MRS V JPMC 15-00293 Docket As of 2.1.21

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CLOSED,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. JPMorgan Chase Date Filed: 01/15/2015

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 Racketeer/Corrupt
Case in other court: U.S. Court of Appeals, 2nd Circ., 19-03598 Organization
State Court Supreme, 653955/2014 Jurisdiction: Federal Question
Cause: 28:1331 Fed. Question
Plaintiff
Mortgage Resolution Servicing, LLC represented by Brent Steven Tantillo
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, LLP
850 10th Street NW
Washington DC, DC 20001
202-662-6000
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
Covington & Burling, L.L.P. (DC)
One City Center, 850 10th Street NW
(212) 662-6000
Fax: (212) 662-6091
Email: cpistilli@cov.com
Kristin Elizabeth Hucek

(202)-662-5199
Email: khucek@cov.com
Michael M. Maya
(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 Levitz
NYS Office of The Attorney General
28 Liberty Street
New York, NY 10005
212-416-6325
Email: philip.levitz@ag.ny.gov
Defendant
Chase Home Finance, LLC. represented by Robert D. Wick
LEAD ATTORNEY
PRO HAC VICE
Andrew Soukup

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

Michael M. Maya
Philip Levitz
Miscellaneous
Nationwide Title Clearing, Inc. represented by Anant Kumar
110 West 86th Street
Ste 2e
New York, NY 10024
240-328-0263
Email: anant.x.kumar@gmail.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 Finance, LLC., JPMorgan Chase &
Co., JPMorgan Chase Bank, N.A..(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)
filed by 1st Fidelity Loan Servicing, LLC.(Eisenberg, Gary) (Entered: 02/09/2015)
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 $ 200.00, receipt
JPMorgan 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 $ 200.00, receipt
JPMorgan 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)
21 MOTION for Kristen E. Hucek to Appear Pro Hac Vice . Filing fee $ 200.00,
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, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, 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.
Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing,
LLC, S & A Capital Partners, Inc..(Eisenberg, Gary) (Entered: 03/11/2015)
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.(Eisenberg, Gary) (Entered: 03/31/2015)
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)
04/17/2015 29 LETTER addressed to Judge Laura Taylor Swain from Gary F. Eisenberg dated
04/17/2015 re: Preliminary Pre-Trial Statement. Document filed by 1st Fidelity Loan
(Attachments: # 1 Exhibit Preliminary Pre-Trial Statement)(Eisenberg, Gary) (Entered:
04/17/2015)
04/23/2015 30 LETTER addressed to Judge Laura Taylor Swain from Gary F. Eisenberg dated April 23,
2015 re: Conference scheduled for April 24, 2015. Document filed by 1st Fidelity Loan
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. Document filed by Chase
Home Finance, LLC., JPMorgan Chase & 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 Home Finance, LLC., JPMorgan Chase
& Co., JPMorgan Chase Bank, 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 Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan 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, N.A.. (Wick, Robert) (Entered: 05/19/2015)
05/19/2015 40 DECLARATION of Michael M. Maya 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, 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, Robert) (Entered: 05/22/2015)
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. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..
(Wick, Robert) (Entered: 05/22/2015)
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
05/22/2015 45 DECLARATION of Michael M. Maya 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.. (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..
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, 2015. Document filed by 1st Fidelity
Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc..
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 Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital 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 ..
LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Exhibit A - Proposed Order)
06/02/2015 52 MEMORANDUM OF LAW 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.. (Eisenberg, Gary) (Entered: 06/02/2015)
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 1st Fidelity Loan
(Chaitman, Helen) (Entered: 06/05/2015)
06/05/2015 55 NOTICE OF APPEARANCE by Lance Gotthoffer on behalf of 1st Fidelity Loan
(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,
Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.. (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 by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Chaitman, Helen) (Entered:
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).. Document filed by 1st Fidelity Loan Servicing,
LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.. (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.
LLC, S & A Capital 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. Document filed by 1st Fidelity Loan Servicing,
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
(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 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Chaitman, Helen)
(Entered: 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, Mortgage Resolution Servicing,
LLC, S & A Capital Partners, Inc.. (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. Document filed by 1st Fidelity Loan
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 Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan 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.
LLC, S & 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
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
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.
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. . Document filed by Chase Home
Finance, LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Wick, Robert)
(Entered: 11/12/2015)
11/12/2015 78 DECLARATION of Michael M. Maya in Support re: 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..
(Attachments: # 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.
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 Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & 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 Dismiss Counts Four
Through Nine of Plaintiffs' Third Amended 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)
12/07/2015 84 DECLARATION of Helen Davis Chaitman in Opposition re: 76 MOTION to Dismiss
Counts Four Through Nine of Plaintiffs' Third Amended Complaint.. Document filed by
1st Fidelity Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital
Partners, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)
12/07/2015 85 CERTIFICATE OF SERVICE of Memorandum ECF #83; Declaration ECF #84 served
on Covington & Burling, LLP on 12/7/2015. Document filed by 1st Fidelity Loan
12/18/2015 86 REPLY MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss Counts Four
Through Nine of Plaintiffs' Third Amended Complaint. . Document filed by Chase Home
(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 $ 200.00, receipt
JPMorgan 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)
88 MOTION for Christian J. Pistilli to Appear Pro Hac Vice . Filing fee $ 200.00,
(sdi) (Entered: 02/09/2016)
02/22/2016 89 LETTER addressed to Magistrate Judge James C. Francis IV from Suzan Arden dated
February 22, 2016 re: extend discovery dates. Document filed by 1st Fidelity Loan
(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
(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, LLC, Mortgage
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 Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital 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
Partners, Inc.. (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
Capital 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. Document filed by 1st Fidelity Loan
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 Home Finance, LLC.,
06/13/2016)
06/13/2016 99 MEMORANDUM OF LAW in Opposition re: 93 MOTION to 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,
06/13/2016 100 DECLARATION of Christian J. Pistilli in Opposition re: 93 MOTION to Compel
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 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..
06/13/2016 102 DECLARATION of Michael J. Zeeb in Opposition re: 93 MOTION to Compel
N.A.. (Pistilli, Christian) (Entered: 06/13/2016)
06/17/2016 103 REPLY MEMORANDUM OF LAW in Support re: 93 MOTION to Compel Defendants
to Produce Discovery and Define Scope NOTICE 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 .
LLC, S & A Capital Partners, Inc.. (Chaitman, Helen) (Entered: 06/17/2016)
06/17/2016 104 DECLARATION of Helen Davis Chaitman in Support re: 93 MOTION to Compel
Capital Partners, Inc.. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2)
06/22/2016 105 REPLY MEMORANDUM OF LAW in Support re: 98 CROSS MOTION for Protective
Order . . Document filed by Chase Home Finance, LLC., JPMorgan Chase & Co.,
JPMorgan Chase Bank, N.A.. (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 filed by Chase Home Finance, LLC., JPMorgan Chase & Co.,
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 Finance, LLC., JPMorgan Chase &
Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit 1)(Pistilli, Christian)
(Entered: 06/22/2016)
06/24/2016 re: Request to strike. Document filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, 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 Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital 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 MOTION to Compel
Capital 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 Finance, LLC.,
07/25/2016)
07/25/2016 113 MEMORANDUM OF LAW in Support re: 112 MOTION for Protective Order . .
Chase Bank, N.A.. (Attachments: # 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., 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)
07/28/2016 re: briefing schedule extension. Document filed by 1st Fidelity Loan
(Arden, Suzan) (Entered: 07/28/2016)
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 Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc.. (Chaitman, Helen) (Entered: 08/12/2016)
08/12/2016 118 DECLARATION of Helen Davis Chaitman in Opposition re: 112 MOTION for
Protective Order .. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital 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 Fidelity Loan Servicing, LLC, Mortgage
08/12/2016)
08/24/2016 120 REPLY MEMORANDUM OF LAW in Support re: 112 MOTION for Protective Order . .
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
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)
dated 08/29/2016 re: Request to file Sur-Reply. Document filed by 1st Fidelity Loan
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
08/30/2016)
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)
dated 08/30/2016 re: Orders. Document filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, 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 Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital 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 Fidelity Loan Servicing,
LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Fait, Mary)
(Entered: 11/10/2016)
11/21/2016 131 LETTER addressed to Magistrate Judge James C. Francis IV from 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 Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A
Capital Partners, Inc.. (Attachments: # 1 Exhibit Letters Between the Parties)(Fait, Mary)
(Entered: 11/21/2016)
addressed to Magistrate Judge James C. Francis IV from Robert D. Wick and Brent
Tantillo dated November 29, 2016. Document filed by Chase Home Finance, LLC.,
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 $ 200.00, receipt
Office staff. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Exhibit Certificate of
Good Standing, # 2 Text of Proposed Order)(Tantillo, Brent) (Entered: 12/05/2016)
134 MOTION for Brent S Tantillo to Appear Pro Hac Vice . Filing fee $ 200.00,
(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
(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, 2016. Document filed by 1st Fidelity
(Tantillo, Brent) (Entered: 12/28/2016)
12/29/2016 137 LETTER addressed to Judge Laura Taylor Swain from Robert D. Wick dated December
29, 2016 re: Opposition to Plaintiffs' Request to Defer Ruling on Defendants' Motion to
Dismiss. Document filed by Chase Home Finance, LLC., JPMorgan Chase & Co.,
JPMorgan 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, 2016. Document filed by 1st Fidelity
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 Dismiss Counts Four
Through Nine of Plaintiffs' Third Amended 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 $ 200.00, receipt
JPMorgan 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)
142 MOTION for Philip J. Levitz to Appear Pro Hac Vice . Filing fee $ 200.00,
(ma) (Entered: 02/23/2017)
Tantillo dated February 23, 2017. Document filed by Chase Home Finance, LLC.,
02/23/2017 144 ORDER granting 142 Motion for Philip J. Levitz to Appear Pro Hac Vice. (HEREBY
(Entered: 02/23/2017)
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 by 1st
Partners, Inc..(Tantillo, Brent) (Entered: 02/28/2017)
02/28/2017 147 MEMORANDUM OF LAW in Support 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) WITNESS. Document filed by 1st Fidelity Loan
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 DOCUMENTS THAT DEFENDANTS HAVE CONTINUED
TO WITHHOLD, A COMPLETE PRIVILEGE LOG, AND THE SPECIFIC
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 .
LLC, S & A 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 . . Document filed by 1st Fidelity Loan Servicing,
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 Home Finance, LLC.,
03/14/2017)
03/14/2017 153 MEMORANDUM OF LAW in Opposition 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) WITNESS. Document filed by Chase Home
(Entered: 03/14/2017)
03/14/2017 154 DECLARATION of Christian J. Pistilli in Opposition re: 146 MOTION to Compel
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 Compel
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 Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Tantillo, Brent) (Entered:
03/20/2017)
04/06/2017 157 MEMORANDUM OF LAW in Opposition re: 150 MOTION for Leave to File FOURTH
STATEMENT UNDER F.R.C.P 15 . . Document filed by Chase Home Finance, LLC.,
04/06/2017)
04/06/2017 158 DECLARATION of Christian J. Pistilli in Opposition re: 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 Chase Home
Finance, LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (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
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)
04/11/2017 Minute Entry for proceedings held before Magistrate Judge James C. 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 Servicing, LLC,
Text of Proposed Order)(Tantillo, Brent) (Entered: 04/12/2017)
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 Loan Servicing, LLC, Mortgage Resolution Servicing,
LLC, S & A 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
STATEMENT UNDER F.R.C.P 15 . . Document filed by 1st Fidelity Loan Servicing,
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)
04/26/2017 169 LETTER MOTION for Extension of Time addressed to Magistrate 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)
04/27/2017 170 ORDER granting in part and denying in part 169 Letter Motion for 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
(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 CHALLENGING THE
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 173 AFFIDAVIT of Erika Lance in Opposition re: 165 MOTION CHALLENGING THE
05/05/2017 174 AFFIDAVIT of Myron Finley, Esq. in Opposition re: 165 MOTION CHALLENGING
THE DESIGNATION OF THE DEPOSITION TRANSCRIPTS OF THIRD-PARTY
05/05/2017 175 DECLARATION of Glen Silverstein in Opposition re: 165 MOTION CHALLENGING
THE DESIGNATION OF THE DEPOSITION TRANSCRIPTS OF THIRD-PARTY
Lance, 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
Capital Partners, Inc.. (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 filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Text of
Proposed Order)(Fait, Mary) Modified on 6/15/2017 (ldi). (Entered: 05/05/2017)
05/08/2017 178 LETTER addressed to Magistrate Judge James C. Francis IV from 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)
05/10/2017 Minute Entry for proceedings held before Magistrate Judge James C. 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 $ 200.00, receipt
Office staff. Document filed by 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)
180 MOTION for Daniel A. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00,
(wb) (Entered: 05/12/2017)
05/12/2017 181 REPLY to Response to Motion re: 165 MOTION CHALLENGING THE
WITNESSES BRIAN BLY AND ERIKA LANCE . . Document filed by 1st Fidelity
(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
(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
WITNESSES BRIAN BLY AND ERIKA LANCE. (Signed by Magistrate Judge James
C. Francis on 5/16/2017) Copies transmitted this date. (rjm) (Entered: 05/16/2017)
05/18/2017 184 MEMORANDUM AND ORDER granting in part and denying in part 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. (Signed by Magistrate Judge James C. Francis on 5/18/2017) Copies
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-Trial Deadlines
Tantillo dated June 2, 2017. Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Text of Proposed Order)
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 Pretrial Conference set for 5/11/2018
at 10:00 AM in Courtroom 12D, 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. Document filed by
06/15/2017 190 MEMORANDUM OF LAW in Support re: 189 MOTION for Temporary Restraining
Order /Preliminary Injunction. . Document filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution 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.. Document filed by 1st Fidelity
Loan Servicing, LLC, Mortgage 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 MOTION for Temporary
Restraining Order /Preliminary Injunction.. Document filed by 1st Fidelity Loan
(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.
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 Scheduled for June 19, 2017 addressed to Judge Laura Taylor Swain
from Robert D. Wick dated June 16, 2017. . Document filed by 1st Fidelity Loan
(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 Scheduled for June 19, 2017 addressed to Judge Laura Taylor Swain
from Robert D. Wick dated June 16, 2017. . Document filed by 1st Fidelity Loan
(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)
06/29/2017 199 MEMORANDUM OF LAW in Opposition re: 189 MOTION for Temporary Restraining
Order /Preliminary Injunction. . Document filed by Chase Home Finance, LLC.,
06/29/2017)
06/29/2017 200 DECLARATION of Christian J. Pistilli in Opposition re: 189 MOTION for Temporary
Restraining Order /Preliminary Injunction.. Document filed by Chase Home Finance,
LLC., JPMorgan Chase & 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
LLC., JPMorgan Chase & Co., 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, Robert) (Entered: 06/29/2017)
06/29/2017 202 DECLARATION of Michael J. Zeeb in Opposition re: 189 MOTION for Temporary
LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered:
06/29/2017)
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 Document filed by JPMorgan Chase & Co.,
JPMorgan Chase Bank, 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)
07/06/2017 205 MEMORANDUM AND ORDER granting in part and denying in part [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 Fidelity Loan Servicing, LLC, Mortgage
07/06/2017)
07/06/2017 207 DECLARATION of Brent S. Tantillo in Support re: 189 MOTION for Temporary
Restraining Order /Preliminary Injunction.. Document filed by 1st Fidelity Loan
(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 MOTION for
Temporary Restraining Order /Preliminary Injunction.. Document filed by 1st Fidelity
(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 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:
07/20/2017)
07/20/2017 211 DECLARATION of Daniel A. Johnson in Opposition re: 165 MOTION
THIRD-PARTY WITNESSES 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 MOTION
THIRD-PARTY WITNESSES 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)
07/21/2017 213 LETTER addressed to Magistrate Judge James C. Francis IV from 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, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Tantillo,
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. Document filed by
08/16/2017 217 MEMORANDUM OF LAW in Support re: 216 MOTION to Compel Plaintiffs to
Produce Loan Servicing Data. . Document filed by Chase Home Finance, LLC.,
08/16/2017)
08/16/2017 218 DECLARATION of Christian J. Pistilli in Support re: 216 MOTION to Compel Plaintiffs
to Produce Loan Servicing Data.. 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-00005210-12, # 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)
08/16/2017 219 NOTICE of Newly Discovered Evidence In Support of Preliminary Injunction re: 190
Memorandum of Law in Support of Motion,. Document filed by 1st Fidelity Loan
(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
(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
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 Fidelity Loan Servicing,
09/12/2017 228 MEMORANDUM OPINION AND ORDER: re: 189 MOTION for Temporary
Restraining Order Preliminary Injunction filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & 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,
Clerk's Office staff. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & 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
Office staff. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2,
# 3 Text of Proposed Order)(Foster, Jennifer) (Entered: 09/12/2017)
Tantillo dated September 12, 2017. Document filed by Chase Home Finance, LLC.,
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 number 0208-14118292. Motion
and supporting papers to be 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. Francis)(Text Only Order)
(Francis, James) (Entered: 09/13/2017)
09/13/2017 233 ORDER granting 230 Motion for Jennifer Martin Foster to Appear Pro Hac Vice.
(HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order)
(Francis, James) (Entered: 09/13/2017)
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 Pretrial Conference set for 8/10/2018
at 10:00 AM in Courtroom 12D, 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
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.) (Signed
by Magistrate Judge James C. Francis on 9/28/2017) Copies 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. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
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 .
10/09/2017 240 MEMORANDUM OF LAW in Support re: 239 MOTION to Compel Plaintiffs to
Produce Loan Servicing Data and Tax Returns . . Document filed by Chase Home
(Entered: 10/09/2017)
10/09/2017 241 DECLARATION of Christian J. Pistilli in Support re: 239 MOTION to Compel Plaintiffs
to Produce Loan Servicing Data and Tax Returns .. Document filed by Chase Home
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 Fidelity Loan Servicing,
10/16/2017 243 RESPONSE in Opposition to Motion re: 239 MOTION to Compel Plaintiffs to Produce
Loan Servicing Data and Tax Returns . . Document filed by 1st Fidelity Loan Servicing,
10/16/2017 244 DECLARATION of Brad Axel in Opposition re: 239 MOTION to Compel Plaintiffs to
Produce Loan Servicing Data and Tax Returns .. Document filed by 1st Fidelity Loan
(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 .. Document filed by 1st Fidelity Loan
(Attachments: # 1 Exhibit Exhibit 1; Letter from Roberto di Marco and Brent Tantillo to
Christian Pistilli, October 10, 2017)(Tantillo, Brent) (Entered: 10/16/2017)
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
Partners, Inc.. (Tantillo, Brent) (Entered: 10/16/2017)
10/17/2017 247 LETTER MOTION for Extension of Time to File Response/Reply as 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.
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
10/18/2017)
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
Resolution Servicing, LLC, S & A Capital Partners, Inc..(Di Marco, Roberto) (Entered:
10/18/2017)
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)
10/20/2017 251 REPLY MEMORANDUM OF LAW in Support re: 239 MOTION to Compel Plaintiffs to
Produce Loan Servicing Data and Tax Returns . . Document filed by Chase Home
(Entered: 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. Document filed by Chase Home Finance, LLC., JPMorgan Chase &
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,,,. Document filed by 1st
Partners, Inc.. (Tantillo, Brent) (Entered: 11/30/2017)
12/07/2017 256 FILING ERROR - WRONG EVENT TYPE SELECTED FROM 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
(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 number 0208-14455798. Motion
and supporting papers to be reviewed by Clerk's Office staff. Document filed by
(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)
12/12/2017 258 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER
Lehrburger from Brent S. Tantillo dated December 12, 2017. Document filed by 1st
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, LLC,
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
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)
12/13/2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - 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)
12/13/2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - 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. Document filed by Chase Home Finance,
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 December 7, 2017. . Document filed by 1st Fidelity Loan Servicing, LLC,
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)
from Brent S. Tantillo dated December 12, 2017. Document filed by 1st Fidelity Loan
(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)
Lehrburger from Robert D. Wick dated December 15, 2017 re: 262 LETTER MOTION
for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Brent S. Tantillo
dated December 12, 2017. . Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (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)
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
(Attachments: # 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)
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,
01/08/2018 266 LETTER addressed to Judge Laura Taylor Swain from Robert D. Wick dated January 8,
2018 re: New Authority Relevant to Plaintiffs' Pending Motion for Leave to Amend and
Supplement Complaint. Document filed by Chase Home Finance, LLC., JPMorgan Chase
& Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 DC Court of Appeals Opinion,
Dated December 22, 2017)(Wick, Robert) (Entered: 01/08/2018)
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 filed by Chase Home
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,
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 Magistrate Judge Robert W. Lehrburger from Robert D. Wick
dated December 7, 2017., 262 LETTER MOTION for Discovery addressed to Magistrate
Judge Robert W. Lehrburger from Brent S. Tantillo dated December 12, 2017. .
LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Exhibit 1 -- Transcript of January 8,
2018 Hearing, # 2 Exhibit 2 -- Deposition of Launi Solomon, May 17, 2017)(Tantillo,
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
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: 01/22/2018)
01/22/2018 272 DECLARATION of Rick Ivie re: 270 Order, Set Deadlines,,,,,,,,,,,,,, . Document filed by
01/22/2018 273 DECLARATION of Mark A. Shea re: 270 Order, Set Deadlines,,,,,,,,,,,,,, 267 Order,,,,,,, .
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.
Chase Bank, 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 Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A..(Wick, Robert) (Entered: 01/23/2018)
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 addressed to Magistrate Judge Robert W. Lehrburger from Brent
S. Tantillo dated December 12, 2017. . Document filed by 1st Fidelity Loan Servicing,
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,,,,,,, . Document filed by Chase
01/30/2018 281 DECLARATION of Philip J. Levitz re: 267 Order,,,,,,, . Document filed by Chase Home
(Entered: 01/30/2018)
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)
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 by 1st Fidelity Loan Servicing, LLC,
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.,
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)
03/30/2018 288 MEMORANDUM OPINION AND ORDER: re: 150 MOTION for 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
Partners, Inc.. (Attachments: # 1 Text of Proposed Order)(Di Marco, Roberto) (Entered:
04/11/2018)
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)
(Lehrburger, Robert) (Entered: 04/11/2018)
04/12/2018 291 PRE-TRIAL SCHEDULING ORDER: Motions due by 9/24/2018. 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)
04/24/2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT 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 Fidelity Loan
(Longo, Michael) (Entered: 05/08/2018)
05/11/2018 295 ANSWER to 293 Amended Complaint,,. Document filed by Chase Home Finance, LLC.,
05/11/2018)
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 filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Text of Proposed Order)
(Di Marco, Roberto) (Entered: 05/21/2018)
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)
from Christian J. Pistilli dated June 19, 2018. Document filed by Chase Home Finance,
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)
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 Servicing, LLC,
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 & Co., JPMorgan Chase
Bank, N.A.. (Wick, Robert) (Entered: 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 & Co., JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered:
07/12/2018)
07/12/2018 304 DECLARATION of Christian J. Pistilli in Support re: 301 MOTION 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)(Wick, Robert) (Entered: 07/12/2018)
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)
07/19/2018 306 LETTER addressed to Judge Laura Taylor Swain from Robert D. 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
07/20/2018 301 MOTION for Partial Summary Judgment on Plaintiff's Contract, Fraud, and Negligent
Misrepresentation Claims. Document filed by JPMorgan Chase & Co., JPMorgan Chase
Bank, N.A..(Wick, Robert) 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)
08/20/2018 308 MEMORANDUM OF LAW in Opposition re: 301 MOTION for Partial Summary
Judgment on Plaintiff's Contract, Fraud, and Negligent Misrepresentation Claims. .
LLC, S & A 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 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, 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, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23
# 56 Exhibit, # 57 Exhibit, # 58 Exhibit, # 59 Exhibit, # 60 Exhibit)(Di Marco, Roberto)
(Entered: 08/20/2018)
08/20/2018 310 DECLARATION of Laurence Schneider in Opposition re: 301 MOTION for Partial
Summary Judgment on Plaintiff's Contract, Fraud, and Negligent Misrepresentation
Claims.. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, 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 Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A
Capital Partners, Inc.. (Di Marco, Roberto) (Entered: 08/21/2018)
09/10/2018 312 REPLY MEMORANDUM OF LAW in Support re: 301 MOTION for Partial Summary
Judgment on Plaintiff's Contract, Fraud, and Negligent Misrepresentation Claims. .
09/10/2018 313 RESPONSE re: 311 Response in Opposition to Motion, Defendants' Response to
Plaintiff's Statement of Undisputed Material Facts. Document filed by Chase Home
(Entered: 09/10/2018)
Judgment on Plaintiff's Contract, Fraud, and Negligent Misrepresentation Claims..
Chase Bank, N.A.. (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
(Attachments: # 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
(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) (Lehrburger, Robert) (Entered: 10/12/2018)
10/22/2018 318 MOTION for Brent S. Tantillo to Withdraw as Attorney . Document filed by 1st Fidelity
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 Loan Servicing, LLC, Mortgage
10/22/2018)
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 Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Tantillo, Brent)
(Entered: 10/22/2018)
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)
. on Plaintiff MRS' Fraud and Negligent Misrepresentation Claims. Document filed by
Mortgage Resolution Servicing, LLC. (Di Marco, Roberto) (Entered: 10/22/2018)
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 Guerrero Email 12-23-08, # 49 Exhibit Guerrero
Email 12-2-08, # 50 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, Christian) (Entered:
10/25/2018)
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
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
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (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. . Document filed by
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
11/01/2018 Set/Reset Deadlines: Replies due by 12/4/2018. (ama) (Entered: 11/01/2018)
11/16/2018 331 LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W.
Lehrburger from Roberto L. Di Marco dated November 16, 2018. Document filed by 1st
Partners, 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)
from Christian J. Pistilli dated November 19, 2018 re: 331 LETTER MOTION for
Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Roberto L.
Di Marco dated November 16, 2018. . Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (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)
11/19/2018 334 ORDER granting in part and denying in part 331 Letter Motion for 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)
Judgment . . Document filed by Chase Home Finance, LLC., JPMorgan Chase & Co.,
JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered: 11/20/2018)
11/20/2018 336 COUNTER STATEMENT TO 322 Rule 56.1 Statement. Document filed by Chase Home
(Entered: 11/20/2018)
11/20/2018 337 DECLARATION of Christian J. Pistilli in Opposition re: 321 MOTION for Partial
Summary Judgment .. Document filed by Chase Home Finance, LLC., JPMorgan Chase
& Co., JPMorgan Chase Bank, 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 - 11.6.2008 email from Schneider to Guerrero, # 6
Exhibit 6 - 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
- 1.28.2009 email from Schneider to Guerrero, # 14 Exhibit 14 - 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,
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Text of Proposed Order
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,
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Text of Proposed Order
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)
Judgment . on Plaintiff MRS' Fraud and Negligent Misrepresentation Claims. Document
filed by Mortgage Resolution Servicing, LLC. (Di Marco, Roberto) (Entered:
12/04/2018)
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
(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)
(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
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
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.
02/28/2019 349 PROPOSED SCHEDULING ORDER. Document filed by Chase Home Finance, LLC.,
02/28/2019)
03/08/2019 350 MOTION for Partial Summary Judgment on Liability as to Plaintiffs' Breach of Contract
Claims. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc..(Di Marco, Roberto) (Entered: 03/08/2019)
03/08/2019 351 RULE 56.1 STATEMENT. Document filed by 1st Fidelity Loan Servicing, LLC,
Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Di Marco, Roberto)
(Entered: 03/08/2019)
on Liability as to Plaintiffs' Breach of Contract Claims. . Document filed by 1st Fidelity
Summary Judgment on Liability as to Plaintiffs' Breach of Contract Claims.. Document
Capital 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, Roberto) (Entered: 03/08/2019)
03/08/2019 354 PRE-TRIAL SCHEDULING ORDER: Motions due by 3/8/2019. 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
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 by Chase Home
Finance, LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Wick, Robert)
(Entered: 03/08/2019)
03/08/2019 358 MEMORANDUM OF LAW in Support re: 357 MOTION to Preclude Testimony of
Jeffrey S. Andrien. . Document filed by Chase Home Finance, LLC., JPMorgan Chase &
Co., JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered: 03/08/2019)
03/08/2019 359 DECLARATION of Christian J. Pistilli in Support re: 357 MOTION to Preclude
Testimony of Jeffrey S. Andrien.. Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, 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.
On Plaintiffs' Contract and Damages Claims. . Document filed by Chase Home Finance,
03/08/2019)
03/08/2019 362 RULE 56.1 STATEMENT. Document filed by Chase Home Finance, LLC., JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered: 03/08/2019)
Judgment On Plaintiffs' Contract and Damages Claims.. Document filed by Chase Home
Exhibit 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. Document filed by Chase Home Finance,
LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Wick, Robert) (Entered:
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)
03/11/2019 366 LETTER RESPONSE to Motion addressed to Judge Laura Taylor 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. .
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 Magistrate Judge Robert
W. Lehrburger from Roberto L. Di Marco and Christian Pistilli dated 3/13/2019.
LLC, S & A 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
03/20/2019 371 LETTER addressed to Judge Laura Taylor Swain from Robert D. 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)
03/21/2019 372 LETTER addressed to Judge Laura Taylor Swain from Roberto L. Di Marco dated March
21, 2019 re: Order requiring a submission detailing the basis for the sealed filing of
Exhibits. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc.. (Attachments: # 1 Exhibit Exhibit 1 -
A.2.b. Letter, # 2 Exhibit Exhibit 2 - Hearing Transcript)(Di Marco, Roberto) (Entered:
03/21/2019)
03/22/2019 373 LETTER addressed to Judge Laura Taylor Swain from Robert D. Wick dated March 22,
2019 re: Plaintiffs' letter at ECF No. 372. Document filed by Chase Home Finance, LLC.,
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. Document filed by Chase Home Finance, LLC., JPMorgan Chase
& Co., JPMorgan Chase Bank, N.A..(Wick, Robert) (Entered: 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)
Testimony of Jeffrey S. Andrien., 360 MOTION for Partial Summary Judgment On
Plaintiffs' Contract and Damages Claims.. Document filed by Chase Home Finance,
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.
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 filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution 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..
Judgment on Liability as to Plaintiffs' Breach of Contract Claims. . Document filed by
04/19/2019 385 RESPONSE re: 351 Rule 56.1 Statement . Document filed by Chase Home Finance,
04/19/2019)
04/19/2019 386 DECLARATION of Christian J. Pistilli in Opposition re: 350 MOTION for Partial
N.A.. (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 filed by 1st Fidelity
Judgment On Plaintiffs' Contract and Damages Claims. . Document filed by 1st Fidelity
Summary Judgment On Plaintiffs' Contract and Damages Claims.. Document filed by 1st
Partners, 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 -
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-00000812, # 30 Exhibit Ex 30 - JPMC-MRS-00000101,
# 31 Exhibit Ex 31 - JPMC-MRS-00001028, # 32 Exhibit Ex 32 - JPMC-MRS-
00003422, # 33 Exhibit Ex 33 - Expert Rebuttal - Payne, # 34 Exhibit Ex 34 - Expert
Report - Payne, # 35 Exhibit Ex 35 - JPMC-MRS-00001041, # 36 Exhibit Ex 36 - JPMC-
JPMC-MRS-00003022, # 39 Exhibit Ex 39 - ECF 292-4, # 40 Exhibit Ex 40 - JPMC-
SA00277780, # 43 Exhibit Ex 43 - JPMC-MRS-00000562, # 44 Exhibit Ex 44 - JPMC-
JPMC-MRS-00000575, # 47 Exhibit Ex 47 - JPMC-MRS-00000555, # 48 Exhibit 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 -
JPMC-MRS-00319625, # 55 Exhibit Ex 55 - JPMC-MRS-00096383, # 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 - JPMC-MRS-00010573, # 64 Exhibit
Ex 64 - JPMC-MRS-00005516, # 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 73 - SA00433866, # 74 Exhibit Ex 74 -
SA00434123, # 75 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 80 - SA00114473, # 81
Exhibit Ex 81 - SA00433932, # 82 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)
04/19/2019 390 MEMORANDUM OF LAW in Opposition re: 357 MOTION to Preclude Testimony of
Jeffrey S. Andrien. . Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Di Marco, Roberto) (Entered:
04/19/2019)
04/19/2019 391 DECLARATION of Roberto L. Di Marco in Opposition re: 357 MOTION to Preclude
Testimony of Jeffrey S. Andrien.. Document filed by 1st Fidelity Loan Servicing, LLC,
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, Roberto) (Entered: 04/19/2019)
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)
Judgment on Liability as to Plaintiffs' Breach of Contract Claims. . Document filed by
Partners, Inc.. (Di Marco, Roberto) (Entered: 05/10/2019)
05/10/2019 395 RESPONSE re: 385 Response and Counterstatement of Fact. Document filed by 1st
Partners, Inc.. (Di Marco, Roberto) (Entered: 05/10/2019)
05/10/2019 396 REPLY MEMORANDUM OF LAW in Support re: 357 MOTION to Preclude Testimony
of Jeffrey S. Andrien. . Document filed by Chase Home Finance, LLC., JPMorgan Chase
& Co., JPMorgan Chase Bank, N.A.. (Wick, Robert) (Entered: 05/10/2019)
Testimony of Jeffrey S. Andrien.. Document filed by Chase Home Finance, LLC.,
JPMorgan Chase & Co., JPMorgan Chase Bank, 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
Capital 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,
Roberto) (Entered: 05/10/2019)
Judgment On Plaintiffs' Contract and Damages Claims. . Document filed by Chase
05/10/2019 402 RESPONSE re: 387 Counter Statement to Rule 56.1 . Document filed by Chase Home
(Entered: 05/10/2019)
Judgment On Plaintiffs' Contract and Damages Claims.. Document filed by Chase Home
Exhibit 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.
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. Document filed by Chase Home
Finance, LLC., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Levitz, Philip)
(Entered: 05/13/2019)
05/14/2019 407 LETTER RESPONSE to Motion addressed to Judge Laura Taylor 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, LLC.,
05/14/2019)
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
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 Magistrate Judge
Robert W. Lehrburger from Roberto L. Di Marco dated June 18, 2019. Document filed by
Partners, 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)
06/19/2019 413 LETTER MOTION for Extension of Time to File Response/Reply as to 412 LETTER
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
N.A..(Pistilli, Christian) (Entered: 06/19/2019)
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.
06/19/2019 415 ORDER granting 413 Letter Motion for Extension of Time to File Response/Reply re 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. Responses due by
6/25/2019. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on
6/19/2019) (rro) (Entered: 06/19/2019)
Lehrburger from Christian J. Pistilli dated June 24, 2019 re: 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. . Document filed by Chase Home Finance,
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)
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)
09/06/2019 420 LETTER addressed to Judge Laura Taylor Swain from Roberto L. Di Marco dated
September 6, 2019 re: Order of the Court, Docket No. 419. Document filed by 1st
Partners, Inc..(Di Marco, Roberto) (Entered: 09/06/2019)
09/09/2019 421 LETTER addressed to Judge Laura Taylor Swain from Roberto L. Di Marco dated
September 9, 2019 re: Letter Dated September 6, 2019. Document filed by 1st Fidelity
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)
09/27/2019 423 MEMORANDUM OPINION AND ORDER: re: 350 MOTION for Partial Summary
Judgment on Liability as to Plaintiffs' Breach of Contract Claims filed by 1st Fidelity
Loan Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.,
301 MOTION for Partial Summary Judgment on Plaintiff's Contract, 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
MOTION for Partial Summary Judgment On Plaintiffs' Contract and 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)
Summary Judgment .. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & 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 Guerrero Email 10-30-
08, # 35 Exhibit Guerrero Email 11-3-08, # 36 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 3-10-09)(Di
Summary Judgment .. Document filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & 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 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) (Entered: 09/30/2019)
09/30/2019 426 CLERK'S JUDGMENT re: 423 Memorandum & Opinion. in favor of Chase Home
Finance, LLC., JPMorgan Chase & Co., JPMorgan 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)
Capital 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,
Summary Judgment On Plaintiffs' Contract and Damages Claims.. Document filed by 1st
Partners, 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-MRS-00007926, # 22 Exhibit JPMC-MRS-
00002034, # 23 Exhibit Solomon depo, # 24 Exhibit JPMC-MRS-00113944, # 25 Exhibit
Payne Depo, # 26 Exhibit Axel depo, # 27 Exhibit JPMC-MRS-00007918, # 28 Exhibit
00000101, # 31 Exhibit JPMC-MRS-00001028, # 32 Exhibit JPMC-MRS-00003422, #
33 Exhibit Expert Rebuttal - Payne, # 34 Exhibit Expert Report - Payne, # 35 Exhibit
00003109, # 38 Exhibit JPMC-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 JPMC-MRS-00000793, # 45 Exhibit
00000555, # 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-00001356, # 54 Exhibit JPMC-MRS-00319625,
# 55 Exhibit JPMC-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 SA00236339, # 61 Exhibit JPMC-MRS-
00017505, # 62 Exhibit SA00190157, # 63 Exhibit JPMC-MRS-00010573, # 64 Exhibit
# 67 Exhibit JPMC-MRS-00013091, # 68 Exhibit JPMC-MRS-00013098, # 69 Exhibit
# 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, # 87 Exhibit JPMC-MRS-00016232, #
88 Exhibit JPMC-MRS-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 Marco, Roberto) (Entered: 09/30/2019)
Capital 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-00000677, # 8 Exhibit JPMC-MRS-00000439, # 9 Exhibit
JPMC-MRS-00002809, # 10 Exhibit Schneider Deposition, # 11 Exhibit JPMC-MRS-
00005335, # 12 Exhibit JPMC-MRS-00005337, # 13 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, # 31 Exhibit JPMC-MRS-00043503, # 32 Exhibit JPMC-MRS-00024325)(Di Marco,
10/11/2019 430 MOTION for Reconsideration , Notice of Motion for Partial Reconsideration. Document
Capital Partners, Inc..(Di Marco, Roberto) (Entered: 10/11/2019)
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
Capital Partners, Inc..(Di Marco, Roberto) (Entered: 10/11/2019)
10/16/2019 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. addressed to Judge
Laura Taylor Swain from Robert D. Wick dated October 16, 2019. Document filed by
10/17/2019 433 ORDER granting 432 Letter Motion for Extension of Time to File 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
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
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)
10/29/2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT 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 filed by 1st Fidelity Loan
Servicing, LLC, Mortgage Resolution Servicing, LLC, S & A Capital Partners, Inc.. (Di
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, filed by 1st Fidelity Loan Servicing,
LLC, Mortgage Resolution 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.,
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 Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc.. (nd) (Entered: 11/07/2019)
11/08/2019 437 REPLY MEMORANDUM OF LAW in Support 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 1st Fidelity
02/18/2020 438 MANDATE of USCA (Certified Copy) as to 435 Corrected Notice of Appeal, filed by 1st
Partners, Inc. USCA Case Number 19-3598.It is hereby ORDERED that the appeal is
DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As
Mandate: 02/18/2020..(nd) (Entered: 02/18/2020)
01/22/2021 439 MEMORANDUM ORDER: re: 430 MOTION for Reconsideration, Notice of Motion for
Partial Reconsideration filed by 1st Fidelity Loan Servicing, LLC, Mortgage Resolution
Servicing, LLC, S & A Capital Partners, Inc., 431 MOTION for Reconsideration re; 423
Memorandum & Opinion Memorandum in support of Partial Reconsideration as to post
December 24, 2009 damages filed by 1st Fidelity Loan Servicing, LLC, Mortgage
Resolution Servicing, LLC, S & A Capital Partners, Inc. For the foregoing reasons,
Plaintiffs' motion for reconsideration is denied. This Memorandum Order resolves docket
entry nos. 430 and 431. SO ORDERED. (Signed by Judge Laura Taylor Swain on
1/22/2021) (ama) (Entered: 01/22/2021)
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MRS V JPMC 15-00293 Docket As of 2.1.21

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U.S. District Court

Mortgage Resolution Servicing, LLC et al v. JPMorgan Chase 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

Jennifer Martin Foster

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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