Swanson v. Wilford, Geske & Cook et al
| Christopher Swanson |
| Wilford, Geske & Cook, Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc. and Rubicon Mortgage Advisors, LLC |
| 0:2019cv00117 |
| January 15, 2019 |
| US District Court for the District of Minnesota |
| Leo I Brisbois |
| Donovan W Frank |
| Real Property: Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.
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Filing 50
BRIEFING ORDER re: #44 Motion to Dismiss/General. Replies due by 4/17/2019. Responses due by 4/3/2019. Signed by Magistrate Judge Leo I. Brisbois on 3/13/2019. (VLM)
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Filing 49
DOCUMENT FILED IN ERROR - WILL REFILE - BRIEFING ORDER re: #44 Motion to Dismiss/General. Replies due by 4/17/2019. Responses due by 4/3/2019. Signed by Magistrate Judge Leo I. Brisbois on 3/13/2019. (VLM) Modified text on 3/13/2019 (AKL).
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| Filing 48 MEMORANDUM in Support re #44 MOTION to Dismiss/General filed by Rubicon Mortgage Advisors, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Sicoli, Amanda) |
| Filing 47 MEET and CONFER STATEMENT re #44 Motion to Dismiss/General filed by Rubicon Mortgage Advisors, LLC.(Sicoli, Amanda) |
| Filing 46 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Rubicon Mortgage Advisors, LLC. (Sicoli, Amanda) |
| Filing 45 NOTICE OF HEARING ON MOTION #44 MOTION to Dismiss/General : Motion Hearing set for 5/1/2019 at 01:30 PM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (Sicoli, Amanda) |
| Filing 44 MOTION to Dismiss/General filed by Rubicon Mortgage Advisors, LLC. (Sicoli, Amanda) |
| Filing 43 NOTICE of Appearance by Amanda Sicoli on behalf of Rubicon Mortgage Advisors, LLC. (Sicoli, Amanda) |
| Filing 42 NOTICE by Christopher Swanson to Rubicon Mortgage Advisors, LLC (Swanson, Christopher) |
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Filing 41
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. 1. Within three (3) business days of the date of this Order, Plaintiff shall notify Defendant Rubicon Mortgage Advisors, LLC that it is required to file responsive pleadings or move for an extension of time to do so; 2. If Defendant Rubicon Mortgage Advisors, LLC fails to file responsive pleadings or move for an extension of time to do so within five (5) business days of having been given the notice required by Paragraph 1, Plaintiff shall file an application of default as to Defendant Rubicon Mortgage Advisors, LLC or advise the Court in writing of any good cause for not doing so; and 3. If Plaintiff fails to comply with the foregoing within twenty (20) days of the date of this Order, the Court will recommend that the case be dismissed for lack of prosecution as to Defendant Rubicon Mortgage Advisors, LLC. Signed by Magistrate Judge Leo I. Brisbois on 2/27/2019. (JRG)
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Filing 40
BRIEFING ORDER. Signed by Magistrate Judge Leo I. Brisbois on 2/27/2019. See Order for details.(JRG)
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Filing 39
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Magistrate Judge Leo I. Brisbois's Report and Recommendation (Doc. No. #11 ) is ADOPTED. That Plaintiff's Motion for "Temporary Restraining Order Permanent-Injunction & Demand to Stop Non-Judicial Foreclosure" (Doc. No. #2 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 2/21/2019. (las)
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| Filing 38 CERTIFICATE OF SERVICE by Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc. re #35 Notice of Hearing on Motion, #31 MOTION to Dismiss/General , #32 Memorandum in Support of Motion, #33 Meet and Confer Statement, #34 Proposed Order to Judge (Knapp, Christopher) |
| Filing 37 CERTIFICATE OF SERVICE by Wilford, Geske & Cook re #36 Notice of Hearing on Motion (Cook, Eric) |
| Filing 36 NOTICE OF HEARING ON MOTION #26 MOTION to Dismiss/General : Motion Hearing set for 5/1/2019 at 01:30 PM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (Cook, Eric) |
| Filing 35 NOTICE OF HEARING ON MOTION #31 MOTION to Dismiss/General : Motion Hearing set for 5/1/2019 at 01:30 PM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. (Knapp, Christopher) |
| Filing 34 PROPOSED ORDER TO JUDGE re #31 MOTION to Dismiss/General filed by Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc..(Knapp, Christopher) |
| Filing 33 MEET and CONFER STATEMENT re #31 Motion to Dismiss/General filed by Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc..(Knapp, Christopher) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss/General filed by Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance - Word County, #2 Exhibit(s) Exhibit A - Mortgage and Note, #3 Exhibit(s) Exhibit B - Warranty Deed)(Knapp, Christopher) |
| Filing 31 MOTION to Dismiss/General filed by Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc.. (Knapp, Christopher) |
| Filing 30 CERTIFICATE OF SERVICE by Wilford, Geske & Cook re #28 Memorandum in Support of Motion, #26 MOTION to Dismiss/General , #27 Meet and Confer Statement, #29 Proposed Order to Judge (Cook, Eric) |
| Filing 29 PROPOSED ORDER TO JUDGE re #26 MOTION to Dismiss/General filed by Wilford, Geske & Cook.(Cook, Eric) |
| Filing 28 MEMORANDUM in Support re #26 MOTION to Dismiss/General filed by Wilford, Geske & Cook. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Certificate of Compliance)(Cook, Eric) |
| Filing 27 MEET and CONFER STATEMENT re #26 Motion to Dismiss/General filed by Wilford, Geske & Cook.(Cook, Eric) |
| Filing 26 MOTION to Dismiss/General filed by Wilford, Geske & Cook. (Cook, Eric) |
| Filing 25 LETTER from Magistrate Judge Leo I. Brisbois dated February 13, 2019. (VLM) |
| Filing 24 SUGGESTION OF BANKRUPTCY Upon the Record by Wilford, Geske & Cook. (Attachments: #1 Exhibit(s) WGC Motion to Dismiss, #2 Exhibit(s) Meet and Confer Statement - WGC Motion to Dismiss, #3 Exhibit(s) WGC Notice of Motion to Dismiss, #4 Exhibit(s) WGC Memorandum of Law - Motion to Dismiss, #5 Exhibit(s) WGC - Word Count Compliance Certificate, #6 Exhibit(s) Proposed Order on WGC Motion to Dismiss, #7 Exhibit(s) Certificate of Service (upon Rubicon via U.S. Mail))(Cook, Eric) |
| Filing 23 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Wilford, Geske & Cook. (Cook, Eric) |
| Filing 22 SUGGESTION OF BANKRUPTCY Upon the Record by Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc.. (Attachments: #1 Exhibit(s) Proposed Motion to Dismiss, #2 Exhibit(s) Memorandum of Law in Support of Proposed Motion to Dismiss, #3 Exhibit(s) Rule 7.1 Meet and Confer, #4 Exhibit(s) Word Count Compliance, #5 Exhibit(s) Proposed Order)(Knapp, Christopher) |
| Filing 21 REQUEST for Production of Documents re #18 by Christopher Swanson. (Attachments: #1 Addendum Corrected first filing)(Swanson, Christopher) Modified text on 2/8/2019 (JLB). |
| Filing 20 SUMMONS Returned Executed by Christopher Swanson. Rubicon Mortgage Advisors, LLC served on 1/25/2019, answer due 2/15/2019. (Swanson, Christopher) |
| Filing 19 NOTICE of Lis Pendens by Christopher Swanson (Attachments: #1 Supplement Affidavit)(Swanson, Christopher) |
| Filing 18 REQUEST for Production of Documents by Christopher Swanson.(Swanson, Christopher) |
| Filing 17 NOTICE of Lis Pendens by Christopher Swanson (Swanson, Christopher) |
| Filing 16 First AFFIDAVIT of Christopher Swanson in SUPPORT OF #15 Second MOTION for Preliminary Injunction Application for and Order Requiring the Defendant to Show Cause why the Injunction Should not be granted - Expedited Handling Requested, #2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Christopher Swanson.(Swanson, Christopher) |
| Filing 15 DOCUMENT FILED IN ERROR - WILL REFILE USING SEPARATE EVENTS. Second MOTION for Preliminary Injunction Application for and Order Requiring the Defendant to Show Cause why the Injunction Should not be granted - Expedited Handling Requested filed by Christopher Swanson. (Attachments: #1 Exhibit(s) Exhibit B, #2 Exhibit(s) Exhibit C, #3 Exhibit(s) Exhibit D, #4 Exhibit(s) Exhibit E)(Swanson, Christopher) Modified text on 2/8/2019 (JLB). |
| Filing 14 LETTER TO MAGISTRATE JUDGE by Wilford, Geske & Cook . (Cook, Eric) |
| Filing 13 SUMMONS Returned Executed by Christopher Swanson. Caliber Home Loans, Inc. served on 1/22/2019, answer due 2/12/2019; Mortgage Electronic Registration Systems, Inc. served on 1/18/2019, answer due 2/8/2019; Wilford, Geske & Cook served on 1/22/2019, answer due 2/12/2019. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service, #3 Affidavit of Service)(Swanson, Christopher) |
| Filing 12 Clerk's Notice of APPLICATION FOR PRO SE LITIGANT TO FILE ELECTRONICALLY. Christopher Swanson is GRANTED e-filing privileges in this case. Pursuant to F.R.Cv.P. Rule 5 and 7(d), Christopher Swanson has consented to electronic service and has agreed to waive service by other means for all subsequent filings in this case, except when electronic service is not allowed under the rules. (JGK) |
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Filing 11
REPORT AND RECOMMENDATION re #2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Christopher Swanson. Copy of Report and Recommendation mailed to Plaintiff by Chambers. Signed by Magistrate Judge Leo I. Brisbois on 1/29/2019. (VLM) cc: Christopher Swanson Modified text on 1/29/2019 (JLB).
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| Filing 10 RULE 7.1 DISCLOSURE STATEMENT. Defendant Mortgage Electronic Registration Systems, Inc.'s corporate parent is MERSCORP Holdings, Inc. MERSCORP Holdings, Inc is owned by Maroon Holding, LLC. Intercontinental Exchange, Inc., owns 10 percent or more of Maroon Holding, Inc. (Knapp, Christopher) Modified text on 1/25/2019 (MMP). |
| Filing 9 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Caliber Home Loans, Inc.. (Knapp, Christopher) |
| Filing 8 NOTICE of Appearance with attached Certificate of Service by Christopher J Knapp on behalf of Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc. (Knapp, Christopher) Modified text on 1/24/2019 (MMP). |
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Filing 7
ORDER- This matter is venued in the Sixth Division. All proceedings before the undersigned (motions, trial, etc.) will be held in the United States Courthouse in Fergus Falls, Minnesota, unless otherwise requested by the parties or directed by the Court. Signed by Judge Donovan W. Frank on 1/17/2019. (las) cc: Christopher Swanson. Modified text on 1/17/2019 (lmb).
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Filing 6
ORDER REFERRING ALL DISPOSITIVE AND NON-DISPOSITIVE MOTIONS to Magistrate Judge Brisbois. Signed by Judge Donovan W. Frank on 1/16/2019. (las) cc: Christopher Swanson. Modified text on 1/16/2019 (JLB).
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| Filing 5 Summons Issued as to Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., Rubicon Mortgage Advisors, LLC, Wilford, Geske & Cook. (lmb) cc: Plaintiff. Modified text on 1/15/2019 (lmb). |
| Filing 4 ENTRY FILED IN ERROR-INCORRECT EVENT. Summons Issued as to Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., Rubicon Mortgage Advisors, LLC, Wilford, Geske & Cook. (lmb) Modified text on 1/15/2019 (lmb). |
| Filing 3 PROPOSED ORDER TO JUDGE re #2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Christopher Swanson.(lmb) QC'd on 1/24/2019 (lmb). |
| Filing 2 MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Christopher Swanson. (lmb) QC'd on 1/24/2019 (lmb). |
| Filing 1 COMPLAINT against Caliber Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., Rubicon Mortgage Advisors, LLC, Wilford, Geske & Cook (filing fee $400, receipt number 64641000159) filed by Christopher Swanson. Filer requests summons issued. Case assigned to Judge Donovan W. Frank per Civil (6th - Master) list, referred to Magistrate Judge Leo I. Brisbois. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet) (lmb) cc: Plaintiff. QC'd on 1/24/2019 (lmb). |
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