Hicks v. Potestivo & Associates, P.C. et al
| Marlon Hicks |
| Potestivo & Associates, P.C., Ocwen Loan Servicing, LLC and U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-NC1 |
| 2:2019cv11038 |
| April 10, 2019 |
| US District Court for the Eastern District of Michigan |
| Linda V Parker |
| R Steven Whalen |
| Real Property: Foreclosure |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.
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Filing 20
OPINION AND ORDER Granting #4 Motion to Dismiss and #5 Motion to Dismiss. Signed by District Judge Linda V. Parker. (MacKay, K)
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| TEXT-ONLY CERTIFICATE OF SERVICE re #20 Order on Motion to Dismiss, on Marlon Hicks 14984 Archdale Detroit, MI 48227 (MacKay, K) |
| TEXT-ONLY NOTICE: Motion Hearings on 7/9/2019 are Cancelled. Plaintiff failed to contact the Court by 3:00 p.m., on 7/8/2019. The Court will issue an Opinion and Order on the pending motions. (MacKay, K) |
| TEXT-ONLY CERTIFICATE OF SERVICE re Text only notice issued 7/8/2019 on Marlon Hicks 14984 Archdale Detroit, MI 48227 (MacKay, K) |
| TEXT-ONLY CERTIFICATE OF SERVICE re Minute Entry on 6/21/19 Status Conference, on Marlon Hicks at 14984 Archdale, Detroit, MI 48227. (RLou) |
| Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 6/21/2019. Disposition: Plaintiff MUST have an attorney by July 8, 2019. Plaintiff shall contact the Court's Case Manager by 3:00 PM on July 8, 2019, to inform the Court of who he has obtained as an attorney. The Court will cancel the motion hearing that is scheduled for July 9, 2019, and issue an Opinion and Order on the pending motions if the Plaintiff does not have an attorney by July 8, 2019. (Court Reporter: None Present, Not on the Record) (RLou) |
| Filing 19 CERTIFICATE OF SERVICE re #8 Motion for preliminary injunction by Marlon Hicks (DPer) |
| Filing 18 NOTICE OF HEARING on #5 MOTION to Dismiss Pursuant to Rule 12(b)(6), #4 MOTION to Dismiss. Motion Hearing set for 7/9/2019 at 3:00 PM before District Judge Linda V. Parker (RLou) |
| Filing 17 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6/21/2019 at 2:30 PM before District Judge Linda V. Parker (RLou) |
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Filing 16
OPINION and ORDER (1) Denying Plaintiff's #8 Emergency Motion for Preliminary Injunction. Signed by District Judge Linda V. Parker. (RLou)
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| TEXT-ONLY CERTIFICATE OF SERVICE re #17 Notice to Appear, #18 Notice of Hearing on Motion, #16 Order on Motion for Preliminary Injunction, Minute Entry, on Marlon Hicks at 14984 Archdale, Detroit, MI 48227. (RLou) |
| Minute Entry for proceedings before District Judge Linda V. Parker: Motion Hearing held on 6/7/2019 re #8 Motion for Preliminary Injunction filed by Marlon Hicks. Disposition: Motion Denied. The Court will make a decision on the pending #4 Motion to Dismiss, and #5 Motion to Dismiss, at a later date. (Court Reporter: Darlene May) (RLou) |
| Filing 15 ATTORNEY APPEARANCE: David M. Dell appearing on behalf of Ocwen Loan Servicing, LLC, U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-NC1 (Dell, David) |
| Filing 14 NOTICE OF HEARING on #5 MOTION to Dismiss Pursuant to Rule 12(b)(6), #8 MOTION for Preliminary Injunction, #4 MOTION to Dismiss. Motion Hearing set for 6/7/2019 at 11:00 AM before District Judge Linda V. Parker (RLou) |
| TEXT-ONLY CERTIFICATE OF SERVICE re #14 Notice of Hearing on Motion, on Marlon Hicks at 14984 Archdale, Detroit, MI 48227. (RLou) |
| Filing 12 RESPONSE to #8 MOTION for Preliminary Injunction filed by Potestivo & Associates, P.C.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - April 5, 2019 Judgment of Possession, #3 Exhibit 2 - April 30, 2019 Order of Eviction, #4 Exhibit 3 - Plaintiff's May 2, 2019 Motion for Relief of a Void Judgment Under MCR 2.612(C)(1)(d)/Motion for Injunctive Relief and Declaratory Judgment, #5 Exhibit 4 - May 6, 2019 Order Denying Plaintiff's Motion for Relief of a Void Judgment Under MCR 2.612(C)(1)(d)/Motion for Injunctive Relief and Declaratory Judgment) (Neumann, Chantelle) |
| Filing 11 RESPONSE to #8 MOTION for Preliminary Injunction filed by Ocwen Loan Servicing, LLC, U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-NC1. (Attachments: #1 Index of Exhibits, #2 Exhibit A-Mortgage, #3 Exhibit B-Assignment, #4 Exhibit C-Sheriff's Deed, #5 Exhibit D-Eviction Court Docket, #6 Exhibit E-Michigan DIFS License Search, #7 Exhibit F-Unpublished Decisions) (Munaco, Theresa) |
| Filing 10 REPLY to Response re #4 MOTION to Dismiss filed by Ocwen Loan Servicing, LLC, U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-NC1. (Attachments: #1 Index of Exhibits, #2 Exhibit A-Hicks Response to Motion to Dismiss, #3 Exhibit B-Probate Court Docket, #4 Exhibit C-Unpublished Decisions) (Munaco, Theresa) |
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Filing 9
ORDER Requiring Response to #8 Motion for Preliminary Injunction. Response due by 5/29/2019. Signed by District Judge Linda V. Parker. (RLou)
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| Filing 8 EMERGENCY MOTION for a preliminary injunction by Marlon Hicks. (DPer) |
| TEXT-ONLY CERTIFICATE OF SERVICE re #9 Order Requiring Responsive Pleading on Marlon Hicks at 14984 Archdale, Detroit, MI 48227. (RLou) |
| Filing 13 RESPONSE to #4 MOTION to Dismiss filed by Marlon Hicks. (SSch) |
| Filing 7 RESPONSE to #5 Motion to dismiss filed by Marlon Hicks. (DPer) |
| Filing 6 NOTICE of Appearance by Thomas M. Schehr on behalf of Ocwen Loan Servicing, LLC, U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-NC1. (Schehr, Thomas) |
| Filing 5 MOTION to Dismiss Pursuant to Rule 12(b)(6) by Potestivo & Associates, P.C.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Mortgage, #3 Exhibit 2 - Notice of Debt Dated July 24, 2018, #4 Exhibit 3 - August 7, 2018 Dispute, #5 Exhibit 4 - Verification of the Debt, #6 Exhibit 5 - Sheriff's Deed, #7 Exhibit 6 - Morton v. Bank of America, N.A., #8 Exhibit 7 - Hayon v. Fannie Mae, #9 Exhibit 8 - Conlin v. MERS, #10 Exhibit 9 - Obduskey v. McCarthy & Holthus, LLP, #11 Exhibit 10 - Laccinole v. Twin Oaks Software Dev., Inc., #12 Exhibit 11 - Chomilo v. Shapiro, Nordmeyer & Zielke, LLP) (Neumann, Chantelle) |
| Filing 4 MOTION to Dismiss by Ocwen Loan Servicing, LLC, U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-NC1. (Attachments: #1 Index of Exhibits, #2 Exhibit A-Mortgage, #3 Exhibit B-Assignment, #4 Exhibit C-Sheriff's Deed, #5 Exhibit D-Michigan DIFS Search Results, #6 Exhibit E-Unpublished Decisions) (Munaco, Theresa) |
| Filing 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Potestivo & Associates, P.C. (Neumann, Chantelle) |
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Filing 2
ORDER Regarding Removal. Signed by District Judge Linda V. Parker. (RLou)
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| Filing 1 NOTICE OF REMOVAL by Potestivo & Associates, P.C. from Wayne County Circuit Court, case number 19-002904-CZ. Receipt No: 0645-7191421 - Fee: $ 400 [Previously dismissed case: No] [Possible companion case(s): 36th District Court, 19-347224-LT, Judge Donald Coleman] (Attachments: #1 Civil Cover Sheet, #2 Proof of Service) (Neumann, Chantelle) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DWor) |
| TEXT-ONLY CERTIFICATE OF SERVICE re #2 Order on Marlon Hicks at 14984 Archdale, Detroit, MI 48227. (RLou) |
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