to file a reply brief along with any necessary exhibits). The
request is Granted. DE # 159 resolved. SO ORDERED. (Signed by
Judge Laura Taylor Swain on 4/10/2017) (ama) Modified on
4/10/2017 (ama). (Entered: 04/10/2017)
04/11/2017 161 ORDER: A pretrial conference having been held by telephone on
April 11, 2017, it is hereby ORDERED as follows: 1. By April 14,
2017, plaintiffs shall serve and file any motion to remove
confidentiality designations from the transcripts and/or exhibits
associated with the depositions of non-party witnesses Erika Lance
and Bryan Bly. 2. Any party or non-party shall answer the motion by
April 28, 2017. 3. Plaintiffs shall reply by May 5, 2017. ( Motions due
by 4/14/2017., Responses due by 4/28/2017, Replies due by 5/5/2017.)
(Signed by Magistrate Judge James C. Francis on 4/11/2017) Copies
Sent by Chambers. (mro) (Entered: 04/11/2017)
Francis: Telephone Conference held on 4/11/2017. (Bacchus, Michael)
(Entered: 04/12/2017)
04/12/2017 162 MOTION to Seal Document . Document filed by 1st Fidelity Loan
Partners, Inc.. (Attachments: # 1 Text of Proposed Order)(Tantillo,
04/13/2017 163 ORDER TO SEAL granting 162 Motion to Seal Document. It is
ORDERED that the motion is hereby GRANTED, and the following
documents may be sealed for the purpose of filing a Motion
Challenging Confidentiality Designations: Deposition of Bryan Bly
conducted on March 21, 2017, designated as "as "Confidential" and
"Attorneys' Eyes Only"; Deposition of Erika Lance conducted on
March 21, 2017, designated as "as "Confidential" and "Attorneys' Eyes
Only". (Signed by Magistrate Judge James C. Francis on 4/13/2017)
(anc) (Entered: 04/13/2017)
04/14/2017 165 MOTION CHALLENGING THE DESIGNATION OF THE
DEPOSITION TRANSCRIPTS OF THIRD-PARTY WITNESSES
BRIAN BLY AND ERIKA LANCE . Document filed by 1st Fidelity
Capital Partners, Inc..(Tantillo, Brent) (Entered: 04/14/2017)
04/20/2017 166 REPLY to Response to Motion re: 150 MOTION for Leave to File
FOURTH AMENDED AND SUPPLEMENTED COMPLAINT AND
AMENDED RICO CASE STATEMENT UNDER F.R.C.P 15 . .
(Attachments: # 1 Exhibit Deposition of the Monitor, Joseph Smith,
Jr.)(Tantillo, Brent) (Entered: 04/20/2017)
04/26/2017 168 NOTICE OF APPEARANCE by Glen Arthur Silverstein on behalf of
Nationwide Title Clearing, Inc., Bryan Bly, Erika Lance. (Silverstein,
Glen) (Entered: 04/26/2017)
Judge James C. Francis IV from Glen Silverstein dated 4/26/2017.
Document filed by Bryan Bly, Erika Lance, Nationwide Title Clearing,
Inc..(Silverstein, Glen) (Entered: 04/26/2017)
Extension of Time. Any answer to plaintiffs' motion to remove
confidentiality designations shall be submitted by May 5, 2017; any
reply shall be submitted by May 12, 2017. (HEREBY ORDERED by
Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
(Entered: 04/27/2017)
05/05/2017 171 RESPONSE in Opposition to Motion re: 165 MOTION
CHALLENGING THE DESIGNATION OF THE DEPOSITION
TRANSCRIPTS OF THIRD-PARTY WITNESSES BRIAN BLY
AND ERIKA LANCE . . Document filed by Bryan Bly, Erika Lance,
Nationwide Title Clearing, Inc.. (Silverstein, Glen) (Entered:
05/05/2017)
05/05/2017 172 AFFIDAVIT of Bryan Bly in Opposition re: 165 MOTION
AND ERIKA LANCE .. Document filed by Bryan Bly, Erika Lance,
05/05/2017)
05/05/2017 173 AFFIDAVIT of Erika Lance in Opposition re: 165 MOTION
05/05/2017)
05/05/2017 174 AFFIDAVIT of Myron Finley, Esq. in Opposition re: 165 MOTION
05/05/2017)
05/05/2017 175 DECLARATION of Glen Silverstein in Opposition re: 165 MOTION
Nationwide Title Clearing, Inc.. (Attachments: # 1 Exhibit Order
entered November 19, 2010, # 2 Exhibit Order entered February 3,
2012, # 3 Exhibit Order entered August 11, 2015, # 4 Exhibit Order
entered April 15, 2014, # 5 Exhibit Order entered October 6, 2014, # 6
Exhibit Bryan Bly Subpoena, # 7 Exhibit Erika Lance Subpoena, # 8
Exhibit March 15, 2017 email from Barker to Tantillo and Pistilli, # 9
Exhibit March 20, 2017 email from Barker to Fait, Pistilli, Tantillo and
Levitz, # 10 Exhibit March 27, 2017 letter from Tantillo to Baker,
Wick, Maya, Levitz and Fait, # 11 Exhibit Printout from Nationwide's
website)(Silverstein, Glen) (Entered: 05/05/2017)
05/05/2017 176 NOTICE of PLAINTIFFS MOTION FOR SUBSTITUTION OF
COUNSEL. Document filed by 1st Fidelity Loan Servicing, LLC,
(Fait, Mary) (Entered: 05/05/2017)
05/05/2017 177 FILING ERROR - WRONG EVENT TYPE SELECTED FROM
MENU - MOTION to Substitute Attorney. Old Attorney: HELEN
DAVIS CHAITMAN, New Attorney: MARY JANE FAIT . Document
of Proposed Order)(Fait, Mary) Modified on 6/15/2017 (ldi). (Entered:
05/05/2017)
Robert D. Wick dated May 8, 2017 re: Inadvertent Error to
Declaration of Michael Zeeb. Document filed by JPMorgan Chase &
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Attachment
Declaration of Michael J. Zeeb)(Wick, Robert) (Entered: 05/08/2017)
05/10/2017 179 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY
granting 177 Motion to Substitute Attorney. The substitution of
attorney is hereby approved and so ORDERED. (Attorney Helen
Davis Chaitman terminated.) (Signed by Magistrate Judge James C.
Francis on 5/10/2017) (anc) (Entered: 05/10/2017)
Francis: Discovery Hearing re ECF Nos. 146, 152 held on 5/10/2017.
(Bacchus, Michael) (Entered: 05/10/2017)
05/11/2017 180 MOTION for Daniel A. Johnson to Appear Pro Hac Vice . Filing fee $
Bryan Bly, Erika Lance, Nationwide Title Clearing, Inc..
(Attachments: # 1 Affidavit of Daniel A. Johnson in Support of his
Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order
Granting Motion of Daniel A. Johnson for Admission Pro Hac Vice)
(Johnson, Daniel) (Entered: 05/11/2017)
Regarding Document No. 180 MOTION for Daniel A. Johnson to
are no deficiencies. (wb) (Entered: 05/12/2017)
05/12/2017 181 REPLY to Response to Motion re: 165 MOTION CHALLENGING
THE DESIGNATION OF THE DEPOSITION TRANSCRIPTS OF
THIRD-PARTY WITNESSES BRIAN BLY AND ERIKA LANCE . .
(Attachments: # 1 Exhibit Assurance of Voluntary Consent Signed by
Nationwide Title Clearing)(Tantillo, Brent) (Entered: 05/12/2017)
05/15/2017 182 ORDER granting 180 Motion for Daniel A. Johnson to Appear Pro
Hac Vice. (HEREBY ORDERED by Magistrate Judge James C.
Francis)(Text Only Order) (Francis, James) (Entered: 05/15/2017)
05/16/2017 183 MEMORANDUM AND ORDER. For the reasons discussed, the
plaintiffs' Motion Challenging the Designations of the Deposition
Transcripts of Third-Party Witnesses Bryan Bly and Erika Lance
(Docket no. 165) is granted, but the effect of this order is stayed as set
forth above. So ordered. Granting 165 MOTION CHALLENGING
THE DESIGNATION OF THE DEPOSITION TRANSCRIPTS OF
THIRD-PARTY WITNESSES BRIAN BLY AND ERIKA LANCE.
transmitted this date. (rjm) (Entered: 05/16/2017)
146 Motion to Compel; denying as moot 152 Motion for Protective
Order. As detailed above, the plaintiffs' motion to compel (Docket no.
146) is granted in part and denied in part, and defendants' motion for a
protective order (Docket no. 152) is denied as moot. SO ORDERED.
Transmitted this Date By Chambers. (anc) Modified on 5/18/2017
(anc). (Entered: 05/18/2017)
05/18/2017 204 INTERNET CITATION NOTE: Material from decision with Internet
citation re: 184 Order on Motion to Compel, Order on Motion for
Protective Order. (vf) (Entered: 07/05/2017)
05/25/2017 185 TRANSCRIPT of Proceedings re: HEARING held on 5/10/2017
before Magistrate Judge James C. Francis IV. Court
Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may
be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER.
Redaction Request due 6/15/2017. Redacted Transcript Deadline set
for 6/26/2017. Release of Transcript Restriction set for 8/23/2017.
(McGuirk, Kelly) (Entered: 05/25/2017)
05/25/2017 186 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a HEARING proceeding held on
5/10/17 has been filed by the court reporter/transcriber in the above-
captioned matter. The parties have seven (7) calendar days to file with
the court a Notice of Intent to Request Redaction of this transcript. If
no such Notice is filed, the transcript may be made remotely
electronically available to the public without redaction after 90
calendar days...(McGuirk, Kelly) (Entered: 05/25/2017)
06/02/2017 187 JOINT LETTER MOTION for Extension of Time to Complete Pre-
from Robert D. Wick and Brent Tantillo dated June 2, 2017. Document
JPMorgan Chase Bank, N.A.. (Attachments: # 1 Text of Proposed
Extension of Time. Plaintiffs have moved for leave to amend on
March 6, 2017, and have submitted a proposed amended complaint
and a blackline comparison of the proposed Fourth Amended
Complaint to the Third Amended Complaint. Defendants have duly
entered their opposition to Plaintiffs' motion. Defendants shall respond
to the operative complaint within fourteen (14) days after a decision
on Plaintiffs' motion for leave to amend. All non-expert witness
discovery in this matter must be completed by September 13, 2017.
All expert witness discovery must be completed by February 5, 2018.
Dispositive motions, if any, seeking resolution, in whole or in part, of
the issues to be raised at trial must be se1ved and filed on or before
March 8, 2018; and as further set forth herein. The parties are directed
to appear before the undersigned in Courtroom No. 12D, 500 Pearl
Street, New York, NY 10007, for a final pre-trial conference on May
11, 2018, at 10:00 am. IT IS SO ORDERED. (Signed by Magistrate
Judge James C. Francis on 6/5/2017) (anc) (Entered: 06/05/2017)
06/05/2017 Set/Reset Deadlines: Discovery due by 9/13/2017. Expert Discovery
due by 2/5/2018. Motions due by 3/8/2018. Set/Reset Hearings: Final
500 Pearl Street, New York, NY 10007 before Magistrate Judge James
C. Francis. (anc) (Entered: 06/05/2017)
06/15/2017 189 MOTION for Temporary Restraining Order /Preliminary Injunction.
06/15/2017 190 MEMORANDUM OF LAW in Support re: 189 MOTION for
Temporary Restraining Order /Preliminary Injunction. . Document
Servicing, LLC, S & A Capital Partners, Inc.. (Tantillo, Brent)
(Entered: 06/15/2017)
06/15/2017 191 DECLARATION of LAURENCE SCHNEIDER in Support re: 189
MOTION for Temporary Restraining Order /Preliminary Injunction..
Resolution Servicing, LLC, Nationwide Title Clearing, Inc..
(Attachments: # 1 Exhibit Exhibit 1 -- MLPA Between MRS and
Chase, # 2 Exhibit Exhibit 2 -- Lien Releases, # 3 Exhibit Exhibit 3 --
Vacations, # 4 Exhibit Exhibit 4 -- Joseph Davis Case Study, # 5
Exhibit Exhibit 5 -- Mary Schmidt Case Study, # 6 Exhibit Exhibit 6 --
Willie Holmes Case Study, # 7 Exhibit Exhibit 7 -- Letter from Robert
Wick to Hon. James Francis IV, May 8, 2017, # 8 Exhibit Exhibit 8 --
Email from Launi Solomon, December 18, 2017, # 9 Exhibit Exhibit 9
-- Email from Launi Solomon, December 29, 2009, # 10 Exhibit
Exhibit 10 -- Email from Launi Solomon, August 28, 2012, # 11
Exhibit Exhibit 11 -- Email from Omar Kassem, September 5, 2012, #
12 Exhibit Exhibit 12 -- Screen Prints, # 13 Exhibit Exhibit 13 --
Letter from Gary Eisenberg to Stephen Cutler, March 5, 2014, # 14
Exhibit Exhibit 14 -- Letter from Gary Eisenberg to Robert Bailey,
June 27, 2014)(Tantillo, Brent) (Entered: 06/15/2017)
06/15/2017 192 DECLARATION of DOUGLAS E. LORD in Support re: 189
(Attachments: # 1 Exhibit Exhibit A -- Curriculum Vitae of Douglas E.
Lord)(Tantillo, Brent) (Entered: 06/15/2017)
06/16/2017 193 ORDER: The Court will hold a hearing on Plaintiffs' Motion for a
Temporary Restraining Order (docket entry no. 189) on June 19, 2017,
at 2:00 p.m. SO ORDERED., ( Oral Argument set for 6/19/2017 at
02:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura
Taylor Swain on 6/16/2017) (ama) (Entered: 06/16/2017)
06/16/2017 194 LETTER MOTION to Adjourn Conference Re TRO Hearing
Scheduled for June 19, 2017 addressed to Judge Laura Taylor Swain
from Robert D. Wick dated June 16, 2017. Document filed by Chase
06/16/2017 195 MEMORANDUM ORDER DENYING MOTION FOR
TEMPORARY RESTRAINING ORDER: granting 194 Letter Motion
to Adjourn Conference. Accordingly, the Court concludes that
Plaintiffs have not made the necessary showing that they will suffer
irreparable harm in the absence of immediate injunctive relief, and
Plaintiffs' motion for a temporary restraining order is denied. The
parties shall brief Plaintiffs' motion for a preliminary injunction in
accordance with the requirements of the Federal Rules of Civil
Procedure and the Local Civil Rules of this Court. The hearing
scheduled for June 19, 2017, is cancelled, and the parties will be
notified by separate order if evidentiary proceedings and/or oral
argument on the motion for a preliminary injunction will be required.
(Signed by Judge Laura Taylor Swain on 6/16/2017) (ap) (Entered:
06/16/2017)
06/19/2017 196 LETTER REPLY to Response to Motion addressed to Judge Laura
Taylor Swain from Brent S. Tantillo dated June 19, 2017 re: 194
LETTER MOTION to Adjourn Conference Re TRO Hearing
from Robert D. Wick dated June 16, 2017. . Document filed by 1st
& A Capital Partners, Inc.. (Attachments: # 1 Exhibit Amended
Notices of Deposition, # 2 Exhibit Email from Christian Pistilli, May
24, 2017)(Tantillo, Brent) (Entered: 06/19/2017)
06/19/2017 197 LETTER REPLY to Response to Motion addressed to Judge Laura
Taylor Swain from Brent S. Tantillo dated June 19, 2017 re: 194
LETTER MOTION to Adjourn Conference Re TRO Hearing
from Robert D. Wick dated June 16, 2017. . Document filed by 1st
& A Capital Partners, Inc.. (Attachments: # 1 Exhibit Corrected
Exhibit 1)(Tantillo, Brent) (Entered: 06/19/2017)
06/19/2017 198 MEMO ENDORSEMENT on re: 194 LETTER MOTION to Adjourn
Conference Re TRO Hearing Scheduled for June 19, 2017 addressed
to Judge Laura Taylor Swain from Robert D. Wick dated June 16,
2017 filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.,
Chase Home Finance, LLC. ENDORSEMENT: The TRO hearing was
cancelled (see DE #195). The parties are directed to take any
discovery issues up with Judge Francis, to whom this case has been
referred for general pre-trial management. (Signed by Judge Laura
Taylor Swain on 6/19/2017) (mro) (Entered: 06/19/2017)
06/23/2017 ***DELETED DOCUMENT. Deleted document number 199
ORDER. The document was incorrectly filed in this case. (anc)
(Entered: 06/23/2017)
Temporary Restraining Order /Preliminary Injunction. . Document
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A -
2015.08.24 Third Amended Complaint, # 2 Exhibit B - 2008.11.19
Email from Guerrero to Fox, # 3 Exhibit C - 2009.11.13 Email from
Schneider to Davis, # 4 Exhibit D - 2012.04.04 NMS Consent
Judgment, # 5 Exhibit E - 2012.12.05 Letter from Kassem to
Schneider, # 6 Exhibit F - 2012.12.05 Letter from Kassem to
Schneider, # 7 Exhibit G - 2013.01.24 Email from Kassem to
Schneider, # 8 Exhibit H - 2017.02.13 Memorandum and Order, # 9
Exhibit I - 2015.02.10 Second Amended Complaint, # 10 Exhibit J -
2016.12.22 Opinion, # 11 Exhibit K - 2017.06.14 Brief for the U.S. as
Amicus Curiae, # 12 Exhibit L - 2017.02.27 Motion to Compel, # 13
Exhibit M - 2017.05.19 Memorandum and Order, # 14 Exhibit N -
2017.06.22 Letter from C. Pistilli to B. Tantillo, # 15 Exhibit O -
2011.12.01 Satisfaction of Mortgage, # 16 Exhibit P - 2017.03.13
Satisfaction of Mortgage, # 17 Exhibit Q - 2016.08.12 Chaitman
Declaration and Exhibit, # 18 Exhibit R - 2017.06.19 Letter from R.
Wick to Judge Swain, # 19 Exhibit S - 2017.03.06 Proposed Fourth
Amended Complaint, # 20 Exhibit T - 2017.02.06 Letter from B.
Tantillo to C. Pistilli)(Wick, Robert) (Entered: 06/29/2017)
06/29/2017 201 DECLARATION of Launi Solomon in Opposition re: 189 MOTION
for Temporary Restraining Order /Preliminary Injunction.. Document
JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit 1 - Solomon
Deposition Excerpts, # 2 Exhibit 2 - 2009.03.26 Email from Solomon
to Miller, # 3 Exhibit 3 - 2010.01.26 Email from Solomon to
Schneider, # 4 Exhibit 4 - Solomon Deposition Excerpts)(Wick,
06/29/2017 202 DECLARATION of Michael J. Zeeb in Opposition re: 189 MOTION
for Temporary Restraining Order /Preliminary Injunction.. Document
06/30/2017 203 JOINT LETTER addressed to Magistrate Judge James C. Francis IV
from Robert D. Wick and Brent Tantillo dated June 30, 2017
N.A.. (Attachments: # 1 Pl. Exhibit 1 - Jones Trancript, # 2 Pl. Exhibit
2 - 2017-06-15 Letter from B. Tantlillo to C. Pistelli (002), # 3 Def.
Exhibit A - 2017-06-22 Letter from C. Pistilli to B. Tantillo, # 4 Def.
Exhibit B - 2017-06-28 Email from C. Pistilli to B. Tantillo cc R. Wick
P. Levitz, # 5 Def. Exhibit C - 2017-06-27 Email from B. Tantillo to C.
Pistilli, # 6 Def. Exhibit D - Excerpts from Solomon Transcript)(Wick,
[1 in 17-mc-0166] Motion to Compel; granting in part and denying in
part [1 in 17-mc-0166] Motion for miscellaneous relief, specifically to
Transfer Motion to the Issuing Court by 1st Fidelity Loan Servicing,
LLC, Mortgage Resolution Services, LLC, S & A Capital Partners,
Inc. The plaintiffs have filed a motion to compel compliance with their
subpoena to depose a third-party witness, Erika Lance, who refused to
answer certain questions on the basis that they called for the disclosure
of trade secrets. The plaintiffs seeks sanctions, apparently under Rule
37(a)(5) of the Federal Rules of Civil Procedure, for Ms. Lance's
"obstruct[ion]" of her original deposition. I will not impose sanctions
here. (As further set forth in this Order.) For the foregoing reasons, the
plaintiffs' Motion to Compel Compliance with Subpoena of Third-
Party Witness Erika Lance and for Sanctions (Docket no. 1 in 17 MC
166) is granted in part and denied in part as discussed above. (Signed
by Magistrate Judge James C. Francis on 7/6/2017) Copies Sent By
Chambers. (cf) Modified on 7/6/2017 (cf). (Entered: 07/06/2017)
07/06/2017 206 REPLY to Response to Motion re: 189 MOTION for Temporary
Restraining Order /Preliminary Injunction. . Document filed by 1st
& A Capital Partners, Inc.. (Tantillo, Brent) (Entered: 07/06/2017)
07/06/2017 207 DECLARATION of Brent S. Tantillo in Support re: 189 MOTION for
Temporary Restraining Order /Preliminary Injunction.. Document
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1
Exhibit Amicus Brief of The United States, # 2 Exhibit Declaration
Excerpt of Launi Solomon, # 3 Exhibit Email from Cecelia C. Barbieri
to Patrick Boyle, # 4 Exhibit Email Correspondence Between Brent
Tantillo and Robert Wick and Christian Pistilli)(Tantillo, Brent)
(Entered: 07/06/2017)
07/06/2017 208 DECLARATION of LAURENCE SCHNEIDER in Support re: 189
(Attachments: # 1 Exhibit Letter from Mary Schmidt to Caroline
Iacino)(Tantillo, Brent) (Entered: 07/06/2017)
07/12/2017 209 ORDER: Within seven days of the date of this Order, the parties shall
meet and confer regarding production of data from the Federated
Search system and about a date on which the defendants will produce
data from the iVault system. The plaintiffs' requests are otherwise
denied. (Signed by Magistrate Judge James C. Francis on 7/12/2017)
Copies Sent by Chambers. (mro) (Entered: 07/12/2017)
07/20/2017 210 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 165
MOTION CHALLENGING THE DESIGNATION OF THE
BRIAN BLY AND ERIKA LANCE . . Document filed by Bryan Bly,
Erika Lance, Nationwide Title Clearing, Inc.. (Silverstein, Glen)
(Entered: 07/20/2017)
07/20/2017 211 DECLARATION of Daniel A. Johnson in Opposition re: 165
BRIAN BLY AND ERIKA LANCE .. Document filed by Bryan Bly,
Erika Lance, Nationwide Title Clearing, Inc.. (Attachments: # 1
Exhibit 1-Page from website 4closurefraud.com dated 7/18/2011, # 2
Exhibit 2-Copy of screenshot of results for Google search of "Brian
Bly", # 3 Exhibit 3-Copy of page from website Google.com "How
Google Search Works", # 4 Exhibit 4-Highlighted and notated page
from website 4closurefraud.com dated 7/18/2011, # 5 Exhibit 5-Copy
of page from website stopforeclosurefraud.com dated November 2010,
# 6 Exhibit 6-Highlighted and notated copy of page from website
stopforeclosurefraud.com dated November 2010, # 7 Exhibit 7-
Affidavit of Non-Party Witness Bryan Bly filed 5/5/2017, # 8 Exhibit
8-Affidavit of Non-Party Witness Erika Lance filed 5/5/2017, # 9
Exhibit 9-Affidavit of Non-Party Witness Myron Finley filed
5/5/2017, # 10 Exhibit 10-Tantillo Law Press Release dated 7/6/2017,
# 11 Exhibit 11-Brent Tantillo Tweets dated 7/7/2017 1:23 PM,
6/22/2017 12:56 PM, 6/22/2017 11:27 AM, # 12 Exhibit 12-Copy of a
post by Neil Garfield from the Livinglies Weblog dated 6/22/2017, #
13 Exhibit 13-Copy of a post by Neil Garfield from the Livinglies
Weblog dated 6/26/2017, # 14 Exhibit 14-Copy of Page from Oxford
English Dictionary, # 15 Exhibit 15-Screenshot of Brent Tantillo's
Tweets dated 6/26/2017 11:27 AM; 7/7/2017 1:23 PM, # 16 Exhibit
16-Copy of a post by Neil Garfield from the Livinglies Weblog dated
7/7/2017, # 17 Exhibit 17-Article by B. Colby Hamilton dated
5/16/2017, # 18 Exhibit 18-Copy of post from
stopforclosurefraud.com dated 4/17/2017, # 19 Exhibit 19-Letter to
Tantillo from Shipp dated 11/24/2014)(Silverstein, Glen) (Entered:
07/20/2017)
07/20/2017 212 DECLARATION of Daniel A. Johnson in Opposition re: 165
BRIAN BLY AND ERIKA LANCE .. Document filed by Bryan Bly,
Erika Lance, Nationwide Title Clearing, Inc.. (Attachments: # 1
Exhibit 4 (CORRECTED)-Highlighted and annotated copy of a
webpage from the website 4closurefraud.com dated 7/18/2011, # 2
Exhibit 6 (CORRECTED)-Highlighted and annotated copy of a
webpage from the website stopforclosurefraud.com dated November
2010)(Silverstein, Glen) (Entered: 07/20/2017)
Glen Silverstein dated July 21, 2017 re: Non-Parties' Supplemental
Memorandum of Law in Opposition to Plaintiffs' Motion Challenging
Confidentiality Designations (Dkt. 210). Document filed by Bryan
Bly, Erika Lance, Nationwide Title Clearing, Inc..(Silverstein, Glen)
(Entered: 07/21/2017)
07/27/2017 214 REPLY MEMORANDUM OF LAW in Opposition re: 210
Memorandum of Law in Opposition to Motion, 212 Declaration in
Opposition to Motion,, 211 Declaration in Opposition to Motion,,,,,,,
213 Letter, . Document filed by 1st Fidelity Loan Servicing, LLC,
(Tantillo, Brent) (Entered: 07/27/2017)
08/10/2017 215 MEMORANDUM AND ORDER: For the reasons discussed, I adhere
to my earlier decision granting the plaintiffs' motion challenging the
confidentiality designations of the transcripts of the depositions of
Bryan Bly and Erika Lance. In light of the representation of
Nationwide Title and the Deponents, I stay enforcement of this Order
to allow them to appeal this decision pursuant to Rule 72(a). If no such
appeal is forthcoming, this Order shall become effective fifteen days
from today's date. SO ORDERED. (Signed by Magistrate Judge James
C. Francis on 8/10/2017) Copies Transmitted this Date By Chambers.
(anc) (Entered: 08/10/2017)
08/16/2017 216 MOTION to Compel Plaintiffs to Produce Loan Servicing Data.
08/16/2017)
Plaintiffs to Produce Loan Servicing Data. . Document filed by Chase
to Compel Plaintiffs to Produce Loan Servicing Data.. Document filed
Chase Bank, N.A.. (Attachments: # 1 Exhibit A - Third Amended
Complaint, # 2 Exhibit B - Proposed Fourth Amended Complaint, # 3
Exhibit C - JPMC-MRS-00005210-12, # 4 Exhibit D - 02-06-2017
Letter from B. Tantillo to C. Pistilli, # 5 Exhibit E - Defendants' First
Request for Production of Documents, # 6 Exhibit F - Plaintiffs'
Responses to Defendants' First Document Request, # 7 Exhibit G - 04-
25-2017 Letter from C. Pistilli to B. Tantillo, # 8 Exhibit H - 06-02-
2017 Letter from C. Pistilli to B. Tantillo, # 9 Exhibit I - 06-07-2017
Letter from B. Tantillo to C. Pistilli, # 10 Exhibit J - 06-15-2017 Letter
from C. Pistilli to B. Tantillo, # 11 Exhibit K - 06-19-2017 Email from
B. Tantillo to P. Levitz, # 12 Exhibit L - 07-19-2017 Letter from C.
Pistilli to B. Tantillo, # 13 Exhibit M - 07-21-2017 Letter from B.
Tantillo to C. Pistilli, # 14 Exhibit N - 07-26-2017 Letter from C.
Pistilli to B. Tantillo)(Wick, Robert) (Entered: 08/16/2017)
08/16/2017 219 NOTICE of Newly Discovered Evidence In Support of Preliminary
Injunction re: 190 Memorandum of Law in Support of Motion,.
(Attachments: # 1 Exhibit May 16, 2017 Letter of Collection, # 2
Exhibit September 23, 2016 Letter of Collection, # 3 Exhibit July 14,
2015 Letter of Collection, # 4 Exhibit January 21, 2015 Letter of
Collection)(Tantillo, Brent) (Entered: 08/16/2017)
08/21/2017 220 MOTION for Extension of Time to File Response/Reply as to 217
Memorandum of Law in Support of Motion, 216 MOTION to Compel
Plaintiffs to Produce Loan Servicing Data., 218 Declaration in Support
of Motion,,,, . Document filed by 1st Fidelity Loan Servicing, LLC,
(Attachments: # 1 Text of Proposed Order)(Tantillo, Brent) (Entered:
08/21/2017)
08/22/2017 221 ORDER TO EXTEND BRIEFING SCHEDULE ON DEFENDANTS'
MOTION TO COMPEL PRODUCTION OF LOAN SERVICING
DATA. Plaintiffs' response to the motion is due August 30, 2017 and
Defendants' reply is due September 8, 2017. So ordered. Granting 220
MOTION for extension of Time to File Response/Reply as to 217
Memorandum of Law in Support of Motion, 216 MOTION to Compel
Plaintiffs to Produce Loan Servicing Data. 218 Declaration in Support
of Motion. Document filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.
(Responses due by 8/30/2017. Replies due by 9/8/2017). (Signed by
Magistrate Judge James C. Francis on 8/22/2017). Copies Transmitted
this date: Brent S. Tantillo, Esq., Tantillo Law PLLC, 100 Church
Street, 8th Floor, New York, N.Y. 10007. Robert D. Wick, Esq.,
Michael M. Maya, Esq., Christian J. Pistilli, Esq., Covington &
Burling LLP, One City Center, 850 10th Street, NW, Washington D.C.
20001, Michael C. Nicholson, Esq., Covington & Burling LLP, 620
Eighth Avenue, New York, N.Y. 10018-1405. (rjm) (Entered:
08/22/2017)
08/23/2017 222 NOTICE of Substitution of Attorney. Old Attorney: Daniel Anthony
Johnson and Glen Arthur Silverstein, New Attorney: Anant Kumar,
Address: Zuckerman Spaeder LLP, 485 Madison Avenue, 10th Floor,
New York, New York, USA 10022, 212-704-9600. Document filed by
Bryan Bly, Erika Lance, Nationwide Title Clearing, Inc.. (Kumar,
Anant) (Entered: 08/23/2017)
08/24/2017 223 Objection re: 215 Order,, Non-Parties' Objection to the August 10,
2017 Memorandum Order Issued by Magistrate Judge James C.
Francis IV. Document filed by Bryan Bly, Erika Lance, Nationwide
Title Clearing, Inc.. (Kumar, Anant) (Entered: 08/24/2017)
08/24/2017 224 NOTICE OF APPEARANCE by Anant Kumar on behalf of Bryan
Bly, Erika Lance, Nationwide Title Clearing, Inc.. (Kumar, Anant)
(Entered: 08/24/2017)
08/30/2017 225 JOINT LETTER addressed to Magistrate Judge James C. Francis IV
from Robert D. Wick and Brent Tantillo dated August 30, 2017 re:
Defendants' Pending Motion to Compel Production of Loan Servicing
Data. Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A..(Wick, Robert) (Entered:
08/30/2017)
08/31/2017 226 ORDER denying without prejudice 216 Letter Motion to Compel. By
letter dated August 30, 2017 (Docket no. 225), counsel indicate that
this dispute may be resolved by the production of additional
information. If it is not, defendants may renew their motion on the
basis of the previously filed papers, and the parties may propose a
schedule to complete the briefing. (HEREBY ORDERED by
Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
(Entered: 08/31/2017)
09/08/2017 227 REPLY re: 223 Objection (non-motion) . Document filed by 1st
09/12/2017 228 MEMORANDUM OPINION AND ORDER: re: 189 MOTION for
Temporary Restraining Order Preliminary Injunction filed by 1st
& A Capital Partners, Inc. For the foregoing reasons, Plaintiffs' motion
for a preliminary injunction is denied in its entirety. This
Memorandum Opinion and Order resolves docket entry no. 189. This
case remains referred to Magistrate Judge Francis for general pre-trial
management. SO ORDERED (Signed by Judge Laura Taylor Swain
on 9/12/2017) (ama) (Entered: 09/12/2017)
09/12/2017 229 MOTION for Roberto Luigi Di Marco to Appear Pro Hac Vice . Filing
fee $ 200.00, receipt number 0208-14118292. Motion and supporting
& A Capital Partners, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
Text of Proposed Order)(Di Marco, Roberto) (Entered: 09/12/2017)
09/12/2017 230 MOTION for Jennifer Martin Foster to Appear Pro Hac Vice . Filing
fee $ 200.00, receipt number 0208-14118362. Motion and supporting
& A Capital Partners, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2,
# 3 Text of Proposed Order)(Foster, Jennifer) (Entered: 09/12/2017)
from Robert D. Wick and Brent Tantillo dated September 12, 2017.
Regarding Document No. 230 MOTION for Jennifer Martin
Foster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt
number 0208-14118362. Motion and supporting papers to be
reviewed by Clerk's Office staff., 229 MOTION for Roberto Luigi
Di Marco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt
reviewed by Clerk's Office staff.. The document has been reviewed
and there are no deficiencies. (wb) (Entered: 09/13/2017)
09/13/2017 232 ORDER granting 229 Motion for Roberto Luigi Di Marco to Appear
Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge James C.
09/13/2017 233 ORDER granting 230 Motion for Jennifer Martin Foster to Appear Pro
Hac Vice. (HEREBY ORDERED by Magistrate Judge James C.
Extension of Time. Plaintiffs have moved for leave to amend on
March 6, 2017, and have submitted a proposed amended complaint
and a blackline comparison of the proposed Fourth Amended
Complaint to the Third Amended Complaint. All non-expert witness
discovery in this matter must be completed by September 13, 2017,
except that non-expert witness discovery may extend through
December 12, 2017 solely for the following two limited purposes: (1)
the parties may complete any depositions requested before September
13, 2017 (up to a maximum of ten per side) and must respond to any
outstanding requests for written or documentary discovery served at
least 30 days before September 10, 2017; and (2) plaintiffs may serve
new written or documentary discovery requests that result from their
review of iVault loan files produced after August 1, 2017, and could
not have been served earlier with reasonable diligence. All expert
witness discovery must be completed by May 4, 2018. Dispositive
motions, if any, seeking resolution, in whole or in part, of the issues to
be raised at trial must be served and filed on or before June 8, 2018.
Other motions, including but not limited to motions in limine relating
to evidentiary issues, must be filed and served no later than thirty (30)
days before the date set forth in paragraph 9 below, unless otherwise
allowed by the Court for good cause shown. Counsel for all parties
shall confer and shall prepare, execute and file with the Court, with
one courtesy copy provided to chambers of the undersigned, no later
than seven (7) day before the date set forth in paragraph 9 below, a
single document captioned JOINT PRETRIAL STATEMENT. The
parties are directed to appear before the undersigned in Courtroom No.
12D, 500 Pearl Street, New York, 10007, for a final pre-trial
conference on August 10, 2018, at 10 am. IT IS SO ORDERED.
(Signed by Magistrate Judge James C. Francis on 9/14/2017) (anc)
Modified on 9/18/2017 (anc). (Entered: 09/15/2017)
09/15/2017 Set/Reset Deadlines: Discovery due by 12/12/2017. Expert Discovery
due by 5/4/2018. Motions due by 6/8/2018. Set/Reset Hearings: Final
500 Pearl Street, New York, NY 10007 before Magistrate Judge James
C. Francis. (anc) (Entered: 09/15/2017)
09/26/2017 235 MEMORANDUM ORDER: Judge Francis did not, however, address
the Non-Parties' further contention that removal of the confidentiality
designations would violate Mr. Bly's and Ms. Lance's rights to privacy
under the Florida Constitution. This argument was first raised by the
Non-Parties in their supplemental briefing in response to the May 16
Order, but the subsequent August 10 Order is silent on the issue. The
Court therefore remands this matter for further consideration so that
Judge Francis may address what, if any, impact Article I, Section 23 of
the Florida Constitution has on disclosure of the subject testimony in
connection with this federal court proceeding. The August 10 Order
will remain stayed pending resolution of the Florida Constitutional
issue on remand and any timely appeal of that decision. And as set
forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on
9/26/2017) (ama) (Entered: 09/26/2017)
09/28/2017 236 ORDER: It is hereby ORDERED that oral argument on this issue will
be held on October 5, 2017, at 10:30 a.m. in courtroom 18-D at 500
Pearl Street, New York, New York. SO ORDERED. (Oral Argument
set for 10/5/2017 at 10:30 AM in Courtroom 18D, 500 Pearl Street,
New York, NY 10007 before Magistrate Judge James C. Francis.)
Sent By Chambers. (anc) Modified on 9/29/2017 (anc). (Entered:
09/28/2017)
10/02/2017 237 LETTER MOTION to Continue Oral Argument scheduled for October
5, 2017, Docket No. 236, addressed to Magistrate Judge James C.
Francis IV from Roberto L. Di Marco dated October 2, 2017.
Resolution Servicing, LLC, S & A Capital Partners, Inc..(Di Marco,
Roberto) (Entered: 10/02/2017)
10/03/2017 238 ORDER granting in part and denying in part 237 Letter Motion to
Continue. Oral argument currently scheduled for October 5, 2017, is
rescheduled to October 19, 2017, at 2:00 p.m. If necessary, counsel
shall order an expedited copy of the deposition transcript in order to
comply with this schedule. (HEREBY ORDERED by Magistrate
Judge James C. Francis)(Text Only Order) (Francis, James) (Entered:
10/03/2017)
10/09/2017 239 MOTION to Compel Plaintiffs to Produce Loan Servicing Data and
Tax Returns . Document filed by Chase Home Finance, LLC.,
(Entered: 10/09/2017)
Plaintiffs to Produce Loan Servicing Data and Tax Returns . .
10/09/2017)
to Compel Plaintiffs to Produce Loan Servicing Data and Tax Returns
.. Document filed by Chase Home Finance, LLC., JPMorgan Chase &
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A - Third
Amended Complaint, # 2 Exhibit B - Proposed Fourth Amended
Complaint, # 3 Exhibit C - JPMC-MRS-00005210-11, # 4 Exhibit D -
2017-02-06 Letter from B. Tantillo to C. Pistilli, # 5 Exhibit E -
Defendants' First Request for Production of Documents, # 6 Exhibit F
- Plaintiffs' Responses to Defendants' First Request for Production, # 7
Exhibit G - 2017-04-25 Letter from C. Pistilli to B. Tantillo, # 8
Exhibit H - 2017-06-02 Letter from C. Pistilli to B. Tantillo, # 9
Exhibit I - 2017-06-07 Letter from B. Tantillo to C. Pistilli, # 10
Exhibit J - 2017-06-15 Letter from C. Pistilli to B. Tantillo, # 11
Exhibit K - 2017-06-19 Email from B. Tantillo to C. Pistilli, # 12
Exhibit L - 2017-07-19 Letter from C. Pistilli to B. Tantillo, # 13
Exhibit M - 2017-07-21 Letter from B. Tantillo to C. Pistilli, # 14
Exhibit N - 2017-07-26 Letter from C. Pistilli to B. Tantillo, # 15
Exhibit O - 2017-08-24 Letter from B. Tantillo to C. Pistilli, # 16
Exhibit P - 2017-08-25 Email from C. Pistilli to B. Tantillo, # 17
Exhibit Q - 2017-08-29 Email from B. Tantillo to C. Pistilli, # 18
Exhibit R - 2017-08-30 Joint Letter re Motion to Compel, # 19 Exhibit
S - 2017-08-31 Order re Motion to Compel, # 20 Exhibit T - 2017-09-
20 Email from P. Levitz to B. Tantillo, # 21 Exhibit U - 2017-09-26
Email from C. Pistilli to B. Tantillo, # 22 Exhibit V - 2017-08-29
Letter from C. Pistilli to B. Tantillo, # 23 Exhibit W - 2017-09-05
Letter from B. Tantillo to C. Pistilli, # 24 Exhibit X - 2017-09-08
Letter from C. Pistilli to B. Tantillo, # 25 Exhibit Y - Excerpts from
Axel Deposition Transcript, # 26 Exhibit Z - Excerpts from Schneider
Deposition Transcript, # 27 Exhibit AA - 2017-02-28 Letter from B.
Tantillo to C. Pistilli)(Wick, Robert) (Entered: 10/09/2017)
10/10/2017 242 NOTICE of Withdrawl of Mary Jane Fait. Document filed by 1st
10/16/2017 243 RESPONSE in Opposition to Motion re: 239 MOTION to Compel
Plaintiffs to Produce Loan Servicing Data and Tax Returns . .
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Tantillo,
10/16/2017 244 DECLARATION of Brad Axel in Opposition re: 239 MOTION to
Compel Plaintiffs to Produce Loan Servicing Data and Tax Returns ..
(Attachments: # 1 Exhibit Exhibit 1: Emails from Sergio Corea,
Forensis Technologies, Inc., # 2 Exhibit Exhibit 2; Email to Tammy
Parks, BSI Financial Services, from Brad Axel, # 3 Exhibit Exhibit 3;
Email from Tammy Parks, BSI Financial Services, to Brad Axel, # 4
Exhibit Exhibit 4; Email to Tammy Parks, BSI Financial Services, and
Douglas Lord from Brad Axel, # 5 Exhibit Exhibit 5; Emails to
Tammy Parks, BSI Financial Services, and Larry Schneider from Brad
Axel, # 6 Exhibit Emails to Tammy Parks, BSI Finaancial Services,
and Larry Schneider from Brad Axel, # 7 Exhibit Email from Tammy
Parks, BSI Financial Services to Brad Axel)(Tantillo, Brent) (Entered:
10/16/2017)
10/16/2017 245 DECLARATION of Brent Tantillo in Opposition re: 239 MOTION to
Compel Plaintiffs to Produce Loan Servicing Data and Tax Returns ..
(Attachments: # 1 Exhibit Exhibit 1; Letter from Roberto di Marco
and Brent Tantillo to Christian Pistilli, October 10, 2017)(Tantillo,
10/16/2017 246 DECLARATION of Douglas E. Lord in Opposition re: 239 MOTION
to Compel Plaintiffs to Produce Loan Servicing Data and Tax Returns
.. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
to 239 MOTION to Compel Plaintiffs to Produce Loan Servicing Data
and Tax Returns . addressed to Magistrate Judge James C. Francis IV
from Robert D. Wick dated October 17, 2017. Document filed by
10/18/2017 248 ORDER granting 247 Letter Motion for Extension of Time to File
Response/Reply. Defendants' time to reply is extended to October 20,
2017. (HEREBY ORDERED by Magistrate Judge James C. Francis)
10/18/2017 249 LETTER MOTION to Continue Oral Argument scheduled for October
19, 2017, Docket No. 238 addressed to Magistrate Judge James C.
Francis IV from Roberto L. Di Marco dated October 18, 2017.
10/18/2017 250 ORDER granting 249 Letter Motion to Continue. Oral argument is
cancelled, and plaintiffs' motion to remove confidentiality designations
is withdrawn subject to the protocol set forth in counsel's letter.
(HEREBY ORDERED by Magistrate Judge James C. Francis)(Text
Only Order) (Francis, James) (Entered: 10/18/2017)
Compel Plaintiffs to Produce Loan Servicing Data and Tax Returns . .
10/20/2017)
11/03/2017 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE
JUDGE. The above entitled action has been redesignated to Magistrate
Judge Robert W. Lehrburger. Please note that this is a reassignment of
the designation only. (bcu) (Entered: 11/03/2017)
11/03/2017 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER
MAGISTRATE JUDGE. The referral in the above entitled action has
been reassigned to Magistrate Judge Robert W. Lehrburger, for
General Pretrial (includes scheduling, discovery, non-dispositive
pretrial motions, and settlement). Magistrate Judge James C. Francis
no longer referred to the case. Motions referred to Magistrate Judge
Robert W. Lehrburger. (bcu) Modified on 11/7/2017 (gp). (Entered:
11/03/2017)
11/07/2017 NOTICE of Hearing: Telephone Conference set for 11/9/2017 at 2:00
PM before Magistrate Judge Robert W. Lehrburger. Counsel shall
jointly call the chambers conference line at (212)805-0113.(rsh)
(Entered: 11/07/2017)
11/08/2017 252 LETTER MOTION to Adjourn Conference Currently Scheduled for
November 9, 2017 addressed to Magistrate Judge Robert W.
Lehrburger from Christian J. Pistilli dated November 8, 2017.
Co., JPMorgan Chase Bank, N.A..(Pistilli, Christian) (Entered:
11/08/2017)
11/08/2017 253 ORDER granting 252 Letter Motion to Adjourn Conference.
Telephone Conference set for 11/14/2017 at 2:00 PM before
Magistrate Judge Robert W. Lehrburger. Counsel shall jointly call the
chambers conference line at (212) 805-0113. (HEREBY ORDERED
by Magistrate Judge Robert W. Lehrburger)(Text Only Order)
(Lehrburger, Robert) (Entered: 11/08/2017)
11/14/2017 254 ORDER granting 239 Motion to Compel: Pursuant to the telephone
conference held today, it is hereby ORDERED that: By November 20,
2017, Plaintiffs shall produce to Defendants an amalgamated
spreadsheet in native Excel containing the loan servicing data for all
loans at issue. In addition, by November 30, 2017, Plaintiffs shall
produce all tax returns from 2008 to the present to the extent not
already produced; for any years from 2008 to present for which there
are no filed tax returns, Plaintiffs shall produce to Defendants any
extension requests, estimated tax payments, and W-2s; and Plaintiffs'
counsel shall provide a certification to Defendants' counsel that
Plaintiffs have conducted a reasonable search for all tax materials
ordered to be produced and that all such materials that have been
located have been produced. (HEREBY ORDERED by Magistrate
Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
(Entered: 11/14/2017)
11/14/2017 Minute entry for proceedings held before Magistrate Judge Robert W.
Lehrburger: Telephone Conference held on 11/14/2017 at 2:00 p.m.
(rsh) (Entered: 11/14/2017)
11/30/2017 255 NOTICE of Certification re: 254 Order on Motion to Compel,,,.
MENU - LETTER MOTION for Local Rule 37.2 Conference
addressed to Magistrate Judge Robert W. Lehrburger from Robert D.
Wick dated December 7, 2017. Document filed by Chase Home
(Attachments: # 1 Exhibit A - Third Amended Complaint, # 2 Exhibit
B - JPMC-MRS-00005210-12, # 3 Exhibit C - 2017.08.14 Defendant's
3rd Set of Interrogatories to S&A and 1st Fidelity, # 4 Exhibit D -
2017.08.14 Defendant's 3rd Set of Interrogatories to MRS, # 5 Exhibit
E - 2017.08.14 Defendant's 3rd Set of Requests for Production to
Plaintiffs, # 6 Exhibit F - 2017.09.20 Plaintiffs' Responses and
Objections to Defendant's Third Set of Requests for Production, # 7
Exhibit G - 2017.09.20 MRS Responses to Defendant's Third Set of
Interrogatories, # 8 Exhibit H - 2017.09.20 S&A and 1st Fidelity
Objections and Responses to Defendant's Third Set of Interrogatories,
# 9 Exhibit I - 2017.10.19 Letter from C. Pistilli to B. Tantillo, # 10
Exhibit J - 2017.11.06 Letter from C. Pistilli to B. Tantillo, # 11
Exhibit K - 2017.11.28 Email from P. Levitz to B. Tantillo, # 12
Exhibit L - 2017.11.30 Letter from B. Tantillo to C. Pistilli)(Wick,
Robert) Modified on 12/13/2017 (db). (Entered: 12/07/2017)
12/08/2017 257 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for
Andrew Soukup to Appear Pro Hac Vice . Filing fee $ 200.00, receipt
reviewed by Clerk's Office staff. Document filed by Chase Home
(Attachments: # 1 Exhibit 1 - Certificate of Good Standing - Illinois, #
2 Exhibit 2 - Certificate of Good Standing - DC, # 3 Exhibit 3 -
Affidavit of Andrew Soukup in Support, # 4 Text of Proposed Order)
(Soukup, Andrew) Modified on 12/8/2017 (ma). (Entered:
12/08/2017)
12/08/2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR
PRO HAC VICE. Notice to RE-FILE Document No. 257
MOTION for Andrew Soukup to Appear Pro Hac Vice . Filing fee
$ 200.00, receipt number 0208-14455798. Motion and supporting
papers to be reviewed by Clerk's Office staff... The filing is
deficient for the following reason(s): missing Certificate of Good
Standing from THE SUPREME COURT OF ILLINOIS.; Re-file
the motion as a Corrected Motion to Appear Pro Hac Vice - attach
the correct signed PDF - select the correct named filer/filers -
attach valid Certificates of Good Standing issued within the past
30 days - attach Proposed Order.. (ma) (Entered: 12/08/2017)
MENU - LETTER MOTION for Local Rule 37.2 Conference
addressed to Magistrate Judge Robert W. Lehrburger from Brent S.
Tantillo dated December 12, 2017. Document filed by 1st Fidelity
Capital Partners, Inc.. (Attachments: # 1 Exhibit Exhibit 1: July 14,
2017 Order, # 2 Exhibit Exhibit 2: May 18, 2017 Order, # 3 Exhibit
Exhibit 3: Declaration of Laurence Schneider, # 4 Exhibit Exhibit 3A:
Note Sale Policies & Procedures, # 5 Exhibit Exhibit 3B: Borrower
Data Sheet, # 6 Exhibit Exhibit 3C: Representative Copy of Original
Recorded Mortgage, # 7 Exhibit Exhibit 3D: Representative Copy of
Original Promissory Note, # 8 Exhibit Exhibit 3E: Representative
Loan Payment History, # 9 Exhibit Exhibit 3F: Representative Title
Insurance Policy, # 10 Exhibit Exhibit 3G: Master Loan Purchase
Agreement, # 11 Exhibit Exhibit 3H: Example printout of View
Summary Screen, # 12 Exhibit Exhibit 3I: Example printout of View
Ledger Screen, # 13 Exhibit Exhibit 3J: Example of Assignment of
Mortgage, # 14 Exhibit Exhibit 3K: Example of RESPA letter sent by
Chase, # 15 Exhibit Exhibit 3L: Example of RESPA letter sent by
Chase, # 16 Exhibit Exhibit 3M: Oct. 30, 2008 e-mail from Eddie
Guerrero to Laurence Schneider, # 17 Exhibit Exhibit 3N: Laurence
Schneider e-mail response to Oct. 30, 2008 e-mail from Eddie
Guerrero, # 18 Exhibit Exhibit 3O: November 6, 2008 e-mail
exchange between Eddie Guerrero and Laurence Schneider, # 19
Exhibit Exhibit 3P: March 23,2009 e-mail correspondence between
Eddie Guerrero and Laurence Schneider, # 20 Exhibit Exhibit 3Q:
March 18, 2009 e-mail with attachment from Eddie Guerrero to
Laurence Schneider, # 21 Exhibit Exhibit 3R: Dec. 28, 2009 e-mail
with attachment from Launi Solomon to Laurence Schneider, # 22
Exhibit Exhibit 3S: Dec. 29, 2009 e-mail with attachment from Launi
Solomon to Laurence Schneider, # 23 Exhibit Exhibit 3T: May 29,
2013 e-mail correspondence from Launi Solomon, # 24 Exhibit
Exhibit 3U: Feb. 27, 2010 e-mail correspondence from Launi
Solomon, # 25 Exhibit Exhibit 4: Letter from B. Tantillo to C. Pistilli,
November 3, 2017, # 26 Exhibit Exhibit 5: Declaration of Douglas E.
Lord, # 27 Exhibit Exhibit 5A: Covington 11/21/17 Response to Meet
and Confer, # 28 Exhibit Exhibit 5B.1: November 5, 2008 Shopping
List, # 29 Exhibit Exhibit 5B.2: November 5, 2008 Shopping List, #
30 Exhibit Exhibit 5C: AVM Property Value of Houses Securing
Loans Sold to MRS, # 31 Exhibit Exhibit 5D: Lien Position Data
From MLPA Loan List Provided After MLPA was Signed, # 32
Exhibit Exhibit 5E: MORTPOS Data for MRS Loans from JPMC-
MRS-387298(337), # 33 Exhibit Exhibit 5F: S&A and FF Loans
Showing MORTPOS 0 in JPMC-MRS-387298(337), # 34 Exhibit
Exhibit 5G: MORTPOS Data for S&A and FF Loans Receiving 2nd
Lien Forgiveness Letters, # 35 Exhibit Exhibit 5H: 2nd Lien Debt
Forgiveness Letters, # 36 Exhibit Exhibit 5I: Comparison of DFL
Codes to 2nd Lien Debt Forgiveness Letters, # 37 Exhibit Exhibit 5J:
Communications with Borrowers Post-Sale, # 38 Exhibit Exhibit 5K:
Loans Flagged As Lien Released vs iVault Findings, # 39 Exhibit
Exhibit 5L: iVault Findings vs Loans Flagged As NOT Lien Released,
# 40 Exhibit Exhibit 5M: Example of Data Requested from RCV1, #
41 Exhibit Exhibit 5N: Examples of View Summary, View Activity,
View Ledger Found in iVault with MRS209 Label, # 42 Exhibit
Exhibit 6: Deposition of Launi Solomon, # 43 Exhibit Exhibit 7: Email
from Launi Solomon on Dec. 28, 2009 with attachment, # 44 Exhibit
Exhibit 8: Declaration of Michael Zeeb, # 45 Exhibit Exhibit 9: Letter
from R. Wick to Judge Francis, May 8, 2017, # 46 Exhibit Exhibit 10:
Notice of 30(b)(6) Deposition and Chase Response)(Tantillo, Brent)
Modified on 12/13/2017 (db). (Entered: 12/12/2017)
12/12/2017 259 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER
RESPONSE in Opposition to Motion addressed to Magistrate Judge
Robert W. Lehrburger from Brent S. Tantillo dated December 12, 2017
re: 256 LETTER MOTION for Local Rule 37.2 Conference addressed
to Magistrate Judge Robert W. Lehrburger from Robert D. Wick dated
December 7, 2017. . Document filed by 1st Fidelity Loan Servicing,
Inc.. (Attachments: # 1 Exhibit Exhibit 1: Loans Removed and Added
From MLPA List in December 2009, # 2 Exhibit Exhibit 2: Master
Loan List, # 3 Exhibit Exhibit 3: Loans Still Not Produced, # 4 Exhibit
Exhibit 4A: Index of iVault Production by Bates Number, # 5 Exhibit
Exhibit 4B: Index of iVault Production by Bates Number)(Tantillo,
Brent) Modified on 12/13/2017 (db). (Entered: 12/12/2017)
12/13/2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT -
EVENT TYPE ERROR. Notice to Attorney Robert D. Wick to
RE-FILE Document 256 LETTER MOTION for Local Rule 37.2
Conference addressed to Magistrate Judge Robert W. Lehrburger
from Robert D. Wick dated December 7, 2017. Use the event type
Discovery found under the event list Motion (Letter). (db)
(Entered: 12/13/2017)
EVENT TYPE ERROR. Notice to Attorney Brent Steven Tantillo
to RE-FILE Document 258 LETTER MOTION for Local Rule
37.2 Conference addressed to Magistrate Judge Robert W.
Lehrburger from Brent S. Tantillo dated December 12, 2017. Use
the event type Discovery found under the event list Motion
(Letter). (db) (Entered: 12/13/2017)
DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney
Brent Steven Tantillo to RE-FILE Document 259 Response in
Opposition to Motion. ERROR(S): Document(s) linked to filing
error. (db) (Entered: 12/13/2017)
12/13/2017 260 LETTER MOTION for Discovery addressed to Magistrate Judge
Robert W. Lehrburger from Robert D. Wick dated December 7, 2017.
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A - Third
Amended Complaint, # 2 Exhibit B - JPMC-MRS-00005210-12, # 3
Exhibit C - 2017.08.14 Defendant's 3rd Set of Interrogatories to S&A
and 1st Fidelity, # 4 Exhibit D - 2017.08.14 Defendant's 3rd Set of
Interrogatories to MRS, # 5 Exhibit E - 2017.08.14 Defendant's 3rd
Set of Requests for Production to Plaintiffs, # 6 Exhibit F - 2017.09.20
Pls. Responses and Objections to Defs Third Set of Requests for
Production, # 7 Exhibit G - 2017.09.20 MRS Responses to Defs. to
Third Set of Interrogatories, # 8 Exhibit H - 2017.09.20 S&A and 1st
Fidelity Objections and Responses to Defs. Third Set of
Interrogatories, # 9 Exhibit I - 2017.10.19 Letter from C. Pistilli to B.
Tantillo, # 10 Exhibit J - 2017.11.06 Letter from C. Pistilli to B.
Tantillo, # 11 Exhibit K - 2017.11.28 Email from P. Levitz to B.
Tantillo cc C. Pistilli R. Wick R. DiMarco, # 12 Exhibit L - 2017-11-
30 Letter from B. Tantillo to C. Pistilli)(Wick, Robert) (Entered:
12/13/2017)
12/13/2017 261 LETTER RESPONSE in Opposition to Motion addressed to
Magistrate Judge Robert W. Lehrburger from Brent S. Tantillo dated
12/12/2017 re: 260 LETTER MOTION for Discovery addressed to
Magistrate Judge Robert W. Lehrburger from Robert D. Wick dated
Inc.. (Attachments: # 1 Exhibit 1 Loans Removed and Added From
MLPA List in December 2009, # 2 Exhibit 2 Master Loan List, # 3
Exhibit 3 Loans Still Not Produced, # 4 Exhibit 4A Index of iVault
Production by Bates Number, # 5 Exhibit 4B Index of iVault
Production by Bates Number)(Tantillo, Brent) (Entered: 12/13/2017)
Robert W. Lehrburger from Brent S. Tantillo dated December 12,
(Attachments: # 1 Exhibit 1: July 14, 2016 Order, # 2 Exhibit 2: May
18, 2017 Order, # 3 Exhibit 3: Declaration of Laurence Schneider, # 4
Exhibit 3A: Recovery One Note Sale Procedure Manual, # 5 Exhibit
3B: Borrower Data Sheet, # 6 Exhibit 3C: Representative Copy of
Original Recorded Mortgage, # 7 Exhibit 3D: Representative Copy of
Original Promissory Note, # 8 Exhibit 3E: Representative Loan
Payment History, # 9 Exhibit 3F: Representative Title Insurance
Policy, # 10 Exhibit 3G: Master Loan Purchase Agreement, # 11
Exhibit 3H: Example printout of View Summary Screen, # 12 Exhibit
3I: Example printout of View Ledger Screen, # 13 Exhibit 3J:
Example of Assignment of Mortgage, # 14 Exhibit 3K: Example of
RESPA letter sent by Chase, # 15 Exhibit 3L: Example of RESPA
letter sent by Plaintiffs, # 16 Exhibit 3M: Oct. 30, 2008 e-mail from
Eddie Guerrero to Laurence Schneider, # 17 Exhibit 3N: Laurence
Schneider e-mail response to Oct. 30, 2008 e-mail from Eddie
Guerrero, # 18 Exhibit 3O: November 6, 2008 e-mail exchange
between Eddie Guerrero and Laurence Schneider, # 19 Exhibit 3P:
March 23,2009 e-mail correspondence between Eddie Guerrero and
Laurence Schneider, # 20 Exhibit 3Q: March 18, 2009 e-mail with
attachment from Eddie Guerrero to Laurence Schneider, # 21 Exhibit
3R:Dec. 28, 2009 e-mail with attachment from Launi Solomon to
Laurence Schneider, # 22 Exhibit 3S: Dec. 29, 2009 e-mail with
attachment from Launi Solomon to Laurence Schneider, # 23 Exhibit
3T: May 29, 2013 e-mail correspondence from Launi Solomon, # 24
Exhibit 3U: Feb. 27, 2010 e-mail correspondence from Launi
Solomon, # 25 Exhibit Letter from B. Tantillo to C. Pistilli, November
3, 2017, # 26 Exhibit Declaration of Douglas E. Lord, # 27 Exhibit
5A: Letter from C. Pistilli to B. Tantillo, November 21, 2017, # 28
Exhibit 5B.1: November 5, 2008 Shopping List, # 29 Exhibit 5B.2:
November 5, 2008 Shopping List, # 30 Exhibit 5C: AVM Property
Value of Houses Securing Loans Sold to MRS, # 31 Exhibit 5D: Lien
Position Data From MLPA Loan List Provided After MLPA was
Signed, # 32 Exhibit 5E: MORTPOS Data for MRS Loans from
JPMC-MRS-387298(337), # 33 Exhibit 5F: S&A and FF Loans
Showing MORTPOS 0 in JPMC-MRS-387298(337), # 34 Exhibit 5G:
MORTPOS Data for S&A and FF Loans Receiving 2nd Lien
Forgiveness Letters, # 35 Exhibit 5H:2nd Lien Debt Forgiveness
Letters, # 36 Exhibit 5I: Comparison of DFL Codes to 2nd Lien Debt
Forgiveness Letters, # 37 Exhibit 5J: Communications with Borrowers
Post-Sale, # 38 Exhibit 5K: Loans Flagged As Lien Released vs iVault
Findings, # 39 Exhibit 5L: iVault Findings vs Loans Flagged As NOT
Lien Released, # 40 Exhibit 5M: Example of Data Requested from
RCV1, # 41 Exhibit 5N: Examples of View Summary, View Activity,
View Ledger Found in iVault with MRS209 Label, # 42 Exhibit 6:
Declaration of Launi Solomon, # 43 Exhibit 7: Email from Launi
Solomon on Dec. 28, 2009 with attachment, # 44 Exhibit 8:
Declaration of Michael Zeeb, # 45 Exhibit 9: Letter from R. Wick to
Judge Francis, May 8, 2017, # 46 Exhibit 10: Notice of 30(b)(6)
Deposition and Chase Response)(Tantillo, Brent) (Entered:
12/13/2017)
December 15, 2017 re: 262 LETTER MOTION for Discovery
Tantillo dated December 12, 2017. . Document filed by Chase Home
(Attachments: # 1 Exhibit A -- 2016.05.27 Plaintiffs' Memorandum
ISO Motion to Compel, # 2 Exhibit B -- 2016.07.14 Court Order, # 3
Exhibit C -- 2017.02.28 Plaintiffs' Memorandum ISO Motion to
Compel, # 4 Exhibit D -- 2017.05.25 Transcript of Motion to Compel
Hearing, # 5 Exhibit E -- 2017.05.18 Court Order, # 6 Exhibit F --
2017.06.15 Letter from B. Tantillo to C. Pistilli, # 7 Exhibit G --
2017.06.22 Letter from C. Pistilli to B. Tantillo, # 8 Exhibit H --
2017.06.30 Joint Letter to Judge Francis, # 9 Exhibit I -- 2017.07.12
Court Order, # 10 Exhibit J -- 2017.09.13 Email from P. Levitz to B.
Tantillo, # 11 Exhibit K -- 2017.09.15 Pre-Trial Scheduling Order, #
12 Exhibit L -- 2017.11.03 Letter from B. Tantillo to C. Pistilli, # 13
Exhibit M -- 2017.11.21 Letter from C. Pistilli to B. Tantillo, # 14
Exhibit N -- 2017.06.29 Declaration of Launi Soloman, # 15 Exhibit O
-- 2017.12.01 Notice of 30(b)(6) Deposition, # 16 Exhibit P --
2017.12.04 Letter from C. Pistilli to B. Tantillo)(Wick, Robert)
(Entered: 12/15/2017)
12/18/2017 NOTICE of Hearing: Discovery Hearing set for 1/8/2018 at 11:30 AM
in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before
Magistrate Judge Robert W. Lehrburger to discuss the discovery issues
raised in Dkt.260 and 262. The Court intends to rule on these
discovery disputes at the conference absent separate application made
showing cause why more formal briefing would be required. (rsh)
(Entered: 12/18/2017)
01/02/2018 264 AMENDED MOTION for Andrew Soukup to Appear Pro Hac Vice
[Corrected]. Motion and supporting papers to be reviewed by
Clerk's Office staff. Document filed by Chase Home Finance, LLC.,
# 1 Exhibit 1 - IL Certificate of Good Standing, # 2 Exhibit 2 - DC
Certificate of Good Standing, # 3 Exhibit 3 - Affidavit of Andrew
Soukup, # 4 Exhibit 4 - Proposed Order)(Soukup, Andrew) (Entered:
01/02/2018)
Regarding Document No. 264 AMENDED MOTION for Andrew
Soukup to Appear Pro Hac Vice [Corrected]. Motion and
supporting papers to be reviewed by Clerk's Office staff.. The
document has been reviewed and there are no deficiencies. (jc)
(Entered: 01/02/2018)
01/05/2018 265 ORDER granting 264 Motion for Andrew Soukup to Appear Pro Hac
Vice (HEREBY ORDERED by Magistrate Judge Robert W.
Lehrburger)(Text Only Order) (Lehrburger, Robert) (Entered:
01/05/2018)
Wick dated January 8, 2018 re: New Authority Relevant to Plaintiffs'
Pending Motion for Leave to Amend and Supplement Complaint.
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 DC Court of
Appeals Opinion, Dated December 22, 2017)(Wick, Robert) (Entered:
01/08/2018)
Lehrburger: Discovery Hearing held on 1/8/2018 at 11:30 a.m. (rsh)
(Entered: 01/09/2018)
01/09/2018 267 ORDER: This Order partially resolves the Parties' respective motions
to compel filed at Dkt. 260 and 262. This ruling is based on the papers
submitted by the Parties, argument of counsel at the hearing held on
January 8, 2018, and all prior proceedings. By January 23, 2018,
Defendants shall provide a sworn declaration (or declarations) from a
JP Morgan Chase ("Chase") employee (or employees) defining the
codes in the loan spreadsheets produced by Chase. By January 30,
2018, Defendants shall produce information sufficient to identify the
mortgage positions of the loans as of the date of the MLPA, or,
alternatively, attest by sworn declaration that that information has been
provided to the extent Defendants have possession, custody or control
of that information. By January 16, 2018, Defendants shall file a
sworn declaration addressing the extent of burden, if any, in producing
information about the loans at issue from the RCV1 database. The
sworn declaration should address the burden, if any, with respect to
producing the "Views" requested by Plaintiff both collectively and
individually (e.g., burden associated with producing only "View
Activity" reports). The declaration should be specific and non-
conclusory and supported by corroborating evidence; as further set
forth herein. Outstanding issues from the Parties' motion to compel are
(1) the extent to which, if at all, Defendants should produce
information from the RCV1 database, and (2) whether any adjustments
are to be made to the expert discovery schedule in light of the Court's
rulings on the motions to compel. The Court will address those issues
after receiving the declaration in paragraph 6 above. (Signed by
Magistrate Judge Robert W. Lehrburger on 1/9/2018) (mro) (Entered:
01/09/2018)
01/16/2018 268 DECLARATION of Launi Solomon re: 267 Order,,,,,,, . Document
JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit 1: example
View Activity pages, # 2 Exhibit 2: example boarding summary, # 3
Exhibit 3: example View Summary, # 4 Exhibit 4: example View
Ledger pages)(Wick, Robert) (Entered: 01/16/2018)
01/17/2018 269 LETTER REPLY to Response to Motion addressed to Magistrate
Judge Robert W. Lehrburger from Brent S. Tantillo dated January 17,
2018 re: 260 LETTER MOTION for Discovery addressed to
December 7, 2017., 262 LETTER MOTION for Discovery addressed
to Magistrate Judge Robert W. Lehrburger from Brent S. Tantillo dated
Inc.. (Attachments: # 1 Exhibit 1 -- Transcript of January 8, 2018
Hearing, # 2 Exhibit 2 -- Deposition of Launi Solomon, May 17, 2017)
(Tantillo, Brent) (Entered: 01/17/2018)
01/17/2018 270 ORDER: The present Order addresses the declaration filed by JP
Morgan Chase ("Chase") pursuant to my earlier Order (Dkt. 268), and
also addresses Plaintiffs' reply letter (Dkt. 269). The sworn declaration
filed by Chase (Dkt. 268) does not sufficiently address the issue of
burden associated with producing archived information from the
RCV1 database. By Monday January 22, 2018, Chase shall file a
supplemental or amended declaration that (a) sets forth the estimated
financial cost associated with producing the information, (b) provides
corroborating evidence regarding both time and expense, and (c)
identifies from whom the declarant (Launi Solomon) acquired
information about accessibility and burden (both time and cost) for
which she does not have personal knowledge. The concerns raised by
Plaintiffs in their letter responding to the declaration are premature.
Chase still has yet to provide the additional sworn items required by
my earlier Order. The Parties should contact my deputy clerk, Ms.
Shah to arrange a date and time for a conference the week of February
5, 2018 or February 12, 2018 to address remaining fact discovery
issues - if any- that the Parties have not resolved through good faith
meeting and conferral. The current deadlines set forth in the
September 15, 2017 pretrial scheduling order (Dkt. 234) are modified
as follows: Plaintiff expert reports/disclosures: Feb. 28, 2018.
Defendant expert reports/disclosures: April 30, 2018. Rebuttal expert
reports/disclosures: May 18, 2018. Close of expert discovery: June 4,
2018. Dispositive motions: June 18, 2018. SO ORDERED. (Expert
Discovery due by 6/4/2018. Motions due by 6/18/2018.) (Signed by
Magistrate Judge Robert W. Lehrburger on 1/17/2018) Copies
Transmitted By Chambers. (anc) (Entered: 01/17/2018)
01/22/2018 271 DECLARATION of Launi Solomon re: 270 Order, Set
Deadlines,,,,,,,,,,,,,, . Document filed by Chase Home Finance, LLC.,
# 1 Exhibit 1: example View Activity pages, # 2 Exhibit 2: example
boarding summary, # 3 Exhibit 3: example View Summary, # 4 Exhibit
4: example View Ledger pages)(Wick, Robert) (Entered: 01/22/2018)
01/22/2018 272 DECLARATION of Rick Ivie re: 270 Order, Set Deadlines,,,,,,,,,,,,,, .
01/22/2018)
01/22/2018 273 DECLARATION of Mark A. Shea re: 270 Order, Set
Deadlines,,,,,,,,,,,,,, 267 Order,,,,,,, . Document filed by Chase Home
01/22/2018 274 LETTER addressed to Robert W. Lehrburger from Robert D. Wick
dated January 22, 2018 re: Response to Plaintiffs' Letter-Brief of
January 17, 2018 at ECF Doc. No. 269. Document filed by Chase
N.A.. (Attachments: # 1 Exhibit A: January 28, 2009 e-mail from
Larry Schneider to Eddie Guerrero, # 2 Exhibit B: November 19, 2008
e-mail from Eddie Guerrero to Victor Fox, # 3 Exhibit C: November
13, 2009 e-mail from Larry Schneider to Mark Davis)(Wick, Robert)
(Entered: 01/22/2018)
01/23/2018 275 LETTER addressed to Robert W. Lehrburger from Robert D. Wick
dated January 23, 2018 re: ECF Doc. No. 267. Document filed by
01/24/2018 NOTICE of Hearing: Telephone Conference set for 2/13/2018 at 2:30
PM before Magistrate Judge Robert W. Lehrburger. Parties shall
jointly call the chambers conference line at (212) 805-0113.(rsh)
(Entered: 01/24/2018)
01/25/2018 276 LETTER REPLY to Response to Motion addressed to Magistrate
Judge Robert W. Lehrburger from Roberto Di Marco & Brent S.
Tantillo dated 1/25/2018 re: 262 LETTER MOTION for Discovery
Tantillo dated December 12, 2017. . Document filed by 1st Fidelity
01/25/2018 277 TRANSCRIPT of Proceedings re: Discovery Hearing held on
1/8/2018 before Magistrate Judge Robert W. Lehrburger. Court
Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may
be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER.
Redaction Request due 2/15/2018. Redacted Transcript Deadline set
for 2/26/2018. Release of Transcript Restriction set for 4/25/2018.(rro)
(Entered: 01/25/2018)
01/25/2018 278 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby
given that an official transcript of a Discovery Hearing proceeding
held on 1/8/2018 has been filed by the court reporter/transcriber in the
above-captioned matter. The parties have seven (7) calendar days to
file with the court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript may be made
remotely electronically available to the public without redaction after
90 calendar days.(rro) (Entered: 01/25/2018)
01/25/2018 279 ORDER denying 260 Letter Motion for Discovery; denying 262 Letter
Motion for Discovery. Considering all relevant factors, Plaintiff's
motion to compel production of the View Activity and other RCV1
reports is denied. This disposes of the letter motions initiated at
Docket 260 and 262, and the Clerk of the Court is respectfully
requested to terminate those items. SO ORDERED. (Signed by
Magistrate Judge Robert W. Lehrburger on 1/25/2018) Copies
Transmitted By Chambers. (anc) (Entered: 01/25/2018)
01/30/2018 280 DECLARATION of Mary Beth Wilkerson re: 267 Order,,,,,,, .
01/30/2018)
01/30/2018 281 DECLARATION of Philip J. Levitz re: 267 Order,,,,,,, . Document
01/31/2018 Telephone Conference set for 1/31/2018 at 3:30 PM before Magistrate
Judge Robert W. Lehrburger. Parties shall jointly call the chambers
conference line at (212) 805-0113. (rsh) (Entered: 01/31/2018)
(rsh) (Entered: 01/31/2018)
01/31/2018 282 ORDER: The current deadlines set forth in the January 17, 2018 order
(Dkt. 270) are modified as follows. No future extensions will be
granted absent compelling circumstances. Plaintiff expert
reports/disclosures: April 30, 2018. Defendant expert
reports/disclosures: July 2, 2018. Rebuttal expert reports/disclosures:
July 23, 2018. Close of expert discovery: August 13, 2018. Dispositive
motions: September 3, 2018. SO ORDERED.(Expert Discovery due
by 8/13/2018. Motions due by 9/3/2018.) (Signed by Magistrate Judge
Robert W. Lehrburger on 1/31/2018) Copies Transmitted By
Chambers. (anc) (Entered: 01/31/2018)
02/01/2018 283 LETTER addressed to Judge Laura Taylor Swain from Roberto L. Di
Marco, Esq. dated February 1, 2018 re: Doc. No. 266. Document filed
LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Exhibit Exhibit
1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Di Marco, Roberto)
(Entered: 02/01/2018)
02/13/2018 The scheduled Telephone Conference for 2/13/2018 at 2:30 PM has
been Cancelled. (rsh) (Entered: 02/13/2018)
02/13/2018 284 STIPULATION AND ORDER REGARDING EXPERT
DISCOVERY: It is hereby STIPULATED AND AGREED, by and
between the undersigned counsel for Plaintiffs and Defendants lo the
following regarding the scope of discovery relating to experts in this
matter: Subject to the limitation set forth in paragraph 2 hereto, the
following categories of information, documents or electronically
stored information ("ESI") need not be disclosed by any of the parties,
their experts, or their counsel and are outside the scope of permissible
discovery (including deposition questions) (as further set forth in this
Order.) (Signed by Magistrate Judge Robert W. Lehrburger on
2/13/2018) (cf) (Entered: 02/13/2018)
02/21/2018 285 JOINT LETTER MOTION for Extension of Time to Complete Pre-
Trial Deadlines addressed to Magistrate Judge Robert W. Lehrburger
from Robert D. Wick and Roberto L. DiMarco dated Februaru 21,
2018. Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Text of
Proposed Order)(Wick, Robert) (Entered: 02/21/2018)
02/22/2018 286 PRE-TRIAL SCHEDULING ORDER granting 285 Joint Letter
Motion for Extension of Time to Complete Pre-Trial Deadlines.
Dispositive Motions due by 9/3/2018. Expert Witness Discovery due
by 8/13/2018. Final Pretrial Conference set for 2/13/2019 at 10:00 AM
before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate
Judge Robert W. Lehrburger on 2/22/2018) (mml) (Entered:
02/22/2018)
02/26/2018 287 PRE-TRIAL SCHEDULING ORDER: Motions due by 9/3/2018.
Expert Witness Discovery due by 8/13/2018. Final Pretrial Conference
set for 2/13/2019 at 10:00 AM in Courtroom 17C, 500 Pearl Street,
New York, NY 10007 before Judge Laura Taylor Swain. (Signed by
Magistrate Judge Robert W. Lehrburger on 2/26/2018) (mml)
(Entered: 02/26/2018)
Leave to File FOURTH AMENDED AND SUPPLEMENTED
COMPLAINT AND AMENDED RICO CASE STATEMENT
UNDER F.R.C.P 15 filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc. For
the foregoing reasons, Plaintiffs' motion for leave to file a Fourth
Amended Complaint is denied to the extent that it seeks leave to
reinstate Plaintiffs' conversion, tortious interference, and civil RICO
claims, add a new claim for promissory estoppel, and add 1st Fidelity
and S&A as plaintiffs to MRS's claims for fraud and fraudulent
inducement. Plaintiffs' motion for leave to file a Fourth Amended
Complaint is granted to the extent that it seeks to augment facts related
to Plaintiffs' remaining causes of action. In light of the Court's ruling
on Plaintiffs' motion for leave to file a Fourth Amended Complaint,
Plaintiffs' request to strike Chase's letter and permit the filing of
unspecified supplemental pleadings is denied. This Memorandum
Opinion and Order resolves docket entry no. 150. This case remains
referred to Magistrate Judge Lehrburger for general pre-trial
management. SO ORDERED. (Signed by Judge Laura Taylor Swain
on 3/30/2018) (ama) (Entered: 03/30/2018)
04/11/2018 289 JOINT LETTER MOTION for Extension of Time for Pre Trial
Conference and Deadlines addressed to Magistrate Judge Robert W.
Lehrburger from Roberto L. Di Marco, Robert D. Wick, and Brent
Tantillo dated April 11, 2018. Document filed by 1st Fidelity Loan
Partners, Inc.. (Attachments: # 1 Text of Proposed Order)(Di Marco,
04/11/2018 290 ORDER granting 289 Letter Motion for Extension of Time: The
extension jointly requested by the parties in ECF 289 is granted. A
separate scheduling order will issue. (HEREBY ORDERED by
Magistrate Judge Robert W. Lehrburger)(Text Only Order)
Expert Discovery due by 9/4/2018. Final Pretrial Conference set for
2/13/2019 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New
York, NY 10007 before Judge Laura Taylor Swain. (Signed by
Magistrate Judge Robert W. Lehrburger on 4/11/2018) (mml) (Main
Document 291 replaced on 4/12/2018) (mml). (Entered: 04/12/2018)
04/20/2018 292 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST
PARTY ERROR - FOURTH AMENDED COMPLAINT amending
67 Amended Complaint,, against Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. with JURY
DEMAND.Document filed by Mortgage Resolution Servicing, LLC, S
& A Capital Partners, Inc., 1st Fidelity Loan Servicing, LLC. Related
document: 67 Amended Complaint,,. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit
11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Di Marco,
Roberto) Modified on 4/24/2018 (vf). (Entered: 04/20/2018)
PLEADING. Notice to Attorney Roberto Luigi Di Marco to RE-
FILE re: Document No. 292 Fourth Amended Complaint. The
filing is deficient for the following reason(s): all of the parties
listed on the pleading (JP Morgan Chase & Company) were not
entered on CM ECF; wrong party/parties whom the pleading is
against were selected. Docket the event type Add Party to Pleading
found under the event list Complaints and Other Initiating
Documents.. Re-file the pleading using the event type Fourth
Amended Complaint found under the event list Complaints and
Other Initiating Documents - attach the correct signed PDF -
select the individually named filer/filers - select the individually
named party/parties the pleading is against. (vf) (Entered:
04/24/2018)
04/25/2018 293 FOURTH AMENDED COMPLAINT amending 67 Amended
Complaint,, against Chase Home Finance, LLC., JPMorgan Chase &
Co., JPMorgan Chase Bank, N.A. with JURY DEMAND.Document
filed by Mortgage Resolution Servicing, LLC, S & A Capital Partners,
Inc., 1st Fidelity Loan Servicing, LLC. Related document: 67
Amended Complaint,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit,
# 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14
Exhibit)(Di Marco, Roberto) (Entered: 04/25/2018)
05/08/2018 294 NOTICE OF APPEARANCE by Michael Vito Longo on behalf of 1st
& A Capital Partners, Inc.. (Longo, Michael) (Entered: 05/08/2018)
05/11/2018 295 ANSWER to 293 Amended Complaint,,. Document filed by Chase
05/21/2018 296 JOINT LETTER MOTION for Extension of Time addressed to
Magistrate Judge Robert W. Lehrburger from Roberto L. Di Marco,
Robert D. Wick, and Brent Tantillo dated May 21, 2018. Document
of Proposed Order)(Di Marco, Roberto) (Entered: 05/21/2018)
Extension of Time. Dispositive Motions due by 1/4/2019. The
deadlines set forth in this Pre-Trial Scheduling Order will not be
adjourned except in the Court's discretion upon good cause as shown
in a written application signed by counsel. IT IS SO ORDERED.
(Signed by Magistrate Judge Robert W. Lehrburger on 5/21/2018)
(mml) (Entered: 05/21/2018)
Robert W. Lehrburger from Christian J. Pistilli dated June 19, 2018.
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A -
2018.05.21 Trial Scheduling Order, # 2 Exhibit B - 2018.04.25 Fourth
Amended Complaint, # 3 Exhibit C - 2017.08.14 Defendant's 3rd Set
of Interrogatories to MRS, # 4 Exhibit D - 2017.08.14 Defendant's 3rd
Set of Interrogatories to S&A and 1st Fidelity, # 5 Exhibit E -
2017.09.20 Resp. of Plaintiff MRS to Third Set of Interrogatories, # 6
Exhibit F- 2017.09.20 Objections and Responses to Third Set of
Interrogatories to S&A and 1st Fidelity, # 7 Exhibit G - 2017.12.13
Defendants' Letter Motion for Discovery, # 8 Exhibit H - 2018.01.09
Order to Partially Resolve Parties' Respective Motions to Compel filed
at Dkt. 260 and 262, # 9 Exhibit I - 2018.01.31 Order No Future
Extensions Granted, # 10 Exhibit J - 2018.04.11 JOINT LETTER
MOTION for Extension of Time for Pre Trial, # 11 Exhibit J-1 -
2018.04.11 Text of Proposed Order, # 12 Exhibit K - 05.21.2018
Email from C. Pistilli to R. DiMarco, # 13 Exhibit L - 2018.05.21
Joint Letter Motion, # 14 Exhibit M - 2018.05.21 Text of Proposed
Order, # 15 Exhibit N - 2018-05-21 - Letter from R. DiMarco to C.
Pistilli, # 16 Exhibit O - 2018-06-12 - Email from R. DiMarco to C.
Pistilli cc J. Foster, # 17 Exhibit P - 2018-06-11 - Letter from R.
DiMarco to C. Pistilli cc R. Wick B. Tantillo, # 18 Exhibit Q -
2018.06.11 Supplemented Response Defendant's 3rd Interrogatories to
MRS, # 19 Exhibit R - 2018.06.11 Supplemented Response
Defendant's 3rd Interrogatories to S&A and 1st Fidelity, # 20 Exhibit S
- 2018.06.11 Lien Release List Chase Exhibit)(Pistilli, Christian)
(Entered: 06/19/2018)
Magistrate Judge Robert W. Lehrburger from Roberto L. Di Marco
dated June 22, 2018 re: 298 LETTER MOTION for Discovery
addressed to Magistrate Judge Robert W. Lehrburger from Christian J.
Pistilli dated June 19, 2018. . Document filed by 1st Fidelity Loan
Partners, Inc.. (Attachments: # 1 Exhibit Letter of Brent Tantillo dated
February 6, 2017, # 2 Exhibit Letter of Brent Tantillo dated May 31,
2017)(Di Marco, Roberto) (Entered: 06/22/2018)
06/23/2018 300 ORDER: Defendant's request to compel and for sanctions is denied
without prejudice to renewal after Plaintiffs serve their expert reports
and supplemental interrogatory responses on July 11, 2018 or such
other date as the Court orders or the parties agree Plaintiffs' expert
reports shall become due. 298 (HEREBY ORDERED by Magistrate
Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
(Entered: 06/23/2018)
07/12/2018 302 RULE 56.1 STATEMENT. Document filed by JPMorgan Chase &
07/12/2018)
07/12/2018 303 MEMORANDUM OF LAW in Support re: 301 MOTION for Partial
Summary Judgment on Plaintiff's Contract, Fraud, and Negligent
Misrepresentation Claims. . Document filed by JPMorgan Chase &
07/12/2018)
for Partial Summary Judgment on Plaintiff's Contract, Fraud, and
Negligent Misrepresentation Claims.. Document filed by JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit
1 - Depositions of Laurence Schneider, # 2 Exhibit 2 - 12.22.2008
email from Schneider to Guerrero, # 3 Exhibit 3 - 10.8.2008 email
from Schneider to Guerrero, # 4 Exhibit 4 - 11.6.2008 email from
Schneider to Guerrero, # 5 Exhibit 5 - 11.19.2008 email from Guerrero
to Fox, # 6 Exhibit 6 - 11.13.2008 email from Schneider to Guerrero, #
7 Exhibit 7 - 12.4.2008 email from Schneider to Guerrero, # 8 Exhibit
8 - 1.26.2009 email from Schneider to Guerrero, # 9 Exhibit 9 -
1.28.2009 email from Schneider to Guerrero, # 10 Exhibit 10 -
Mortgage Loan Purchase Agreement, # 11 Exhibit 11 - 3.23.2009
email chain with Schneider, Guerrero, and Solomon, # 12 Exhibit 12 -
1.26.2010 email from Solomon to Schneider, # 13 Exhibit 13 -
10.18.2010 email from Schneider to Kassem, # 14 Exhibit 14 -
10.3.2012 email chain with Schneider and Solomon, # 15 Exhibit 15 -
12.9.2009 email chain with Boyle, Schneider, and Davis, # 16 Exhibit
16 - Deposition of Victor B. Fox, # 17 Exhibit 17 - Declaration of
Laurence Schneider, # 18 Exhibit 18 - Declaration of Douglas E. Lord)
07/13/2018 305 ORDER: terminating 301 Motion for Partial Summary Judgment.
ORDERED, that the above-referenced motion (docket entry no. 301)
is hereby TERMINATED for purposes of the Court's docket, without
prejudice to reinstatement upon application, upon notice to adverse
parties and accompanied by the requisite certification; it is further
ORDERED, that no response to the motion is required unless a
reinstatement application is granted, in which case the time to respond
of any adverse party will be calculated from the date of service of the
order of reinstatement and in accordance with Local Civil Rule 6.1 of
the United States District Court for the Southern District of New York.
SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/13/2018)
(ama) (Entered: 07/13/2018)
Wick dated July 19, 2018 re: Request for Reinstatement of Motion for
Partial Summary Judgment and Approval of a Jointly Agreed Upon
Briefing Schedule. Document filed by JPMorgan Chase Bank, N.A..
07/20/2018 301 MOTION for Partial Summary Judgment on Plaintiff's Contract,
Fraud, and Negligent Misrepresentation Claims. Document filed by
Modified on 7/20/2018 (ama). (Entered: 07/12/2018)
07/20/2018 307 MEMO ENDORSEMENT: on re: 306 Letter filed by JPMorgan Chase
Bank, N.A. ENDORSEMENT: The Motion (DE # 301) is reinstated as
of July 20, 2018. The Plaintiffs' opposition is due on August 20, 2018,
and reply papers are due on September 10, 2018. DE # 306 resolved.
SO ORDERED., ( Responses due by 8/20/2018, Replies due by
9/10/2018.) (Signed by Judge Laura Taylor Swain on 7/20/2018)
(ama) (Entered: 07/20/2018)
Partial Summary Judgment on Plaintiff's Contract, Fraud, and
Negligent Misrepresentation Claims. . Document filed by 1st Fidelity
Capital Partners, Inc.. (Di Marco, Roberto) (Entered: 08/20/2018)
08/20/2018 309 DECLARATION of Roberto L. Di Marco in Opposition re: 301
MOTION for Partial Summary Judgment on Plaintiff's Contract,
Fraud, and Negligent Misrepresentation Claims.. Document filed by
LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit,
# 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13
Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18
Exhibit, # 59 Exhibit, # 60 Exhibit)(Di Marco, Roberto) (Entered:
08/20/2018)
08/20/2018 310 DECLARATION of Laurence Schneider in Opposition re: 301
Fraud, and Negligent Misrepresentation Claims.. Document filed by
LLC, S & A Capital Partners, Inc.. (Di Marco, Roberto) (Entered:
08/20/2018)
08/21/2018 311 RESPONSE in Opposition to Motion re: 301 MOTION for Partial
Summary Judgment on Plaintiff's Contract, Fraud, and Negligent
Misrepresentation Claims. . Document filed by 1st Fidelity Loan
Partners, Inc.. (Di Marco, Roberto) (Entered: 08/21/2018)
Partial Summary Judgment on Plaintiff's Contract, Fraud, and
Negligent Misrepresentation Claims. . Document filed by Chase Home
09/10/2018 313 RESPONSE re: 311 Response in Opposition to Motion, Defendants'
Response to Plaintiff's Statement of Undisputed Material Facts.
09/10/2018)
for Partial Summary Judgment on Plaintiff's Contract, Fraud, and
Negligent Misrepresentation Claims.. Document filed by Chase Home
(Attachments: # 1 Exhibit 1 - Laurence Schneider Deposition
Excerpts, # 2 Exhibit 2 - Launi Solomon Deposition Excerpts, # 3
Exhibit 3 - Omar Kassem Deposition Excerpts, # 4 Exhibit 4 - Jeffrey
McGrane Deposition Excerpts, # 5 Exhibit 5 - Excerpts of Plaintiff's
Supplemental Interrogatory Responses, # 6 Exhibit 6 - Schneider
Deposition Exhibit 124, # 7 Exhibit 7 - Schneider Deposition Exhibit
150, # 8 Exhibit 8 - Emails between Laurence Schneider and Launi
Solomon, # 9 Exhibit 9 - Excerpts of Chase's Answer, # 10 Exhibit 10
- Excerpts of Fourth Amended Complaint, # 11 Exhibit 11 - Fourth
Amended Complaint, Exhibit 7, # 12 Exhibit 12 - Chase's Reply Brief
in Support of Motion to Transfer, # 13 Exhibit 13 - Opinion and Order,
# 14 Exhibit 14 - Memo in Opposition to Preliminary Injunction, # 15
Exhibit 15 - Kassem Deposition Exhibit 26)(Wick, Robert) (Entered:
09/10/2018)
10/09/2018 315 LETTER MOTION for Local Rule 37.2 Conference addressed to
Magistrate Judge Robert W. Lehrburger from Christian J. Pistilli dated
October 9, 2018. Document filed by Chase Home Finance, LLC.,
# 1 Exhibit A - Dkt 297 - 2018.05.21 Trial Scheduling Order, # 2
Exhibit B - 2018-09-21 Notice of Deposition - Andrien, # 3 Exhibit C
- 2018-09-21 Notice of Deposition - Bumpus, # 4 Exhibit D - 2018-
09-21 Notice of Deposition - Payne, # 5 Exhibit E - 2018-10-01 Letter
from Longo to Levitz, # 6 Exhibit F - 2018-10-03 Emails between M.
Longo and C. Pistilli, # 7 Exhibit G - 2018-10-04 Email from M.
Longo to C. Pistilli, # 8 Exhibit H - 2018-10-04 Email from C. Pistilli
to M Longo, # 9 Exhibit I - 2018-10-04 Email from M. Longo to C.
Pistilli)(Pistilli, Christian) (Entered: 10/09/2018)
10/12/2018 316 LETTER RESPONSE to Motion addressed to Magistrate Judge
Robert W. Lehrburger from Roberto Di Marco dated October 12, 2018
re: 315 LETTER MOTION for Local Rule 37.2 Conference addressed
to Magistrate Judge Robert W. Lehrburger from Christian J. Pistilli
dated October 9, 2018. . Document filed by 1st Fidelity Loan
Partners, Inc.. (Attachments: # 1 Exhibit A)(Di Marco, Roberto)
(Entered: 10/12/2018)
10/12/2018 317 ORDER denying letter motion at Dkt. 315. Defendant's request to take
expert depositions after submission of Plaintiff's initial reports while
reserving the right to take the experts' depositions for a second time
following rebuttal reports is denied. The requested procedure is
inefficient, unduly costly, and not warranted in this case. Expert
depositions shall take place following submission of rebuttal reports,
unless the parties otherwise agree to take the deposition of a particular
expert or experts prior to rebuttal reports, in which instance the
deposing party will not be allowed to take a second deposition of the
expert(s) following rebuttal reports. (HEREBY ORDERED by
Magistrate Judge Robert W. Lehrburger)(Text Only Order)
10/22/2018 318 MOTION for Brent S. Tantillo to Withdraw as Attorney . Document
Servicing, LLC, S & A Capital Partners, Inc..(Tantillo, Brent)
(Entered: 10/22/2018)
10/22/2018 319 MEMORANDUM OF LAW in Support re: 318 MOTION for Brent S.
Tantillo to Withdraw as Attorney . . Document filed by 1st Fidelity
10/22/2018 320 DECLARATION of Brent S. Tantillo in Support re: 318 MOTION for
Brent S. Tantillo to Withdraw as Attorney .. Document filed by 1st
10/22/2018 321 MOTION for Partial Summary Judgment . Document filed by
Mortgage Resolution Servicing, LLC.(Di Marco, Roberto) (Entered:
10/22/2018)
10/22/2018 322 RULE 56.1 STATEMENT. Document filed by Mortgage Resolution
Servicing, LLC. (Di Marco, Roberto) (Entered: 10/22/2018)
Summary Judgment . on Plaintiff MRS' Fraud and Negligent
Misrepresentation Claims. Document filed by Mortgage Resolution
10/22/2018 324 DECLARATION of Roberto L. Di Marco in Support re: 321
MOTION for Partial Summary Judgment .. Document filed by
Mortgage Resolution Servicing, LLC. (Attachments: # 1 Exhibit Audit
Report 2011, # 2 Exhibit Deposition of Solomon, # 3 Exhibit
Deposition of Fox, # 4 Exhibit Deposition of Kassem, # 5 Exhibit
Deposition of Boyle, # 6 Exhibit Boyle Email 7-30-12, # 7 Exhibit
Barbieri Email 1-7-14, # 8 Exhibit Under Seal, # 9 Exhibit Note Sale
Procedure, # 10 Exhibit Expert Report of Payne, # 11 Exhibit Brown
Email 11-3-08, # 12 Exhibit Richmond Email 11-30-08, # 13 Exhibit
Brown Email 11-5-08, # 14 Exhibit WAMU Purchase and Assumption
Agreement, # 15 Exhibit Under Seal, # 16 Exhibit Certification of
Boyle 10-31-14, # 17 Exhibit Certification of Boyle 8-6-15, # 18
Exhibit Certification of Boyle 11-17-15, # 19 Exhibit Declaration of
Schneider Dkt 262-3, # 20 Exhibit Expert Report of Andrien, # 21
Exhibit Deposition of McGrane, # 22 Exhibit Recovery Dept Training
Curriculum, # 23 Exhibit Deposition of Iacono, # 24 Exhibit
Deposition of Axel, # 25 Exhibit Expert Report of Bumpus, # 26
Exhibit Under Seal, # 27 Exhibit Solomon Email 2-17-10 with View
Activity Page, # 28 Exhibit Guerrero Email 9-16-08, # 29 Exhibit Fox
Email 10-30-08, # 30 Exhibit Guerrero Email 10-14-08, # 31 Exhibit
Guerrero Email 10-20-08, # 32 Exhibit Guerrero Email 10-29-08, # 33
Exhibit Fox Email 10-29-08, # 34 Exhibit Guerrero Email 10-30-08, #
35 Exhibit Guerrero Email 11-3-08, # 36 Exhibit Under Seal, # 37
Exhibit Guerrero Email 11-5-08, # 38 Exhibit Guerrero Email 11-5-08,
# 39 Exhibit Deposition of Schneider, # 40 Exhibit Schneider Email
11-17-09, # 41 Exhibit Declaration of Schneider Dkt 310, # 42 Exhibit
Deposition of Schneider Ex 129 Guerrero Email 11-19-08, # 43
Exhibit Guerrero Email 11-6-08, # 44 Exhibit Guerrero Email 11-11-
08, # 45 Exhibit Schneider Email 11-13-08, # 46 Exhibit Fox Email
11-19-08, # 47 Exhibit Guerrero Email 12-22-08, # 48 Exhibit
Exhibit Oquendo Email 1-6-09, # 51 Exhibit Under Seal, # 52 Exhibit
Schneider Email 1-26-09, # 53 Exhibit Guerrero Email 1-5-09, # 54
Exhibit Schneider Email 1-5-09, # 55 Exhibit Paxton Email 1-15-09, #
56 Exhibit Guerrero Email 2-4-09, # 57 Exhibit Draft MLPA, # 58
Exhibit Schneider Email 2-4-09, # 59 Exhibit Guerrero Email 2-9-09,
# 60 Exhibit Fox Email 2-9-09, # 61 Exhibit Guerrero Email 2-23-09,
# 62 Exhibit Executed MLPA Dkt 292-4, # 63 Exhibit Guerrero Email
3-23-09, # 64 Exhibit FAC Exhibit 1 Dkt 292-1, # 65 Exhibit Under
Seal, # 66 Exhibit Solomon Email 12-18-09, # 67 Exhibit Solomon
Email 12-29-09, # 68 Exhibit Under Seal, # 69 Exhibit Under Seal, #
70 Exhibit DOJ Extinguishment Program Proposal, # 71 Exhibit
Supplemental Interrogatory Response Exhibit 5, # 72 Exhibit Under
Seal, # 73 Exhibit Walk Population Lien Release, # 74 Exhibit
Deposition of McGrane Exhibit 30, # 75 Exhibit Kassem Email 3-1-
13, # 76 Exhibit Solomon Email 5-29-13, # 77 Exhibit Schneider
Declaration Dkt 191, # 78 Exhibit Guerrero Email 2-25-09, # 79
Exhibit Paxton Email 3-10-09)(Di Marco, Roberto) (Entered:
10/22/2018)
10/23/2018 325 SEALED DOCUMENT placed in vault.(mhe) (Entered: 10/23/2018)
10/25/2018 326 CONSENT LETTER MOTION for Extension of Time to File
Response/Reply as to 321 MOTION for Partial Summary Judgment .
addressed to Judge Laura Taylor Swain from Christian J. Pistilli dated
October 25, 2018. Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Pistilli,
10/26/2018 327 ORDER: granting 326 Letter Motion for Extension of Time to File
Response/Reply re 326 CONSENT LETTER MOTION for Extension
of Time to File Response/Reply as to 321 MOTION for Partial
Summary Judgment addressed to Judge Laura Taylor Swain from
Christian J. Pistilli dated October 25, 2018. The requested extension is
Granted. DE # 326 resolved. SO ORDERED. Responses due by
11/20/2018. (Signed by Judge Laura Taylor Swain on 10/26/2018)
(ama) (Entered: 10/26/2018)
10/29/2018 328 LETTER MOTION to Stay all pending substantive motions and
amend scheduling order/extend time to Reply addressed to Judge
Laura Taylor Swain from Michael Longo dated October 29, 2018.
(Attachments: # 1 Exhibit Proposed Amended Scheduling Order)(Di
Marco, Roberto) (Entered: 10/29/2018)
10/30/2018 329 LETTER RESPONSE to Motion addressed to Judge Laura Taylor
Swain from Christian J. Pistilli dated October 30, 2018 re: 328
LETTER MOTION to Stay all pending substantive motions and
amend scheduling order/extend time to Reply addressed to Judge
Laura Taylor Swain from Michael Longo dated October 29, 2018. .
Co., JPMorgan Chase Bank, N.A.. (Pistilli, Christian) (Entered:
10/30/2018)
11/01/2018 330 ORDER: denying 328 Letter Motion to Stay. The Court has reviewed
the foregoing request and Defendants' response (DE # 329). Plaintiffs'
request to stay action on the pending motion is Denied. Plaintiff MRS'
request for an extension of its reply deadline is Granted. The parties
are directed to take up their requests for Scheduling Order adjustments
with Judge Lehrburger. DE # 328 resolved. SO ORDERED. (Signed
by Judge Laura Taylor Swain on 11/01/2018) (ama) (Entered:
11/01/2018)
11/01/2018 Set/Reset Deadlines: Replies due by 12/4/2018. (ama) (Entered:
11/01/2018)
Judge Robert W. Lehrburger from Roberto L. Di Marco dated
November 16, 2018. Document filed by 1st Fidelity Loan Servicing,
Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit
Correspondence between counsel, # 3 Exhibit Correspondence from
expert)(Di Marco, Roberto) (Entered: 11/16/2018)
11/19/2018 332 SCHEDULING ORDER: Telephone Conference set for 11/19/2018 at
2:00 PM before Magistrate Judge Robert W. Lehrburger. Parties shall
jointly call the chambers conference line at (212) 805-0113. (Signed
by Magistrate Judge Robert W. Lehrburger on 11/19/2018) (rsh)
(Entered: 11/19/2018)
Robert W. Lehrburger from Christian J. Pistilli dated November 19,
2018 re: 331 LETTER MOTION for Extension of Time addressed to
dated November 16, 2018. . Document filed by Chase Home Finance,
(Attachments: # 1 Exhibit A - 2018-10-29 Email from I. Ventresca, # 2
Exhibit B - 2018-11-16 Emails between C. Pistilli and M. Longo, # 3
Exhibit C - 2018-11-07 Emails between J. Rice and I. Ventresca, # 4
Exhibit D - 2018-11-16 Email to M. Courchane)(Pistilli, Christian)
(Entered: 11/19/2018)
(rsh) (Entered: 11/19/2018)
Extension of Time. The pending discovery disputes (ECF No. 331) are
resolved as stated during the November 19, 2018 conference. The
deadlines are extended as follows: Plaintiffs' rebuttal expert reports
shall be filed by December 3, 2018. All expert discovery must be
completed by January 18, 2019. The parties shall jointly submit an
amended proposed pre-trial scheduling order by December 5, 2018.
(HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)
(Text Only Order) (Lehrburger, Robert) (Entered: 11/19/2018)
Partial Summary Judgment . . Document filed by Chase Home
11/20/2018 336 COUNTER STATEMENT TO 322 Rule 56.1 Statement. Document
MOTION for Partial Summary Judgment .. Document filed by Chase
N.A.. (Attachments: # 1 Exhibit 1 - Laurence Schneider Depositions, #
2 Exhibit 2 - 12.22.2008 email from Schneider to Guerrero, # 3
Exhibit 3 - 10.8.2008 email from Schneider to Guerrero, # 4 Exhibit 4
- 9.16.2008 email from Schneider to Guerrero, # 5 Exhibit 5 -
Spreadsheet from Schneider to Guerrero, # 7 Exhibit 7 - 11.19.2008
email chain, # 8 Exhibit 8 - 11.13.2008 email chain, # 9 Exhibit 9 -
Victor Fox Deposition, # 10 Exhibit 10 - 12.2.2008 email chain, # 11
Exhibit 11 - 12.4.2008 email from Schneider to Guerrero, # 12 Exhibit
12 - 1.26.2009 email from Schneider to Guerrero, # 13 Exhibit 13 -
Mortgage Loan Purchase Agreement, # 15 Exhibit 15 - Declaration of
Laurence Schneider, # 16 Exhibit 16 - Declaration of Douglas E. Lord,
# 17 Exhibit 17 - 11.13.2009 email chain, # 18 Exhibit 18 - 11.6.2008
email from Guerrero to Fox, # 19 Exhibit 19 - 11.19.2008 email chain,
# 20 Exhibit 20 - Courchane expert report, # 21 Exhibit 21 - Andrien
expert report, # 22 Exhibit 22 - excerpts of Fourth Amended
Complaint, # 23 Exhibit 23 - Baines expert report, # 24 Exhibit 24 -
excerpts of Plaintiff's response to statement of facts, # 25 Exhibit 25 -
Patrick Boyle Deposition, # 26 Exhibit 26 - 2.23.2009 email from
Guerrero to Fox, # 27 Exhibit 27 - 3.23.2009 email chain, # 28 Exhibit
28 - Launi Solomon Deposition, # 29 Exhibit 29 - Omar Kassem
Deposition, # 30 Exhibit 30 - excerpts of MRS's Supplemental
Responses to Chase's Third Set of Interrogatories, # 31 Exhibit 31 -
Exhibit 7 to Fourth Amended Complaint, # 32 Exhibit 32 - 8.16.2013
email chain, # 33 Exhibit 33 - Chase's memorandum of law in
opposition to preliminary injunction, # 34 Exhibit 34 - 11.19.2018
email chain)(Wick, Robert) (Entered: 11/20/2018)
11/29/2018 338 LETTER MOTION for Extension of Time to Complete Discovery
addressed to Magistrate Judge Robert W. Lehrburger from Roberto L.
Di Marco dated November 29, 2018. Document filed by 1st Fidelity
Capital Partners, Inc.. (Attachments: # 1 Text of Proposed Order
Proposed Amended Scheduling Order)(Di Marco, Roberto) (Entered:
11/29/2018)
11/29/2018 339 LETTER MOTION for Extension of Time to Complete Discovery
addressed to Magistrate Judge Robert W. Lehrburger from Roberto L.
Di Marco dated November 29, 2018. Document filed by 1st Fidelity
Capital Partners, Inc.. (Attachments: # 1 Text of Proposed Order
Proposed Amended Scheduling Order)(Di Marco, Roberto) (Entered:
11/29/2018)
11/29/2018 340 PRE-TRIAL SCHEDULING ORDER granting 339 Motion for
Extension of Time to Complete Discovery. Plaintiffs must make their
expert witness rebuttal disclosures by no later than December 17,
2018. All expert witness discovery must be completed by February 8,
2019. Dispositive motions, if any, seeking resolution, in whole or in
part, of the issues to be raised at trial must be served and filed on or
before March 8, 2019. Oppositions to dispositive motions shall be
served and filed on April 8, 2019. Replies in support of dispositive
motions shall be served and filed on or before April 29, 2019...and as
further set forth in this Order. No further extensions absent compelling
circumstances. IT IS SO ORDERED. (Motions due by 3/8/2019.)
(Signed by Magistrate Judge Robert W. Lehrburger on 11/29/2018)
(jca) Modified on 11/29/2018 (jca). (Entered: 11/29/2018)
11/29/2018 Set/Reset Deadlines: Expert Discovery due by 2/8/2019, Responses
due by 4/8/2019, Replies due by 4/29/2019. (jca) (Entered:
11/29/2018)
12/04/2018 341 SEALED DOCUMENT placed in vault.(rz) (Entered: 12/04/2018)
Partial Summary Judgment . on Plaintiff MRS' Fraud and Negligent
Misrepresentation Claims. Document filed by Mortgage Resolution
12/04/2018 343 RESPONSE re: 336 Counter Statement to Rule 56.1 . Document filed
by Mortgage Resolution Servicing, LLC. (Di Marco, Roberto)
(Entered: 12/04/2018)
12/04/2018 344 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 345
Declaration) - DECLARATION of Roberto L. Di Marco in Support
re: 321 MOTION for Partial Summary Judgment .. Document filed by
Mortgage Resolution Servicing, LLC. (Attachments: # 1 Exhibit
Schneider Deposition, # 2 Exhibit HSBC Contract, # 3 Exhibit HSBC
Letter of Recomendation, # 4 Exhibit Email Guerrero 10.08.08, # 5
Exhibit Email Guerrero 6.11.08, # 6 Exhibit Email Guerrero 8.28.08 -
Filed Under Seal, # 7 Exhibit Guerrero Email 9.5.08, # 8 Exhibit
Guerrero Email 11.14.08 - Filed Under Seal, # 9 Exhibit Guerrero
Email 11.19.08 - Filed Under Seal, # 10 Exhibit Guerrero Email
5.19.09, # 11 Exhibit Bid Letter, # 12 Exhibit ECF 310 Schneider
Declaration, # 13 Exhibit Email Guerrero 11.05.08, # 14 Exhibit ECF
262-3 Schneider Declaration)(Di Marco, Roberto) Modified on
12/6/2018 (db). (Entered: 12/04/2018)
MOTION for Partial Summary Judgment .. Document filed by
Mortgage Resolution Servicing, LLC. (Attachments: # 1 Exhibit
Schneider Deposition, # 2 Exhibit HSBC Contract, # 3 Exhibit HSBC
Letter of Recommendation, # 4 Exhibit Email Guerrero 10.08.08, # 5
Exhibit Email Guerrero 6.11.08, # 6 Exhibit Email Guerrero 8.28.08 -
Filed Under Seal, # 7 Exhibit Email Guerrero 9.5.08, # 8 Exhibit
Email Guerrero 11.14.08 - Filed Under Seal, # 9 Exhibit Email
Guerrero 11.19.08 - Filed Under Seal, # 10 Exhibit Email Guerrero
262-3 Schneider Declaration)(Di Marco, Roberto) (Entered:
12/06/2018)
12/21/2018 346 ORDER granting 318 Motion to Withdraw as Attorney: The motion of
Brent Tantillo and Tantillo Law to withdraw as counsel is GRANTED
for the reasons as substantially set forth in applicant's moving papers.
(HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)
(Text Only Order) (Lehrburger, Robert) (Entered: 12/21/2018)
02/11/2019 347 ORDER: In light of the pending motion(s), the final pretrial
conference scheduled for February 13, 2019, is rescheduled to May
24, 2019, at 11:30 a.m. in Courtroom 17C. SO ORDERED., ( Final
Pretrial Conference set for 5/24/2019 at 11:30 AM in Courtroom 17C,
500 Pearl Street, New York, NY 10007 before Judge Laura Taylor
Swain.) (Signed by Judge Laura Taylor Swain on 2/11/2019) (ama)
(Entered: 02/11/2019)
02/28/2019 348 JOINT LETTER MOTION to Adjourn Conference Currently
Scheduled for May 24, 2019 and to Extend the Associated Pre-Trial
Deadlines addressed to Judge Laura Taylor Swain from Robert D.
Wick and Roberto L. DiMarco dated February 28, 2019. Document
JPMorgan Chase Bank, N.A..(Wick, Robert) (Entered: 02/28/2019)
02/28/2019 349 PROPOSED SCHEDULING ORDER. Document filed by Chase
03/08/2019 350 MOTION for Partial Summary Judgment on Liability as to Plaintiffs'
Breach of Contract Claims. Document filed by 1st Fidelity Loan
Partners, Inc..(Di Marco, Roberto) (Entered: 03/08/2019)
03/08/2019 351 RULE 56.1 STATEMENT. Document filed by 1st Fidelity Loan
Summary Judgment on Liability as to Plaintiffs' Breach of Contract
Claims. . Document filed by 1st Fidelity Loan Servicing, LLC,
(Di Marco, Roberto) (Entered: 03/08/2019)
MOTION for Partial Summary Judgment on Liability as to Plaintiffs'
Breach of Contract Claims.. Document filed by 1st Fidelity Loan
Partners, Inc.. (Attachments: # 1 Exhibit Audit Department Report, # 2
Exhibit Solomon Deposition, # 3 Exhibit Fox Deposition, # 4 Exhibit
Kassem Deposition, # 5 Exhibit Boyle Deposition, # 6 Exhibit Paxton
Email July 31, 2012, # 7 Exhibit Barbieri Email January 7, 2014, # 8
Exhibit Campos loan files - Filed under seal, # 9 Exhibit Note Sale
Procedure, # 10 Exhibit Payne Expert Report - Filed under seal, # 11
Exhibit Fox Email November 4, 2008, # 12 Exhibit Richmond Email
October 30, 2008, # 13 Exhibit Guerrero Email November 5, 2008, #
14 Exhibit Purchase and Assumption Agreement, # 15 Exhibit Return
on Investment Overview - Filed under seal, # 16 Exhibit Certification
of Lien Release, # 17 Exhibit August Boyle Certification, # 18 Exhibit
November Boyle Certification, # 19 Exhibit ECF 262-3 Schneider
Declaration, # 20 Exhibit Andrien Expert Report - Filed under seal, #
21 Exhibit MASTER MORTGAGE LOAN SALE AGREEMENT, #
22 Exhibit MASTER MORTGAGE LOAN SALE AGREEMENT, #
23 Exhibit Iacino Deposition, # 24 Exhibit McGrane Deposition, # 25
Exhibit Payne Deposition - Filed under seal, # 26 Exhibit Axel
Deposition, # 27 Exhibit Bumpus Expert Report - Filed under seal, #
28 Exhibit Guerrero Email October 22, 2008 - Filed under seal, # 29
Exhibit Solomon Email February 17, 2010 - Filed under seal, # 30
Exhibit Guerrero Email September 16, 2008, # 31 Exhibit Fox Email
October 30, 2008, # 32 Exhibit Guerrero Email October 29, 2008, # 33
Exhibit Guerrero Email October 30, 2008, # 34 Exhibit Guerrero
Email November 4, 2008, # 35 Exhibit Spreadsheet - Filed under seal,
# 36 Exhibit Guerrero Email November 5, 2008, # 37 Exhibit
Schneider Email November 6, 2008, # 38 Exhibit Guerrero Email
November 6, 2008, # 39 Exhibit Fox Email November 11, 2008, # 40
Exhibit Schneider Email November 13, 2008, # 41 Exhibit Fox Email
November 19, 2008, # 42 Exhibit Schneider Deposition, # 43 Exhibit
Payne Rebuttal Report - Filed under seal, # 44 Exhibit Oquendo Email
January 6, 2009, # 45 Exhibit Cashier's Check - Filed under seal, # 46
Exhibit Guerrero Email December 23, 2008, # 47 Exhibit Guerrero
Email January 5, 2009, # 48 Exhibit Schneider Email January 5, 2009,
# 49 Exhibit Guerrero Email February 4, 2009, # 50 Exhibit Draft
MLPA, # 51 Exhibit Schneider Email February 4, 2009, # 52 Exhibit
Guerrero Email February 9, 2009, # 53 Exhibit Fox Email February 9,
2009, # 54 Exhibit Guerrero Email February 23, 2009, # 55 Exhibit
ECF 292-4 MLPA, # 56 Exhibit Guerrero Email February 25, 2009, #
57 Exhibit Paxton Email March 10, 2009, # 58 Exhibit Guerrero Email
March 16, 2009, # 59 Exhibit Schneider Email March 17, 2009, # 60
Exhibit Guerrero Email March 18, 2009, # 61 Exhibit Guerrero Email
March 23, 2009 - Filed under seal, # 62 Exhibit Guerrero Email March
23, 2009, # 63 Exhibit Baines Expert Report - Filed under seal, # 64
Exhibit ECF 310 Schneider Declaration, # 65 Exhibit ECF 292-1
Loans sold to SA_FF - Filed under seal, # 66 Exhibit Tommasiello
Loan File - Filed under seal, # 67 Exhibit MLPA Exhibit A - Filed
under seal, # 68 Exhibit Guerrero Email March 19, 2009, # 69 Exhibit
Solomon Email December 18, 2009 - Filed under seal, # 70 Exhibit
Solomon Email December 29, 2009, # 71 Exhibit Fells letter
September 23, 2016 - Filed under seal, # 72 Exhibit Kassem Email
October 1, 2012 - Filed under seal, # 73 Exhibit Lossow Fax - Filed
under seal, # 74 Exhibit Solomon Email May 29, 2013, # 75 Exhibit
2nd Lien Credit Initiative Concept Design - Filed under seal, # 76
Exhibit DOJ Extinguishment Program Proposal, # 77 Exhibit
Interrogatories Exhibit 5 - Filed under seal, # 78 Exhibit Lance
Deposition - Filed under seal, # 79 Exhibit Walk Population Lien
Release, # 80 Exhibit ECF 295 Answer to the Fourth Amended
Complaint, # 81 Exhibit McGrane Deposition Exhibit 30, # 82 Exhibit
Ahmed Answer, # 83 Exhibit Schneider Email December 5, 2012 -
Filed under seal, # 84 Exhibit Pries Loan Files - Filed under seal, # 85
Exhibit Recovery Review Worksheet - Filed under seal, # 86 Exhibit
Kevorkyants Email - Filed under seal, # 87 Exhibit McGrane Email
January 22, 2010 - Filed under seal, # 88 Exhibit Solomon Email
December 15, 2010 - Filed under seal, # 89 Exhibit ECF 202 Zeeb
Declaration, # 90 Exhibit Di Marco letter July 23, 2018, # 91 Exhibit
Pistilli letter July 20, 2018, # 92 Exhibit MRS Transaction Detail -
Filed under seal, # 93 Exhibit Courchane Deposition - Filed under
seal, # 94 Exhibit Courchane Expert Report - Filed under seal, # 95
Exhibit Kassem Email March 1, 2013, # 96 Exhibit Solomon Email
May 30, 2013, # 97 Exhibit Solomon Email August 15, 2013 - Filed
under seal, # 98 Exhibit ECF 191 Schneider Declaration)(Di Marco,
Responses due by 4/8/2019 Replies due by 4/29/2019. Final Pretrial
Conference set for 11/15/2019 at 11:00 AM in Courtroom 17C, 500
Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.
The parties will conduct a settlement conference with either Judge
Lehrburger or a private mediator selected by the parties when they
believe a settlement conference would be productive. And as set forth
herein. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain
on 3/08/2019) (ama) (Entered: 03/08/2019)
03/08/2019 355 LETTER MOTION for Leave to File Certain Exhibits Under Seal
addressed to Judge Laura Taylor Swain from Robert D. Wick dated
March 8, 2019. Document filed by Chase Home Finance, LLC.,
(Entered: 03/08/2019)
03/08/2019 356 PROPOSED ORDER. Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. Related
Document Number: 355 . (Wick, Robert) Proposed Order to be
reviewed by Clerk's Office staff. (Entered: 03/08/2019)
03/08/2019 357 MOTION to Preclude Testimony of Jeffrey S. Andrien. Document filed
03/08/2019 358 MEMORANDUM OF LAW in Support re: 357 MOTION to Preclude
Testimony of Jeffrey S. Andrien. . Document filed by Chase Home
to Preclude Testimony of Jeffrey S. Andrien.. Document filed by Chase
N.A.. (Attachments: # 1 Exhibit A: Andrien Expert Report - filed
under seal, # 2 Exhibit B: Baines Expert Report - filed under seal, # 3
Exhibit C: Courchane Expert Report - filed under seal, # 4 Exhibit D:
Schneider Deposition Ex. 124, # 5 Exhibit E: Schneider Deposition
Ex. 129, # 6 Exhibit F: MRS Mortgage Loan Purchase Agreement, # 7
Exhibit G: Schneider Deposition Ex. 131, # 8 Exhibit H: Schneider
Declaration Excerpts, # 9 Exhibit I: Plaintiffs' Statement of
Undisputed Facts, # 10 Exhibit J: Andrien Deposition Excerpts, # 11
Exhibit K: Letter from Schneider to Fox, # 12 Exhibit L: Schneider
Deposition Excerpts, # 13 Exhibit M: Payne Deposition Excerpts, # 14
Exhibit N: Courchane Deposition Excerpts, # 15 Exhibit O: Baines
Deposition Excerpts, # 16 Exhibit P: NMS Report, # 17 Exhibit Q:
RMBS Report)(Wick, Robert) (Entered: 03/08/2019)
03/08/2019 360 MOTION for Partial Summary Judgment On Plaintiffs' Contract and
Damages Claims. Document filed by Chase Home Finance, LLC.,
(Entered: 03/08/2019)
Summary Judgment On Plaintiffs' Contract and Damages Claims. .
03/08/2019)
03/08/2019 362 RULE 56.1 STATEMENT. Document filed by Chase Home Finance,
for Partial Summary Judgment On Plaintiffs' Contract and Damages
Claims.. Document filed by Chase Home Finance, LLC., JPMorgan
1: Schneider Deposition Excerpts, # 2 Exhibit 2: Schneider Deposition
Ex. 131, # 3 Exhibit 3: Pl. Resp. to Defs.' Statement of Undisputed
Facts, # 4 Exhibit 4: Schneider Deposition Ex. 122, # 5 Exhibit 5:
MRS Mortgage Loan Purchase Agreement, # 6 Exhibit 6: Courchane
Expert Report - filed under seal, # 7 Exhibit 7: S&A Mortgage Loan
Sale Agreement, # 8 Exhibit 8: 1st Fidelity Mortgage Loan Sale
Agreement, # 9 Exhibit 9: Plaintiffs' Statement of Undisputed Facts, #
10 Exhibit 10: Fox Deposition Excerpts, # 11 Exhibit 11: Schneider
Deposition Ex. 124, # 12 Exhibit 12: Schneider Deposition Ex. 128, #
13 Exhibit 13: Schneider Deposition Ex. 129, # 14 Exhibit 14:
Schneider Deposition Ex. 133, # 15 Exhibit 15: Fourth Amended
Complaint, # 16 Exhibit 16: Schneider Declaration, # 17 Exhibit 17:
Lord Declaration, # 18 Exhibit 18: Andrien Expert Report - filed under
seal, # 19 Exhibit 19: DiMarco Letter, # 20 Exhibit 20: MRS Supp.
Resp. to Defs.' Interrog., # 21 Exhibit 21: S&A and 1st Fidelity Supp.
Resp. to Defs.' Interrog., # 22 Exhibit 22: Baines Expert Report - filed
under seal, # 23 Exhibit 23: Payne Deposition Excerpts, # 24 Exhibit
24: Defs. 3rd Set of Interrog. to MRS, # 25 Exhibit 25: Defs. 3rd Set
of Interrog. to S&A and 1st Fidelity, # 26 Exhibit 26: Andrien
Deposition Excerpts, # 27 Exhibit 27: Payne Expert Report - filed
under seal, # 28 Exhibit 28: Bumpus Expert Report, # 29 Exhibit 29:
Bentolila Declaration, # 30 Exhibit 30: Andrien Rebuttal Report - filed
under seal, # 31 Exhibit 31: Payne Rebuttal Report - filed under seal, #
32 Exhibit 32: First Amended Complaint, # 33 Exhibit 33: Second
Amended Complaint, # 34 Exhibit 34: Third Amended Complaint, #
35 Exhibit 35: Pls.' Initial Disclosures)(Wick, Robert) (Entered:
03/08/2019)
03/08/2019 364 LETTER MOTION to Stay Pre-Trial Deadlines addressed to Judge
Laura Taylor Swain from Robert D. Wick dated March 8, 2019.
03/08/2019)
03/11/2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER.
Document No. 356 Proposed Order was reviewed and approved as
to form. (km) (Entered: 03/11/2019)
Swain from Roberto Di Marco dated 3/11/19 re: 364 LETTER
MOTION to Stay Pre-Trial Deadlines addressed to Judge Laura
Taylor Swain from Robert D. Wick dated March 8, 2019. . Document
Servicing, LLC, S & A Capital Partners, Inc.. (Di Marco, Roberto)
(Entered: 03/11/2019)
03/12/2019 367 ORDER: granting 364 Letter Motion to Stay. All deadlines associated
with the final pretrial conference are hereby stayed pending resolution
of the dispositive motions. The November 15, 2019 FPTC date will be
maintained on the calendar as a control date pending further order of
the Court. DE # 364 resolved. SO ORDERED. (Signed by Judge
Laura Taylor Swain on 3/12/2019) (ama) (Entered: 03/12/2019)
03/13/2019 368 JOINT LETTER MOTION for Extension of Time addressed to
and Christian Pistilli dated 3/13/2019. Document filed by 1st Fidelity
Capital Partners, Inc..(Di Marco, Roberto) (Entered: 03/13/2019)
03/13/2019 369 ORDER granting 368 Letter Motion for Extension of Time. SO
ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on
3/13/2019) (kv) (Entered: 03/13/2019)
03/13/2019 Set/Reset Deadlines: Responses due by 4/8/2019 Replies due by
4/29/2019. (kv) (Entered: 03/13/2019)
03/14/2019 370 ORDER: Accordingly, it is hereby ordered that Plaintiffs shall file
within seven (7) days of the date hereof a submission detailing its
basis for the sealed filing of the Exhibits, bearing in mind the general
presumption in favor of public access to judicial documents. See
Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir.
2006). If no timely submission is made, the Court will order the
relevant Exhibits unsealed without further advance notice. And as set
forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on
3/14/2019) (ama) (Entered: 03/14/2019)
Wick dated March 20, 2019 re: personal information in sealed exhibit
submitted in support of defendants' motion to exclude at ECF Doc.
No. 359-1. Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1
Attachment 1: Proposed Redactions - filed under seal, # 2 Attachment
2: Unredacted Version - filed under seal)(Wick, Robert) (Entered:
03/20/2019)
Marco dated March 21, 2019 re: Order requiring a submission
detailing the basis for the sealed filing of Exhibits. Document filed by
LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Exhibit Exhibit 1
- A.2.b. Letter, # 2 Exhibit Exhibit 2 - Hearing Transcript)(Di Marco,
Wick dated March 22, 2019 re: Plaintiffs' letter at ECF No. 372.
03/22/2019)
03/29/2019 374 JOINT LETTER MOTION for Extension of Time to the Opposition
and Reply Deadlines addressed to Judge Laura Taylor Swain from
Roberto L. DiMarco & Robert D. Wick dated March 29, 2019.
03/29/2019)
04/02/2019 375 ORDER: denying 355 Letter Motion for Leave to File Document.
Because Plaintiffs have not demonstrated that sealing of the Exhibits is
necessary to preserve higher values, or otherwise rebutted the
presumption of public access to judicial documents, Plaintiffs' request
to file the Exhibits under seal is denied, except to the extent that
Defendants seek redaction of the third-party financial account
numbers, addresses, and names listed in Attachments III, VII, and VIII
to the Andrien Report. The parties are hereby directed to file the
Exhibits (with the limited redactions approved above) on the public
docket in accordance with this Order by April 9, 2019. The unredacted
versions of Attachments III, VII and VIII to the Andrien Report shall
be filed under seal. This Order resolves docket entry no.355. SO
ORDERED. (Signed by Judge Laura Taylor Swain on 4/02/2019)
(ama) (Entered: 04/02/2019)
04/03/2019 376 ORDER: granting 374 Letter Motion for Extension of Time. The
requested extension of deadlines is Granted. SO ORDERED. (Signed
by Judge Laura Taylor Swain on 4/02/2019) (ama) (Entered:
04/03/2019)
04/03/2019 Set/Reset Deadlines: Responses due by 4/16/2019 Replies due by
5/7/2019. (ama) (Entered: 04/03/2019)
to Preclude Testimony of Jeffrey S. Andrien., 360 MOTION for Partial
Summary Judgment On Plaintiffs' Contract and Damages Claims..
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A-
Andrien Expert Report, # 2 Exhibit B- Baines Expert Report, # 3
Exhibit C- Courchane Exert Report, # 4 Exhibit 6- Courchane Expert
Report, # 5 Exhibit 18- Andrien Expert Report, # 6 Exhibit 22- Baines
Expert Report, # 7 Exhibit 27- Payne Expert Report, # 8 Exhibit 30-
Andrien Rebuttal Report, # 9 Exhibit 31- Payne Rebuttal Report)
(Pistilli, Christian) (Entered: 04/08/2019)
04/12/2019 379 LETTER MOTION for Extension of Time to the Opposition and
Reply Deadlines addressed to Judge Laura Taylor Swain from Roberto
L. Di Marco dated April 12, 2019. Document filed by 1st Fidelity
Capital Partners, Inc..(Di Marco, Roberto) (Entered: 04/12/2019)
04/15/2019 380 ORDER granting 379 LETTER MOTION for Extension of Time to
the Opposition and Reply Deadlines addressed to Judge Laura Taylor
Swain from Roberto L. Di Marco dated April 12, 2019. Document
Servicing, LLC, S & A Capital Partners, Inc. The requested extensions
are granted. So ordered. (Signed by Judge Laura Taylor Swain on
4/15/2019) (rjm) (Entered: 04/15/2019)
04/15/2019 Set/Reset Deadlines: Responses due by 4/19/2019. Replies due by
5/10/2019. (rjm) (Entered: 04/15/2019)
04/19/2019 382 CONSENT LETTER MOTION for Leave to File Certain Exhibits
Under Seal addressed to Judge Laura Taylor Swain from Robert D.
Wick dated April 19, 2019. Document filed by Chase Home Finance,
LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Wick,
Partial Summary Judgment on Liability as to Plaintiffs' Breach of
Contract Claims. . Document filed by Chase Home Finance, LLC.,
(Entered: 04/19/2019)
04/19/2019 385 RESPONSE re: 351 Rule 56.1 Statement . Document filed by Chase
Breach of Contract Claims.. Document filed by Chase Home Finance,
(Attachments: # 1 Exhibit 1: Kassem Deposition Excerpts, # 2 Exhibit
2: Schneider Deposition Ex. 122, # 3 Exhibit 3: Payne Deposition
Excerpts, # 4 Exhibit 4: Fox Deposition Excerpts, # 5 Exhibit 5:
Courchane Expert Report, # 6 Exhibit 6: Schneider Deposition Ex.
124, # 7 Exhibit 7: Schneider Deposition Excerpts, # 8 Exhibit 8:
12.11.2017 Schneider Declaration, # 9 Exhibit 9: 12.11.2017 Lord
Declaration, # 10 Exhibit 10: 10.22.2018 Pl.s Statement of Undisputed
Facts, # 11 Exhibit 11: Schneider Deposition Ex. 133, # 12 Exhibit 12:
Spreadsheet from Schneider to Guerrero, # 13 Exhibit 13: 12.4.2008
email chain, # 14 Exhibit 14: 1.26.2009 email chain, # 15 Exhibit 15:
8.20.2018 Pl.s Resp. to Defs. Statement of Undisputed Facts, # 16
Exhibit 16: 2.23.2009 email from Guerrero to Fox, # 17 Exhibit 17:
MLPA Ex. A - filed under seal, # 18 Exhibit 18: 1.16.2018 Solomon
Declaration, # 19 Exhibit 19: Solomon Deposition Excerpts, # 20
Exhibit 20: Schneider Deposition Ex. 139, # 21 Exhibit 21: 1.26.2010
email chain, # 22 Exhibit 22: Chase Post Charge Off Payment Data -
filed under seal, # 23 Exhibit 23: Bumpus Deposition Excerpts, # 24
Exhibit 24: 5.18.2017 Memo and Order, # 25 Exhibit 25: 7.14.2016
Memo and Order, # 26 Exhibit 26: Pls. Loan Performance Data - filed
under seal, # 27 Exhibit 27: Fourth Amended Complaint, # 28 Exhibit
28: Defs. Memo in Opp. to Pls. PI Mot., # 29 Exhibit 29: S&A and 1st
Fidelity Supp. Resp. to Defs. 3rd Set of Interrog., # 30 Exhibit 30:
Andrien Deposition Excerpts, # 31 Exhibit 31: Defs. 3rd Set of
Interrog. to MRS, # 32 Exhibit 32: Defs. 3rd Set of Interrog. to S&A
& 1st Fidelity, # 33 Exhibit 33: MRS Resp. to Defs. 3rd Set of
Interrog., # 34 Exhibit 34: S&A and 1st Fidelity Resp. to Defs. 3rd Set
of Interrog, # 35 Exhibit 35: MRS Supp. Resp. to Defs. 3rd Set of
Interrog., # 36 Exhibit 36: Schneider Deposition Ex. 131, # 37 Exhibit
37: Boyle Deposition Excerpts, # 38 Exhibit 38: Courchane
Deposition Excerpts, # 39 Exhibit 39: Promissory Note 1, # 40 Exhibit
40: Promissory Note 2, # 41 Exhibit 41: Andrien Expert Report, # 42
Exhibit 42: 3.17.2010 email chain, # 43 Exhibit 43: 12.5.2012 Kaseem
Letter to S&A, # 44 Exhibit 44: 12.5.2012 Kassem Letter to 1st
Fidelity, # 45 Exhibit 45: 6.15.2017 Schneider Declaration, # 46
Exhibit 46: 1.24.2013 email chain, # 47 Exhibit 47: Retraction Letters,
# 48 Exhibit 48: 12.4.2012 email chain, # 49 Exhibit 49: Adamovic
Deposition Excerpts, # 50 Exhibit 50: 9.25.2009 Chase Letter to 1st
Fidelity, # 51 Exhibit 51: Andrien Rebuttal Report)(Wick, Robert)
(Entered: 04/19/2019)
04/19/2019 387 COUNTER STATEMENT TO 362 Rule 56.1 Statement. Document
(Entered: 04/19/2019)
Partial Summary Judgment On Plaintiffs' Contract and Damages
Claims. . Document filed by 1st Fidelity Loan Servicing, LLC,
MOTION for Partial Summary Judgment On Plaintiffs' Contract and
Damages Claims.. Document filed by 1st Fidelity Loan Servicing,
Inc.. (Attachments: # 1 Exhibit Ex 1 - Schneider Depo, # 2 Exhibit Ex
2 - JPMC-MRS-00005337, # 3 Exhibit Ex 3 - JPMC-MRS-00000486,
# 4 Exhibit Ex 4 - JPMC-MRS-00000045, # 5 Exhibit Ex 5 - JPMC-
MRS-00006075, # 6 Exhibit Ex 6 - JPMC-MRS-00000677, # 7
Exhibit Ex 7 - JPMC-MRS-00000439, # 8 Exhibit Ex 8 - JPMC-MRS-
00000458, # 9 Exhibit Ex 9 - JPMC-MRS-00369033, # 10 Exhibit Ex
10 - Expert Report - Andrien, # 11 Exhibit Ex 11 - JPMC-MRS-
00005007, # 12 Exhibit Ex 12 - ECF 310, # 13 Exhibit Ex 13 - JPMC-
MRS-00003098, # 14 Exhibit Ex 14 - SA00277358, # 15 Exhibit Ex
15 - JPMC-MRS-00002079, # 16 Exhibit Ex 16 - JPMC-MRS-
00043503, # 17 Exhibit Ex 17 - JPMC-MRS-00024325, # 18 Exhibit
Ex 18 - Interrogatories Exhibit 5, # 19 Exhibit Ex 19 - JPMC-MRS-
00021453, # 20 Exhibit Ex 20 - ECF 262-3, # 21 Exhibit Ex 21 -
JPMC-MRS-00007926, # 22 Exhibit Ex 22 - JPMC-MRS-00002034, #
23 Exhibit Ex 23 - Solomon Depo, # 24 Exhibit Ex 24 - JPMC-MRS-
00113944, # 25 Exhibit Ex 25 - Payne Depo, # 26 Exhibit Ex 26 -
Axel Depo, # 27 Exhibit Ex 27 - JPMC-MRS-00007918, # 28 Exhibit
Ex 28 - JPMC-MRS-00000791, # 29 Exhibit Ex 29 - JPMC-MRS-
00003422, # 33 Exhibit Ex 33 - Expert Rebuttal - Payne, # 34 Exhibit
Ex 34 - Expert Report - Payne, # 35 Exhibit Ex 35 - JPMC-MRS-
00003022, # 39 Exhibit Ex 39 - ECF 292-4, # 40 Exhibit Ex 40 -
42 Exhibit Ex 42 - SA00277780, # 43 Exhibit Ex 43 - JPMC-MRS-
Ex 48 - Expert Report - Baines, # 49 Exhibit Ex 49 - SA00277863, #
50 Exhibit Ex 50 - JPMC-MRS-LOANFILES-00007306, # 51 Exhibit
Ex 51 - JPMC-MRS-00016274, # 52 Exhibit Ex 52 - SA00127495, #
53 Exhibit Ex 53 - JPMC-MRS-00001356, # 54 Exhibit Ex 54 -
56 Exhibit Ex 56 - Expert Report - Bumpus, # 57 Exhibit Ex 57 -
Lance Depo, # 58 Exhibit Ex 58 - JPMC-MRS-00155219, # 59
Exhibit Ex 59 - ECF 295 Answer to Fourth Amended Complaint, # 60
Exhibit Ex 60 - SA00236339, # 61 Exhibit Ex 61 - JPMC-MRS-
00017505, # 62 Exhibit Ex 62 - SA00190157, # 63 Exhibit Ex 63 -
65 Exhibit Ex 65 - JPMC-MRS-00009688, # 66 Exhibit Ex 66 -
SA00433958, # 67 Exhibit Ex 67 - JPMC-MRS-00013091, # 68
Exhibit Ex 68 - JPMC-MRS-00013098, # 69 Exhibit Ex 69 - JPMC-
MRS-00007489, # 70 Exhibit Ex 70 - JPMC-MRS-00014130, # 71
Exhibit Ex 71 - SA00433888, # 72 Exhibit Ex 72 - SA00433851, # 73
Exhibit Ex 75 - SA00007114, # 76 Exhibit Ex 76 - ECF 191-4, # 77
Exhibit Ex 77 - SA00423299, # 78 Exhibit Ex 78 - Appellate Brief and
Exhibits, # 79 Exhibit Ex 79 - Damstra Invoices - Legal Fees, # 80
Exhibit Ex 82 - ECF 202 Dec of Mike Zeeb to Oppo 189, # 83 Exhibit
Ex 83 - July 23, 2018 Letter, # 84 Exhibit Ex 84 - July 20, 2018 Letter,
# 85 Exhibit Ex 85 - SA00316950, # 86 Exhibit Ex 86 - SA00316995,
# 87 Exhibit Ex 87 - JPMC-MRS-00016232, # 88 Exhibit Ex 88 -
JPMC-MRS-00002142, # 89 Exhibit Ex 89 - SA00468717, # 90
Exhibit Ex 90 - Courchane Depo, # 91 Exhibit Ex 91 - May 10
Hearing Transcript, # 92 Exhibit Ex 92 - JPMC-MRS-00320925, # 93
Exhibit Ex 93 - Expert Report - Courchane, # 94 Exhibit Ex 94 -
SA00277670, # 95 Exhibit Ex 95 - ECF 191, # 96 Exhibit Ex 96 -
SA00257052)(Di Marco, Roberto) (Entered: 04/19/2019)
Preclude Testimony of Jeffrey S. Andrien. . Document filed by 1st
& A Capital Partners, Inc.. (Di Marco, Roberto) (Entered: 04/19/2019)
MOTION to Preclude Testimony of Jeffrey S. Andrien.. Document
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1
Exhibit Ex 1 - Expert Report - Andrien, # 2 Exhibit Ex 2 - Marr
Docket, # 3 Exhibit Ex 3 - Hearing Transcript, # 4 Exhibit Ex 4 -
Motion to Admit, # 5 Exhibit Ex 5 - 293 FAC, # 6 Exhibit Ex 6 - 363-
5 MLPA, # 7 Exhibit Ex 7 - Expert Report - Baines, # 8 Exhibit Ex 8 -
Expert Rebuttal - Andrien, # 9 Exhibit Ex 9 - Expert Report -
Courchane, # 10 Exhibit Ex 10 - Andrien Deposition)(Di Marco,
04/26/2019 392 SEALING ORDER: granting 382 Letter Motion for Leave to File
Document. UPON THE APPLICATION of movants, Defendant
JPMorgan Chase Bank, N.A., individually and as successor by merger
to Chase Home Finance LLC, and Defendant JPMorgan Chase & Co.,
for an order sealing Exhibits 17, 22, and 26 to the Declaration of
Christian J. Pistilli accompanying Defendants' April 19, 2019
Responses to Plaintiffs' Statement of Facts, and good cause to do so
having been found, it is hereby: ORDERED that these documents be
filed under seal. DE # 382 resolved. IT IS SO ORDERED. (Signed by
Judge Laura Taylor Swain on 4/26/2019) (ama) Transmission to
Sealed Records Clerk for processing. (Entered: 04/26/2019)
Contract Claims. . Document filed by 1st Fidelity Loan Servicing,
Inc.. (Di Marco, Roberto) (Entered: 05/10/2019)
05/10/2019 395 RESPONSE re: 385 Response and Counterstatement of Fact.
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Di Marco,
Preclude Testimony of Jeffrey S. Andrien. . Document filed by Chase
to Preclude Testimony of Jeffrey S. Andrien.. Document filed by Chase
N.A.. (Attachments: # 1 Exhibit A: Courchane Expert Report, # 2
Exhibit B: Andrien Deposition Excerpts, # 3 Exhibit C: Andrien
Expert Report, # 4 Exhibit D: 11.19.2008 email chain)(Wick, Robert)
(Entered: 05/10/2019)
05/10/2019 398 LETTER MOTION for Leave to File Certain Exhibits Under Seal
addressed to Judge Laura Taylor Swain from Robert D. Wick dated
May 10, 2019. Document filed by Chase Home Finance, LLC.,
(Entered: 05/10/2019)
Partners, Inc.. (Attachments: # 1 Exhibit Pl Ex 1 - 2018.03.07 Ltr to B.
Tantillo, # 2 Exhibit Pl Ex 2 - 05-10-2019 Email from Levitz to
Longo, # 3 Exhibit Pl Ex 3 - JPMC-MRS-LOANFILES-00007306, # 4
Exhibit Pl Ex 4 - Declaration of Laurence Schneider, # 5 Exhibit Pl Ex
5 - JPMC-MRS-00000045, # 6 Exhibit Pl Ex 6 - JPMC-MRS-
00006075, # 7 Exhibit Pl Ex 7 - JPMC-MRS-00000677, # 8 Exhibit Pl
Ex 8 - JPMC-MRS-00000439, # 9 Exhibit Pl Ex 9 - JPMC-MRS-
00002809, # 10 Exhibit Pl Ex 10 - Schneider Deposition, # 11 Exhibit
Pl Ex 11 - JPMC-MRS-00005335, # 12 Exhibit Pl Ex 12 - JPMC-
MRS-00005337, # 13 Exhibit Pl Ex 13 - ECF 292-4 MLPA, # 14
Exhibit Pl Ex 14 - JPMC-MRS-00369035, # 15 Exhibit Pl Ex 15 -
JPMC-MRS-00369491, # 16 Exhibit Pl Ex 16 - Payne Deposition, #
17 Exhibit Pl Ex 17 - FAS 114, # 18 Exhibit Pl Ex 18 - SA00277358, #
19 Exhibit Pl Ex 19 - SA00277863, # 20 Exhibit Pl Ex 20 - JPMC-
MRS-00010573, # 21 Exhibit Pl Ex 21 - JPMC-MRS-00009688, # 22
Exhibit Pl Ex 22 - JPMC-MRS-00005516, # 23 Exhibit Pl Ex 23 -
JPMC-MRS-00387338, # 24 Exhibit Pl Ex 24 - JPMC-MRS-
00019032, # 25 Exhibit Pl Ex 25 - JPMC-MRS-00002341, # 26
Exhibit Pl Ex 26 - Exhibit 29 R. Adamovic, # 27 Exhibit Pl Ex 27 -
Supplemental Interrogatory Response Exhibit 5, # 28 Exhibit Pl Ex 28
- SA00433932, # 29 Exhibit Pl Ex 29 - SA00236339, # 30 Exhibit Pl
Ex 30 - JPMC-MRS-00017505, # 31 Exhibit Pl Ex 31 - JPMC-MRS-
00043503, # 32 Exhibit Pl Ex 32 - JPMC-MRS-00024325)(Di Marco,
Partial Summary Judgment On Plaintiffs' Contract and Damages
Claims. . Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered:
05/10/2019)
05/10/2019 402 RESPONSE re: 387 Counter Statement to Rule 56.1 . Document filed
for Partial Summary Judgment On Plaintiffs' Contract and Damages
Claims.. Document filed by Chase Home Finance, LLC., JPMorgan
1: Schneider Deposition Ex. 122, # 2 Exhibit 2: Payne Deposition
Excerpts, # 3 Exhibit 3: Fox Deposition Excerpts, # 4 Exhibit 4:
Courchane Expert Report, # 5 Exhibit 5: Schneider Deposition Ex.
124, # 6 Exhibit 6: Schneider Deposition Excerpts, # 7 Exhibit 7:
11.11.2008 email chain, # 8 Exhibit 8: Schneider Deposition Ex. 133,
# 9 Exhibit 9: 11.6.2008 email from Guerrero to Fox, # 10 Exhibit 10:
Spreadsheet from Schneider to Guerrero, # 11 Exhibit 11: MLPA Ex.
A - filed under seal, # 12 Exhibit 12: 6.22.2017 Solomon Declaration,
# 13 Exhibit 13: Solomon Deposition Excerpts, # 14 Exhibit 14:
Schneider Deposition Ex. 139, # 15 Exhibit 15: 1.26.2010 email chain,
# 16 Exhibit 16: Chase Post Charge Off Payment Data - filed under
seal, # 17 Exhibit 17: Bumpus Deposition Excerpts, # 18 Exhibit 18:
5.18.2017 Memo and Order, # 19 Exhibit 19: 7.14.2016 Memo and
Order, # 20 Exhibit 20: Pls. Loan Performance Data - filed under seal,
# 21 Exhibit 21: Chase Post Charge Off Payment Data - filed under
seal, # 22 Exhibit 22: 6.15.2017 Schneider Declaration Ex. 6, # 23
Exhibit 23: Pls. Loan Performance Data - filed under seal, # 24 Exhibit
24: 1.24.2013 email chain, # 25 Exhibit 25: 12.4.2012 email chain, #
26 Exhibit 26: Fourth Amended Complaint, # 27 Exhibit 27: MRS
Supp. Resp. to Defs. 3rd Set of Interrog., # 28 Exhibit 28: 12.5.2012
Kaseem Letter to S&A, # 29 Exhibit 29: 12.5.2012 Kassem Letter to
1st Fidelity, # 30 Exhibit 30: S&A and 1st Fidelity Supp. Resp. to
Defs. 3rd Set of Interrog., # 31 Exhibit 31: Andrien Deposition
Excerpts)(Wick, Robert) (Entered: 05/10/2019)
05/13/2019 404 LETTER MOTION for Leave to File Excess Pages re: 394 Reply
Memorandum of Law addressed to Judge Laura Taylor Swain from
Roberto L. Di Marco dated May 13, 2019. Document filed by 1st
& A Capital Partners, Inc..(Di Marco, Roberto) (Entered: 05/13/2019)
05/13/2019 406 LETTER addressed to Judge Laura Taylor Swain from Philip J. Levitz
dated May 13, 2019 re: Request for Withdrawal of Appearance.
Co., JPMorgan Chase Bank, N.A..(Levitz, Philip) (Entered:
05/13/2019)
Swain from Robert D. Wick dated May 14, 2019 re: 404 LETTER
MOTION for Leave to File Excess Pages re: 394 Reply Memorandum
of Law addressed to Judge Laura Taylor Swain from Roberto L. Di
Marco dated May 13, 2019. . Document filed by Chase Home Finance,
05/15/2019 408 ORDER: granting 404 Letter Motion for Leave to File Excess Pages.
The requested page limit extension is Granted, nunc pro tunc. DE #
404 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain
on 5/15/2019) (ama) (Entered: 05/15/2019)
05/15/2019 409 SEALING ORDER: granting 398 Letter Motion for Leave to File
Document. ORDERED that these documents be filed under seal. DE #
398 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain
on 5/15/2019) (ama) Transmission to Sealed Records Clerk for
processing. (Entered: 05/15/2019)
05/16/2019 410 ENDORSED LETTER addressed to Judge Laura Taylor Swain from
Philip J. Levitz dated 5/13/2019 re: removing my individual
appearance from the docket and from the ECF distribution list for this
action. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge
Robert W. Lehrburger on 5/16/2019) (rsh) Transmission to Docket
Assistant Clerk for processing. (Entered: 05/16/2019)
06/18/2019 412 LETTER MOTION for Local Rule 37.2 Conference addressed to
dated June 18, 2019. Document filed by 1st Fidelity Loan Servicing,
Inc.. (Attachments: # 1 Exhibit Exhibit A - 6-4-19 letter, # 2 Exhibit
Exhibit B - 6-11-19 letter)(Di Marco, Roberto) (Entered: 06/18/2019)
to 412 LETTER MOTION for Local Rule 37.2 Conference addressed
to Magistrate Judge Robert W. Lehrburger from Roberto L. Di Marco
dated June 18, 2019. addressed to Magistrate Judge Robert W.
Lehrburger from Christian J. Pistilli dated June 19, 2019. Document
JPMorgan Chase Bank, N.A..(Pistilli, Christian) (Entered: 06/19/2019)
Robert W. Lehrburger from Roberto L. Di Marco dated June 19, 2019
re: 413 LETTER MOTION for Extension of Time to File
Response/Reply as to 412 LETTER MOTION for Local Rule 37.2
Conference addressed to Magistrate Judge Robert W. Lehrburger from
Roberto L. Di Marco dated June 18, 2019. addressed to Magistrate
Judge Robert W. Lehrburger. Document filed by 1st Fidelity Loan
Response/Reply re 412 LETTER MOTION for Local Rule 37.2
Roberto L. Di Marco dated June 18, 2019. Responses due by
6/25/2019. SO ORDERED. (Signed by Magistrate Judge Robert W.
Lehrburger on 6/19/2019) (rro) (Entered: 06/19/2019)
Magistrate Judge Robert W. Lehrburger from Christian J. Pistilli dated
June 24, 2019 re: 412 LETTER MOTION for Local Rule 37.2
Roberto L. Di Marco dated June 18, 2019. . Document filed by Chase
N.A.. (Attachments: # 1 Exhibit A - 2017-12-04 Letter from C. Pistilli
to B. Tantillo)(Pistilli, Christian) (Entered: 06/24/2019)
06/24/2019 417 SCHEDULING ORDER: Telephone Conference set for 6/25/2019 at
10:00 AM before Magistrate Judge Robert W. Lehrburger. The parties
shall call the teleconference line at (888)-398-2342 and enter access
code: 9543348. (Signed by Magistrate Judge Robert W. Lehrburger on
6/24/2019) (rsh) (Entered: 06/24/2019)
Lehrburger: Telephone Conference held on 6/25/2019 at 10:00 a.m.
(rsh) (Entered: 06/25/2019)
06/25/2019 418 ORDER denying [Dkt No. 412]: Today, the Court held a telephonic
conference on Plaintiffs' letter motion seeking additional discovery
(Dkt. No. 412). For the reasons discussed during the conference,
Plaintiffs' motion is denied. (SO ORDERED by Magistrate Judge
Robert W. Lehrburger) (Entered: 06/25/2019)
08/21/2019 419 ORDER: Plaintiffs are hereby directed to provide, no later than August
30, 2019, unredacted courtesy copies of all exhibits filed under seal in
connection with the parties' October 22, 2018, and March 8, 2019,
motions for partial summary judgment. Plaintiffs must also file by
September 6, 2019, a submission detailing the basis for the continued
sealed filing of these exhibits, bearing in mind the general
presumption in favor of public access to judicial documents, see
Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir.
2006), and stating whether the request is on consent and, if not, the
substance of any opposing position(s). (As further set forth in this
Order.) (Signed by Judge Laura Taylor Swain on 8/21/2019) (cf)
(Entered: 08/21/2019)
Marco dated September 6, 2019 re: Order of the Court, Docket No.
Marco dated September 9, 2019 re: Letter Dated September 6, 2019.
09/25/2019 422 ORDER: The Court has received and reviewed a disc containing
courtesy copies of the parties' proposed redactions. The Court grants
Plaintiff's September 6, 2019, request (see docket entry no. 420) to
redact the exhibits marked "Unseal with Redaction" in the list below.
Plaintiffs are directed to re-file on the public docket corrected versions
of docket entry nos. 324, 344, 353, 389, and 400, containing unsealed
and/or redacted exhibits consistent with this Order and the redactions
displayed in the courtesy copy provided to the Court, no later than
September 30, 2019. Plaintiffs must also submit, for sealed filing, an
unredacted version of each redacted exhibit to the Clerk of Court. And
as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor
Swain on 9/25/2019) (ama) Transmission to Sealed Records Clerk for
processing. (Entered: 09/25/2019)
Contract Claims filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc., 301
Fraud, and Negligent Misrepresentation Claims filed by JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A., 357 MOTION to Preclude
Testimony of Jeffrey S. Andrien filed by JPMorgan Chase & Co.,
JPMorgan Chase Bank, N.A., Chase Home Finance, LLC., 360
Damages Claims filed by JPMorgan Chase & Co., JPMorgan Chase
Bank, N.A., Chase Home Finance, LLC., 321 MOTION for Partial
Summary Judgment filed by Mortgage Resolution Servicing, LLC. For
the foregoing reasons, Chase's July 2018 motion for partial summary
judgment is granted to the extent that it seeks dismissal of MRS's
breach of contract, fraud, and negligent misrepresentation claims as
time-barred, and to the extent that it seeks to dismiss Plaintiffs' claim
for punitive damages. Chase's March 2019 motion for partial summary
judgment on Plaintiffs' contract and damages claims is granted with
respect to Plaintiffs' remaining breach of contract claims, including
Plaintiffs' claim for disgorgement. In light of those determinations, the
Court grants Chase's March 2019 motion to exclude the testimony of
Jeffrey S. Andrien, and denies as moot MRS's October 2018 motion
for partial summary judgment on its fraud and negligent
misrepresentation claims, as well as Plaintiffs' March 2019 motion for
partial summary judgment with respect to any time-barred breach of
contract claims. Plaintiffs' March 2019 motion for partial summary
judgment on any remaining breach of contract claims is denied. The
Clerk of Court is respectfully requested to enter judgment accordingly
and to close this case. This Memorandum Opinion and Order resolves
docket entry nos. 301, 321, 350, 357, and 360. SO ORDERED.
(Signed by Judge Laura Taylor Swain on 9/27/2019) (ama)
Transmission to Orders and Judgments Clerk for processing. (Entered:
09/27/2019)
MOTION for Partial Summary Judgment .. Document filed by 1st
& A Capital Partners, Inc.. (Attachments: # 1 Exhibit Audit Report
2011, # 2 Exhibit Deposition of Solomon, # 3 Exhibit Deposition of
Fox, # 4 Exhibit Deposition of Kassem, # 5 Exhibit Deposition of
Boyle, # 6 Exhibit Boyle Email 7-30-12, # 7 Exhibit Barbieri Email 1-
7-14, # 8 Exhibit Campos Loan File, # 9 Exhibit Note Sale Procedure,
# 10 Exhibit Expert Report of Payne, # 11 Exhibit Brown Email 11-3-
08, # 12 Exhibit Richmond Email 11-30-08, # 13 Exhibit Brown Email
11-5-08, # 14 Exhibit WAMU Purchase and Assumption Agreement, #
15 Exhibit Recovery One ROI, # 16 Exhibit Certification of Boyle 10-
31-14, # 17 Exhibit Certification of Boyle 8-6-15, # 18 Exhibit
Certification of Boyle 11-17-15, # 19 Exhibit Declaration of Schneider
Dkt 262-3, # 20 Exhibit Expert Report of Andrien, # 21 Exhibit
Deposition of McGrane, # 22 Exhibit Recovery Dept Training
Curriculum, # 23 Exhibit Deposition of Iacono, # 24 Exhibit
Deposition of Axel, # 25 Exhibit Expert Report of Bumpus, # 26
Exhibit Guerrero Email 10-22-08, # 27 Exhibit Solomon Email 2-17-
10 with View Activity Page, # 28 Exhibit Guerrero Email 9-16-08, #
29 Exhibit Fox Email 10-30-08, # 30 Exhibit Guerrero Email 10-14-
08, # 31 Exhibit Guerrero Email 10-20-08, # 32 Exhibit Guerrero
Email 10-29-08, # 33 Exhibit Fox Email 10-29-08, # 34 Exhibit
Exhibit PSECDP Sale Spreadsheet, # 37 Exhibit Guerrero Email 11-5-
08, # 38 Exhibit Guerrero Email 11-5-08, # 39 Exhibit Deposition of
Schneider, # 40 Exhibit Schneider Email 11-17-09, # 41 Exhibit
Declaration of Schneider Dkt 310, # 42 Exhibit Deposition of
Schneider Ex 129 Guerrero Email 11-19-08, # 43 Exhibit Guerrero
Email 11-6-08, # 44 Exhibit Guerrero Email 11-11-08, # 45 Exhibit
Schneider Email 11-13-08, # 46 Exhibit Fox Email 11-19-08, # 47
Exhibit Guerrero Email 12-22-08, # 48 Exhibit Guerrero Email 12-23-
08, # 49 Exhibit Guerrero Email 12-2-08, # 50 Exhibit Oquendo Email
1-6-09, # 51 Exhibit MLPA Exhibit A, # 52 Exhibit Schneider Email
1-26-09, # 53 Exhibit Guerrero Email 1-5-09, # 54 Exhibit Schneider
Email 1-5-09, # 55 Exhibit Paxton Email 1-15-09, # 56 Exhibit
Guerrero Email 2-4-09, # 57 Exhibit Draft MLPA, # 58 Exhibit
Schneider Email 2-4-09, # 59 Exhibit Guerrero Email 2-9-09, # 60
Exhibit Fox Email 2-9-09, # 61 Exhibit Guerrero Email 2-23-09, # 62
Exhibit Executed MLPA Dkt 292-4, # 63 Exhibit Guerrero Email 3-
23-09, # 64 Exhibit FAC Exhibit 1 Dkt 292-1, # 65 Exhibit
Tommasiello Loan Files, # 66 Exhibit Solomon Email 12-18-09, # 67
Exhibit Solomon Email 12-29-09, # 68 Exhibit Frederick Collection
Letter, # 69 Exhibit 2nd Lien Credit Initiative, # 70 Exhibit DOJ
Extinguishment Program Proposal, # 71 Exhibit Supplemental
Interrogatory Response Exhibit 5, # 72 Exhibit Deposition of Lance, #
73 Exhibit Walk Population Lien Release, # 74 Exhibit Deposition of
McGrane Exhibit 30, # 75 Exhibit Kassem Email 3-1-13, # 76 Exhibit
Solomon Email 5-29-13, # 77 Exhibit Schneider Declaration Dkt 191,
# 78 Exhibit Guerrero Email 2-25-09, # 79 Exhibit Paxton Email 3-10-
MOTION for Partial Summary Judgment .. Document filed by 1st
& A Capital Partners, Inc.. (Attachments: # 1 Exhibit Schneider
Deposition, # 2 Exhibit HSBC Contract, # 3 Exhibit HSBC Letter of
Recomendation, # 4 Exhibit Email Guerrero 10.08.08, # 5 Exhibit
Email Guerrero 6.11.08, # 6 Exhibit Email Guerrero 8.28.08, # 7
Exhibit Email Guerrero 9.5.08, # 8 Exhibit Email Guerrero 11.14.08, #
9 Exhibit Email Guerrero 11.19.08, # 10 Exhibit Email Guerrero
262-3 Schneider Declaration)(Di Marco, Roberto) (Entered:
09/30/2019)
09/30/2019 426 CLERK'S JUDGMENT re: 423 Memorandum & Opinion. in favor of
Chase Bank, N.A. against 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc. It is hereby
ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Memorandum Opinion and Order dated
September 27, 2019, Chases July 2018 motion for partial summary
judgment is granted to the extent that it seeks dismissal of MRS's
breach of contract, fraud, and negligent misrepresentation claims as
time-barred and to the extent that it seeks to dismiss Plaintiffs' claim
for punitive damages; Chase's March 2019 motion for partial summary
judgment on Plaintiffs' contract and damages claims is granted with
respect to Plaintiffs' remaining breach of contract claims, including
Plaintiffs' claim for disgorgement; in light of those determinations,
Chase's March 2019 motion to exclude the testimony of Jeffrey S.
Andrien is granted, and MRSs October 2018 motion for partial
summary judgment on its fraud and negligent misrepresentation claim,
as well as Plaintiffs' March 2019 motion for partial summary judgment
with respect to any time-barred breach of contract claims are denied as
moot; Plaintiffs' March 2019 motion for partial summary judgment on
any remaining breach of contract claims is denied; accordingly, this
case is closed. (Signed by Clerk of Court Ruby Krajick on 09/30/2019)
(Attachments: # 1 Notice of Right to Appeal)(dt) (Entered:
09/30/2019)
Partners, Inc.. (Attachments: # 1 Exhibit Audit Department Report, # 2
Exhibit Solomon Deposition, # 3 Exhibit Fox Deposition, # 4 Exhibit
Kassem Deposition, # 5 Exhibit Boyle Deposition, # 6 Exhibit Paxton
Email July 31, 2012, # 7 Exhibit Barbieri Email January 7, 2014, # 8
Exhibit Campos loan files, # 9 Exhibit Note Sale Procedure, # 10
Exhibit Payne Expert Report, # 11 Exhibit Fox Email November 4,
2008, # 12 Exhibit Richmond Email October 30, 2008, # 13 Exhibit
Guerrero Email November 5, 2008, # 14 Exhibit Purchase and
Assumption Agreement, # 15 Exhibit Return on Investment Overview,
# 16 Exhibit Certification of Lien Release, # 17 Exhibit August Boyle
Certification, # 18 Exhibit November Boyle Certification, # 19 Exhibit
ECF 262-3 Schneider Declaration, # 20 Exhibit Andrien Expert
Report, # 21 Exhibit MASTER MORTGAGE LOAN SALE
AGREEMENT, # 22 Exhibit MASTER MORTGAGE LOAN SALE
AGREEMENT, # 23 Exhibit Iacino Deposition, # 24 Exhibit McGrane
Deposition, # 25 Exhibit Payne Deposition, # 26 Exhibit Axel
Deposition, # 27 Exhibit Bumpus Expert Report, # 28 Exhibit
Guerrero Email October 22, 2008, # 29 Exhibit Solomon Email
February 17, 2010, # 30 Exhibit Guerrero Email September 16, 2008,
# 31 Exhibit Fox Email October 30, 2008, # 32 Exhibit Guerrero
Email October 29, 2008, # 33 Exhibit Guerrero Email October 30,
2008, # 34 Exhibit Guerrero Email November 4, 2008, # 35 Exhibit
Spreadsheet, # 36 Exhibit Guerrero Email November 5, 2008, # 37
Exhibit Schneider Email November 6, 2008, # 38 Exhibit Guerrero
Email November 6, 2008, # 39 Exhibit Fox Email November 11, 2008,
# 40 Exhibit Schneider Email November 13, 2008, # 41 Exhibit Fox
Email November 19, 2008, # 42 Exhibit Schneider Deposition, # 43
Exhibit Payne Rebuttal Report, # 44 Exhibit Oquendo Email January
6, 2009, # 45 Exhibit Cashiers Check, # 46 Exhibit Guerrero Email
December 23, 2008, # 47 Exhibit Guerrero Email January 5, 2009, #
48 Exhibit Schneider Email January 5, 2009, # 49 Exhibit Guerrero
Email February 4, 2009, # 50 Exhibit Draft MLPA, # 51 Exhibit
Schneider Email February 4, 2009, # 52 Exhibit Guerrero Email
February 9, 2009, # 53 Exhibit Fox Email February 9, 2009, # 54
Exhibit Guerrero Email February 23, 2009, # 55 Exhibit ECF 292-4
MLPA, # 56 Exhibit Guerrero Email February 25, 2009, # 57 Exhibit
Paxton Email March 10, 2009, # 58 Exhibit Guerrero Email March 16,
2009, # 59 Exhibit Schneider Email March 17, 2009, # 60 Exhibit
Guerrero Email March 18, 2009, # 61 Exhibit Guerrero Email March
23, 2009, # 62 Exhibit Guerrero Email March 23, 2009, # 63 Exhibit
Baines Expert Report, # 64 Exhibit ECF 310 Schneider Declaration, #
65 Exhibit ECF 292-1 Loans sold to SA_FF, # 66 Exhibit
Tommasiello Loan File, # 67 Exhibit MLPA Exhibit A, # 68 Exhibit
Guerrero Email March 19, 2009, # 69 Exhibit Solomon Email
December 18, 2009, # 70 Exhibit Solomon Email December 29, 2009,
# 71 Exhibit Fells letter, # 72 Exhibit Kassem Email October 1, 2012,
# 73 Exhibit Lossow Fax, # 74 Exhibit Solomon Email May 29, 2013,
# 75 Exhibit 2nd Lien Credit Initiative Concept Design, # 76 Exhibit
DOJ Extinguishment Program Proposal, # 77 Exhibit Interrogatories
Exhibit 5, # 78 Exhibit Lance Deposition, # 79 Exhibit Walk
Population Lien Release, # 80 Exhibit ECF 295 Answer to the Fourth
Amended Complaint, # 81 Exhibit McGrane Deposition Exhibit 30, #
82 Exhibit Ahmed Answer, # 83 Exhibit Schneider Email December 5,
2012, # 84 Exhibit Pries Loan Files, # 85 Exhibit Recovery Review
Worksheet, # 86 Exhibit Kevorkyants Email, # 87 Exhibit McGrane
Email January 22, 2010, # 88 Exhibit Solomon Email December 15,
2010, # 89 Exhibit ECF 202 Zeeb Declaration, # 90 Exhibit Di Marco
letter July 23, 2018, # 91 Exhibit Pistilli letter July 20, 2018, # 92
Exhibit MRS Transaction Detail, # 93 Exhibit Courchane Deposition,
# 94 Exhibit Courchane Expert Report, # 95 Exhibit Kassem Email
March 1, 2013, # 96 Exhibit Solomon Email May 30, 2013, # 97
Exhibit Solomon Email August 15, 2013, # 98 Exhibit ECF 191
Schneider Declaration)(Di Marco, Roberto) (Entered: 09/30/2019)
Damages Claims.. Document filed by 1st Fidelity Loan Servicing,
Inc.. (Attachments: # 1 Exhibit Schneider Depo, # 2 Exhibit JPMC-
MRS-00005337, # 3 Exhibit JPMC-MRS-00000486, # 4 Exhibit
JPMC-MRS-00000045, # 5 Exhibit JPMC-MRS-00006075, # 6
Exhibit JPMC-MRS-00000677, # 7 Exhibit JPMC-MRS-00000439, #
8 Exhibit JPMC-MRS-00000458, # 9 Exhibit JPMC-MRS-00369033,
# 10 Exhibit Expert Report - Andrien, # 11 Exhibit JPMC-MRS-
00005007, # 12 Exhibit ECF 310, # 13 Exhibit JPMC-MRS-
00003098, # 14 Exhibit SA00277358, # 15 Exhibit JPMC-MRS-
00002079, # 16 Exhibit JPMC-MRS-00043503, # 17 Exhibit JPMC-
MRS-00024325, # 18 Exhibit Interrogatories Exhibit 5, # 19 Exhibit
JPMC-MRS-00021453, # 20 Exhibit ECF 262-3, # 21 Exhibit JPMC-
Solomon depo, # 24 Exhibit JPMC-MRS-00113944, # 25 Exhibit
Payne Depo, # 26 Exhibit Axel depo, # 27 Exhibit JPMC-MRS-
Exhibit Expert Rebuttal - Payne, # 34 Exhibit Expert Report - Payne, #
35 Exhibit JPMC-MRS-00001041, # 36 Exhibit JPMC-MRS-
MRS-00003022, # 39 Exhibit ECF 292-4, # 40 Exhibit JPMC-MRS-
00369108, # 41 Exhibit JPMC-MRS-00002809, # 42 Exhibit
SA00277780, # 43 Exhibit JPMC-MRS-00000562, # 44 Exhibit
48 Exhibit Expert Report - Baines, # 49 Exhibit SA00277863, # 50
Exhibit JPMC-MRS-LOANFILES-00007306, # 51 Exhibit JPMC-
MRS-00016274, # 52 Exhibit SA00127495, # 53 Exhibit JPMC-MRS-
MRS-00096383, # 56 Exhibit Expert Report - Bumpus, # 57 Exhibit
Lance Depo, # 58 Exhibit JPMC-MRS-00155219, # 59 Exhibit ECF
295 Answer to Fourth Amended Complaint, # 60 Exhibit
Exhibit SA00433958, # 67 Exhibit JPMC-MRS-00013091, # 68
70 Exhibit JPMC-MRS-00014130, # 71 Exhibit SA00433888, # 72
Exhibit SA00433851, # 73 Exhibit SA00433866, # 74 Exhibit
SA00434123, # 75 Exhibit SA00007114, # 76 Exhibit ECF 191-4, #
77 Exhibit SA00423299, # 78 Exhibit Appellate Brief and Exhibits, #
79 Exhibit Damstra Invoices - Legal Fees, # 80 Exhibit SA00114473,
# 81 Exhibit SA00433932, # 82 Exhibit ECF 202 Dec of Mike Zeeb to
Oppo 189, # 83 Exhibit July 23, 2018 Letter, # 84 Exhibit July 20,
2018 Letter, # 85 Exhibit SA00316950, # 86 Exhibit SA00316995, #
00002142, # 89 Exhibit SA00468717, # 90 Exhibit Courchane Depo, #
91 Exhibit May 10 Hearing Transcript, # 92 Exhibit JPMC-MRS-
00320925, # 93 Exhibit Expert Report - Courchane, # 94 Exhibit
SA00277670, # 95 Exhibit ECF 191, # 96 Exhibit SA00257052)(Di
Partners, Inc.. (Attachments: # 1 Exhibit 2018.03.07 Ltr to B. Tantillo,
# 2 Exhibit 05-10-2019 Email from Levitz to Longo, # 3 Exhibit Pl Ex
3, # 4 Exhibit Declaration of Laurence Schneider, # 5 Exhibit JPMC-
MRS-00000045, # 6 Exhibit Pl Ex 6, # 7 Exhibit JPMC-MRS-
MRS-00002809, # 10 Exhibit Schneider Deposition, # 11 Exhibit
Exhibit ECF 292-4 MLPA, # 14 Exhibit Pl Ex 14, # 15 Exhibit JPMC-
MRS-00369491, # 16 Exhibit Payne Deposition, # 17 Exhibit FAS
114, # 18 Exhibit Pl Ex 18, # 19 Exhibit SA00277863, # 20 Exhibit Pl
Ex 20, # 21 Exhibit Pl Ex 21, # 22 Exhibit Pl Ex 22, # 23 Exhibit Pl
Ex 23, # 24 Exhibit Pl Ex 24, # 25 Exhibit JPMC-MRS-00002341, #
26 Exhibit Exhibit 29 R. Adamovic, # 27 Exhibit Pl Ex 27, # 28
Exhibit Pl Ex 28, # 29 Exhibit SA00236339, # 30 Exhibit Pl Ex 30, #
10/11/2019 430 MOTION for Reconsideration , Notice of Motion for Partial
Reconsideration. Document filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc..(Di
10/11/2019 431 MOTION for Reconsideration re; 423 Memorandum & Opinion,,,,,,,,
Memorandum in support of Partial Reconsideration as to post
December 24, 2009 damages. Document filed by 1st Fidelity Loan
Partners, Inc..(Di Marco, Roberto) (Entered: 10/11/2019)
to 431 MOTION for Reconsideration re; 423 Memorandum &
Opinion,,,,,,,, Memorandum in support of Partial Reconsideration as
to post December 24, 2009 damages. addressed to Judge Laura Taylor
Swain from Robert D. Wick dated October 16, 2019. Document filed
Response/Reply re 432 LETTER MOTION for Extension of Time to
File Response/Reply as to 431 MOTION for Reconsideration re; 423
Memorandum & Opinion Memorandum in support of Partial
Reconsideration as to post December 24, 2009 damages. The
requested extension is Granted. DE # 432 resolved. SO ORDERED.
Responses due by 11/1/2019. (Signed by Judge Laura Taylor Swain on
10/16/2019) (ama) (Entered: 10/17/2019)
10/28/2019 434 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER
ERROR - NOTICE OF APPEAL from 426 Clerk's Judgment, 423
Memorandum & Opinion. Document filed by 1st Fidelity Loan
Partners, Inc. Form C and Form D are due within 14 days to the Court
of Appeals, Second Circuit. (Di Marco, Roberto) Modified on
10/29/2019 (tp). (Entered: 10/28/2019)
APPEAL. Notice to attorney Di Marco, Roberto to RE-FILE
Document No. 434 Notice of Appeal. The filing is deficient for the
following reason(s): not all filer/filers selected for the appeal
match the filer/filer listed on the pdf. Re-file the appeal using the
event type Corrected Notice of Appeal found under the event list
Appeal Documents - attach the correct signed PDF - select the
correct named filer/filers - select the correct order/judgment being
appealed. (tp) (Entered: 10/29/2019)
10/29/2019 435 CORRECTED NOTICE OF APPEAL re: 434 Notice of Appeal, 426
Clerk's Judgment,,,,,, 423 Memorandum & Opinion,,,,,,,,. Document
(Entered: 10/29/2019)
10/29/2019 Appeal Fee Due: for 435 Corrected Notice of Appeal. Appeal fee due
by 11/12/2019. (tp) (Entered: 10/29/2019)
10/29/2019 Transmission of Notice of Appeal and Certified Copy of Docket Sheet
to US Court of Appeals re: 435 Corrected Notice of Appeal. (tp)
(Entered: 10/29/2019)
10/29/2019 Appeal Record Sent to USCA (Electronic File). Certified Indexed
record on Appeal Electronic Files for 435 Corrected Notice of Appeal,
Servicing, LLC, S & A Capital Partners, Inc. were transmitted to the
U.S. Court of Appeals. (tp) (Entered: 10/29/2019)
11/01/2019 436 RESPONSE in Opposition to Motion re: 431 MOTION for
Reconsideration re; 423 Memorandum & Opinion,,,,,,,, Memorandum
in support of Partial Reconsideration as to post December 24, 2009
damages. . Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered:
11/01/2019)
11/07/2019 Appeal Fee Payment: for 435 Corrected Notice of Appeal,. Filing fee
$ 505.00, receipt number ANYSDC-17918948. (Di Marco, Roberto)
(Entered: 11/07/2019)
11/07/2019 USCA Case Number 19-3598 from the U.S. Court of Appeals, 2nd
Circ. assigned to 435 Corrected Notice of Appeal filed by 1st Fidelity
Capital Partners, Inc.. (nd) (Entered: 11/07/2019)
Reconsideration re; 423 Memorandum & Opinion,,,,,,,, Memorandum
in support of Partial Reconsideration as to post December 24, 2009
damages. . Document filed by 1st Fidelity Loan Servicing, LLC,
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Mortgage Resolution Servicing, LLC et al v. Date Filed: 01/15/2015

Gary Frederick Eisenberg

Helen Davis Chaitman

Jennifer Martin Foster

Mary Jane Fait

Michael Vito Longo

Roberto Luigi Di Marco

Gary Frederick Eisenberg

Helen Davis Chaitman

Mary Jane Fait

Michael Vito Longo

Roberto Luigi Di Marco

Gary Frederick Eisenberg

Helen Davis Chaitman

Jennifer Martin Foster

Mary Jane Fait

Michael Vito Longo

Roberto Luigi Di Marco

Kristin Elizabeth Hucek

Kristin Elizabeth Hucek

Kristin Elizabeth Hucek

Daniel Anthony Johnson

Glen Arthur Silverstein

Daniel Anthony Johnson

Glen Arthur Silverstein

Daniel Anthony Johnson

Glen Arthur Silverstein

Date Filed # Docket Text

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