Bankers

PHH Mortgage Corporation Calling the Kettle Black

PHH sues former employee and whistleblower and lawyer who obtained a class action settlement against admonished and sanctioned Ocwen in Texas

LIT COMMENTARY

Ocwen Financial Corporation v. PHH Mortgage Corporation

(4:23-cv-00408)

District Court, E.D. Texas, Judge Amos Mazzant

MAY 5, 2023 | REPUBLISHED BY LIT: SEP 15, 2023
SEP 15, 2023

Who permitted the above case style?

This case has been percolatin’ since the end of July, 2023.

f TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:23-cv-00408-ALM

Ocwen Financial Corporation v. PHH Mortgage Corporation et al
Assigned to: District Judge Amos L. Mazzant, III
Cause: 28:1331 Fed. Question: Breach of Contract
Date Filed: 05/05/2023
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Federal Question
Plaintiff
Ocwen Financial Corporation represented by Robert T Mowrey
Locke Lord LLP – Dallas
2200 Ross Ave, Suite 2800
Dallas, TX 75201-6776
214/740-8000
Fax: 214/740-8800
Email: rmowrey@lockelord.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDChristopher Scott Jones
Locke Lord LLP – Dallas
2200 Ross Ave, Suite 2800
Dallas, TX 75201-6776
214-740-8761
Fax: 214-740-8800
Email: sjones@lockelord.com
ATTORNEY TO BE NOTICEDWilliam Scott Hastings
Locke Lord LLP – Dallas
2200 Ross Ave, Suite 2800
Dallas, TX 75201-6776
214/740-8537
Fax: 12147408800
Email: shastings@lockelord.com
ATTORNEY TO BE NOTICED
Plaintiff
PHH Mortgage Corporation represented by Robert T Mowrey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDChristopher Scott Jones
(See above for address)
ATTORNEY TO BE NOTICEDWilliam Scott Hastings
(See above for address)
ATTORNEY TO BE NOTICED
V.
Defendant
Samuel L. Boyd represented by Nicole Therese LeBoeuf
LeBoeuf Law, PLLC
325 N. St. Paul, Suite 3400
Dallas, TX 75201
214-624-9803
Fax: 214-602-4353
Email: nicole@leboeuflaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDCatherine Carlyle Jobe
Boyd & Associates
6440 North Central Expressway
Suite 600
Dallas, TX 75206
214/696-2300
Fax: 12143636856
Email: cjobe@boydfirm.com
ATTORNEY TO BE NOTICED
Defendant
Boyd & Associates represented by Nicole Therese LeBoeuf
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDCatherine Carlyle Jobe
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jean-Marc Eichner represented by Nicole Therese LeBoeuf
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDCatherine Carlyle Jobe
(See above for address)
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
05/05/2023 1 NOTICE OF REMOVAL by Boyd & Associates, Samuel L. Boyd, Jean-Marc Eichner from 416th District Court of Collin County, Texas, case number 416-01826-2023. (Filing fee $ 402 receipt number ATXEDC-9486489), filed by Boyd & Associates, Samuel L. Boyd, Jean-Marc Eichner. (Attachments: # 1 Civil Cover Sheet)(Jobe, Catherine) (Entered: 05/05/2023)
05/05/2023 6 ***COMPLAINT FILED IN STATE COURT***

COMPLAINT against Samuel L. Boyd, Boyd & Associates, Jean-Marc Eichner, filed by Ocwen Financial Corporation, PHH Mortgage Corporation.(baf, ) (Entered: 05/08/2023)

05/08/2023 2 NOTICE of Attorney Appearance by Robert T Mowrey on behalf of Ocwen Financial Corporation (Mowrey, Robert) (Entered: 05/08/2023)
05/08/2023 3 NOTICE of Attorney Appearance by William Scott Hastings on behalf of Ocwen Financial Corporation (Hastings, William) (Entered: 05/08/2023)
05/08/2023 4 NOTICE of Attorney Appearance by Christopher Scott Jones on behalf of Ocwen Financial Corporation (Jones, Christopher) (Entered: 05/08/2023)
05/08/2023 5 Additional Attachments to Main Document: 1 Notice of Removal,.. (Attachments: # 1 Exhibit Exhibit A Citation to Samuel Boyd, # 2 Exhibit Exhibit B Citation to Jean-Marc Eichner, # 3 Exhibit Exhibit C Ocwen’s State Court Petition, # 4 Exhibit Exhibit D1 List of Parties, Type, Case Status, # 5 Exhibit Exhibit D2 State Court Docket Report, # 6 Exhibit Exhibit D3 List of attorneys)(Jobe, Catherine) (Entered: 05/08/2023)
05/08/2023 7 Opposed MOTION to Remand to State Court by Ocwen Financial Corporation, PHH Mortgage Corporation. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Mowrey, Robert) (Entered: 05/08/2023)
05/10/2023 8 ORDER AND ADVISORY re 1 Notice of Removal, filed by Boyd & Associates, Samuel L. Boyd, Jean-Marc Eichner. Signed by District Judge Amos L. Mazzant, III on 5/10/2023. (baf, ) (Entered: 05/10/2023)
05/10/2023 9 Unopposed MOTION for Extension of Time to File Response/Reply as to 7 Opposed MOTION to Remand to State Court by Samuel L. Boyd, Boyd & Associates, Jean-Marc Eichner. (Attachments: # 1 Text of Proposed Order Proposed Order on Unopposed Motion to Extend Time to File Opposition to Motion to Remand and Plaintiffs’ Time to File Reply)(LeBoeuf, Nicole) (Entered: 05/10/2023)
05/11/2023 10 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Ocwen Financial Corporation, PHH Mortgage Corporation (Mowrey, Robert) (Entered: 05/11/2023)
05/11/2023 11 ORDER granting 9 Unopposed MOTION for Extension of Time to File Response/Reply as to 7 Opposed MOTION to Remand to State Court . It is therefore ORDERED that Defendants may file their Opposition to Plaintiffs’ Motion To Remand on or before June 5, 2023, and that Plaintiffs may file their Reply in support of Plaintiffs’ Motion To Remand on or before June 16, 2023. Signed by District Judge Amos L. Mazzant, III on 5/11/2023. (slo) (Entered: 05/11/2023)
05/18/2023 12 NOTICE by Ocwen Financial Corporation, PHH Mortgage Corporation re 7 Opposed MOTION to Remand to State Court of Supplemental Authority (Attachments: # 1 Exhibit A – NOV Opinion)(Mowrey, Robert) (Entered: 05/18/2023)
05/25/2023 13 ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Joint Report due by 6/29/2023. Rule 16 Management Conference set for 7/18/2023 at 2:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 5/25/2023. (baf, ) (Entered: 05/25/2023)
06/05/2023 14 RESPONSE in Opposition re 7 Opposed MOTION to Remand to State Court filed by Samuel L. Boyd, Boyd & Associates, Jean-Marc Eichner. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order Denying Motion to Remand)(LeBoeuf, Nicole) (Entered: 06/05/2023)
06/14/2023 15 RESPONSE in Support re 7 Opposed MOTION to Remand to State Court filed by Ocwen Financial Corporation, PHH Mortgage Corporation. (Mowrey, Robert) (Entered: 06/14/2023)
06/22/2023 16 SUR-REPLY to Reply to Response to Motion re 7 Opposed MOTION to Remand to State Court filed by Samuel L. Boyd, Boyd & Associates, Jean-Marc Eichner. (Attachments: # 1 Supplement 1 – Separation Agreement)(LeBoeuf, Nicole) (Entered: 06/22/2023)
06/29/2023 17 REPORT of Rule 26(f) Planning Meeting. (Mowrey, Robert) (Entered: 06/29/2023)
06/29/2023 18 ***DEFICIENT DOCUMENT – PLEASE DISREGARD***

Joint MOTION for Protective Order (Entry of) and Agreed Order for Production of Electronically Stored Information by Ocwen Financial Corporation, PHH Mortgage Corporation. (Attachments: # 1 Proposed Order Protective Order, # 2 Proposed Order Agreed Order for Production of Electronically Stored Information)(Mowrey, Robert) (Entered: 06/29/2023)

07/03/2023 19 Joint MOTION for Protective Order (Entry of) and Agreed Order for Production of Electronically Stored Information by Ocwen Financial Corporation, PHH Mortgage Corporation. (Attachments: # 1 Proposed Order Protective Order, # 2 Proposed Order Agreed Order for Production of Electronically Stored Information)(Mowrey, Robert) (Entered: 07/03/2023)
07/05/2023 20 PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 7/5/2023. (baf, ) (Entered: 07/05/2023)
07/05/2023 21 AGREED ORDER FOR PRODUCTION OF ELECTRONICALLY STORED INFORMATION. The Parties Joint Motion for Entry of Agreed Order for Production of Electronically Stored Information (Dkt. 19 ) is GRANTED. Signed by District Judge Amos L. Mazzant, III on 7/5/2023. (baf, ) (Entered: 07/05/2023)
07/26/2023 22 SCHEDULING ORDER: Final Pretrial Conference set for 6/27/2024 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 10/10/2023 for Plaintiff and by 10/24/2023 for Defenant. Discovery due by 3/15/2024. Expert Witness List due by 9/26/2023. Joinder of Parties due by 8/29/2023. Proposed Jury instructions and Form of Verdict due by 6/13/2024. Mediation Completion due by 1/17/2024. Motions to dismiss, motions for summary judgment, or other dispositive motions due by 10/24/2023. Joint Final Pretrial Order due by 5/28/2024. Signed by District Judge Amos L. Mazzant, III on 7/26/2023. (baf, ) (Entered: 07/26/2023)

 


 

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