FDCPA

Michael and Jennifer Wattles v. Wells Fargo Bank et al, MO

Michael and Jennifer Wattles are suing the lender Wells Fargo and Wachovia for not settling sums due on refinance to list of agreed payees.

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

Case in other court:  Circuit Court of St. Charles County, Missouri, 2011-CC00457

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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Michael and Jennifer Wattles v. Wells Fargo Bank et al, MO
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