Mitchell et al v. Thomas

Mitchell et al v. Thomas

Plaintiff:	Dwane Mitchell and Christin Mitchell
Defendant:	Resolute Bank, James Martin Dunn, Alan Sherwood Thomas, Village Capital and Investment, LLC and Federal Deposit Insurance Corporation
Case Number:	1:2018cv05808
Filed:	December 19, 2018
Court:	US District Court for the Northern District of Georgia
Presiding Judge:	Michael L Brown
Referring Judge:	Clarence Cooper
2 Judge:	Charles A Pannell
3 Judge:	Catherine M Salinas
Nature of Suit:	Truth in Lending
Cause of Action:	15 U.S.C. § 1601 Truth in Lending
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 8, 2023	Clerk's Certificate of Mailing as to Alan Sherwood Thomas (via address at #12 summons) re #105 Order,, #103 Order,,, Set Submission Deadline,, #91 Order on Motion for Default Judgment, #106 Clerk's Judgment. (tmf)
May 5, 2023	Filing 106 CLERK'S JUDGMENT (tmf)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
May 5, 2023	Filing 105 ORDER: On March 13, 2023, the Court granted in part and denied in part Plaintiffs' request for damages (Dkt. #103 ). The Court explained it would give Plaintiffs "one last chance" to present evidence showing "costs Plaintiffs incurred under the new mortgage and evidence of their emotional injuries," and "one final chance to prove they should recover attorneys' fees" within 30 days. (Dkt. #103 at 67). Plaintiffs never filed anything. The Court thus DIRECTS the Clerk to close this case. Signed by Judge Michael L. Brown on 5/5/2023. (tmf)
May 5, 2023	Civil Case Terminated. (tmf)
April 13, 2023	Submission of #103 Order to District Judge Michael L. Brown. (jpk)
March 17, 2023	Filing 104 Application for Leave of Absence for the following date(s): 04/02/2023-04/11/2023, by Dylan W. Howard. (Howard, Dylan) Modified on 3/20/2023 to edit dates(tmf).
March 13, 2023	Filing 103 ORDER: The Court GRANTS IN PART and DENIES IN PART Plaintiffs' request for damages (Dkt. #97 ). The Court DENIES Plaintiffs' request for attorneys' fees (Dkt. #98 ). The Court AWARDS Plaintiffs $11,000 in damages. The Court will allow Plaintiffs to file additional evidence of damages and entitlement to attorneys' fees within thirty (30) days from the date of this Order. The Court will not provide Plaintiffs any additional opportunities to prove their damages or attorneys' fees. Signed by Judge Michael L. Brown on 3/13/2023. (tmf)
February 21, 2023	Filing 102 NOTICE by Village Capital and Investment, LLC re #101 Notice of Substitution of Counsel Amended Notice of Substitution of Counsel (Howard, Dylan)
February 14, 2023	Filing 101 Certification of Consent to Substitution of Counsel. Dylan W. Howard replacing attorney Jonathan Evan Green. (Howard, Dylan)
February 13, 2023	Submission of #96 Order, #97 Brief, and #98 Affidavit to District Judge Michael L. Brown. (jpk)
September 6, 2022	Filing 100 Certified copy of MANDATE of USCA DISMISSING #76 Notice of Appeal filed by Christin Mitchell and Dwane Mitchell. Case Appealed to USCA- 11th Circuit. Case Number 21-12627. (pjm)
August 4, 2022	Filing 99 USCA Opinion received (DISMISSING) re: #76 Notice of Appeal filed by Christin Mitchell and Dwane Mitchell. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 21-12627-BB. (pjm)
July 13, 2022	Notification of Docket Correction re #98 AFFIDAVIT of Ralph Goldberg Christin Mitchell, Dwane Mitchell. (Attachments: # 1 Brief Brief in Support Regarding Attorneys Fees)(Goldberg, Ralph) Modified on 7/13/2022 to edit event and terminate motion. QC email sent to atty(tmf).
July 12, 2022	Filing 98 AFFIDAVIT of Ralph Goldberg Christin Mitchell, Dwane Mitchell. (Attachments: #1 Brief Brief in Support Regarding Attorneys Fees)(Goldberg, Ralph) Modified on 7/13/2022 to edit event and terminate motion. QC email sent to atty(tmf).
July 12, 2022	Filing 97 TRIAL BRIEF by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
July 11, 2022	Filing 96 ORDER granting #95 Motion for Extension of Time. For good cause shown, Plaintiffs' time to respond to the Court's minute order of July 13, 2022 is hereby extended to July 25, 2022. Signed by Judge Michael L. Brown on 7/11/2022. (tmf)
July 5, 2022	Filing 95 MOTION for Extension of Time to file a response by Dwane Mitchell. (Attachments: #1 Text of Proposed Order Proposed Order Regarding Motion to Extend Time)(Goldberg, Ralph)
June 29, 2022	Notification of Docket Correction re #94 Application for Leave of Absence for the following date(s): 07/21/22 to 08/08/22, 11/30/22 to 12/12/2022, by Ralph S. Goldberg. (Goldberg, Ralph) Modified on 6/29/2022 to edit dates to match filed pdf(tmf). (tmf)
June 28, 2022	Filing 94 Application for Leave of Absence for the following date(s): 07/21/22 to 08/08/22, 11/30/22 to 12/12/2022, by Ralph S. Goldberg. (Goldberg, Ralph) Modified on 6/29/2022 to edit dates to match filed pdf(tmf).
June 14, 2022	Filing 93 Application for Leave of Absence for the following date(s): July 21 to July 2022, November 30 to December 12 2022, by Ralph S. Goldberg. (Goldberg, Ralph)
June 13, 2022	Filing 92 Minute Entry for proceedings held before Judge Michael L. Brown: Damages Hearing held on 6/13/2022. Plaintiffs Dwane Mitchell and Christin Mitchell testified. The Court ORDERED Plaintiffs to present additional evidence regarding damages within thirty (30) days. (Court Reporter Jana Colter)(dob)
June 8, 2022	Set Hearings: Evidentiary Hearing set for 6/13/2022 at 02:00 PM in ATLA Courtroom 1906 before Judge Michael L. Brown. (jpk)
May 5, 2022	Filing 91 OPINION & ORDER: The Court GRANTS IN PART Plaintiffs' Motion for Default Judgment. (Dkt. #88 .) The Court sets an evidentiary hearing on damages for June 13, 2022, at 2:00 p.m., to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. Signed by Judge Michael L. Brown on 5/5/2022. (tmf)
May 5, 2022	Clerk's Certificate of Mailing as to Alan Sherwood Thomas (via address at #12 summons) re #91 Order on Motion for Default Judgment,. (tmf)
March 29, 2022	Filing 90 RESPONSE TO #89 ORDER TO SHOW CAUSE filed by Dwane Mitchell. (Goldberg, Ralph) Modified on 3/30/2022 to edit doc links(tmf).
March 24, 2022	Filing 89 ORDER TO SHOW CAUSE: The Court ORDERS Plaintiffs, within fourteen (14) days of this Order, to SHOW CAUSE why this case should not be dismissed. See document for further specifics. Signed by Judge Michael L. Brown on 3/24/2022. (tmf)
January 18, 2022	Submission of #88 MOTION for Default Judgment as to Allen Sherwood Thomas to District Judge Michael L. Brown. (jpk)
December 28, 2021	Filing 88 MOTION for Default Judgment as to Allen Sherwood Thomas with Brief In Support by Christin Mitchell, Dwane Mitchell. (Attachments: #1 Errata Notice of Right to Cancel, #2 Exhibit Tracking Information, #3 Exhibit Data Entry Form, #4 Affidavit Statement Under Penalty of Perjury by Plaintiffs)(Goldberg, Ralph)
December 1, 2021	Notification of Docket Correction re #87 Minute Entry for proceedings held before Judge Michael L. Brown: Motion Hearing held on 11/30/2021 re 71 MOTION for Default Judgment as to Alan Sherwood Thomas filed by Christin Mitchell, Dwane Mitchell. Hearing held regarding Plaintiffs' 71 Motion for Default Judgment as to Alan Sherwood Thomas. The Court DENIES Plaintiffs' 71 Motion for Default Judgment and DIRECTS Plaintiffs, no later than December 30, 2021, to file a new motion for default judgment. (Cou rt Reporter Jana B. Colter)(tmf) (Additional attachment(s) added on 12/1/2021: # 1 Main document-Corrected PDF) (tmf). Modified on 12/1/2021 to edit text(tmf). (tmf)
November 30, 2021	ORDER denying #71 Motion for Default Judgment. Ruled on at #87 by Judge Michael L. Brown on 11/30/2021. (tmf)
November 30, 2021	Filing 87 Minute Entry for proceedings held before Judge Michael L. Brown: Motion Hearing held on 11/30/2021 re #71 MOTION for Default Judgment as to Alan Sherwood Thomas filed by Christin Mitchell, Dwane Mitchell. Hearing held regarding Plaintiffs' #71 Motion for Default Judgment as to Alan Sherwood Thomas. The Court DENIES Plaintiffs' #71 Motion for Default Judgment and DIRECTS Plaintiffs, no later than December 30, 2021, to file a new motion for default judgment. (Court Reporter Jana B. Colter)(tmf) (Additional attachment(s) added on 12/1/2021: #1 Main document-Corrected PDF) (tmf). Modified on 12/1/2021 to edit text(tmf).
October 26, 2021	NOTICE RESCHEDULING HEARING (by docket entry only): The Plaintiff has requested a continuance of the hearing set for November 16, 2021. The Court GRANTS Plaintiff's request. Accordingly, the hearing on the #71 MOTION for Default Judgment as to Alan Sherwood Thomas is rescheduled for 11/30/2021 at 11:00 AM in ATLA Courtroom 1906 before Judge Michael L. Brown. (jpk)
October 18, 2021	Filing 86 ORDER Setting Hearing on Motion #71 MOTION for Default Judgment as to Alan Sherwood Thomas : Motion Hearing set for 11/16/2021 at 11:00 AM in ATLA Courtroom 1906 before Judge Michael L. Brown. Signed by Judge Michael L. Brown on 10/18/2021. (tmf)
October 16, 2021	Filing 85 RESPONSE re Order,, Set Submission Deadline, filed by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
October 12, 2021	ORDER (by docket entry only): The Court ORDERS Plaintiff to notify the Court, within 7 days from the entry of this order, whether the #71 motion for default judgment is ripe for ruling and whether a hearing can be set down at this time. Failure to respond will result in the Court summarily denying the motion. Ordered by Judge Michael L. Brown on 10/12/2021. (jpk)
August 26, 2021	Filing 84 STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 8/26/2021. (dgs) (ADI)
August 13, 2021	Filing 83 ORDER: This civil action is before the Court on Christin and Dwane Mitchell's motion for a default judgment against Alan Thomas. See [Doc. #71 ]. By Order dated July 29, 2021, I directed the Mitchells to submit no later than August 12, 2021, certain information required under Civil Local Rule 16.4(B) to assist the Court in preparing for a default judgment hearing, and I offered the Mitchells an opportunity to submit a Form AO-85 if they wished to consent to my exercise of jurisdiction as a magistrate judge over that default judgment hearing. See #75 . As of August 12, 2021, the Mitchells had submitted a "Pretrial Order" [Doc. #80 ], but not a Form AO-85. Accordingly, I DIRECT the Clerk to terminate the referral of this civil action to me because the Mitchells have elected to proceed before a district judge. See [Doc. #81 & accompanying docket entry reassigning this civil action to the Honorable Michael L. Brown)]. Signed by Magistrate Judge Catherine M. Salinas on 8/13/2021. (tmf)
August 13, 2021	Magistrate Judge Catherine M. Salinas terminated. (tmf)
August 11, 2021	Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #76 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 21-12627-BB. The entire record on appeal is available electronically. (pjm)
August 10, 2021	Filing 82 TRANSCRIPT ORDER FORM (No Hrgs) re: #76 Notice of Appeal. (Goldberg, Ralph) Modified on 8/11/2021 to update text (pjm).
August 10, 2021	Filing 81 ORDER OF RECUSAL. Judge Clarence Cooper recused. Case reassigned to Judge Michael L. Brown for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:18-cv-05808-MLB-CMS. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Clarence Cooper on 8/10/2021. (tmf)
August 10, 2021	Submission of #71 MOTION for Default Judgment as to Alan Sherwood Thomas , to Magistrate Judge Catherine M. Salinas (resubmitted after DJ reassignment). (tmf)
August 9, 2021	Filing 80 Proposed Pretrial Order by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
August 6, 2021	Filing 79 USCA Acknowledgment of #76 Notice of Appeal filed by Christin Mitchell, Dwane Mitchell. Case Appealed to USCA - 11th Circuit. USCA Case Number 21-12627-BB. (kac)
August 2, 2021	Filing 78 Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order, Report and Recommendation and Docket Sheet to US Court of Appeals re: #76 Notice of Appeal. (pjm)
August 2, 2021	Filing 77 USCA Appeal Transmission Letter to 11th Circuit re: #76 Notice of Appeal filed by Christin Mitchell and Dwane Mitchell. (pjm)
August 2, 2021	Filing 76 NOTICE OF APPEAL as to #73 Clerk's Judgment, by Christin Mitchell, Dwane Mitchell. Filing fee $ 505, receipt number BGANDC-11152547. Transcript Order Form due on 8/16/2021 (Goldberg, Ralph)
July 29, 2021	Filing 75 ORDER: This civil action is before the Court on Christin and Dwane Mitchell's motion for a default judgment against Alan Thomas. As a United States Magistrate Judge, I may enter a default judgment only if the Mitchells consent to my exercise of jurisdiction over this civil action. See 28 U.S.C. 636. If the Mitchells wish to consent, they should complete and file Form AO-85, see www.gand.uscourts.gov/commonly-used-forms (Consent to Proceed Before Magistrate (AO-85)), and I will schedule a default judgment hearing on a date convenient for them in August 2021. If the Mitchells prefer to proceed before Judge Cooper, they may do that and schedule a hearing date with his Chambers. Whether the Mitchells elect to proceed before Judge Cooper or me, it is necessary that they provide additional information in advance of the default judgment hearing. I therefore ORDER the Mitchells TO SUBMIT NO LATER THAN AUGUST 12, 2021, a prehearing filing containing the information required by Civil Local Rule 16.4(B)(1), (3), (4), (13), (14), (17), (18)(a)&(c), (19)(a), (20), (21), (26) & (28). I further ORDER the Mitchells TO SUBMIT NO LATER THAN THE HEARING DATE (WHEN SET) a filing containing the information required by Civil Local Rule 16.4(B)(25). Signed by Magistrate Judge Catherine M. Salinas on 7/29/2021. (tmf)(tmf)
July 19, 2021	Submission of #71 MOTION for Default Judgment as to Alan Sherwood Thomas , to Magistrate Judge Catherine M. Salinas. (jpa)
July 12, 2021	Notification of Docket Correction re #74 Leave of Absence by Christin Mitchell, Dwane Mitchell 8/2-8/13, 8/23-8/31, 9/7-9/17, 10/12-10/22, 11/11-11/19, 12/15-12/29/2021 (Goldberg, Ralph) Modified on 7/12/2021 to edit event and add requested dates(tmf). (tmf)
July 11, 2021	Filing 74 Leave of Absence by Christin Mitchell, Dwane Mitchell 8/2-8/13, 8/23-8/31, 9/7-9/17, 10/12-10/22, 11/11-11/19, 12/15-12/29/2021 (Goldberg, Ralph) Modified on 7/12/2021 to edit event and add requested dates(tmf).
July 9, 2021	Filing 73 CLERK'S JUDGMENT dismissing action as to defendants Village Capital and Investment, LLC, James Martin Dunn, and Federal Deposit Insurance Corporation, as Receiver for Resolute Bank. (tmf)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
July 9, 2021	Filing 72 ORDER adopting #69 Report and Recommendations. The Court ADOPTS the R&R [Doc. No. #69 ] and ORDERS that judgment be entered in favor of Village Capital and Investment, LLC, the Federal Deposit Insurance Corporation (as Receiver for Resolute Bank), and James Dunn, as there is no just reason for delay. This case shall remain open for the adjudication of the motion for default judgment against Alan Sherwood Thomas. Signed by Judge Clarence Cooper on 7/9/2021. (tmf)
July 7, 2021	Submission of #69 REPORT AND RECOMMENDATION re #3 Amended Complaint, filed by Christin Mitchell, Dwane Mitchell, to District Judge Clarence Cooper. (tmf)
June 29, 2021	Filing 71 MOTION for Default Judgment as to Alan Sherwood Thomas by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
June 17, 2021	Filing 70 ORDER for Service of #69 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 6/17/21. (bjh)
June 17, 2021	Filing 69 REPORT AND RECOMMENDATION re #3 Amended Complaint, filed by Christin Mitchell, Dwane Mitchell. I RECOMMEND that judgment be entered in favor of Village Capital, the FDIC, and Dunn. Because the Mitchells have done nothing since September 13, 2019, to convert the entry of default against Thomas into a default judgment, see Fed. R. Civ. P. 55(b); LR 55.1, NDGa., I ORDER the Mitchells, within fourteen days of the entry date of this Report and Recommendation and Order, either to (A) apply for a default judgment or (B) show cause otherwise why the part of the case that remains open with respect to Thomas should not be dismissed for want of prosecution, see LR 41.3(A)(3), NDGa. If the Mitchells apply for a default judgment or respond to the order to show cause within the time prescribed above, I will conduct further appropriate proceedings. In the alternative, if the Mitchells do not apply for a default judgment or show cause otherwise why dismissal is not appropriate within the time prescribed above, I RECOMMEND that the Court also DISMISS this case as to Thomas for want of prosecution, see LR 41.3(A)(3), NDGa., and CLOSE it. Signed by Magistrate Judge Catherine M. Salinas on 6/17/21. (bjh)
June 16, 2021	CASE REFERRED to Magistrate Judge Catherine M. Salinas. (bjh)
April 5, 2021	Filing 68 ORDER denying #51 Motion to Amend. Signed by Judge Clarence Cooper on 4/5/21. (bjh)
March 10, 2021	Filing 67 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI)
January 28, 2021	Filing 66 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)
December 9, 2020	Filing 65 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI)
September 29, 2020	Filing 64 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI)
September 2, 2020	Filing 63 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (rvb) (ADI)
August 4, 2020	Filing 62 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI)
July 13, 2020	Filing 61 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI)
July 2, 2020	Filing 60 FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)
June 19, 2020	Submission of #51 MOTION to Amend , to District Judge Clarence Cooper. (adg)
May 27, 2020	Filing 59 THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI)
May 4, 2020	Filing 58 SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI)
April 29, 2020	Case no longer referred to Magistrate Judge Catherine M. Salinas. (bjh)
April 29, 2020	Filing 57 ORDER: DENYING as moot Dunn's motion to amend an April 27, 2019 Order granting a stay of certain pretrial deadlines pending the Court's ruling on the motions to dismiss. See #27 , #43 . The motions to dismiss have been resolved. See supra. DENYING as moot the motion to withdraw (as Dunn's attorneys) filed by Kevin Maxim and Peter Dewhirst on March 16, 2020. See #44 . They filed a later motion to withdraw that superseded the March 16 motion, that I will discuss next. I GRANT the motion to withdraw (as Dunn's attorneys) filed by Kevin Maxim and Peter Dewhirst on March 27, 2020. See #46 ; see also #47 . The March 27 motion was unopposed, and it appears that the movants adequately complied with the requirements of Local Rule 83.1(E). Finally, I DIRECT the Clerk to terminate the referral to me of the motion to amend filed by the Mitchells' on March 31, 2020. See #51 . Because this motion seeks alteration, amendment, or reconsideration of Judge Coopers March 31, 2020 Order, he is the appropriate decisionmaker. Signed by Magistrate Judge Catherine M. Salinas on 4/29/20. (bjh)
April 21, 2020	Submission of #51 MOTION to Amend, to Magistrate Judge Catherine M. Salinas. (bjh)
April 20, 2020	Filing 56 REPLY BRIEF re #51 MOTION to Amend re objection filed by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
April 16, 2020	Submission of #46 MOTION to Withdraw Kevin Allen Maxim as Attorney, to Magistrate Judge Catherine M. Salinas. (bjh)
April 13, 2020	Filing 55 RESPONSE in Opposition re #51 MOTION to Amend filed by James Martin Dunn. (Maxim, Kevin)
April 13, 2020	Filing 54 RESPONSE in Opposition re #51 MOTION to Amend filed by Federal Deposit Insurance Corporation. (McGinnis, Shanon)
April 13, 2020	Filing 53 RESPONSE in Opposition re #51 MOTION to Amend or Alter filed by Village Capital and Investment, LLC. (Green, Jonathan)
April 6, 2020	Submission of #43 MOTION to Amend #27 Order on Motion to Stay, to Magistrate Judge Catherine M. Salinas. (bjh)
April 6, 2020	Submission of #44 MOTION to Withdraw Kevin Allen Maxim, Peter Dewhirst as Attorney, to Magistrate Judge Catherine M. Salinas. (bjh)
April 2, 2020	Filing 52 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI)
March 31, 2020	Filing 51 MOTION to Amend with Brief In Support by Christin Mitchell, Dwane Mitchell. (Attachments: #1 Exhibit Order)(Goldberg, Ralph)
March 31, 2020	Filing 50 ORDER Adopting #34 Non-Final Report and Recommendation. Granting #14 Motion to Dismiss for Failure to State a Claim; Granting #17 Motion to Dismiss for Failure to State a Claim. All of Plaintiffs' claims against Village Capital and Investment, LLC, James Martin Dunn, and the Federal Deposit Insurance Corporation, as Receiver for Resolute Bank, are hereby DISMISSED with prejudice. Signed by Judge Clarence Cooper on 3/31/20. (bjh)
March 31, 2020	Filing 49 ORDER Denying as Moot #41 Motion to Substitute Party. Granting #42 Motion to Substitute Party. It is hereby ORDERED that the Federal Deposit Insurance Corporation as Receiver for Resolute Bank be substituted as Defendant in Resolute Bank's place in this action. It is further ORDERED that the clerk shall amend the case caption to reflect the Federal Deposit Insurance Corporation, as Receiver for Resolute Bank as Defendant in this action instead of Resolute Bank. Signed by Judge Clarence Cooper on 3/31/20. (bjh)
March 31, 2020	Filing 48 ORDER Granting #40 Motion to Substitute Counsel. it is hereby ORDERED that Kevin A. Maxim, The Maxim Law Firm, P.C., be withdrawn as counsel of record for Resolute Bank and that Shanon J. McGinnis and Kathleen B. Hicks, and Wargo French, LLP are substituted as counsel of record for the Federal Deposit Insurance Corporation as Receiver for Resolute Bank. Signed by Judge Clarence Cooper on 3/31/20. (bjh) Modified on 3/31/2020 to edit text (bjh).
March 28, 2020	Filing 47 PROPOSED ORDER revising proposed Order filed as Doc. 46-2, changing 'Defendant did not timely articulate any object' to instead read 'Defendant did not timely articulate any objection' on page 1 of the proposed Order. re: #46 MOTION to Withdraw Kevin Allen Maxim as Attorney. (Maxim, Kevin)
March 27, 2020	Filing 46 MOTION to Withdraw Kevin Allen Maxim as Attorneyby James Martin Dunn. (Attachments: #1 Exhibit "A" - Letter to Mr. Dunn, and proof of delivery, #2 Text of Proposed Order (Exhibit "B") - Proposed ORDER re ND Ga LR 83.1 Motion to Withdraw as Counsel of Record)(Maxim, Kevin)
March 23, 2020	Filing 45 General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/20. (bjh)
March 16, 2020	Filing 44 MOTION to Withdraw Kevin Allen Maxim, Peter Dewhirst as Attorneyby James Martin Dunn. (Attachments: #1 Text of Proposed Order)(tcc)
March 16, 2020	Filing 43 PRO SE MOTION to Amend #27 Order on Motion to Stay by James Martin Dunn. (tcc)
February 14, 2020	Filing 42 NOTICE by Resolute Bank Amended Notice of Receivership and Application for Substitution of the Federal Deposit Insurance Corporation, as Receiver of Resolute Bank, in the Place of Defendant Resoluate Bank, and for Amendment of Case Caption to Reflect Substitution (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(McGinnis, Shanon) Modified on 3/31/2020 ro edit event type (bjh).
February 3, 2020	Filing 41 NOTICE by Resolute Bank of Receivership and APPLICATION FOR SUBSTITUTION of the Federal Deposit Insurance Corporation, as Receiver of Resolute Bank, in the Place of Defendant Resolute Bank, and Amendment of Case Caption to Reflect Substitution (McGinnis, Shanon) Modified on 2/4/2020 to edit event type (bjh).
February 3, 2020	Filing 40 MOTION for Substitution of Counsel. Shanon J. McGinnis replacing attorney Kevin Allen Maxim. (McGinnis, Shanon) Modified on 2/4/2020 to edit text to reflect pdf (bjh). Modified on 3/31/2020 to edit event type (bjh).
January 2, 2020	Filing 39 NOTICE by Village Capital and Investment, LLC Attorney Jonathan E.Green's Notice of Leave of Absence (Green, Jonathan)
October 9, 2019	Filing 38 REPLY BRIEF re #34 REPORT AND RECOMMENDATION re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Resolute Bank, James Martin Dunn, #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Village Capital and Investment, LLC filed by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
October 4, 2019	Filing 37 RESPONSE re #36 Objection, to Plaintiffs' Objection to Magistrate Judge's Report and Recommendation filed by Village Capital and Investment, LLC. (Green, Jonathan)
October 2, 2019	Submission of #34 Non-Final REPORT AND RECOMMENDATION re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Resolute Bank, James Martin Dunn; #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Village Capital and Investment, LLC; to District Judge Clarence Cooper. (bjh)
September 20, 2019	Filing 36 OBJECTION re #34 REPORT AND RECOMMENDATION re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Resolute Bank, James Martin Dunn, #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Village Capital and Investment, LLC, by Christin Mitchell, Dwane Mitchell. (Attachments: #1 Brief in Support of Objection)(Goldberg, Ralph) Modified on 9/23/2019 to delete duplicate text (bjh).
September 13, 2019	Filing 35 ORDER for Service of #34 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 9/13/19. (bjh)
September 13, 2019	Filing 34 Non-Final REPORT AND RECOMMENDATION: Recommending #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM be Dismissed and all of Plaintiffs' claims against Village Capital, Resolute Bank, and Mr Dunn be dismissed with prejudice. Signed by Magistrate Judge Catherine M. Salinas on 9/13/19. (bjh)
September 13, 2019	Clerk's Entry of Default as to Alan Sherwood Thomas per Non-Final R&R #34 . (bjh)
May 21, 2019	Filing 33 Application for Leave of Absence for the following date(s): June 20-21, 2019, June 24-28, 2019, July 1-3, 2019, July 23-26, 2019, August 22-23, 2019, September 4-6, 2019, October 17-18, 21, 2019, March 17-20, 2020, by Kevin Allen Maxim. (Maxim, Kevin)
May 20, 2019	Filing 32 Application for Leave of Absence for the following date(s): 06/22/19-07/08/19, 08/12/19-08/22/19, by Ralph S. Goldberg. (Goldberg, Ralph)
May 20, 2019	Submission of #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to Magistrate Judge Catherine M. Salinas. (bjh)
May 20, 2019	Submission of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to Magistrate Judge Catherine M. Salinas. (bjh)
May 17, 2019	Filing 31 REPLY to Response to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Village Capital and Investment, LLC. (Green, Jonathan)
May 14, 2019	Filing 30 REPLY to Response to Motion re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James Martin Dunn, Resolute Bank. (Maxim, Kevin)
April 30, 2019	Filing 29 RESPONSE re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
April 26, 2019	ORDER by docket entry only GRANTING #28 Consent Motion for Extension of Time for Village Capital and Investment, LLC to File Reply Brief. The deadline for Defendant Village Capital and Investment, LLC to file its reply brief in support of its motion to dismiss is extended through 5/17/2019. SO ORDERED by United States Magistrate Judge Catherine M. Salinas on 4/26/2019. (sal)
April 25, 2019	Filing 28 Consent MOTION for Extension of Time File Reply Brief by Village Capital and Investment, LLC. (Attachments: #1 Text of Proposed Order)(Green, Jonathan)
April 23, 2019	Filing 27 ORDER Granting #26 Motion to Stay certain pretrial deadlines pending the Court's ruling on the motions to dismiss. Signed by Magistrate Judge Catherine M. Salinas on 4/23/19. (bjh)
April 23, 2019	Filing 26 Consent MOTION to Stay Deadlines by Resolute Bank. (Attachments: #1 Text of Proposed Order)(Maxim, Kevin)
April 19, 2019	Filing 25 ORDER Granting #21 Application for Admission Pro Hac Vice of Peter Dewhirst. Signed by Judge Clarence Cooper on 4/19/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bjh)
April 19, 2019	Clerk's Certificate of Mailing to Peter Dewhirst re #25 Order on Application for Admission PHV. (bjh)
April 18, 2019	Filing 24 Return of Service Executed by Christin Mitchell, Dwane Mitchell. Alan Sherwood Thomas served on 2/8/2019, answer due 3/1/2019. (Goldberg, Ralph)
April 17, 2019	APPROVAL by Clerks Office re: #21 APPLICATION for Admission of Peter Dewhirst Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8587101). Attorney Kevin Allen Maxim added appearing on behalf of James Martin Dunn (jkm)
April 16, 2019	Filing 22 ORDER: If Plaintiffs intend to pursue this lawsuit against Alan Sherwood Thomas,Plaintiffs are ORDERED to serve him within TEN DAYS of the date of this Order,and further ORDERED to file with the Court a proof of service within THREEDAYS of service on Alan Sherwood Thomas. If Plaintiffs fail to comply with thisOrder and fail to show good cause for such failure, I will recommend the dismissal of Alan Sherwood Thomas from this lawsuit. Signed by Magistrate Judge Catherine M. Salinas on 4/16/19. (bjh)
April 16, 2019	Submission of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to Magistrate Judge Catherine M. Salinas. (bjh)
April 15, 2019	Filing 23 RESPONSE re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christin Mitchell, Dwane Mitchell. (tcc)
April 15, 2019	Filing 21 APPLICATION for Admission of Peter Dewhirst Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8587101)by Resolute Bank. (Maxim, Kevin)
April 9, 2019	Filing 20 MOTION for Extension of Time to file a response re: #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
April 9, 2019	ORDER by docket entry only GRANTING #20 Plaintiffs Christin Mitchell and Dwane Mitchell's Motion for Extension. The deadline for Plaintiffs to respond to the Motion to Dismiss filed by Defendants Resolute Bank and James Martin Dunn is extended through 4/30/2019. SO ORDERED by United States Magistrate Judge Catherine M. Salinas on 4/9/2019. (sal)
April 2, 2019	Filing 19 Certificate of Interested Persons by Village Capital and Investment, LLC. (Green, Jonathan)
March 31, 2019	Filing 18 Certificate of Interested Persons by James Martin Dunn, Resolute Bank. (Maxim, Kevin)
March 31, 2019	Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by James Martin Dunn, Resolute Bank. (Attachments: #1 Brief)(Maxim, Kevin)
March 29, 2019	Filing 16 ORDER (by docket entry only) GRANTING #15 Plaintiffs' Unopposed Motion for Extension of Time. The deadline for filing Plaintiffs' response to the pending motion to dismiss is now on or before April 15, 2019. Ordered by Magistrate Judge Catherine M. Salinas on 03/29/2019. (drg)
March 28, 2019	Filing 15 MOTION for Extension of Time File Response re: #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
March 18, 2019	Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Village Capital and Investment, LLC. (Attachments: #1 Brief, #2 Exhibit Exhibit A to Brief, #3 Exhibit Exhibit B to Brief)(Green, Jonathan)
February 19, 2019	Filing 13 Consent MOTION for Extension of Time to File Answer by Village Capital and Investment, LLC. (Attachments: #1 Text of Proposed Order)(Green, Jonathan)
February 19, 2019	ORDER by docket entry only GRANTING #13 Consent Motion for Extension of Time for Village Capital and Investment, LLC to File Answer. The deadline for Defendant Village Capital and Investment, LLC to respond to Plaintiffs' Amended Complaint is extended through 3/18/2019. SO ORDERED by United States Magistrate Judge Catherine M. Salinas on 2/19/2019. (sal)
February 6, 2019	Filing 12 Electronic Summons Issued as to Alan Sherwood Thomas. (dob)
February 6, 2019	Filing 11 Electronic Summons Issued as to James Martin Dunn. (dob)
February 6, 2019	Filing 10 Electronic Summons Issued as to Resolute Bank. (dob)
February 6, 2019	Filing 9 PROPOSED SUMMONS filed by Christin Mitchell, Dwane Mitchell (Goldberg, Ralph)
February 6, 2019	Filing 8 PROPOSED SUMMONS filed by Christin Mitchell, Dwane Mitchell (Goldberg, Ralph)
February 6, 2019	Filing 7 PROPOSED SUMMONS filed by Christin Mitchell, Dwane Mitchell (Goldberg, Ralph)
February 6, 2019	Filing 6 Certificate of Interested Persons by Christin Mitchell, Dwane Mitchell. (Goldberg, Ralph)
January 15, 2019	Filing 5 Electronic Summons Issued as to Village Capital and Investment, LLC. (bjh)
January 14, 2019	Filing 4 PROPOSED SUMMONS filed by Christin Mitchell, Dwane Mitchell (Goldberg, Ralph)
January 14, 2019	Filing 3 AMENDED COMPLAINT against Village Capital and Investment, LLCwith Jury Demand filed by Christin Mitchell, Dwane Mitchell.(Goldberg, Ralph) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
January 3, 2019	Filing 2 ORDER reassigning this case to Judge Clarence Cooper for all further proceedings. Judge Charles A. Pannell, Jr. has declined assignment of this case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:18-cv-5808-CC. Please make note of this change in order to facilitate the docketing of pleadings in this case. (ddm)
December 19, 2018	Filing 1 COMPLAINT with Jury Demand filed by Christin Mitchell and Dwane Mitchell. (Filing fee $400, receipt number 113E-8339398) (Attachments: #1 Exhibit A, #2 Notice to Village, #3 Notice to Thomas, #4 Notice to Resolute Bank, #5 Civil Cover Sheet)(bnp) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Search for this case: Mitchell et al v. Thomas
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Plaintiff: Dwane Mitchell
Represented By:	Ralph S. Goldberg
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Plaintiff: Christin Mitchell
Represented By:	Ralph S. Goldberg
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Defendant: Resolute Bank
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Defendant: James Martin Dunn
Represented By:	Peter Dewhirst
Represented By:	Kevin Allen Maxim
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Defendant: Alan Sherwood Thomas
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Defendant: Village Capital and Investment, LLC
Represented By:	Dylan W. Howard
Represented By:	Jonathan Evan Green
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Defendant: Federal Deposit Insurance Corporation
Represented By:	Kathleen Brennan Kacynski
Represented By:	Kevin Allen Maxim
Represented By:	Shanon J. McGinnis
Represented By:	Kathleen Brennan Hicks
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