Cutler et al v. Huntington National Bank
Plaintiff: David Cutler and Beverly Cutler
Defendant: Huntington National Bank
Case Number: 1:2023cv00041
Filed: January 10, 2023
Court: US District Court for the Western District of Michigan
Presiding Judge: Sally J Berens
Referring Judge: Hala Y Jarbou
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2023 Filing 27 REPLY to response to motion #21 filed by Huntington National Bank (Attachments: #1 Exhibit) (Engman, Jonathan)
June 16, 2023 Filing 26 REPLY to response to motion #19 filed by Beverly Cutler, David Cutler (Westbrook, Theodore)
June 12, 2023 Filing 25 RESPONSE in opposition to MOTION to dismiss, or in the alternative, for summary judgment #21 filed by Beverly Cutler, David Cutler (Attachments: #1 Exhibit 1 - Allegan County Motion) (Westbrook, Theodore)
June 2, 2023 Filing 24 BRIEF in support of RESPONSE TO MOTION for judgment on the pleadings #23 filed by Huntington National Bank (Engman, Jonathan) Modified text on 6/5/2023 (eod)
June 2, 2023 Filing 23 RESPONSE TO MOTION for judgment on the pleadings #19 filed by Huntington National Bank (Engman, Jonathan)
May 17, 2023 Filing 22 MINUTES of early settlement conference held before Magistrate Judge Sally J. Berens; case did not settle (Proceedings Not Recorded) (jln)
May 15, 2023 Filing 21 MOTION to dismiss, or in the alternative, for summary judgment with brief in support by defendant Huntington National Bank; (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Engman, Jonathan) Modified text on 5/15/2023 (eod)
May 9, 2023 Filing 20 BRIEF in support of MOTION for judgment on the pleadings #19 filed by Beverly Cutler, David Cutler (Westbrook, Theodore)
May 9, 2023 Filing 19 MOTION for judgment on the pleadings by plaintiffs Beverly Cutler, David Cutler; (Westbrook, Theodore)
March 6, 2023 Filing 18 (RESTRICTED ACCESS) DOCUMENT Videoconference information for 5/17/2023 hearing [Access to this document is available to the Court and attorney(s) for Beverly Cutler, David Cutler, Huntington National Bank only] (jln)
March 6, 2023 Opinion or Order Filing 17 CASE MANAGEMENT ORDER: discovery to be completed by 9/1/2023; dispositive motions due by 9/29/2023; early settlement conference set for 5/17/2023 at 09:15 AM by video before Magistrate Judge Sally J. Berens; settlement conference set for 3/27/2024 at 09:15 AM by video before Magistrate Judge Sally J. Berens; final pretrial conference set for 5/1/2024 at 10:00 AM at 128 Federal Building, Lansing, MI before Chief Judge Hala Y. Jarbou; bench trial set for 5/28/2024 at 08:30 AM at 128 Federal Building, Lansing, MI before Chief Judge Hala Y. Jarbou; signed by Magistrate Judge Sally J. Berens (jal)
March 3, 2023 Filing 16 MINUTES of scheduling conference held before Magistrate Judge Sally J. Berens; case management order to issue (Proceedings Digitally Recorded) (jln)
February 27, 2023 Filing 15 JOINT STATUS REPORT (Westbrook, Theodore)
January 31, 2023 Filing 14 (RESTRICTED ACCESS) DOCUMENT Conference call instructions for 3/3/2023 scheduling conference [Access to this document is available to the Court and attorney(s) for Beverly Cutler, David Cutler, Huntington National Bank only] (jal)
January 31, 2023 Opinion or Order Filing 13 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 3/3/2023 at 10:30 AM by telephone before Magistrate Judge Sally J. Berens; status report due by 2/27/2023; signed by Magistrate Judge Sally J. Berens (jal)
January 31, 2023 Filing 12 NOTICE to attorney Jonathan L. Engman regarding recent filing #11 (slk)
January 30, 2023 Filing 11 CORPORATE DISCLOSURE STATEMENT by Huntington National Bank identifying Corporate Parent Huntington Bancshares Incorporated for Huntington National Bank (Engman, Jonathan)
January 30, 2023 Filing 10 ANSWER to complaint, #1 with affirmative defenses by Huntington National Bank (Engman, Jonathan)
January 13, 2023 Opinion or Order Filing 9 ORDER denying #5 motion for TRO; signed by Chief Judge Hala Y. Jarbou (aks)
January 13, 2023 Filing 8 CERTIFICATE OF SERVICE by plaintiffs Beverly Cutler, David Cutler re EMERGENCY MOTION for temporary restraining order #5 , complaint, #1 , Summons Issued #4 , Brief in Support of a Motion #6 , Certificate Regarding Motion Concurrence #7 (Westbrook, Theodore)
January 12, 2023 Filing 7 CERTIFICATE regarding compliance with LCivR 7.1(d) re EMERGENCY MOTION for temporary restraining order #5 filed by Beverly Cutler, David Cutler (Westbrook, Theodore)
January 12, 2023 Filing 6 BRIEF in support of EMERGENCY MOTION for temporary restraining order #5 filed by Beverly Cutler, David Cutler (Westbrook, Theodore)
January 12, 2023 Filing 5 EMERGENCY MOTION for temporary restraining order by plaintiffs Beverly Cutler, David Cutler; (Westbrook, Theodore)
January 11, 2023 Filing 4 SUMMONS ISSUED as to defendant Huntington National Bank (eod)
January 11, 2023 Filing 3 NOTICE that this case has been assigned to Hala Y. Jarbou (eod)
January 10, 2023 Filing 2 PROPOSED SUMMONS to be issued re #1 (Westbrook, Theodore)
January 10, 2023 Filing 1 COMPLAINT against Huntington National Bank filed by David Cutler, Beverly Cutler (Attachments: #1 Exhibit 1 - Mortgage, #2 Exhibit 2 - Judgment, #3 Exhibit 3 - Order on MSJ, #4 Exhibit 4 - Summons and Complaint, #5 Exhibit 5 - Dismissal, #6 Exhibit 6 - Foreclosure Notice) (Westbrook, Theodore) Modified text on 1/11/2023 (eod)
January 10, 2023 FILING FEE PAID re #1 by plaintiffs Beverly Cutler, David Cutler in the amount of $402, receipt number AMIWDC-6947394 (Westbrook, Theodore)

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Plaintiff: David Cutler
Represented By: Theodore J. Westbrook
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Plaintiff: Beverly Cutler
Represented By: Theodore J. Westbrook
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Defendant: Huntington National Bank
Represented By: Jonathan L. Engman
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