This case was last updated from PACER on 10/27/2018 at 07:47:06 (UTC).

Kincaid v. Ditech Financial LLC

Case Summary

On 08/28/2018 Kincaid filed a Finance - Consumer Credit lawsuit against Ditech Financial LLC. This case was filed in U.S. District Courts, West Virginia Northern District. The Judge overseeing this case is John Preston Bailey. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:18-CV-00085

  • Filing Date:

    08/28/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Consumer Credit

  • Court:

    U.S. District Courts

  • Courthouse:

    West Virginia Northern District

Judge Details

Presiding Judge

John Preston Bailey

 

Party Details

Plaintiff

Lesia Kincaid

Defendant

Ditech Financial LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Ralph C. Young

Attorney at Hamilton Burgess Young & Pollard, PLLC

Po Box 959

Fayetteville, WV 25840

Steven R. Broadwater, Jr.

Attorney at Hamilton Burgess Young & Pollard, PLLC

Po Box 959

Fayetteville, WV 25840

Defendant Attorneys

John C. Lynch

Attorney at Troutman Sanders LLP

222 Central Park Avenue, Suite 2000

Virginia Beach, VA 23462

Jason E. Manning

Attorney at Troutman Sanders LLP

222 Central Park Avenue, Suite 2000

Virginia Beach, VA 23462

 

Court Documents

11 #1

Exhibit Agreement

#11

(#11) Memorandum in Opposition re #6 MOTION to Dismiss Action and to Compel Arbitration and to Dismiss filed by Lesia Kincaid. (Attachments: #1 Exhibit Agreement)(Broadwater, Steven) (Entered: 10/23/2018)

#10

(#10) ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINE TO RESPOND TO DEFENDANT'S MOTION TO DISMISS AND TO COMPEL ARBITRATION: It is ORDERED that Plaintiffs' #9 Unopposed Motion to Extend Deadline to Respond to Defendant's #6 Motion to Dismiss and to Compel Arbitration is hereby GRANTED. Responses due by 10/23/2018. Signed by District Judge John Preston Bailey on 10/12/18. (cnd) (Entered: 10/12/2018)

9 #1

Attachment Proposed Order

#9

(#9) MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss Action and to Compel Arbitration by Lesia Kincaid. (Attachments: #1 Attachment Proposed Order)(Broadwater, Steven) (Entered: 10/11/2018)

#8

(#8) ORDER SEALING EXHIBITS 3 AND 5 OF DITECH FINANCIAL LLCS DECLARATION FOR MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND COMPEL ARBITRATION: granting #4 to Seal the Defendants Exhibits 3 and 5 of Ditechs Declaration for Memorandum in Support of Motion to Dismiss and Compel Arbitration. Signed by District Judge John Preston Bailey on 10/5/18. (njz) (Entered: 10/05/2018)

7 #7

Exhibit 6 to Declaration

7 #6

*Restricted*

7 #5

Exhibit 4 to Declaration

7 #4

*Restricted*

7 #3

Exhibit 2 to Declaration

7 #2

Exhibit 1 to Declaration

7 #1

Declaration

#7

(#7) Memorandum in Support re #6 MOTION to Dismiss Action and to Compel Arbitration filed by Ditech Financial LLC. (Attachments: #1 Declaration, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration (Sealed), #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration (Sealed), #7 Exhibit 6 to Declaration)(Manning, Jason) (Entered: 10/02/2018)

#6

(#6) MOTION to Dismiss Action and to Compel Arbitration by Ditech Financial LLC. (Manning, Jason) (Entered: 10/02/2018)

#5

(#5) Memorandum in Support re #4 MOTION for Leave to File Under Seal filed by Ditech Financial LLC. (Manning, Jason) (Entered: 10/02/2018)

4 #1

Text of Proposed Order

#4

(#4) MOTION for Leave to File Under Seal by Ditech Financial LLC. (Attachments: #1 Text of Proposed Order)(Manning, Jason) (Entered: 10/02/2018)

14 More Documents Available

 

Docket Entries

  • 10/23/2018
  • View Court Documents
  • (#11) Memorandum in Opposition re #6 MOTION to Dismiss Action and to Compel Arbitration and to Dismiss filed by Lesia Kincaid. (Attachments: #1 Exhibit Agreement)(Broadwater, Steven) (Entered: 10/23/2018)

    Read MoreRead Less
  • 10/12/2018
  • View Court Documents
  • (#10) ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINE TO RESPOND TO DEFENDANT'S MOTION TO DISMISS AND TO COMPEL ARBITRATION: It is ORDERED that Plaintiffs' #9 Unopposed Motion to Extend Deadline to Respond to Defendant's #6 Motion to Dismiss and to Compel Arbitration is hereby GRANTED. Responses due by 10/23/2018. Signed by District Judge John Preston Bailey on 10/12/18. (cnd) (Entered: 10/12/2018)

    Read MoreRead Less
  • 10/11/2018
  • View Court Documents
  • (#9) MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss Action and to Compel Arbitration by Lesia Kincaid. (Attachments: #1 Attachment Proposed Order)(Broadwater, Steven) (Entered: 10/11/2018)

    Read MoreRead Less
  • 10/05/2018
  • View Court Documents
  • (#8) ORDER SEALING EXHIBITS 3 AND 5 OF DITECH FINANCIAL LLCS DECLARATION FOR MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND COMPEL ARBITRATION: granting #4 to Seal the Defendants Exhibits 3 and 5 of Ditechs Declaration for Memorandum in Support of Motion to Dismiss and Compel Arbitration. Signed by District Judge John Preston Bailey on 10/5/18. (njz) (Entered: 10/05/2018)

    Read MoreRead Less
  • 10/02/2018
  • View Court Documents
  • (#7) Memorandum in Support re #6 MOTION to Dismiss Action and to Compel Arbitration filed by Ditech Financial LLC. (Attachments: #1 Declaration, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration (Sealed), #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration (Sealed), #7 Exhibit 6 to Declaration)(Manning, Jason) (Entered: 10/02/2018)

    Read MoreRead Less
  • 10/02/2018
  • View Court Documents
  • (#6) MOTION to Dismiss Action and to Compel Arbitration by Ditech Financial LLC. (Manning, Jason) (Entered: 10/02/2018)

    Read MoreRead Less
  • 10/02/2018
  • View Court Documents
  • (#5) Memorandum in Support re #4 MOTION for Leave to File Under Seal filed by Ditech Financial LLC. (Manning, Jason) (Entered: 10/02/2018)

    Read MoreRead Less
  • 10/02/2018
  • View Court Documents
  • (#4) MOTION for Leave to File Under Seal by Ditech Financial LLC. (Attachments: #1 Text of Proposed Order)(Manning, Jason) (Entered: 10/02/2018)

    Read MoreRead Less
  • 09/14/2018
  • View Court Documents
  • (#3) SUMMONS Returned Executed via WVSOS as to Ditech Financial LLC served on 9/11/2018. (cnd) Modified filing date, NEF regenerated on 9/17/2018 (cnd). (Entered: 09/17/2018)

    Read MoreRead Less
  • 08/28/2018
  • View Court Documents
  • (#1) COMPLAINT against Ditech Financial LLC filed by Lesia Kincaid. (Attachments: #1 Civil Cover Sheet) Filing Fee $400 - Receipt #0424-2655651(njz) (Entered: 08/28/2018)

    Read MoreRead Less