DAVIS et al v. COUNTRYWIDE HOME LOANS, INC. et al Featured Case

Class-action complaint against Bank of America (BofA) and Countrywide Home Loans, Inc. filed by homeowners, charging, in part, that their foreclosure proceedings were based upon improper 'robo-signing' of affidavits.

Plaintiff: DWAYNE RANSOM DAVIS and MELISA DAVIS
Defendant: BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A. and COUNTRYWIDE HOME LOANS, INC.
Case Number: 1:2010cv01303
Filed: October 20, 2010
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Debra McVicker Lynch
Presiding Judge: Jane Magnus-Stinson
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18:1961 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 4, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2011 Filing 46 JUDGMENT entered in favor of Defendants against Plaintiffs. Plaintiffs shall take nothing by way of their Complaint against Defendants. Signed by Judge Jane Magnus-Stinson on 3/4/2011.(LBK)
March 4, 2011 Opinion or Order Filing 45 ORDER ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT. For the reasons detailed herein, the Court concludes that the Rooker-Feldman doctrine applies and that this Court lacks jurisdiction over the Davises' federal claims. Therefore, the Court GRANTS the Defendants' Motion to Dismiss and dismisses this case for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Judgment shall be entered accordingly. Signed by Judge Jane Magnus-Stinson on 3/4/2011. (LBK)
March 3, 2011 Filing 44 NOTICE of Service of Initial Disclosures, filed by Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (Pavlack, Eric)
March 1, 2011 Opinion or Order Filing 43 STIPULATED PROTECTIVE ORDER - APPROVED and signed by Magistrate Judge Debra McVicker Lynch on 3/1/2011. (TMA)
February 28, 2011 Filing 42 Joint MOTION for Protective Order, filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC., Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order, # 2 Exhibit 1 Acknowledgement and Nondisclosure Agreement)(Goodknight, Libby)
February 28, 2011 Filing 41 CASE MANAGEMENT PLAN TENDERED, filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC., Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (Goodknight, Libby)
February 21, 2011 Filing 40 NOTICE of Service of Initial Disclosures, filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
January 6, 2011 Filing 39 REPLY BRIEF/MEMORANDUM in Support re 13 MOTION to Dismiss, filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B)(Strzynski, Matthew) Modified on 1/7/2011 (MRI).
December 15, 2010 Opinion or Order Filing 38 ORDER granting 37 Motion for Extension of Time to 1/6/2011 to file Reply re 13 MOTION to Dismiss. Signed by Judge Jane Magnus-Stinson on 12/15/2010. (LBK)
December 14, 2010 Filing 37 Unopposed MOTION for Extension of Time to January 6, 2011 to file reply to 13 MOTION to Dismiss, filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Attachments: # 1 Text of Proposed Order)(Strzynski, Matthew)
December 14, 2010 Opinion or Order Filing 36 ORDER granting 12 Motion to Appear pro hac vice. Attorney Brian E. Pumphrey for BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., and for COUNTRYWIDE HOME LOANS, INC. added. Signed by Magistrate Judge Debra McVicker Lynch on 12/14/2010. c/m (TMA)
December 14, 2010 Opinion or Order Filing 35 ORDER granting 11 Motion to Appear pro hac vice. Attorney Bryan A. Fratkin for BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., and for COUNTRYWIDE HOME LOANS, INC. added. Signed by Magistrate Judge Debra McVicker Lynch on 12/14/2010. c/m (TMA)
December 14, 2010 Opinion or Order Filing 34 ORDER granting 10 Motion to Appear pro hac vice. Attorney J. William Boland for BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., and for COUNTRYWIDE HOME LOANS, INC. added. Signed by Magistrate Judge Debra McVicker Lynch on 12/14/2010. (TMA)
December 14, 2010 Opinion or Order Filing 33 ORDER granting 9 Motion to Appear pro hac vice. Attorney Bradley R. Kutrow for BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., and for COUNTRYWIDE HOME LOANS, INC. added. Signed by Magistrate Judge Debra McVicker Lynch on 12/14/2010. c/m (TMA)
December 13, 2010 Filing 32 RESPONSE in Opposition re 13 MOTION to Dismiss, filed by Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (Levin, Irwin)
December 10, 2010 Opinion or Order Filing 31 ORDER granting 8 Motion to Appear pro hac vice. Attorney Richard Cullen for BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., and for COUNTRYWIDE HOME LOANS, INC. added. Signed by Magistrate Judge Debra cVicker Lynch on 12/10/2010. c/m (TMA)
December 8, 2010 Filing 30 DECLARATION of Bradley R. Kutrow in Support of Application for Leave to Appear Pro Hac Vice by BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
December 8, 2010 Filing 29 DECLARATION of J. William Boland in Support of Application for Leave to Appear Pro Hac Vice by BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
December 8, 2010 Filing 28 DECLARATION of Richard Cullen in Support of Application for Leave to Appear Pro Hac Vice by BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
December 8, 2010 Filing 27 DECLARATION of Bryan A. Fratkin in Support of Application for Leave to Appear Pro Hac Vice by BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
December 8, 2010 Filing 26 DECLARATION of Brian A. Pumphrey in Support of Application for Leave to Appear Pro Hac Vice by BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
November 29, 2010 Opinion or Order Filing 25 ORDER granting 24 Motion for Extension of Time to File Response to 12/13/2010 re 13 MOTION to Dismiss. Signed by Judge Jane Magnus-Stinson on 11/29/2010. (LBK)
November 23, 2010 Filing 24 MOTION for Extension of Time to December 13, 2010 to file response to 13 MOTION to Dismiss, filed by Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (Attachments: # 1 Text of Proposed Order)(Pavlack, Eric)
November 15, 2010 Filing 23 RECEIPT #IP021131 in the amount of $ 30.00 pro hac vice fee Bradley R. Kutrow. (LBK)
November 12, 2010 Filing 22 RECEIPT #IP021132 in the amount of $ 30.00 pro hac vice fee J. William Boland. (LBK)
November 12, 2010 Filing 21 RECEIPT #IP021133 in the amount of $ 30.00 pro hac vice fee Bryan A. Fratkin. (LBK)
November 12, 2010 Filing 20 RECEIPT #IP021134 in the amount of $ 30.00 pro hac vice fee Brian E. Pumphrey. (LBK)
November 12, 2010 Filing 19 RECEIPT #IP021135 in the amount of $ 30.00 for pro hac vice fee Richard Cullen. (LBK)
November 10, 2010 Filing 18 Corporate Disclosure Statement by COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
November 10, 2010 Filing 17 Corporate Disclosure Statement by BANK OF AMERICA, N.A.. (Strzynski, Matthew)
November 10, 2010 Filing 16 Corporate Disclosure Statement by BAC HOME LOANS SERVICING, LP. (Strzynski, Matthew)
November 10, 2010 Filing 15 Corporate Disclosure Statement by BAC GP, LLC. (Strzynski, Matthew)
November 10, 2010 Filing 14 BRIEF/MEMORANDUM in Support re 13 MOTION to Dismiss, filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
November 10, 2010 Filing 13 MOTION to Dismiss, filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
November 10, 2010 Filing 12 MOTION for Attorney(s) Brian Pumphrey to Appear pro hac vice., filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order on Admission of Brian Pumphrey)(Strzynski, Matthew)
November 10, 2010 Filing 11 MOTION for Attorney(s) Bryan Fratkin to Appear pro hac vice., filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order on Admission of Bryan Fratkin)(Strzynski, Matthew)
November 10, 2010 Filing 10 MOTION for Attorney(s) William Boland to Appear pro hac vice., filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order on Admission of William Boland)(Strzynski, Matthew)
November 10, 2010 Filing 9 MOTION for Attorney(s) Bradley Kutrow to Appear pro hac vice., filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order on Admission of Bradley Kutrow)(Strzynski, Matthew)
November 10, 2010 Filing 8 MOTION for Attorney(s) Richard Cullen to Appear pro hac vice., filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order od Admission of Richard Cullen)(Strzynski, Matthew)
November 10, 2010 Filing 7 NOTICE of Appearance by Matthew R. Strzynski on behalf of Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew)
November 10, 2010 Filing 6 NOTICE of Appearance by Libby Yin Goodknight on behalf of Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Goodknight, Libby)
October 19, 2010 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM)
October 19, 2010 Filing 4 NOTICE of Lawsuit & Request for Waiver of Service for Summons Supplied by DWAYNE RANSOM DAVIS, MELISA DAVIS (AAM)
October 19, 2010 Filing 3 RECEIPT #IP020610 in the amount of $ 350.00 (AAM)
October 19, 2010 Filing 2 CIVIL COVER SHEET, filed by Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (AAM)
October 19, 2010 Filing 1 COMPLAINT against Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., and COUNTRYWIDE HOME LOANS, INC. with Jury Demand, filed by Plaintiffs DWAYNE RANSOM DAVIS and MELISA DAVIS. (Attachments: # 1 Exhibit A: Rush County Superior Court Complaint, # 2 Exhibit B: Affidavit of Mortgagee and Non-Military, # 3 Exhibit C: Updated Affidavit of Mortgagee and Non Military)(AAM)

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Defendant: BAC GP, LLC
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Defendant: BAC HOME LOANS SERVICING, LP
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Defendant: BANK OF AMERICA, N.A.
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Defendant: COUNTRYWIDE HOME LOANS, INC.
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Plaintiff: DWAYNE RANSOM DAVIS
Represented By: Gabriel Adam Hawkins
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Plaintiff: MELISA DAVIS
Represented By: Gabriel Adam Hawkins
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