Durham v. Aerial Funding, LLC
Plaintiff: Richard Durham
Defendant: Aerial Funding, LLC
Case Number: 1:2020cv04035
Filed: September 30, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Timothy C Batten
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 24, 2020 Filing 21 Consent MOTION for Extension of Time re: #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Richard Durham. (Attachments: #1 Text of Proposed Order Enlarging the Time Period in Which Plaintiff May Respond in Opposition to Defendant's Motion to Dismiss [Doc # 18])(Alembik, Richard)
November 20, 2020 Opinion or Order Filing 20 ORDER granting #19 Motion to Stay. Discovery and Pretrial Deadlines are stayed pending ruling on the Motion to Dismiss. See order for additional details. Signed by Judge Timothy C. Batten, Sr. on 11/20/2020. (dmb)
November 18, 2020 Filing 19 Joint MOTION to Stay Discovery and Pretrial Deadlines Pending Ruling on Defendants Motion to Dismiss with Brief In Support by Richard Durham. (Attachments: #1 Text of Proposed Order Staying Discovery and Pretrial Deadlines Pending Ruling on Defendants Motion to Dismiss)(Alembik, Richard)
November 12, 2020 Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Aerial Funding, LLC. (Goldberg, Brian)
November 4, 2020 Clerks Notation re #17 Certificate of Interested Persons. Reviewed and approved by Judge Timothy C. Batten, Sr. (usw)
November 2, 2020 Filing 17 Certificate of Interested Persons by Richard Durham. (Alembik, Richard)
November 2, 2020 Opinion or Order Filing 16 ORDER denying as moot #11 Motion to Dismiss for Failure to State a Claim; granting #12 Motion to Stay. The parties' Rule 26(f) conference, initial disclosures, and joint preliminary report and discovery plan must be completed by 11/23/2020. Signed by Judge Timothy C. Batten, Sr. on 11/2/2020. (dmb)
October 29, 2020 Filing 15 RESPONSE in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on the Basis of Mootness filed by Richard Durham. (Alembik, Richard)
October 29, 2020 Filing 14 First AMENDED COMPLAINT and Jury Demand against Aerial Funding, LLCwith Jury Demand filed by Richard Durham. (Attachments: #1 Exhibit "A" -- Modification Agreement)(Alembik, Richard) 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.
October 26, 2020 Filing 13 Certification of Consent to Substitution of Counsel. Richard S. Alembik replacing attorney Carol Virginia Clark and Patrick Andrew Garcia. (Attachments: #1 Exhibit Plaintiff's Certificate of Consent to Withdrawal of Counsel of Record)(Alembik, Richard)
October 15, 2020 Filing 12 MOTION to Stay Discovery by Aerial Funding, LLC. (Attachments: #1 Exhibit Ex. A. Proposed Order)(Goldberg, Brian)
October 15, 2020 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Aerial Funding, LLC. (Attachments: #1 Exhibit Ex. A Deed Under Power)(Goldberg, Brian)
October 5, 2020 Filing 10 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Motion Hearing held on 10/5/2020 re #3 MOTION for Temporary Restraining Order and #4 MOTION for Hearing re #3 MOTION for Temporary Restraining Order filed by Richard Durham. (Court Reporter Lori Burgess)(dmb)
October 5, 2020 Opinion or Order Filing 9 ORDER DENYING #3 Motion for a temporary TRO and GRANTING #4 Motion for Hearing. Hearing was held on 10/05/2020 at 3 p.m. Signed by Judge Timothy C. Batten, Sr. on 10/05/2020. (usw)
October 2, 2020 Filing 8 REPLY to Response to Motion re #4 MOTION for Hearing re #3 MOTION for Temporary Restraining Order filed by Richard Durham. (Attachments: #1 Exhibit Loan Modification)(Garcia, Patrick)
October 2, 2020 Filing 7 NOTICE of Appearance by Patrick Andrew Garcia on behalf of Richard Durham (Garcia, Patrick)
October 2, 2020 Filing 6 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order filed by Aerial Funding, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O)(Goldberg, Brian)
September 30, 2020 Opinion or Order Filing 5 EIGHTH 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 9/28/2020. (dmb)
September 30, 2020 Filing 4 MOTION for Hearing re #3 MOTION for Temporary Restraining Order by Richard Durham. (dmb)
September 30, 2020 Filing 3 MOTION for Temporary Restraining Order by Richard Durham. (Attachments: #1 Text of Proposed Order)(dmb)
September 30, 2020 Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Aerial Funding, LLC identifying Corporate Parent Silent Running, LP for Aerial Funding, LLC. (Goldberg, Brian)
September 30, 2020 Filing 1 TRO NOTICE OF REMOVAL with COMPLAINT. (Filing fee $ 400 receipt number AGANDC-10208486) filed by Aerial Funding, LLC. (Attachments: #1 Civil Cover Sheet)(dmb) 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.
September 30, 2020 Submission of #3 MOTION for Temporary Restraining Order to District Judge Timothy C. Batten Sr. (dmb)

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Defendant: Aerial Funding, LLC
Represented By: Brian Stephen Goldberg
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Plaintiff: Richard Durham
Represented By: Carol Virginia Clark
Represented By: Patrick Andrew Garcia
Represented By: Richard S. Alembik
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