Niederquell et al v. Bank of America N.A. et al
Plaintiff: Judith A. Niederquell and Mark D. Niederquell
Defendant: Bank of New York Mellon, The, Green Tree Servicing, LLC, Bank of America NA, Peggy J. Kern and Bank of New York as Trustee for the Certificateholders of CWABS, Inc, Asset-Backed Certificates, Series
Case Number: 1:2011cv03185
Filed: December 7, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: Rio Grande
Presiding Judge: Raymond P Moore
Referring Judge: Michael J Watanabe
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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This docket was last retrieved on June 28, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2017 Filing 179 MANDATE of USCA as to #178 USCA Order/Opinion/Judgment : (USCA Case No. 16-1107) (cthom, )
June 6, 2017 Filing 178 USCA Order and Judgment as to #170 Notice of Appeal, filed by Mark D. Niederquell, Judith A. Niederquell : (USCA Case No. 16-1107) (This document is not the Mandate) Judgment Affirmed. (cthom, )
June 21, 2016 Filing 177 LETTER TO USCA and all counsel certifying the record is complete as to #170 Notice of Appeal, filed by Mark D. Niederquell, Judith A. Niederquell. All transcripts ordered are now on file as of 6/21/2016. ( Appeal No. 16-1107) Text Only Entry (athom, )
April 28, 2016 Filing 176 TRANSCRIPT of Motion for Summary Judgment held on March 1,2 016 before Judge Moore. Pages: 1-31.
< NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

< Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (thoff, )
April 20, 2016 Filing 175 REPORTER TRANSCRIPT ORDER FORM filed by Tammy Hoffschildt re: #170 Notice of Appeal. Transcript due by 6/18/2016. (nrich)
April 18, 2016 Filing 174 TRANSCRIPT ORDER FORM re #170 Notice of Appeal, by Plaintiffs Judith A. Niederquell, Mark D. Niederquell (Schwiesow, Erich)
April 4, 2016 Filing 173 USCA Case Number 16-1107 for #170 Notice of Appeal, filed by Mark D. Niederquell, Judith A. Niederquell. (cthom, ) Modified on 6/21/2016 to correct text (athom, ).
March 31, 2016 Filing 172 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #170 Notice of Appeal, filed by Mark D. Niederquell, Judith A. Niederquell to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record)(cthom, )
March 31, 2016 Filing 171 Amended NOTICE OF APPEAL by Plaintiffs Judith A. Niederquell, Mark D. Niederquell (Schwiesow, Erich)
March 31, 2016 Filing 170 NOTICE OF APPEAL as to #169 Judgment, #168 Order on Motion for Summary Judgment,,,,,,,, Order on Motion to Supplement,,,, In Court Hearing,,,, Terminate Deadlines,,,, Terminate Hearings,,, by Plaintiffs Judith A. Niederquell, Mark D. Niederquell (Filing fee $ 505, Receipt Number 1082-4907231) (Schwiesow, Erich)
March 1, 2016 Filing 169 FINAL JUDGMENT pursuant to #168 Courtroom Minutes and oral orders entered on the record. Entered by the Clerk of the Court on 3/1/2016. (cpear)
March 1, 2016 Filing 168 COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: In Court Hearing held on 3/1/2016, granting #117 Defendant Green Tree Servicing, LLC's Motion for Summary Judgment, granting #128 Defendants Bank of America N.A. and Bank of New York Mellon's Motion for Summary Judgment, and granting #162 the Joint Supplement to Bank of America, N.A.'s; Bank of New York Mellon's; and Green Tree Servicing, LLC's Motions for Summary Judgment. All claims are dismissed. 105 Clerk's Entry of Default is lifted, and any and all claims against Defendant Peggy Kern are dismissed. The Trial Preparation Conference set for 3/11/2016 and the jury trial set for 4/18/2016 are VACATED. The Clerk of the Court is directed to enter judgment in accordance with the oral orders stated on the record. Court Reporter: Tammy Hoffschildt. (cpear)
February 18, 2016 Opinion or Order Filing 167 MINUTE ORDER: Upon consideration of the pending motions and the hearing scheduled for March 1, 2016, the deadline to submit proposed jury instructions, proposed verdict forms, proposed voir dire questions, witness lists, and exhibit lists is extended to Monday, March 7, 2016. SO ORDERED by Judge Raymond P. Moore on 2/18/2016. (Text Only Entry) (rmsec )
February 17, 2016 Opinion or Order Filing 166 MINUTE ORDER. In Court Hearing will be held on Defendants' Joint Supplement [ECF No. 162] on Tuesday, March 1, 2016 at 9:00 a.m. before Judge Raymond P. Moore at the Alfred A. Arraj United States Courthouse, 901 19th Street, Courtroom A601, Denver, Colorado 80294. Defendants are ordered to bring the original promissory note and deed of trust to the hearing for the Court's review and examination. SO ORDERED by Judge Raymond P. Moore on 2/17/2016. (Text Only Entry) (rmsec )
January 7, 2016 Filing 165 REPLY to Response to #117 MOTION for Summary Judgment , #128 MOTION for Summary Judgment filed by Defendants Bank of America NA, Bank of New York Mellon, The, Green Tree Servicing, LLC. (Attachments: #1 Affidavit)(Cizmorris, Melissa)
December 24, 2015 Filing 164 NOTICE OF CASE ASSOCIATION by Erich Schwiesow on behalf of Judith A. Niederquell, Mark D. Niederquell (Schwiesow, Erich)
December 24, 2015 Filing 163 RESPONSE to #162 Joint MOTION to Supplement #117 MOTION for Summary Judgment , #128 MOTION for Summary Judgment filed by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
December 4, 2015 Filing 162 Joint MOTION to Supplement #117 MOTION for Summary Judgment , #128 MOTION for Summary Judgment by Defendants Bank of America NA, Bank of New York Mellon, The. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cizmorris, Melissa)
July 27, 2015 Opinion or Order Filing 161 FINAL PRETRIAL ORDER Entered by Magistrate Judge Michael J. Watanabe on 7/27/2015. (emill)
July 27, 2015 Filing 160 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Final Pretrial Conference held on 7/27/2015. Final Pretrial Order entered. Plaintiff's Oral Motion to endorse an expert is denied. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)
July 27, 2015 Opinion or Order Filing 159 ORDER Setting Case for Trial. A four-day Jury Trial is scheduled to commence on 4/18/2016 at 09:00 AM in Courtroom A 601 before Judge Raymond P. Moore. A Trial Preparation Conference is set for 3/11/2016 at 09:00 AM. By Judge Raymond P. Moore on 07/27/2015. (athom, )
July 22, 2015 Filing 158 Proposed Pretrial Order by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
July 21, 2015 Opinion or Order Filing 157 MINUTE ORDER granting #155 Plaintiffs' Unopposed Motion to Extend Time for Filing Proposed Final Pre-Trial Order. Proposed Pretrial Order due by 7/22/2015. By Magistrate Judge Michael J. Watanabe on 7/21/2015.(emill)
July 21, 2015 Opinion or Order Filing 156 MEMORANDUM regarding #155 Unopposed MOTION for Extension of Time to File Proposed Final Pretrial Order filed by Mark D. Niederquell, Judith A. Niederquell. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 7/21/2015. (Text Only Entry) (rmsec )
July 20, 2015 Filing 155 Unopposed MOTION for Extension of Time to File Proposed Final Pretrial Order by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
June 8, 2015 Opinion or Order Filing 154 MINUTE ORDER granting #152 Unopposed Motion to Vacate and Reset the Pre-Trial Conference. Final Pretrial Conference 6/15/2015 10:00 AM is vacated. Final Pretrial Conference re-set for 7/27/2015 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 6/8/2015.(emill)
June 8, 2015 Filing 153 MEMORANDUM regarding #152 Unopposed MOTION to Vacate and Reset the Pre-Trial Conference filed by Bank of America NA, Bank of New York Mellon, The. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 6/8/2015. (Text Only Entry) (rmsec )
June 8, 2015 Filing 152 Unopposed MOTION to Vacate and Reset the Pre-Trial Conference by Defendants Bank of America NA, Bank of New York Mellon, The. (Calhoun, Ashley)
May 20, 2015 Filing 151 REPLY to Response to #128 MOTION for Summary Judgment filed by Defendants Bank of America NA, Bank of New York Mellon, The. (Calhoun, Ashley)
May 14, 2015 Opinion or Order Filing 150 ORDER granting #149 Motion for Extension of Time to File Response/Reply. SO ORDERED by Judge Raymond P. Moore on 5/14/2015. (Text Only Entry)(rmsec )
May 14, 2015 Filing 149 Unopposed MOTION for Extension of Time to File Response/Reply as to #128 MOTION for Summary Judgment by Defendants Bank of America NA, Bank of New York Mellon, The. (Attachments: #1 Proposed Order (PDF Only))(Calhoun, Ashley)
May 1, 2015 Opinion or Order Filing 148 MINUTE ORDER granting #146 Plaintiff's Unopposed Motion to Vacate and Re-Set Final Pretrial Conference. Final Pretrial Conference 5/13/2015 01:30 PM is vacated. Final Pretrial Conference re-set for 6/15/2015 10:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 5/1/2015. (emill)
May 1, 2015 Filing 147 MEMORANDUM regarding #146 Unopposed MOTION to Vacate and re-set final trial management conference filed by Mark D. Niederquell, Judith A. Niederquell. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 5/1/2015. (Text Only Entry) (rmsec )
April 30, 2015 Filing 146 Unopposed MOTION to Vacate and re-set final trial management conference by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only) Order Vacating Final Pre-Trial Conference)(Schwiesow, Erich)
April 30, 2015 Opinion or Order Filing 145 MINUTE ORDER granting #140 Motion to Withdraw as Attorney. Attorney Ian Trevor Hicks terminated. By Magistrate Judge Michael J. Watanabe on 4/30/2015.(tscha, )
April 29, 2015 Filing 144 CERTIFICATE of Mailing/Service re #142 Unopposed MOTION for Extension of Time to File Response/Reply as to #128 MOTION for Summary Judgment , #140 MOTION to Withdraw as Attorney Motion for Substitution of Attorney by Defendants Bank of America NA, Bank of New York Mellon, The. (Calhoun, Ashley)
April 29, 2015 Opinion or Order Filing 143 ORDER granting #142 Motion for Extension of Time to File Response/Reply. It is further ORDERED that counsel shall serve the client(s) in compliance with D.C.COLO.LCivR. 6.1(c). Further requests for extensions or continuances will not be considered absent a showing of compliance with this Local Rule.SO ORDERED BY Judge Raymond P. Moore on 4/29/2015. (Text Only Entry)(rmsec )
April 29, 2015 Filing 142 Unopposed MOTION for Extension of Time to File Response/Reply as to #128 MOTION for Summary Judgment by Defendants Bank of America NA, Bank of New York Mellon, The. (Attachments: #1 Proposed Order (PDF Only))(Calhoun, Ashley)
April 29, 2015 Filing 141 MEMORANDUM regarding #140 MOTION to Withdraw as Attorney Motion for Substitution of Attorney filed by Bank of America NA, Bank of New York Mellon, The. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 4/29/2015. (Text Only Entry) (rmsec )
April 29, 2015 Filing 140 MOTION to Withdraw as Attorney Motion for Substitution of Attorney by Defendants Bank of America NA, Bank of New York Mellon, The. (Attachments: #1 Proposed Order (PDF Only))(Calhoun, Ashley)
April 20, 2015 Filing 139 REPLY to Response to #117 MOTION for Summary Judgment DEFENDANT GREEN TREE SERVICING LLCs REPLY TO PLAINTIFFS RESPONSE TO GREEN TREES STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF GREEN TREES MOTION FOR SUMMARY JUDGMENT filed by Defendant Green Tree Servicing, LLC. (Murdock, Kelly)
April 20, 2015 Filing 138 REPLY to Response to #117 MOTION for Summary Judgment DEFENDANT GREEN TREE SERVICING, LLCS REPLY TO PLAINTIFFS RESPONSE TO GREEN TREE SERVICING, LLCS MOTION FOR SUMMARY JUDGMENT filed by Defendant Green Tree Servicing, LLC. (Murdock, Kelly)
April 13, 2015 Filing 137 STATEMENT re #129 Statement in response to BANA statment of undisputed facts by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
April 13, 2015 Filing 136 STATEMENT re #118 Statement of undisputed fact, Green Tree by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
April 13, 2015 Filing 135 RESPONSE to #128 MOTION for Summary Judgment of BANA and BNYM filed by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Exhibit Exhibit M Marcus Lewis Deposition excerpt, #2 Exhibit Exhibit N - Green Tree Response to RFP)(Schwiesow, Erich)
April 13, 2015 Filing 134 RESPONSE to #117 MOTION for Summary Judgment of Green Tree, LLC filed by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Exhibit Exhibit M Marcus Lewis Deposition excerpt, #2 Exhibit Exhibit N - Green Tree Response to RFP)(Schwiesow, Erich)
March 24, 2015 Opinion or Order Filing 133 MINUTE ORDER granting #131 Plaintiffs' Unopposed Motion for Extension of Time to File a Proposed Final Pre-Trial Order. By Magistrate Judge Michael J. Watanabe on 3/24/2015. (emill)
March 24, 2015 Opinion or Order Filing 132 MEMORANDUM regarding #131 Unopposed MOTION for Extension of Time to File Proposed Final Pretrial Order filed by Mark D. Niederquell, Judith A. Niederquell. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 3/24/2015. (Text Only Entry) (rmsec )
March 24, 2015 Filing 131 Unopposed MOTION for Extension of Time to File Proposed Final Pretrial Order by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only) Order Granting Extension of Time to File Proposed Final Pretrial Order)(Schwiesow, Erich)
March 20, 2015 Filing 130 Exhibits in Support Evidence Filed in Support of Motion for Summary Judgment by Defendants Bank of America NA, Bank of New York Mellon, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Balser, Justin)
March 20, 2015 Filing 129 STATEMENT Separate Statement of Undisputed Material Facts in Support of Their Motion for Summary Judgment by Defendants Bank of America NA, Bank of New York Mellon, The. (Balser, Justin)
March 20, 2015 Filing 128 MOTION for Summary Judgment by Defendants Bank of America NA, Bank of New York Mellon, The. (Balser, Justin)
March 19, 2015 Opinion or Order Filing 127 MINUTE ORDER granting #124 Motion to Vacate and re-set. Final Pretrial Conference is now set for 5/13/2015 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 3/19/2015.(tscha, )
March 19, 2015 Opinion or Order Filing 126 ORDER granting #123 Motion for Extension of Time to Answer or Otherwise Respond re #117 MOTION for Summary Judgment. Plaintiffs shall have to and including April 13, 2015, to Respond. By Judge Raymond P. Moore on 3/19/2015.(tscha, )
March 19, 2015 Filing 125 MEMORANDUM regarding #124 Unopposed MOTION to Vacate Final Pre-Trial Conference filed by Mark D. Niederquell, Judith A. Niederquell. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 3/19/2015. (Text Only Entry) (rmsec )
March 18, 2015 Filing 124 Unopposed MOTION to Vacate Final Pre-Trial Conference by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only) Order Vacating Final Pre-Trial Conference)(Schwiesow, Erich)
March 18, 2015 Filing 123 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #117 MOTION for Summary Judgment by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only) Order Granting Extension of Time)(Schwiesow, Erich)
March 2, 2015 Opinion or Order Filing 122 MINUTE ORDER granting for good cause shown #119 Second Motion for Enlargement of Deadline to File Dispositive Motions Pursuant to Fed.R.Civ.P 6(b)(1)(A), by Magistrate Judge Michael J. Watanabe on 3/02/2015. (slibi, )
March 2, 2015 Filing 121 MEMORANDUM regarding #119 Second MOTION for Extension of Time to File Dispositive Motion Pursuant to Fed.R.Civ.P. 6(b)(1)(A) filed by Bank of America NA, Bank of New York Mellon, The. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 3/2/2015. (Text Only Entry) (rmsec )
February 27, 2015 Filing 120 Exhibits in Support of #117 MOTION for Summary Judgment , #118 Statement by Defendant Green Tree Servicing, LLC. (Attachments: #1 Exhibit EXHIBIT A - ORDER AUTHORIZING SALE, #2 Exhibit EXHIBIT B ORDER SETTING ASIDE ORDER AUTHORIZING SALE AND DISMISSING CASE, #3 Exhibit EXHIBIT C MELLON'S MOTION FOR ORDER AUTHORIZING SALE, #4 Exhibit EXHIBIT D GREEN TREE'S AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, #5 Exhibit EXHIBIT E HELLO LETTER ADDRESSED TO PLAINTIFF, #6 Exhibit EXHIBIT F PLAINTIFF'S SECOND AMENDED COMPLAINT, #7 Exhibit EXHIBIT G EXECUTED DEED OF TRUST, #8 Exhibit EXHIBIT H OPINION AND ORDER DENYING MOTION TO REMAND AND MOTION TO DISMISS DATED MAY 3, 2011, #9 Exhibit EXHIBIT I RECORDED WITHDRAWL OF NOTICE OF ELECTION AND DEMAND, #10 Exhibit EXHIBIT J ICCES WEBSITE ALL COURT CASES SEARCH RESULT, #11 Exhibit EXHIBIT K MELLONS MOTION TO DISMISS AND SET ASIDE ORDER AUTHORIZING SALE ADN DISMISS CASE WITHOUT PREJUDICE, #12 Exhibit EXHIBIT L EXECUTED PROMISORRY NOTE)(Murdock, Kelly)
February 27, 2015 Filing 119 Second MOTION for Extension of Time to File Dispositive Motion Pursuant to Fed.R.Civ.P. 6(b)(1)(A) by Defendants Bank of America NA, Bank of New York Mellon, The. (Hicks, Ian)
February 27, 2015 Filing 118 STATEMENT re #117 MOTION for Summary Judgment by Defendant Green Tree Servicing, LLC. (Murdock, Kelly)
February 27, 2015 Filing 117 MOTION for Summary Judgment by Defendant Green Tree Servicing, LLC. (Murdock, Kelly)
January 30, 2015 Opinion or Order Filing 116 MINUTE ORDER Granting #112 Defendant Green Tree Servicing, LLC's Motion for Extension of Time for Green Tree Servicing, LLC to File a Dispositive Motion. Granting #114 Defendants Bank of America, N.A. and Bank of New York Mellon's Motion for Enlargement of Deadline to File Dispositive Motions Pursuant to Fed.R.Civ.P. 6(b)(1)(A). Scheduling Order #30 is amended. Dispositive Motions due by 2/27/2015. By Magistrate Judge Michael J. Watanabe on 1/30/2015.(emill)
January 30, 2015 Filing 115 MEMORANDUM regarding #114 MOTION for Extension of Time to File Dispositive Motions Pursuant to Fed.R.Civ.P. 6(b)(1)(A) filed by Bank of America NA, Bank of New York Mellon, The. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 1/30/2015. (Text Only Entry) (rmsec )
January 29, 2015 Filing 114 MOTION for Extension of Time to File Dispositive Motions Pursuant to Fed.R.Civ.P. 6(b)(1)(A) by Defendants Bank of America NA, Bank of New York Mellon, The. (Attachments: #1 Exhibit A)(Hicks, Ian)
January 29, 2015 Filing 113 MEMORANDUM regarding #112 MOTION for Extension of Time to File a Dispositive Motion filed by Green Tree Servicing, LLC. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 1/29/2015. (Text Only Entry) (rmsec )
January 29, 2015 Filing 112 MOTION for Extension of Time to File a Dispositive Motion by Defendant Green Tree Servicing, LLC. (Attachments: #1 Proposed Order (PDF Only))(Murdock, Kelly)
January 28, 2015 Filing 111 NOTICE of Entry of Appearance by Kelly Ann Murdock on behalf of Green Tree Servicing, LLCAttorney Kelly Ann Murdock added to party Green Tree Servicing, LLC(pty:dft) (Murdock, Kelly)
January 28, 2015 Filing 110 NOTICE of Entry of Appearance by Elizabeth S. Marcus on behalf of Green Tree Servicing, LLCAttorney Elizabeth S. Marcus added to party Green Tree Servicing, LLC(pty:dft) (Marcus, Elizabeth)
December 23, 2014 Opinion or Order Filing 109 MINUTE ORDER; #107 Motion to Withdraw as Attorney is GRANTED. Attorney Douglas D. Koktavy terminated, by Magistrate Judge Michael J. Watanabe on 12/23/14.(morti, )
December 23, 2014 Filing 108 MEMORANDUM regarding #107 MOTION to Withdraw as Attorney filed by Green Tree Servicing, LLC. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 12/23/2014. (Text Only Entry) (rmsec )
December 22, 2014 Filing 107 MOTION to Withdraw as Attorney by Defendant Green Tree Servicing, LLC. (Attachments: #1 Proposed Order (PDF Only))(Koktavy, Douglas)
December 22, 2014 Filing 106 NOTICE of Entry of Appearance by Irvin Allen Borenstein on behalf of Green Tree Servicing, LLCAttorney Irvin Allen Borenstein added to party Green Tree Servicing, LLC(pty:dft) (Borenstein, Irvin)
October 6, 2014 Filing 105 Clerk's ENTRY OF DEFAULT as to Peggy J. Kern, in her official capacity as Public Trustee of Rio Grande County, re #104 Unopposed MOTION for Entry of Default, by Clerk. Text Only Entry (trlee, )
October 3, 2014 Filing 104 Unopposed MOTION for Entry of Default as to Peggy J. Kern, in her official capacity as Public Trustee of Rio Grande County by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
September 30, 2014 Filing 103 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 9/30/2014. Plaintiffs shall file request for entry of clerk's default as to Peggy J. Kern on or before 10/7/2014. Scheduling Order #30 is amended for the limited discovery as outlined on the record. Discovery due by 12/31/2014. Dispositive Motions due by 1/30/2015. Proposed Pretrial Order due by 3/24/2015. Final Pretrial Conference set for 3/31/2015 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)
August 1, 2014 Filing 102 WAIVER OF SERVICE Returned Executed by Mark D. Niederquell, Judith A. Niederquell. Peggy J. Kern waiver sent on 2/21/2012, answer due 4/21/2012. (Schwiesow, Erich)
July 30, 2014 Filing 101 CERTIFICATE OF COMPLIANCE Pursuant to D.C.Colo.LCivR 6.1(c) re 100 Order on Motion for Extension of Time to Answer or Otherwise Respond, by Defendant Green Tree Servicing, LLC. (Koktavy, Douglas)
July 30, 2014 Opinion or Order Filing 100 ORDER granting #99 Motion for Extension of Time to Answer or Otherwise Respond. Defendant's Answer (ECF No. 99-1) is hereby accepted as filed. It is further ORDERED that counsel shall serve his client in compliance with D.C.COLO.LCivR 6.1(c). Future requests for extensions will not be considered absent a showing of compliance with this local rule. SO ORDERED by Judge Raymond P. Moore on 7/30/2014. (Text Only Entry)(rmsec )
July 29, 2014 Filing 99 MOTION for Extension of Time to File Answer or Otherwise Respond re #95 Summons Returned Executed, #97 Status Conference,,, Set/Reset Hearings,, by Defendant Green Tree Servicing, LLC. (Attachments: #1 Exhibit Answer)(Koktavy, Douglas)
July 29, 2014 Filing 98 NOTICE of Entry of Appearance by Douglas D. Koktavy on behalf of Green Tree Servicing, LLCAttorney Douglas D. Koktavy added to party Green Tree Servicing, LLC(pty:dft) (Koktavy, Douglas)
July 29, 2014 Filing 97 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 7/29/2014. On or before 8/4/2014,(1) Plaintiffs shall file Return of Service as to Peggy J. Kern; and (2) a Motion for Clerk's Default as to Green Tree Servicing, LLC., and (3) Defendants shall file their Answer to Plaintiffs' Second Amended Complaint. Status Conference set for 9/30/2014 08:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)
July 28, 2014 Filing 96 ANSWER to Complaint by Bank of America N.A., Bank of New York Mellon, The.(Hicks, Ian)
July 2, 2014 Filing 95 SUMMONS Returned Executed by All Plaintiffs. Green Tree Servicing, LLC served on 6/30/2014, answer due 7/21/2014. (Schwiesow, Erich)
June 24, 2014 Filing 94 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (trlee, )
June 23, 2014 Filing 93 SUMMONS REQUEST as to Green Tree Servicing, LLC re #90 Amended Complaint by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
June 13, 2014 Filing 92 NOTICE re #90 Amended Complaint, #91 Stipulation, #85 Summons Returned Executed by Plaintiffs Judith A. Niederquell, Mark D. Niederquell (Schwiesow, Erich)
June 13, 2014 Filing 91 STIPULATION re #90 Amended Complaint Agreement to Amend Complaint by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
June 13, 2014 Filing 90 SECOND AMENDED COMPLAINT adding Greentree Servicing, LLC as a Defendant against Green Tree Servicing, LLC, filed by Mark D. Niederquell, Judith A. Niederquell.(Schwiesow, Erich) Modified on 7/29/2014 to add text(emill)
June 12, 2014 Opinion or Order Filing 89 MINUTE ORDER granting #87 plaintiff's Unopposed Motion to Withdraw Motion for Entry of Default Against Defendant Green Tree Servicing, LLC. Withdrawing #86 Plaintiff's Unopposed Motion for Entry of Default Against Defendant Green Tree Servicing, LLC. By Magistrate Judge Michael J. Watanabe on 6/12/2014.(emill)
June 12, 2014 Filing 88 MEMORANDUM regarding #87 Unopposed MOTION to Withdraw Document re #86 Unopposed MOTION for Entry of Default as to Green Tree Servicing, LLC filed by Mark D. Niederquell, Judith A. Niederquell. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 6/12/2014. (Text Only Entry) (rmsec )
June 12, 2014 Filing 87 Unopposed MOTION to Withdraw Document re #86 Unopposed MOTION for Entry of Default as to Green Tree Servicing, LLC by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
June 11, 2014 Filing 86 WITHDRAWN: Unopposed MOTION for Entry of Default as to Green Tree Servicing, LLC by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich) Modified on 6/27/2014 to withdraw per #89 (trlee, ).
June 11, 2014 Filing 85 SUMMONS Returned Executed by Mark D. Niederquell, Judith A. Niederquell. Green Tree Servicing, LLC served on 5/8/2014, answer due 5/29/2014. (Schwiesow, Erich)
June 11, 2014 Filing 84 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 6/11/2014. Plaintiffs shall file the Return of Service and Motion for Clerk's Default as to Green Tree Servicing, LLC on or before 6/13/2014. Status Conference set for 7/28/2014 02:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (emill)
May 12, 2014 Opinion or Order Filing 83 MINUTE ORDER granting #81 Motion to Withdraw as Attorney. Attorney Molly Savage Ballard terminated, by Magistrate Judge Michael J. Watanabe on 5/12/2014.(emill)
May 9, 2014 Filing 82 MEMORANDUM regarding #81 MOTION to Withdraw as Attorney filed by Bank of America N.A., Bank of New York Mellon, The. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 5/9/2014. (Text Only Entry) (rmsec )
May 9, 2014 Filing 81 MOTION to Withdraw as Attorney by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Proposed Order (PDF Only))(Ballard, Molly)
May 7, 2014 Filing 80 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (trlee, )
May 7, 2014 Filing 79 SUMMONS REQUEST as to Green Tree Servicing, LLC by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
May 6, 2014 Filing 78 MINUTE ENTRY for Final Pretrial Conference held before Magistrate Judge Michael J. Watanabe on 5/6/2014. Granting #74 Plaintiffs' Unopposed Motion to Join. The Final Pretrial Conference set for this morning is vacated. Green Tree Servicing, LLC shall be added as a party Defendant. Plaintiffs shall forthwith serve Green Tree Servicing, LLC. Status Conference set for 6/11/2014 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Mr. Schwiesow may appear by telephone for this status conference. Plaintiffs shall inform counsel for Green Tree Servicing, LLC of this status conference date. Counsel shall be prepared to discuss the need for an amended scheduling order due to additional discovery. FTR: Courtroom A-502. (eseam)
May 6, 2014 Filing 77 SUMMONS REQUEST as to Green Tree Servicing, LLC by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
April 30, 2014 Opinion or Order Filing 76 MINUTE ORDER re: #74 Unopposed MOTION for Joinder of Greentree Servicing, LLC as a defendant filed by Mark D. Niederquell, Judith A. Niederquell. Motion Hearing set for 5/6/2014 11:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Final Pretrial Conference set for 5/6/2014 at11:00 a.m. is VACATED. by Magistrate Judge Michael J. Watanabe on 4/30/2014. (trlee, )
April 29, 2014 Filing 75 MEMORANDUM regarding #74 Unopposed MOTION for Joinder of Greentree Servicing, LLC as a defendant filed by Mark D. Niederquell, Judith A. Niederquell. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 4/29/2014. (Text Only Entry) (rmsec )
April 29, 2014 Filing 74 Unopposed MOTION for Joinder of Greentree Servicing, LLC as a defendant by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only))(Schwiesow, Erich)
April 9, 2014 Filing 73 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 4/9/2014. Proposed Pretrial Order due by 4/29/2014. Final Pretrial Conference set for 5/6/2014 11:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (emill)
April 9, 2014 Filing 72 NOTICE of Entry of Appearance by Melissa Louise Cizmorris on behalf of Bank of America N.A., Bank of New York Mellon, TheAttorney Melissa Louise Cizmorris added to party Bank of America N.A.(pty:dft), Attorney Melissa Louise Cizmorris added to party Bank of New York Mellon, The(pty:dft) (Cizmorris, Melissa)
March 20, 2014 Opinion or Order Filing 71 MINUTE ORDER granting #69 Motion for Leave to Appear by telephone. Plaintiffs' counsel is directed to contact the courts chambers (303-844-2403) at the scheduled time. By Magistrate Judge Michael J. Watanabe on 3/20/2014.(trlee, )
March 20, 2014 Filing 70 MEMORANDUM regarding #69 Unopposed MOTION for Leave to Appear by telephone at status conference filed by Mark D. Niederquell, Judith A. Niederquell. Motion referred to Magistrate Judge Michael J. Watanabe. Entered by Judge Raymond P. Moore on 3/20/2014. (Text Only Entry) (rmsec )
March 19, 2014 Filing 69 Unopposed MOTION for Leave to Appear by telephone at status conference by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Telephone Appearance)(Schwiesow, Erich)
March 18, 2014 Opinion or Order Filing 68 MINUTE ORDER Status Conference set for 4/9/2014 10:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 3/18/2014. (mjwcd)
February 12, 2014 Opinion or Order Filing 67 ORDER denying #65 Motion for Status Conference. In light of the Court's Order Overruling Objection to Order of Magistrate Judge (ECF No. 66), Defendants' Motion is MOOT. SO ORDERED by Judge Raymond P. Moore on 2/12/2014. (Text Only Entry)(rmsec )
February 12, 2014 Opinion or Order Filing 66 ORDER overruling #58 APPEAL OF MAGISTRATE JUDGE DECISION to District Court, by Judge Raymond P. Moore on 2/12/2014.(trlee, )
February 6, 2014 Filing 65 Unopposed MOTION for Hearing/Conference by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Proposed Order (PDF Only))(Ballard, Molly)
May 28, 2013 Filing 64 Joint STATUS REPORT by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
May 15, 2013 Opinion or Order Filing 63 ORDER: This matter is before the Court sua sponte. The parties are hereby directed to file a Joint Status Report within 10 days, identifying the following: (1) the nature of the dispute between the parties, (2) the current status of the proceedings, (3) any and all pending motions, and (4) the prospects for settlement. This Report should not exceed 3 pages. The parties are invited to bring to the Court's attention any other issues which are relevant to the litigation, subject to the page limitation. Entered by Judge Raymond P. Moore on 5/15/2013. (Text Only Entry) (rmsec )
May 1, 2013 Opinion or Order Filing 62 REASSIGNING JUDGE. This action is reassigned to Judge Raymond P. Moore, upon his appointment. All future pleadings should reference Judge Moore at the end of the civil action number (such as 08-cv-00001-RM). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Moore in Courtroom A-601. His chambers are located in Room A-638. His telephone number is 303-844-2784. (Text only entry - no document attached) (sgrim, )
March 4, 2013 Opinion or Order Filing 61 MINUTE ORDER: Defendants' Unopposed Motion to Modify Scheduling Order to Enlarge Deadline for Filing Dispositive Motions Under Fed. R. Civ. P. 16(b)(4)(Docket No. #59 ) is GRANTED. The Scheduling Order (Docket No. #30 ) is amended so as to extend the dispositive motions deadline up to and including 5/1/2013. By Magistrate Judge Michael J. Watanabe on 3/4/2013. (klyon, )
March 4, 2013 Opinion or Order Filing 60 MEMORANDUM regarding #59 Unopposed MOTION to Amend/Correct/Modify #30 Scheduling Order to Enlarge Deadline to File Dispositive Motions filed by Bank of America N.A., Bank of New York Mellon, The. Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Marcia S. Krieger on 3/4/13. Text Only Entry (msksec, )
February 27, 2013 Filing 59 Unopposed MOTION to Amend/Correct/Modify #30 Scheduling Order to Enlarge Deadline to File Dispositive Motions by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Proposed Order (PDF Only))(Ballard, Molly)
February 27, 2013 Filing 58 OBJECTION/Appeal of Magistrate Judge Decision to District Court by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
February 11, 2013 Opinion or Order Filing 57 ORDER granting #53 defendants' Motion for Protective Order Regarding Plaintiffs' Notices of 30(b)(6) Depositions, as set forth in the order, by Magistrate Judge Michael J. Watanabe on 2/11/2013.(mjwcd)
January 31, 2013 Filing 56 REPLY to Response to #53 MOTION for Protective Order Regarding Plaintiffs' Notices of 30(b)(6) Deposition filed by Defendants Bank of America N.A., Bank of New York Mellon, The. (Hicks, Ian)
January 24, 2013 Filing 55 RESPONSE to #53 MOTION for Protective Order Regarding Plaintiffs' Notices of 30(b)(6) Deposition filed by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Schwiesow, Erich)
January 8, 2013 Opinion or Order Filing 54 MEMORANDUM regarding #53 MOTION for Protective Order Regarding Plaintiffs' Notices of 30(b)(6) Deposition filed by Bank of America N.A., Bank of New York Mellon, The. Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Marcia S. Krieger on 1/8/13. Text Only Entry (msksec, )
January 3, 2013 Filing 53 MOTION for Protective Order Regarding Plaintiffs' Notices of 30(b)(6) Deposition by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Exhibit A through G to Motion for Protective Order)(Hicks, Ian)
November 5, 2012 Opinion or Order Filing 52 MINUTE ORDER granting #50 Unopposed Motion for Extension of Time for Taking of Depositions. The Scheduling Order (Docket No. #30 ) is amended so as to extend the deadline for taking depositions to January 5, 2013. By Magistrate Judge Michael J. Watanabe on 11/5/12.(mjgsl, )
November 3, 2012 Filing 51 MEMORANDUM regarding #50 Unopposed MOTION for Extension of Time to Take Depositions filed by Mark D. Niederquell, Judith A. Niederquell. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 11/3/12. Text Only Entry (msksec, )
November 2, 2012 Filing 50 Unopposed MOTION for Extension of Time to Take Depositions by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only))(Schwiesow, Erich)
November 2, 2012 Opinion or Order Filing 49 MINUTE ORDER granting #44 Plaintiffs' Motion for Protective Order Re: Location of Deposition. By Magistrate Judge Michael J. Watanabe on 11/2/2012.(mjwcd)
November 1, 2012 Filing 48 RESPONSE to #44 MOTION for Protective Order concerning location of deposition filed by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hicks, Ian)
November 1, 2012 Filing 47 NOTICE of Entry of Appearance by Ian Trevor Hicks on behalf of Bank of America N.A., Bank of New York Mellon, The (Hicks, Ian)
October 25, 2012 Opinion or Order Filing 46 MINUTE ORDER defendants shall have up to and including 11/1/2012 to respond to plaintiffs' Motion for Protective Order concerning location of deposition #44 , by Magistrate Judge Michael J. Watanabe on 10/25/2012. (mjwcd)
October 25, 2012 Opinion or Order Filing 45 MEMORANDUM regarding #44 MOTION for Protective Order concerning location of deposition filed by Mark D. Niederquell, Judith A. Niederquell. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 10/25/12. Text Only Entry (msksec, )
October 24, 2012 Filing 44 MOTION for Protective Order concerning location of deposition by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
October 2, 2012 Opinion or Order Filing 43 MINUTE ORDER granting #41 Unopposed Motion for Extension of Time to File Dispositive Motions. Scheduling Order #30 is amended. Dispositive Motions due by 12/14/2012. By Magistrate Judge Michael J. Watanabe on 10/2/2012.(mjwcd)
October 2, 2012 Filing 42 MEMORANDUM regarding #41 Unopposed MOTION for Extension of Time to File Dispositive Motions filed by Bank of America N.A., Bank of New York Mellon, The. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 10/2/12. Text Only Entry (msksec, )
October 1, 2012 Filing 41 Unopposed MOTION for Extension of Time to File Dispositive Motions by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Proposed Order (PDF Only))(Ballard, Molly)
October 1, 2012 Filing 40 NOTICE of Entry of Appearance by Molly Savage Ballard on behalf of Bank of America N.A., Bank of New York Mellon, The (Ballard, Molly)
August 31, 2012 Opinion or Order Filing 39 MINUTE ORDER granting in part and denying in part #37 Unopposed in Part and Opposed in Part Motion for Extension of Time for Completion of Discovery, by Magistrate Judge Michael J. Watanabe on 8/31/2012.(ervsl, )
August 31, 2012 Filing 38 MEMORANDUM regarding #37 MOTION for Extension of Time to complete discovery filed by Mark D. Niederquell, Judith A. Niederquell. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 8/31/12. Text Only Entry (msksec, )
August 30, 2012 Filing 37 MOTION for Extension of Time to complete discovery by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only))(Schwiesow, Erich)
June 15, 2012 Opinion or Order Filing 36 MINUTE ORDER granting #34 Motion to Withdraw as Attorney. Attorney Andrew Hawken Hall terminated. By Magistrate Judge Michael J. Watanabe on 6/15/12.(mjgsl, )
June 14, 2012 Filing 35 MEMORANDUM regarding #34 MOTION to Withdraw as Attorney filed by Bank of America N.A., Bank of New York Mellon, The. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 6/14/12. Text Only Entry (msksec, )
June 13, 2012 Filing 34 MOTION to Withdraw as Attorney by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Exhibit Notice of Withdrawal of Attorney of Record)(Hall, Andrew)
May 18, 2012 Filing 33 ANSWER to #20 Amended Complaint by Bank of America N.A., Bank of New York Mellon, The.(Hall, Andrew)
May 3, 2012 Opinion or Order Filing 32 OPINION AND ORDER DENYING MOTION TO REMAND AND MOTION TO DISMISS: IT IS THEREFORE ORDERED (1) The Plaintiffs' Motion for Remand #14 is DENIED. (2) The Defendants' Motion to Dismiss #17 is DENIED. The claims asserted in the Plaintiffs' Amended Complaint (#20), as redefined by this order, remain pending. by Judge Marcia S. Krieger on 5/3/12.(msksec, ) Modified on 5/7/2012 to correct filed date (wjcsl, ).
March 2, 2012 Opinion or Order Filing 31 TRIAL PREPARATION ORDER - CIVIL by Judge Marcia S. Krieger on 3/2/12. (msksec, ) (Main Document 31 replaced on 3/6/2012) (wjcsl, ). Modified on 3/6/2012 to attach a PDF with the Judge's signature (wjc, ).
February 29, 2012 Opinion or Order Filing 30 SCHEDULING ORDER: by Magistrate Judge Michael J. Watanabe on 02/29/2012. (wjc, )
February 29, 2012 Filing 29 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 2/29/2012. Discovery due by 9/6/2012. Dispositive Motions due by 10/15/2012. (Court Reporter: FTR - Ellen E. Miller) (mjwcd)
February 24, 2012 Filing 28 Proposed Scheduling Order by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
February 23, 2012 Filing 27 REPLY to Response to #17 MOTION to Dismiss Plaintiffs' Complaint filed by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Exhibit Request for Judicial Notice, #2 Exhibit 1-2 to Request for Judicial Notice, #3 Exhibit 3-5 to Request for Judicial Notice)(Hall, Andrew)
February 21, 2012 Opinion or Order Filing 26 ORDER granting #24 Plaintiff's Motion for Leave to Appear by Telephone. Plaintiff's counsel shall call the Court (303) 844-2403 for the Scheduling Conference 2/29/2012, by Magistrate Judge Michael J. Watanabe on 2/21/2012.(mjwcd)
February 21, 2012 Filing 25 MEMORANDUM regarding #24 Unopposed MOTION for Leave to Appear by Telephone filed by Mark D. Niederquell, Judith A. Niederquell. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 2/21/12. Text Only Entry (msksec, )
February 17, 2012 Filing 24 Unopposed MOTION for Leave to Appear by Telephone by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only) Granting Leave to Appear by Telephone at Scheduling Conference)(Schwiesow, Erich)
February 10, 2012 Filing 23 SUMMONS issued by Clerk. (Attachments: #1 Summons Issued) (wjc, ) Modified on 2/10/2012. This document was filed in this case in error (wjc, ).
February 10, 2012 Filing 22 SUMMONS issued by Clerk. (wjc, )
February 8, 2012 Filing 21 SUMMONS REQUEST as to Peggy J. Kern, in her official capacity as Public Trustee of Rio Grande County re #20 Amended Complaint by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
February 6, 2012 Filing 20 AMENDED COMPLAINT against Bank of America N.A., Bank of New York Mellon, The, Peggy J. Kern, filed by Mark D. Niederquell, Judith A. Niederquell.(Schwiesow, Erich) Modified on 2/7/2012 to add text name of Defendant (wjc, ).
February 6, 2012 Filing 19 RESPONSE to #17 MOTION to Dismiss Plaintiffs' Complaint filed by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich) Modified on 2/7/2012 to add filer (wjc, ).
January 25, 2012 Filing 18 BRIEF in Opposition to #14 MOTION to Remand to State Court filed by Defendants Bank of America N.A., Bank of New York Mellon, The. (Hall, Andrew)
January 13, 2012 Filing 17 MOTION to Dismiss Plaintiffs' Complaint by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Exhibit 1-5 to Motion to Dismiss, #2 Proposed Order (PDF Only))(Hall, Andrew)
January 6, 2012 Opinion or Order Filing 16 ORDER withdrawing #13 Motion for Preliminary Injunction; granting #15 Motion to Withdraw Document by Judge Marcia S. Krieger on 1/6/12. Text Only Entry(msksec, )
January 5, 2012 Filing 15 Unopposed MOTION to Withdraw Document re #13 Unopposed MOTION for Preliminary Injunction Requiring Defendants to Stay Foreclosure Proceedings by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
January 4, 2012 Filing 14 MOTION to Remand to State Court by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Schwiesow, Erich)
January 4, 2012 Filing 13 WITHDRAWN - Unopposed MOTION for Preliminary Injunction Requiring Defendants to Stay Foreclosure Proceedings by Plaintiffs Judith A. Niederquell, Mark D. Niederquell. (Attachments: #1 Proposed Order (PDF Only) Enjoining Defendants)(Schwiesow, Erich) Modified on 1/5/2012 to delete duplicate text (wjc, ). Modified on 1/6/2012 to add text Withdrawn pursuant to Order dated 01/06/2012 (wjc, ).
December 27, 2011 Opinion or Order Filing 12 ORDER Scheduling Conference set for 2/29/2012 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 12/27/2011. (mjwcd)
December 14, 2011 Opinion or Order Filing 11 ORDER granting #6 Unopposed Motion for Extension of Time for Defendants to File Their Response to the Complaint. Bank of America N.A. answer due 1/13/2012; Bank of New York Mellon, The answer due 1/13/2012, by Magistrate Judge Michael J. Watanabe on 12/14/2011.(wjc, )
December 14, 2011 Opinion or Order Filing 10 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 12/14/11. (mskcd)
December 14, 2011 Filing 9 MEMORANDUM regarding #6 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #2 Complaint filed by Bank of America N.A., Bank of New York Mellon, The. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 12/14/11. Text Only Entry (msksec, )
December 13, 2011 Filing 8 MEMORANDUM regarding #6 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #2 Complaint filed by Bank of America N.A., Bank of New York Mellon, The. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Marcia S. Krieger on 12/13/11. Text Only Entry (msksec, )
December 13, 2011 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters. At the scheduling conference, the Magistrate Judge shall advise the parties of Judge Kriegers practice standards found at www.cod.uscourts.gov;(2)Upon agreement of the parties, provide an Early Neutral Evaluation in accordance with D.C.COLO.LCivR 16.6. The Magistrate Judge shall also advise the parties that after such evaluation, if they mutually desire to settle the case, upon a showing that they need assistance and have been unable to obtain it privately, they may file a motion requesting a settlement conference;(3)Hear and finally determine referred non-dispositive matters subject to the exceptions found in 28 U.S.C. 636(b)(1)(A);(4)Hear and make recommendations on referred dispositive matters as defined in 28 U.S.C. 636(b)(1)(A). by Judge Marcia S. Krieger on 12/13/11. Text Only Entry (msksec, )
December 13, 2011 Filing 6 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #2 Complaint by Defendants Bank of America N.A., Bank of New York Mellon, The. (Attachments: #1 Proposed Order (PDF Only))(Balser, Justin)
December 7, 2011 Filing 5 CORPORATE DISCLOSURE STATEMENT by Defendants Bank of America N.A., Bank of New York Mellon, The. (agarc, )
December 7, 2011 Filing 4 SUMMONS Returned Executed Bank of New York Mellon, The served on 11/16/2011, answer due 12/7/2011. (agarc, )
December 7, 2011 Filing 3 SUMMONS Returned Executed Bank of America N.A. served on 11/17/2011, answer due 12/8/2011. (agarc, )
December 7, 2011 Filing 2 COMPLAINT against Bank of America N.A., Bank of New York Mellon, The, filed by Mark D. Niederquell, Judith A. Niederquell.(agarc, )
December 7, 2011 Filing 1 NOTICE OF REMOVAL from District Court, Rio Grande County, Case Number 2011-cv-84. (Filing fee $ 350 Receipt Number 43693), filed by Bank of New York Mellon, The, Bank of America N.A.. (Attachments: #1 Exhibit 1, #2 State Court Civil Cover Sheet, #3 State Court Summons, #4 Civil Cover Sheet, #5 Supplemental Civil Cover Sheet, #6 Receipt)(agarc, )

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Search for this case: Niederquell et al v. Bank of America N.A. et al
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Defendant: Bank of New York Mellon, The
Represented By: Ashley Elizabeth Calhoun
Represented By: Justin Donald Balser
Represented By: Andrew Hawken Hall
Represented By: Molly Savage Ballard
Represented By: Melissa Louise Cizmorris
Represented By: Ian Trevor Hicks
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Defendant: Green Tree Servicing, LLC
Represented By: Douglas D. Koktavy
Represented By: Irvin Allen Borenstein
Represented By: Elizabeth S. Marcus
Represented By: Kelly Ann Murdock
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Defendant: Bank of America NA
Represented By: Ashley Elizabeth Calhoun
Represented By: Justin Donald Balser
Represented By: Andrew Hawken Hall
Represented By: Molly Savage Ballard
Represented By: Melissa Louise Cizmorris
Represented By: Ian Trevor Hicks
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Defendant: Peggy J. Kern
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Defendant: Bank of New York as Trustee for the Certificateholders of CWABS, Inc, Asset-Backed Certificates, Series
Represented By: Ashley Elizabeth Calhoun
Represented By: Justin Donald Balser
Represented By: Andrew Hawken Hall
Represented By: Molly Savage Ballard
Represented By: Melissa Louise Cizmorris
Represented By: Ian Trevor Hicks
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Plaintiff: Judith A. Niederquell
Represented By: Erich Schwiesow
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Plaintiff: Mark D. Niederquell
Represented By: Erich Schwiesow
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