MCKINNEY et al v. REAL TIME RESOLUTIONS, INC. et al
Plaintiff: RALPH FREDERIC MCKINNEY and CHERYL DAY MCKINNEY
Defendant: 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
Case Number: 1:2019cv02955
Filed: July 17, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: James Patrick Hanlon
Nature of Suit: Consumer Credit
Cause of Action: 15:1692
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2019 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)
October 17, 2019 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)
October 11, 2019 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)
October 11, 2019 Filing 31 NOTICE of Service of Initial Disclosures , filed by Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Jeter, Christopher)
October 11, 2019 Filing 30 NOTICE of Service of Initial Disclosures , filed by Defendant REAL TIME RESOLUTIONS, INC.. (Paige, Pamela)
October 11, 2019 Filing 29 NOTICE of Service of Initial Disclosures , filed by Defendants BANK OF AMERICA HOME LOANS, BANK OF NEW YORK MELLON. (Bailen, Neal)
September 25, 2019 Opinion or Order 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)
September 24, 2019 Opinion or Order 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)
September 19, 2019 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)
September 17, 2019 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)
September 17, 2019 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)
September 17, 2019 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)
September 17, 2019 Filing 21 NOTICE of Appearance by Neal F. Bailen on behalf of Defendant BANK OF NEW YORK MELLON. (Bailen, Neal)
September 17, 2019 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)
September 17, 2019 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)
September 17, 2019 Filing 18 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY . (Jeter, Christopher)
September 17, 2019 Filing 17 Corporate Disclosure Statement by REAL TIME RESOLUTIONS, INC. identifying Corporate Parent Real Time Group, Inc. for REAL TIME RESOLUTIONS, INC... (Paige, Pamela)
September 10, 2019 Opinion or Order 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)
September 6, 2019 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)
August 29, 2019 Opinion or Order 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)
August 21, 2019 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)
August 21, 2019 Filing 12 NOTICE of Parties' First Extension of Time, filed by Defendants AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS. (Bailen, Neal)
August 21, 2019 Filing 11 NOTICE of Appearance by Neal F. Bailen on behalf of Defendants AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS. (Bailen, Neal)
August 19, 2019 Filing 10 NOTICE of Parties' First Extension of Time, filed by Defendant REAL TIME RESOLUTIONS, INC.. (Paige, Pamela)
August 19, 2019 Filing 9 NOTICE of Appearance by Pamela A. Paige on behalf of Defendant REAL TIME RESOLUTIONS, INC.. (Paige, Pamela)
July 25, 2019 Filing 8 Summons (Alias - Amended) Issued as to AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS, REAL TIME RESOLUTIONS, INC. (DWH)
July 22, 2019 Filing 7 NOTICE of Appearance by Christopher Paul Jeter on behalf of Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Jeter, Christopher)
July 19, 2019 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)
July 18, 2019 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
July 18, 2019 Filing 4 Summons Issued as to AMERICA'S WHOLESALE LENDER, BANK OF AMERICA HOME LOANS, BANK OF NEW YORK MELLON. (REO)
July 17, 2019 Filing 3 NOTICE of Appearance by Sarah L. Fowler on behalf of Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Fowler, Sarah)
July 17, 2019 Filing 2 NOTICE of Appearance by Weston E. Overturf on behalf of Plaintiffs CHERYL DAY MCKINNEY, RALPH FREDERIC MCKINNEY. (Overturf, Weston)
July 17, 2019 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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Defendant: 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
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Defendant: BANK OF AMERICA HOME LOANS AS SUCCESSOR IN INTEREST TO COUNTRYWIDE HOME LOANS, INC.
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Defendant: REAL TIME RESOLUTIONS, INC.
Represented By: Pamela A. Paige
Represented By: Michael A. Fleming
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Defendant: BANK OF NEW YORK MELLON
Represented By: Neal F. Bailen
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Defendant: BANK OF AMERICA HOME LOANS
Represented By: Neal F. Bailen
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Defendant: AMERICA'S WHOLESALE LENDER
Represented By: Neal F. Bailen
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Plaintiff: RALPH FREDERIC MCKINNEY
Represented By: Sarah L. Fowler
Represented By: Weston E. Overturf
Represented By: Christopher Paul Jeter
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Plaintiff: CHERYL DAY MCKINNEY
Represented By: Sarah L. Fowler
Represented By: Weston E. Overturf
Represented By: Christopher Paul Jeter
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