McKinsey et al v. GMAC Mortgage LLC et al

Defendant: Public Trustee of Gunnison County, Colorado, Bank United, FSB, GMAC Mortgage, LLC, Wells Fargo Bank, NA and Deutsche Bank National Trust Company
Plaintiff: Michael R. McKinsey and Deborah E. McKinsey
Case Number: 1:2013cv00084
Filed: January 15, 2013
Court: Colorado District Court
Office: Denver Office
County: Gunnison
Presiding Judge: Robert E. Blackburn
Referring Judge: Michael J. Watanabe
Nature of Suit: Truth in Lending
Cause of Action: 15:1601 Truth in Lending
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
January 15, 2013 10 Opinion or Order of the Court ORDER Following Status Conference of November 13, 2012 by J. Steven Patrick, District Court Judge on 11/19/2012. (dbera, )
January 15, 2013 12 Opinion or Order of the Court ORDER Granting Motion for Leave to File Amended Complaint re: 11 Amended Complaint, filed by Deborah E. McKinsey, Michael R. McKinsey by J. Steven Patrick, on 12/26/2012. (dbera, )
January 16, 2013 16 Opinion or Order of the Court ORDER Scheduling Conference set for 2/27/2013 11:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 1/16/2013. (mjwcd)
April 9, 2013 51 Opinion or Order of the Court COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 4/9/2013.Taking under advisement 26 Motion to Dismiss Plaintiffs' Amended Complaint.Taking under advisement 31 Plain tiffs' Motion to Dismiss with Prejudice and Enter Default Judgement Against Defendants. Taking under advisement 36 Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice by Court Order.Court Reporter: FTR - Ellen E. Miller. (mjwcd)
January 15, 2013 5 Opinion or Order of the Court ORDER by Charles R. Greenacre, District Court Judge on 09/12/2012. (dbera, )
January 15, 2013 6 Opinion or Order of the Court ORDER Vacating Hearing and Setting Status Conference by NONE on 09/24/2012. (dbera, )
May 28, 2013 71 Opinion or Order of the Court MINUTE ORDER denying without prejudice 69 Plaintiffs' Motion for Leave to File Second Amended Complaint. By Magistrate Judge Michael J. Watanabe on 5/28/2013. (klyon, )
July 9, 2013 75 Opinion or Order of the Court ORDER adopting 56 Recommendation of United States Magistrate Judge & denying 73 Motion for Injunctive Relief. Plaintiffs' Motion to Dismiss With Prejudice and Enter Default Judgement [sic] Against Defendants [# 31 ] is DENIED. Plaintiffs 9; Motion to Voluntarily Dismiss Without Prejudice By Court Order [# 36 ] is DENIED. Motion To dismiss Plaintiffs' Amended Complaint [# 26 ] is GRANTED. Claims asserted by the plaintiffs in the complaint [# 11 ] are DISMISSED WITH PREJUDICE4 as to defendants, Deutsch Bank National Trust Company, and Wells Fargo Bank. As to defendant, GMAC Mortgage, LLC, claim one (lack of standing); claim six (quiet title), and claim seven (declaratory relief), as asserted by the plaintiffs in the complaint [#[ 11 ] are DISMISSED WITH PREJUDICE. As to defendant, GMAC Mortgage, LLC, claim ten (rescission), asasserted by the plaintiffs in the complaint [# 11 ] is DISMISSED WITH PREJUDICE, except to the extent the plaintiffs seek in claim ten an award ofd amages against GMAC Mortgage, LLC, which claim is stayed. As to the claims against defendant, GMAC Mortgage, LLC, in which the plaintiffs seek monetary damages, as asserted by the plaintiffs in the complaint [# 11 ] including claims two (fraud in the concealment), claim three (fraud in the inducement), claim four (intentional infliction of emotional distress), claimfive (slander of title), claim eight (violations of TILA), claim nine (violations of RESPA), and the part of claim ten in which the plaintiffs seek monetary damages, ruling on the recommendation [# 56 ] and Ms. McKinsey's objections [# 65 ] is STAYED because further action on these claims is prohibited by the automatic stay currently in effect as a result of the bankruptcy f iling by defendant, GMAC Mortgage, LLC. Pending resolution of the GMAC Mortgage, LLC bankruptcy and under D.C.COLO.LCivR 41.2, this action is CLOSED ADMINISTRATIVELY. The reference of the Plaintiffs' Motion for a TRO/Preliminary Injunction and the Return of Plaintiffs' Personal and Real Property [# 73 ] is WITHDRAWN. Plaintiffs' Motion for a TRO/Preliminary Injunction and the Return of Plaintiffs' Personal and Real Property [# 73 ] is DENIED. By Judge Robert E. Blackburn on 7/9/2013. (klyon, )
January 15, 2013 7 Opinion or Order of the Court ORDER on Status Conference of October 10, 2012 by J. Steven Patrick, District Judge on 10/10/2012. (dbera, )
January 15, 2013 8 Opinion or Order of the Court ORDER Re: Defendant First Gunnison Title & Escrow Inc.'s Un-Opposed Motion for Enlargement of Time in Which to File Answer. by J. Steven Patrick, District Court Judge on 10/25/2012. (dbera, )
January 15, 2013 9 Opinion or Order of the Court ORDER Re: Defendant First Gunnison Title & Escrow, Inc.'s Unopposed Motion to Dismiss. by J. Steven Patrick, District Court Judge on 11/08/2012. (dbera, )

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Defendant: Public Trustee of Gunnison County, Colorado
Represented By: Arthur A. B. Trezise
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Defendant: Bank United, FSB
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Defendant: GMAC Mortgage, LLC
Represented By: Karen Lynn Brody
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Defendant: Wells Fargo Bank, NA
Represented By: Karen Lynn Brody
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Defendant: Deutsche Bank National Trust Company
Represented By: Karen Lynn Brody
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Plaintiff: Michael R. McKinsey
Represented By: Armin Kramer Sarabi
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Plaintiff: Deborah E. McKinsey
Represented By: Armin Kramer Sarabi
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