Graham v. Manley Deas Kochalski, LLC et al
Vevie Jennine Graham and Frederick M. Luper |
Manley Deas Kochalski, LLC, Kevin L. Williams, Washington Mutual Bank and Federal Deposit Insurance Corporation |
2:2008cv00120 |
February 7, 2008 |
US District Court for the Southern District of Ohio |
Other Statutory Actions Office |
FRANKLIN |
Terence P Kemp |
George C Smith |
Other Statutory Actions |
15 U.S.C. § 1692 Fair Debt Collection Act |
Defendant |
Docket Report
This docket was last retrieved on May 28, 2010. A more recent docket listing may be available from PACER.
Document Text |
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Filing 75 STIPULATION of Dismissal by Plaintiff Frederick M. Luper & Defendants Federal Deposit Insurance Corporation, Manley Deas Kochalski LLC, Kevin L Williams (Richards, Kenneth) Modified on 6/1/2010 to correct text & filers (kk2). |
Filing 74 ORDER granting #70 Motion for Settlement. Signed by Judge George C Smith on 4-19-10. (ga) |
Filing 73 ORDER granting #69 Motion to Substitute Party. Vevie Jennine Graham has been substituted by Frederick M. Luper as Bankruptcy Trustee. Signed by Magistrate Judge Terence P Kemp on 3/29/2010. (kjm) |
Filing 72 PROPOSED Agreed Order re #69 NOTICE of Substitution of Plaintiff by Defendants Manley Deas Kochalski LLC, Kevin Williams & Plaintiffs Vevie J. Graham, Federal Deposit Insurance Corporation. (Eckelberry, Rodger) Modified on 3/29/2010 to correct text & filers (kk2). |
Set/Reset Deadlines as to #69 NOTICE of Substitution of Plaintiff & #70 MOTION for Settlement - Responses due w/in fourteen (14) days (kk2) |
Filing 71 ORDER: The court will construe #69 Notice of Substitution of Plaintiff as a motion and will give the parties fourteen (14) days in which to oppose #69 and/or #70 MOTION for Settlement. Signed by Magistrate Judge Terence P Kemp on 3/23/2010. (kjm1) Modified on 3/24/2010 to fix typo (kk2). |
Filing 70 MOTION for Settlement by Plaintiff Frederick M. Luper. (Attachments: #1 Exhibit Bankruptcy Court Order Approving Settlement) (Richards, Kenneth) |
Filing 69 NOTICE of Substitution of Plaintiff by Plaintiff Frederick M. Luper (Attachments: #1 Exhibit Notice of Bankruptcy Filing) (Richards, Kenneth) Modified on 3/22/2010 to clarify text (kk2). |
Filing 68 NOTICE of Appearance by Rachel Kimberly Robinson for Plaintiff Vevie Jennine Graham (Robinson, Rachel) |
Filing 67 ORDER granting #65 Motion to Stay. Signed by Judge George C Smith on 7-27-09. (ga, ) Modified on 7/29/2009 to correct signature date (kk2). |
Filing 66 BRIEF of Points and Authorities in Support of #65 Unopposed MOTION to Stay Pending Exhaustion of Administrative Claims Process by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Declaration of Richard Sobiecki in Support of Motion to Stay, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Super, David) Modified on 7/9/2009 to clarify text (kk2). |
Filing 65 Unopposed MOTION to Stay Pending Exhaustion of Administrative Claims Process by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order) (Super, David) |
Filing 64 ORDER granting #61 , #62 and #63 Motions for Leave for Mary J Schmid, Richard P Sobiecki & David A Super to Appear Pro Hac Vice on behalf of Federal Deposit Insurance Corporation. Signed by Magistrate Judge Terence P Kemp on 6/26/2009. (kk2) |
Filing fee: $ 600, receipt number 8162 (phv for Super, Sobiecki & Schmid) (jr1) |
Filing 63 MOTION for Leave to Appear Pro Hac Vice of David A. Super by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Lee, Thomas) |
Filing 62 MOTION for Leave to Appear Pro Hac Vice of Richard P. Sobiecki by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Lee, Thomas) |
Filing 61 MOTION for Leave to Appear Pro Hac Vice of Mary J. Schmid by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Lee, Thomas) |
Filing 60 ORDER granting #59 Motion to Stay. Signed by Magistrate Judge Terence P Kemp on 4/6/2009. (kk2) |
Filing 59 MOTION to Stay all judicial actions or proceedings for 90 days by Defendant Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit A: FDIC Appointment as Washington Mutual Bank's Receiver) (Lee, Thomas) |
Filing 58 ORDER denying #15 Motion for Judgment on the Pleadings; dismissing #16 Motion to Strike. Signed by Judge George C Smith on 3-31-09. (ga, ) |
Motions No Longer Referred: #15 MOTION for Judgment on the Pleadings & #16 MOTION to Strike Class Allegations per TPK (kk2) |
Notice of Correction: Former docket # 55 (Response in Support of Motion) filed by Thomas Lee deleted & re-filed by Clerk as current docket #57 (Reply to Response to Motion) to correct ECF filing event. (kk2) |
Filing 57 REPLY to Response to #40 MOTION for Sanctions filed by Defendant Federal Deposit Insurance Corporation. (kk2) |
Filing 56 REPLY to Response to #37 MOTION for Protective Order and Expenses as to Dec. 8, 2008 Deposition filed by Plaintiff Vevie Jennine Graham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Goldstein, Judith) Modified on 2/17/2009 to clarify text (kk2). |
Filing 55 RESPONSE in Support re #40 MOTION for Sanctions filed by Defendant Federal Deposit Insurance Corporation. (Lee, Thomas) Modified on 2/17/2009 - doc deleted & re-filed as dkt #57 to correct filing event (kk2). |
Notice of Correction: Former docket # 53 (Response in Support of Motion) filed by Rodger Eckelberry deleted & re-filed by Clerk as current docket #54 (Reply to Response to Motion) to correct ECF filing event. (kk2) |
Filing 54 REPLY to Response to #32 MOTION for Sanctions filed by Defendants Manley Deas Kochalski, LLC & Kevin L. Williams. (Attachments: #1 Exhibit A - Declaration of Rodger Eckelberry, #2 Exhibit Tab 1 to Exhibit A - Smith Email, #3 Exhibit B - Franklin County Recorder Query) (kk2) |
Filing 53 RESPONSE in Support re #32 MOTION for Sanctions filed by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams. (Attachments: # 1 Exhibit A - Declaration of Rodger Eckelberry, # 2 Exhibit Tab 1 to Exhibit A - Smith Email, # 3 Exhibit B - Franklin County Recorder Query) (Eckelberry, Rodger) Modified on 2/12/2009 - doc deleted & re-filed as dkt #54 to correct filing event (kk2). |
Filing 52 ORDER granting #51 Motion to Substitute Party. Federal Deposit Insurance Corporation rep by Gregory J O'Brien, Benjamin J Parsons, Thomas James Lee added. Washington Mutual Bank terminated. Signed by Terence P Kemp on 2/11/2009. (pes) |
Filing 51 MOTION to Substitute Party by Defendant Washington Mutual Bank. (Attachments: #1 Exhibit A - Receiver documents) (Lee, Thomas) |
Notice of Correction re: #50 Notice of Appearance: Docket text corrected to read as follows - "NOTICE of Appearance by Kathaleen B Schulte for Plaintiff Vevie Jennine Graham" to correct attorney entering the appearance. (kk1) |
Filing 50 NOTICE of Appearance by Kathaleen B Schulte for Plaintiff Vevie Jennine Graham (Goldstein, Judith) Modified on 2/6/2009 to correct atty name (kk1). |
Filing 49 NOTICE of filing of corrected website address for the Franklin County Recorder's Office re #48 Response in Opposition to Motion by Plaintiff Vevie Jennine Graham (Goldstein, Judith) Modified on 2/3/2009 to clarify text (kk2). |
Filing 48 RESPONSE in Opposition re #40 MOTION for Sanctions & #32 MOTION for Sanctions filed by Plaintiff Vevie Jennine Graham. (Attachments: #1 Appendix Wilson v. Columbus Board of Education, #2 Appendix Stephens v. Freeman-McCown) (Goldstein, Judith) |
Filing 47 RESPONSE in Opposition re #37 MOTION for Protective Order and Expenses as to Dec. 8, 2008 Deposition filed by Defendant Washington Mutual Bank. (Attachments: #1 Exhibit O - Graham Declaration, #2 Exhibit P - Graham's deposition pages, #3 Exhibit I - January 5/3 Account Statement, #4 Exhibit J - InterFirst Note, #5 Exhibit K - Balloon Note, #6 Exhibit L - InterFirst HUD, #7 Exhibit M - Balloon Note HUD, #8 Exhibit Q - 1/16/06 Note, #9 Exhibit R - Fixed Adjustable Rate Rider, #10 Exhibit S - 5/4/06 Occupancy Certification) (Lee, Thomas) |
Filing 46 ORDER re #45 Stipulated Extension of Time: Plaintiff's response to the motion for sanctions is due 1/30/2009. Signed by Terence P Kemp on 1/27/2009. (pes1) |
Reset Deadlines as to #32 MOTION for Sanctions. Responses due by 1/30/2009 (pes1) |
Filing 45 NOTICE of Stipulated Extension of Time to File Response re #32 MOTION for Sanctions by Plaintiff Vevie Jennine Graham & Defendants Manley Deas Kochalski, LLC, Kevin L. Williams, Washington Mutual Bank (Goldstein, Judith) Modified on 1/26/2009 to correct docket # from 44 to 45 & to clarify text (kk2). |
Notice of Correction: Former docket # 42 (Response in Support of Motion) filed by Rodger Eckelberry deleted & re-filed by Clerk as current docket #44 (Reply to Response to Motion) to correct ECF filing event. Also, current docket numbers #44 (Reply to Response to Motion) & #45 (Notice - Other) renumbered to correct numerical filing sequence. (kk2) |
Filing 44 REPLY to Response to #15 MOTION for Judgment on the Pleadings filed by Defendants Manley Deas Kochalski, LLC & Kevin L. Williams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (kk2) Modified on 1/26/2009 to correct dkt number from 45 to 44 (kk2). |
Filing 43 RESPONSE in Support re #15 MOTION for Judgment on the Pleadings filed by Defendant Washington Mutual Bank. (Attachments: #1 Exhibit A - Deposition Transcript, #2 Exhibit B - HUD statement, #3 Exhibit C - 2005 HUD statement, #4 Exhibit D - Declaration, #5 Exhibit E - 2005 AR Note, #6 Exhibit F - 5/3 Statement, #7 Exhibit G - Palmetto HUD Statement, #8 Exhibit H - Colfax HUD Statement, #9 Exhibit I - Jan. 5/3 Statement, #10 Exhibit J - InterFirst Note, #11 Exhibit K - Balloon Note, #12 Exhibit L - InterFirst HUD Statement, #13 Exhibit M - Balloon Note HUD Statement, #14 Exhibit N - March 5/3 Statement) (Lee, Thomas) |
Filing 42 RESPONSE in Support re #15 MOTION for Judgment on the Pleadings filed by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Eckelberry, Rodger) Modified on 1/26/2009 - doc deleted & re-filed as dkt #44 to correct filing event (kk2). |
Filing 41 ORDER granting #38 Motion to Seal Exhibit 5 of #36 Response in Opposition to Motion. Signed by Terence P Kemp on 1/13/2009. (pes1) |
Notice of Correction: Docket text of #39 corrected to read as follows - "NOTICE of Filing Redacted Exhibit re #36 RESPONSE in Opposition re #15 MOTION for Judgment on the Pleadings by Plaintiff Vevie Jennine Graham" to clarify text & add document links. (kk2) |
Filing 40 MOTION for Sanctions by Defendant Washington Mutual Bank. (Lee, Thomas) |
Filing 39 NOTICE of Filing Redacted Exhibit re #36 RESPONSE in Opposition re #15 MOTION for Judgment on the Pleadings by Plaintiff Vevie Jennine Graham (Attachments: #1 Exhibit) (Goldstein, Judith) Modified on 1/12/2009 to clarify text & add document links (kk2). |
Filing 38 MOTION to Seal Exhibit by Plaintiff Vevie Jennine Graham. (Goldstein, Judith) Modified on 1/12/2009 to clarify text (kk2). |
Filing 37 MOTION for Protective Order and Expenses as to Dec. 8, 2008 Deposition by Plaintiff Vevie Jennine Graham. (Attachments: #1 Exhibit, #2 Exhibit) (Goldstein, Judith) |
Filing 36 RESPONSE in Opposition re #15 MOTION for Judgment on the Pleadings as to Jurisdictional Issue filed by Plaintiff Vevie Jennine Graham. (Attachments: #1 Appendix Broadnax v. Greene Credit Services, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13) (Smith, Gary) |
Filing 35 ORDER granting #33 Motion to Seal Document #32 MOTION for Sanctions. Signed by Terence P Kemp on 1/8/2009. (pes) |
Filing 34 NOTICE of Filing Redacted Exhibit A re #32 MOTION for Sanctions by Defendants Manley Deas Kochalski, LLC & Kevin L. Williams (Attachments: #1 Exhibit Graham Members First Credit Union Records) (Tucker, Robert) Modified on 1/8/2009 to clarify text (kk2). |
Filing 33 MOTION to Seal Document #32 MOTION for Sanctions Exhibit A by Defendants Manley Deas Kochalski, LLC & Kevin L. Williams. (Tucker, Robert) |
Filing 32 MOTION for Sanctions by Defendants Manley Deas Kochalski, LLC & Kevin L. Williams. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit Members First Credit Union Statement of Account) (Tucker, Robert) |
Filing 31 DEPOSITION of Vevie J. Graham taken on December 8, 2008 by Defendants Manley Deas Kochalski, LLC & Kevin L. Williams. (Attachments: #1 Exhibits 1-3, #2 Exhibits 4- 24, #3 Exhibits 25-34) (Tucker, Robert) |
Filing 30 NOTICE of Filing Deposition Transcript of Vevie J. Graham by Defendants Manley Deas Kochalski, LLC & Kevin L. Williams (Tucker, Robert) Modified on 1/8/2009 to clarify text (kk2). |
Filing 29 ORDER granting #28 Motion for Extension of Time to File Response re #15 MOTION for Judgment on the Pleadings. Responses due by 1/9/2009. Signed by Terence P Kemp on 12/30/08. (jr) |
Filing 28 MOTION for Extension of Time to File Response/Reply to #15 MOTION for Judgment on the Pleadings. New date requested 1/9/2009. by Plaintiff Vevie Jennine Graham. (Goldstein, Judith) Modified on 12/29/2008 to add docket link and clarify text. (pes). |
Filing 27 AGREED ORDER - Discovery on subject matter jurisdiction is extended for 45 days from the date of this Order. Plaintiff's response to Defendants' Motion for Judgment on the Pleadings must be filed within 14 days after the close of discovery. Signed by Terence P Kemp on 10/28/08. (jr) |
Filing 26 ORDER regarding status conference held 10/16/2008. Signed by Terence P Kemp on 10/20/2008. (pes) |
Status Conference held on 10/16/2008 before Magistrate Judge Terence P. Kemp. (jv) |
Filing 25 RESPONSE in Opposition re #22 MOTION to Compel and to Extend Discovery Period filed by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams. (Attachments: #1 Exhibit A - Plaintiff's First Request For Production of Documents to Defendants Kevin Williams and Manley Deas Kochalski, #2 Exhibit B - Defendants Manley Deas Kochalski and Kevin Williams' Responses and Objections to Plaintiff's First Request For Production of Documents) (Eckelberry, Rodger) |
Filing 24 RESPONSE in Opposition re #21 MOTION for Protective Order and Motion to Quash Subpoenas filed by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams. (Attachments: #1 Exhibit A. - Declaration of Vevie Graham, #2 Exhibit B - Answer, Counterclaim and Third Party Complaint, #3 Exhibit C. - Letter from Smith to Eckelberry, #4 Exhibit D - Franklin Auditor's Summary on Colfax Avenue, #5 Exhibit E - Franklin County Auditor's Transfer History for Colfax Ave., #6 Exhibit F - Settlement Agreement of January 2006 Loan on Colfax Property, #7 Exhibit G - Settlement Statement of March 2006 First Mortgage on Island Court Property, #8 Exhibit H - Settlement Statement of December 2005 Loan on Island Court Property, #9 Exhibit I - Settlement Statement of August 2005 Loan on Island Court Property, #10 Exhibit J - Graham Loan Application for August 2005 Loan on Island Court Property) (Eckelberry, Rodger) |
Filing 23 NOTICE: Status Conference set for 10/16/2008 @ 9:30am in chambers before Terence P Kemp - (wh1) |
Filing 22 MOTION to Compel and to Extend Discovery Period by Plaintiff Vevie Jennine Graham. (Attachments: #1 Exhibit, #2 Exhibit) (Goldstein, Judith) |
Filing 21 MOTION for Protective Order and Motion to Quash Subpoenas by Plaintiff Vevie Jennine Graham. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Errata Exhibit 6, #7 Exhibit Exhibit 7, #8 Appendix Unpublished Cases) (Goldstein, Judith) |
Filing 20 ORDER - discovery cutoff for discovery limited to matters relevant to subject matter jurisdiction due by 10/17/08. Response in Opposition to motion to dismiss due by 11/7/08. Reply due by 11/21/08. Signed by Terence P Kemp on 9/26/08. (jr) |
Set/Reset Deadlines as to #15 MOTION for Judgment on the Pleadings.( Responses due by 11/7/2008, Replies due by 11/21/2008.), Set/Reset Columbus PPTO Deadlines:( Discovery due by 10/17/2008.) (jr) |
Filing 19 Proposed Pretrial Order for Extension of Time for Discovery Cutoff by Plaintiff Vevie Jennine Graham, Defendants Manley Deas Kochalski, LLC, Kevin L. Williams, Washington Mutual Bank. (Goldstein, Judith) |
Filing 18 ORDER signed by Terence P Kemp on 7/22/2008 regarding the pretrial conference held on 7/17/2008; Pltf's memorandum in opposition to the motion to dismiss (#15 ) due by 10/8/2008; Defts' reply due by 10/22/2008 (pes) |
Reset Deadlines as to #15 MOTION for Judgment on the Pleadings. Responses due by 10/8/2008 Replies due by 10/22/2008. (pes) |
Filing 17 BRIEF re #16 MOTION to Strike Class Allegations by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams, Washington Mutual Bank. (Attachments: #1 Exhibit A - Deutsche v. Barton, #2 Exhibit B - Deutsche v. Hambrick) (Eckelberry, Rodger) |
Filing 16 MOTION to Strike Class Allegations by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams, Washington Mutual Bank. (Eckelberry, Rodger) |
Filing 15 MOTION for Judgment on the Pleadings by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams, Washington Mutual Bank. Responses due by 8/6/2008 (Attachments: #1 Exhibit A - Answer and Third Party Complaint, #2 Exhibit B - Note, #3 Exhibit C - Mortgage, #4 Exhibit D - Dismissal, #5 Exhibit E - Civil Case Filing/Complaint for Foreclosure) (Lee, Thomas) |
Filing 14 RULE 26(f) REPORT OF THE PARTIES by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams. (Eckelberry, Rodger) |
Filing 13 Corporate Disclosure Statement by Defendants Washington Mutual Bank, Washington Mutual Bank fsb, Washington Mutual Bank identifying Corporate Parent Washington Mutual, Inc., Other Affiliate Washington Mutual Bank fsb for Washington Mutual Bank.. (Lee, Thomas) Modified on 6/17/2008 to correct corporate parent(pes). |
Filing 12 ANSWER to #2 Complaint, by Defendant Washington Mutual Bank. (Attachments: #1 Exhibit A - Stipulation of Dismissal) (Lee, Thomas) |
Filing 11 NOTICE: Initial Conference set for 7/17/2008 @ 3:45pm in chambers before Terence P Kemp - (Attachments: #1 Important Notice-3, #2 Notice re discovery) (wh1) |
Filing 10 ANSWER to #2 Complaint, with Jury Demand Endorsed Hereon by Defendants Manley Deas Kochalski, LLC, Kevin L. Williams. (Eckelberry, Rodger) |
Reset Deadlines: Washington Mutual Bank answer due 6/16/2008. (pes) |
Filing 9 STIPULATION Extending Time to Move or Plead by Defendant Washington Mutual Bank. (Lee, Thomas) |
Filing 8 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice of Robert J Tucker. Signed by Terence P Kemp on 5/22/08. (jr) |
Filing fee: $ 200, receipt number 200COL003060 (phv for Tucker) (jr) |
Reset Deadlines: Manley Deas Kochalski, LLC answer due 6/6/2008. (pes) |
Filing 7 NOTICE by Defendant Manley Deas Kochalski, LLC re #2 Complaint, of Stipulated Extension to Move or Plead (Eckelberry, Rodger) |
Filing 6 NOTICE by Defendant Manley Deas Kochalski, LLC re #2 Complaint, of Stipulated Extension to Move or Plead (Eckelberry, Rodger) |
Filing 5 MOTION for Leave to Appear Pro Hac Vice of Robert J. Tucker (Filing fee $ 200) by Defendant Manley Deas Kochalski, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Eckelberry, Rodger) |
Filing 4 NOTICE of Appearance by Thomas James Lee Defendant Washington Mutual Bank (Lee, Thomas) |
Filing 3 Summons Issued as to Manley Deas Kochalski, LLC, Kevin L. Williams, Washington Mutual Bank. (jr) |
Filing 2 COMPLAINT filed by Vevie Jennine Graham against Manley Deas Kochalski, LLC, Kevin L. Williams, Washington Mutual Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (jr) |
Filing 1 Civil cover sheet (jr) |
Filing fee: $ 350, receipt number 1642 (jr) |
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