Vickers v. Bank of America et al
| Delores Vickers |
| Alma J. Baxter, Barrett, Daffin, Frappier, Levine & Block, LLP and Bank of America |
| 1:2017cv03309 |
| August 31, 2017 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Leigh Martin May |
| Real Property: Foreclosure |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on January 12, 2018. A more recent docket listing may be available from PACER.
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| Filing 30 CLERK'S JUDGMENT entered against plaintiff and for defendants for costs of action. (hfm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 29
ORDER adopting #27 Final Report and Recommendation, granting #11 and #13 Motions to Dismiss, denying as moot #23 Motion to Appoint Counsel, and denying as moot #12 Motion to Stay. The Clerk is DIRECTED to CLOSE this case. Signed by Judge Leigh Martin May on 1/12/18. (hfm)
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| Clerks Certificate of Mailing as to Alma J. Baxter, Delores Vickers re #29 Order, #30 Clerk's Judgment. (hfm) |
| Civil Case Terminated. (hfm) |
| Submission of #27 FINAL REPORT AND RECOMMENDATION, submitted to District Judge Leigh Martin May. (hfm) |
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Filing 28
ORDER for Service of #27 Final Report and Recommendation, by Magistrate Judge Catherine M. Salinas. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Catherine M. Salinas on 12/21/17. (hfm)
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| Filing 27 FINAL REPORT AND RECOMMENDATION that BANAs Motion to Dismiss #11 be GRANTED; that Barrett Daffin Frappier Levine & Block, LLPs Motion to Dismiss #13 be GRANTED; that Alma Baxters Motion to Dismiss #16 , #19 , #22 be GRANTED; that Alma Baxters Motion to Appoint Counsel #23 be DENIED AS MOOT; and that BANAs Motion to Stay Pretrial Deadlines and Discovery #12 be DENIED AS MOOT. Signed by Magistrate Judge Catherine M. Salinas on 12/21/17. (hfm) |
| Filing 26 TRANSCRIPT of Audiotaped Hearing on Motions Proceedings held on 11/8/2017, before Judge Catherine M. Salinas. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/21/2018. (Attachments: #1 Notice of Filing Transcript) (srw) |
| Clerks Certificate of Mailing as to Alma J. Baxter, Delores Vickers re #27 FINAL REPORT AND RECOMMENDATION, #28 Order for Service of Report and Recommendation. (hfm) |
| FINAL REPORT AND RECOMMENDATION recommending dismissal of #3 Complaint, included within #27 Final Report and Recommendation, signed by Magistrate Judge Catherine M. Salinas on 12/21/17. (hfm) |
| Submission of #23 MOTION to Appoint Counsel, submitted to Magistrate Judge Catherine M. Salinas. (hfm) |
| Filing 25 Minute Entry for proceedings held before Magistrate Judge Catherine M. Salinas: Motion Hearing held on 11/8/2017 deferring ruling on #11 Motion to Dismiss for Failure to State a Claim, #12 Motion to Stay, #13 Motion to Dismiss for Failure to State a Claim, and #23 Motion to Appoint Counsel. (Court Reporter FTR)(hfm) |
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Filing 24
ORDER: Evidentiary Hearing set for 11/8/2017 at 10:00 AM in ATLA Courtroom 1810 before Magistrate Judge Catherine M. Salinas re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #13 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #23 MOTION to Appoint Counsel. All pro se parties, counsel for Bank of America, N.A., a bank representative knowledgeable about the facts of this case, and counsel for Barrett Daffin Frappier Levine & Block, LLP are required to attend. Signed by Magistrate Judge Catherine M. Salinas on 10/25/17. (hfm)
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| Clerks Certificate of Mailing as to Alma J. Baxter, Delores Vickers re #24 Order. (hfm) |
| Filing 23 MOTION to Appoint Counsel by Alma J. Baxter. (hfm) |
| Submission of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION to Stay Pretrial Deadlines and Discovery, #13 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to Magistrate Judge Catherine M. Salinas. (hfm) |
| Filing 22 RESPONSE re #3 Complaint, filed by Alma J. Baxter. (hfm) |
| Notification of Docket Correction re 21 Response. Document re-docketed at #22 to remove cover page. (hfm) |
| Filing 20 Memorandum of Procedures in Support of Plaintiff's Motion to Stay TRO Injunction and for Defendants to Release Any and All Claims Against Subject Property by Delores Vickers. (hfm) |
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Filing 18
ORDER granting #17 Motion for Extension of Time, through and including October 15, 2017, to respond re #12 MOTION to Stay Pretrial Deadlines and Discovery, #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Signed by Magistrate Judge Catherine M. Salinas on 10/4/17. (hfm)
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| Clerks Certificate of Mailing as to Alma J. Baxter, Delores Vickers re #18 Order on Motion for Extension of Time. (hfm) |
| Filing 19 RESPONSE re #3 Complaint, filed by Alma J. Baxter. (hfm) |
| Filing 17 Unopposed MOTION for Extension of Time by Delores Vickers. (rjs) |
| Filing 16 ANSWER to #3 COMPLAINT by Alma J. Baxter. Discovery ends on 2/23/2018.(hfm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 15 RESPONSE to Defendant's #7 and #8 Responses in Opposition to Plaintiff's Motion for Injunction and Dismissal of Claims Against Subject Property filed by Delores Vickers. (hfm) |
| Filing 14 Package prepared (USM 285, Summons, Complaint) and forwarded to USM for service upon Alma J. Baxter. (hfm) |
| USM 285 and Summons received from Plaintiff re #4 Order. (hfm) |
| Filing 13 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Barrett, Daffin, Frappier, Levine & Block, LLP. (Attachments: #1 Brief BRIEF, #2 Exhibit EXHIBITS A-F)(Weitz, John) |
| Filing 12 MOTION to Stay Pretrial Deadlines and Discovery with Brief In Support by Bank of America. (Attachments: #1 Brief, #2 Text of Proposed Order)(Rhadans, Allison) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Bank of America. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Rhadans, Allison) |
| Filing 10 Certificate of Interested Persons and Corporate Disclosure Statement by Bank of America identifying Corporate Parent Bank of America Corporation for Bank of America. (Rhadans, Allison) |
| Clerks Notation re #10 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
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Filing 9
ORDER: BANA and its agents, successors, and assigns are ENJOINED from foreclosing on 3295 Colony Drive SE, Conyers, GA 30013 while this litigation is ongoing. Because this case involves a wrongful foreclosure, the Clerk is DIRECTED to assign this matter to a Magistrate Judge Catherine M. Salinas for further handling consistent with Standing Order 14-01. Signed by Judge Leigh Martin May on 9/13/17. (hfm)
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| Clerks Certificate of Mailing as to Delores Vickers re #9 Order. (hfm) |
| Filing 8 RESPONSE re #4 Order, Set Deadlines/Hearings, Set Submission Deadline,,,,,,,,,,,,,,, #3 Complaint, filed by Barrett, Daffin, Frappier, Levine & Block, LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Weitz, John) |
| Filing 7 RESPONSE re #4 Order, Set Deadlines/Hearings, Set Submission Deadline,,,,,,,,,,,,,,, filed by Bank of America. (Rhadans, Allison) |
| Filing 6 Return of Service Executed Bank of America served on 9/1/2017, answer due 9/22/2017; Barrett, Daffin, Frappier, Levine & Block, LLP served on 9/1/2017, answer due 9/22/2017. (hfm) |
| Filing 5 Package prepared and forwarded to USM for service upon Bank of America, Barrett, Daffin, Frappier, Levine & Block, LLP. (USM 285, Summons issued, Complaint) (hfm) |
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Filing 4
ORDER: The Court GRANTS Plaintiffs Request for ex parte Temporary Restraining Order #3 . The pending foreclosure is STAYED for fourteen days or until the Court, for good cause, extends the stay for a like period. See Fed. R. Civ. P. 65(2). The parties are ORDERED to attend a hearing on the Preliminary Injunction at 9 a.m. on Wednesday, September 13, 2017 in Courtroom 2107, 75 Ted Turner Dr. SW, Atlanta, GA 30303. Defendants are ORDERED to file a Response Brief by Monday, September 11, 2017. The Clerk of Court is DIRECTED to send Plaintiff an initial disclosure form and a USM 285 form and summons for Defendant Baxter. Plaintiff is DIRECTED to complete the initial disclosures form, USM 285 form, and summons and to return them to the Clerk within twenty (20) days of the entry date of this Order. The Clerk is also DIRECTED to prepare and transmit to the U.S. Marshals Service a service package for service upon Defendants Barrett, Daffin, Frappier, Levine & Block, LLP and Bank of America as set forth in Federal Rule of Civil Procedure 4(j)(2) INSTANTER. the U.S. Marshals Service is DIRECTED to serve Defendants in accordance with the requirements of Federal Rule of Civil Procedure 4G)(2) INSTANTER. ( Evidentiary Hearing set for 9/13/2017 at 09:00 AM in ATLA Courtroom 2107 before Judge Leigh Martin May.), () Signed by Judge Leigh Martin May on 9/1/17. (hfm) (Additional attachment(s) added on 9/5/2017: #1 Main Document) (rvb).
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| Clerks Certificate of Mailing as to Delores Vickers re #4 Order. Forms sent to party: USM 285; Summons; Initial Disclosures. (hfm) |
| Filing 3 COMPLAINT, filed by Delores Vickers. (Attachments: #1 Civil Cover Sheet)(hfm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 2
ORDER granting #1 Application for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Catherine M. Salinas on 8/31/17. (hfm)
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| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Delores Vickers. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(hfm) |
| Submission of #3 Complaint, submitted to District Judge Leigh Martin May. (hfm) |
| Clerks Certificate of Mailing as to Delores Vickers re #2 Order on Application for Leave to Proceed in forma pauperis. (hfm) |
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