Lodge v. United Homes, LLC et al

Lodge v. United Homes, LLC et al

Case Number:	1:2005cv00187
Filed:	January 13, 2005
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Raymond J. Dearie
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Civil Rights: Accomodations
Cause of Action:	42 U.S.C. § 405 Fair Housing Act
Jury Demanded By:	Both

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
May 26, 2011	Filing 604 MEMORANDUM AND OPINION. For the reasons stated in the attached Memorandum & Order, the Bayview Defendants are precluded from asserting that U.S. Bank is a holder in due course in its own right and/or under the shelter rule on the theory that Bayview Financial was the original holder in due course of the Lodge mortgage. However, the Bayview Defendants may rely on Plaintiff's Local Civil Rule 56.1 Statement 20 and on the pleadings to establish that U.S. Bank is the current holder of the Lod ge mortgage, but not to establish that U.S. Bank is a holder in due course. Further, the Bayview Defendants may not present testimony that Wachovia was a holder in due course in its own right because the Bayview Defendants have not identified a witn ess with personal knowledge regarding Wachovia's lack of notice, payment and good faith, nor produced documents during the course of discovery establishing that Wachovia actually paid value for the subject note, in good faith and without notice or actual knowledge of any defense. Ordered by Judge Kiyo A. Matsumoto on 5/26/2011. (Iguina, Carmen)
May 5, 2011	Filing 585 ORDER denying 535 Motion to Strike. For the reasons set out in the attached Memorandum and Order, plaintiff's motion to strike the Bayview Defendants' holder-in-due-course defense is denied. The court orders that: (1) upon presentation by plaintiff's counsel of contemporaneous time records and documentation of costs, the Bayview Defendants shall compensate plaintiff for the costs and fees incurred in pursuing the discovery relating to the ownership of the Lodge mortgage, respo nding to the Bayview Defendants' two motions (one motion to dismiss and/or for summary judgment and one motion for summary judgment) on their holder-in-due-course defense, and in making the instant motion to strike the holder-in-due-course defen se, and (2) the Bayview Defendants are precluded from presenting at trial any documents produced on or after January 13, 2011, or any testimony relating to documents produced on or after January 13, 2011. Ordered by Judge Kiyo A. Matsumoto on 5/5/2011. (Iguina, Carmen)

Date Filed

Document Text

May 26, 2011

Filing 604 MEMORANDUM AND OPINION. For the reasons stated in the attached Memorandum & Order, the Bayview Defendants are precluded from asserting that U.S. Bank is a holder in due course in its own right and/or under the shelter rule on the theory that Bayview Financial was the original holder in due course of the Lodge mortgage. However, the Bayview Defendants may rely on Plaintiff's Local Civil Rule 56.1 Statement 20 and on the pleadings to establish that U.S. Bank is the current holder of the Lod ge mortgage, but not to establish that U.S. Bank is a holder in due course. Further, the Bayview Defendants may not present testimony that Wachovia was a holder in due course in its own right because the Bayview Defendants have not identified a witn ess with personal knowledge regarding Wachovia's lack of notice, payment and good faith, nor produced documents during the course of discovery establishing that Wachovia actually paid value for the subject note, in good faith and without notice or actual knowledge of any defense. Ordered by Judge Kiyo A. Matsumoto on 5/26/2011. (Iguina, Carmen)

May 5, 2011

Filing 585 ORDER denying 535 Motion to Strike. For the reasons set out in the attached Memorandum and Order, plaintiff's motion to strike the Bayview Defendants' holder-in-due-course defense is denied. The court orders that: (1) upon presentation by plaintiff's counsel of contemporaneous time records and documentation of costs, the Bayview Defendants shall compensate plaintiff for the costs and fees incurred in pursuing the discovery relating to the ownership of the Lodge mortgage, respo nding to the Bayview Defendants' two motions (one motion to dismiss and/or for summary judgment and one motion for summary judgment) on their holder-in-due-course defense, and in making the instant motion to strike the holder-in-due-course defen se, and (2) the Bayview Defendants are precluded from presenting at trial any documents produced on or after January 13, 2011, or any testimony relating to documents produced on or after January 13, 2011. Ordered by Judge Kiyo A. Matsumoto on 5/5/2011. (Iguina, Carmen)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Lodge v. United Homes, LLC et al
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?