Cunningham v. Figure Lending LLC et al
| Jerry Joe Cunningham |
| Figure Lending LLC and First Republic Bank |
| 1:2023cv00061 |
| January 9, 2023 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Charlotte N Sweeney |
| Negotiable Instrument |
| 28 U.S.C. § 1441 bc - Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.
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Filing 32
Minute ORDER by Magistrate Judge Michael E. Hegarty on 8 March 2023. Before the Court is Plaintiff's Motion to Remand. ECF #20 . The Court will hear oralargument regarding the matter and any other matters on March 22, 2023 at 11:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, )
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| Filing 31 RESPONSE to #20 MOTION to Remand in Opposition filed by Defendant Figure Lending LLC. (Attachments: #1 Affidavit Declaration of Granados, #2 Exhibit Exhibit A - CA Statement of Info Figure Lending Corp, #3 Exhibit Exhibit B - First Republic Bank - CA Statement of Information)(Delaney, Daniel) |
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Filing 30
ORDER by Magistrate Judge Michael E. Hegarty on 14 February 2023. Accordingly, for the reasons stated above, the Court grants the Defendant's Unopposed Motion to Stay Discovery #26 and Unopposed Motion to Stay Rule 16(b) Scheduling Conference #27 . This matter is stayed pending further order of the Court and the February 21, 2023 scheduling conference is vacated. The Parties shall file a request to reset the Scheduling Conference within five business days of the Court's ruling on Defendant's Motion to Dismiss (or forthcoming Motion to Dismiss) and Plaintiffs Motion to Remand, if necessary.(cmadr, )
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Filing 29
Minute ORDER by Magistrate Judge Michael E. Hegarty on 14 February 2023. Plaintiff's Motion to Amend Plaintiff's Complaint #21 is denied without prejudice for failure to comply with D.C.Colo.LCivR 7.1(a).(cmadr, )
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| Filing 28 MEMORANDUM regarding #26 Unopposed MOTION to Stay Discovery and #27 Unopposed MOTION to Stay Scheduling Conference. Motions #26 and #27 are referred to Magistrate Judge Michael E. Hegarty, by Judge Charlotte N. Sweeney on 2/14/2023. Text Only Entry (cnssec. ) |
| Filing 27 Unopposed MOTION to Stay Scheduling Conference by Defendant Figure Lending LLC. (Delaney, Daniel) |
| Filing 26 Unopposed MOTION to Stay Discovery by Defendant Figure Lending LLC. (Delaney, Daniel) |
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Filing 25
ORDER: Re #24 Stipulation to Dismiss Defendant First Republic Bank Without Prejudice - the claims against First Republic are dismissed without prejudice; #14 Motion to Dismiss for Failure to State a Claim is denied as moot. by Judge Charlotte N. Sweeney on 2/6/23.(jdyne)
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| Filing 24 STIPULATION of Dismissal of Party First Republic Bank by Defendant First Republic Bank. (Attachments: #1 Proposed Order (PDF Only))(Haywood, Taylor) |
| Filing 23 MEMORANDUM regarding #20 MOTION to Remand and #21 MOTION to Amend/Correct/Modify. Motions #20 and #21 are referred to Magistrate Judge Michael E. Hegarty, by Judge Charlotte N. Sweeney on 2/2/2023. Text Only Entry (cnsse.) |
| Filing 22 CERTIFICATE of Service re #21 MOTION to Amend/Correct/Modify, #20 MOTION to Remand by Plaintiff Jerry Joe Cunningham. (sphil, ) |
| Filing 21 MOTION to Amend Plaintiff's Complaint by Plaintiff Jerry Joe Cunningham. (Attachments: #1 Proposed Amended Complaint)(sphil, ) |
| Filing 20 MOTION to Remand by Plaintiff Jerry Joe Cunningham. (sphil, ) |
| Filing 19 NOTICE of Entry of Appearance by Jasmine Jean-Louis on behalf of Figure Lending LLCAttorney Jasmine Jean-Louis added to party Figure Lending LLC(pty:dft) (Jean-Louis, Jasmine) |
| Filing 18 MEMORANDUM regarding #16 MOTION to Dismiss filed by Figure Lending LLC. Motion #16 is referred to Magistrate Judge Michael E. Hegarty, by Judge Charlotte N. Sweeney on 1/18/2023. Text Only Entry (cnssec. ) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Figure Technologies, Inc. for Figure Lending LLC. (Delaney, Daniel) |
| Filing 16 MOTION to Dismiss by Defendant Figure Lending LLC. (Delaney, Daniel) |
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Filing 15
ORDER REFERRING MOTION: #14 MOTION to Dismiss for Failure to State a Claim filed by First Republic Bank referred to Magistrate Judge Michael E. Hegarty by Judge Charlotte N. Sweeney on 1/13/23. Text Only Entry (jdyne)
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| Filing 14 MOTION to Dismiss for Failure to State a Claim by Defendant First Republic Bank. (Attachments: #1 Exhibit A - Open End Deed of Trust, #2 Exhibit B - Note Draft Bank Instrument)(Haywood, Taylor) |
| Filing 13 NOTICE of Entry of Appearance by Joseph M. Katz on behalf of Figure Lending LLCAttorney Joseph M. Katz added to party Figure Lending LLC(pty:dft) (Katz, Joseph) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT. (Haywood, Taylor) |
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Filing 11
Minute ORDER by Magistrate Judge Michael E. Hegarty on 10 January 2023. Defendant Figure Lending LLC's Motion to Restrict Access Pursuant to D.C.Colo.L.CivR 7.2 #2 is denied without prejudice for failure to comply with D.C.Colo.LCivR 7.1(a).(cmadr, )
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Filing 10
Minute ORDER by Magistrate Judge Michael E. Hegarty on 10 January 2023. Proposed Scheduling Order due 2/14/2023. Scheduling Conference set for 2/21/2023 10:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for all motions. 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. #2 Motion to Restrict Access Pursuant to D.C.COLO.L.CivR 7.2 referred to Magistrate Judge Michael E. Hegarty. by Judge Charlotte N. Sweeney on 1/10/23. Text Only Entry (jdyne)
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). Consent for mailed via USPS to Pro Se Litigant. (norlin, ) |
| Filing 7 NOTICE of Emtry of Appearance by Defendant First Republic Bank (Bruyns, Megan) |
| Filing 6 Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, ) |
| Filing 5 District Court COMPLAINT against Figure Lending LLC, First Republic Bank, filed by Jerry Joe Cunningham.(norlin, ) |
| Filing 4 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (norlin, ) |
| Filing 3 NOTICE of Entry of Appearance by Taylor T. Haywood on behalf of First Republic BankAttorney Taylor T. Haywood added to party First Republic Bank(pty:dft) (Haywood, Taylor) |
| Filing 2 MOTION for Leave to Restrict by Defendant Figure Lending LLC. (Delaney, Daniel) |
| Filing 1 NOTICE OF REMOVAL by Figure Lending LLC from Arapahoe County District Court, Case Number 2022cv300. (Filing fee $ 402, Receipt Number ACODC-8875032), filed by Figure Lending LLC. (Attachments: #1 Exhibit 1 Summons and Complaint 2022CV300, #2 Exhibit 2 Civil Case Cover Sheet, #3 Exhibit 3 Evidence Supporting Complaint, #4 Exhibit 4 Amended District Court Civil Summons, #5 Exhibit 5 Delay Reduction Order, #6 Exhibit 6 Initial Procedure Order, #7 Exhibit 7 Entry of Appearance, #8 Exhibit 8 Request for Admissions, #9 Exhibit 9 Exhibits filed under Protection, #10 Exhibit 10 Docket 22cv300, #11 Exhibit 11 First Republic Consent)(Delaney, Daniel) |
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