Lee et al v. Cincinnati Capital Corporation
| Owen V Lee and Heather Lee |
| Cincinnati Capital Corporation and Joseph Engelhart |
| 2:2019cv12133 |
| July 22, 2019 |
| US District Court for the Eastern District of Michigan |
| Sean F Cox |
| R Steven Whalen |
| Real Property: Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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Filing 35
NOTICE of Appearance by Cynthia M. Filipovich on behalf of All Plaintiffs. (Filipovich, Cynthia)
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Filing 34
AMENDED ANSWER to Complaint #8 Amended Complaint with Affirmative Defenses , COUNTERCLAIM filed by Cincinnati Capital Corporation against Heather Lee, Owen V Lee by Cincinnati Capital Corporation. (Clark, Andrew)
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Filing 33
ORDER Regarding Motions Pertaining to Proposed Scheduling Order. (Proposed Scheduling Orders and Motions due by 3/6/2020, Responses due by 3/19/2020) Signed by District Judge Sean F. Cox. (JMcC)
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Filing 32
NOTICE TO APPEAR: Scheduling Conference set for 3/5/2020 at 10:00 AM before District Judge Sean F. Cox (JMcC)
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Filing 31
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Asimakis, William)
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Minute Entry for proceedings before District Judge Sean F. Cox: Scheduling Conference held on 2/18/2020. (JMcC)
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Filing 30
NOTICE TO APPEAR: Re-Scheduled Scheduling Conference set for 2/18/2020 at 02:30 PM before District Judge Sean F. Cox (Zaidel, B)
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Filing 29
ANSWER to Amended Complaint with Affirmative Defenses by Cincinnati Capital Corporation. (Clark, Andrew)
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Filing 28
NOTICE of Appearance by Andrew Clark on behalf of Cincinnati Capital Corporation. (Clark, Andrew)
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Filing 27
OPINION AND ORDER Granting in Part #17 Motion to Dismiss; Granting #19 Motion to Dismiss. Signed by District Judge Sean F. Cox. (JMcC)
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Minute Entry for proceedings before District Judge Sean F. Cox: Motion Hearing held on 1/9/2020 re #19 MOTION to Dismiss filed by Joseph Engelhart, and #17 MOTION to Dismiss filed by Cincinnati Capital Corporation. Disposition: Motions taken under advisement (Court Reporter: Jodi Matthews) (JMcC)
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Filing 26
STIPULATION AND ORDER Permitting Substitution of Attorney. Signed by District Judge Sean F. Cox. (JMcC)
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Filing 25
NOTICE of Appearance by Michael P. Hindelang on behalf of Cincinnati Capital Corporation, Joseph Engelhart. (Hindelang, Michael)
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Filing 24
REPLY to Response re #19 MOTION to Dismiss and Certificate of Service filed by Joseph Engelhart. (Jacobs, Steven)
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Filing 23
REPLY to Response re #17 MOTION to Dismiss Brief in Support of Motion and Certificate of Service filed by Cincinnati Capital Corporation. (Jacobs, Steven)
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Filing 22
RESPONSE to #19 MOTION to Dismiss and Certificate of Service filed by Heather Lee, Owen V Lee. (Stawasz, Bethany)
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Filing 21
RESPONSE to #17 MOTION to Dismiss Brief in Support of Motion and Certificate of Service filed by Heather Lee, Owen V Lee. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Stawasz, Bethany)
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Filing 20
NOTICE OF HEARING on #17 MOTION to Dismiss and #19 MOTION to Dismiss. Motion Hearing set for 1/9/2020 at 02:00 PM before District Judge Sean F. Cox (JMcC)
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Filing 19
MOTION to Dismiss by Joseph Engelhart. (Attachments: #1 Index of Exhibits, #2 Exhibit A Mortgage recorded October 13, 2005, in Liber 43634, Page 852, Wayne County Records, #3 Exhibit B - Second Future Advance Mortgage, recorded October 13, 2005, in Liber 43634, Page 873, Wayne County Records, #4 Exhibit C - Home Equity Line of Credit, #5 Exhibit D - Mortgage to Main Street Bank, recorded December 7, 2005, in Liber 44193, Page 59, Wayne County Records, #6 Exhibit E - Loan Billing Statement, #7 Exhibit F - FDIC Correspondence, #8 Exhibit G - Assignment of Mortgage recorded June 18, 2009, in Liber 47983, Page 350, Wayne County Records, #9 Exhibit H - Loan Record Inquiry) (Jacobs, Steven)
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Filing 18
NOTICE of Appearance by Steven A. Jacobs on behalf of Joseph Engelhart. (Jacobs, Steven)
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TEXT-ONLY NOTICE: Scheduling Conference on 9/24/2019 is Adjourned Without Date. (JMcC)
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Filing 17
MOTION to Dismiss Brief in Support of Motion and Certificate of Service by Cincinnati Capital Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit A Mortgage recorded October 13, 2005, in Liber 43634, Page 852, Wayne County Records, #3 Exhibit B - Second Future Advance Mortgage, recorded October 13, 2005, in Liber 43634, Page 873, Wayne County Records, #4 Exhibit C - Home Equity Line of Credit, #5 Exhibit D - Mortgage to Main Street Bank, recorded December 7, 2005, in Liber 44193, Page 59, Wayne County Records, #6 Exhibit E - Loan Billing Statement, #7 Exhibit F - FDIC Correspondence, #8 Exhibit G - Assignment of Mortgage recorded June 18, 2009, in Liber 47983, Page 350, Wayne County Records, #9 Exhibit H - Loan Record Inquiry, #10 Exhibit I - Procopio v Guaranteed Rate, Inc., 2011 U.S. Dist. LEXIS 46273 *18 (E.D. Mich. 2011); Benchick v Loanstar Lending, Inc., 2011 U.S. Dist. LEXIS 87505, at *11 (E.D. Mich 2011); Jackson v FDIC, 2010 U.S. Dist. LEXIS 14619, *14; and, Bonner v Amtrust Bank, 2012 U.S. Dist. LEXIS 89789) (Jacobs, Steven)
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Filing 16
CERTIFICATE of Service/Summons Returned Executed. Joseph Engelhart served on 8/26/2019, answer due 9/16/2019. (Asimakis, William)
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Filing 15
STIPULATION AND ORDER Staying the Foreclosure and Sale of Property throughout Pendency of Lawsuit or Order of the Court. Signed by District Judge Sean F. Cox. (JMcC)
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TEXT-ONLY NOTICE: Status Conference on 9/3/2019 is Cancelled (JMcC)
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Filing 14
ORDER re #11 Emergency MOTION for Preliminary Injunction. (Status Conference set for 9/3/2019 at 08:00 AM before District Judge Sean F. Cox) Signed by District Judge Sean F. Cox. (JMcC)
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Minute Entry for proceedings before District Judge Sean F. Cox: Status Conference held on 8/27/2019. (JMcC)
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Filing 13
NOTICE TO APPEAR: Status Conference set for 8/27/2019 at 02:00 PM before District Judge Sean F. Cox (JMcC)
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Filing 12
MOTION to Expedite Treatment of their Emergency Motion for a Preliminary Injunction to Preserve the Status Quo and to Enjoin the Foreclosure and Sale of their Residential Property Scheduled for September 12, 2019 by All Plaintiffs. (Asimakis, William)
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Filing 11
Emergency MOTION for Preliminary Injunction to Preserve the Status Quo and Enjoin the Foreclosure and Sale of their Residential Property Scheduled for September 12, 2019 by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Warranty Deed, #3 Exhibit 2 - Recorded Mortgage, #4 Exhibit 3 - FDIC Failed Bank Information, #5 Exhibit 4 - Closed Loan Sales, #6 Exhibit 5 - Foreclosure Letter, #7 Exhibit 6 - State Court TRO, #8 Exhibit 7 - July 31 2019 Email, #9 Exhibit 8 - Aug 15 2019 Email, #10 Exhibit 9 - Foreclosure Letter, #11 Exhibit 10 - Relevant Provisions of SMLA, #12 Exhibit 11 - Credit Reform Act, #13 Exhibit 12 - Stokes v Millen Roffing, #14 Exhibit 13 - Windisch v Mortgage Sec. Corp. of America, #15 Exhibit 14 - Declaration of Owen Lee) (Asimakis, William)
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Filing 10
SUMMONS Issued for *Joseph Engelhart* (KBro)
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Filing 9
[Documents did not upload] SUMMONS Issued for *Joseph Engelhart* (KBro) Modified on 8/21/2019 (KBro).
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Filing 8
AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Asimakis, William)
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REQUEST for SUMMONS for Joseph Engelhart. (Asimakis, William)
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Filing 7
NOTICE of Appearance by Courtney L. Rosenau on behalf of All Plaintiffs. (Rosenau, Courtney)
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Filing 6
NOTICE TO APPEAR: Scheduling Conference set for 9/24/2019 at 02:15 PM before District Judge Sean F. Cox (Zaidel, B)
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Filing 5
ATTORNEY APPEARANCE: William G. Asimakis, Jr appearing on behalf of All Plaintiffs and Certificate of Service (Asimakis, William)
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Filing 4
CERTIFICATE OF SERVICE re #3 Statement of Disclosure of Corporate Affiliations by Cincinnati Capital Corporation (Jacobs, Steven)
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Filing 3
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Cincinnati Capital Corporation (Jacobs, Steven)
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Filing 2
ANSWER to Complaint with Affirmative Defenses and Certificate of Service by Cincinnati Capital Corporation. (Jacobs, Steven)
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Filing 1
NOTICE OF REMOVAL by Cincinnati Capital Corporation from Wayne County Circuit Court, case number 19-008708-CH. Receipt No: 0645-7331673 - Fee: $ 400 [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A - Assessed Value, #3 Exhibit B - Complaint, #4 Exhibit C - Notice of Filing Notice of Removal) (Jacobs, Steven)
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