Viegas et al v. LoanDepot Inc. et al
| Colorado District Court | |
| Judge: | Philip A Brimmer |
| Referred: | Scott T Varholak |
| Case #: | 1:24-cv-02822 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 11, 2024 |
| Last checked: Monday Nov 25, 2024 1:39 AM MST |
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Defendant
LoanDepot Inc.
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Defendant
Roundpoint Mortgage Servicing LLC
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Represented By
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Defendant
Sayer Law Group, P.C., The
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Plaintiff
James Viegas
the individual c/o 17 South Sherwood Glen
Monument, CO 80132 |
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Plaintiff
Keri L. Viegas
the individual [E-filer effective 10/15/2024] 17 South Sherwood Glen
Monument, CO 80132 |
GPO
Dec 17 2024
ORDER by Chief Judge Philip A. Brimmer on 12/17/2024, re: 10 Plaintiffs Request for Emergency Injunction to Halt Nonjudicial Foreclosure by Affidavit of Truth and Fact is DENIED.(dgumb, ) |
| Docket last updated: 01/03/2025 11:59 PM MST |
| Thursday, January 02, 2025 | ||
| 36 | 36
respm
Response to Motion
Thu 01/02 2:19 PM
RESPONSE to29 MOTION to Dismiss Pursuant to C.R.C.P. 12(b)(5) AND 12(b)(6) Objection to ALL Grounds of Motion filed by Plaintiffs Keri L. Viegas, James Viegas.(Viegas, Keri) |
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Att: 1
Exhibit Affidavit Supporting False Information
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| Thursday, December 26, 2024 | ||
| 35 | 35
appeal
Letter Transmitting Notice of Appeal
Thu 12/26 9:39 AM
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the34 Notice of Appeal filed by James Viegas, and Keri L. Viegas to the U.S. Court of Appeals. (Pro Se, Fee not paid and 1915 motion not filed,)(agarc, ) |
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Att: 1
Docket Sheet,
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Att: 2
Preliminary Record
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| Tuesday, December 24, 2024 | ||
| 34 | 34
appeal
Notice of Appeal - 10th Circuit
Tue 12/24 9:38 AM
NOTICE OF APPEAL as to26 Order on Motion for Preliminary Injunction,33 Order on Motion for Hearing/Conference on Interlocutory Order by Plaintiffs Keri L. Viegas, James Viegas (Viegas, Keri) |
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| 33 | 33
2
pgs
order
Order on Motion for Hearing/Conference
Tue 12/24 8:05 AM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/23/2024, re:30 plaintiffs' Request for Hearing to Reconsider Injunction Decision is DENIED .(dgumb, ) |
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| Monday, December 23, 2024 | ||
| 32 | 32
respm
Reply to Response to Motion
Mon 12/23 9:20 PM
REPLY to Response to18 MOTION to Dismiss Complaint filed by Defendant LoanDepot Inc.. (Shilliday, Holly) |
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| 31 | 31
order
Memorandum
Mon 12/23 7:52 AM
MEMORANDUM regarding29 MOTION to Dismiss Pursuant to C.R.C.P. 12(b)(5) AND 12(b)(6) filed by Sayer Law Group, P.C. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/23/2024. Text Only Entry (pabsec, ) |
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| 30 | 30
motion
Hearing/Conference
Mon 12/23 7:41 AM
MOTION for Hearing/Conference re28 Minute Order,26 Order on Motion for Preliminary Injunction by Plaintiffs Keri L. Viegas, James Viegas. (Viegas, Keri) |
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| Friday, December 20, 2024 | ||
| 29 | 29
motion
Dismiss
Fri 12/20 5:20 PM
MOTION to Dismiss Pursuant to C.R.C.P. 12(b)(5) AND 12(b)(6) by Defendant Sayer Law Group, P.C., The. (Rojas, Marcello) |
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| 28 | 28
order
Minute Order
Fri 12/20 3:58 PM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/20/2024, re:27 "Plaintiffs Declaration in Support of Objection/Appeal to Order". The Court will take no action on plaintiffs' objection. (dgumb, ) |
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| Thursday, December 19, 2024 | ||
| 27 | 27
misc
Objections
Thu 12/19 8:31 AM
OBJECTIONS to26 Order on Motion for Preliminary Injunction Declaration for Vacate and Appeal by Plaintiffs Keri L. Viegas, James Viegas.(Viegas, Keri) |
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Att: 1
Exhibit Judicial Notice
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| Tuesday, December 17, 2024 | ||
| 26 | 26
8
pgs
order
Order on Motion for Preliminary Injunction
Tue 12/17 3:26 PM
ORDER by Chief Judge Philip A. Brimmer on 12/17/2024, re:10 Plaintiffs Request for Emergency Injunction to Halt Nonjudicial Foreclosure by Affidavit of Truth and Fact is DENIED .(dgumb, ) |
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| Monday, December 09, 2024 | ||
| 25 | 25
respm
Response to Motion
Mon 12/09 6:10 PM
RESPONSE to18 MOTION to Dismiss Complaint by AFFIDAVIT OF TRUTH AND FACT filed by Plaintiffs Keri L. Viegas, James Viegas. (Viegas, Keri) |
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| Friday, December 06, 2024 | ||
| 24 | 24
4
pgs
order
Order of Recusal
Mon 12/09 9:13 AM
ORDER OF RECUSAL By Magistrate Judge Maritza Dominguez Braswell on 12/06/2024. The undersigned recuses herself from this case, and it is hereby ORDERED that this case be reassigned to another magistrate judge. Case reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 24-cv-02822-PAB-STV . (jrobe, ) |
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| Thursday, December 05, 2024 | ||
| 23 | 23
service
Affidavit/Return of Service - Executed - Complaint
Thu 12/05 8:44 PM
SUMMONS Returned Executed by Keri L. Viegas, James Viegas. Sayer Law Group, P.C., The served on 12/4/2024, answer due 12/26/2024. (Viegas, Keri) |
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| 22 | 22
notice
Notice (Other)
Thu 12/05 8:31 PM
NOTICE - Judicial Notice of Adjudicative Facts by Plaintiffs Keri L. Viegas, James Viegas (Viegas, Keri) |
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| 21 | 21
respm
Reply to Response to Motion
Thu 12/05 2:08 PM
REPLY to Response to8 MOTION to Dismiss Complaint filed by Defendant Roundpoint Mortgage Servicing LLC. (Siler, Jamie) |
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| Monday, December 02, 2024 | ||
| 20 | 20
order
Memorandum
Mon 12/02 8:18 AM
MEMORANDUM regarding18 MOTION to Dismiss Complaint filed by LoanDepot Inc. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 12/02/2024. Text Only Entry (pabsec, ) |
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| 19 | 19
respm
Reply to Response to Motion
Mon 12/02 6:50 AM
REPLY to Response to10 Emergency MOTION for Preliminary Injunction to Halt Nonjudicial Foreclosure by AFFIDAVIT OF TRUTH AND FACT filed by Plaintiffs Keri L. Viegas, James Viegas. (Viegas, Keri) |
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| Wednesday, November 27, 2024 | ||
| 18 | 18
motion
Dismiss
Wed 11/27 4:06 PM
MOTION to Dismiss Complaint by Defendant LoanDepot Inc.. (Shilliday, Holly) |
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| 17 | 17
order
Order Minute Order
Wed 11/27 3:43 PM
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| Tuesday, November 26, 2024 | ||
| 16 | 16
respm
Response to Motion
Tue 11/26 6:17 PM
RESPONSE to10 Emergency MOTION for Preliminary Injunction to Halt Nonjudicial Foreclosure filed by Defendant Roundpoint Mortgage Servicing LLC. (Siler, Jamie) |
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| Thursday, November 21, 2024 | ||
| 15 | 15
respm
Response to Motion
Thu 11/21 1:13 PM
RESPONSE to8 MOTION to Dismiss Complaint by AFFIDAVIT OF TRUTH AND FACT filed by Plaintiffs Keri L. Viegas, James Viegas. (Viegas, Keri) |
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| Sunday, November 17, 2024 | ||
| 14 | 14
misc
Consent to Jurisdiction of Magistrate Judge
Sun 11/17 4:00 PM
CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Keri L. Viegas, James Viegas All parties do not consent.. (Viegas, Keri) |
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| Tuesday, November 12, 2024 | ||
| 13 | 13
order
Minute Order
Tue 11/12 12:51 PM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/12/2024, re:10 Plaintiffs Request for Emergency Injunction to Halt Nonjudicial Foreclosure by Affidavit of Truth and Fact. ORDERED that defendant Roundpoint Mortgage Servicing LLC shall respond to plaintiffs' Request for Emergency Injunction to Halt Nonjudicial Foreclosure [Docket No.10 ] on or before November 26, 2024 . (dgumb, ) |
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service
Affidavit/Return of Service - Executed - Complaint
Tue 11/12 11:36 AM
SUMMONS Returned Executed by Keri L. Viegas, James Viegas. LoanDepot Inc. served on 10/15/2024, answer due 11/5/2024. (Viegas, Keri) |
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service
Affidavit/Return of Service - Executed - Complaint
Tue 11/12 11:25 AM
SUMMONS Returned Executed by Keri L. Viegas, James Viegas. Sayer Law Group, P.C., The served on 10/15/2024, answer due 11/5/2024. (Viegas, Keri) |
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| Monday, November 11, 2024 | ||
| 10 | 10
motion
Preliminary Injunction
Mon 11/11 11:43 PM
Emergency MOTION for Preliminary Injunction to Halt Nonjudicial Foreclosure by Plaintiffs Keri L. Viegas, James Viegas.(Viegas, Keri) |
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Att: 1
Exhibit Letter Threatening keri l viegas,
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Att: 2
Exhibit Unlawful Debt Demand,
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Att: 3
Exhibit Fraudulent Claims,
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Att: 4
Exhibit Unlawfully filed NED on Living Souls
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| Friday, November 08, 2024 | ||
| 9 | 9
order
Memorandum
Fri 11/08 10:28 AM
MEMORANDUM regarding8 MOTION to Dismiss Complaint filed by Roundpoint Mortgage Servicing LLC. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 11/08/2024. Text Only Entry (pabsec, ) |
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| 8 | 8
motion
Dismiss
Fri 11/08 10:24 AM
MOTION to Dismiss Complaint by Defendant Roundpoint Mortgage Servicing LLC.(Siler, Jamie) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Wednesday, November 06, 2024 | ||
| 7 | 7
order
Order on Motion to Dismiss
Wed 11/06 8:31 AM
ORDER by Chief Judge Philip A. Brimmer on 11/6/2024. Defendant's Motion to Dismiss Complaint6 is STRICKEN for failure to comply with § III.A of this Court's Practice Standards ("All motions... shall not exceed fifteen pages.... These page limitations include... [the] signature block, and all other matters, except the certificate of service."). Defendant shall file a Motion to Dismiss that complies with the Court's practice standards on or before November 8, 2024 . Text Only Entry(pabsec, ) |
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| Tuesday, November 05, 2024 | ||
| 6 | 6
motion
Dismiss
Tue 11/05 7:11 PM
MOTION to Dismiss Complaint by Defendant Roundpoint Mortgage Servicing LLC.(Siler, Jamie) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| Thursday, October 17, 2024 | ||
| 5 | 5
order
Order Referring Case to Magistrate Judge
Thu 10/17 8:54 AM
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell for all motions . Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 10/17/2024. Text Only Entry (pabsec, ) |
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| Friday, October 11, 2024 | ||
| 4 | 4
misc
Summons Issued
Fri 10/11 11:37 AM
SUMMONS issued over the counter by Clerk. (efoga, ) |
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| 3 | 3
misc
Magistrate Judge Consent Form
Fri 10/11 11:34 AM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) (Main Document 3 replaced on 10/11/2024) (efoga, ) |
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| 2 | 2
misc
Case Assigned to Judge
Fri 10/11 11:33 AM
Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, ) |
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| 1 | 1
6
pgs
cmp
Complaint
Fri 10/11 11:33 AM
COMPLAINT against LoanDepot Inc., Roundpoint Mortgage Servicing LLC, Sayer Law Group, P.C., The Filing Fee: $405.00 Receipt Number:112143, filed by Keri L. Viegas, James Viegas.(efoga, ) Modified on 10/11/2024 to correct document name(efoga, ) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit
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