Bowers et al v. Mortgage Electronic Registration Systems, Inc. et al

Plaintiff: Roy Bowers and Sheila Bowers
Defendant: Mortgage Electronic Registration Systems, Inc. and Lorna Slaughter
 
Case Number: 5:2010cv04141
Filed: November 16, 2010
 
Court: Kansas District Court
Office: Topeka Office
County: Shawnee
Presiding Judge: J. Thomas Marten
Referring Judge: David J. Waxse
 
Nature of Suit: All Other Real Property
Cause of Action: 28:1441
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
December 2, 2011 109 Featured Case MEMORANDUM AND ORDER granting 62 Defendants' Motion for Entry of Protective Order from Corporate Representative Deposition Notice. Defendant MERS is granted a protective order from producing any representatives to testify to Plaintiffs' Notice of Rule 30(b)(6) Deposition of MERS, Duces Tecum, dated July 1, 2011. Plaintiffs may, however, serve MERS with another notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) in accordance with the rulings in this Memorandum and Order. It i s further ordered that any future Rule 30(b)(6) deposition of Defendant MERS shall be held at its principal place of business in Virginia, unless the parties otherwise agree to another location. Signed by Magistrate Judge David J. Waxse on 12/2/2011. (byk)
December 22, 2011 119 Featured Case MEMORANDUM AND ORDER denying 82 Defendants' Motion for Order of Contempt of Court or to Show Cause Why Non-Party Home Quest Mortgage, LLC Should Not Be Held in Contempt. It is further ordered that the subpoena duces tecum commanding Home Quest to produce documents dated August 5, 2011 is quashed for lack of proper service. Each party should bear its own costs associated with the motion. Signed by Magistrate Judge David J. Waxse on 12/22/2011. (byk)
January 31, 2012 145 Featured Case MEMORANDUM AND ORDER denying 126 plaintiffs' Motion for Review; and granting 142 plaintiffs' Motion to Amend/Correct. Signed by District Judge J. Thomas Marten on 1/31/2012. (mss)
March 1, 2012 189 Featured Case MEMORANDUM AND ORDER denying 103 plaintiffs' Motion to Dismiss; denying 125 plaintiffs' Motion to Remand to State Court; denying 130 plaintiffs' Motion to Dismiss; and denying 188 plaintiffs' Motion for Order. Signed by District Judge J. Thomas Marten on 3/1/2012. (mss)
July 9, 2012 252 Featured Case MEMORANDUM AND ORDER granting in part and denying in part 111 Plaintiffs' Motion to Deem Requests for Admission as Insufficient. Within 20 days of this Memorandum and Order, Defendant MERS shall serve, without objection, its answers to Plain tiffs' Requests for Admission Nos. 26 (but limited to the Caveat and lost note affidavit), 34, 35, 48, 61, and 62. It is further ordered that pursuant to Fed. R. Civ. P. 26(g)(3), discovery sanctions in the amount of $1,000 are imposed upon the attorney who signed Defendant MERS's objections and responses to Plaintiffs' Requests for Admission. The sanctions shall be paid to Plaintiffs within 30 days of this Memorandum and Order. Signed by Magistrate Judge David J. Waxse on 7/9/2012. (byk)
September 7, 2012 291 Featured Case MEMORANDUM AND ORDER sustaining 263 the Objection of the Defendants to the Order of the Magistrate Judge. The sanctions imposed on July 9, 2012, are hereby set aside. Signed by District Judge J. Thomas Marten on 9/7/2012. (jlw)
September 11, 2012 293 Featured Case MEMORANDUM AND ORDER denying as moot 217 First American's earlier Motion to Dismiss or For More Definite Stataement; and granting 232 Third Party Defendant First American's Motion to Dismiss for Failure to State a Claim. Signed by District Judge J. Thomas Marten on 9/11/2012. (jlw)
October 4, 2012 301 Featured Case MEMORANDUM AND ORDER denying 219 plaintiffs' Motion to Strike ; denying 221 defendant's Motion for Default Judgment; granting 224 defendants' Motion to Strike; and granting 230 defendants' Motion for Summary Judgment. Signed by District Judge J. Thomas Marten on 10/4/2012. (mss)
December 17, 2012 337 Featured Case MEMORANDUM AND ORDER denying 336 plaintiffs' Motion for Rule 54(b) Certification. Signed by District Judge J. Thomas Marten on 12/17/2012. (mss)
March 26, 2013 352 Featured Case MEMORANDUM AND ORDER granting 318 Wells Fargo's Motion for Summary Judgment as to Count III; denying 330 plaintiffs' Motion to Strike; and granting 304 Wells Fargo's Motion for Attorney Fees. PLEASE REFER TO THE ORDER FOR AN IMPORTANT RESPONSE DEADLINE. Signed by District Judge J. Thomas Marten on 3/26/2013. (mss)
July 15, 2013 376 Featured Case MEMORANDUM AND ORDER granting 357 Wells Fargo's Motion to Alter Judgment. Signed by District Judge J. Thomas Marten on 7/15/2013. (mss)
June 1, 2011 46 Featured Case MEMORANDUM AND ORDER granting in part and denying in part 18 Motion to Strike Affirmative Defenses of Mortgage Electronic and granting in part and denying in part 19 Motion to Strike Affirmative Defenses of Lorna Slaughter. Signed by Magistrate Judge David J. Waxse on 6/1/2011. (mh)
August 2, 2011 66 Featured Case MEMORANDUM AND ORDER granting in part and denying in part 29 Defendants' Motion for Protective Order. In conjunction with the filing of this Order, the Court will enter a revised Protective Order limiting the parties' use, disclosure, and dissemination of confidential information and materials produced in this case. Signed by Magistrate Judge David J. Waxse on 8/2/2011. (byk)
August 3, 2011 70 Featured Case MEMORANDUM AND ORDER granting Wells Fargo Bank, N.A.'s 31 MOTION to Intervene. Wells Fargo shall electronically file its proposed Answer to the Complaint and Counterclaim by 08/08/2011. Any response by Plaintiffs shall be filed by 08/29/2011. A telephone Status Conference is set for 9/12/2011 at 02:00 PM before Magistrate Judge David J. Waxse. Further, Plaintiffs' request for their fees in responding to the motion are denied. Signed by Magistrate Judge David J. Waxse on 8/3/2011. (mg)

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Plaintiff: Roy Bowers
Represented By: Donna L. Huffman
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Plaintiff: Sheila Bowers
Represented By: Donna L. Huffman
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Defendant: Mortgage Electronic Registration Systems, Inc.
Represented By: Jennifer Ann Donnelli
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Defendant: Lorna Slaughter
Represented By: Jennifer Ann Donnelli
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