Pennington et al v. EquiFirst Corporation et al
| Billy Pennington and Barbara Pennington |
| EquiFirst Corporation, Mortgage Electronic Registration Systems, Barclays Capital Real Estate Inc., Bank of New York Mellon Trust Company, National Association, The, C12 Capital Management LP, Martin, Leigh, Laws & Fritzlen, P.C. and Does 1-100 |
| 6:2010cv01344 |
| October 4, 2010 |
| US District Court for the District of Kansas |
| Wichita Office |
| Butler |
| Richard D. Rogers |
| K. Gary Sebelius |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
61
MEMORANDUM AND ORDER granting 59 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Richard D. Rogers on 6/10/2011. (Mailed to pro se party Billy and Barbara J. Pennington by certified mail; Certified Tracking Number: 70101060000094206987) (bt)
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Filing
56
MEMORANDUM AND ORDER the court shall consider plaintiffs proposed amended complaint at Doc. No. 47 to be a moot pleading and assume that plaintiffs wish to proceed upon the proposed amended complaint at Doc. No. 53. The court shall grant plaintiffs leave to file and proceed upon Doc. No. 53 solely for the purpose of bringing a RESPA claim against defendant EquiFirst. To this extent, plaintiffs motion to amend (Doc. No. 36) is granted. The other causes of action as described in the original co mplaint and the amended complaint shall be dismissed without prejudice. Thus, defendant EquiFirsts motion to dismiss (Doc. No. 29) is granted in part and denied in part. Defendant Barclays motion to dismiss (Doc. No. 29) is granted and the claims a gainst Barclays are dismissed without prejudice. The other motions to dismiss (Doc. Nos. 13, 15, 16 and 49) are granted and the claims against defendants MERS, MLLF, C12 Capital Management LP, and BONY are dismissed without prejudice. Signed by District Judge Richard D. Rogers on 4/21/2011.Mailed to pro se party Billy and Barbara Pennington by certified mail ; Certified Tracking Number: 70101060000094211066/70101060000094211073 (meh)
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Filing
44
MEMORANDUM AND ORDER: Plaintiffs are hereby granted 30 days from the date of this order to obtain service of process upon defendant BONY. If plaintiffs do not obtain service of process within that period of time, defendant BONYs motion to dismiss sh all be granted. Plaintiffs are also granted 30 days from the date of this order to submit a proposed amended complaint. If plaintiffs do not timely submit a proposed amended complaint, the court shall grant defendants motions to dismiss. If plainti ffs timely submit a proposed amended complaint, the court will assess whether it would be futile to grant plaintiffs leave to file the amended complaint and whether this action must be dismissed as to some or all of the defendants.. Signed by District Judge Richard D. Rogers on 1/31/2011.Mailed to pro se party Billy Pennington, Barbara Pennington by certified mail ; Certified Tracking Number: 70092250000229215190 and 70092250000229215183(meh)
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Filing
37
ORDER re 36 MOTION to Amend Complaint re 1 Complaint filed by Barbara J. Pennington, Billy Pennington, 35 Response to Motion, filed by Barbara J. Pennington, Billy Pennington. Defendants have 14 days from December 30, 2010 to file a reply to plaintiffs' response and/or a response to plaintiffs' motion to amend. Signed by District Judge Richard D. Rogers on 1/4/2011.Mailed to pro se party Billy Pennington and Barbara Pennington by regular mail (meh)
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Filing
4
ORDER denying 3 Plaintiffs' Motion for TRO. Signed by District Judge Richard D. Rogers on 10/8/10. (meh)
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