Nassardeen-Buckley et al v. U.S. Bank et al
| Ishmail Nassardeen-Buckley and Lisa Nassardeen-Buckley |
| National Association as Trustee For Truman 2016 SC6 Title Trust, U.S. Bank, Rushmore Loan Management Services and U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust |
| 1:2018cv02249 |
| August 31, 2018 |
| US District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 46
MINUTE ORDER. In light of the parties' Notice of Settlement (ECF. #45 ), the Scheduling Conference set for 1/31/2019 is VACATED. The parties shall file their Dismissal Papers by 2/13/2019. SO ORDERED, by Magistrate Judge S. Kato Crews on 1/29/2019. Text Only Entry (skclc2, )
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| Filing 45 NOTICE of Settlement Joint by Defendants Rushmore Loan Management Services, U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust (Deere, Heather) |
| Filing 44 Proposed Scheduling Order Amended by Defendants Rushmore Loan Management Services, U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Deere, Heather) |
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Filing 43
ORDER: The Court reviewed the parties' Proposed Scheduling Order #42 . The proposed order is deficient in at least the following respects: (1) it is not double spaced as required by D.C.COLO.LCivR 10.1(e); (2) it omits an entire section (Section 6 re: Report of Preconference Discovery and Meeting under Fed. R. Civ. P. 26(f)); and, (3) it duplicates dates where the parties have apparently agreed upon one applicable date. Counsel for the parties are ORDERED to confer and submit an Amended Proposed Scheduling Order that corrects these deficiencies. The amended proposed order SHALL BE FILED no later than 1/29/19. The Scheduling Conference currently set for 1/29/19 10:30 AM is VACATED, and is RESET for 1/31/2019 10:00 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. SO ORDERED, by Magistrate Judge S. Kato Crews on 01/25/19. Text Only Entry (skc)
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| Filing 42 Proposed Scheduling Order by Defendants Rushmore Loan Management Services, U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Deere, Heather) |
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Filing 41
ORDER granting #39 Motion for Extension of Time to File Proposed Scheduling Order. For good cause shown, the motion is granted. The Proposed Joint Schedulding Order is due 1/24/2019. SO ORDERED, by Magistrate Judge S. Kato Crews on 1/23/2019. Text Only Entry (skclc2, )
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Filing 40
MEMORANDUM regarding #39 Unopposed MOTION for Extension of Time to File Proposed Joint Scheduling Conference Order filed by Ishmail Nassardeen-Buckley, Lisa Nassardeen-Buckley. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 1/22/2019. Text Only Entry (wjmsec, )
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| Filing 39 Unopposed MOTION for Extension of Time to File Proposed Joint Scheduling Conference Order by Plaintiffs Ishmail Nassardeen-Buckley, Lisa Nassardeen-Buckley. (Hill, Steven) |
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Filing 38
MINUTE ORDER Setting Rule 16(b) Scheduling Conference. Pursuant to District Judge Martinez's Order Denying Motion For Preliminary Injunction (ECF. #33 ), the parties contacted Chambers on 12/17/2018 to set a Rule 16(b) Scheduling Conference in this matter. The Scheduling Conference is set for 1/29/2019 at 10:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. The parties proposed scheduling order is due 1/22/2019 by (1) ECF Filing and (2) emailing a Word copy to Crews_Chambers@cod.uscourts.gov. SO ORDERED, by Magistrate Judge S. Kato Crews on 12/18/2018. Text Only Entry (skclc2, )
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Filing 37
ORDER granting in part and denying in part #35 Motion to Stay. The Court construes the Motion as a Motion to Stay proceedings pending mediation. The Motion is DENIED insofar as it seeks a stay in this case. To the extent the parties seek an extension of time to amend the complaint and respond to an amended complaint, the Motion is GRANTED for good cause shown. Accordingly, IT IS ORDERED that: (1) the case is not stayed; (2) Plaintiffs shall have until 1/22/2019 to file an Amended Complaint; and (3) Defendants shall have 21 days from the filing of an Amended Complaint to answer or otherwise respond. SO ORDERED, by Magistrate Judge S. Kato Crews on 12/17/2018. Text Only Entry (skclc2, )
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| Filing 36 MEMORANDUM regarding #35 MOTION to Stay Joint Motion to Hold Case in Abeyance filed by Ishmail Nassardeen-Buckley, Lisa Nassardeen-Buckley. Motions referred to Magistrate Judge S. Kato Crews By Judge William J. Martinez on 12/17/2018. Text Only Entry (wjmsec, ) |
| Filing 35 MOTION to Stay Joint Motion to Hold Case in Abeyance by Plaintiffs Ishmail Nassardeen-Buckley, Lisa Nassardeen-Buckley. (Hill, Steven) |
| Filing 34 NOTICE OFMEDIATION by Plaintiffs Ishmail Nassardeen-Buckley, Lisa Nassardeen-Buckley (Hill, Steven) |
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Filing 33
ORDER denying #10 Motion for Preliminary Injunction, by Judge William J. Martinez on 12/13/2018. (wjmlc1)
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| Filing 32 RESPONSE to #10 MOTION for Temporary Restraining Order filed by Defendants Rushmore Loan Management Services, U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Deere, Heather) |
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Filing 31
ORDER granting Corrected Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Preliminary Injunction Request #29 . Defendants are granted leave, for good cause shown, to file said Response on or before December 3, 2018. SO ORDERED by Judge William J. Martinez on 11/26/2018. Text Only Entry (wjmsec, )
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Filing 30
AMENDED Order Referring Case 17 Magistrate Judge Crews is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 11/26/2018. Text Only Entry (wjmsec, )
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| Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Temporary Restraining Order by Defendants Rushmore Loan Management Services, U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Deere, Heather) |
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Filing 28
ORDER denying Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Preliminary Injunction Request #27 . Defendants' Motion is DENIED without prejudice to refiling given Defendants' counsel's failure to serve a copy of the Motion on her clients, as required by D.C.COLO.LCivR 6.1(c). The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 11/20/2018. Text Only Entry (wjmsec, )
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Temporary Restraining Order by Defendants Rushmore Loan Management Services, U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Deere, Heather) |
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Filing 26
ORDER: Before the Court are the parties' various status reports ( #21 , #24 , #25 ). Based on these status reports, the Defendants' respective motions to dismiss ( #8 , #9 ) are DENIED AS MOOT. In light of the Douglas County court's injunction and the fact that all Defendants have appeared, the TRO portion of Plaintiff's Emergency Request for Temporary Restraining Order and Preliminary Injunction #10 is DENIED, but the preliminary injunction portion remains pending. Defendants shall respond to Plaintiff's request for a preliminary injunction on or before November 19, 2018. After receiving Defendants' response, the Court will determine whether a reply brief and/or a hearing is needed. SO ORDERED by Judge William J. Martinez on 11/06/2018. Text Only Entry (wjmlc1)
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| Filing 25 First STATUS REPORT by Defendant Rushmore Loan Management Services. (Attachments: #1 Exhibit)(Deere, Heather) |
| Filing 24 First STATUS REPORT by Defendant U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Attachments: #1 Exhibit)(Deere, Heather) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Rushmore Loan Management Services. (Attachments: #1 Envelope)(nmarb, ) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Lisa Nassardeen-Buckley, Ishmail Nassardeen-Buckley. U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust waiver sent on 10/24/2018, answer due 12/24/2018. (nmarb, ) (Additional attachment(s) added on 11/5/2018: #1 Envelope) (nmarb, ). |
| Filing 21 First STATUS REPORT by Plaintiffs Ishmail Nassardeen-Buckley, Lisa Nassardeen-Buckley. (Hill, Steven) |
| Filing 20 CERTIFICATE of Mailing re 19 Order to Lisa and Ishmail Nassardeen-Buckley, 830 Sapphire Drive, Castle Rock, CO 80108. (sphil, ) |
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Filing 19
ORDER: Before the Court is Plaintiff's Emergency Request for Temporary Restraining Order and Preliminary Injunction #10 , filed on October 16, 2018. The Court will not rule on this motion without first receiving a status report from both sides. Accordingly, Plaintiffs are ORDERED to file a status report on or before November 5, 2018, describing what has happened in the foreclosure proceedings (if anything) since October 17, 2018. Defendants, through Attorney Heather Deere, are also ORDERED to file a status report on or before November 5, 2018, addressing: (1) whether either of the motions at ECF Nos. #8 and #9 is moot in light of the waiver of service at ECF No. #16 ; (2) whether any other waiver-of-service request is outstanding or anticipated; (3) what actions Defendants have taken in the foreclosure proceedings (if any) since October 17, 2018; and (4) whether either Defendant is willing to voluntarily suspend foreclosure proceedings as the parties address their respective positions before the Court. SO ORDERED by Judge William J. Martinez on 10/29/2018. Text Only Entry (wjmlc1)
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Filing 18
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2017 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 10 /29/2018. Text Only Entry (wjmsec, )
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Filing 17
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 10/29/2018. Text Only Entry (wjmsec, )
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| Filing 16 WAIVER OF SERVICE Returned Executed by Lisa Nassardeen-Buckley, Ishmail Nassardeen-Buckley. Rushmore Loan Management Services waiver sent on 10/24/2018, answer due 12/24/2018. (sphil, ) |
| Filing 15 CERTIFICATE of Service by Mail by Clerk of Court re 14 Case Reassigned, #13 Memorandum Returning Case to Lisa Nassardeen-Buckley; 830 Sapphire Drive; Castle Rock, CO 80108 and Ishmail Nassardeen-Buckley; 830 Sapphire Drive; Castle Rock, CO 80108. Text Only Entry (rkeec) |
| Filing 14 CASE REASSIGNED pursuant to #13 Memorandum Returning Case. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-02249-WJM. (Text Only Entry) (rkeec) |
| Filing 13 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) |
| Filing 12 CASE REASSIGNED pursuant to 11 Minute Order. This case is randomly reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 18-cv-02249-WYD. (Text Only Entry) (nmarb, ) |
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Filing 11
MINUTE ORDER Pursuant to D.C.COLO.LCivR 40.1(c)(2)(a), a civil action in which a motion for injunctive relief is filed shall not be assigned directly to a Magistrate Judge. Accordingly, in light of #10 Plaintiff's Emergency Request for Temporary Restraining Order and Preliminary Injuction or Ex-Parte Temporary Restraining Order, the Clerk of Court is directed to reassign this case to a District Judge. SO ORDERED, by Magistrate Judge S. Kato Crews on 10/24/2018. Text Only Entry (skclc2, )
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| Filing 10 (MOTION) Plaintiff's Emergency Request for Temporary Restraining Order and Preliminary Injuction or Ex-Parte Temporary Restraining Order, by Plaintiff Lisa Nassardeen-Buckley. (Attachments: #1 Proposed Order (PDF Only))(nmarb, ) |
| Filing 9 MOTION to Dismiss Pursuant to Rule 12(b)(4) and (b)(5) by Defendant U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust. (Deere, Heather) |
| Filing 8 MOTION to Dismiss Pursuant to Rule 12(b)(4) and (b)(5) by Defendant Rushmore Loan Management Services. (Attachments: #1 Exhibit A)(Deere, Heather) |
| Filing 7 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Ishmail Nassardeen-Buckley, Lisa Nassardeen-Buckley All parties consent. (Attachments: #1 Envelope)(tsher, ) |
| Filing 6 SUMMONS Returned Executed Rushmore Loan Management Services served on 9/6/2018, answer due 9/27/2018. (jgonz, ) |
| Filing 5 SUMMONS Returned Executed by Lisa Nassardeen-Buckley, Ishmail Nassardeen-Buckley. U.S. Bank served on 8/31/2018, answer due 9/21/2018. (nmarb, ) |
| Filing 4 SUMMONS Returned Executed by Lisa Nassardeen-Buckley, Ishmail Nassardeen-Buckley. National Association as Trustee For Truman 2016 SC6 Title Trust served on 8/31/2018, answer due 9/21/2018. (nmarb, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Magistrate Judge consent forms mailed to plaintiffs in paper format. (rsams, ) |
| Filing 2 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (rsams, ) |
| Filing 1 Plaintiff's COMPLAINT for: Detrimental Reliance, Fraud in the Concealment, Fraud in the Inducement, Unconscionable Contracts, Breach of Contract, Breach of Fiduciary Duty, Quiet Title, Slander of Title against National Association as Trustee For Truman 2016 SC6 Title Trust, Rushmore Loan Management Services, U.S. Bank Filing Fee: 400.00 Receipt Number:COX086487, filed by Lisa Nassardeen-Buckley, Ishmail Nassardeen-Buckley. (Attachments: #1 Attachment)(rsams, ) |
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