Durham v. MTC Financial Incorporated, et al
| Carl Durham |
| MTC Financial Incorporated, Trinity Financial Services LLC and MTC Financial Incorporated doing business as Trustee Corps on behalf of Trinity Financial Services LLC |
| 2:2019cv00238 |
| January 11, 2019 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on June 11, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Rule 16 Scheduling Conference set for 5/17/2019 at 04:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 3/4/2019. (MMO)
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Filing 37
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 3/4/2019. (MMO)
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| Filing 36 ANSWER to Complaint /Answer of Trinity Financial Services, LLC to First Amended Complaint by Trinity Financial Services LLC.(Nelson, Kevin) |
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Filing 35
SCHEDULING ORDER: Discovery due by 4/30/2019. Dispositive motions due by 5/30/2019. (See Order for details.) Signed by Judge Douglas L Rayes on 2/21/2019. (MMO)
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| Filing 34 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Status Conference held on 2/21/2019. After hearing from the parties, pursuant to stipulation of the parties, the TRO is extended until the case is resolved. Deadlines discussed. Scheduling Order to issue. APPEARANCES: Pro Se Plaintiff Carl Durham. Telephonic appearance by Kevin Nelson for Defendant. (Court Reporter Jennifer Pancratz.) Hearing held 1:37 PM to 1:48 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
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Filing 33
ORDER pursuant to #32 Stipulation to Dismiss Defendant MTC Financial Inc. dba Trustee Corps: Defendant MTC Financial Inc. dba Trustee Corps, only, is dismissed with prejudice. Signed by Judge Douglas L Rayes on 1/31/2019. (MMO)
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| Filing 32 STIPULATION of Dismissal Defendant MTC Financial Inc. dba Trustee Corps by MTC Financial Incorporated. (Attachments: #1 Text of Proposed Order)(Reynolds, Richard) |
| Filing 31 MEMORANDUM for Status Conference Hearing by Plaintiff Carl Durham. (MSA) |
| Filing 30 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Status Conference held on 1/29/2019. The Court denies Plaintiff's #20 Motion to Compel/Motion for Sanctions. Counsel for Defendant Trinity advises the Court that he met briefly with plaintiff prior to the hearing, and requests the TRO be extended and the status conference continued so the parties can meet and confer further to try to reach an agreement. Pursuant to stipulation, the TRO is extended to 3/1/19. Status Conference set for 2/21/2019 at 01:30 PM. Parties may appear telephonically. Trinity's oral motion for an extension to respond to the TRO and complaint is GRANTED. Trinity Financial Services LLC answer due 2/28/2019. APPEARANCES: Pro Se Plaintiff Carl Durham. Telephonic appearance by Richard Reynolds for Defendant MTC Financial Incorporated. Kevin Nelson for Defendant Trinity Financial Services LLC. (Court Reporter Jennifer Pancratz.) Hearing held 2:30 PM to 2:36 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
| Filing 29 NOTICE TO FILER OF DEFICIENCY re: #28 Notice of Appearance/Association of Counsel filed by Trinity Financial Services LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
| Filing 28 NOTICE of Appearance by Kevin Patrick Nelson on behalf of Trinity Financial Services LLC. (Nelson, Kevin) |
| Filing 27 NOTICE re: Proof of Service pursuant to #25 Order by Carl Durham. (MSA) |
| Filing 26 NOTICE re: of Posting Cash Bond pursuant to #21 Order by Carl Durham. (MSA) |
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Filing 25
ORDER: Status Conference set for 1/24/2019 at 4:00 PM is vacated and reset for 1/29/2019 at 02:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. All parties are reminded that the terms of the TRO (Doc. #21 ) remain in effect. Plaintiff is reminded that he must serve Trinity and file proof of service with the Court by no later than 1/24/2019. Signed by Judge Douglas L Rayes on 1/24/2019. (MMO)
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| Filing 24 NOTICE TO FILER OF DEFICIENCY re: #23 Response in Opposition to Motion filed by MTC Financial Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
| Filing 23 RESPONSE in Opposition re: #20 MOTION to Compel MOTION for Sanctions filed by MTC Financial Incorporated. (Reynolds, Richard) |
| Filing 22 AMENDED COMPLAINT (Second Amendment) against MTC Financial Incorporated, Trinity Financial Servcies LLC filed by Carl Durham. (LAD) (8 pages) |
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Filing 21
TEMPORARY RESTRAINING ORDER: Plaintiff's application for a TRO (Doc. 1-3) is GRANTED as follows: Defendants, their agents, and anyone acting in concert or at their direction are ENJOINED from conducting a trustee's sale of the properly located at 17251 N. 61st Avenue, Glendale, AZ 85308. By no later than January 24, 2019, Plaintiff shall post a cash bond in the amount of $200 with the Clerk of the Court. Status Conference set for 1/24/2019 at 04:00 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. (See Order for details.) Signed by Judge Douglas L Rayes on 1/18/2019. (MMO)
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| Filing 20 MOTION to Compel, MOTION for Sanctions by Carl Durham. (MSA) |
| Filing 19 AMENDED COMPLAINT against All Defendants filed by Carl Durham.(MSA) |
| Filing 18 NOTICE TO FILER OF DEFICIENCY re: #15 Brief - Reply filed by MTC Financial Incorporated, #16 Declaration filed by MTC Financial Incorporated. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
| Filing 17 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Temporary Restraining Order Hearing held on 1/15/2019. After hearing from the parties, the Court GRANTS the Temporary Restraining Order and enjoins the 1/16/2019 trustee's sale of the property located at 17251 N. 61st Ave., Glendale, AZ 85308 until further order of the Court. Formal Order to issue. Plaintiff shall file his 1st amended complaint no later than 1/16/2019, and service of defendant Trinity Financial shall be completed no later than 1/24/2019. Plaintiff shall post a bond in the amount of $200 no later than 1/24/2019. Status Conference set for 1/24/2019 at 04:00 PM to set a briefing schedule and deadlines. APPEARANCES: Pro Se Plaintiff Carl Durham. Telephonic appearance by Richard Reynolds for Defendant MTC Financial Incorporated. (Court Reporter Jennifer Pancratz.) Hearing held 2:00 PM to 2:16 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
| Filing 16 DECLARATION of Salina Padilla re: #15 Brief - Reply in Support of Opposition to Plaintiff's Application for Temporary Restraining Order by Defendant MTC Financial Incorporated. (Reynolds, Richard) |
| Filing 15 Response by MTC Financial Incorporated re #1 Notice of Removal ; Opposition to Plaintiff's Application for Temporary Restraining Order. (Reynolds, Richard) Modified on 1/16/2019 (MSA). |
| Filing 14 AMENDED DOCUMENT by MTC Financial Incorporated. Amendment to #10 Declaration of Salina Padilla in Support of Opposition to Plaintiff Carl Durham's Application for Temporary Restraining Order. (Reynolds, Richard) *Amended by Doc. #16 * |
| Filing 13 AMENDED DOCUMENT by MTC Financial Incorporated. Amendment to #9 Brief - Response Opposition to Plaintiff Carl Durham's Application for Temporary Restraining Order. (Reynolds, Richard) Modified on 1/16/2019 (MSA). *Amended by Doc. #15 * |
| Filing 12 AMENDED DOCUMENT by MTC Financial Incorporated. Amendment to #10 Declaration . (Reynolds, Richard) Modified on 1/16/2019 (MSA). *Amended by Doc. #16 * |
| Filing 11 AMENDED DOCUMENT by MTC Financial Incorporated. Amendment to #9 Brief - Response . (Reynolds, Richard) Modified on 1/16/2019 (MSA). *Amended by Doc. #15 * |
| Filing 10 DECLARATION of Salina Padilla re: #9 Brief - Response by Defendant MTC Financial Incorporated. (Reynolds, Richard) Modified on 1/16/2019 (MSA). *Amended by Doc. #16 * |
| Filing 9 RESPONSE BRIEF by MTC Financial Incorporated re #1 Notice of Removal , Plaintiff Carl Durham's Application for Temporary Restraining Order. (Reynolds, Richard) Modified on 1/16/2019 (MSA). *Amended by Doc. #15 * |
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Filing 8
AMENDED ORDER: IT IS ORDERED that the parties shall appear for a hearing on Plaintiff's application for a temporary restraining order ("TRO") (found on page 6 of the complaint) at 02:00 PM on 1/15/2019 in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Defendants may, if they so choose, file a written response to Plaintiff's application by no later than noon on 1/15/2019. Defendants' optional written response is limited to 5 pages. The Court is well aware of the legal standard for issuing a TRO, so if Defendants choose to file a written response, they are encouraged to use their 5 pages to address the facts and substance of the TRO request. If Defendants do not have local counsel, their California counsel may appear telephonically by calling the Court's judicial assistant, Mary Farmer, at 602-322-7530. Ordered by Judge Douglas L Rayes on 1/14/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 7
*AMENDED by Doc. 8* ORDER: IT IS ORDERED that the parties shall appear for a hearing on Plaintiff's application for a temporary restraining order ("TRO") (found on page 6 of the complaint) at 02:00 PM on 1/15/2019 in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Defendants may, if they so choose, file a written response to Plaintiff's application by no later than noon on 1/15/2019. Defendants' optional written response is limited to 5 pages. The Court is well aware of the legal standard for issuing a TRO, so if Defendants choose to file a written response, they are encouraged to use their 5 pages to address the facts and substance of the TRO request. Ordered by Judge Douglas L Rayes on 1/14/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) Modified on 1/14/2019 (MMO).
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| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by MTC Financial Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MFR) |
| Filing 5 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (MFR) |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MFR) |
| Filing 3 Filing fee paid, receipt number 0970-16404829. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-19-0238-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MFR) |
| Filing 2 Corporate Disclosure Statement by MTC Financial Incorporated. (Reynolds, Richard) (MFR) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2018-056507 (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-16404829 filed by MTC Financial Incorporated. (Reynolds, Richard) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Certificate of Service, #11 Certificate of Interested Parties)(MFR) |
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