Walker et al v. Countrywide Home Loans, Inc. et al
| Patrice A. George and Richard H. Walker |
| Mortgage Electronic Registration System, (MERS), US Bank, NA, Countrywide Home Loans Servicing, LP, Citigroup Global Markets Realty Corporation, Citigroup Mortgage Loan Trust, Inc., Does 1 through 100, inclusive and Countrywide Home Loans, Inc. |
| 1:2017cv03307 |
| August 31, 2017 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Gwinnett |
| Mark H Cohen |
| Catherine M Salinas |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 |
| None |
Docket Report
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This docket was last retrieved on February 20, 2018. A more recent docket listing may be available from PACER.
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| Filing 20 Mail sent to Patrice A. George re #18 Order Returned as Undeliverable. Return to Sender. Not Deliverable as Addressed. Unable to Forward. (rjs) |
| Filing 19 CLERK'S JUDGMENT: it isOrdered and Adjudged that plaintiffs take nothing, that defendants Mortgage Electronic Registration Systems, Inc., Countrywide Home Loans, Inc., and Countrywide Home Loans Servicing, LP recover their costs of this action and that they are DISMISSED WITH PREJUDICE. All claims against Defendant Citigroup Global Markets Realty Corporation, Citigroup Mortgage Loan Trust, Inc., U.S. Bank, and Does 1 through 100 are DISMISSED WITHOUT PREJUDICE. (bnw)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 18
ORDER APPROVING and ADOPTING #15 Final Report and Recommendation. #4 Motion to Dismiss for Failure to State a Claim is DENIED AS MOOT and #14 Motion to Dismiss for Failure to State a Claim is GRANTED. All claims against Defendants Mortgage Electronic Registration Systems, Inc., Countrywide Home Loans, Inc., and Countrywide Home Loans Servicing, LP are DISMISSED WITH PREJUDICE; and All claims against Defendant Citigroup Global Markets Realty Corporation, Citigroup Mortgage Loan Trust, Inc., U.S. Bank, and Does 1 through 100 are DISMISSED WITHOUT PREJUDICE due to Plaintiffs' failure to perfect service as required by Federal Rule of Civil Procedure 4(m). Signed by Judge Mark H. Cohen on 2/12/18. (bnw)
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| Clerks Certificate of Mailing as to Patrice A. George, Richard H. Walker re #18 Order on #19 Clerk's Judgment. (bnw) |
| Civil Case Terminated. (bnw) |
| Filing 17 Mail sent to Richard H. Walker re #15 FINAL REPORT AND RECOMMENDATION #16 Order of Service. Mail Returned as Undeliverable. Marked as RETURN TO SENDER; NOT DELIVERABLE TO ADDRESSED; UNABLE TO FORWARD (bnw) |
| Submission of #15 FINAL REPORT AND RECOMMENDATION re #1 Notice of Removal, filed by Countrywide Home Loans, Inc., Mortgage Electronic Registration System, (MERS), Countrywide Home Loans Servicing, LP, #10 Amended Complaint,, filed by Richard H. Walker, Patri, submitted to District Judge Mark H. Cohen. (bnw) |
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Filing 16
ORDER for Service of #15 Final Report and Recommendation by Magistrate Judge Catherine M. Salinas. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Catherine M. Salinas on 1/19/2018. (rjs)
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| Filing 15 FINAL REPORT AND RECOMMENDATION re #1 Notice of Removal and #10 Supplemental Complaint. Signed by Magistrate Judge Catherine M. Salinas on 1/19/2018. (rjs) |
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ORDER (found in the #15 R&R) granting nunc pro tunc #13 Motion for Leave to File Excess Pages. Ruled on by Magistrate Judge Catherine M. Salinas on 1/19/2018. (rjs)
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| FINAL REPORT AND RECOMMENDATION RECOMMENDING That all claims against Defendants Citigroup Global Markets Realty Corporation, Citigroup Mortgage Loan Trust, Inc., U.S. Bank, and Does 1 through 100 be DISMISSED WITHOUT PREJUDICE due to Plaintiffs' failure to perfect service as required by Federal Rule of Civil Procedure 4(m); That all claims against Defendants MERS, Countrywide Home Loans, Inc., and Countrywide Home Loans Servicing, LP (n/k/a Bank of America, N.A.) be DISMISSED WITH PREJUDICE and that the Moving Defendants' #14 motion to dismiss the Supplemental Complaint be GRANTED in its entirety; and That the Moving Defendants' prior #4 motion to dismiss Plaintiffs' original Complaint be DENIED AS MOOT. Ruled on by Magistrate Judge Catherine M. Salinas on 1/19/2018. (rjs) |
| Clerks Certificate of Mailing as to Patrice A. George and Richard H. Walker re #15 FINAL REPORT AND RECOMMENDATION, Order on Motion for Leave to File Excess Pages and #16 Order for Service of Report and Recommendation. (rjs) |
| Submission of #13 MOTION for Leave to File Excess Pages , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to Magistrate Judge Catherine M. Salinas. (jpa) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Countrywide Home Loans Servicing, LP, Countrywide Home Loans, Inc., Mortgage Electronic Registration System, (MERS). (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Rhadans, Allison) |
| Filing 13 MOTION for Leave to File Excess Pages by Countrywide Home Loans Servicing, LP, Countrywide Home Loans, Inc., Mortgage Electronic Registration System, (MERS). (Attachments: #1 Text of Proposed Order)(Rhadans, Allison) |
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Filing 12
ORDER DENYING #11 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction. Signed by Judge Mark H. Cohen on 8/14/2017. (Originally filed in 1:17-cv-3052 on 08/14/2017) (sap)
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| Filing 11 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Patrice A. George, Richard H. Walker. (Originally filed in 1:17-cv-3052 on 08/14/2017) (sap) |
| Filing 10 SUPPLEMENTAL COMPLAINT against Citigroup Global Markets Realty Corporation, Citigroup Mortgage Loan Trust, Inc., Countrywide Home Loans Servicing, LP, Countrywide Home Loans, Inc., Does 1 through 100, inclusive, Mortgage Electronic Registration System, (MERS), and US Bank, NA filed by Patrice A. George and Richard H. Walker. (Originally filed in 1:17-cv-3052 on 08/14/2017) (Attachments: #1 Lis Pendens, #2 Affidavit of Fraud/Forgery) (sap) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Magistrate Judge Catherine M. Salinas. (bnw) |
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Filing 9
ORDER: it is hereby ORDERED that Plaintiffs' #8 Application for Temporary Restraining Order or Preliminary Injunction is DENIED AS MOOT. The Clerk shall terminate the submission of #8 to the undersigned. Signed by Judge Mark H. Cohen on 9/8/17. (bnw)
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| Clerks Certificate of Mailing as to Patrice A. George, Richard H. Walker re #9 Order. (bnw) |
| Submission of #8 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction, submitted to District Judge Mark H. Cohen. (eop) |
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Filing 7
ORDER GRANTING #3 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Catherine M. Salinas on 9/6/17. (bnw)
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Filing 6
ORDER GRANTING #5 Motion to Stay Pretrial Deadlines and Discovery staying the commencement of the discovery period and the parties' obligations to comply with the deadlines for conducting the Rule 26(f) conference, filing initial disclosures, and filing a preliminary report and discovery plan. It is furthermore ORDERED that should the Court later deny Defendants' Motion to Dismiss, the parties shall comply with all preliminary mandates of the federal and local rules within (30) days of the Court's Order denying said motion. Signed by Magistrate Judge Catherine M. Salinas on 9/6/17. (bnw)
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| Clerks Certificate of Mailing as to Patrice A. George, Richard H. Walker re #6 and #7 Order. (bnw) Modified on 9/6/2017 to edit text (bnw). |
| Filing 5 MOTION to Stay Pretrial Deadlines and Discovery with Brief In Support by Countrywide Home Loans Servicing, LP, Countrywide Home Loans, Inc., Mortgage Electronic Registration System, (MERS). (Attachments: #1 Brief, #2 Text of Proposed Order)(Rhadans, Allison) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Countrywide Home Loans Servicing, LP, Countrywide Home Loans, Inc., Mortgage Electronic Registration System, (MERS). (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Rhadans, Allison) |
| Filing 3 MOTION for Leave to File Excess Pages by Countrywide Home Loans Servicing, LP, Countrywide Home Loans, Inc., Mortgage Electronic Registration System, (MERS). (Attachments: #1 Text of Proposed Order)(Rhadans, Allison) |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Countrywide Home Loans Servicing, LP, Countrywide Home Loans, Inc., Mortgage Electronic Registration System, (MERS) identifying Corporate Parent Maroon Holding, LLC for Mortgage Electronic Registration System, (MERS); Corporate Parent Bank of America Corporation for Countrywide Home Loans Servicing, LP, Countrywide Home Loans, Inc.. (Rhadans, Allison) |
| Clerks Notation re #2 Certificate of Interested Persons reviewed by MHC. (jgs) |
| Filing 8 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction and Declaratory Relief filed by Patrice A. George and Richard H. Walker. (Filed in State Court and contained w/in Notice of Removal) (eop) |
| Filing 1 NOTICE OF REMOVAL with COMPLAIN, filed by Countrywide Home Loans, Inc., Countrywide Home Loans Servicing, LP and Mortgage Electronic Registration System, (MERS). (Filing fee $ 400.00 receipt number 113E-7360616) (Attachments: #1 Exhibit -A, #2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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