Wehr et al v. U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12 et al
| John Greg Wehr and Lyn Wehr |
| J.P. Morgan Chase Bank NA, U.S. Bank National Association, Nationstar Mortgage LLC, BANK OF AMERICA, N.A., Countrywide Home Loans/Bank of America, N.A., J.P. Morgan and U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12 |
| 1:2018cv02691 |
| October 22, 2018 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| Raymond P Moore |
| Real Property: Foreclosure |
| 28:1332 |
| None |
Docket Report
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Filing 46
ORDER: This matter is before the Court on Plaintiffs' motion to "strike" #45 their Amended Complaint #43 . The Amended Complaint was filed on the same date in which the Court had granted Plaintiffs until January 3, 2019 in which to file an amended complaint 42 . Upon consideration of the motion, and being mindful that Plaintiffs appear pro se, the Court construes the motion as a request to withdraw the Amended Complaint and GRANTS the motion #45 . The Amended Complaint #43 is hereby withdrawn. Plaintiffs are reminded they must comply with all rules, including the Local Rules of this District and the Civil Practice Standards of Judge Raymond P. Moore. See ECF No. 28. Thus, unless an exception applies, Plaintiffs must confer with opposing counsel before filing a motion and certify they have conferred. D.C.COLO.LCivR 7.1. (The District's rules may be found at http://www.cod.uscourts.gov/Portals/0/Documents/LocalRules/2017_Final_Local_Rules.pdf.) Future requests for relief may be summarily denied in the absence of showing compliance with this rule. Any amended complaint must be received by the court on or before January 3, 2019. SO ORDERED by Judge Raymond P. Moore on 12/7/2018. (Text Only Entry ) (rmsec )
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Filing 44
ORDER : Scheduling Conference on 12/17/2018 is hereby VACATED and re-set for 2/4/2019 01:30 PM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties are pre-approved to appear via telephone. The parties are to coordinate among themselves before-hand so that all parties are on one line at the time the call is placed to the courtroom at (970) 241-8932, Extension 8235. The Court does not have the ability to conference multiple parties at the same time. By Magistrate Judge Gordon P. Gallagher on December 7, 2018. Text Only Entry (gpgsec, )
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| Filing 45 MOTION to Strike #43 Amended Complaint and Motion to Refile Amended Complaint by Plaintiffs John Greg Wehr, Lyn Wehr. (dkals, ) |
| Filing 43 WITHDRAWN AMENDED COMPLAINT against Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12, Bank of America, N.A., filed by John Greg Wehr, Lyn Wehr.(cthom, ) Modified on 12/7/2018 (rmsec, ). |
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Filing 42
ORDER: Upon consideration of Defendant JPMorgan Chase Bank, N.A.'s Unopposed Motion to Dismiss, and being otherwise fully advised, the Motion #41 is GRANTED. Plaintiffs' complaint against all Defendants is hereby dismissed without prejudice but Plaintiffs are granted leave to file an amended complaint. Plaintiffs' amended complaint must be filed on or before January 3, 2019. Plaintiffs are reminded that although they appear pro se, they must still comply with the applicable rules and case law. Thus, Plaintiffs' amended complaint "must explain what each defendant did to him or her; when the defendant did it; how the defendant's action harmed him or her; and, what specific legal right the plaintiff believes the defendant violated." Nasious v. Two Unknown B.I.C.E. Agents, at Arapahoe Cty. Justice Ctr., 492 F.3d 1158, 1163 (10th Cir. 2007). SO ORDERED by Judge Raymond P. Moore on 12/3/2018. (Text Only Entry ) (rmsec )
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| Filing 41 Unopposed MOTION to Dismiss for Failure to State a Claim by Defendant J.P. Morgan. (Tomassi, Ronald) |
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Filing 40
ORDER granting #38 Motion for Extension of Time to Answer or Otherwise Respond - Defendants shall have until 12/10/2018 to respond to the forthcoming amended complaint. by Magistrate Judge Gordon P. Gallagher on 11/19/2018. Text Only Entry (GPG)
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| Filing 39 MEMORANDUM regarding #38 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond filed by Countrywide Home Loans/Bank of America, N.A., Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12. Motion referred to Magistrate Judge Gordon P. Gallagher. Entered by Judge Raymond P. Moore on 11/19/2018. (Text Only Entry) (rmsec ) |
| Filing 38 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Countrywide Home Loans/Bank of America, N.A., Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12. (Aspinwall, William) |
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Filing 37
ORDER granting #35 Motion for Leave to Appear Telephonically. The parties shall contact the Court at 970-241-8932, Extension 18235 at the time of the hearing. The parties shall coordinate among themselves to all be on the same line at the time the call is placed to the Court. The Court does not have the ability to conference multiple parties so all parties are to be on the line at the time the Court is contacted. By Magistrate Judge Gordon P. Gallagher on November 14, 2018. Text Only Entry (gpgsec )
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| Filing 36 MEMORANDUM regarding #35 Unopposed MOTION for Leave to Appear Telephonically at December 17, 2018 filed by J.P. Morgan, Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12. Motion referred to Magistrate Judge Gordon P. Gallagher. Entered by Judge Raymond P. Moore on 11/14/2018. (Text Only Entry) (rmsec ) |
| Filing 35 Unopposed MOTION for Leave to Appear Telephonically at December 17, 2018 by Defendants J.P. Morgan, Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12. (Haywood, Taylor) |
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Filing 34
ORDER granting #32 Motion for Extension of Time to Answer or Otherwise Respond - Chase now has, through and including November 30, 2018, to file a responsive pleading and/or motion(s)directed to the Complaint. by Magistrate Judge Gordon P. Gallagher on 11/13/2018. Text Only Entry (GPG)
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| Filing 33 MEMORANDUM regarding #32 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #26 Complaint, filed by J.P. Morgan. Motion referred to Magistrate Judge Gordon P. Gallagher. Entered by Judge Raymond P. Moore on 11/7/2018. (rmsec ) |
| Filing 32 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #26 Complaint, by Defendant J.P. Morgan. (Attachments: #1 Proposed Order (PDF Only))(Tomassi, Ronald) |
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Filing 31
ORDER: The Scheduling Conference set for 11/29/2018 at 10:00 AM before Magistrate Judge Hegarty is hereby VACATED and re-set for 12/17/2018 01:30 PM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website. By Magistrate Judge Gordon P. Gallagher on November 5, 2018. Text Only Entry (gpgsec )
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Filing 30
ORDER REASSIGNING MAGISTRATE JUDGE Pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 18-cv-02691-RM-GPG. ORDERED by Judge Raymond P. Moore on 11/5/2018. (cthom, )
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Filing 29
MINUTE ORDER: This matter is before the Court sua sponte upon review of this matter in which Plaintiffs appear pro se. The Court strongly encourages Plaintiffs to contact the Federal Pro Se Clinic which provides free legal assistance to people representing themselves in the U.S. District Court for the District of Colorado. The Clinic cannot assist with criminal, bankruptcy, habeas, appeals, or any state cases. If Plaintiffs wish to avail themselves of this service, they may make an appointment by phone (303-380-8786) or online at www.cobar.org/cofederalproseclinic. The Clinic is located at: Alfred A. Arraj Courthouse (first floor), 901 19th Street, Denver, CO 80294. Walk-in appointments may also be available, but only on a space-available basis. SO ORDERED by Judge Raymond P. Moore on 11/5/2018. (Text Only Entry) (rmsec )
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Filing 28
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 11/2/2018. (Text Only Entry) (rmsec )
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Filing 27
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 11/2/2018. (Text Only Entry) (rmsec )
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| Filing 25 CASE REASSIGNED pursuant to #10 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 18-cv-02691-RM. (Text Only Entry) (tsher, ) |
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Filing 24
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 11/1/2018 re: #10 Consent to Jurisdiction of Magistrate Judge, filed by Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12. Parties do not consent. The Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). (tsher, )
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| Filing 23 NOTICE of Entry of Appearance by Lindsay Nicole Uhl on behalf of J.P. MorganAttorney Lindsay Nicole Uhl added to party J.P. Morgan(pty:dft) (Uhl, Lindsay) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent JPMorgan Chase & Co for J.P. Morgan. (Tomassi, Ronald) |
| Filing 21 NOTICE of Entry of Appearance by Ronald Joseph Tomassi, Jr on behalf of J.P. MorganAttorney Ronald Joseph Tomassi, Jr added to party J.P. Morgan(pty:dft) (Tomassi, Ronald) |
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Filing 20
MINUTE ORDER granting #19 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Michael E. Hegarty on 10/30/2018. Defendant Bank of America, N.A. shall answer or otherwise respond to Plaintiffs Complaint on or before 11/19/2018. (tsher, )
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| Filing 19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Countrywide Home Loans/Bank of America, N.A.. (Aspinwall, William) |
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Filing 18
MINUTE ORDER granting #17 Unopposed Motion for Extension to Respond to Complaint by Magistrate Judge Michael E. Hegarty on 10/29/2018. Text Only Entry. Copy sent to plaintiffs. (mdave, )
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| Filing 17 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendants Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12. (Attachments: #1 Proposed Order (PDF Only))(Haywood, Taylor) |
| Filing 16 NOTICE of State Court Docket by Defendant Countrywide Home Loans/Bank of America, N.A. (Elliott, Rebekah) |
| Filing 15 NOTICE of State Court Pleadings by Defendant Countrywide Home Loans/Bank of America, N.A. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Order Re Rule 121 Duty to Confer, #3 Exhibit Delay Reduction & E-Filing Order, #4 Exhibit Affidavit of Service, #5 Exhibit Affidavit of Service JP Morgan Chase Bank, NA, #6 Exhibit Affidavit of Service Nationstar Mortgage, LLC, #7 Exhibit Affidavit of Service U.S. Bank, National Association, #8 Exhibit Proof of Service Bank of America, N.A., #9 Exhibit Certificate of Service, #10 Exhibit Proof of Service Bank of America, #11 Exhibit Affidavit of Service JP Morgan Chase Bank, NA, #12 Exhibit Affidavit of Service Nationstar Mortgage, LLC, #13 Exhibit Affidavit of Service U.S. Bank, National Association, #14 Exhibit Affidavit of Service, #15 Exhibit Order Granting Unopposed Motion for Extension of Time, #16 Exhibit Order Granting Unopposed Motion for Extension of Time)(Elliott, Rebekah) |
| Filing 14 NOTICE of Entry of Appearance by Gregory J. Marshall on behalf of Countrywide Home Loans/Bank of America, N.A.Attorney Gregory J. Marshall added to party Countrywide Home Loans/Bank of America, N.A.(pty:dft) (Marshall, Gregory) |
| Filing 13 CORRECTIVE ENTRY re: #11 Minute Order. Utility Setting/Resetting Deadlines/Hearings: Text Only Entry Scheduling Conference set for 11/29/2018 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, ) |
| Filing 12 NOTICE of Entry of Appearance by William A. Aspinwall on behalf of Countrywide Home Loans/Bank of America, N.A.Attorney William A. Aspinwall added to party Countrywide Home Loans/Bank of America, N.A.(pty:dft) (Aspinwall, William) |
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Filing 11
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 10/23/2018. Consent Form due by 11/21/2018. Scheduling Conference set for 11/29/2018 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) Modified on 10/24/2018 to correct hearing date (mdave, ).
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| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Defendants Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12 All parties do not consent.. (Haywood, Taylor) |
| Filing 26 COMPLAINT filed in State Court against Countrywide Home Loans/Bank of America, N.A., J.P. Morgan, Nationstar Mortgage LLC, U.S. Bank, National Association Trustee of Harborview Mortgage Loan Trust 2005-12, Mortgage Loan Pass-Through Certificates Series 2005-12, filed by John Greg Wehr, Lyn Wehr.(cthom, ) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rroge, ) |
| Filing 8 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (rroge, ) |
| Filing 7 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (rroge, ) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. (Haywood, Taylor) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Nationstar Mortgage Holdings Inc., Corporate Parent Nationstar Sub1 LLC, Corporate Parent Nationstar Sub2 LLC, Corporate Parent Mr. Cooper Group Inc., Other Affiliate KKR Wand Investors Corporation for Nationstar Mortgage LLC. (Haywood, Taylor) |
| Filing 4 NOTICE of Entry of Appearance by Taylor T. Haywood on behalf of Nationstar Mortgage LLC, U.S. Bank National AssociationAttorney Taylor T. Haywood added to party Nationstar Mortgage LLC(pty:dft), Attorney Taylor T. Haywood added to party U.S. Bank National Association(pty:dft) (Haywood, Taylor) |
| Filing 3 NOTICE of Entry of Appearance by Justin Donald Balser on behalf of Nationstar Mortgage LLC, U.S. Bank National AssociationAttorney Justin Donald Balser added to party Nationstar Mortgage LLC(pty:dft), Attorney Justin Donald Balser added to party U.S. Bank National Association(pty:dft) (Balser, Justin) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Bank of America Corporation for BANK OF AMERICA, N.A.. (Elliott, Rebekah) |
| Filing 1 NOTICE OF REMOVAL by BANK OF AMERICA, N.A. from District Court, Eagle County, Case Number 2018CV00012. (Filing fee $ 400, Receipt Number 1082-6357005), filed by BANK OF AMERICA, N.A.. (Attachments: #1 Exhibit 1 through 28, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet)(Elliott, Rebekah) |
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