McKinsey et al v. GMAC Mortgage LLC et al
| Deborah E. McKinsey and Michael R. McKinsey |
| Bank United, FSB, Wells Fargo Bank, NA, First Gunnison Title and Escrow, Inc., Public Trustee of Gunnison County, Colorado, Money Warehouse, Inc., Deutsche Bank National Trust Company Americas, Deutsche Bank National Trust Company and GMAC Mortgage, LLC |
| 1:2013cv00084 |
| January 15, 2013 |
| US District Court for the District of Colorado |
| Denver Office |
| Gunnison |
| Robert E Blackburn |
| Michael J Watanabe |
| Truth in Lending |
| 15 U.S.C. § 1601 |
| None |
Docket Report
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| Filing 87 MANDATE of USCA as to #86 USCA Order and Judgment, #76 Notice of Appeal, filed by Deborah E. McKinsey, Michael R. McKinsey: (USCA Case No. 13-1335) (alowe, ) |
| Filing 86 USCA ORDER AND JUDGMENT as to #76 Notice of Appeal, filed by Deborah E. McKinsey, Michael R. McKinsey : AFFIRMED. (USCA Case No. 13-1335) (This document is not the Mandate) (dbrow, ) |
Filing 85
ORDER of USCA as to #76 Notice of Appeal, filed by Deborah E. McKinsey, Michael R. McKinsey. Karen L. Brody is granted leave to withdraw as counsel for Appellees. Kenneth K. Skogg and Dana B. Baggs, of the same law firm, to be substituted as counsel for these Appellees. (USCA Case No. 13-1335) (dbrow, )
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| Filing 84 LETTER TO USCA and all counsel certifying the record is ready for preparation as to #76 Notice of Appeal, filed by Deborah E. McKinsey, Michael R. McKinsey. All transcripts ordered are now on file as of 9/25/2013. ( Appeal No. 13-1335) Text Only Entry (dbrow, ) |
| Filing 83 TRANSCRIPT of Motions Hearing held on April 9, 2013 before Magistrate Judge Watanabe. Pages: 1-93. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 12/27/2013. (Avery Woods Reporting, ) |
| Filing 82 REPORTER TRANSCRIPT ORDER FORM re: #76 Notice of Appeal, #81 Transcript Order Form filed by Avery Woods Reporting. Transcript ordered: Motions Hearing held 4/9/13. Transcript due by 10/9/2013. (nsteff) |
| Filing 81 TRANSCRIPT ORDER FORM by Plaintiff Deborah E. McKinsey. Transcript ordered for proceedings held on 4/9/13 re #76 Notice of Appeal. (nsteff) |
| Filing 80 LETTER re #76 Notice of Appeal, filed by Deborah E. McKinsey, Michael R. McKinsey. Briefing schedule set. (USCA Case No. 13-1335) (dbrow, ) |
| Filing 79 USCA Case Number 13-1335 for #76 Notice of Appeal, filed by Deborah E. McKinsey, Michael R. McKinsey. (dbrow, ) |
| Filing 77 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #76 Notice of Appeal, filed by Deborah E. McKinsey, Michael R. McKinsey to the U.S. Court of Appeals. (Pro Se, Fee paid,) (Attachments: #1 Docket Sheet, #2 Preliminary Record)(dbrow, ) |
| Filing 76 NOTICE OF APPEAL as to #56 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE #75 Order adopting 56 Recommendation of United States Magistrate Judge by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey (Fee paid, Receipt No. COX 057171). (dbrow, ) (Modified on 8/8/2013 to indicate payment information) (dbrow, ). |
| Filing 78 USCA Appeal Fees received $ 455, receipt number 57171; Full Payment re #76 Notice of Appeal, filed by Deborah E. McKinsey, Michael R. McKinsey. (mjfsl) |
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Filing 75
ORDER adopting #56 Recommendation of United States Magistrate Judge & denying #73 Motion for Injunctive Relief. Plaintiffs' Motion to Dismiss With Prejudice and Enter Default Judgement [sic] Against Defendants [#31 ] is DENIED. Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice By Court Order [#36 ] is DENIED. Motion To dismiss Plaintiffs' Amended Complaint [#26 ] is GRANTED. Claims asserted by the plaintiffs in the complaint [#11 ] are DISMISSED WITH PREJUDICE4 as to defendants, Deutsch Bank National Trust Company, and Wells Fargo Bank. As to defendant, GMAC Mortgage, LLC, claim one (lack of standing); claim six (quiet title), and claim seven (declaratory relief), as asserted by the plaintiffs in the complaint [#[ #11 ] are DISMISSED WITH PREJUDICE. As to defendant, GMAC Mortgage, LLC, claim ten (rescission), asasserted by the plaintiffs in the complaint [#11 ] is DISMISSED WITH PREJUDICE, except to the extent the plaintiffs seek in claim ten an award ofdamages against GMAC Mortgage, LLC, which claim is stayed. As to the claims against defendant, GMAC Mortgage, LLC, in which the plaintiffs seek monetary damages, as asserted by the plaintiffs in the complaint [#11 ] including claims two (fraud in the concealment), claim three (fraud in the inducement), claim four (intentional infliction of emotional distress), claimfive (slander of title), claim eight (violations of TILA), claim nine (violations of RESPA), and the part of claim ten in which the plaintiffs seek monetary damages, ruling on the recommendation [#56 ] and Ms. McKinsey's objections [#65 ] is STAYED because further action on these claims is prohibited by the automatic stay currently in effect as a result of the bankruptcy filing by defendant, GMAC Mortgage, LLC. Pending resolution of the GMAC Mortgage, LLC bankruptcy and under D.C.COLO.LCivR 41.2, this action is CLOSED ADMINISTRATIVELY. The reference of the Plaintiffs' Motion for a TRO/Preliminary Injunction and the Return of Plaintiffs' Personal and Real Property [#73 ] is WITHDRAWN. Plaintiffs' Motion for a TRO/Preliminary Injunction and the Return of Plaintiffs' Personal and Real Property [#73 ] is DENIED. By Judge Robert E. Blackburn on 7/9/2013. (klyon, )
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Filing 74
WITHDRAWN - MEMORANDUM regarding #73 MOTION for Temporary Restraining Order filed by Deborah E. McKinsey, Michael R. McKinsey. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 7/8/13. Text Only Entry (rebsec, ) Modified on 7/9/2013 to withdraw pursuant to Order dated 7/9/2013 (klyon, ).
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| Filing 73 MOTION for a Temporary Restraining Order/Preliminary Injunction and the Return of Plaintiff's Personal and Real Property by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (Attachments: #1 Exhibit Guide List, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit)(klyon, ) |
| Filing 72 REPLY to Response to Objection to #56 Report and Recommendations, filed by Plaintiff Deborah E. McKinsey. (jjhsl, ) |
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Filing 71
MINUTE ORDER denying without prejudice #69 Plaintiffs' Motion for Leave to File Second Amended Complaint. By Magistrate Judge Michael J. Watanabe on 5/28/2013. (klyon, )
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| Filing 70 MEMORANDUM regarding #69 MOTION for Leave to #11 Amended Complaint, filed by Deborah E. McKinsey, Michael R. McKinsey. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 5/23/13. Text Only Entry (rebsec, ) |
| Filing 69 Plaintiffs' MOTION for Leave to File Second #11 Amended Complaint by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
| Filing 68 RESPONSE to #65 Objection to Report and Recommendations, by Defendants Deutsche Bank National Trust Company, Deutsche Bank National Trust Company Americas, GMAC Mortgage, LLC, Wells Fargo Bank, NA. (Brody, Karen) |
| Filing 67 Plaintiffs' SUPPLEMENTAL to #65 Objections #56 Court Recommendation on (1) GMAC Defendnts' (sic) Motion to Dismiss Plaintiffs' Amended Complaint (Docket No. 26 ); (2) Plaintiffs' Motion to Dismiss With Prejudice and Enter Default Judgement (sic) Against Defendants (Docket No. 31 ); and (3) Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice By Court Order (Docket No. 36 ) by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
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Filing 66
MINUTE ORDER Typographical errors contained in #56 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE are corrected, by Magistrate Judge Michael J. Watanabe on 5/7/2013. (mjwcd)
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| Filing 65 Plaintiffs' OBJECTIONS to #56 Court Recommendation on (1) GMAC Defendnts' (sic) Motion to Dismiss Plaintiffs' Amended Complaint (Docket No. #26 ); (2) Plaintiffs' Motion to Dismiss With Prejudice and Enter Default Judgement (sic) Against Defendants (Docket No. #31 ); and (3) Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice By Court Order (Docket No. #36 ) filed by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
| Filing 64 AFFIDAVIT/RETURN of Service upon Mari Hammock, Authorized Agent of Philip E. Johnson, Registered Agent of Castle Stawiarski, LLC. on 10/4/2012, filed by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
| Filing 63 Summons Returned Unexecuted by Deborah E. McKinsey, Michael R. McKinsey as to Money Warehouse, Inc.. (klyon, ) |
| Filing 62 AFFIDAVIT/RETURN of Service upon Nakeeta Duncan, Legal Department Administrator, Bank United, FSB on 10/5/2012, filed by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
| Filing 61 AFFIDAVIT/RETURN of Service upon Denise Spence, Authorized Agent of Bank United FSB on 10/9/2012, filed by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
| Filing 60 AFFIDAVIT/RETURN of Service upon Bank United, FSB on 10/5/2012, filed by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
| Filing 59 NOTIFICATION of Service (3) by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
| Filing 58 NOTIFICATION of Service by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
| Filing 57 NOTICE of Service (2) by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (klyon, ) |
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Filing 56
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that #31 Motion to Dismiss With Prejudice and Enter Default Judgement [sic] Against Defendants be denied, that #36 Motion to Voluntarily Dismiss Without Prejudice By Court Order be denied with respect to the GMAC defendants and granted with respect to all other defendants, and that #26 Motion to Dismiss Plaintiffs' Amended Complaint be granted as recommended. By Magistrate Judge Michael J. Watanabe on 4/23/2013. (klyon, )
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| Filing 55 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Show Cause Hearing held on 4/18/2013. Order to Show Cause #46 is deemed satisfied as to Bank United FSB and is discharged. The Court will address Defendant All Unknown Persons who Claim any Interest in the Subject Matter of this Action in a written order. Order to Show Cause #47 is seemed satisfied and is discharged. Court Reporter: FTR - Ellen E. Miller. (mjwcd) |
| Filing 54 MINUTE ENTRY for proceedings held before Magistrate Judge Michael J. Watanabe: Settlement Conference held on 4/17/2013. No settlement was reached. (mjwcd) Modified on 4/18/2013. MINUTE ENTRY DOCKETED IN INCORRECT CASE. (klyon, ). |
| Filing 53 Plaintiff's Answer/RESPONSE Court's ORDER TO SHOW CAUSE #47 by Plaintiffs Deborah E. McKinsey and Michael R. McKinsey. (klyon, ) |
| Filing 52 Plaintiff's Answer/RESPONSE TO Court's ORDER TO SHOW CAUSE #46 by Plaintiffs Deborah E. McKinsey and Michael R. McKinsey. (klyon, ) |
| Filing 51 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 4/9/2013.Taking under advisement #26 Motion to Dismiss Plaintiffs' Amended Complaint.Taking under advisement #31 Plaintiffs' Motion to Dismiss with Prejudice and Enter Default Judgement Against Defendants. Taking under advisement #36 Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice by Court Order.Court Reporter: FTR - Ellen E. Miller. (mjwcd) |
| Filing 50 Exhibit List Initial Fed.R.Civ.P.26(a)(1) Disclosures by Defendant Public Trustee of Gunnison County, Colorado. (Trezise, Arthur) |
| Filing 49 REPLY to Response to #31 MOTION for Default Judgment as to MOTION to Dismiss filed by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (kfinn, ) |
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Filing 47
ORDER TO SHOW CAUSE: returnable by Plaintiffs to show cause why this case should not be dismissed pursuant to Fed. R. Civ. P. 16(f) and/or 41(b) and D.C.COLO.LCivR 41.1 and why other sanctions should not be imposed, including imposition of the defendants' attorney fees and costs and a finding and order of contempt. Show Cause Hearing set for 4/18/2013 02:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Plaintiffs shall appear in person. By Magistrate Judge Michael J. Watanabe on 3/25/2013. (mjwcd)
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Filing 46
ORDER TO SHOW CAUSE: Returnable by Plaintiffs to show cause why this case should not be dismissed as to Defendant Bank United, FSB and Defendant All Unknown Persons who Claim any Interest in the Subject Matter of this Action pursuant to Fed. R. Civ. P. 4(m) for failure to serve and failure to prosecute. Show Cause Hearing set for 4/18/2013 02:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Plaintiffs shall appear in person. By Magistrate Judge Michael J. Watanabe on 3/25/2013. (mjwcd)
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| Filing 48 REPLY to Response to #36 MOTION to Voluntarily Dismiss Without Prejudice by Court Order filed by Plaintiff Deborah E. McKinsey. (dkals, ) |
| Filing 43 MEMORANDUM regarding #36 MOTION to Dismiss filed by Deborah E. McKinsey, Michael R. McKinsey. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 3/22/13. Text Only Entry (rebsec, ) |
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Filing 45
SCHEDULING ORDER: Entered by Magistrate Judge Michael J. Watanabe on 3/21/2013. (mjwcd)
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| Filing 44 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 3/21/2013. Discovery due by 8/23/2013. Dispositive Motions due by 9/27/2013. Motion Hearing set for 4/9/2013 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Oral argument will be heard as to #26 Motion to Dismiss Plaintiffs' Amended Complaint, #31 Plaintiffs' Motion to Dismiss with Prejudice and Enter Default JudgementAgainst Defendants, and #36 Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice by Court. Order Show Cause Hearing set for 4/18/2013 02:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. (mjwcd) |
| Filing 42 CERTIFICATE of Mailing/Service re #39 Response to Motion,, #40 Response to Motion,, by Defendants Deutsche Bank National Trust Company, GMAC Mortgage, LLC, Wells Fargo Bank, NA. (Brody, Karen) |
| Filing 41 Proposed Scheduling Order by Defendants Deutsche Bank National Trust Company, GMAC Mortgage, LLC, Public Trustee of Gunnison County, Colorado, Wells Fargo Bank, NA, Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (Brody, Karen) |
| Filing 40 RESPONSE to #31 MOTION for Default Judgment as to MOTION to Dismiss filed by Defendants Deutsche Bank National Trust Company, Deutsche Bank National Trust Company Americas, GMAC Mortgage, LLC, Wells Fargo Bank, NA. (Attachments: #1 Exhibit Exhibit A to Motion to Dismiss re: Default Judgment, #2 Exhibit Exhibit B to Motion to Dismiss re: Default Judgment, #3 Exhibit Exhibit C to Motion to Dismiss re: Default Judgment, #4 Exhibit Exhibit D to Motion to Dismiss re: Default Judgment)(Brody, Karen) |
| Filing 39 RESPONSE to #36 MOTION to Dismiss filed by Defendants Deutsche Bank National Trust Company, Deutsche Bank National Trust Company Americas, GMAC Mortgage, LLC, Wells Fargo Bank, NA. (Attachments: #1 Exhibit Exhibit A to Plaintiffs' Motion to Voluntarily Dismiss, #2 Exhibit Exhibit B to Plaintiffs' Motion to Voluntarily Dismiss, #3 Exhibit Exhibit C to Plaintiffs' Motion to Voluntarily Dismiss, #4 Exhibit Exhibit D to Plaintiffs' Motion to Voluntarily Dismiss)(Brody, Karen) |
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Filing 37
MINUTE ORDER. On or before March 8, 2013, defendants shall file a response to Plaintiffs' Motion To Voluntarily Dismiss Without Prejudice Court Order #36 . By Judge Robert E. Blackburn on 2/26/13. (kfinn, )
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| Filing 36 MOTION to Voluntarily Dismiss Without Prejudice by Court Order by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (kfinn, ) |
| Filing 38 Utility Setting/Resetting Deadlines/Hearings: Text Only Entry. Per #35 Minute Order. Scheduling Conference is Vacated and RESET for 3/21/2013 03:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Proposed Scheduling Order shall be filed on or before 3/14/13. (kfinn, ) |
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Filing 35
MINUTE ORDER granting #33 plaintiffs' Motion to Reschedule SchedulingConference. Scheduling Conference 2/27/2013 11:00 AM is vacated. Scheduling Conference reset for 3/21/2013 03:00 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 2/22/2013.(mjwcd)
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| Filing 34 MEMORANDUM regarding #33 MOTION for Hearing/Conference filed by Deborah E. McKinsey, Michael R. McKinsey. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 2/22/13. Text Only Entry (rebsec, ) |
| Filing 33 MOTION to Reschedule Scheduling Conference by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (kfinn, ) |
| Filing 32 MEMORANDUM regarding #31 MOTION for Default Judgment as to MOTION to Dismiss filed by Deborah E. McKinsey, Michael R. McKinsey. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 2/21/13. Text Only Entry (rebsec, ) |
| Filing 31 MOTION to Dismiss with Prejudice and Enter Default Judgment against Defendants by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (kfinn, ) |
| Filing 30 CERTIFICATE of Mailing/Service by Clerk re #29 Order on Motion to Withdraw as Attorney to pro se plaintiffs. (kfinn, ) |
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Filing 29
MINUTE ORDER granting #23 Motion to Withdraw as Attorney. Attorney Armin Kramer Sarabi terminated. By Magistrate Judge Michael J. Watanabe on 2/20/13. (kfinn, )
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Filing 28
ORDER REFERRING MOTION(S): #26 MOTION to Dismiss for Failure to State a Claim filed by GMAC Mortgage, LLC, Wells Fargo Bank, NA, Deutsche Bank National Trust Company.Pursuant to 28 U.S.C. 636(b)(1)(A),Defendants GMAC Mortgage, Deutsche Bank National Trust Company and Wells Fargo Banks Motion To Dismiss Plaintiffs Amended Complaint [#26] filed January 30, 2013, is REFERRED for recommendation to the Michael J. Watanabe United States Magistrate Judge for the District of Colorado. This special order of reference modifies the general Order Referring Case [#3] entered January 16, 2013. Entered by Judge Robert E. Blackburn on 1/31/13. (Text Only Entry) (rebsec, ) (Entered: 01/31/2013)
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| Filing 27 CERTIFICATE of Mailing/Service re #25 Minute Order, #23 Unopposed MOTION to Withdraw as Attorney of Record by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (Sarabi, Armin) |
| Filing 26 MOTION to Dismiss for Failure to State a Claim by Defendants Deutsche Bank National Trust Company, GMAC Mortgage, LLC, Wells Fargo Bank, NA. (Attachments: #1 Exhibit Exhibit A to Motion to Dismiss -- Note, #2 Exhibit Exhibit B to Motion to Dismiss -- Deed of Trust)(Brody, Karen) |
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Filing 25
MINUTE ORDER. On or before 2/15/2013, the plaintiffs shall file with the court any response to their attorney's Unopposed Motion for Withdrawal as Attorney of Record #23 . Plaintiffs' counsel shall forthwith send a copy of the motion and this Minute Order to the plaintiffs and file a certificate of service with the court. By Magistrate Judge Michael J. Watanabe on 1/25/13. (kfinn, )
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| Filing 24 MEMORANDUM regarding #23 Unopposed MOTION to Withdraw as Attorney of Record filed by Deborah E. McKinsey, Michael R. McKinsey. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 1/24/13. Text Only Entry (rebsec, ) |
| Filing 23 Unopposed MOTION to Withdraw as Attorney of Record by Plaintiffs Deborah E. McKinsey, Michael R. McKinsey. (Sarabi, Armin) |
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Filing 22
MINUTE ORDER granting #18 Motion for Extension of Time to Answer or Otherwise Respond. GMAc Mortgage, LLC, Deutsche Bank National Trust Company, and Wells Fargo Bank shall have up to and including 1/30/2013 to answer or otherwise respond to the #11 Amended Complaint. By Magistrate Judge Michael J. Watanabe on 1/17/2013. (kfinn, )
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| Filing 20 CERTIFICATE of Mailing/Service re #13 Magistrate Judge Consent Form by Defendants Deutsche Bank National Trust Company Americas, GMAC Mortgage, LLC, Wells Fargo Bank, NA. (Brody, Karen) |
| Filing 19 MEMORANDUM regarding #18 MOTION for Extension of Time to File Answer or Otherwise Respond re #11 Amended Complaint, filed by GMAC Mortgage, LLC, Wells Fargo Bank, NA, Deutsche Bank National Trust Company. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 1/16/13. Text Only Entry (rebsec, ) |
| Filing 18 MOTION for Extension of Time to File Answer or Otherwise Respond re #11 Amended Complaint, by Defendants Deutsche Bank National Trust Company, GMAC Mortgage, LLC, Wells Fargo Bank, NA. (Brody, Karen) |
| Filing 17 NOTICE of Bankruptcy and Suggestion of Automatic Stay by Defendant GMAC Mortgage, LLC (Attachments: #1 Exhibit Exhibit A to Notice of Bankruptcy)(Brody, Karen) |
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Filing 16
ORDER Scheduling Conference set for 2/27/2013 11:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 1/16/2013. (mjwcd)
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| Filing 15 NOTICE of Corporate Disclosure Statement by Defendants Deutsche Bank National Trust Company, GMAC Mortgage, LLC, Wells Fargo Bank, NA (Brody, Karen) |
| Filing 14 NOTICE re #1 Notice of Removal,,,,, File & ServeXpress Docket Gunnison County District Court Case 2012CV166 by Defendants Deutsche Bank National Trust Company, GMAC Mortgage, LLC, Wells Fargo Bank, NA (Brody, Karen) |
| Filing 13 Magistrate Judge Consent Form issued. (dbera, ) |
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe for all matters. That pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling Order and resolve discovery matters; provided, further that at the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 1/16/13. Text Only Entry (rebsec, ) (Entered: 01/16/2013)
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| Filing 21 ANSWER to #4 Complaint, by Public Trustee of Gunnison County, Colorado.(agarc, ) |
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Filing 12
ORDER Granting Motion for Leave to File Amended Complaint re: #11 Amended Complaint, filed by Deborah E. McKinsey, Michael R. McKinsey by J. Steven Patrick, on 12/26/2012. (dbera, )
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| Filing 11 AMENDED COMPLAINT for Lack of Standing to Foreclosure; Fraud in the Concealment; Fraud in the Inducement; Intentional Infliction of Emotional Distress; Rule 105 Quiet Title Action; Slander of Title; Declaratory Relief; Violations of TILA; Violations of RESPA; Recission; and Other Claims of Relief against Deutsche Bank National Trust Company, GMAC Mortgage, LLC, Public Trustee of Gunnison County, Colorado, Wells Fargo Bank, NA, filed by Michael R. McKinsey, Deborah E. McKinsey.(dbera, ) |
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Filing 10
ORDER Following Status Conference of November 13, 2012 by J. Steven Patrick, District Court Judge on 11/19/2012. (dbera, )
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Filing 9
ORDER Re: Defendant First Gunnison Title & Escrow, Inc.'s Unopposed Motion to Dismiss. by J. Steven Patrick, District Court Judge on 11/08/2012. (dbera, )
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Filing 8
ORDER Re: Defendant First Gunnison Title & Escrow Inc.'s Un-Opposed Motion for Enlargement of Time in Which to File Answer. by J. Steven Patrick, District Court Judge on 10/25/2012. (dbera, )
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Filing 7
ORDER on Status Conference of October 10, 2012 by J. Steven Patrick, District Judge on 10/10/2012. (dbera, )
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Filing 6
ORDER Vacating Hearing and Setting Status Conference by NONE on 09/24/2012. (dbera, )
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Filing 5
ORDER by Charles R. Greenacre, District Court Judge on 09/12/2012. (dbera, )
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| Filing 4 COMPLAINT Under Rule 105, Motion for Expedited Preliminary Injunction, Motion for Temporary Restraining Order, and Other Claims of Relief against Bank United, FSB, Deutsche Bank National Trust Company, Deutsche Bank National Trust Company Americas, GMAC Mortgage, LLC, Money Warehouse, Inc., Public Trustee of Gunnison County, Colorado, Wells Fargo Bank, NA, filed by Michael R. McKinsey, Deborah E. McKinsey.(dbera, ) |
| Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael J. Watanabe. Text Only Entry (dbera, ) |
| Filing 1 NOTICE OF REMOVAL by GMAC Mortgage LLC, Wells Fargo Bank N.A., Deutsche Bank National Trust Company from Gunnison County District Court, Colorado, Case Number 12CV166. (Filing fee $ 350, Receipt Number 1082-3187385), filed by GMAC Mortgage LLC, Wells Fargo Bank N.A., Deutsche Bank National Trust. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet, #3 Exhibit Exhibit A to Notice of Removal, #4 Exhibit Exhibit B-1 to Notice of Removal, #5 Exhibit Exhibit B-2 to Notice of Removal, #6 Exhibit Exhibit B-3 to Notice of Removal, #7 Exhibit Exhhibit B-4 to Notice of Removal, #8 Exhibit Exhibit B-5 to Notice Removal, #9 Exhibit Exhibit B-6 to Notice of Removal, #10 Exhibit Exhibit B-7 to Notice of Removal, #11 Exhibit Exhibit B-8 to Notice of Removal, #12 Exhibit Exhibit B-9 to Notice of Removal, #13 Exhibit Exhibit B-10 to Notice of Removal, #14 Exhibit Exhibit B-11 to Notice of Removal, #15 Exhibit Exhibit B-12 to Notice of Removal, #16 Exhibit Exhibit B-13 to Notice of Removal, #17 Exhibit Exhibit B-14 to Notice of Removal, #18 Exhibit Exhibit B-15 to Notice of Removal, #19 Exhibit Exhibit B-16 to Notice of Removal, #20 Exhibit Exhibit B-17 to Notice of Removal, #21 Exhibit Exhibit B-18 to Notice of Removal, #22 Exhibit Exhibit B-19 to Notice of Removal, #23 Exhibit Exhibit B-20 to Notice of Removal)(Brody, Karen) |
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