Teverbaugh v. First Guaranty Mortgage Corp. et al
| Ava Teverbaugh |
| First Guaranty Mortgage Corp., Rushmore Loan Management Services and Fay Servicing, LLC |
| 1:2019cv05485 |
| August 14, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Other Statutes: Arbitration |
| 9 U.S.C. § 9 |
| None |
Docket Report
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| Filing 40 MINUTE entry before the Honorable Edmond E. Chang: Adverse judicial decisions are almost never by themselves a proper basis for a recusal based on bias. Liteky v. United States, 510 U.S. 540, 555 (1994). On that basis, Plaintiff's motions #32 #38 to recuse are denied. Emailed notice (slb, ) |
| Filing 39 SUPPLEMENTAL NOTICE of Motion by Ava Teverbaugh for presentment of motion to disqualify judge #38 before Honorable Edmond E. Chang on 9/5/2019 at 09:00 AM. (Teverbaugh, Ava) |
| Filing 38 MOTION by Petitioner Ava Teverbaugh to disqualify judge Supplemental Motion (Attachments: #1 Exhibit)(Teverbaugh, Ava) |
| Filing 37 DOCKETING Statement by Ava Teverbaugh regarding notice of appeal #21 (Attachments: #1 Notice of Filing)(Teverbaugh, Ava) |
| Filing 36 NOTICE by Ava Teverbaugh (Teverbaugh, Ava) |
| Filing 35 DOCKETING Statement by Ava Teverbaugh regarding notice of appeal #21 (Teverbaugh, Ava) |
| Filing 34 CIRCUIT Rule 3(b) Fee Notice (mma, ) |
| Filing 33 NOTICE of Motion by Ava Teverbaugh for presentment of motion for miscellaneous relief #32 before Honorable Edmond E. Chang on 9/5/2019 at 09:00 AM. (Teverbaugh, Ava) |
| Filing 32 MOTION by Petitioner Ava Teverbaughfor Peremptory (Teverbaugh, Ava) |
Filing 31
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion #19 to reconsider and the motion #22 to proceed in forma pauperis are denied. Status hearing of 09/19/2019 is vacated. The motion #29 to continue the status hearing is terminated as unnecessary. Emailed notice(slb, )
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| Filing 30 NOTICE of Motion by Ava Teverbaugh for presentment of motion to continue #29 before Honorable Edmond E. Chang on 9/3/2019 at 09:00 AM. (Teverbaugh, Ava) |
| Filing 29 MOTION by Petitioner Ava Teverbaugh to continue (Teverbaugh, Ava) |
| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: The Court takes Petitioner's motion #19 to reconsider (essentially a motion to alter the judgment under Rule 59(e)), R. 19, under advisement (Respondent filed a response and Petitioner replied, so the motion is fully briefed). The hearing of 08/26/2019 is reset to 09/19/2019 at 9:00 AM.Emailed notice (slb, ) |
| Filing 27 RESPONSE by Petitioner Ava Teverbaugh to response in opposition to motion #25 (Teverbaugh, Ava) |
| Filing 26 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #21 ; USCA Case No. 19-2624. (kp, ) |
| Filing 25 RESPONSE by Fay Servicing, LLC, First Guaranty Mortgage Corp.in Opposition to MOTION by Petitioner Ava TeverbaughTo Reconsider #19 (Nusgart, Jonathan) |
| Filing 24 TRANSMITTED to the 7th Circuit the short record on notice of appeal #21 . Notified counsel (sxb, ) |
| Filing 23 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #21 (sxb, ) |
| Filing 22 MOTION by Petitioner Ava Teverbaugh for leave to appeal in forma pauperis (sxb, ) |
| Filing 21 NOTICE of appeal by Ava Teverbaugh regarding orders #17 (sxb, ) |
| Filing 20 NOTICE of Motion by Ava Teverbaugh for presentment of motion for miscellaneous relief #19 before Honorable Edmond E. Chang on 8/26/2019 at 08:30 AM. (Teverbaugh, Ava) |
| Filing 19 MOTION by Petitioner Ava TeverbaughTo Reconsider (Teverbaugh, Ava) |
| Filing 18 ENTERED JUDGMENT on 08/20/2019:Emailed notice(slb, ) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Petitioner's motion to confirm arbitration award #1 . As discussed during the hearing, the motion to confirm arbitration award #1 is denied. It is true that, under the Federal Arbitration Act, a party may seek confirmation of an arbitration award in federal court. 9 U.S.C. 9. So subject matter jurisdiction is secure under the federal question statute. 28 U.S.C. 1331. But the "agreement" referred to in Section 9 clearly requires a "written" agreement to arbitrate. 9 U.S.C. 2 ("written provision"), 4 ("written agreement"). The exhibits attached to the brief in support of the motion, R. 4, on their face do not qualify as written agreements by any of the Respondents to arbitrate. Petitioner argued that silence equals acceptance, but that is simply wrong under the Federal Arbitration Act: there must be a written agreement to arbitrate. The motion is meritless and it is denied. This order satisfies the request #13 filed by Petitioner after the hearing for a written explanation of the motion's denial. So R. 13 is terminated as unnecessary. A separate AO-450 judgment will be entered. Civil case terminated.Emailed notice (slb, ) |
| Filing 16 CERTIFICATE of Service by Ava Teverbaugh (Teverbaugh, Ava) |
| Filing 15 NOTICE of Motion by Ava Teverbaugh for presentment of Motion for Interpleader Disbursement (28 U.S.C. Section 1335) #13 before Honorable Edmond E. Chang on 8/27/2019 at 08:30 AM. (Teverbaugh, Ava) |
| Filing 14 NOTICE by Ava Teverbaugh (Teverbaugh, Ava) |
| Filing 13 MOTION to present finding of fact and conclusions of law filed by Ava Terverbaugh. (Attachments: #1 Notice of Filing certificate of filing and notice)(Teverbaugh, Ava) Docket Text Modified by Clerk's Office on 8/20/2019 (jh, ). |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the motion hearing at 8:30 a.m. is reset to 9 a.m on the same date, 08/20/2019.Emailed notice (slb, ) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang:On the Court's own initiative, the motion hearing at 8:30 a.m. is reset to 9 a.m on the same date, 08/20/2019.Emailed notice (slb, ) |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fay Servicing, LLC, First Guaranty Mortgage Corp. (Nusgart, Jonathan) |
| Filing 9 ATTORNEY Appearance for Respondents Fay Servicing, LLC, First Guaranty Mortgage Corp. by Craig C. Smith (Smith, Craig) |
| Filing 8 ATTORNEY Appearance for Respondents Fay Servicing, LLC, First Guaranty Mortgage Corp. by Michael J. Weik (Weik, Michael) |
| Filing 7 ATTORNEY Appearance for Respondents Fay Servicing, LLC, First Guaranty Mortgage Corp. by Jonathan Daniel Nusgart (Nusgart, Jonathan) |
| ***Civil Case Terminated. (pj, ) |
| Filing 5 NOTICE of Motion by Ava Teverbaugh for presentment of Motion to Confirm Arbitration Award #1 before Honorable Edmond E. Chang on 8/20/2019 at 8:30 AM. (pj, ) |
| Filing 4 MEMORANDUM OF LAW in support of motion to confirm arbitration award (Exhibits) (pj, ) |
| Filing 3 PRO SE Appearance by Petitioner Ava Teverbaugh (pj, ) |
| Filing 2 CIVIL Cover Sheet (pj, ) |
| Filing 1 MOTION TO CONFIRM ARBITRATION AWARD by Ava Teverbaugh (Attachments: #1 Cover Sheet to Motion to Confirm Arbitration Award, #2 Affidavit, #3 Proposed Order)(pj, ) |
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