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Wattles et al v. Wells Fargo Bank, N.A. et al
Assigned to: Magistrate Judge Noelle C. Collins
Case in other court: Circuit Court of St. Charles County, Missouri, 2011-CC00457
Cause: 28:1332 Diversity-Contract Dispute
JUN 29, 2020 | REPUBLISHED BY LIT: APR 19, 2021
Complaint causes of action; (1) For an Accounting (2) Conversion (3) Merchandising Practices Act (4) Negligence (5) Breach of Fiduciary Duty and finally (6) Reformation of Instruments (Fraud). Parties sued are Wachovia Mortgage Corp., successor in interest Wells Fargo Bank, N.A., and mortgage servicer Select Portfolio Serving, Inc. (SPS). Hilary H. Sommer, attorney at Bryan Cave represents Wachovia.
U.S. District Court
Eastern District of Missouri (St. Louis)
CIVIL DOCKET FOR CASE #: 4:20-cv-00863-NCC
| Wattles et al v. Wells Fargo Bank, N.A. et al Assigned to: Magistrate Judge Noelle C. Collins
Cause: 28:1332 Diversity-Contract Dispute |
Date Filed: 06/29/2020 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Michael Wattles | represented by | Brian S. Love DOBSON BERNS LLP 4631 Washington Blvd. St. Louis, MO 63108 636-949-2424 Email: brian@federerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Jennifer Wattles Husband and Wife |
represented by | Brian S. Love (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Wells Fargo Bank, N.A. | represented by | Eric D. Martin BRYAN CAVE LLP – St Louis One Metropolitan Square 211 N. Broadway Suite 3600 St. Louis, MO 63102 314-259-2324 Fax: 314-552-8234 Email: eric.martin@bclplaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDHilary H. Sommer BRYAN CAVE LLP – St Louis One Metropolitan Square 211 N. Broadway Suite 3600 St. Louis, MO 63102 314-259-2981 Fax: 314-259-2020 Email: hilary.sommer@bclplaw.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Wachovia Mortgage Corp. | represented by | Eric D. Martin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDHilary H. Sommer (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Select Portfolio Servicing, Inc. | represented by | Beverly M. Weber ARMSTRONG TEASDALE LLP – Kansas City 2345 Grand Boulevard Suite 1500 Kansas City, MO 64108 816-221-3420 Fax: 816-221-0786 Email: bweber@atllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/29/2020 | 1 | NOTICE OF REMOVAL from Circuit Court of St. Charles County, Missouri, case number 2011-CC00457, with receipt number AMOEDC-7990758, in the amount of $400 Non-Jury Demand,, filed by Wachovia Mortgage Corp., Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Original Filing Form Original Filing Form)(Martin, Eric) (Entered: 06/29/2020) |
| 06/29/2020 | 2 | NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Wachovia Mortgage Corp., Wells Fargo Bank, N.A. Sent To: Plaintiff (Attachments: # 1 Exhibit 1)(Martin, Eric) (Entered: 06/29/2020) |
| 06/29/2020 | 3 | ENTRY of Appearance by Eric D. Martin for Defendants Wachovia Mortgage Corp., Wells Fargo Bank, N.A.. (Martin, Eric) (Entered: 06/29/2020) |
| 06/29/2020 | 4 | DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Wells Fargo Bank, N.A.. Parent companies: Wells Fargo & Company, Publicly held company: Yes,. (Martin, Eric) (Entered: 06/29/2020) |
| 06/29/2020 | 5 | DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Wachovia Mortgage Corp.. Parent companies: Wells Fargo & Company, Publicly held company: Yes,. (Martin, Eric) (Entered: 06/29/2020) |
| 06/29/2020 | 6 | Petition (Removal/Transfer) Received From: Circuit Court of St. Charles County, filed by Michael Wattles, Jennifer Wattles. (Attachments: # 1 Exhibit A)(MFG) (Entered: 06/30/2020) |
| 06/29/2020 | 7 | Consent to Removal by Defendant Select Portfolio Servicing, Inc.. (MFG) (Entered: 06/30/2020) |
| 06/30/2020 | 8 | Electronic Notice – Application for Admission needed as to Brian S. Love. Review of case shows that Attorney Brian S. Love is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (MFG) (Entered: 06/30/2020) |
| 06/30/2020 | Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate (moed-0001.pdf). Judge Assigned: Honorable Noelle C. Collins. (MFG) (Entered: 06/30/2020) | |
| 06/30/2020 | 9 | Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) (Entered: 06/30/2020) |
| 07/01/2020 | 10 | NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Wachovia Mortgage Corp., Wells Fargo Bank, N.A. Sent To: State Court – Executed (Martin, Eric) (Entered: 07/01/2020) |
| 07/02/2020 | ***REMARK Re: 10 – The use of an attorney’s electronic filing login and password to file a pleading, motion, memorandum or other document constitutes the signature of that attorney on that document for all purposes, including Fed.R.Civ.P. 11. (This document will be accepted by the Court, but for future filings please see Local Rule 11-2.11 located on the court website.) (KCB) (Entered: 07/02/2020) | |
| 07/02/2020 | 11 | Consent MOTION for Extension of Time to File Answer or Other Response by Defendants Select Portfolio Servicing, Inc., Wachovia Mortgage Corp., Wells Fargo Bank, N.A.. (Martin, Eric) (Entered: 07/02/2020) |
| 07/06/2020 | 12 | Docket Text ORDER: IT IS HEREBY ORDERED that the Joint Consent Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs’ Complaint (Doc. 11 ) filed by Defendants is GRANTED. Defendants shall answer or otherwise respond to Plaintiffs’ Petition on or before July 20, 2020. Signed by Magistrate Judge Noelle C. Collins on 7/6/2020. (KBL) (Entered: 07/06/2020) |
| 07/17/2020 | 13 |
ENTRY of Appearance by Hilary H. Sommer for Defendants Wachovia Mortgage Corp., Wells Fargo Bank, N.A.. (Sommer, Hilary) (Entered: 07/17/2020) |
| 07/20/2020 | 14 | ANSWER to Complaint by Select Portfolio Servicing, Inc..(Weber, Beverly) (Entered: 07/20/2020) |
| 07/20/2020 | 15 | DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Select Portfolio Servicing, Inc… (Weber, Beverly) (Entered: 07/20/2020) |
| 07/20/2020 | 16 | ANSWER to Complaint by Wachovia Mortgage Corp., Wells Fargo Bank, N.A..(Sommer, Hilary) (Entered: 07/20/2020) |
| 07/22/2020 | Letter from Clerk sent to Defendant Select Portfolio Servicing, Inc., Plaintiffs Jennifer Wattles, Michael Wattles re: Failure to file Notice Regarding Magistrate Judge Jurisdiction. (Notice re: Magistrate Judge Jurisdiction due by 7/29/2020.) (TMT) (Entered: 07/22/2020) | |
| 07/23/2020 | Notice from Clerk instructing Plaintiffs Jennifer Wattles, Michael Wattles to submit Notice regarding Magistrate Judge Jurisdiction. Click here for the instructions. (Notice re: Magistrate Judge Jurisdiction due by 7/30/2020.) (TMT) (Entered: 07/23/2020) | |
| 07/28/2020 | 17 | FULL CONSENT has been received by Defendants Select Portfolio Servicing, Inc., Wachovia Mortgage Corp., Wells Fargo Bank, N.A., Plaintiffs Jennifer Wattles, Michael Wattles. (KCB) (Entered: 07/28/2020) |
| 07/29/2020 | 18 | RULE 16 ORDER: This case is assigned to Track: 2: Standard. Joint Scheduling Plan due by 8/19/2020. Rule 16 Conference set for 8/26/2020 10:00 AM in Telephone Conference in Chambers before Magistrate Judge Noelle C. Collins. Signed by Magistrate Judge Noelle C. Collins on July 29, 2020. (BRP) (Entered: 07/29/2020) |
| 08/05/2020 | 19 | JOINT SCHEDULING PLAN by Defendant Wells Fargo Bank, N.A.. . (Sommer, Hilary) (Entered: 08/05/2020) |
| 08/26/2020 | 20 | ELECTRONIC MINUTE ENTRY for proceedings held before Magistrate Judge Noelle C. Collins: Rule 16 Conference held on 8/26/2020. Conference held by phone. CMO to issue. (proceedings started: 10:03 am) (proceedings ended: 10:16 am)(Appearance for Plaintiff: Brian S. Love (via telephone))(Appearance for Defendant: Eric D. Martin and Hilary H. Sommer; and Beverly M. Weber (via telephone)) (TMT) (Entered: 08/26/2020) |
| 08/26/2020 | 21 | CASE MANAGEMENT ORDER: This case is assigned to Track: 2 (Standard) [SEE ORDER FOR COMPLETE DETAILS] (Motion to Join Parties due by 9/15/2020. Discovery Completion due by 5/17/2021. Non-Dispositive Motions due by 5/28/2021. ADR Future Reference 4/20/2021. Dispositive Motions due by 6/15/2021. Jury Trial set for 11/1/2021 09:30 AM in Courtroom 15N – St. Louis before Magistrate Judge Noelle C. Collins. Pretrial Conference set for 10/25/2021 10:00 AM in Courtroom 15N – St. Louis before Magistrate Judge Noelle C. Collins. Pretrial Compliance due by 10/12/2021. Motion in Limine due by 10/22/2021.) Signed by Magistrate Judge Noelle C. Collins on 8/26/2020. (TMT) (Entered: 08/26/2020) |
| 09/14/2020 | 22 | NOTICE Substitution of Counsel, Withdrawal, and Entry of Appearance: by Defendant Select Portfolio Servicing, Inc. (Weber, Beverly) (Entered: 09/14/2020) |
| 09/15/2020 | 23 | NOTICE Certificate of Service re Rule 26 Disclosures: by Defendant Select Portfolio Servicing, Inc. (Weber, Beverly) (Entered: 09/15/2020) |
| 09/15/2020 | 24 | NOTICE Certificate of Service: by Defendants Wachovia Mortgage Corp., Wells Fargo Bank, N.A. (Sommer, Hilary) (Entered: 09/15/2020) |
| 09/15/2020 | 25 | NOTICE Certificate of Service: by Plaintiffs Jennifer Wattles, Michael Wattles Rule 26 Disclosures (Love, Brian) (Entered: 09/15/2020) |
| 09/16/2020 | ***REMARK in Re: 23 , 24 , and 25 – Pursuant to Rule 26 – 3.02; In civil actions, discovery and disclosure materials pursuant to Fed.R.Civ.P. 26, 30, 31, 33, 34, 35, and 36, and the certificates of their service, shall not be filed with the Court except as exhibits to a motion or memorandum. (See Local Rule 26-3.02 located on the court website.) (TMT) (Entered: 09/16/2020) |
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