DAVIS et al v. COUNTRYWIDE HOME LOANS, INC. et al
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.
| DWAYNE RANSOM DAVIS and MELISA DAVIS |
| BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A. and COUNTRYWIDE HOME LOANS, INC. |
| 1:2010cv01303 |
| October 20, 2010 |
| U.S. District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| 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) |
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)
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| Filing 44 NOTICE of Service of Initial Disclosures, filed by Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (Pavlack, Eric) |
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Filing 43
STIPULATED PROTECTIVE ORDER - APPROVED and signed by Magistrate Judge Debra McVicker Lynch on 3/1/2011. (TMA)
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| 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) |
| 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) |
| 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) |
| 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). |
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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)
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| 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) |
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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)
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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)
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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)
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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)
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| Filing 32 RESPONSE in Opposition re 13 MOTION to Dismiss, filed by Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (Levin, Irwin) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 23 RECEIPT #IP021131 in the amount of $ 30.00 pro hac vice fee Bradley R. Kutrow. (LBK) |
| Filing 22 RECEIPT #IP021132 in the amount of $ 30.00 pro hac vice fee J. William Boland. (LBK) |
| Filing 21 RECEIPT #IP021133 in the amount of $ 30.00 pro hac vice fee Bryan A. Fratkin. (LBK) |
| Filing 20 RECEIPT #IP021134 in the amount of $ 30.00 pro hac vice fee Brian E. Pumphrey. (LBK) |
| Filing 19 RECEIPT #IP021135 in the amount of $ 30.00 for pro hac vice fee Richard Cullen. (LBK) |
| Filing 18 Corporate Disclosure Statement by COUNTRYWIDE HOME LOANS, INC.. (Strzynski, Matthew) |
| Filing 17 Corporate Disclosure Statement by BANK OF AMERICA, N.A.. (Strzynski, Matthew) |
| Filing 16 Corporate Disclosure Statement by BAC HOME LOANS SERVICING, LP. (Strzynski, Matthew) |
| Filing 15 Corporate Disclosure Statement by BAC GP, LLC. (Strzynski, Matthew) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) |
| Filing 4 NOTICE of Lawsuit & Request for Waiver of Service for Summons Supplied by DWAYNE RANSOM DAVIS, MELISA DAVIS (AAM) |
| Filing 3 RECEIPT #IP020610 in the amount of $ 350.00 (AAM) |
| Filing 2 CIVIL COVER SHEET, filed by Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (AAM) |
| 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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