VALDIVIESO
v.
PHH MORTGAGE CORPORATION AS SUCCESSOR TO OCWEN LOAN SERVICING
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In this early-stage mortgage servicing dispute, the court issued an order requiring the plaintiff to explain why she cited three apparently non-existent cases in her response to a motion to dismiss, with potential sanctions under Rule 11 if the citations are false.
The court ordered the plaintiff to show cause by April 7, 2025, explaining whether the three cited cases exist and, if they do not, detailing why she cited them and addressing why sanctions should not be imposed. The court indicated that sanctions may include monetary sanctions or dismissal of the action.
[1] A court may impose sanctions under Rule 11 of the Federal Rules of Civil Procedure for citing non-existent cases.
[2] A court may impose sanctions under its inherent authority for citing non-existent cases.
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Join FLexlaw to unlock all legal intelligence“By April 7, 2025, the plaintiff must state whether these cases exist, and, if they do not, explain in detail why she cited them and show cause why sanctions should not be imposed under Rule 11, Federal Rules of Civil Procedure; the Court's inherent authority; or both for citing non-existent cases.”
Core directive requiring plaintiff to justify the citations or face sanctions.
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Join FLexlaw to unlock all legal intelligencePlaintiff Cecilia Valdivieso filed suit against Ocwen Loan Servicing LLC and PHH Mortgage Corporation regarding mortgage servicing. In her response to…
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—The plaintiff states, “Riley v. Midland Funding LLC, 720 F. Supp. 2d 251 (E.D. Pa. 2010): The court addressed the implications for debt collectors who fail to adhere to validation requirements, emphasizing that such failures can lead to legal penalties and the inability to continue collection efforts.” Doc. 27 at 3.
—The plaintiff states, “Spears v. Brennan, 745 F. 3d 332 (7th Cir. 2014): This case highlighted the necessity for debt collectors to provide timely and accurate validation of debts, reinforcing the consumer's right to dispute and verify the debt.” Doc. 27 at 3.
By April 7, 2025, the plaintiff must state whether these cases exist, and, if they do not, explain in detail why she cited them and show cause why sanctions should not be imposed under Rule 11, Federal Rules of Civil Procedure; the Court's inherent authority; or both for citing non-existent cases. Sanctions may include monetary sanctions or dismissal of the action.
In light of this order and the absence of a case management report or case management and scheduling order, the Court stays discovery to the extent the discovery period has begun. The Court will re-visit the stay and case management when addressing the response to this order or any renewed motions.
Ordered in Jacksonville, Florida, on March 13, 2025.
PATRICIA D. BARKSDALE
United States Magistrate Judge
c: Cecilia Valdivieso 4302 Conroy Club Dr. Orlando, FL 32835