Baker v. CITIMORTGAGE INC. et al
| Michelle Anita Baker |
| CITIMORTGAGE INC. and Craig M Barbee. |
| 0:2023cv01386 |
| May 16, 2023 |
| US District Court for the District of Minnesota |
| Dulce J Foster |
| David T Schultz |
| Eric C Tostrud |
| Truth in Lending |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
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Filing 63
(Text-Only) NOTICE of Cancellation of Hearing: The Motion Hearing set for 8/21/2023 at 11:00 AM before Judge Eric C. Tostrud is CANCELED. The Court will decide #34 Defendant Craig Barbee's Motion to Dismiss and #42 Defendant CitiMortgage Inc's Motion to Dismiss on the written submissions (RMM) Modified text on 7/13/2023 (RMM).
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Filing 62
CERTIFICATE OF SERVICE by CITIMORTGAGE INC. re #61 Notice (Other) (Kipp, Orin)
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Filing 61
NOTICE by CITIMORTGAGE INC. re #42 MOTION to Dismiss/General Rule 7.1 Notice of No Reply (Kipp, Orin)
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Filing 60
CERTIFICATE OF SERVICE by Craig M Barbee. re #59 Reply to Response to Motion (Pfau, Michael)
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Filing 59
Notice of No Reply to Response to Motion re #34 MOTION to Dismiss/General filed by Craig M Barbee..(Pfau, Michael)
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Filing 58
VERIFIED STATEMENT OF FACTS SUPPORTING MOVE TO STRIKE re #56 MANDATORY JUDICIAL NOTICE:Move to Strike as Opposition re #34 MOTION to Dismiss/General. (ABR) Document QC'd on 7/14/2023 (DLO).
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Filing 57
MEMORANDUM in Opposition re #34 MOTION to Dismiss/General filed by Michelle Anita Baker.(ABR) Document QC'd on 7/14/2023 (DLO).
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Filing 56
MANDATORY JUDICIAL NOTICE: Move to Strike as Opposition by Michelle Anita Baker re #34 MOTION to Dismiss/General (ABR) Document QC'd on 7/14/2023 (DLO).
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Filing 55
VERIFIED STATEMENT OF FACTS SUPPORTING MOVE TO STRIKE re #53 Mandatory Judicial Notice: Move to Strike As Opposition re #42 MOTION to Dismiss/General. (ABR) Document QC'd on 7/14/2023 (DLO).
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Filing 54
MEMORANDUM in Opposition re #42 MOTION to Dismiss/General filed by Michelle Anita Baker. (Attachments: #1 Certificate of Service)(ABR) Document QC'd on 7/14/2023 (DLO).
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Filing 53
MANDATORY JUDICIAL NOTICE: Move to Strike As Opposition by Michelle Anita Baker re #42 MOTION to Dismiss/General (ABR) Document QC'd on 7/14/2023 (DLO).
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Filing 52
REPLY re #50 Response in Opposition to Motion, filed by Michelle Anita Baker. (Attachments: #1 Certificate of Service)(ABR) Document QC'd on 7/14/2023 (DLO).
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Filing 51
CERTIFICATE OF SERVICE by Craig M Barbee. re #50 Response in Opposition to Motion, (Pfau, Michael)
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Filing 50
RESPONSE in Opposition re #22 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Craig M Barbee., CITIMORTGAGE INC.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Pfau, Michael)
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Filing 49
CERTIFICATE OF SERVICE by Craig M Barbee. (Pfau, Michael)
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Filing 48
CERTIFICATE OF SERVICE by Craig M Barbee. re #33 Notice of Appearance of Patrick D. Newman and Michael J. Pfau (Pfau, Michael)
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Filing 47
CERTIFICATE OF SERVICE by CITIMORTGAGE INC. re #43 Memorandum in Support of Motion, #44 Notice of Hearing on Motion, #45 Meet and Confer Statement, #42 MOTION to Dismiss/General , #46 Proposed Order to Judge (Kipp, Orin)
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Filing 46
PROPOSED ORDER TO JUDGE re #42 MOTION to Dismiss/General filed by CITIMORTGAGE INC..(Kipp, Orin)
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Filing 45
MEET and CONFER STATEMENT re #42 Motion to Dismiss/General filed by CITIMORTGAGE INC..(Kipp, Orin)
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Filing 44
NOTICE OF HEARING ON MOTION #42 MOTION to Dismiss/General : Motion Hearing set for 8/21/2023 at 11:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud (Kipp, Orin) Modified text on 6/14/2023 (CLK).
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Filing 43
MEMORANDUM in Support re #42 MOTION to Dismiss/General filed by CITIMORTGAGE INC.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kipp, Orin)
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Filing 42
MOTION to Dismiss/General filed by CITIMORTGAGE INC.. (Kipp, Orin)
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Filing 41
CERTIFICATE OF SERVICE by Craig M Barbee. re #39 Notice of Appearance Declaration of Service of notice of appearance (Newman, Patrick)
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Filing 40
(Text-Only) ORDER/NOTICE: Due to the pending Motion to Dismiss (ECF No. #34 ), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Dulce J. Foster on 6/12/2023.(LNP)
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Filing 39
NOTICE of Appearance by Patrick D Newman on behalf of Craig M Barbee.. (Newman, Patrick)
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Filing 38
PROPOSED ORDER TO JUDGE re #34 MOTION to Dismiss/General filed by Craig M Barbee..(Pfau, Michael)
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Filing 37
MEET and CONFER STATEMENT re #34 Motion to Dismiss/General filed by Craig M Barbee..(Pfau, Michael)
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Filing 36
MEMORANDUM in Support re #34 MOTION to Dismiss/General filed by Craig M Barbee.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Pfau, Michael)
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Filing 35
NOTICE OF HEARING ON MOTION #34 MOTION to Dismiss/General : Motion Hearing set for 8/21/2023 at 11:00 AM in Courtroom 3B (STP) before Judge Eric C. Tostrud. (Pfau, Michael)
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Filing 34
MOTION to Dismiss/General filed by Craig M Barbee.. (Pfau, Michael)
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Filing 33
NOTICE of Appearance by Michael Pfau on behalf of Craig M Barbee.. (Pfau, Michael)
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Filing 32
ORDER: Plaintiff's Motion to Reconsider Orders Denying Hearing for Injunction Writ of Error As Objection #27 is DENIED. See Order for details and specifics. Signed by Judge Eric C. Tostrud on 6/7/2023. (RMM)
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Filing 31
CERTIFICATE OF SERVICE by Michelle Anita Baker re #28 Memorandum in Support of Motion, #30 Proposed Order to Judge, #29 Exhibit, #27 MOTION TO RECONSIDER ORDERS DENYING HEARING FOR INJUNCTION WRIT OF ERROR AS OBJECTION. (ABR) DOCUMENT QC'd by KT on 6/27/23. (kt)
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Filing 30
PROPOSED ORDER TO JUDGE re #27 MOTION TO RECONSIDER ORDERS DENYING HEARING FOR INJUNCTION WRIT OF ERROR AS OBJECTION filed by Michelle Anita Baker.(ABR) DOCUMENT QC'd by KT on 6/27/23. (kt)
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Filing 29
EXHIBIT re #27 MOTION TO RECONSIDER ORDERS DENYING HEARING FOR INJUNCTION WRIT OF ERROR AS OBJECTION filed by Michelle Anita Baker.(ABR) Modified text on 6/7/2023 (ABR). DOCUMENT QC'd by KT on 6/27/23. (kt)
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Filing 28
MEMORANDUM in Support re #27 MOTION TO RECONSIDER ORDERS DENYING HEARING FOR INJUNCTION WRIT OF ERROR AS OBJECTION filed by Michelle Anita Baker.(ABR) DOCUMENT QC'd by KT on 6/27/23. (kt)
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Filing 27
MOTION TO RECONSIDER ORDERS DENYING HEARING FOR INJUNCTION WRIT OF ERROR AS OBJECTION filed by Michelle Anita Baker. (ABR) DOCUMENT QC'd by KT on 6/27/23. (kt)
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Filing 26
BRIEFING ORDER re: #22 Motion for Preliminary Injunction. See Order for deadlines and specifics. Signed by Judge Eric C. Tostrud on 5/30/2023.(RMM)
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Filing 25
CERTIFICATE OF SERVICE by Michelle Anita Baker re #24 Memorandum in Support of Motion, #22 SECOND AMENDED MOTION for Preliminary Injunction - Expedited Handling Requested, #23 Notice of Hearing on Motion (ABR) Document QC'd on 7/11/2023 (ACH).
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Filing 24
MEMORANDUM in Support re #22 SECOND AMENDED MOTION for Preliminary Injunction - Expedited Handling Requested filed by Michelle Anita Baker.(ABR) Document QC'd on 7/11/2023 (ACH).
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Filing 23
NOTICE OF HEARING ON MOTION #22 SECOND AMENDED MOTION for Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (Attachments: #1 Addendum)(ABR) Document QC'd on 7/11/2023 (ACH).
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Filing 22
SECOND AMENDED MOTION for Preliminary Injunction - Expedited Handling Requested filed by Michelle Anita Baker. (Attachments: #1 Addendum)(ABR) Document QC'd on 7/11/2023 (ACH).
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Filing 21
CERTIFICATE OF SERVICE by Michelle Anita Baker re #20 Summons Returned Executed, #19 Summons Returned Executed. (Attachments: #1 Envelope)(ABR) Document QC'd on 7/11/2023 (ACH).
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Filing 20
SUMMONS Returned Executed by Michelle Anita Baker. Craig M Barbee. served on 5/19/2023, answer due 6/9/2023. (ABR) Document QC'd on 7/11/2023 (ACH).
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Filing 19
SUMMONS Returned Executed by Michelle Anita Baker. CITIMORTGAGE INC. served on 5/22/2023, answer due 6/12/2023. (ABR) Document QC'd on 7/11/2023 (ACH).
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Filing 18
ORDER OF RECUSAL. Magistrate Judge David T. Schultz recused. Case reassigned to Magistrate Judge Dulce J. Foster for all further proceedings. NOTE: the new case number is 23-cv-1386 (ECT/DJF). Please use this case number for all subsequent pleadings Signed by Magistrate Judge David T. Schultz on 5/25/2023.(ABR)
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Filing 17
RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation owning 10 percent or more of its stock, or subsidiary reported for CITIMORTGAGE INC.. (Kipp, Orin)
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Filing 16
NOTICE of Appearance by Orin J Kipp on behalf of CITIMORTGAGE INC.. (Kipp, Orin)
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Filing 15
Summons Issued as to Craig M Barbee., CITIMORTGAGE INC. cc:Michelle Anita Baker w/ Information Sheet #2 (ABR)
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Filing 14
FILED IN ERROR - TECHNICAL GLITCH - WILL REISSUE - Summons Issued as to Craig M Barbee., CITIMORTGAGE INC.(ABR) Modified text on 5/18/2023 (ABR).
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Filing 13
CERTIFICATE OF SERVICE by Michelle Anita Baker re #11 Memorandum in Support of Motion, #8 Amended Complaint, #12 Amended Request for Permanent Injunction/Notice of Hearing for Permanent Injunction, #9 Amended MOTION for Preliminary Injunction - Expedited Handling Requested, #10 Notice of Hearing on Motion (ABR) Document QC'd on 5/24/2023 (DLO).
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Filing 12
AMENDED REQUEST FOR PERMANENT INJUNCTION/NOTICE OF HEARING FOR PERMANENT INJUNCTION filed by Michelle Anita Baker.(ABR) Document QC'd on 5/24/2023 (DLO).
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Filing 11
MEMORANDUM in Support re #9 Amended MOTION for Preliminary Injunction - Expedited Handling Requested filed by Michelle Anita Baker.(ABR) Document QC'd on 5/24/2023 (DLO).
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Filing 10
NOTICE OF HEARING ON MOTION #9 Amended MOTION for Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (ABR) Document QC'd on 5/24/2023 (DLO).
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Filing 9
Amended MOTION for Preliminary Injunction - Expedited Handling Requested filed by Michelle Anita Baker. (Attachments: #1 Addendum)(ABR) Document QC'd on 5/24/2023 (DLO).
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Filing 8
AMENDED COMPLAINT against Craig M Barbee., CITIMORTGAGE INC. filed by Michelle Anita Baker. Filer requests summons issued. (Attachments: #1 Exhibits A-C, #2 LR7.1/LR72.2 Word Count Compliance Certificate) (ABR) (Additional attachment(s) added on 5/18/2023: #3 Civil Cover Sheet) (ABR). Document QC'd on 5/24/2023 (DLO).
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Filing 7
ORDER re Motion for Preliminary Injunction #2 . IT IS ORDERED THAT the request for expedited adjudication is DENIED. See Fed. R. Civ. P. 65(b). The Court will issue a briefing schedule for the motion only after Plaintiff files proof of service of the complaint and motion. Signed by Judge Eric C. Tostrud on 5/18/2023.(RMM)
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Filing 6
Summons Issued as to Craig M Barbee., CITIMORTGAGE INC.. CC: Michelle Anita Baker w/ Information Sheet #2 (jam)
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Filing 5
CERTIFICATE OF SERVICE by Michelle Anita Baker re #1 Complaint, #4 Request, #3 Notice of Hearing on Motion, #2 MOTION for Preliminary Injunction - Expedited Handling Requested (JGK)
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Filing 4
REQUEST FOR PERMANENT INJUNCTION/ NOTICE OF HEARING FOR PERMANENT INJUNCTION filed by Michelle Anita Baker.(JGK)
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Filing 3
NOTICE OF HEARING ON MOTION #2 MOTION for Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (JGK)
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Filing 2
MOTION for Preliminary Injunction - Expedited Handling Requested filed by Michelle Anita Baker. (Attachments: #1 Addendum)(JGK)
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Filing 1
COMPLAINT against Craig M Barbee., CITIMORTGAGE INC. (filing fee $402, receipt number 4-2397) filed by Michelle Anita Baker. Filer requests summons issued. Case assigned to Judge Eric C. Tostrud per 3rd/4th Master list, referred to Magistrate Judge David T. Schultz. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet) (jam) (Additional attachment(s) added on 5/17/2023: #3 LR7.1/LR72.2 Word Count Compliance Certificate) (JGK).
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