MCKINNEY et al v. REAL TIME RESOLUTIONS, INC. et al
| RALPH FREDERIC MCKINNEY and CHERYL DAY MCKINNEY |
| THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWABS MASTER TRUST, REVOLVING HOME EQUITY LOAN ASSET BACKED, BANK OF AMERICA HOME LOANS AS SUCCESSOR IN INTEREST TO COUNTRYWIDE HOME LOANS, INC., REAL TIME RESOLUTIONS, INC., BANK OF NEW YORK MELLON, BANK OF AMERICA HOME LOANS and AMERICA'S WHOLESALE LENDER |
| 1:2019cv02955 |
| July 17, 2019 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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| Filing 34 Unopposed MOTION for Extension of Time to File Reply to 10/31/2019 re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS, BANK OF NEW YORK MELLON. (Attachments: #1 Text of Proposed Order)(Bailen, Neal) |
| Filing 33 MOTION for Extension of Time to October 31, 2019 , filed by Defendant REAL TIME RESOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time)(Paige, Pamela) |
| Filing 32 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Overturf, Weston) |
| Filing 31 NOTICE of Service of Initial Disclosures , filed by Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Jeter, Christopher) |
| Filing 30 NOTICE of Service of Initial Disclosures , filed by Defendant REAL TIME RESOLUTIONS, INC.. (Paige, Pamela) |
| Filing 29 NOTICE of Service of Initial Disclosures , filed by Defendants BANK OF AMERICA HOME LOANS, BANK OF NEW YORK MELLON. (Bailen, Neal) |
Filing 28
ORDER CASE MANAGEMENT PLAN Approved as Amended. MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Initial Pretrial Conference held on 9/20/2019. Discovery due by 4/22/2020., Dispositive Motions due by 7/13/2020. (See Order) Signed by Magistrate Judge Tim A. Baker. (MAC)
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Filing 27
ORDER granting #26 Motion to Appear pro hac vice. Attorney Michael A. Fleming for REAL TIME RESOLUTIONS, INC. added. Signed by Magistrate Judge Tim A. Baker on 9/24/2019 (dist made) (CBU)
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| Filing 26 MOTION for Attorney(s) Michael A. Fleming to Appear pro hac vice (Filing fee $100, receipt number 0756-5638333), filed by Defendant REAL TIME RESOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Paige, Pamela) |
| Filing 24 BRIEF/MEMORANDUM in Support re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS, BANK OF NEW YORK MELLON. (Attachments: #1 Exhibit A - Certificate of Assumed Business Name & Amended Certificate of Authority, #2 Exhibit B - First Mortgage, #3 Exhibit C - Second Mortgage, #4 Exhibit D - Bankruptcy Petition, #5 Exhibit E - Motion to Avoid Second Mortgage, #6 Exhibit F - Avoidance Order, #7 Exhibit G - Notice of Chapter 7 Bankruptcy Case, #8 Exhibit H - Statement of Intention, #9 Exhibit I - Trustee's Final Report)(Bailen, Neal) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS, BANK OF NEW YORK MELLON. (Attachments: #1 Text of Proposed Order)(Bailen, Neal) |
| Filing 22 Corporate Disclosure Statement by BANK OF NEW YORK MELLON identifying Corporate Parent BANK OF NEW YORK MELLON CORPORATION for BANK OF NEW YORK MELLON.. (Bailen, Neal) |
| Filing 21 NOTICE of Appearance by Neal F. Bailen on behalf of Defendant BANK OF NEW YORK MELLON. (Bailen, Neal) |
| Filing 20 BRIEF/MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant REAL TIME RESOLUTIONS, INC.. (Paige, Pamela) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant REAL TIME RESOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss)(Paige, Pamela) |
| Filing 18 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY . (Jeter, Christopher) |
| Filing 17 Corporate Disclosure Statement by REAL TIME RESOLUTIONS, INC. identifying Corporate Parent Real Time Group, Inc. for REAL TIME RESOLUTIONS, INC... (Paige, Pamela) |
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Filing 16
ORDER granting Defendant Real Time's #15 Motion for Extension of Time to File response to complaint to 9/17/2019. Signed by Magistrate Judge Tim A. Baker on 9/10/2019. (SWM)
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| Filing 15 Unopposed MOTION for Extension of Time to September 17, 2019 , filed by Defendant REAL TIME RESOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order Granting Extension of Time)(Paige, Pamela) |
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Filing 14
SCHEDULING ORDER: Initial Pretrial Conference set for 9/20/2019 03:30 PM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. If a proposed Case Management Plan("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/29/2019.(SWM)
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| Filing 13 Corporate Disclosure Statement by AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS identifying Corporate Parent BERKSHIRE HATHAWAY INC., Corporate Parent BANK OF AMERICA CORPORATION, Corporate Parent COUNTRYWIDE FINANCIAL CORPORATION for AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS.. (Bailen, Neal) |
| Filing 12 NOTICE of Parties' First Extension of Time, filed by Defendants AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS. (Bailen, Neal) |
| Filing 11 NOTICE of Appearance by Neal F. Bailen on behalf of Defendants AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS. (Bailen, Neal) |
| Filing 10 NOTICE of Parties' First Extension of Time, filed by Defendant REAL TIME RESOLUTIONS, INC.. (Paige, Pamela) |
| Filing 9 NOTICE of Appearance by Pamela A. Paige on behalf of Defendant REAL TIME RESOLUTIONS, INC.. (Paige, Pamela) |
| Filing 8 Summons (Alias - Amended) Issued as to AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS, REAL TIME RESOLUTIONS, INC. (DWH) |
| Filing 7 NOTICE of Appearance by Christopher Paul Jeter on behalf of Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Jeter, Christopher) |
| Filing 6 Proposed Summons submitted for issuance by the clerk as to AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS, REAL TIME RESOLUTIONS, INC.. (Overturf, Weston) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 4 Summons Issued as to AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS, BANK OF NEW YORK MELLON. (REO) |
| Filing 3 NOTICE of Appearance by Sarah L. Fowler on behalf of Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Fowler, Sarah) |
| Filing 2 NOTICE of Appearance by Weston E. Overturf on behalf of Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Overturf, Weston) |
| Filing 1 COMPLAINT against BANK OF AMERICA HOME LOANS AS SUCCESSOR IN INTEREST TO COUNTRYWIDE HOME LOANS, INC., REAL TIME RESOLUTIONS, INC., THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWABS MASTER TRUST, REVOLVING HOME EQUITY LOAN ASSET BACKED, filed by RALPH FREDERIC MCKINNEY, CHERYL DAY MCKINNEY. (Filing fee $400, receipt number 0756-5533571) (Attachments: #1 Exhibit 1 Avoidance Order, #2 Exhibit 2 Proof of Claim, #3 Exhibit 3 Discharge, #4 Exhibit 4 Account Statements, #5 Exhibit 5 Discharge, #6 Exhibit 6 Transaction History, #7 Exhibit 7 Transfer of Claim, #8 Exhibit 8 Credit Reports, #9 Exhibit 9 Correspondence, #10 Exhibit 10 Bankruptcy Notice, #11 Civil Cover Sheet, #12 Proposed Summons)(Overturf, Weston) |
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