O'Connor et al v. Wells Fargo Bank, National Association et al
| Clinton G. O'Connor and Daphne E. O'Connor |
| McCalla Raymer, LLC, Wells Fargo Bank, National Association and JPMorgan Chase Bank, N.A. |
| 1:2012cv02525 |
| July 20, 2012 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| De Kalb |
| Richard W. Story |
| Russell G. Vineyard |
| Foreclosure |
| 15 U.S.C. ยง 1692 |
| None |
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Filing
73
ORDER denying Plaintiffs' 63 Motion for Reconsideration of Judgment, denying 65 , 72 Motions to Appeal in forma pauperis, and denying 70 Motion for Required Joinder of Parties and Emergency Request for a Temporary Restraining Order. Signed by Judge Richard W. Story on 5/17/2013. (cem)
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Filing
61
ORDER approving and adopting the 17 Report and Recommendation as the Opinion and Order of this Court. Plaintiffs' Emergency Request for Preliminary Injunction 14 is DENIED, Defendants' Motions to Dismiss Plaintiffs' Complaint 4 a nd 7 are GRANTED such that all claims with respect to Defendant J.P. Morgan Chase Bank, N.A. are DISMISSED WITH PREJUDICE, all claims against McCalla Raymer, LLC and Wells Fargo Bank, National Association premised on Wells Fargos alleged lack of st anding to foreclose are DISMISSED WITH PREJUDICE, and to the extent Plaintiffs have attempted to allege any claims against McCalla Raymer and Wells Fargo premised under any other theory, those claims are DISMISSED WITHOUT PREJUDICE; Plaintiffs' Motion for Summary Judgment 19 is DENIED; Plaintiffs' Motion to Defer Ruling on Defendants' Motions to Dismiss and Plaintiffs' Motion for Summary Judgment 21 is DENIED; Plaintiffs' Motion for Appointment of Counsel 22 is DEN IED; Plaintiffs' Second Emergency Motion for an Injunction 24 is DENIED; Plaintiffs' Motion for an Order to Show Cause Why This Court Should Not Refer Defendants' Actions in This Case for Criminal Prosecution 25 is DENIED; Plaintif fs' Motion for Financial Disclosure Statement of U.S. Magistrate Judge Vineyard 26 is DENIED; Plaintiffs' Motion for Recusal and Disqualification of Judge 27 is DENIED; Defendants' Motion to Dismiss Plaintiffs' "Amendment to the Original Complaint" 29 is GRANTED; Defendants' Motion to Disregard Plaintiffs' Surreply 34 is GRANTED; Defendants' Motion to Strike Amended Complaint 35 is GRANTED; Plaintiffs' Second Request for an Order to Sho w Cause 43 is DENIED; Plaintiffs' Motion to Admit Affidavit Testimony of Joseph R. Esquivel, Jr. 52 is DENIED; Plaintiffs' Motion to Strike the Document Known as the "Assignment From the Record" as Uncorroborated and Admissible Hearsay 53 is DENIED; and Plaintiffs' Request That the Court Take Judicial Notice of Defendants' Failure to Prove They Own the Plaintiffs' Mortgage 59 is DENIED. Signed by Judge Richard W. Story on 3/27/13. (cem)
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