Impac Funding Corporation v. Amica Mutual Insurance Company et al
| Impac Funding Corporation |
| Amica Mutual Insurance Company and Branch Banking & Trust Company |
| 1:2012cv00873 |
| March 14, 2012 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| XX US, Outside State |
| Richard W Story |
| Banks and Banking |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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| Civil Case Terminated. (cem) |
| Clerk's Entry of Dismissal APPROVING #51 Stipulation of Dismissal with prejudice pursuant to Fed.R.Civ.P.41(a)(1)(ii). (cem) |
| Clerks Certificate of Mailing as to aura Danielle Johnson re Clerks Entry of Dismissal. (cem) |
| Filing 51 STIPULATION of Dismissal by Amica Mutual Insurance Company. (Merritt, James) |
| Submission of #50 Order directing the parties to update the status of discovery and settlement discussion, submitted to District Judge Richard W. Story. (cem) |
Filing 50
ORDER: On May 14, 2015, the parties filed a Joint Status Report #49 describing the present status of discovery in the case. The Court has reviewed the Report, and ORDERS the Parties to update the status of discovery and settlement discussions not later that 30 days after entry of this Order. Signed by Judge Richard W. Story on 5/18/2015. (cem)
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| Submission of #48 Order directing the parties to submit a status report, submitted to District Judge Richard W. Story. (cem) |
| Clerks Certificate of Mailing as to Laura Danielle Johnson re #50 Order. (cem) |
| Filing 49 STATUS REPORT Joint Status Report by Impac Funding Corporation. (Byrnside, Ian) |
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Filing 48
ORDER: In response to the Court's April 2, 2015 Order #46 , the parties filed a Joint Status Report #47 on April 13, 2015. In light of the representations made in the Joint Status Report, the parties are directed to proceed with discovery and negotiations as outlined in the report. Counsel may request, at any time, referral of the case to a magistrate judge for mediation. Unless the case is settled, the parties shall submit an additional joint status report to the Court in thirty (30) days to update the status of the case. Signed by Judge Richard W. Story on 4/14/2015. (cem)
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| Clerks Certificate of Mailing as to Laura Danielle Johnson re #48 Order. (cem) |
| Filing 47 STATUS REPORT Joint Status Report by Impac Funding Corporation. (Byrnside, Ian) |
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Filing 46
ORDER: On October 2, 2014, the Court entered a Consent Order #45 allowing certain depositions to be taken outside of the discovery period in this case. The parties were ordered to promptly inform the Court when the last deposition taken pursuant to the Consent Order was completed. Motions for summary judgment were due within sixty (60) days from the date the last deposition was completed. The parties are hereby ORDERED to file within ten (10) days of the entry of this Order a status report regarding the taking of the depositions and any anticipated motions for summary judgment. Signed by Judge Richard W. Story on 4/2/2015. (cem)
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| Clerks Certificate of Mailing as to Laura Danielle Johnson re #46 Order. (cem) |
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Filing 45
ORDER granting the parties' #44 Stipulation and Joint Motion to allow Plaintiff to take certain depositions outside of the discovery period and to extend the deadline for filing motions for summary judgment. It is hereby FURTHER ORDERED that Plaintiff Impac Funding Corporation,as Master Servicer for Impac CMB Trust Series 2005-4, shall be permitted to take the 30(b)(6) deposition of Defendant Amica Mutual Insurance Company and the depositions of Paul Bruno, Lucia Bettencourt, and Alan Quarles outside of the discovery period in this case, which is set to expire on September 30, 2014. The discovery period shall not otherwise be extended in any other respect and no other discovery shall be permitted outside of the discovery period without further order of the Court. It is hereby FURTHER ORDERED that the deadline for filing motions for summary judgment shall be extended and that motions for summary judgment, if any, shall be filed within sixty (60) days from the date the last deposition taken pursuant to this Consent Order is completed. It is hereby FURTHER ORDERED that the Parties shall promptly inform the Court when the last deposition taken pursuant to this Consent Order has been completed. Signed by Judge Richard W. Story on 10/1/2014. (cem)
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| Clerks Certificate of Mailing as to Laura Danielle Johnson re #45 Order. (cem) |
| Submission of #44 Stipulation AND JOINT MOTION to Allow Plaintiff to Take Certain Depositions Outside Discovery Period and to Extend the Deadline for Filing Motions for Summary Judgment, submitted to District Judge Richard W. Story. (cem) |
| Filing 44 STIPULATION AND JOINT MOTION to Allow Plaintiff to Take Certain Depositions Outside Discovery Period and to Extend the Deadline for Filing Motions for Summary Judgment by Impac Funding Corporation. (Attachments: #1 Proposed Consent Order)(Byrnside, Ian) |
| Filing 43 Supplemental Initial Disclosures by Impac Funding Corporation. (Attachments: #1 Supplemental Attachment A)(Byrnside, Ian) |
| Filing 42 CERTIFICATE OF SERVICE of Discovery by Impac Funding Corporation.(Byrnside, Ian) |
| Filing 41 CERTIFICATE OF SERVICE of Discovery by Impac Funding Corporation.(Byrnside, Ian) |
| Filing 40 Request for Leave of Absence for the following date(s): August 28, 2014, August 29, 2014, September 19, 2014, October 15, 2014,October 16, 2014, October 17, 2014, October 20, 2014, December 23, 2014, December 24, 2014, December 25, 2014, December 26, 2014, December 29, 2014, December 30, 2014, December 31, 2014, January 1, 2015, January 2, 2014, by Paul L. Groth. (Groth, Paul) |
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Filing 39
CONSENT ORDER granting #38 Motion for Extension of Time to and through 9/30/2014, to Complete Discovery. Signed by Judge Richard W. Story on 6/13/2014. (cem)
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| Clerks Certificate of Mailing as to Laura Danielle Johnson re #39 Order. (cem) |
| Filing 38 Joint MOTION for Extension of Time to Complete Discovery by Impac Funding Corporation. (Attachments: #1 Proposed Consent Order Extending Discovery Period)(Byrnside, Ian) |
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Filing 37
CONSENT ORDER granting #36 Second Joint Motion to Extend Discovery. The discovery period in this case, currently scheduled to expire on 3/31/2014, shall be extended to and through 6/16/2014. Signed by Judge Richard W. Story on 3/7/2014. (cem)
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| Clerks Certificate of Mailing as to Laura Danielle Johnson re #37 Order. (cem) |
| Filing 36 Second Joint MOTION for Extension of Time to Complete Discovery by Impac Funding Corporation. (Attachments: #1 Text of Proposed Order Consent Order Extending Discovery Period)(Byrnside, Ian) Modified on 3/6/2014 to correct the docket entry to reflect efiled pleading. (cem) |
| Filing 35 CERTIFICATE OF SERVICE of Defendant's First Request for Admissions to Plaintiff by Amica Mutual Insurance Company.(Groth, Paul) |
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Filing 34
ORDER granting #33 Consent Motion for Extension of Time, through and including March 31, 2014, to Complete Discovery. Signed by Judge Richard W. Story on 11/18/13. (ddm)
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| Filing 33 Joint MOTION for Extension of Time to Complete Discovery by Impac Funding Corporation. (Attachments: #1 Text of Proposed Order Consent Order Extending Discovery Period)(Byrnside, Ian) |
| Filing 32 CERTIFICATE OF SERVICE of First Amended Privilege Log by Amica Mutual Insurance Company.(Groth, Paul) |
| Filing 31 CERTIFICATE OF SERVICE by Impac Funding Corporation.(Byrnside, Ian) |
| Filing 30 CERTIFICATE OF SERVICE for Defendant's First Interrogatories and Request for Production of Documents to Plaintiff by Amica Mutual Insurance Company.(Groth, Paul) |
| Filing 29 CERTIFICATE OF SERVICE of Defendant's Privilege Log, First Amended Responses to Plaintiff's First Interrogatories and First Amended Responses to Plaintiff's Request for Production of Documents by Amica Mutual Insurance Company.(Groth, Paul) |
| Filing 28 CERTIFICATE OF SERVICE of Amica's Responses to Plaintiff's Interrogatories by Amica Mutual Insurance Company.(Groth, Paul) |
| Filing 27 CERTIFICATE OF SERVICE of Discovery by Amica Mutual Insurance Company.(Groth, Paul) |
| Clerks Certificate of Mailing as to Laura Danielle Johnson re #26 Scheduling Order. (cem) |
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Filing 26
SCHEDULING ORDER: approving #24 Joint Preliminary Report and Discovery Plan. The discovery period in this case shall commence on 5/1/2013 and shall end on 11/22/2013. Signed by Judge Richard W. Story on 5/7/2013. (cem)
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| Filing 25 CERTIFICATE OF SERVICE of Discovery by Impac Funding Corporation.(Byrnside, Ian) |
| Filing 24 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Impac Funding Corporation. (Byrnside, Ian) |
| Filing 23 Initial Disclosures by Impac Funding Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Byrnside, Ian) |
| Filing 22 Request for Leave of Absence for the following date(s): July 3,5,8; August 16,19,20,21,22,23,26,30; September 3; October 4,7,30,31; November 27,29; December 23,24,26,27,30,31; January 2,3 2014, by Paul L. Groth. (Groth, Paul) |
| Filing 21 Initial Disclosures by Amica Mutual Insurance Company. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C, #4 Exhibit Attachment D, #5 Exhibit Attachment E)(Groth, Paul) |
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Filing 20
ORDER denying Defendant Amica Mutual Insurance Company's #19 Motion to Dismiss and Request for Oral Argument [1-9]. Plaintiff Impac Funding Corporation, as Master Servicer for Impac CMB Trust Series 2005-4's, Request for Oral Argument #12 is DENIED. Signed by Judge Richard W. Story on 3/18/13. (cem)
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| Clerks Certificate of Mailing as to Laura Danielle Johnson re #20 Order. (cem) |
| Submission of #19 MOTION to Dismiss, submitted to District Judge Richard W. Story. (cem) |
| Filing 19 MOTION to Dismiss by Amica Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit A)(Groth, Paul) |
| Filing 18 DOCUMENT FILED IN ERROR MOTION to Dismiss by Amica Mutual Insurance Company. (Groth, Paul) Modified on 1/22/2013: Document contains incorrect court caption. Attorney notified to re-efile motion with correct court name, caption and case number. (cem) |
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Filing 17
Consent Order of Dismissal with prejudice as to Branch Banking and Trust Company only. Impac and BB&T shall each bear its own attorneys' fees and costs. Signed by Judge Richard W. Story on 12/21/2012. (bdb)
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| Filing 16 PROPOSED CONSENT ORDER of Dismissal With Prejudice as to Defendant Branch Banking and Trust Company. (Byrnside, Ian) |
| Filing 15 Request for Leave of Absence for the following date(s): February 4,5,6, 15,18;March 6,7,8,11,12,13,14,15,18, May 9,10,13,17,21, June 14,15,16,17, by Paul L. Groth. (Groth, Paul) |
| Submission of #12 MOTION for Oral Argument re #4 MOTION to Dismiss, submitted to District Judge Richard W. Story. (cem) |
| Filing 14 RESPONSE in Opposition re #12 MOTION for Oral Argument re #4 MOTION to Dismiss filed by Branch Banking & Trust Company. (Block, Andrea) |
| Submission of #4 MOTION to Dismiss, submitted to District Judge Richard W. Story. (cem) |
| Filing 13 REPLY to Response to Motion re #4 MOTION to Dismiss filed by Branch Banking & Trust Company. (Block, Andrea) |
| Filing 12 MOTION for Oral Argument re #4 MOTION to Dismiss by Impac Funding Corporation. (Byrnside, Ian) |
| Filing 11 Certificate of Interested Persons by Impac Funding Corporation. (Byrnside, Ian) |
| Filing 10 DECLARATION of Stephen Wichmann re #4 MOTION to Dismiss filed by Impac Funding Corporation. (Attachments: #1 Exhibit A)(Byrnside, Ian) Modified on 5/1/2012: Incorrect event used to efile pleading. Docket entry edited to reflect efiled pleading. (cem) |
| Filing 9 RESPONSE in Opposition re #4 MOTION to Dismiss filed by Impac Funding Corporation. (Byrnside, Ian) |
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Filing 8
ORDER granting #7 Joint Motion to Stay Discovery and Certain Pretrial Deadlines. The Discovery period in this matter shall not open until thirty (30) days after the latter of: this Court entering an order on Amica Mutual Insurance Company's motion to dismiss (Doc. 1, Ex. B), or this Court entering an order on Branch Banking and Trust Company's motion to dismiss #4 . The parties shall not serve any discovery on each other, and the parties shall not have any obligation to respond to any discovery, until the discovery period opens. Signed by Judge Richard W. Story on 4/11/12. (See order for further details) (cem)
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| Clerks Certificate of Mailing as to Laura Danielle Johnson re #8 Order on Joint Motion to Stay. (cem) |
| Filing 7 Joint MOTION to Stay Discovery and Certain Pretrial Deadlines by Amica Mutual Insurance Company, Branch Banking & Trust Company, Impac Funding Corporation. (Block, Andrea) |
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Filing 6
CONSENT ORDER granting #5 Motion for Extension of Time to and through 4/30/12 within which Plaintiff may file a response to Defendants' #4 Motion to Dismiss. Signed by Judge Richard W. Story on 4/4/12. (cem)
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| Filing 5 Unopposed MOTION for Extension of Time to File a Response to Defendants' Motions to Dismiss re: #1 Notice of Removal,, #4 MOTION to Dismiss by Impac Funding Corporation. (Attachments: #1 Proposed Consent Order)(Byrnside, Ian) |
| Filing 4 MOTION to Dismiss with Brief In Support by Branch Banking & Trust Company. (Attachments: #1 Brief Memorandum of Law In Support of Motion to Dismiss)(Block, Andrea) |
| Filing 3 Certificate of Interested Persons by Branch Banking & Trust Company. (Block, Andrea) |
| Filing 2 ANSWER to #1 NOTICE OF REMOVAL by Amica Mutual Insurance Company. Discovery ends on 8/13/2012. (Filed in State Court and contained w/in Notice of Removal) (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Branch Banking & Trust Company. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $ 350.00 receipt number 113E-3822899) (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit B - Part 3.1, #5 Exhibit B - Part 3.2, #6 Exhibit B - Part 3.3, #7 Exhibit B - Part 4, #8 Exhibit B - Part 5, #9 Exhibit B - Part 6, #10 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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