This case was last updated from PACER on 09/14/2018 at 07:43:37 (UTC).

USA v. Mocahbee et al

Case Summary

On 07/14/2018 USA filed a Property - Foreclosure lawsuit against Mocahbee. This case was filed in U.S. District Courts, Kentucky Eastern District. The Judges overseeing this case are William O. Bertelsman and Candace J. Smith. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:18-CV-00120

  • Filing Date:

    07/14/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

  • Court:

    U.S. District Courts

  • Courthouse:

    Kentucky Eastern District

Judge Details

Presiding Judge

William O. Bertelsman

Referral Judge

Candace J. Smith

 

Party Details

Plaintiff and Cross Defendant

USA

Defendants, Cross Defendants and Cross Claimants

LVNV Funding, LLC

Barclays Bank Delaware

Jessica Renee Mocahbee

Unknown Spouse of Matthew Paul Mocahbee

Capital One Bank (USA), NA

Unknown Spouse of Jessica Renee Mocahbee

MatthewPaul Mocahbee

USA

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

A. George Mason, Jr.

Attorney at George Mason Law Firm, PSC

3070 Lakecrest Circle, Suite 400, Pmb 278

Lexington, KY 40513

Cross Defendant, Defendant and Cross Claimant Attorneys

W. Scott Stinnett

Attorney at Lloyd & McDaniel, P.L.C. - Louisville

11405 Park Road, Suite 200

Louisville, KY 40223-0200

Steven N. Howe

94 S. Main Street

Dry Ridge, KY 41035

Kerry L. Neff

526 Greenup Street

Covington, KY 41011

Plaintiff, Cross Defendant and Cross Claimant Attorneys

A. George Mason, Jr.

Attorney at George Mason Law Firm, PSC

3070 Lakecrest Circle, Suite 400, Pmb 278

Lexington, KY 40513

W. Scott Stinnett

Attorney at Lloyd & McDaniel, P.L.C. - Louisville

11405 Park Road, Suite 200

Louisville, KY 40223-0200

 

Court Documents

1 #1

Civil Cover Sheet

1 #2

Exhibit A - Promissory Note

1 #3

Exhibit B - Mortgage

1 #4

Exhibit C - Subsidy Repayment Agreement

1 #5

Exhibit D - Affidavit of Proof Statement

1 #6

Exhibit E - Notice of Judgment Lien

1 #13

Proposed Summons - Capital One Bank

1 #10

Proposed Summons Jessica Renee Mocahbee

1 #9

Proposed Summons - Barclays

#19

(#19) ORDER: 1) Motion for the Appointment of a Warning Order Attorney for Defendant the Unknown Spouse of Matthew Paul Mocahbee #16 is hereby granted. 2) Pursuant to Rules 4(e)(1) and 4(g) of the Federal Rules of Civil Procedure and Rules 4.05, 4.06, 4.07 and 4.08 of the Kentucky Rules of Civil Procedure, the following, a practicing attorney in good standing with this Court, is hereby appointed Warning Order Attorney for the Defendant the Unknown Spouse of Matthew Paul Mocahbee: Kerry Neff 526 Greenup Street Covington, KY 41011. 3) WOA shall make diligent efforts to inform said Deft by mail, concerning the pendency and nature of the within action; 4) If WOA cannot inform the Def, he shall report to the Court and shall make a defense by answer if the WOA can. If unable to make a defense, WOA shall so report; 5) If WOA knows or learns that Def is an unmarried infant or of unsound mind or otherwise under a legal disability, such info shall be included in the WOA report; 6) The United States' cause of action if for the foreclosure of the Government's mortgage lien(s) on the subject property. Upon receipt of this Order, the Plf's atty shall cause to be delivered to the WOA's office the following: copy of complaint, copy of Plf's Motion for Order, and copy of this Order; 7) Upon the filing of the report, WOA may file a motion and affidavit for payment of WOA's fees and expenses. The Court will award the WOA the customary fee for such services as well as reasonable expenses. WOA's fee and expenses shall be taxed as costs; 8) Plf's payment policies for said WOA's fees and expensesrequire, on average, sixty (60) days for payment. In the event that the above appointed WOA has objection to said payment schedule, he should move the Court for an order withdrawing from this case within ten (10) days of entry hereof. Otherwise, he shall be deemed subject to Plf's payment schedule. (Parties to see Order for Details). Signed by Magistrate Judge Candace J. Smith on 9/4/2018. (ECO)cc: COR (Entered: 09/04/2018)

16 #1

Affidavit Affidavit of A. George Mason, Jr.

16 #2

Proposed Order

#16

(#16) MOTION for warning order attorney by USA Motions referred to Candace J. Smith. (Attachments: #1 Affidavit Affidavit of A. George Mason, Jr., #2 Proposed Order)(Mason, A.) (Entered: 08/24/2018)

#17

(#17) ORDER: that plaintiff's motion for entry of default #15 be, and is hereby, GRANTED AS TO DEFENDANTS MOCAHBEE AND CAPITAL ONE BANK (USA), NA AND DENIED AS TO DEFENDANT LVNV FUNDING, LLC. The Clerk is Ordered to enter an Entry of Default as to defendants Mocahbee and Capital One Bank (USA), NA. Signed by Judge William O. Bertelsman on 8/29/2018.(ECO)cc: COR,DEFS (Entered: 08/30/2018)

#18

(#18) Clerk's ENTRY OF DEFAULT as to Capital One Bank (USA), NA, Matthew Paul Mocahbee #16 MOTION for warning order attorney by USA (Filed per Order DE #17 ). cc: COR, DEFS (ECO) (Entered: 08/30/2018)

15 #3

Proposed Order

15 #2

Affidavit Affidavit of Kimberly Williamson

#15

(#15) MOTION for Entry of Default by USA . (Attachments: #1 Affidavit Affidavit of A. George Mason, Jr., #2 Affidavit Affidavit of Kimberly Williamson, #3 Proposed Order)(Mason, A.) Modified text to take out referral language on 8/27/2018 (ECO). (Entered: 08/24/2018)

27 More Documents Available

 

Docket Entries

  • 09/04/2018
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  • (#19) ORDER: 1) Motion for the Appointment of a Warning Order Attorney for Defendant the Unknown Spouse of Matthew Paul Mocahbee #16 is hereby granted. 2) Pursuant to Rules 4(e)(1) and 4(g) of the Federal Rules of Civil Procedure and Rules 4.05, 4.06, 4.07 and 4.08 of the Kentucky Rules of Civil Procedure, the following, a practicing attorney in good standing with this Court, is hereby appointed Warning Order Attorney for the Defendant the Unknown Spouse of Matthew Paul Mocahbee: Kerry Neff 526 Greenup Street Covington, KY 41011. 3) WOA shall make diligent efforts to inform said Deft by mail, concerning the pendency and nature of the within action; 4) If WOA cannot inform the Def, he shall report to the Court and shall make a defense by answer if the WOA can. If unable to make a defense, WOA shall so report; 5) If WOA knows or learns that Def is an unmarried infant or of unsound mind or otherwise under a legal disability, such info shall be included in the WOA report; 6) The United States' cause of action if for the foreclosure of the Government's mortgage lien(s) on the subject property. Upon receipt of this Order, the Plf's atty shall cause to be delivered to the WOA's office the following: copy of complaint, copy of Plf's Motion for Order, and copy of this Order; 7) Upon the filing of the report, WOA may file a motion and affidavit for payment of WOA's fees and expenses. The Court will award the WOA the customary fee for such services as well as reasonable expenses. WOA's fee and expenses shall be taxed as costs; 8) Plf's payment policies for said WOA's fees and expensesrequire, on average, sixty (60) days for payment. In the event that the above appointed WOA has objection to said payment schedule, he should move the Court for an order withdrawing from this case within ten (10) days of entry hereof. Otherwise, he shall be deemed subject to Plf's payment schedule. (Parties to see Order for Details). Signed by Magistrate Judge Candace J. Smith on 9/4/2018. (ECO)cc: COR (Entered: 09/04/2018)

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  • 08/30/2018
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  • (#18) Clerk's ENTRY OF DEFAULT as to Capital One Bank (USA), NA, Matthew Paul Mocahbee #16 MOTION for warning order attorney by USA (Filed per Order DE #17 ). cc: COR, DEFS (ECO) (Entered: 08/30/2018)

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  • 08/29/2018
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  • (#17) ORDER: that plaintiff's motion for entry of default #15 be, and is hereby, GRANTED AS TO DEFENDANTS MOCAHBEE AND CAPITAL ONE BANK (USA), NA AND DENIED AS TO DEFENDANT LVNV FUNDING, LLC. The Clerk is Ordered to enter an Entry of Default as to defendants Mocahbee and Capital One Bank (USA), NA. Signed by Judge William O. Bertelsman on 8/29/2018.(ECO)cc: COR,DEFS (Entered: 08/30/2018)

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  • 08/27/2018
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  • ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #16 MOTION for warning order attorney by USA (ECO) (Entered: 08/27/2018)

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  • 08/24/2018
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  • (#16) MOTION for warning order attorney by USA Motions referred to Candace J. Smith. (Attachments: #1 Affidavit Affidavit of A. George Mason, Jr., #2 Proposed Order)(Mason, A.) (Entered: 08/24/2018)

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  • 08/24/2018
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  • (#15) MOTION for Entry of Default by USA . (Attachments: #1 Affidavit Affidavit of A. George Mason, Jr., #2 Affidavit Affidavit of Kimberly Williamson, #3 Proposed Order)(Mason, A.) Modified text to take out referral language on 8/27/2018 (ECO). (Entered: 08/24/2018)

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  • 08/20/2018
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  • (#14) SUMMONS Returned Executed by USA via Certified Mail to LVNV Funding, LLC served on 7/20/2018, answer due 8/10/2018. (Mason, A.) (Entered: 08/20/2018)

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  • 08/20/2018
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  • (#13) SUMMONS Returned Executed by USA via Certified Mail to Capital One Bank (USA), NA served on 7/19/2018, answer due 8/9/2018. (Mason, A.) (Entered: 08/20/2018)

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  • 08/20/2018
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  • (#12) SUMMONS Returned Executed by USA via Certified Mail to Barclays Bank Delaware served on 7/18/2018, answer due 8/8/2018. (Mason, A.) (Entered: 08/20/2018)

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  • 08/20/2018
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  • (#11) SUMMONS Returned Executed by USA via Certified Mail to Jessica Renee Mocahbee served on 7/23/2018, answer due 8/13/2018. (Mason, A.) (Entered: 08/20/2018)

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  • 08/20/2018
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  • (#10) SUMMONS Returned Executed by USA via Certified Mail to MatthewPaul Mocahbee served on 7/23/2018, answer due 8/13/2018. (Mason, A.) (Entered: 08/20/2018)

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  • 08/13/2018
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  • (#9) ANSWER to #5 Answer to Complaint, Crossclaim by Jessica Renee Mocahbee.(Howe, Steven) (Entered: 08/13/2018)

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  • 08/10/2018
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  • (#8) ANSWER to #1 Complaint,, by Jessica Renee Mocahbee.(Howe, Steven) (Entered: 08/10/2018)

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  • 07/30/2018
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  • (#7) FRCP 7.1 DISCLOSURE STATEMENT by Barclays Bank Delaware. (Stinnett, W.) (Entered: 07/30/2018)

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  • 07/30/2018
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  • (#6) NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, W. Scott Stinnett. #5 Answer to Complaint, Crossclaim has been filed by Barclays Bank Delaware without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TJZ) (Entered: 07/30/2018)

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  • 07/24/2018
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  • (#5) ANSWER to #1 Complaint,, , CROSSCLAIM against All Parties by Barclays Bank Delaware.(Stinnett, W.) (Entered: 07/24/2018)

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  • 07/16/2018
  • Conflict Check run. (LST) (Entered: 07/16/2018)

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  • 07/14/2018
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  • (#4) Summons Issued as to Barclays Bank Delaware, Capital One Bank (USA), NA, LVNV Funding, LLC, Jessica Renee Mocahbee, MatthewPaul Mocahbee; Summons issued and returned to counsel electronically (LST) (Entered: 07/16/2018)

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  • 07/14/2018
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  • (#3) STANDING REFERRAL ORDER; 1)Case referred to Mag. Judge to supervise discovery and pretrial proceedings. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct all pretrial/status conferences and rule on nondispositive motions. Dispositive motions and motions in limine to be referred by the Clerk of this Court to the undersigned. Final pretrial conference and trial also to be before the undersigned. Signed by Judge William O. Bertelsman on 06/18/2010.(LST)cc: COR (Entered: 07/16/2018)

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  • 07/14/2018
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  • (#1) COMPLAINT ( Filing fee $400; receipt number 0643-4119971), filed by USA. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Promissory Note, #3 Exhibit B - Mortgage, #4 Exhibit C - Subsidy Repayment Agreement, #5 Exhibit D - Affidavit of Proof Statement, #6 Exhibit E - Notice of Judgment Lien, #7 Exhibit F - Notice of Judgment Lien, #8 Exhibit G - Lien, #9 Proposed Summons - Barclays, #10 Proposed Summons Jessica Renee Mocahbee, #11 Proposed Summons - LVNV Funding, LLC, #12 Proposed Summons Matthew Paul Mocahbee, #13 Proposed Summons - Capital One Bank)(LST) (Entered: 07/16/2018)

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