Peek v. PHH Mortgage Services Corp
| Christopher Earl Peek |
| PHH Mortgage Services Corp |
| 1:2019cv03680 |
| August 15, 2019 |
| US District Court for the Northern District of Georgia |
| Walter E Johnson |
| Eleanor L Ross |
| Real Property: Foreclosure |
| 15:1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Clerk's Certificate of Mailing as to Christopher Earl Peek re #12 Order, USM285 form, 1 summons, and initial disclosures form. (jpa) |
Filing 12
ORDER DIRECTING the Clerk to send plaintiff the USM 285 form, summons, and the initial disclosures form. Plaintiff is DIRECTED to complete the USM 285 form, summons, and the initial disclosures form, and to return one of each for each defendant within TWENTY (20) DAYS. In the event a defendant does not return the Waiver of Service form to the Clerk of Court within THIRTY-FIVE (35) DAYS following the date the service waiver package was mailed, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshals Service a service package for each defendant who failed to return the waiver form. The U.S. Marshals Service is DIRECTED to personally serve each defendant who failed to waive service. Signed by Magistrate Judge Walter E. Johnson on 10/9/19. (jpa)
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| Submission of #11 Order, to Magistrate Judge Walter E. Johnson. (jpa) |
| Clerk's Certificate of Mailing as to Christopher Earl Peek re #11 Order (jpa) |
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Filing 11
ORDER adopting #9 Report and Recommendation. The Court DISMISSES WITHOUT PREJUDICE Plaintiff's ECOA, FDCPA, and FCRA claims, and DISMISSES AS MOOT Plaintiff's Declaratory Judgment claim. Plaintiff's RESPA claims shall proceed. The Court DIRECTS the Clerk to refer this action to Magistrate Judge Walter E. Johnson for further adjudication. Signed by Judge Eleanor L. Ross on 10/8/19. (jpa)
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| Submission of #9 REPORT AND RECOMMENDATION, to District Judge Eleanor L. Ross. (jpa) |
| Submission of #7 MOTION for Relief of Order Denying Emergency Motion to Stay, to Magistrate Judge Walter E. Johnson. (jpa) |
| Clerk's Certificate of Mailing as to Christopher Earl Peek re #9 REPORT AND RECOMMENDATION and #10 Order for Service of Report and Recommendation. (klb) |
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Filing 10
ORDER for Service of #9 Report and Recommendation by Magistrate Judge Walter E. Johnson. 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 Walter E. Johnson on 9/3/19. (klb)
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Filing 9
REPORT AND RECOMMENDATION - the undersigned RECOMMENDS that plaintiff's ECOA, FDCPA, and FCRA claims be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915(e)(2) for failure to state a claim upon which relief can be granted. Likewise, the undersigned RECOMMENDS that plaintiff's redundant declaratory judgment claim be DISMISSED AS MOOT. Finally, the undersigned RECOMMENDS that plaintiff be allowed to proceed on his RESPA claims. If this Report and Recommendation is adopted, the District Judge can return this matter to the undersigned for an order regarding service of process. Signed by Magistrate Judge Walter E. Johnson on 9/3/19. (klb)
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| Filing 8 NOTICE Of Filing Praecipe by Christopher Earl Peek. (rjs) |
| Filing 7 MOTION for Relief of Order Denying Emergency Motion to Stay by Christopher Earl Peek. (jpa) (Additional attachment(s) added on 8/21/2019: #1 Corrected Main Document) (jpa). |
| Submission of #3 Complaint, to Magistrate Judge Walter E. Johnson. (jpa) |
| CASE REFERRED to Magistrate Judge Walter E. Johnson. (jpa) |
| Clerk's Certificate of Mailing as to Christopher Earl Peek re #6 Order on Motion for Hearing. Received copy at the intake desk. (jpa) |
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Filing 6
ORDER denying #4 Motion to stay Foreclosure proceedings pending a hearing on Merits of complaint. Furthermore, because Plaintiff's Complaint appears to involve allegations that Defendant violated RESP A, ECOA, and FDCP A, the Court DIRECTS the Clerk to refer this action to the next available Magistrate Judge pursuant to Standing Order 18-01. Signed by Judge Eleanor L. Ross on 8/20/19. (jpa)
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| Clerk's Certificate of Mailing as to Christopher Earl Peek re #5 Order. (jpa) |
| Filing 5 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. Signed by Judge Eleanor L. Ross on 8/15/19. (jpa) |
| Clerk's Certificate of Mailing as to Christopher Earl Peek re #2 Order. (klb) |
| Submission of #4 MOTION for Hearing, #3 Complaint, for frviolity, to District Judge Eleanor L. Ross. (klb) |
| Filing 4 EMERGENCY MOTION to Stay Foreclosure Proceedings Pending a Hearing on Merits of Complaint by Christopher Earl Peek. (klb) |
| Filing 3 COMPLAINT with Jury Demand filed by Christopher Earl Peek. (Attachments: #1 Civil Cover Sheet, #2 Letter)(klb) 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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Filing 2
ORDER granting #1 Application for Leave to Proceed in forma pauperis. It is further ORDERED that service of process shall not issue at this time. The Clerk is DIRECTED to submit this case to the District Court for a frivolity determination pursuant to 28 U.S.C. 1915. Signed by Magistrate Judge Walter E. Johnson on 8/15/19. (klb)
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| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Walter E. Johnson. (jpa) |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Christopher Earl Peek. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Motion, #4 Letter)(jpa) |
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