Snyder v. Ocwen Loan Servicing LLC

Filing 367

MOTION by Plaintiffs Tracee A. Beecroft, Susan Mansanarez, Keith Snyder for judgment (Terrell, Beth)

Case: 1:14-cv-08461 Document #: 367 Filed: 06/28/19 Page 1 of 4 PageID #:8247

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
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Keith Snyder and Susan Mansanarez,
individually and on behalf of all others similarly )
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situated,
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Ocwen Loan Servicing, LLC,
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Tracee A. Beecroft, on behalf of herself and all )
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others similarly situated,
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Ocwen Loan Servicing, LLC,
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Case No. 1:14-cv-08461
Honorable Matthew F. Kennelly
Consolidated

Case No. 1:16-cv-08677
Honorable Matthew F. Kennelly
Consolidated

PLAINTIFFS’ MOTION FOR ENTRY OF JUDGMENT

Case: 1:14-cv-08461 Document #: 367 Filed: 06/28/19 Page 2 of 4 PageID #:8248

Pursuant to Fed. R. Civ. P. 58(d), Plaintiffs respectfully move this Court to order the
clerk of court to enter judgment in this matter.
1.

On June 4, 2019, the Court signed and entered an Order Granting Final Approval

of Class Action Settlement and Dismissing Class Plaintiffs’ Claims (Dkt. 362). The Order states,
“A Judgment substantially in the form attached hereto as Exhibit H-1 will be entered forthwith.”
(Dkt. 362, ¶ 31). The proposed Judgment attached as Exhibit H-was unsigned.
2.

Absent exceptions that do not apply here, Rule 58 requires that every judgment

must be set out in a separate document. Fed. R. Civ. P. 58(a).
3.

The ECF notice accompanying the June 4, 2019 Order provides: “ORDER

GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND DISMISSING
CLASS PLAINTIFFS’ CLAIMS, signed by the Honorable Matthew F. Kennelly on 6/4/2019.” It
does not otherwise reference a judgment, and the Clerk of the Court has not since entered a
judgment.
4.

The transcript from the June 19, 2019 status hearing includes a discussion by and

between counsel and the Court that makes it appear that everyone may be operating under the
mistaken belief that a judgment has been entered in this matter and that the 30-day period to file
a notice of appeal pursuant to Fed. R. App. Proc. 4(a)(1) is running and will lapse on July 5,
2019.
5.

Plaintiffs bring this motion to seek clarification and entry of judgment under Rule

58(d).
For the foregoing reasons, Plaintiffs request the Court order the Court Clerk to enter the
judgment in this matter.

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Case: 1:14-cv-08461 Document #: 367 Filed: 06/28/19 Page 3 of 4 PageID #:8249

RESPECTFULLY SUBMITTED AND DATED this 28th day of June, 2019.
TERRELL MARSHALL LAW GROUP PLLC
By: /s/ Beth E. Terrell, Admitted Pro Hac Vice
Beth E. Terrell, Admitted Pro Hac Vice
[e-mail]
Adrienne D. McEntee, Admitted Pro Hac Vice
[e-mail]
936 North 34th Street, Suite 300
Telephone: [phone]
Facsimile: [phone]
Alexander H. Burke, #6281095
[e-mail]
Daniel J. Marovitch, #6303897
[e-mail]
BURKE LAW OFFICES, LLC
155 North Michigan Avenue, Suite 9020
Chicago, Illinois 60601
Telephone: [phone]
Facsimile: [phone]
Guillermo Cabrera
[e-mail]
Jared Quient, Admitted Pro Hac Vice
[e-mail]
THE CABRERA FIRM, APC
600 West Broadway, Suite 700
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
Mark L. Heaney
[e-mail]
HEANEY LAW FIRM, LLC
601 Carlson Parkway, Suite 1050
Minnetonka, Minnesota 55305
Telephone: [phone]
Attorneys for Plaintiffs

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Case: 1:14-cv-08461 Document #: 367 Filed: 06/28/19 Page 4 of 4 PageID #:8250

CERTIFICATE OF SERVICE
I, Beth E. Terrell, certify that I caused the foregoing to be served upon all persons and
entities authorized and registered to receive such service through the Court’s Case
Management/Electronic Case Files (CM/ECF) system on June 28, 2019.
/s/ Beth E. Terrell
Beth E. Terrell, Admitted Pro Hac Vice
Dated: June 28, 2019