4:23-CV-00029
01/09/2023
Pending - Other Pending
Finance - Consumer Credit
Audrey G. Fleissig
Robert Holtz
Central Bancompany, Inc.
238 Madison Street
Jefferson City, MO 65101
Cenlar Bank FSB
Richard A. Voytas, Jr.
Attorney at VOYTAS LAW LLC
7321 S. Lindbergh Boulevard, Suite 400
St. Louis, MO 63125
Michael P. Stephens
Attorney at JENKINS AND KLING PC
150 N. Meramec Avenue, Suite 400
St. Louis, MO 63105
Nicole Elizabeth Gorovsky
Attorney at JENKINS AND KLING PC
150 N. Meramec Avenue, Suite 400
St. Louis, MO 63105
Caleb J. Halberg
Attorney at DYKEMA GOSSETT - Chicago
10 S. Wacker Drive, Suite 2300
Chicago, IL 60606
(#36) MEMORANDUM in Support of Motion re #35 MOTION to Dismiss :Counts I-III of Plaintiff's Petition filed by Defendant Central Bancompany, Inc.. (Gorovsky, Nicole) (Entered: 03/09/2023)
(#35) MOTION to Dismiss :Counts I-III of Plaintiff's Petition by Defendant Central Bancompany, Inc.. (Gorovsky, Nicole) (Entered: 03/09/2023)
(#34) ORDER SETTING RULE 16 CONFERENCE. (See Full Order.) This case is assigned to Track: 2 - Standard. Joint Scheduling Plan due by 4/4/2023. Rule 16 Conference set for 4/11/2023 02:30 PM in Zoom Video Conference before District Judge Audrey G. Fleissig. Signed by District Judge Audrey G. Fleissig on 3/6/2023. (CBL) (Entered: 03/06/2023)
(#33) FIRST AMENDED COMPLAINT against defendant Cenlar Bank FSB, Central Bancompany, Inc. Amendment to #5 Petition (Removal/Transfer) filed by Robert Holtz. (CBL) (Entered: 03/06/2023)
(#29) MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss :MOTION TO DISMISS COUNTS I-III OF PLAINTIFFS PETITION by Plaintiff Robert Holtz. (Voytas, Richard) (Entered: 02/23/2023)
(#27) First MOTION to Stay Briefing on Motions to Dismiss by Plaintiff Robert Holtz. (Voytas, Richard) (Entered: 02/16/2023)
(#32) MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiff's motion for leave to amend is GRANTED. ECF No. #23 . The Clerk of Court shall (1) detach and file ECF No. 23-1 as Plaintiff's first amended complaint, (2) dismiss CitiMortgage, Inc. as a Defendant in this case, and correct the name of Defendant Cenlar Agency, Inc. to Cenlar Bank FSB. IT IS FURTHER ORDERED that the motions to dismiss directed to Plaintiff's original complaint, and the motions to stay and extend briefing on those motions to dismiss, are all DISMISSED without prejudice, as moot. ECF Nos. #6 , #21 , #25 , #27 , #29 & #30 . Signed by District Judge Audrey G. Fleissig on 3/6/2023. (CBL) (Entered: 03/06/2023)
Exhibit 1
(#33) FIRST AMENDED COMPLAINT against defendant Cenlar Bank FSB, Central Bancompany, Inc. Amendment to #5 Petition (Removal/Transfer) filed by Robert Holtz. (CBL) (Entered: 03/06/2023)
Attachment Notice to Plaintiff of Filing of Notice of Removal
Attachment Consent to Removal by Cenlar Agency
Attachment Consent to Removal by Central Bancompany
Attachment Disclosure of Organizational Interests
Original Filing Form original filing form
Civil Cover Sheet Civil cover sheet
Exhibit Docket Sheet & State Court documents
Exhibit Summons and State Court Petition
Main Document
Docket(#36) MEMORANDUM in Support of Motion re #35 MOTION to Dismiss :Counts I-III of Plaintiff's Petition filed by Defendant Central Bancompany, Inc.. (Gorovsky, Nicole) (Entered: 03/09/2023)
[-] Read LessDocket(#35) MOTION to Dismiss :Counts I-III of Plaintiff's Petition by Defendant Central Bancompany, Inc.. (Gorovsky, Nicole) (Entered: 03/09/2023)
[-] Read LessDocket(#34) ORDER SETTING RULE 16 CONFERENCE. (See Full Order.) This case is assigned to Track: 2 - Standard. Joint Scheduling Plan due by 4/4/2023. Rule 16 Conference set for 4/11/2023 02:30 PM in Zoom Video Conference before District Judge Audrey G. Fleissig. Signed by District Judge Audrey G. Fleissig on 3/6/2023. (CBL) (Entered: 03/06/2023)
[-] Read LessDocket(#33) FIRST AMENDED COMPLAINT against defendant Cenlar Bank FSB, Central Bancompany, Inc. Amendment to #5 Petition (Removal/Transfer) filed by Robert Holtz. (CBL) (Entered: 03/06/2023)
[-] Read LessDocket(#32) MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiff's motion for leave to amend is GRANTED. ECF No. #23 . The Clerk of Court shall (1) detach and file ECF No. 23-1 as Plaintiff's first amended complaint, (2) dismiss CitiMortgage, Inc. as a Defendant in this case, and correct the name of Defendant Cenlar Agency, Inc. to Cenlar Bank FSB. IT IS FURTHER ORDERED that the motions to dismiss directed to Plaintiff's original complaint, and the motions to stay and extend briefing on those motions to dismiss, are all DISMISSED without prejudice, as moot. ECF Nos. #6 , #21 , #25 , #27 , #29 & #30 . Signed by District Judge Audrey G. Fleissig on 3/6/2023. (CBL) (Entered: 03/06/2023)
[-] Read LessDocket(#31) RESPONSE to Motion re #27 First MOTION to Stay Briefing on Motions to Dismiss filed by Defendant CitiMortgage, Inc.. (Ford, Benjamin) (Entered: 03/02/2023)
[-] Read LessDocket(#30) MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Case by Plaintiff Robert Holtz. (Voytas, Richard) (Entered: 02/24/2023)
[-] Read LessDocket(#29) MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss :MOTION TO DISMISS COUNTS I-III OF PLAINTIFFS PETITION by Plaintiff Robert Holtz. (Voytas, Richard) (Entered: 02/23/2023)
[-] Read LessDocket(#28) RESPONSE in Opposition re #23 MOTION for Leave to File First Amended Complaint filed by Defendant Cenlar Agency, Inc.. (Halberg, Caleb) (Entered: 02/17/2023)
[-] Read LessDocket(#27) First MOTION to Stay Briefing on Motions to Dismiss by Plaintiff Robert Holtz. (Voytas, Richard) (Entered: 02/16/2023)
[-] Read LessDocket***REMARK ***CLERKS NOTE: THIS REMARK WAS ENTERED IN THIS CASE IN ERROR. NEF regenerated to all parties. (JBH) (Entered: 01/11/2023)
[-] Read LessDocketCase Opening Notification. Judge Assigned: Honorable John M. Bodenhausen. 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. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file a Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). (JBH) (Entered: 01/11/2023)
[-] Read LessDocket***REMARK Defendant Attorney for CitiMortgage, Inc. was notified via email and directed to re-file a Disclosure of Organizational Interests form on 1/10/2023. As of 1/11/2023 at 8:40AM there has been no response. Case will proceed with Judge assignment and case opening. (JBH) (Entered: 01/11/2023)
[-] Read LessDocket(#7) MEMORANDUM in Support of Motion re #6 MOTION to Dismiss :MOTION TO DISMISS COUNTS I-III OF PLAINTIFFS PETITION filed by Defendant Central Bancompany, Inc.. (JBH) (Entered: 01/10/2023)
[-] Read LessDocket(#6) MOTION TO DISMISS COUNTS I-III OF PLAINTIFFS PETITION by Defendant Central Bancompany, Inc. (JBH) (Entered: 01/10/2023)
[-] Read LessDocket(#5) Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Robert Holtz.(JBH) (Entered: 01/10/2023)
[-] Read LessDocket(#4) NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant CitiMortgage, Inc. Sent To: Plaintiff (JBH) (Entered: 01/10/2023)
[-] Read LessDocket(#3) NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant CitiMortgage, Inc. Sent To: State Court - Executed (Attachments: #1 State Court Notice of Filing Notice of Removal, #2 File-Stamped Notice of Removal Filed in State Court, #3 Proof of Service)(Ford, Benjamin) (Entered: 01/09/2023)
[-] Read LessDocket(#2) ENTRY of Appearance by Benjamin Ford for Defendant CitiMortgage, Inc.. (Ford, Benjamin) (Entered: 01/09/2023)
[-] Read LessDocket(#1) NOTICE OF REMOVAL from St. Louis County, case number 22SL-CC-5102, with receipt number AMOEDC-9712335, in the amount of $402 Jury Demand,, filed by CitiMortgage, Inc.. (Attachments: #1 Exhibit Summons and State Court Petition, #2 Exhibit Docket Sheet & State Court documents, #3 Civil Cover Sheet Civil cover sheet, #4 Original Filing Form original filing form, #5 Attachment Disclosure of Organizational Interests, #6 Attachment Consent to Removal by Central Bancompany, #7 Attachment Consent to Removal by Cenlar Agency, #8 Attachment Notice to Plaintiff of Filing of Notice of Removal)(Bakewell, Ketrina) (Entered: 01/09/2023)
[-] Read Less