Kimball v. Fifth Third Mortgage Co.
| Donald H. Kimball |
| Fifth Third Mortgage Co. |
| 4:2018cv00228 |
| October 19, 2018 |
| US District Court for the Northern District of Georgia |
| Walter E Johnson |
| Harold L Murphy |
| Real Property: Foreclosure |
| 28:l332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Clerk's Entry of Dismissal APPROVING #9 Notice of Voluntary Dismissal with prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). The Patties shall bear their own costs. (bjh) (bjh). |
| Civil Case Terminated. Magistrate Judge Walter E. Johnson terminated from case. (bjh) |
| Clerk's Certificate of Mailing as to Donald H. Kimball re #10 Clerks Entry of Dismissal. (bjh) |
| Filing 9 NOTICE of Voluntary Dismissal Stipulation of Dismissal With Prejudice filed by Fifth Third Mortgage Co. (Levy, Brian) |
Filing 8
ORDER granting #6 Motion for Extension of Time to Respond to Complaint and to Stay Proceedings Pending Final Adjudication of State Court Action. The time within which Fifth Third may respond to the Complaint is extended until fourteen (14) days after the date the remittitur is transmitted to the Superior Court of Paulding County, Georgia, the State Court Action. IT IS HEREBY FURTHER ORDERED that this action is stayed in its entirety pending Fifth Third filing its response to the Compliant, at which time this matter shall proceed in accordance with the deadlines set forth in the Federal Rules of Civil Procedure and the Local Rules of this Court. Signed by Magistrate Judge Walter E. Johnson on 12/4/18. (klb)
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| Filing 7 NOTICE of Appearance by Tala Amirfazli on behalf of Fifth Third Mortgage Co. (Amirfazli, Tala) |
| Clerk's Certificate of Mailing as to Donald H. Kimball re #8 Order. (klb) |
| Filing 6 MOTION for Extension of Time File response re: #1 Complaint, and Stay Proceedings Pending Final Adjudication of State Court Action, MOTION for Extension of Time to File Answer by Fifth Third Mortgage Co. (Attachments: #1 Exhibit Docket, #2 Exhibit Fourth Amended Complaint, #3 Exhibit Order Granting MSJ and Renewed MSJ, #4 Exhibit COA Docket, #5 Exhibit Appeal Order, #6 Exhibit Notice of Intent of Filing Petition of Writ of Certiorary in Supreme Court of Georgia, #7 Exhibit Proposed Order)(Levy, Brian) . Added MOTION to Stay on 12/4/2018 (bjh). |
| Filing 5 Return of Service Executed by Donald H. Kimball. Fifth Third Mortgage Co. served on 11/12/2018, answer due 12/3/2018. (bjh) |
| Filing 4 Summons Reissued as to Fifth Third Mortgage Co. (bjh) |
| Clerk's Certificate of Mailing as to Donald H. Kimball re #4 Summons Reissued. (bjh) |
| Filing 3 Summons Issued as to Fifth Third Mortgage Co. (bjh) |
| Filing Fee Paid: $ 400.00, receipt number GAN400004661. (dob) |
| Clerk's Certificate of Mailing as to Donald H. Kimball re #3 Summons Issued. (bjh) |
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Filing 2
ORDER - This matter is before the Court on plaintiff Donald H. Kimball's Complaint #1 filed October 19, 2018. Plaintiff submitted the Complaint to the Clerk of Court via UPS and included a personal check for $400 to pay the filing fee. The Clerk, however, can only accept a money order, a cashiers check, or exact cash (in person). Therefore, the Clerk has returned plaintiffs personal check to him, and the Court DIRECTS plaintiff to pay the filing fee via one of the above acceptable methods on or before October 24, 2018, or to submit an affidavit of indigency if he cannot do so. The Court cautions plaintiff that failure to comply with this Order will result in a recommendation that this case be dismissed. Signed by Magistrate Judge Walter E. Johnson on 10/19/18. (klb)
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| Filing 1 COMPLAINT with Jury Demand filed by Donald H. Kimball. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter, #3 Summons)(bjh) 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. |
| Submission of #1 Complaint re filing fee (personal check ret'd to sender) to Magistrate Judge Walter E. Johnson. (bjh) |
| Remark: Per request from Magistrate's CRD, Clerk phoned Plaintiff and Plaintiff has agreed to pay the filing fee as soon as possible. (bjh) |
| Clerk's Certificate of Mailing as to Donald H. Kimball re #2 Order. (klb) |
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| Plaintiff: Donald H. Kimball | |
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| Defendant: Fifth Third Mortgage Co. | |
| Represented By: | Tala Amirfazli |
| Represented By: | Brian Joel Levy |
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