Wallace v. Midwest Financial & Mortgage Services, Inc. et al
| Harold C. Wallace |
| Quinton Durham, Jr., Mortgageit, Inc., Shane Soard, Midwest Financial & Mortgage Services, Inc. and Accupraise, Inc. |
| 2:2007cv00131 |
| August 16, 2007 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| Adair |
| David L. Bunning |
| Fraud or Truth-In-Lending |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
252
MEMORANDUM OPINION & ORDER: 1) Defendant David Schlueter's Motion for Summary Judgment 146 is GRANTED on Count II (RICO Conspiracy) as it relates to an illegal kickback conspiracy; and DENIED on Counts I (Civil RICO); II (RI CO Conspiracy) as it relates to fraudulent appraisal scheme and VII (Civil Conspiracy); 2) Defendant Bryan Bates's Motion for Summary Judgment 146 is GRANTED on Counts I (Civil RICO), II (RICO Conspiracy), and VII (Civil Conspiracy); 3) Defendant Midwest Financial & Mortgage Services Inc's Motion for Summary Judgment 146 is GRANTED on Count VII (Civil Conspiracy); 4) Defendant MortgageIT, Inc's Motion for Summary Judgment 149 is GRANTED on Count II (RICO Conspiracy); 5) The remaining parties shall file a Joint Status Report within 20 days of the date of entry of this Order setting forth proposed dates for a final pretrial conference and trial and how many days the parties expect the trial to last. Signed by Judge David L. Bunning on 11/19/2014.(TJZ)cc: COR
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Filing
176
MEMORANDUM OPINION & ORDER: It is ordered as follows: 1) Dfts Midwest Financial & Mortgage Services, First financial Home Lending, Inc., David Schlueter and Bryan Bates' Motion for summary judgment 146 is hereby GRANTED IN PART AND DENIED IN PART. a) Summary Judgment is GRANTED in favor of these defendants as to Counts 1 (Civil RICO), II (RICO Conspiracy), III (TILA) and VII (Civil Conspiracy); b) Summary Judgment is DENIED as to Counts III (RESPA); IV (Breach of contract); V (Scheme of Fraud); VI (Breach of Fiduciary Duty) and VIII (Successor Liability); 2) Dft MortgageIT, Inc.'s Motion for summary Judgment 149 is hereby GRANTED IN PART and DENIED IN PART; a. Summary Judgment is hereby GRANTED in favor of defendant MortgageI T, Inc. as to Counts II (RICO Conspiracy); Count III (TILA); Count IV (Breach of Contract) and Count VII (Civil Conspiracy); b. Summary Judgment is DENIED as to Count III (RESPA); 3. Summary Judgment is hereby GRANTED SUA SPONE in favor of dft Shane Soard as to Counts II (RICO Conspiracy), III (TILA) and VII (Civil Conspiracy); 4) As the Joint Notice filed by the parties on July 9, 2010 175 did not address the effect plf's Chapter 13 bankruptcy filings will have on this case going forward , the parties shall, on or before August 2, 2010 file a Joint Notice which specifically discusses the impact plf's bankruptcy will have on mediation and future proceedings in this case; 5) TELEPHONE SCHEDULING CONFERENCE set for 8/11/2010 at 11:00 AM in COVINGTON before Judge David L. Bunning. The Court will initiate the call. Signed by Judge David L. Bunning on 7/16/10.(TED)cc: COR
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