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
This docket was last retrieved on September 10, 2014. A more recent docket listing may be available from PACER.
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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, ) |
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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 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 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 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 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 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 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 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 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 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 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 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 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 21 ANSWER to #4 Complaint, by Public Trustee of Gunnison County, Colorado.(agarc, ) |
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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 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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