Urquhart v. Vandyk Mortgage Corporation, Et Al et al
| Brandon Urquhart |
| Vandyk Mortgage Corporation, Et Al, Diane Schupbach, James Beebe, Jeanie Nivison, Justin McDowell, Pennymac Loan Services, LLC, Et Al, Ninga Nightengale, David A. Spector, Daniel S. Perotti, Javier Alcala, Fannie Mae Et Al, Hugh R. Frater and Chryssa C. Halley |
| 1:2022cv00823 |
| February 25, 2022 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| J Clay Fuller |
| Charles A Pannell |
| Real Property: Other |
| 28 U.S.C. § 1446 Notice of Removal - (Other Contract) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 SECOND AMENDED MOTION for Summary Judgment by Brandon Urquhart. (dob) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 41 OBJECTIONS to #37 Report and Recommendation Titled: Motion to Not Confirm filed by Brandon Urquhart. (dob) |
| Filing 40 MOTION for Leave to File Amended Complaintby Brandon Urquhart. (dob) |
| Filing 39 FIRST AMENDED MOTION for Summary Judgment by Brandon Urquhart. (dob) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
Filing 38
ORDER for Service of #37 Final Report and Recommendation, by Magistrate Judge J. Clay Fuller. 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 J. Clay Fuller on 4/14/2022. (dob)
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| Filing 37 FINAL REPORT AND RECOMMENDATION recommending #1 Notice of Removal,, filed by Chryssa C. Halley, Hugh R. Frater, David A. Spector, Javier Alcala, Daniel S. Perotti, Ninga Nightengale, Fannie Mae Et Al, Pennymac Loan Services, LLC, Et Al be dismissed with prejudice. Signed by Magistrate Judge J. Clay Fuller on 4/14/2022. (dob) |
| FINAL REPORT AND RECOMMENDATION recommending #5 MOTION to Dismiss filed by Pennymac Loan Services, LLC, Et Al be granted; recommending #36 MOTION for Summary Judgment filed by Brandon Urquhart, #34 MOTION to Enforce Bank Accepte Debt Payoff Security filed by Brandon Urquhart, #2 MOTION to Enforce bank accepted debt payoff security filed by Brandon Urquhart be denied as found in #37 Report and Recommendation. Signed by Magistrate Judge J. Clay Fuller on 4/14/2022. (dob) |
| Clerk's Certificate of Mailing as to Brandon Urquhart re #37 FINAL REPORT AND RECOMMENDATION re #1 Notice of Removal,, filed by Chryssa C. Halley, Hugh R. Frater, David A. Spector, Javier Alcala, Daniel S. Perotti, Ninga Nightengale, Fannie Mae Et Al, Pennymac Loan Services, LLC, Et Al, #38 Order for Service of Report and Recommendation,. (dob) |
| Filing 36 MOTION for Summary Judgment by Brandon Urquhart. (dob) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 35 Withdrawal of Motion #20 MOTION for Default Judgment filed by Brandon Urquhart filed by Brandon Urquhart. (dob) |
| Filing 34 MOTION to Enforce Bank Accepted Debt Payoff Security by Brandon Urquhart. (dob) |
| Clerks Notation re #23 Certificate of Interested Persons reviewed by Mark H. Cohen. (lme) |
| Submission of #20 MOTION for Default Judgment, to Magistrate Judge J. Clay Fuller. (clk) |
| Filing 33 RESPONSE in Opposition re #20 MOTION for Default Judgment filed by James Beebe, Justin McDowell, Jeanie Nivison, Diane Schupbach, Vandyk Mortgage Corporation, Et Al. (Klein, David) |
| Filing 32 RESPONSE in Opposition re #20 MOTION for Default Judgment filed by Pennymac Loan Services, LLC, Et Al. (Flynn, Steven) |
| Filing 31 NOTICE Of Filing Letter to Magistrate Judge by Brandon Urquhart. (dob) |
| Filing 30 AMENDED NOTICE Of Filing Memo in Support of Complaint by Brandon Urquhart. (dob) |
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Filing 29
ORDER denying #18 Motion for Bid Bond; denying #24 Motion for Bid Bond. Signed by Magistrate Judge J. Clay Fuller on 3/23/2022. (dob)
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| Submission of MOTION to Dismiss, to Magistrate Judge J. Clay Fuller. (dob) |
| Clerk's Certificate of Mailing as to Brandon Urquhart re #29 Order on Motion for Bond,. (dob) |
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Filing 22
ORDER denying re #21 Request for Production filed by Brandon Urquhart. Defendants are not required to respond to Plaintiffs request for production. If any of Plaintiffs claims remain after the Court rules on Defendants motions to dismiss, the Court will issue an Order concerning the discovery period. In the meantime, discovery and other deadlines remain STAYED until the Court provides further direction. Signed by Magistrate Judge J. Clay Fuller on 3/22/2022. (dob)
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| Clerk's Certificate of Mailing as to Brandon Urquhart re #22 Order. (dob) |
| Clerks Notation re #17 Certificate of Interested Persons reviewed and approved by Mark H. Cohen. (lme) |
| Filing 28 NOTICE Of Filing Memo in Support of Complaint by Brandon Urquhart re #1 Notice of Removal. (dob) |
| Filing 27 RESPONSE Titled: Motion re #6 MOTION to Stay Discovery and Pretrial Deadlines filed by Brandon Urquhart. (dob) |
| Filing 26 RESPONSE Titled: Motion re 8 Notice of Joinder, filed by Brandon Urquhart.(dob) |
| Filing 25 RESPONSE Titled: Motion re #9 Certificate of Interested Persons filed by Brandon Urquhart. (dob) |
| Filing 24 MOTION for Bid Bond by Brandon Urquhart. (dob) |
| Filing 23 Certificate of Interested Persons by Brandon Urquhart. (dob) |
| Filing 21 Request for Production by Brandon Urquhart.(dob) |
| Filing 20 MOTION for Default Judgment by Brandon Urquhart. (dob) Modified on 3/21/2022 to edit date filed (dob). |
| Filing 19 RESPONSE Titled: Motion re #8 Notice of Joinder, filed by Brandon Urquhart. (dob) |
| Filing 18 MOTION for Bid Bond by Brandon Urquhart. (dob) |
| Filing 17 Certificate of Interested Persons by Brandon Urquhart. (dob) |
| Filing 16 RESPONSE Titled: Motion re #9 Certificate of Interested Persons filed by Brandon Urquhart. (dob) |
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Filing 15
ORDER denying #13 Motion for Reconsideration. Discovery and other deadlines remain stayed until the Court provides further direction. Signed by Magistrate Judge J. Clay Fuller on 3/14/2022. (dob)
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| Submission of #2 MOTION to Enforce bank accepted debt payoff security, to Magistrate Judge J. Clay Fuller. (clk) |
| Clerk's Certificate of Mailing as to Brandon Urquhart re #15 Order on Motion for Reconsideration. (dob) |
| Filing 14 RESPONSE in Opposition re #2 MOTION to Enforce bank accepted debt payoff security [ECF Doc. 2] filed by Pennymac Loan Services, LLC, Et Al. (Flynn, Steven) |
| Filing 13 Court Construes Document as Motion for Consideration per Order No 15 RESPONSE in Opposition Titled: Motion re #6 MOTION to Stay Discovery and Pretrial Deadlines filed by Brandon Urquhart. (dob) Modified on 3/14/2022 (dob). Modified on 3/14/2022 (dob). |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Mark H. Cohen for all further proceedings. Judge Charles A. Pannell, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:22-cv-00823-MHC. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Charles A. Pannell, Jr. on 3/10/2022. (tcc)
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| Clerk's Certificate of Mailing as to Brandon Urquhart re #12 Order Reassigning Case. (tcc) |
| Filing 11 Return of Service Executed by Brandon Urquhart. Javier Alcala served on 1/13/2022, answer due 2/3/2022; James Beebe served on 1/26/2022, answer due 2/16/2022; Hugh R. Frater served on 1/20/2022, answer due 2/10/2022; Chryssa C. Halley served on 1/20/2022, answer due 2/10/2022; Fannie Mae Et Al served on 1/13/2022, answer due 2/3/2022; Justin McDowell served on 1/26/2022, answer due 2/16/2022; Ninga Nightengale served on 1/13/2022, answer due 2/3/2022; Jeanie Nivison served on 1/26/2022, answer due 2/16/2022; Pennymac Loan Services, LLC, Et Al served on 2/22/2022, answer due 3/15/2022; Daniel S. Perotti served on 1/13/2022, answer due 2/3/2022; Diane Schupbach served on 1/26/2022, answer due 2/16/2022; David A. Spector served on 1/13/2022, answer due 2/3/2022; Vandyk Mortgage Corporation, Et Al served on 1/13/2022, answer due 2/3/2022. (kxm) |
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Filing 10
ORDER granting #6 Motion to Stay and adopted Motion to Stay. Defendants are directed to file an answer to Plaintiffs complaint within 14 days of the District Judges ruling on the pending motion to dismiss pursuant to FED. R. CIV. P. 12(a)(4)(A) provided that ruling does not resolve this action in its entirety. Commencement of the discovery period in this action and the deadlines for all parties to file the Preliminary Report and Discovery Plan as required by FED. R. CIV. P. 16 and 26 and LR 16.2, NDGa. and serving the Initial Disclosures pursuant to FED. R. CIV. P. 26 and LR 26.1, NDGa. are stayed until 30 days after the defendants file an answer to Plaintiffs complaint. Plaintiff is further ORDERED to file a Certificate of Interested Persons required by L.R. 303. NDGA no later than seven days from the date of this Order. Signed by Magistrate Judge J. Clay Fuller on 3/7/2022. (clk)
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| (See Docs. 5 and 6) ADOPTED MOTION to Dismiss and MOTION to Stay discovery and pretrial filing deadlines by James Beebe, Justin McDowell, Jeanie Nivison, Diane Schupbach, Vandyk Mortgage Corporation, Et Al. (clk) |
| Clerk's Certificate of Mailing as to Brandon Urquhart re #10 Order on Motion to Stay. (clk) |
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(Minute entry) ORDER construing the #8 Notice filed by Jeanie Nivison, Vandyk Mortgage Corporation, Et Al, James Beebe, Diane Schupbach as a motion to adopt the #5 MOTION to Dismiss and #6 MOTION to Stay Discovery and Pretrial Deadlines filed by Pennymac Loan Services, LLC, Et Al and granting the same. Signed by Magistrate Judge J. Clay Fuller on 3/7/2022. (clk)
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| Filing 9 Certificate of Interested Persons by James Beebe, Justin McDowell, Jeanie Nivison, Diane Schupbach, Vandyk Mortgage Corporation, Et Al. (Klein, David) |
| Filing 8 NOTICE by James Beebe, Jeanie Nivison, Diane Schupbach, Vandyk Mortgage Corporation, Et Al re #6 MOTION to Stay Discovery and Pretrial Deadlines, #5 MOTION to Dismiss (Notice of Joinder to Motion to Dismiss and Motion to Stay Discovery and Pretrial Deadlines) (Klein, David) |
| Filing 7 Certificate of Interested Persons and Corporate Disclosure Statement by Pennymac Loan Services, LLC, Et Al identifying Corporate Parent PennyMac Financial Services, Inc., Corporate Parent Private National Mortgage Acceptance Company LLC, Corporate Parent PNMAC Holdings, Inc., Other Affiliate HC Partners, LLC for Pennymac Loan Services, LLC, Et Al. (Flynn, Steven) |
| Filing 6 MOTION to Stay Discovery and Pretrial Deadlines with Brief In Support by Pennymac Loan Services, LLC, Et Al. (Attachments: #1 Memorandum of Law in Support of Motion to Stay, #2 Text of Proposed Order Granting Motion to Stay)(Flynn, Steven) |
| Filing 5 MOTION to Dismiss with Brief In Support by Pennymac Loan Services, LLC, Et Al. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss)(Flynn, Steven) |
| Filing 4 NOTICE to Pro Se Parties. Signed by Magistrate Judge J. Clay Fuller on 3/1/22. (bnw) |
| Clerk's Certificate of Mailing as to Brandon Urquhart re #4 Notice to Pro Se Parties. (bnw) |
| Filing 3 NOTICE of Appearance by David S. Klein on behalf of James Beebe, Justin McDowell, Jeanie Nivison, Diane Schupbach, Vandyk Mortgage Corporation, Et Al (Klein, David) |
| Filing 2 MOTION to Enforce bank accepted debt payoff security by Brandon Urquhart. (cavc) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Hugh R. Frater, Chryssa C. Halley, Pennymac Loan Services, LLC, Et Al, Fannie Mae Et Al, Javier Alcala, Ninga Nightengale, Daniel S. Perotti, David A. Spector. (Filing fee $ 402 receipt number CGANDC-11618647) (Attachments: #1 Exhibit Superior Court Filings, #2 Exhibit Consent to Removal, #3 Civil Cover Sheet)(cavc) 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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