Cunningham et al v. Wells Fargo Bank, National Association et al
| Vernessa S. Cunningham and Herman Cunningham |
| Wells Fargo Bank, National Association and Nationstar Mortgage LLC |
| 1:2019cv02296 |
| May 21, 2019 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Real Property: Foreclosure |
| 12 U.S.C. § 2601 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 CERTIFICATE OF SERVICE of Discovery (Plaintiffs' Initial Disclosures) by Herman Cunningham, Vernessa S. Cunningham.(Alembik, Richard) |
| Filing 22 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Nationstar Mortgage LLC, Wells Fargo Bank, National Association. (Rogers, Paul) |
| Funds Deposited per #7 Order: $ 1,087.83, receipt number GAN100113902 (sap) |
| Filing 21 CERTIFICATE OF SERVICE OF DISCOVERY REQUESTS (Requests for Production of Documents and Electronically Stored Information of Plaintiff Herman Cunningham to Nationstar Mortgage, LLC d/b/a Mr. Cooper and Notice Regarding Electronically-Stored Information) by Herman Cunningham.(Alembik, Richard) |
Filing 20
CONSENT PRELIMINARY INJUNCTION ORDER. Signed by Judge Thomas W. Thrash, Jr. on 6/20/2019. (sap)
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| Filing 19 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Telephone Conference held on 6/19/2019 for a status conference. Counsel addressed the Court regarding case status and preliminary injunction. Counsel agreed to a preliminary injunction. Mr. Alembik to submit a proposed preliminary injunction order to the Court, with Mr. Rogers to approve as to form and content. (Court Reporter Diane Peede) (sap) |
| Filing 18 PROPOSED CONSENT ORDER re #6 MOTION for Preliminary Injunction. (Alembik, Richard) |
| Filing 17 NOTICE TO COUNSEL OF RECORD for Herman Cunningham and Vernessa S. Cunningham regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. re #16 Plaintiffs' Exhibits. (sap) |
| NOTICE of TELECONFERENCE Hearing: Telephone Conference set for 6/19/2019 at 03:30 PM before Judge Thomas W. Thrash, Jr. (cmd) |
| Filing 14 ANSWER to #1 COMPLAINT by Nationstar Mortgage LLC, Wells Fargo Bank, National Association. Discovery ends on 11/12/2019.(Rogers, Paul) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Funds Deposited per #7 Order: $ 1,087.83, receipt number GAN100113243 (sap) |
| Filing 13 AFFIDAVIT of Service for Temporary Restraining Order [Doc. # 11] (Declaration Under Penalty of Perjury), as to Defendants. (Attachments: #1 Exhibit "A" - Email transmitting TRO to RAS Crane, #2 Exhibit "B" - FedEx transmitting TRO to RAS Crane, #3 Exhibit "C" - FedEx transmitting TRO to NationStar, #4 Exhibit "D" - FedEx transmitting TRO to Wells Fargo)(Alembik, Richard) |
| Filing 16 PLAINTIFFS' EXHIBITS admitted and retained at the #12 Motion Hearing have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 7, #4 Exhibit 13, #5 Exhibits 17-18, #6 Exhibits 20-21, #7 Exhibits 23-26) (sap) |
| Filing 15 Exhibit List by Herman Cunningham and Vernessa S. Cunningham. (sap) |
| Filing 12 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: MOTION HEARING held on 5/28/2019 re #6 Ex Parte Motion for Temporary Restraining Order and Motion for Preliminary Injunction. The Court waited until 2:13 p.m. for Defendants or counsel to appear. No one appeared for Defendants. Plaintiff's counsel advised Court of efforts to provide service upon Defendants. Court heard from Counsel. Plaintiff Vernessa Cunningham testified. The Court GRANTED the Motion for Temporary Restraining Order and signed the proposed order. Counsel for Plaintiff directed to serve copy of Order granting TRO on Defendants and advise the Court whether a hearing on the Motion for Preliminary Injunction needed. (Exhibits 1, 3, 7, 13, 17-18, 20-21, 23-26 admitted and retained to be forwarded to the Clerks Office) (Court Reporter Diane Peede) (sap) |
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Filing 11
TEMPORARY RESTRAINING ORDER REGARDING A NON-JUDICIAL FORECLOSURE SALE AND ORDER TO SHOW CAUSE. See order for more details. Signed by Judge Thomas W. Thrash, Jr. on 5/28/2019 at 2:45 pm. (sap)
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| Funds Deposited per #7 Order: $ 5,439.15, receipt number GAN100112842 (sap) |
| Filing 10 AFFIDAVIT of Service for Declaration of Service of Notice of May 28, 2019 Hearing, as to Defendants. (Attachments: #1 Exhibit "A" -- Notice of Hearing, #2 Exhibit "B" -- Transmittal Email, #3 Exhibit "C" -- Proof of FedEx Delivery)(Alembik, Richard) |
| Filing 9 Return of Service Executed by Vernessa S. Cunningham, Herman Cunningham. Wells Fargo Bank, National Association served on 5/23/2019, answer due 6/13/2019. (Alembik, Richard) |
| Filing 8 Return of Service Executed by Vernessa S. Cunningham, Herman Cunningham. Nationstar Mortgage LLC served on 5/23/2019, answer due 6/13/2019. (Alembik, Richard) |
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Filing 7
ORDER granting #5 Motion to Deposit Funds into the Registry of the Court. See order for more details. Signed by Judge Thomas W. Thrash, Jr. on 5/22/2019. c:Financial Office (sap)
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| Filing 6 Ex Parte MOTION for Temporary Restraining Order and MOTION for Interlocutory Injunction with Brief In Support by Herman Cunningham, Vernessa S. Cunningham. (Attachments: #1 Brief in Support of Application for a TRO and an Interlocutory Injunction, #2 Affidavit of Plaintiff Herman Cunningham, #3 Text of Proposed Order Temporary Restraining Order Regarding a Non-Judicial Foreclosure Sale and Order to Show Cause)(Alembik, Richard) . Added MOTION for Injunction on 5/23/2019 (rjs). |
| Filing 5 MOTION to Deposit Funds into the registry of the Court with Brief In Support by Herman Cunningham, Vernessa S. Cunningham. (Attachments: #1 Brief in support of Motion for Leave to Deposit Funds, #2 Affidavit of Plaintiff Herman Cunningham, #3 Text of Proposed Order Granting Leave to Deposit Funds into the Court's Registry)(Alembik, Richard) |
| Filing 4 Certificate of Interested Persons by Herman Cunningham, Vernessa S. Cunningham. (Alembik, Richard) |
| Filing 3 Electronic Summons Issued as to Nationstar Mortgage LLC. (sap) |
| Filing 2 Electronic Summons Issued as to Wells Fargo Bank, National Association. (sap) |
| (SUBMISSION TERMINATED) Submission of MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction to District Judge Thomas W. Thrash Jr. (sap) Modified on 5/22/2019 (sap). |
| NOTICE of Hearing on Motion re: #6 Ex Parte MOTION for Temporary Restraining Order. Motion Hearing set for 5/28/2019 at 02:00 PM in ATLA Courtroom 2108 before Judge Thomas W. Thrash, Jr. Counsel for Plaintiff instructed to serve Defendants or Defendants' counsel with notice of hearing and be prepared to state the extent of attempted service should Defendants not appear. (cmd) |
| Clerk's Notation re #4 Certificate of Interested Persons: OK, per TWT. (cmd) |
| Filing 1 COMPLAINT with Jury Demand filed by Vernessa S. Cunningham and Herman Cunningham. (Filing fee $400, receipt number AGANDC-8676377) (Attachments: #1 Exhibit "A" -- Security Deed, #2 Exhibit "B" -- First Assignment, #3 Exhibit ""C" -- Second Assignment, #4 Exhibit "D" -- Notice of Error, #5 Exhibit "E" -- Proof of Delivery, #6 Exhibit ""F" -- Jan. 30, 2019 Letter, #7 Exhibit "G" -- CFPB Data Set, #8 Civil Cover Sheet) (sap) 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. |
| FILED IN ERROR; MOTION TERMINATED) MOTION for Temporary Restraining Order and MOTION for Injunctive Relief by Herman Cunningham, Vernessa S. Cunningham. (sap) Modified on 5/22/2019 (sap). |
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