Wells Fargo Bank Minnesota, National Association v. Johnston
| Wells Fargo Bank Minnesota, National Association |
| Johnston Family Preservation Trust Dated, First National Bank in DeKalb, Ann M. Johnston, Mary Ellen Searcy and Merl L Searcy |
| John Does 1-11, Anaida Mkhitarian, Ocwen Loan Servicing, LLC, Mortgage Electronic Registration System, Inc., MERS Inc and Mortgage Electronic Registration Systems, Inc. |
| Ronald D Johnston |
| 3:2013cv50120 |
| April 4, 2013 |
| US District Court for the Northern District of Illinois |
| Rockford Office |
| De Kalb |
| John Robert Blakey |
| Lisa A Jensen |
| Iain D Johnston |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Mortgage Foreclosure |
| Defendant |
Docket Report
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| Filing 235 MINUTE entry before the Honorable Iain D. Johnston: The Johnston Family Preservation Trust's motion to set aside the judgment #222 is denied. The Trust is not a party to this case and, though this case has been ongoing since 2013, never filed to intervene under Federal Rule of Civil Procedure 24. Furthermore, the Court already explained this to the Trust in its May 5, 2020, order when the Court denied the Trust's previous motion to set aside. Dkt. 220. Finally, Wells Fargo's motion for leave to file a third-amended complaint so that it may add the Trust as a party #231 is also denied. Rule 21 gives this Court the discretion to add parties. But it operates through Rule 15, which governs amendments to the complaint. That Rule's only reference to amendments after entry of judgment is in subsection 15(b)(2), which contemplates amendments to conform the pleadings to the evidence and issues actually litigated at trial. Reynolds v. Tangherlini, 737 F.3d 1093, 1105-06 (7th Cir. 2013). That is not what Wells Fargo asks of this Court. The "issue" Wells Fargo seeks to now conform the complaint to was not "tried" during the summary judgment briefing. The issue that was "tried" through the summary judgment procedure was Ann Johnston's default on the note. The Trust was never identified or mentioned in any of the summary judgment filings. Dkts. 183, 184, 185. Thus, Wells Fargo's request to amend does not remotely fall within the text of Rule 15. But even if the rules permit this Court to add the Trust as a party, the Court declines to do so. This case has been ongoing since April 2013. The Trust had ample opportunity to intervene and Wells Fargo had ample opportunity to join the Trust. And Wells Fargo now moves the Court to join the Trust while simultaneously opposing its motion to set aside on the grounds that the Trust is not a party to the case. As Judge Blakey noted in his May 2020 order, the parties are free to file any suit they deem appropriate to secure their rights in another forum. This case is closed. (yxp, ) |
| Filing 234 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0029: It appearing that Iain D. Johnston has been appointed as a United States District Judge for the Northern District of Illinois, Western Division; therefore IT IS HEREBY ORDERED That the attached list of civil cases are hereby reassigned to form the initial calendar of the Honorable Iain D. Johnston; and It is further ordered that the Fourth Amended General Order 19-0007 -Western Division Reassignment Wheel, be vacated in its entirety and this General Order supersedes it; and It is further ordered the Clerk of Court is to add Judge Johnston's name to the Court's existing civil and criminal case assignment system so that he shall receive a full share of such cases; and It is further ordered that all criminal cases that were assigned and reassigned pursuant to General Order 19-0007 shall remain assigned to the current district judge absent further order of the Court. Case reassigned to the Honorable Iain D. Johnston for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/29/2020.(docket2, ) Modified on 9/30/2020 (yxp, ). |
| Filing 233 MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Plaintiff's motion for leave to join as a Defendant Pacific Rim Trust as trustee for the Johnston family preservation trust and to file third amended complaint to foreclose mortgage #231 . Given the posture of this case and Defendant's pending motion to set aside judgment, #222 , any response or objection to Plaintiff's motion shall be filed on or before 8/24/20, and no reply shall be permitted absent prior leave of court. The Court will rule on all motions, #222 and #231 , in due course and set additional dates as needed. The 8/4/20 notice of motion date is hereby stricken, and the parties need not appear. Mailed notice (gel, ) |
| Filing 232 NOTICE of Motion by Michael Alan Gilman for presentment of motion for leave to file, #231 before Honorable John Robert Blakey on 8/4/2020 at 11:00 AM. (Gilman, Michael) |
| Filing 231 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for leave to file Third Amended Complaint and to Join as a Defendant Pacific Rim as Trustee for The Johnston Family Trust (Attachments: #1 Exhibit 1 - Third Amended Complaint to Foreclose Mortgage and for Other Relief)(Gilman, Michael) |
| Filing 230 RESPONSE by Wells Fargo Bank Minnesota, National Association to MOTION by Defendant Johnston Family Preservation Trust Dated 12/17/12 to set aside judgment #222 (Supplemental Response) (Gilman, Michael) |
| Filing 229 MINUTE entry before the Honorable John Robert Blakey: Defendant's motion for leave to file reply #225 is granted. Additionally, Plaintiff's motion for leave to file supplemental response to Rule 59 Petition #227 is granted. The Court will rule on Defendant's motion to set aside judgment #222 in due course and set additional dates as needed. The 7/16/20 notice of motion date is hereby stricken, and the parties need not appear. Mailed notice (gel, ) |
| Filing 228 NOTICE of Motion by Michael Alan Gilman for presentment of motion for leave to file #227 before Honorable John Robert Blakey on 7/16/2020 at 11:00 AM. (Gilman, Michael) |
| Filing 227 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for leave to file Supplemental Response to Rule 59 Petition (Gilman, Michael) |
| Filing 226 NOTICE by Johnston Family Preservation Trust Dated 12/17/12 re MOTION by Defendant Johnston Family Preservation Trust Dated 12/17/12 for leave to file Reply #225 (Saalfeld, Harold) |
| Filing 225 MOTION by Defendant Johnston Family Preservation Trust Dated 12/17/12 for leave to file Reply (Saalfeld, Harold) |
| Filing 224 RESPONSE by Wells Fargo Bank Minnesota, National Association to MOTION by Defendant Johnston Family Preservation Trust Dated 12/17/12 to set aside judgment #222 (Gilman, Michael) |
| Filing 223 MINUTE entry before the Honorable John Robert Blakey: This Court is in receipt of the Johnston Family Preservation Trust's motion to set aside judgment #222 . Plaintiff shall file a response on or before 6/26/20, and no reply shall be permitted absent prior leave of court. Mailed notice (gel, ) |
| Filing 222 MOTION by Defendant Johnston Family Preservation Trust Dated 12/17/12 to set aside judgment (Attachments: #1 Notice of Filing, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Saalfeld, Harold) |
| Filing 221 ENTERED JUDGMENT Mailed notice(gel, ) |
| Filing 220 MINUTE entry before the Honorable John Robert Blakey: This Court did not receive any response to Plaintiff's Amended Motion to Voluntarily Dismiss Defendants Merl L. Searcy & Mary Ellen Searcy. #210 . Accordingly, pursuant to this Court's previous instruction, #213 , this Court grants Plaintiff's motion and dismisses Defendants Merl L. Searcy & Mary Ellen Searcy with prejudice. This Court, however, denies Plaintiff's Motion to Appoint a Special Commissioner. #215 . Despite numerous attempts, Plaintiff has never provided this Court with any factual basis as to why it should exercise its authority to appoint a special commissioner beyond pointing out that this Court possesses the legal authority to do so and that this Court previously granted summary judgment in Plaintiff's favor. Id. While this Court has no doubt regarding its authority to appoint a special commissioner, it currently has no factual basis as to why it should so exercise its authority Among other questions: What is the need or cause for the appointment? What would the necessary duties or responsibilities be of such a commissioner? Once again the motion lacks any factual basis for the request, and in line with this Court's prior instruction, #213 , Plaintiff's request fails. Next, this Court turns to Plaintiff's Motion for Entry of Judgment of Foreclosure and Sale. #216 . This Court previously denied Plaintiff's earlier motion, and requested instead that Plaintiff submit an amended complaint establishing the citizenship of Defendants Merl L. Searcy & Mary Ellen Searcy in order for this Court to ensure this Court maintained subject matter jurisdiction. #201 . Alternatively, this Court advised Plaintiff to seek to voluntarily dismiss the Defendants. Id. Because this Court has now granted Plaintiff's motion to voluntarily dismiss Defendants Merl L. Searcy & Mary Ellen Searcy, it now grants Plaintiff's Motion for Entry of Judgment of Foreclosure and Sale. #216 . Finally, this Court addresses the Johnston Family Preservation Trust's Petition to Set Aside. #219 . As the Johnston Family Preservation Trust acknowledges in its petition, it is not a party to this case. Id. 5. It also did not move to intervene, likely because such a motion would face an uphill battle where this case has been ongoing since 2013 and such an extreme delay in waiting to intervene would be highly prejudicial. People Who Care v. Rockford Bd. of Educ., 68 F.3d 172, 176 (7th Cir. 1995). As such, this Court need not prolong this case to resolve a non-party motion. Johnston Family Preservation Trust may certainly file any suit it deems appropriate to secure its legal rights in another forum. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice (gel, ) |
| Filing 219 NOTICE by Johnston Family Preservation Trust Dated 12/17/12 of Filing Petition to Set Aside all Judgments, Defaults, Sale Orders for Want of Jurisdiction (Saalfeld, Harold) |
| Filing 218 ATTORNEY Appearance for Defendant Johnston Family Preservation Trust Dated 12/17/12 by Harold Marc Saalfeld (Saalfeld, Harold) |
| Filing 217 NOTICE of Motion by Alexander Brian Potestivo for presentment of motion for judgment,, #216 , motion to appoint special commissioner, #215 before Honorable John Robert Blakey on 6/26/2020 at 01:00 PM. (Attachments: #1 Certificate of Service)(Potestivo, Alexander) |
| Filing 216 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for judgment of foreclosure and sale pursuant to the order entered March 2, 2020 (Attachments: #1 Exhibit 1 Notification of Docket Entry, Document 199, #2 Exhibit 2 Order, Document 200, #3 Exhibit 3 Notification of Docket Entry, Document 201, #4 Exhibit 4 Proposed Order of Judgment of Foreclosure and Sale, #5 Exhibit 5 Affidavit of Amounts Due and Owing, #6 Exhibit 6 Certificate of Prove-up of Foreclosure Fees and Costs, #7 Exhibit 7 Plaintiff's Military Affidavit)(Potestivo, Alexander) |
| Filing 215 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association to appoint special commissioner (Attachments: #1 Exhibit 1 Notification of Docket Entry, Document 199, #2 Exhibit 2 Order, Document 200, #3 Exhibit 3 Proposed Order of Judgment of Foreclosure and Sale, #4 Exhibit 4 Proposed Order)(Potestivo, Alexander) |
Filing 214
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket10, )
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| Filing 213 MINUTE entry before the Honorable John Robert Blakey: Plaintiff's Amended Motion to Voluntarily Dismiss, #210 , is taken under advisement. Defendants Merl L. Searcy & Mary Ellen Searcy have until April 30, 2020 to file any response. Absent any response, this Court will dismiss Defendants Merl L. Searcy & Mary Ellen Searcy with prejudice under 735 ILCS 5/15-1506 given the late stage in this litigation. This Court is also in receipt of Thomas J. Laz' Motion for Leave to Withdraw as Attorney for Defendant #204 . That motion is denied without prejudice and may be reasserted once Defendant's substitute counsel files an appearance. Finally, this Court denies without prejudice Plaintiff's Motion to Appoint a Special Commissioner #207 . Although Plaintiff identifies the legal authority establishing that this Court may appoint a special commissioner, Plaintiff again fails to identify facts it believes show that this Court should appoint a special commissioner. Should Plaintiff choose to file a third motion to appoint a special commissioner, it must do so by April 30, 2020. If Plaintiff again fails to identify a specific factual basis as to why this Court should use its authority to appoint a special commissioner, this Court will deny that motion with prejudice. Motion hearing set for 6/26/2020 is stricken. Mailed notice (gel, ) |
| Filing 211 NOTICE of Correction regarding MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association TO VOLUNTARILY DISMISS MERL L. SEARCY & MARY ELLEN SEARCY #208 (ecw, ) |
| Filing 210 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association Amended MOTION TO VOLUNTARILY DISMISS MERL L. SEARCY & MARY ELLEN SEARCY (Potestivo, Alexander) |
| Filing 209 NOTICE of Motion by Alexander Brian Potestivo for presentment of motion for miscellaneous relief #210 , motion to appoint special commissioner #207 before Honorable John Robert Blakey on 6/26/2020 at 01:00 PM. (Attachments: #1 Certificate of Service)(Potestivo, Alexander) (Docket text modified by Clerks Office) (ecw, ). |
| Filing 208 MOTION by Plaintiff Wells Fargo Bank Minnesota, National AssociationTO VOLUNTARILY DISMISS MERL L. SEARCY & MARY ELLEN SEARCY (Potestivo, Alexander) (Incorrect PDF attached - docket text modified by Clerks Office) (ecw, ). |
| Filing 207 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association to appoint special commissioner (Potestivo, Alexander) |
| Filing 205 MINUTE entry before the Honorable Lisa A. Jensen: Attorney Thomas Laz's motion to withdraw for Defendant #204 is entered and continued until new counsel files an appearance. Mailed notice (jk, ) |
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Filing 212
ORDER CORRECTED ENTRY: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice...Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020:Mailed notice(docket7, )
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| Filing 204 MOTION by Attorney Thomas Laz to withdraw as attorney for Ann M. Johnston. No party information provided (Laz, Thomas) |
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Filing 206
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/23/2020: Mailed notice. (docket7, )
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Filing 203
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (tg, )
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| Filing 202 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Alexander Brian Potestivo (Potestivo, Alexander) |
| Filing 201 MINUTE entry before the Honorable John Robert Blakey: Plaintiff's motion for default judgment, #186 , is denied without prejudice. Plaintiff must submit an amended complaint by 3/16/2020 establishing the citizenship of these Defendants in order for this Court to ensure that it maintains subject matter jurisdiction. Alternatively, Plaintiff may seek to voluntarily dismiss these Defendants. Mailed notice (gel, ) |
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Filing 200
ORDER Signed by the Honorable John Robert Blakey on 3/2/2020. Mailed notice(gel, )
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| Filing 199 MINUTE entry before the Honorable John Robert Blakey: For the reasons explained in the accompanying order, Plaintiff's motion for summary judgment, #183 , is granted. The Clerk shall enter judgment for Plaintiff and against Defendant. Plaintiff's motion to appoint a special commissioner, #182 , is denied without prejudice for failure to identify the justification for, and the duties and responsibilities of, the proposed special commissioner, and for failing to comply with this Court's standing orders. Mailed notice (gel, ) |
| Filing 198 MINUTE entry before the Honorable Lisa A. Jensen: The status hearing previously set for 8/19/2019 is stricken and no appearances are required on that date. Any future status hearing will be set by minute entry. Mailed notice (jk, ) |
| Filing 197 NOTICE by Wells Fargo Bank Minnesota, National Association(as Trustee for the Pooling and Servicing Agreement dated as of August 1, 2003 Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2003-WMC3) re reply #196 (Sriratana, Artapong) |
| Filing 196 REPLY by Plaintiff Wells Fargo Bank Minnesota, National Association (Sriratana, Artapong) |
| Filing 195 MINUTE entry before the Honorable Lisa A. Jensen: Plaintiff's motion for extension of time #194 is granted. Plaintiff's reply brief is now due 7/1/2019. Mailed notice (jk, ) |
| Filing 194 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for extension of time (Sriratana, Artapong) |
| Filing 193 NOTICE by Wells Fargo Bank Minnesota, National Association (Sriratana, Artapong) |
| Filing 192 AMENDED GENERAL ORDER 19-0007: Case reassigned to the Honorable John Robert Blakey for all further proceedings. Honorable Frederick J. Kapala no longer assigned to the case. Signed by Executive Committee on 3/28/2019.(jp, ) |
| Filing 191 RULE 56.1 Statement by Ann M. Johnston regarding RULE 56.1 Statement by Wells Fargo Bank Minnesota, National Association regarding motion for summary judgment #183 , #185 (Attachments: #1 Certificate of Service)(Laz, Thomas) Docket Text Modified by Clerk's Office on 4/29/2019 (ph, ). |
| Filing 190 RESPONSE by Ann M. Johnstonin Opposition to MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for summary judgment #183 Defendant Ann Johnstons Responses to Summary Judgment (Attachments: #1 Notice of Filing)(Laz, Thomas) |
| Filing 189 MINUTE entry before the Honorable Lisa A. Jensen: Briefing schedules remain in effect as follows: response remains due 4/26/2019 and the reply remains due 5/17/2019. A status hearing is set for 8/19/2019 at 9:00 AM. Counsel shall appear in person. Mailed notice (jp, ) |
| Filing 188 MINUTE entry before the Honorable Iain D. Johnston: In light of the reassignment of this case to Judge Jensen, the hearing set for 8/20/2019 is stricken. The hearing will be reset by entry from Judge Jensen's chambers. (yxp, ) |
| Filing 187 EXECUTIVE COMMITTEE ORDER: It appearing that Lisa A. Jensen has been appointed as a United States Magistrate Judge for the Northern District of Illinois, Western Division; and It further appearing that Internal Operating Procedure 17(a) provides for the creation of an initial calendar for a newly-appointed magistrate judge by equalization; therefore IT IS HEREBY ORDERED That the attached list of civil consent cases, civil referrals, miscellaneous cases, and criminal case referrals are hereby reassigned to form the initial calendar of the Honorable Lisa A. Jensen. Case referred to the Honorable Lisa Jensen. Signed by Executive Committee on 4/12/2019.(sm, ) |
| Filing 186 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for default judgment as to First National Bank in Dekalb, Merl L. Searcy and Mary Ellen Searcy (Attachments: #1 Exhibit Affidavit of Military Service, #2 Exhibit Affidavit of Amounts Due and Owing, #3 Exhibit Certificate of Prove-up of Foreclosure Fees and Costs)(Goodell, Kimberly) |
| Filing 185 RULE 56.1 Statement by Wells Fargo Bank Minnesota, National Association regarding motion for summary judgment #183 (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Note, #3 Exhibit C - Mortgage, #4 Exhibit D - Affidavits of Amount Due and Owing, #5 Exhibit E - Assignment of Mortgage, #6 Exhibit F - Certificate of Fees, #7 Exhibit G - Affidavit as to Military Service)(Goodell, Kimberly) |
| Filing 184 MEMORANDUM by Wells Fargo Bank Minnesota, National Association in support of motion for summary judgment #183 (Goodell, Kimberly) |
| Filing 183 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for summary judgment (Goodell, Kimberly) |
| Filing 182 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association to appoint special commissioner (Goodell, Kimberly) |
| Filing 181 MINUTE entry before the Honorable Iain D. Johnston: The plaintiff's motion for leave to file a motion for summary judgment #179 is granted. The motion for summary judgment shall be filed by 3/26/2019, the response is due 4/26/2019, and the reply brief is due 5/17/2019. Presentment of the motion set for 3/21/2019 and the telephonic status hearing set for 4/2/2019 are stricken. Telephonic status hearing is set for 8/20/2019 at 9:00 AM. By 8/16/2019 counsel shall provide direct-dial numbers for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 180 NOTICE of Motion by Kimberly Jo Goodell for presentment of motion for leave to file #179 before Honorable Iain D. Johnston on 3/21/2019 at 10:00 AM. (Goodell, Kimberly) |
| Filing 179 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for leave to file Motion for Summary Judgment (Goodell, Kimberly) |
| Filing 178 TRANSCRIPT OF PROCEEDINGS held on 9/20/18 before the Honorable Iain D. Johnston. Court Reporter Contact Information: Heather Perkins-Reiva, heather_perkins-reiva@ilnd.uscourts.gov, (779) 772-8309. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/30/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/7/2019. (Perkins-Reiva, Heather) |
| Filing 177 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 9/20/2018. Counsel for defendant Ann M. Johnston not present. The plaintiff's motion shall be filed by 10/31/2018. Briefing on the motion set as follows: Response due 11/30/2018; Reply due by 12/24/2018. Telephonic status hearing set for 4/2/2019 at 9:00 AM. By 3/29/2019, counsel shall provide direct-dial numbers for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 176 MINUTE entry before the Honorable Iain D. Johnston: The status hearing set for 9/20/2018 at 9:00 AM is now telephonic. To appear telephonically, by 9/18/2018 counsel shall provide direct-dial numbers for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
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Filing 175
ORDER:MERS motion to dismiss amended third-party complaint #138 is granted. MERS is terminated as a third-party defendant in this case. Plaintiffs motion for summary judgment as to the mortgage reformation claim in Count II and as to defendants affirmative defenses and counterclaims #147 is granted. Signed by the Honorable Frederick J. Kapala on 8/27/2018:mailed notice(pg, )
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| Filing 174 MINUTE entry before the Honorable Iain D. Johnston: The status hearing previously set for 8/9/2018 is stricken and reset to 9/20/2018 at 9:00 AM. (yxp, ) |
| Filing 173 ATTORNEY Appearance for Counter Defendants Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association, Third Party Defendant Wells Fargo Bank Minnesota, National Association by Heather L. Kramer (Kramer, Heather) |
| Filing 172 MINUTE entry before the Honorable Iain D. Johnston: The status hearing previously set for 6/21/2018 is stricken and reset to 8/9/2018 at 9:00 AM. (yxp, ) |
| Filing 171 RESPONSE by Wells Fargo Bank Minnesota, National Associationin Support of MOTION by Counter Defendants Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association for summary judgment #147 (Gilman, Michael) |
| Filing 170 RESPONSE by Mortgage Electronic Registration System, Inc.in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss Amended Third-Party Complaint) #138 (Gilman, Michael) |
| Filing 169 RESPONSE by Ann M. Johnstonin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss Amended Third-Party Complaint) #138 (Laz, Thomas) |
| Filing 168 MEMORANDUM by Ann M. Johnston in Opposition to motion for summary judgment #147 Response and Memorandum to Motion and Memorandum of Wells Fargo for Summary Judgment (Laz, Thomas) |
| Filing 167 MINUTE entry before the Honorable Iain D. Johnston: The defendant's motion for leave #164 is unopposed and granted. The defendant shall file her response briefs as separately-docketed entries by 2/22/2018. The deadline for the reply briefs is extended to 3/13/2018. Presentment of the motion set for 2/23/2018 is stricken. Status hearing remains set for 6/21/2018 at 9:00 AM. (yxp, ) |
| Filing 166 RESPONSE by Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank Minnesota, National Association to MOTION by Defendant Ann M. Johnston for extension of time to file four (4) days out of time, to Summary Judgment of WF and 12 (b) (6) of Mers #164 (Gilman, Michael) |
| Filing 165 Motion to file Response to WF Summary Judgment Motion and Reply to Mers 12(b)(6) Motion NOTICE of Motion by Thomas J. Laz for presentment of motion for extension of time to file, #164 before Honorable Iain D. Johnston on 2/23/2018 at 09:00 AM. (Laz, Thomas) |
| Filing 164 MOTION by Defendant Ann M. Johnston for extension of time to file four (4) days out of time, to Summary Judgment of WF and 12 (b) (6) of Mers (Attachments: #1 Exhibit Johnston Response to WF Summary Judgment Motion, #2 Exhibit Johnston Reply to MERS 12(b) (6) Motion, #3 Notice of Filing)(Laz, Thomas) |
| Filing 163 RESPONSE by Ann M. Johnstonin Opposition to MOTION by Counter Defendants Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association for summary judgment #147 Response to Wells Summary Judgment (Laz, Thomas) |
| Filing 162 MINUTE entry before the Honorable Iain D. Johnston: Motion hearing held on 1/11/2018. Defendant Ann M. Johnston's motion for extension of time to complete discovery #154 is denied for the reasons stated on the record. Defendant Johnston's oral motion for extension of time to file responses to the pending motion to dismiss #138 and motion for summary judgment #147 is granted. Defendant Johnston's responses to the motions #138 and #147 are due on 2/16/2018. Replies due 3/9/2018. Status hearing set for 6/21/2018 at 9:00 AM. The status hearing set for 2/20/2018 is stricken. (yxp, ) |
| (Oral) MOTION by Defendant Ann M. Johnston for extension of time to file responses to the motions #138 and #147 . (yxp, ) |
| Filing 161 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Kevin B. Connor (Connor, Kevin) |
| Filing 160 MINUTE entry before the Honorable Iain D. Johnston: In light of the substitution of counsel #159 , the clerk is directed to terminate the appearance of attorney Caleb Halberg. (yxp, ) |
| Filing 159 WITHDRAWING Caleb J. Halberg as counsel for Counter Defendants Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association, Third Party Defendant Wells Fargo Bank Minnesota, National Association and substituting Artapong Sriratana as counsel of record (Sriratana, Artapong) |
| Filing 158 MINUTE entry before the Honorable Iain D. Johnston: Motion hearing held on 1/4/2018. Counsel for defendant Johnston notified the Court and was not present. The motion hearing is continued to 1/11/2018 at 10:00 AM. Plaintiff's counsel may appear by phone if they chose to do so and shall provide a direct-dial phone number to the Court's operations specialist by 1/10/2018. (yxp, ) |
| Filing 157 RESPONSE by Wells Fargo Bank Minnesota, National Association(as Trustee for the Pooling and Servicing Agreement dated as of August 1, 2003 Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2003-WMC3) to MOTION by Defendant Ann M. Johnston for extension of time to complete discovery Fld 12/4/17 #154 (Gilman, Michael) |
| Filing 156 MINUTE entry before the Honorable Iain D. Johnston: On the defendant's motion for discovery under Fed. R. Civ. P. 52(d), the plaintiff shall respond by 12/22/2017. No reply may be filed. Presentment of the motion set for 2/20/2018 is stricken, and the case is set for a motion hearing on 1/4/2018 at 10:00 AM, at which time the Court will rule. Counsel must appear in person. (yxp, ) |
| Filing 155 NOTICE of Motion by Thomas J. Laz for presentment of motion for extension of time to complete discovery #154 before Honorable Iain D. Johnston on 2/20/2018 at 09:00 AM. (Laz, Thomas) |
| Filing 154 MOTION by Defendant Ann M. Johnston for extension of time to complete discovery Fld 12/4/17 (Laz, Thomas) |
| Filing 153 MINUTE entry before the Honorable Iain D. Johnston: Defendant Ann Johnston's motion for an extension of time #151 is granted. Johnston's response to the motion for summary judgment #147 is now due 12/4/2017. The plaintiff's reply is now due 12/29/2017. Presentment of the motion set for 2/20/2018 is stricken. (yxp, ) |
| Filing 152 NOTICE of Motion by Thomas J. Laz for presentment of Motion to Defer Responsive Pleading Deadline #151 before Honorable Iain D. Johnston on 2/20/2018 at 09:00 AM. (Laz, Thomas) |
| Filing 151 First MOTION to Defer Responsive Pleading Deadline (MIDP) , filed by Defendant Ann M. Johnston. (Laz, Thomas) |
| Filing 150 RULE 56 (c)(1) Statement by Wells Fargo Bank Minnesota, National Association(as Trustee for the Pooling and Servicing Agreement dated as of August 1, 2003 Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2003-WMC3) regarding motion for summary judgment #147 (Gilman, Michael) |
| Filing 149 AFFIDAVIT by Counter Defendant Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association in Support of MOTION by Counter Defendants Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association for summary judgment #147 (Gilman, Michael) |
| Filing 148 MEMORANDUM by Wells Fargo Bank Minnesota, National Association(as Trustee for the Pooling and Servicing Agreement dated as of August 1, 2003 Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2003-WMC3) in support of motion for summary judgment #147 (Gilman, Michael) |
| Filing 147 MOTION by Counter Defendants Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association for summary judgment (Gilman, Michael) |
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Filing 146
ORDER with STATEMENT; Defendant Ann Johnstons motion to extend the fact discovery deadline #143 is denied. Presentment of the motion set for 10/31/2017 is stricken. (See attachment for full detail.) Signed by the Honorable Iain D. Johnston on 10/25/2017: (yxp, )
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| Filing 145 Corrected Notice Filing per Court 10/24/17 NOTICE of Motion by Thomas J. Laz for presentment of motion for discovery, #143 before Honorable Iain D. Johnston on 10/31/2017 at 10:00 AM. (Laz, Thomas) |
| Filing 144 MINUTE entry before the Honorable Iain D. Johnston: Counsel for defendant Johnston filed a motion to extend the fact discovery deadline #143 , but attached the Notice of Motion as an exhibit to the motion rather than filing it as a separate document. See Dkt. 143, Ex. 1. As a result, the motion has not been properly set for presentment. To set the motion for presentment, counsel must separately file the Notice of Motion and set the motion for presentment to Judge Johnston. (yxp, ) |
| Filing 143 MOTION by Counter Claimant Ann M. Johnston for discovery To Enlarge Fact Discovery cutoff date of 10/16/17 (Attachments: #1 Notice of Filing Notice of Motion 10/31/17)(Laz, Thomas) Modified on 10/24/2017 (pg, ).(Notice of Motion has to be filed separate from motion and linked to motion) |
| Filing 142 MINUTE entry before the Honorable Iain D. Johnston: Discovery materials are not to be filed with the court. See Local Rule 26.3. Accordingly, the defendant's requests to admit #141 , which defense counsel uploaded as a motion, are stricken. The Court notes that fact discovery previously closed on 10/16/2017. Dkt. 132. (yxp, ) |
| Filing 141 MOTION by Defendant Ann M. Johnston for discovery Requests to Admit under Rule 36 to Wells Fargo (Laz, Thomas) |
| Filing 140 MINUTE entry before the Honorable Iain D. Johnston: On third-party defendant MERS' motion to dismiss #138 , third-party plaintiff Johnston shall respond by 11/30/2017 and MERS shall reply by 12/22/2017. Presentment of the motion set for 10/19/2017 is stricken. Telephonic status hearing remains set for 2/20/2018 at 9:00 AM. (yxp, ) |
| Filing 139 NOTICE of Motion by Michael Alan Gilman for presentment of Motion to Dismiss for Failure to State a Claim #138 before Honorable Iain D. Johnston on 10/19/2017 at 10:00 AM. (Gilman, Michael) |
| Filing 138 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss Amended Third-Party Complaint) (Attachments: #1 Exhibit)(Gilman, Michael) |
| Filing 137 MINUTE entry before the Honorable Iain D. Johnston: Mortgage Electronic Registration System's motion for an extension of time #135 is granted. The deadline for its responsive pleading is extended to 10/19/2017. Presentment of the motion for an extension of time set for 10/19/2017 is stricken. (yxp, ) |
| Filing 136 NOTICE of Motion by Michael Alan Gilman for presentment of extension of time #135 before Honorable Iain D. Johnston on 10/19/2017 at 10:00 AM. (Gilman, Michael) |
| Filing 135 MOTION by Third Party Defendant Mortgage Electronic Registration System, Inc. for extension of time to File Response to Third Party Complaint (Gilman, Michael) |
| Filing 134 MINUTE entry before the Honorable Iain D. Johnston: Third-party defendant Mortgage Electronic Registration Systems, Inc. filed a motion to dismiss #133 , but did not set it for presentment as required under Local Rule 5.3(b). Accordingly, the motion is stricken. Local Rule 78.2. (yxp, ) |
| Filing 133 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss Amended Third-Party Complaint) (Attachments: #1 Exhibit)(Gilman, Michael) |
| SUMMONS Issued as to Third Party Defendant Mortgage Electronic Registration System, Inc. (pg, ) |
| Filing 132 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 8/31/2017. Counsel for defendant Ann Johnston was not present. Responses to outstanding discovery are due 10/2/2017. Fact discovery to close on 10/16/2017. Dispositive motions due 10/30/2017. Briefing on dispositive motions set as follows: responses due 11/30/2017, replies due 12/22/2017. Presentment of the motions are waived. Telephonic status hearing set for 2/20/2018 at 9:00 AM. By 2/16/2018, counsel shall review the Court's standing order on telephonic status hearings and provide direct-dial numbers to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 131 ANSWER to Complaint (Answer to Count II of Amended Counter-Complaint - Doc. 125) by Wells Fargo Bank Minnesota, National Association(as Trustee for the Pooling and Servicing Agreement dated as of August 1, 2003 Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2003-WMC3)(Gilman, Michael) |
| Filing 130 MINUTE entry before the Honorable Iain D. Johnston: The plaintiff's motion for leave #129 is granted. The plaintiff shall file the answer to Count II of defendant Johnston's counterclaim as a separately docketed entry by 9/1/2017. (yxp, ) |
| Filing 129 MOTION by Counter Defendant Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association, Third Party Defendant Wells Fargo Bank Minnesota, National Association to file instanter Answer to Second Count of Ann Johnston's Amended Counterclaim (Attachments: #1 Exhibit Answer to Count II of Amended Counter-Complaint)(Gilman, Michael) |
| Filing 128 ANSWER to counterclaim (Answer and Affirmative Defense to Amended Counter-Complaint) by Wells Fargo Bank Minnesota, National Association(as Trustee for the Pooling and Servicing Agreement dated as of August 1, 2003 Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2003-WMC3), Wells Fargo Bank Minnesota, National Association(as Trustee for the Pooling and Serving Agreement Dated as of August 1, 2003)(Gilman, Michael) |
| Filing 127 MINUTE entry before the Honorable Iain D. Johnston: In light of the notice of substitution #126 , the clerk is directed to terminate the appearance of Nathan Licthman. Mailed notice (jp, ) |
| Filing 126 WITHDRAWING Nathan D. Lichtman as counsel for Plaintiff Wells Fargo Bank Minnesota, National Association and substituting Caleb J. Halberg as counsel of record (Halberg, Caleb) |
| Filing 125 AMENDED Answer by Ann M. Johnston to 2nd Amd Complt of Plaintiff , THIRD party complaint by Ann M. Johnston against Inc Mers ., COUNTERCLAIM filed by Ann M. Johnston against Wells Fargo Bank Minnesota, National Association . (Laz, Thomas) |
| Filing 123 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 7/13/2017. Defendant's motion to amend answer #119 is unopposed and granted. The proposed amended answer, third-party complaint and counterclaim shall be filed as a stand alone document by 7/20/2017. Plaintiff's response to the counterclaim is due 8/11/2017. Defendant Ann Johnston shall serve the newly added defendant by 7/31/2017. Status hearing set for 8/31/2017 at 9:00 AM. (yxp, ) |
| Filing 124 NOTICE OF EMAIL NOTIFICATION FAILURE, for document #121 , #122 , #120 , #118 , #119 sent to Attorney Nathan David Lichtman returned as: Unknown Address Error. Mailed to attorney Nathan David Lichtman a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at Docketing_ILND@uscourts.gov when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, ) |
| Filing 122 ATTORNEY Appearance for Defendant Ann M. Johnston by Thomas J. Laz Corrected Appearance (Laz, Thomas) |
| Filing 121 AMENDED Answer by Ann M. Johnston to Amend pro se Answer of Johnston , THIRD party complaint by Ann M. Johnston against Wells Fargo Bank Minnesota, National Association ., COUNTERCLAIM filed by Ann M. Johnston against Wells Fargo Bank Minnesota, National Association . (Attachments: #1 Notice of Filing)(Laz, Thomas) |
| Filing 120 ATTORNEY Appearance for Defendant Ann M. Johnston by Thomas J. Laz Corrected Appearance (Attachments: #1 Errata, #2 Notice of Filing)(Laz, Thomas) |
| Filing 119 MOTION by Defendant Ann M. Johnston to amend/correct Answer (Laz, Thomas) |
| Filing 118 ATTORNEY Appearance for Defendant Ann M. Johnston by Thomas J. Laz (Laz, Thomas) |
| Filing 117 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 5/19/2017. Attorney Thomas Laz appears and is given time to review the file before filing an appearance on behalf of Ann Johnston. Attorney Laz shall file his appearance by 7/10/2017. Status hearing set for 7/13/2017 at 9:00 AM. Mailed notice (yxp, ) |
| Filing 116 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 3/17/2017. No appearance from, or on behalf of, Ann Johnston. Terminated defendant Ronald Johnston appears and is given time to obtain an attorney. Status hearing set for 5/19/2017 at 9:30 AM. Ann Johnston or her attorney is directed to appear at status hearings. Mailed notice (yxp, ) |
| Filing 115 ATTORNEY Appearance for Counter Defendant Wells Fargo Bank Minnesota, National Association by Anda Tatoiu (Tatoiu, Anda) |
| Filing 114 ANSWER to Complaint (Answer to Counter-Complaint-Doc. #72) by Wells Fargo Bank Minnesota, National Association(Gilman, Michael) |
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Filing 113
ORDER : Wells Fargo's motion to dismiss #88 is denied. MERS', Ocwen's, and Mkhitarian's motions to dismiss the third-party claims against them #90 #92 #99 are granted. MERS, Ocwen, and Mkhitarian are terminated from this case. Ronald D. Johnston is terminated from this case. Signed by the Honorable Frederick J. Kapala on 2/28/2017:mailed notice(pg, )
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| Filing 112 REPLY by Anaida Mkhitarian to MOTION by Third Party Defendant Anaida Mkhitarian to dismiss for lack of jurisdiction #99 , response in opposition to motion #105 (Brown, Stephen) |
| Filing 111 REPLY by Ocwen Loan Servicing, LLC to response in opposition to motion #106 , MOTION by Third Party Defendant Ocwen Loan Servicing, LLC to dismiss Second Count of Third Party Complaint #92 (Gilman, Michael) |
| Filing 110 REPLY by Mortgage Electronic Registration Systems, Inc. to response in opposition to motion #107 , MOTION by Third Party Defendant Mortgage Electronic Registration Systems, Inc. to dismiss Third-Party Complaint #90 (Gilman, Michael) |
| Filing 109 REPLY by Wells Fargo Bank Minnesota, National Association to response in opposition to motion, #108 , MOTION by Counter Defendant Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association to dismiss Pursuant to Fed. R. Civ. P. 12(B)(6) #88 (Gilman, Michael) |
| Filing 108 RESPONSE by Ann M. Johnston, Ronald D Johnston in Opposition to MOTION by Counter Defendant Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association to dismiss Pursuant to Fed. R. Civ. P. 12(B)(6) #88 (pg, ) |
| Filing 107 RESPONSE by Ann M. Johnston, Ronald D Johnston in Opposition to MOTION by Third Party Defendant Mortgage Electronic Registration Systems, Inc. to dismiss Third-Party Complaint #90 (pg, ) |
| Filing 106 RESPONSE by Ann M. Johnston, Ronald D Johnston in Opposition to MOTION by Third Party Defendant Ocwen Loan Servicing, LLC to dismiss Second Count of Third Party Complaint #92 (pg, ) |
| Filing 105 RESPONSE by Ann M. Johnston, Ronald D Johnstonin Opposition to MOTION by Third Party Defendant Anaida Mkhitarian to dismiss for lack of jurisdiction #99 (pg, ) |
| Filing 104 ATTORNEY Appearance for Third Party Defendant Anaida Mkhitarian by Stephen Robert Brown (Brown, Stephen) |
| Filing 103 ATTORNEY Appearance for Third Party Defendant Anaida Mkhitarian by Megan B. Poetzel (Poetzel, Megan) |
| Filing 102 MINUTE entry before the Honorable Iain D. Johnston: On third-party defendant Anaida Mkhitarian's motion to dismiss #99 , the defendants shall respond by 12/23/2016 and Ms. Mkhitarian shall reply by 1/27/2017. Status hearing remains set for 3/17/2017 at 9:00 AM. Presentment of the motion to dismiss set for 10/21/2016 is stricken. (yxp, ) |
| Filing 101 NOTICE of Motion by Jamie Lauren Ackerman for presentment of motion to dismiss/lack of jurisdiction #99 before Honorable Iain D. Johnston on 10/21/2016 at 10:00 AM. (Ackerman, Jamie) |
| Filing 100 MEMORANDUM by Anaida Mkhitarian in support of motion to dismiss/lack of jurisdiction #99 (Attachments: #1 Text of Proposed Order)(Ackerman, Jamie) |
| Filing 99 MOTION by Third Party Defendant Anaida Mkhitarian to dismiss for lack of jurisdiction (Ackerman, Jamie) |
| Filing 98 ATTORNEY Appearance for Third Party Defendant Anaida Mkhitarian by Jamie Lauren Ackerman (Ackerman, Jamie) |
| MAILED letter regarding local rule 83.15 to counsel of record for third party defendant Anaida Mkhitarian. (jp, ) |
| Filing 97 MINUTE entry before the Honorable Iain D. Johnston: Attorney Jamie Ackerman's motion to appear pro hac vice #96 is granted. Counsel shall file an appearance for third-party defendant Anaida Mkhitarian by 9/22/2016. Counsel is reminded to obtain local counsel as required under Local Rule 83.15. (yxp, ) |
| Filing 96 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12378172. (Ackerman, Jamie) |
| Filing 95 MINUTE entry before the Honorable Iain D. Johnston: Status and motion hearing held on 9/16/2016. Briefing schedule on the motions to dismiss ( #88 , #90 , and #92 ) set as follows: responses due 12/23/2016, replies due 1/27/2017. Plaintiff's oral motion to stay discovery is granted. Status hearing set for 3/17/2017 at 9:00 AM. Mailed notice (yxp, ) |
| (Oral) MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association to stay discovery pending ruling on the motions to dismiss. (yxp, ) |
| Filing 94 SUMMONS Returned Executed by Ronald D Johnston, Ann M. Johnston as to Anaida Mkhitarian on 9/1/2016, answer due 9/22/2016. (pg, ) |
| Filing 93 Ocwen Loan Servicing, LLC's NOTICE of Motion by Michael Alan Gilman for presentment of motion to dismiss #92 before Honorable Iain D. Johnston on 9/16/2016 at 10:00 AM. (Gilman, Michael) |
| Filing 92 MOTION by Third Party Defendant Ocwen Loan Servicing, LLC to dismiss Second Count of Third Party Complaint (Attachments: #1 Exhibit Exhibit A)(Gilman, Michael) |
| Filing 91 Mortgage Electronic Registration Systems, Inc.'s NOTICE of Motion by Michael Alan Gilman for presentment of motion to dismiss #90 before Honorable Iain D. Johnston on 9/16/2016 at 10:00 AM. (Gilman, Michael) |
| Filing 90 MOTION by Third Party Defendant Mortgage Electronic Registration Systems, Inc. to dismiss Third-Party Complaint (Attachments: #1 Exhibit Exhibit A)(Gilman, Michael) |
| Filing 89 Wells Fargo's NOTICE of Motion by Michael Alan Gilman for presentment of motion to dismiss #88 before Honorable Iain D. Johnston on 9/16/2016 at 10:00 AM. (Gilman, Michael) |
| Filing 88 MOTION by Counter Defendant Wells Fargo Bank Minnesota, National Association, Plaintiff Wells Fargo Bank Minnesota, National Association to dismiss Pursuant to Fed. R. Civ. P. 12(B)(6) (Attachments: #1 Exhibit Exhibit 1)(Gilman, Michael) |
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Filing 87
ORDER: In light of the second amended complaint filed on June 22, 2016, plaintiff's motions #41 #42 #43 are moot and are hereby stricken. Signed by the Honorable Frederick J. Kapala on 8/18/2016:mailed notice(pg, )
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| SUMMONS Issued as to Third Party Defendant Anaida Mkhitarian (pg, ) |
| Filing 86 MINUTE entry before the Honorable Iain D. Johnston: The motions for an extension of time by third-party defendant MERS #82 , and by plaintiff Wells Fargo and third-party defendant Ocwen #84 are granted. Those parties' responses to the defendant Ann Johnston's amended counterclaim or third-party complaint is now due 8/22/2016. Presentment of the motions and the status hearing previously set for 8/19/2016 are stricken and no appearances are required on that date. Status hearing is reset to 9/16/2016 at 10:00AM. The 8/12/2016 deadline for a joint status report is stricken. By 9/9/2016 defendant Ann Johnston shall file a status report on efforts to serve third-party defendant Anaida Mkhitarian. (yxp, ) |
| Filing 85 NOTICE of Motion by Michael Alan Gilman for presentment of extension of time #84 before Honorable Iain D. Johnston on 8/19/2016 at 10:30 AM. (Gilman, Michael) |
| Filing 84 MOTION by Third Party Defendant Ocwen Loan Servicing, LLC, Counter Defendant Wells Fargo Bank Minnesota, National Association for extension of time to respond to Amended Countercomplaint and Amended Third-Party Complaint (Gilman, Michael) |
| Filing 83 NOTICE of Motion by Michael Alan Gilman for presentment of extension of time #82 before Honorable Iain D. Johnston on 8/19/2016 at 10:30 AM. (Gilman, Michael) |
| Filing 82 MOTION by Third Party Defendant Mortgage Electronic Registration Systems, Inc. for extension of time to respond to Amended Third-Party Complaint (Gilman, Michael) |
| Filing 81 Disclosure STATEMENT by Mortgage Electronic Registration Systems, Inc.(A Delaware Corporation) (Gilman, Michael) |
| Filing 80 ATTORNEY Appearance for Third Party Defendant Mortgage Electronic Registration Systems, Inc. by Michael Alan Gilman (Gilman, Michael) |
| Filing 79 MINUTE entry before the Honorable Iain D. Johnston: Attorney Suzanne Alton's motion to withdraw #77 is granted because other counsel from her former firm remains as counsel for defendants Wells Fargo and Ocwen Loan Servicing. The clerk is directed to terminate the appearance of Ms. Alton. Presentment of the motion to withdraw set for 8/19/2016 is stricken. By noon on 8/12/2016 parties shall file a written report detailing the status of the case. Mailed notice (yxp, ) |
| Filing 78 NOTICE of Motion by Suzanne Marie Alton for presentment of motion to withdraw as attorney #77 before Honorable Iain D. Johnston on 8/19/2016 at 10:30 AM. (Alton, Suzanne)( Judge Association Modified on 8/8/2016) (pg, ). |
| Filing 77 MOTION by Attorney Suzanne M. Alton to withdraw as attorney for Ocwen Loan Servicing, LLC, Wells Fargo Bank Minnesota, National Association. No party information provided (Alton, Suzanne) |
| Filing 76 MINUTE entry before the Honorable Iain D. Johnston: The motion for an order of default #74 is denied because it was filed by a non-party. Presentment of the motion set for 8/19/2016 is stricken, but status hearing remains set for that day at 10:30 AM. Mailed notice (yxp, ) |
| Filing 75 NOTICE of Motion by Ann M. Johnston, Ronald D Johnston for presentment of motion for default judgment #74 before Honorable Iain D. Johnston on 8/19/2016 at 10:30 AM. (pg, ) |
| Filing 74 MOTION by Third Party Plaintiffs Ann M. Johnston, Ronald D Johnston for default judgment as to M.E.R.S. Inc. (pg, ) |
| Filing 73 Amended 2nd REQUEST To Admit Facts by Ann M. Johnston, Ronald D Johnston(pg, ) |
| Filing 72 ANSWER to amended complaint, COUNTERCLAIM against Wells Fargo, THIRD-PARTY COMPLAINT against MERS, Ocwen, Mkhitarian, and John Does 1-11 in Interest, by CUSIP Numbers by Ann M. Johnston, Ronald D Johnston (Attachments: #1 Part 1)(pg, ) Modified on 8/31/2016 (yxp, ). |
| Filing 71 REQUEST To Admit Facts by Ann M. Johnston, Ronald D Johnston(pg, ) |
| Filing 70 2nd REQUEST for production of documents by Ann M. Johnston, Ronald D Johnston(pg, ) |
| Filing 69 NOTICE by Wells Fargo Bank Minnesota, National Association of Filing Second Amended Complaint To Foreclose Mortgage And For Other Relief (Walsh, Kerry) |
| Filing 68 Second AMENDED complaint by Wells Fargo Bank Minnesota, National Association against Wells Fargo Bank Minnesota, National Association (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Walsh, Kerry) |
| Filing 67 MINUTE entry before the Honorable Iain D. Johnston: Status and motion hearing held on 6/17/2016. Defense counsel and pro se parties were not present. Plaintiff's motion for leave to file #64 is granted. Plaintiff to file their Second Amended Complaint as a stand-alone entry on CM/ECF by 6/24/2016. Defendants' answer and/or responsive pleading due 7/22/2016. Status hearing set for 8/19/2016 at 10:30 AM. Mailed notice (yxp, ) |
| Filing 66 MINUTE entry before the Honorable Iain D. Johnston: Presentment of the motion for leave to amend #64 is reset to Magistrate Judge Iain Johnston on 6/17/2016 at 10:00 AM. (yxp, ) |
| Filing 65 NOTICE of Motion by Kerry A. Walsh for presentment of motion for leave to file, #64 before Honorable Frederick J. Kapala on 6/17/2016 at 09:00 AM. (Walsh, Kerry) |
| Filing 64 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for leave to file Second Amended Complaint (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit A - to Second Amended Complaint, #3 Exhibit B - to Second Amended Complaint, #4 Exhibit C - To Second Amended Complaint, #5 Exhibit D - To Second Amended Complaint)(Walsh, Kerry) |
| Filing 63 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 4/15/2016 and continued to a status hearing set for 6/17/2016 at 10:00 AM. Mailed notice (yxp, ) |
| Filing 62 DEFENDANTS'/COUNTER-PLAINTIFFS' Ann and Ronald Johnston's First Request(s) to Admit Facts & Genuinenss of Documents Directed to Counter-Defendants', Wells Fargo Bank Minnesota as Trustee 2003-WMC3 by Ann M. Johnston, Ronald D Johnston (Attachments: #1 Exhibit, #2 Certificate of Service) (jp, ) |
| Filing 61 DEFENDANTS'/COUNTER-PLAINTIFFS' Ann and Ronald Johnston's First Request for Production of Documents Directed to Counter-Defendants,' Wells Fargo Bank Minnesota as Trustee 2003-WMC3 by Ann M. Johnston, Ronald D Johnston(jp, ) |
| Filing 60 SUMMONS Returned Executed by Ronald D Johnston, Ann M. Johnston as to Ocwen Loan Servicing, LLC(a Delaware Limited Company) on 4/7/2016, answer due 4/28/2016. (jp, ) |
| Filing 59 SUMMONS Returned Executed by Ronald D Johnston, Ann M. Johnston as to Mortgage Electronic Registration Systems, Inc.(A Delaware Corporation) on 4/5/2016, answer due 4/26/2016. (jp, ) |
| Filing 58 (Email) LETTER from Ron & Ann Johnston dated 4/11/2016. (yxp, ) |
| Filing 57 ATTORNEY Appearance for Third Party Defendant Ocwen Loan Servicing, LLC, Plaintiff Wells Fargo Bank Minnesota, National Association, Counter Defendant Wells Fargo Bank Minnesota, National Association by Michael Alan Gilman (Gilman, Michael) |
| Filing 56 STATUS Report Submitted Jointly by Plaintiff and Defendants by Ocwen Loan Servicing, LLC(a Delaware Limited Company), Wells Fargo Bank Minnesota, National Association, Wells Fargo Bank Minnesota, National Association(as Trustee for the Pooling and Serving Agreement Dated as of August 1, 2003) (Alton, Suzanne) |
| Filing 55 ATTORNEY Appearance for Third Party Defendant Ocwen Loan Servicing, LLC, Plaintiff Wells Fargo Bank Minnesota, National Association, Counter Defendant Wells Fargo Bank Minnesota, National Association by Suzanne Marie Alton (Alton, Suzanne) |
| Filing 54 MINUTE entry before the Honorable Iain D. Johnston: Defendant Ann Johnston and her husband have e-mailed the Court asking to continue the status hearing set for 4/15/2016. Requests must be made by motions filed with the Court and properly noticed for presentment as set out in Local Rule 5.3(b). The status hearing set for 4/15/2016 at 9:00AM shall stand. Counsel and any party that is pro se must appear in person. Mailed notice (yxp, ) |
| Filing 53 MINUTE entry before the Honorable Iain D. Johnston: Initial status hearing set for 4/15/2016 at 9:00 AM. Parties shall refer to Judge Johnston's web page at www.ilnd.uscourts.gov and file a joint status report by 4/11/2016 as set forth in the Initial Status Conferences procedure. Lead counsel with full knowledge of the case and pro se parties to appear in person at the initial status hearing. Mailed notice (yxp, ) |
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Filing 52
ORDER: This case is referred to Magistrate Iain D. Johnston for all pretrial matters. Signed by the Honorable Frederick J. Kapala on 3/29/2016:mailed notice(pg, )
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| Filing 51 PRO SE Appearance by Plaintiff Ronald D Johnston, Third Party Plaintiff Ronald D Johnston, Counter Claimants Ronald D Johnston, Ronald D Johnston (jp, ) |
| Filing 50 PRO SE Appearance by Defendant Ann M. Johnston (jp, ) |
| Filing 49 ANSWER to Complaint with Jury Demand, THIRD party complaint by Ronald D Johnston, Ann M. Johnston against Ocwen Loan Servicing, LLC, Mortgage Electronic Registration Systems, Inc., COUNTER-COMPLAINT filed by Ronald D Johnston, Ann M. Johnston against Wells Fargo Bank Minnesota, National Association by Ronald D Johnston, Ann M. Johnston (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Notice of Filing)(jp, ) |
| SUMMONS Issued as to Third Party Defendants and Mortgage Electronic Registration Systems, Inc., Ocwen Loan Servicing, LLC (jp, ) |
| Filing 48 CERTIFICATE of Service by Nathan David Lichtman on behalf of Wells Fargo Bank Minnesota, National Association (Lichtman, Nathan) |
| Filing 47 MINUTE entry before the Honorable Frederick J. Kapala: Motion hearing held. Counsel for plaintiff appears. It appearing defendant Ann Johnston was not correctly served, no action is taken on the pending motions #41 #42 #43 . Electronic notice (sb, ) |
| Filing 46 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Ashley Kaye Rasmussen (Rasmussen, Ashley) |
| Filing 45 EXHIBIT by Plaintiff Wells Fargo Bank Minnesota, National Association Corrected Exhibit A regarding MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for default judgment as to #43 (Lichtman, Nathan) |
| Filing 44 NOTICE of Motion by Nathan David Lichtman for presentment of motion for default judgment #43 , motion for miscellaneous relief #41 , motion to appoint special commissioner #42 before Honorable Frederick J. Kapala on 2/26/2016 at 09:00 AM. (Lichtman, Nathan) |
| Filing 43 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for default judgment as to (Lichtman, Nathan) |
| Filing 42 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association to appoint special commissioner (Lichtman, Nathan) |
| Filing 41 MOTION by Plaintiff Wells Fargo Bank Minnesota, National AssociationReform Mortgage Legal Description (Lichtman, Nathan) |
| Filing 40 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Nathan David Lichtman (Lichtman, Nathan) |
| Filing 39 MINUTE entry before the Honorable Frederick J. Kapala: Written status report due by 2/23/2016. Electronic notice (sb, ) |
| Filing 38 NOTICE by Wells Fargo Bank Minnesota, National Association re summons returned executed #35 , summons returned executed #37 , summons returned executed #36 and Certificate of Service (Walsh, Kerry) |
| Filing 37 SUMMONS Returned Executed by Wells Fargo Bank Minnesota, National Association as to First National Bank in DeKalb on 10/29/2015, answer due 11/19/2015. (Walsh, Kerry) |
| Filing 36 SUMMONS Returned Executed by Wells Fargo Bank Minnesota, National Association as to Merl L Searcy on 11/16/2015, answer due 12/7/2015. (Walsh, Kerry) |
| Filing 35 SUMMONS Returned Executed by Wells Fargo Bank Minnesota, National Association as to Mary Ellen Searcy on 11/16/2015, answer due 12/7/2015. (Walsh, Kerry) |
| Filing 34 NOTICE by All Plaintiffs of Filing of Amended Complaint To Foreclose Mortgage and For Other Relief (Walsh, Kerry) |
| Filing 33 AMENDED complaint by Wells Fargo Bank Minnesota, National Association against All Plaintiffs (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Walsh, Kerry) |
| Filing 32 SUMMONS Returned Executed by Wells Fargo Bank Minnesota, National Association (Goodell, Kimberly) |
| Filing 31 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Kimberly Jo Goodell (Goodell, Kimberly) |
| SUMMONS Issued as to Defendants First National Bank in DeKalb, Mary Ellen Searcy, Merl L Searcy (jp, ) |
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Filing 30
ORDER: Defendant having filed no objection within the time permitted, and the court finding that justiceso requires, plaintiff's motion for leave to file amended complaint #27 is granted. Signed by the Honorable Frederick J. Kapala on 10/9/2015:mailed notice(pg, )
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Filing 29
ORDER : Plaintiff's motion to amend #27 is taken under advisement. Defendant to file her response, if any, by September 25, 2015. Plaintiff to reply, if any, by October 9, 2015. This case is removed from this court's September 4, 2015 motion call. Signed by the Honorable Frederick J. Kapala on 9/3/2015. Mailed notice (jp, )
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| Filing 28 NOTICE of Motion by Kerry A. Walsh for presentment of motion for leave to file, #27 before Honorable Frederick J. Kapala on 9/4/2015 at 09:00 AM. (Walsh, Kerry) |
| Filing 27 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for leave to file an Amended Complaint (Attachments: #1 Notice of Filing, #2 Exhibit)(Walsh, Kerry) Modified on 9/2/2015 (jp, ), emailed Kerry Walsh to file notice of motion as separate entry. |
| Filing 26 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Kerry A. Walsh (Attachments: #1 Notice of Filing)(Walsh, Kerry) |
| Filing 25 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Caleb J. Halberg (Halberg, Caleb) |
| Filing 24 Affirmative Defenses and ANSWER to Complaint by Ann M. Johnston (Attachments: #1 Exhibit, #2 Notice of Filing)(Williams, Joseph) |
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Filing 23
ORDER: Defendant's motion to dismiss #13 is denied. [See STATEMENT] Signed by the Honorable Frederick J. Kapala on 6/23/2014. mailed notice(pg, )
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| Filing 22 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Megan Christine Adams (Adams, Megan) |
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Filing 21
ORDER: Plaintiff's motion to substitute attorneys #19 is granted. Burke Costanza & Carberry, LLP is given leave to withdraw and Potestivo & Associates, P.C. are given leave to appear. This case is removed from this court's 5/2/2014 motion call. Signed by the Honorable Frederick J. Kapala on 4/28/2014:mailed notice (pg, )
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| Filing 20 NOTICE of Motion by Megan Christine Adams for presentment of motion to substitute attorney #19 before Honorable Frederick J. Kapala on 5/2/2014 at 09:00 AM. (Adams, Megan) |
| Filing 19 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association to substitute attorney (Adams, Megan) |
| Filing 18 REPLY by Ann M. Johnston to response to motion, #17 Deft's Reply to Pltf's Response in re FRCP 12 (b) (1) (Attachments: #1 Notice of Filing)(Williams, Joseph) |
| Filing 17 RESPONSE by Wells Fargo Bank Minnesota, National Association to MOTION by Defendant Ann M. Johnston to dismiss for lack of jurisdiction 12 (b) (1) and 12 (b) 6 Combined #13 (Attachments: #1 Exhibit "A" Agreement for the Arbitration of Disputes, #2 Exhibit "B" Pooling and Servicing Agreement)(Bochnowski, Julia) |
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Filing 16
ORDER Signed by the Honorable Frederick J. Kapala on 11/4/2013: Defendant's motion to dismiss #13 is taken under advisement. Plaintiff to file its response on or before 11/22/2013. Defendant's reply, if any, to be filed on or before 11/29/2013. Presentment date of 11/29/2013 is stricken. Electronic notice(jat, )
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| Filing 15 NOTICE of Motion by Joseph Michael Williams for presentment of motion to dismiss/lack of jurisdiction #13 before Honorable Frederick J. Kapala on 11/29/2013 at 09:00 AM. (Williams, Joseph) |
| Filing 14 MEMORANDUM at Law in Support of 12 (b) Motion to Dismiss (Williams, Joseph) |
| Filing 13 MOTION by Defendant Ann M. Johnston to dismiss for lack of jurisdiction 12 (b) (1) and 12 (b) 6 Combined (Williams, Joseph) |
| Filing 12 NOTICE of Motion by Joseph Michael Williams for presentment of before Honorable Frederick J. Kapala on 11/29/2013 at 09:00 AM. (Williams, Joseph) Modified on 11/4/2013 (jat, ). (efiled incorrectly; see entry #15 ) |
| Filing 11 ATTORNEY Appearance for Defendant Ann M. Johnston by Joseph Michael Williams (Williams, Joseph) |
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Filing 10
ORDER Signed by the Honorable Frederick J. Kapala on 11/1/2013: Plaintiff's motions for default judgment #6 and to appoint special commissioner #7 presented. Ron Johnston appears on behalf of his wife, defendant Ann Johnston. Ann Johnston is ordered to file her answer by 5:00 p.m. on November 4, 2013, otherwise, plaintiff's motions for default and to appoint special commissioner will be granted. Electronic notice(jat, )
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| Filing 9 CERTIFICATE of Service by Plaintiff Wells Fargo Bank Minnesota, National Association (Bochnowski, Julia) |
| Filing 8 NOTICE of Motion by Julia M Bochnowski for presentment of motion to appoint special commissioner #7 , motion for default judgment, #6 before Honorable Frederick J. Kapala on 11/1/2013 at 09:00 AM. (Bochnowski, Julia) |
| Filing 7 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association to appoint special commissioner David Brown, Esq. (Bochnowski, Julia) |
| Filing 6 MOTION by Plaintiff Wells Fargo Bank Minnesota, National Association for default judgment as to ANN M. JOHNSTON (Attachments: #1 Affidavit of Military Status by Julia M. Bochnowski, #2 Appendix of Attorney Fees by Julia M. Bochnowski, #3 Affidavit of Debt by Nicole Boutin)(Bochnowski, Julia) |
| Filing 5 SUMMONS Returned Executed by Wells Fargo Bank Minnesota, National Association as to Ann M. Johnston on 4/9/2013, answer due 4/30/2013. (Bochnowski, Julia) |
| Filing 4 SUMMONS Issued as to Defendant Ann M. Johnston (pg, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Wells Fargo Bank Minnesota, National Association by Julia M Bochnowski (Bochnowski, Julia) |
| Filing 2 CIVIL Cover Sheet (Bochnowski, Julia) |
| Filing 1 COMPLAINT to foreclose mortgage filed by Wells Fargo Bank Minnesota, National Association; Filing fee $ 350, receipt number 0752-8210595. (Attachments: #1 Supplement FDCPA, #2 Supplement Homeowner's Notice, #3 Exhibit Mortgage, #4 Exhibit Note, #5 Exhibit AOM)(Bochnowski, Julia) |
| CASE ASSIGNED to the Honorable Frederick J. Kapala. (pg, ) |
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