Brumfeil v. U.S. Bank et al

Defendant: Larry (I) Castle, U.S. Bank, Larry Castle and Castle Stawiarski
Plaintiff: Lisa Kay Brumfeil
 
Case Number: 1:2012cv02716
Filed: October 12, 2012
 
Court: Colorado District Court
Office: Denver Office
County: Arapahoe
Referring Judge: Michael E. Hegarty
Presiding Judge: William J. Martinez
 
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28:1983 Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
May 14, 2013 120 Opinion or Order of the Court ORDER Defendant U.S. Banks Motion to Vacate ECF No. 116 is GRANTED, and the evidentiary hearing set on Plaintiffs Petition for May 15, 2013 at 9:00 a.m. is hereby VACATED; Plaintiffs Petition for a Preliminary Injunction ECF No. 82 is GRANTED, and any proceeding under Rule 120 and/or Colorado Revised Statute § 38-38-101 against the Property is ENJOINED for the duration of this action; and Plaintiffs Request for Reconsideration of her previous Motion for a Preliminary Injunction ECF No. 36 is DENIED AS MOOT, as the instant Order grants the relief requested therein. BY Judge William J. Martinez on 5/14/2013.(ervsl, )
May 16, 2013 127 Opinion or Order of the Court ORDER Denying as moot 9 Castle Defendants Motion to Dismiss. In addition, Plaintiffs Objection to the Recommendation ECF No. 40 is OVERRULED, given that the underlying Motion has been denied as moot. As a consequence of these rulings, the Court need not adopt nor reject the Magistrate Judges Recommendation on the Motion ECF No. 35 , and therefore it takes no action with regard to same, by Judge William J. Martinez on 5/16/2013.(ervsl, )
June 14, 2013 169 Opinion or Order of the Court ORDER denying 158 Plaintiffs Motion for an Order to Show Cause. The parties shall bear their own costs, by Judge William J. Martinez on 6/14/2013.(ervsl, )
July 23, 2013 180 Opinion or Order of the Court ORDER denying 176 pro se Plaintiff Lisa Kay Brumfiels Motion for the Court to Place Plaintiff on Clerks List of Pro Bono Volunteer Attorney Assistance Program, by Judge William J. Martinez on 7/23/2013.(ervsl, )
September 10, 2013 188 Opinion or Order of the Court MINUTE ORDER granting 186 Defendant U.S. Bank's Unopposed Motion to Vacate the Final Pretrial Conference Set for September 17, 2013 and to Convert it to a Telephonic Status Conference. The Final Pretrial Conference set for 9/17/2013 at 9:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty is converted to a Status Conference. The parties must first conference together and then call chambers at (303)844-4507. By Magistrate Judge Michael E. Hegarty on 9/10/2013. (mehcd)
September 26, 2013 196 Opinion or Order of the Court ORDER granting 161 Plaintiffs Motion for Leave to File a Notice of Removal; Denying as moot 182 Plaintiffs Requests for Judicial Notice; Denying as moot [ 183] Plaintiffs Requests for Judicial Notice; granting 171 Defendant's Motion to Remand and the Court REMANDS the Arapahoe County Action, Case Number 2013-cv-825, to Arapahoe County District Court. The Clerk shall transmit the file, by Judge William J. Martinez on 9/26/2013.(ervsl, )
October 2, 2013 200 Opinion or Order of the Court ORDER granting Defendants Motions to Dismiss the Amended Complaint 51 , 69 , 90 , and 91 due to lack of jurisdiction. Plaintiffs Amended Complaint is DISMISSED WITHOUT PREJUDICE in its entirety; and Judgment shall be entered in favor of Defendants, and Defendants shall have their costs, by Judge William J. Martinez on 10/2/2013.(ervsl, )
October 4, 2013 203 Opinion or Order of the Court FINAL JUDGMENT by Clerk in favor of Castle Stawiarski, MERS, U.S. Bank, Cynthia Mares, Larry Castle, Larry (I) Castle, Robert J. Hopp, Robert (I) J. Hopp against Lisa Kay Brumfiel re: 200 Order on Motion to Dismiss, by Edward P. Butler, Deputy Clerk on 10/4/2013. (ervsl, )
October 4, 2013 204 Opinion or Order of the Court ORDER re: 202 Notice of Removal filed by Lisa Kay Brumfiel. it is ORDERED that the Clerk of Court shall remand Case Number 2013-cv-825 to the Arapahoe County District Court, by Judge William J. Martinez on 10/4/2013. (ervsl, )
August 14, 2014 224 Opinion or Order of the Court ORDER denying 205 Plaintiffs Motion to Alter and Amend the Judgment, by Judge William J. Martinez on 8/14/2014.(evana, )
August 29, 2014 232 Opinion or Order of the Court ORDER as to 229 Plaintiff's Ex-parte Emergency MOTION for Order to Extend or Renew Preliminary Injunction or in the Alternative Issue a New Temporary Restraining Order. The parties are advised that the Court will not rule on the Motion until after Defendants' deadline to respond to the Motion to Alter and Amend the Judgment has elapsed, by Judge William J. Martinez on 08/29/2014. (wjmlc2, )
September 5, 2014 240 Opinion or Order of the Court ORDER denying 225 Plaintiffs Motion for Relief from Judgment or Order and Request for Expedited Hearing; denying 229 Plaintiffs Ex Parte Emergency Motion for Order to Extend or Renew Preliminary Injunction or In the Alternative Issue a New TR O; and Plaintiff is prohibited from filing any further motions seeking postjudgment relief in this action. Violation of this Order by Plaintiff may subject her to the imposition of sanctions by the Court, by Judge William J. Martinez on 9/5/2014.(evana, )
April 9, 2013 59 Opinion or Order of the Court MINUTE ORDER denying without prejudice 54 Plaintiffs Motion to Amend Caption for failure to comply with D.C. Colo. LCivR 7.1A, by Magistrate Judge Michael E. Hegarty on 4/0/2716.(ervsl, )
October 15, 2012 5 Opinion or Order of the Court ORDER Denying 3 Combined Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiff is prohibited from filing any further emergency motions in this action seeking to enjoin the related foreclosure proceedings in state court. By Judge William J. Martinez on 10/15/12. (alvsl)
April 15, 2013 72 Opinion or Order of the Court MINUTE ORDER Plaintiffs unopposed Motion for Extension of Time to File Brief in Opposition to CS Defendants Motion to Dismiss filed April 12, 2013; docket # 60 is denied as moot; Plaintiffs unopposed Motion for Extension of Time to File Brief in Opposition to CS Defendants Motion to Dismiss filed April 12, 2013; docket # 60 is denied as moot; Plaintiffs renewed and unopposed Motion to Correct the Caption and the Amended Complaint to Reflect the Proper Name of Defendant filed April 12, 20 13; docket # 62 is granted in that the Clerk of the Court is directed to amend the caption in this case to Robert J. Hopp ; Plaintiffs unopposed Request to Re-Serve Defendants MERS, Robert Hopp and Cynthia Mares filed April 12, 2013; docket # 66 is construed by the Court as a motion for extension of time within which to serve these Defendants and is granted, by Magistrate Judge Michael E. Hegarty on 4/15/2013.(ervsl, )
May 6, 2013 93 Opinion or Order of the Court MINUTE ENTRY for Hearing on Motion for Temporary Restraining Order held before Judge William J. Martinez on May 6, 2013. ORDERED: The parties have a week from today to file any Suggestion of Recusal. ORDERED: Mr. Vaglica shall file on CM/ECF , by Wednesday, May 8, 2013, a copy of the original Note and Deed of Trust. ORDERED: Taking this matter as a motion for an interim preliminary injunction, 82 ,the Motion is GRANTED. The public trustee is enjoined from taking any steps to effect a foreclosure sale going forward this Wednesday. No such sale will be held between now and 14 days from today, May 20th, 2013. A written order will issue setting forth the Court's findings and conclusions. ORDERED: A full hearing on the mot ion for a preliminary injunction is set Wednesday, May 15th, 2013 at 9:00 a.m. in Courtroom A801 before Judge William J. Martinez. All personal defendants shall be present at this hearing with counsel, to include Ms. Mares, Mr. Castle and Mr. Hopp. Agents who would qualify as Rule 30(b)(6) agents for U.S. Bank and the Defendant Trust shall also be present. ORDERED: Plaintiff shall appear in this Court's chambers tomorrow at 9:00 a.m. to sign an unsecured bond in the amount of $1,250.00. Hearing concluded. Court Reporter: Gwen Daniel. (wjmcd, )
May 6, 2013 94 Opinion or Order of the Court ORDER Granting Plaintiff's Petition for a motion for an Interim Preliminary Injunction (ECF No. 82 ) is GRANTED. The Court therefore ORDERS as follows: Defendant Public Trustee of Arapahoe County, Colorado is hereby ENJOINED and RESTRAINED from undertaking any steps which would lead to a foreclosure sale of Plaintiff's Property as defined herein for 14 days from the date of this Order, in order to preserve the status quo ante. This Interim Preliminary Injunction will dissolve o n May 20, 2013 unless otherwise Ordered by the Court after an evidentiary hearing. An evidentiary hearing on Plaintiff's Motion for a Full Preliminary Injunction is set for May 15, 2013 at 9:00 a.m. in Courtroom A 801. All individual Defe ndants in this action are to be present at the hearing on May 15, 2013 with counsel, to include Ms. Mares, Mr. Castle and Mr. Hopp. Mr. Groen has voluntarily agreed to be present at this hearing. Defendants U.S. Bank and Trust are DIRECTED to cause t o be present at this hearing an agent for each such entity authorized to speak for same under Rule 30(b)(6) of the Federal Rules of Civil Procedure. Motion Hearing set for 5/15/2013 09:00 AM in Courtroom A 801 before Judge William J. Martinez. by Judge William J. Martinez on 05/06/2013.(wjmint1, )

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Defendant: Larry (I) Castle
Represented By: Phillip A. Vaglica
Represented By: Christopher T. Groen
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Defendant: U.S. Bank
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Defendant: Larry Castle
Represented By: Phillip A. Vaglica
Represented By: Christopher T. Groen
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Defendant: Castle Stawiarski
Represented By: Phillip A. Vaglica
Represented By: Christopher T. Groen
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Plaintiff: Lisa Kay Brumfeil
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