Bank of America, N.A. v. HSHF Properties, LLC et al
| Bank of America, N.A. and Lakeland West Capital XXI, LLC |
| People's United Equipment Finance Corp., Financial Federal Credit Inc., United States of America, Department of the Treasury - Internal Revenue Service, Charlie Campbell, Stacey Lynn Bean, Rebecca Dodd-Talbert, Dora Bean, State of Arkansas, Department of Finance and Administration, Hot Springs Health and Fitness, Inc., HSHF Properties, LLC, FCC, LLC, Grady Bean and Key Equipment Finance, Inc. |
| 6:2013cv06075 |
| July 2, 2013 |
| US District Court for the Western District of Arkansas |
| Hot Springs Office |
| Garland |
| Susan O Hickey |
| Real Property: Foreclosure |
| 28 U.S.C. § 1367 |
| None |
Docket Report
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This docket was last retrieved on May 29, 2015. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 74
ORDER granting #72 Motion to Dismiss; Plaintiff's Complaint is Dismissed without Prejudice. See Order for Specifics. Signed by Honorable Susan O. Hickey on May 29, 2015. (hnc)
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| Filing 73 MEMORANDUM BRIEF in Support of Motion for Voluntary Dismissal Without Prejudice by Lakeland West Capital XXI, LLC. (Young, Patrick) |
| Filing 72 MOTION to Dismiss Motion for Voluntary Dismissal Without Prejudice by Lakeland West Capital XXI, LLC. (Young, Patrick) |
| Filing 71 Proposed MOTION for Findings of Fact and Conclusions of Law by Lakeland West Capital XXI, LLC. (Henry, Judy) |
| Filing 70 PRETRIAL DISCLOSURE SHEET by Grady Bean. (Honey, Marc) |
| Filing 69 PRETRIAL DISCLOSURE SHEET by Lakeland West Capital XXI, LLC. (Henry, Judy) |
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Filing 68
ORDER granting in part and denying in part #67 Motion for Extension of Time to File. The deadline for filing dispositive motions is extended to 3/16/15. Signed by Honorable Susan O. Hickey on February 26, 2015. (hnc)
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| Filing 67 MOTION for Extension of Time to File Unopposed Motion to Extend Dispositive Motions Deadline by Lakeland West Capital XXI, LLC. (Henry, Judy) |
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Filing 66
ORDER granting #65 Motion to Substitute Party. Lakeland West Capital XXI, LLC added. Bank of America, N.A. terminated. Signed by Honorable Susan O. Hickey on February 13, 2015. (rw)
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| Filing 65 MOTION to Substitute Party by Bank of America, N.A.. (Henry, Judy) |
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Filing 64
ORDER approving joint stipulation of Plaintiff and all Defendants other than Bean Defendants as set forth. Signed by Honorable Susan O. Hickey on October 30, 2014. (lw)
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| Filing 63 FINAL SCHEDULING ORDER: Bench Trial set for the week of 6/1/2015 @ 09:00 AM in Hot Springs -- 3rd flr (Rm 360) before Honorable Susan O. Hickey. Signed by Honorable Susan O. Hickey on October 23, 2014. (rwg) |
| Filing 62 JOINT REPORT of Rule 26(f) Planning Meeting by Bank of America, N.A.. (Henry, Judy) |
| Filing 61 STIPULATION Joint Stipulations of Plaintiff and All Defendants Other Than Bean Defendants by Bank of America, N.A.. (Henry, Judy) |
| Filing 60 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to be held by 9/5/2014. Rule 26(f) Meeting Report due by 9/30/2014. Bench Trial set for the week of 6/1/2015 Hot Springs -- 3rd flr (Rm 360) before Honorable Susan O. Hickey. Signed by Honorable Susan O. Hickey on July 22, 2014. (rwg) Modified on 7/23/2014 to edit text (Bench Trial) (lw). |
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Filing 59
ORDER granting plaintiff's #51 Motion for Default Judgment as to FCC, LLC as set forth. Signed by Honorable Susan O. Hickey on June 5, 2014. (rw)
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Filing 58
ORDER granting plaintiff's #49 Motion for Default Judgment as to Key Equipment as set forth. Signed by Honorable Susan O. Hickey on June 5, 2014. (rw)
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| Filing 57 AFFIDAVIT filed by Bank of America, N.A. Amended FCC, LLC. (Young, Patrick) |
| Filing 56 CLERK'S ENTRY of Default as to FCC, LLC(added per document #29), Key Equipment Finance, Inc.. (rw) |
| Filing 55 AFFIDAVIT filed by Bank of America, N.A. FFC, LLC. (Young, Patrick) |
| Filing 54 AFFIDAVIT of Affidavit in Support of Default filed by Bank of America, N.A. Key Equipment& Fiannce, Inc.. (Young, Patrick) |
| Filing 53 NOTICE OF DEFAULT PROCEDURE under FRCP 55 directed to plaintiff as to default of Defendant FCC, LLC(added per document #29). Affidavit in Support of Default due by 4/14/2014. (Attachments: #1 Affidavit in Support of Default)(rw) |
| Filing 52 MEMORANDUM BRIEF in Support of #51 MOTION for Default Judgment as to FFC, LLC by Bank of America, N.A.. (Young, Patrick) |
| Filing 51 MOTION for Default Judgment as to FFC, LLC by Bank of America, N.A.. (Young, Patrick) |
| Filing 50 MEMORANDUM BRIEF in Support of #49 MOTION for Default Judgment as to Key Equipment Finance, Inc. by Bank of America, N.A.. (Henry, Judy) |
| Filing 49 MOTION for Default Judgment as to Key Equipment Finance, Inc. by Bank of America, N.A.. (Henry, Judy) |
| Filing 48 ANSWER/REPLY to #44 Answer to Amended Complaint, Counterclaim Response to Counterclaim of Rebecca Dodd-Talbert, Tax Collector, Garland County, Arkansas by Bank of America, N.A..(Henry, Judy) |
| Filing 47 ANSWER to #1 Complaint,,,, by United States of America, Department of the Treasury - Internal Revenue Service.(Groom, Deborah) |
| Filing 46 AFFIDAVIT of Service for Summons and Amended Complaint, filed by Bank of America, N.A.. FCC, LLC served on 12/2/2013, answer due 12/23/2013. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Henry, Judy) |
| Filing 45 NOTICE OF DEFAULT PROCEDURE under FRCP 55 directed to plaintiff as to default of Defendant Key Equipment Finance, Inc.. Affidavit in Support of Default due by 1/30/2014. (Attachments: #1 Affidavit in Support of Default)(jn) |
| Filing 44 First Amended ANSWER to #29 Amended Complaint,,,, , COUNTERCLAIM against Bank of America, N.A. by Rebecca Dodd-Talbert. (Attachments: #1 Exhibit 1- 2012 Tax Statement)(Ohm, Ralph) |
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Filing 43
ORDER granting #41 Motion for Leave to File. Defendant shall file the amended answer within seven (7) days of the entry of this order. Signed by Honorable Susan O. Hickey on January 6, 2014. (adw)
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| Filing 42 ANSWER/REPLY to #37 Answer to Amended Complaint, Counterclaim Response to Counterclaim of Charlie Campbell, Tax Collector, Pike County, Arkansas by Bank of America, N.A., Bank of America, N.A.(Party terminated per Amended Counterclaim filed 11/27/13).(Henry, Judy) |
| Filing 41 MOTION for Leave to File Amended Answer by Rebecca Dodd-Talbert. (Attachments: #1 Exhibit a- First Amended Answer)(Ohm, Ralph) |
| Filing 40 AFFIDAVIT of Service for Summons, filed by Bank of America, N.A.. Charlie Campbell served on 12/2/2013, answer due 12/23/2013. (Henry, Judy) |
| Filing 39 AFFIDAVIT of Service for Summons, filed by Bank of America, N.A.. Key Equipment Finance, Inc. served on 12/2/2013, answer due 12/23/2013. (Henry, Judy) Modified to correct service date on 12/13/2013 (adw). |
| Filing 38 AFFIDAVIT of Service for Summons, filed by Bank of America, N.A.. United States of America, Department of the Treasury - Internal Revenue Service served on 11/29/2013, answer due 1/28/2014. (Henry, Judy) |
| Filing 37 ANSWER to #29 Amended Complaint,,,, , COUNTERCLAIM against Bank of America, N.A. by Charlie Campbell. (Attachments: #1 Exhibit 1- Tax Statements)(Ohm, Ralph) |
| Filing 36 ANSWER/REPLY to #33 Answer to Amended Complaint, Counterclaim by Bank of America, N.A..(Henry, Judy) |
| Filing 35 ANSWER to #29 Amended Complaint, Verified Complaint in Foreclosure and Replevin by Separate Defendants by Dora Bean, Grady Bean, Stacey Lynn Bean, HSHF Properties, LLC, Hot Springs Health and Fitness, Inc..(Honey, Marc) Modified on 12/5/2013 to edit text and filer (lw). |
| Filing 34 ANSWER to #29 Amended Complaint,,,, Answer to First Amended Complaint by State of Arkansas, Department of Finance and Administration.(Wehrle, Michael) |
| Filing 33 ANSWER to #29 Amended Complaint,,,, , COUNTERCLAIM against Bank of America, N.A. by Rebecca Dodd-Talbert.(Ohm, Ralph) |
| Filing 32 Magistrate Notice/Consent Furnished to Parties. (adw) |
| Filing 31 Summons Issued as to United States of America, Department of the Treasury - Internal Revenue Service c/o U.S. Attorney and U.S. Attorney General and returned to attorney or plaintiff for service. (adw) |
| Filing 30 Summons Issued as to Charlie Campbell, FCC, LLC, Key Equipment Finance, Inc. and returned to attorney or plaintiff for service. (adw) |
| Filing 29 FIRST AMENDED VERIFIED COMPLAINT FOR FORECLOSURE AND REPLEVIN as to #1 Complaint, against Key Equipment Finance, Inc., HSHF Properties, LLC, Stacey Lynn Bean, Rebecca Dodd-Talbert, United States of America, Department of the Treasury - Internal Revenue Service, State of Arkansas, Department of Finance and Administration, Hot Springs Health and Fitness, Inc., Charlie Campbell, FCC, LLC, Grady Bean, filed by Bank of America, N.A. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(adw) |
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Filing 28
ORDER granting #25 Motion for Leave to File Amended Complaint. Plaintiff shall file the amended complaint within seven (7) days of the entry of this order. Signed by Honorable Susan O. Hickey on November 19, 2013. (adw)
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| Filing 27 NOTICE OF DEFAULT PROCEDURE under FRCP 55 directed to plaintiff as to default of Defendant United States of America, Department of the Treasury - Internal Revenue Service. Affidavit in Support of Default due by 11/29/2013. (Attachments: #1 Affidavit in Support of Default)(jn) |
| TEXT ONLY AFFIDAVIT of Service for Complaint, filed by Bank of America, N.A.. United States of America, Department of the Treasury - Internal Revenue Service served on 8/14/2013, answer due 10/15/2013. (Docketed to correct event. USA is allowed 60 days to answer.) (jn) |
| Filing 26 AFFIDAVIT of Service for Summons, filed by Bank of America, N.A.. United States of America, Department of the Treasury - Internal Revenue Service served on 8/14/2013, answer due 9/4/2013. (Attachments: #1 Exhibit Certified Mail Return)(Young, Patrick) |
| CLERK'S FIRST NOTICE re No Service of Process directed to Plaintiff Bank of America, N.A.. No answer or other responsive pleading has been filed by defendants CHARLIE CAMPBELL, KEY EQUIPMENT FINANCE, INC. and the UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY-INTERNAL REVENUE SERVICE. The file does not reflect a proof of service of the complaint upon these defendants. Federal Rules of Civil Procedure 4(l) requires proof of service to be filed with the court. If service is not perfected on a defendant within 120 days after filing the complaint, a show cause order will issue and the complaint against that defendant is subject to dismissal pursuant to Federal Rules of Civil Procedure 4(m). TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (jn) |
| Filing 25 MOTION for Leave to File Amended Complaint by Bank of America, N.A. (Attachments: #1 Exhibit A - Draft proposed amended complaint)(Henry, Judy) Modified to take out duplicative text on 10/28/2013 (adw). |
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Filing 24
ORDER granting #23 Motion to Dismiss; granting #23 Motion to Dismiss Party. People's United Equipment Finance Corp (PUEFC) dismissed with prejudice. Signed by Honorable Susan O. Hickey on October 2, 2013. (tg)
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| Filing 23 Joint MOTION to Dismiss People's United Equipment Finance Corp., MOTION to Dismiss Party by Bank of America, N.A., People's United Equipment Finance Corp.. (Henry, Judy) |
| Filing 22 NOTICE by People's United Equipment Finance Corp. Disclaimer of Interest (Young, Patrick) |
| Filing 21 ANSWER/REPLY to #18 Answer to Complaint, Counterclaim Response to Counterclaim of Rebecca Dodd-Talbert, Tax Collector, Garland County, Arkansas by Bank of America, N.A..(Henry, Judy) |
| Filing 20 ANSWER to #1 Complaint by State of Arkansas, Department of Finance and Administration.(Wehrle, Michael) Modified on 8/15/2013 to correct text(tg). |
| Filing 19 ANSWER to #1 Complaint Answer of Separate Defendants to Complaint in Foreclosure and Replevin by HSHF Properties, LLC, Hot Springs Health and Fitness, Inc., Grady Bean, Stacey Lynn Bean, and Dora Bean .(Honey, Marc) Modified to add filers on 8/6/2013 (adw). |
| Filing 18 ANSWER to #1 Complaint,,,, , COUNTERCLAIM against Bank of America, N.A. by Rebecca Dodd-Talbert. (Attachments: #1 Exhibit 1- Garland County Tax Records)(Ohm, Ralph) |
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Filing 17
ORDER granting #16 Motion to Dismiss Party. Party FCC, LLC dismissed with prejudice. Signed by Honorable Susan O. Hickey on July 29, 2013. (src)
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| Filing 16 MOTION to Dismiss Party Uncontested Motion to Dismiss with Prejudice by Bank of America, N.A.. (Young, Patrick) |
| Filing 15 Summons Re-Issued as to United States of America, Department of the Treasury - Internal Revenue Service. (adw) |
| Filing 14 Summons Reissued as to FCC, LLC and returned to attorney/plaintiff for service. (adw) |
| Filing 13 OBJECTION TO Issuance of Order of Delivery re #1 Complaint by Dora Bean, Grady Bean, Stacey Lynn Bean, FCC, LLC, HSHF Properties, LLC, Hot Springs Health and Fitness, Inc.(Honey, Marc) Modified to correct docket title on 7/22/2013 (adw). |
| Filing 12 NOTICE of Lis Pendens by Bank of America, N.A. (Young, Patrick) |
| Filing 11 NOTICE of Lis Pendens by Bank of America, N.A. (Young, Patrick) |
| Filing 10 NOTICE of Appearance by Patrick M. Young on behalf of Bank of America, N.A.. (Young, Patrick) |
| Filing 9 Magistrate Notice/Consent Furnished (adw) |
| Filing 8 Summons Issued as to United States of America, Department of the Treasury - Internal Revenue Service. (adw) |
| Filing 7 Summons Issued as to Dora Bean, Grady Bean, Stacey Lynn Bean, Charlie Campbell, Rebecca Dodd-Talbert, FCC, LLC, HSHF Properties, LLC, Hot Springs Health and Fitness, Inc., Key Equipment Finance, Inc., People's United Equipment Finance Corp., State of Arkansas, Department of Finance and Administration and returned to attorney or plaintiff for service. (adw) |
| Filing 6 AFFIDAVIT of Replevin filed by Bank of America, N.A. (adw) |
| Filing 5 NOTICE of Lis Pendens For Recordation in Pike County, Arkansas by Bank of America, N.A. (adw) |
| Filing 4 NOTICE of Lis Pendens For Recordation in Garland County, Arkansas by Bank of America, N.A. (adw) |
| Filing 3 REPLEVIN NOTICE by Bank of America, N.A. (adw) |
| Filing 2 CIVIL COVER SHEET for case initiated by Bank of America, N.A. (adw) |
| Filing 1 VERIFIED COMPLAINT IN FORECLOSURE AND REPLEVIN against Dora Bean, Grady Bean, Stacey Lynn Bean, Charlie Campbell, Rebecca Dodd-Talbert, FCC, LLC, HSHF Properties, LLC, Hot Springs Health and Fitness, Inc., Key Equipment Finance, Inc., People's United Equipment Finance Corp., State of Arkansas, Department of Finance and Administration, United States of America, Department of the Treasury - Internal Revenue Service ( Filing fee $ 400 receipt number 5003641), filed by Bank of America, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(adw) |
| CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Bank of America, N.A. Complaint #1 lists multiple attorneys appearing for the filer. The following attorney(s), who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: Patrick Young. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED. (adw) |
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