FERGUSON et al v. OPTION ONE MORTGAGE CORPORATION
| WALTER FERGUSON and CHARLENE FERGUSON |
| OPTION ONE MORTGAGE CORP., AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, N.A., STRUCTURED ASSET MANAGEMENT SECURITIES CORPORATION, AURORA LOAN SERVICES, LLC, MORTGAGE ASSET PASS-THROUGH CERTIFICATES SERIES 2006-BC6, SHAPIRO & INGLE, LLP and ANDREW HAYES |
| 1:2011cv00670 |
| August 23, 2011 |
| U.S. District Court for the Middle District of North Carolina |
| NCMD Office |
| Lee |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Other Civil Rights |
| 42 U.S.C. § 1981 |
| None |
Docket Report
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| Filing 56 MANDATE of USCA as to #49 Notice of Appeal filed by CHARLENE FERGUSON, WALTER FERGUSON. USCA number: 12-2248. (Butler, Carol) |
| Filing 55 USCA JUDGMENT that the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. Re: #49 Notice of Appeal filed by CHARLENE FERGUSON, WALTER FERGUSON. USCA case number: 12-2248. (Butler, Carol) |
| Filing 54 OPINION OF USCA AFFIRMED. USCA case number: 12-2248. (Butler, Carol) |
| Filing 53 Transmission of Update Item to USCA as to CHARLENE FERGUSON, WALTER FERGUSON to US Court of Appeals re USCA Appeal Fees. (Butler, Carol) |
| USCA Appeal Fees received $455, receipt number NCM019813 re #49 Notice of Appeal filed by CHARLENE FERGUSON, WALTER FERGUSON (Butler, Carol) |
| Filing 52 Appeal Record Sent to US Court of Appeals re #49 Notice of Appeal. (Butler, Carol) Modified on 10/15/2012 edit title. (Butler, Carol) |
| Filing 51 NOTICE of Docketing Notice of Appeal from USCA re #49 Notice of Appeal filed by CHARLENE FERGUSON, WALTER FERGUSON. USCA Case Number: 12-2248. Case Manager: Tony Webb. (Butler, Carol) (Butler, Carol). |
| Filing 50 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #49 Notice of Appeal (Butler, Carol) |
| Filing 49 NOTICE OF APPEAL as to #48 Judgment, #47 Order on Motion to Dismiss, by CHARLENE FERGUSON, WALTER FERGUSON. (Butler, Carol) |
| Filing 48 JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 09/26/2012, that Defendants' Motions to Dismiss (Doc. #13 ; Doc. #20 ; Doc. #23 ; Doc. #33 ) are GRANTED and that this action is dismissed with prejudice. (Butler, Carol) |
Filing 47
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/25/2012, 1. The Motion to Dismiss filed by Defendant Option One Mortgage Corporation, n/k/a Sand Canyon Corporation (Doc. #13 ) is GRANTED; 2. The Motion to Dismiss filed by Defendants Shapiro & Ingle, LLP and Andrew Hayes, (Doc. #20 ) is GRANTED; 3. The Motion to Dismiss filed by Defendants American Home Mortgage Servicing, Inc., and U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation, (Doc. #23 ), is GRANTED; and 4. The Motion to Dismiss filed by Defendant Aurora Loan Services, LLC as signatory for Mortgage Pass-Through Certificates, Series 2006-BC6, (Doc. #33 ) is GRANTED. (Butler, Carol)
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| Motions Submitted: #13 MOTION to Dismiss Plaintiffs' Complaint, #33 MOTION to Dismiss The Complaint and Opposition to Plaintiffs' Motion for Emergency Temporary Restraining Order and Preliminary Injunction, #23 MOTION to Dismiss the Complaint and Opposition to Plaintiffs' Motion for Emergency Temporary Restraining Order and Preliminary Injunction, #20 MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
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Filing 46
ORDER signed by JUDGE CATHERINE C. EAGLES on 02/28/2012, that the Motion for Temporary Restraining Order or Preliminary Injunction (Doc. #9 ) is DENIED, the Motion for Discovery (Doc. #4 ) is DENIED, and the Motion requesting denial of Defendant's request to extend time (Doc. #12 ) is DENIED as moot. (Butler, Carol)
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| CASE REFERRED to JUDGE CATHERINE C. EAGLES for Order on Recommendations #40 . (Sanders, Marlene) |
| Motions Referred: #13 #20 #23 #33 MOTIONS to Dismiss Plaintiffs' Complaint, to MAGISTRATE JUDGE L. PATRICK AULD. (Sanders, Marlene) |
| Case Reassigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. UNASSIGNED and MAG/JUDGE P. TREVOR SHARP no longer assigned to the case. (Powell, Gloria) |
| Filing 45 RESPONSE TO OBJECTION to #42 Recommended Ruling filed by AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NA. (Attachments: #1 Exhibit A - Unpublished Opinions)(MILLER, MEGAN) |
| Filing 44 NOTICE entitled JUDICIAL NOTICE by CHARLENE FERGUSON, WALTER FERGUSON. (Butler, Carol) |
| Filing 43 BRIEF AND MEMORANDUM re #42 Objection to Recommended Ruling - Magistrate Judge by Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON filed by CHARLENE FERGUSON, WALTER FERGUSON. (Butler, Carol) |
| Filing 42 OBJECTION TO ORDER AND RECOMMENDATION re #40 Recommended Ruling - Magistrate Judge, Order, by Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON. Response to Objections to R&R due by 2/21/2012. (Butler, Carol) |
| Filing 41 Notice of Mailing Recommendation re #40 . Objections to R&R due by 2/6/2012. (Lloyd, Donna) |
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Filing 40
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 1/18/2012; that Plaintiffs' motion for discovery is DENIED since there has been no initial pretrial order as yet in this case and no order opening a period of discovery. See Fed. R. Civ. P. 26(d)(1); RECOMMENDING that Plaintiffs' motion for a temporary restraining order or preliminary injunction be denied. Plaintiffs are not entitled to a temporary restraining order since they have not shown an immediate risk of irreparable harm before the adverse party can be heard. See Fed. R. Civ. P. 65(b)(1)(A). With regard to the request for a preliminary injunction, wherein Plaintiffs seek to overturn an order of foreclosure against 905 Spring Lane, Sanford, North Carolina, the request should be denied. Plaintiffs seeks directly to have a state court ruling in a civil action overruled. Such a request appears outside the jurisdiction of this court by reason of the Rooker-Feldman doctrine. See Exxon Mobil Corp v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005). Accordingly, Plaintiffs cannot make a requisite showing of likely success in support of their request for a preliminary injunction. Plaintiffs' motion filed as Docket No. #12 is MOOT in view of the Court's Order of September 27 (Docket No. #15 ). (Lloyd, Donna)
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ORDER signed by MAG/JUDGE P. TREVOR SHARP on 1/18/2012 denying #4 Motion to Produce Discovery. See #40 Order and Recommendation for Court's decision. (Lloyd, Donna)
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| Filing 39 RESPONSE in Opposition re #37 Response Aurora Loan Services, LLC's Opposition to Plaintiffs' Motion for Default Judgment filed by AURORA LOAN SERVICES, LLC. Replies due by 12/19/2011. (MILLER, MEGAN) |
| Filing 38 MEMORANDUM and BRIEF in Support Verified Petition in a Nature of a Motion for Default Judgment Against Aurora Loan Service, LLC filed by Plaintiffs' CHARLENE FERGUSON, WALTER FERGUSON re #37 Response filed by CHARLENE FERGUSON, WALTER FERGUSON. (Butler, Carol) |
| Filing 37 RESPONSE entitled Verified Petition in a Nature of a Motion for Default Judgment Against Aurora Loan Service, LLC filed by CHARLENE FERGUSON, WALTER FERGUSON. Replies due by 12/1/2011. (Butler, Carol) |
| Filing 36 AMENDED Roseboro Letter as to Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON. Re: Right to Respond. (Butler, Carol) |
| Filing 35 Roseboro Letter as to defendant Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON re: Right to Respond. (Butler, Carol) |
| Filing 34 MEMORANDUM filed by Defendant AURORA LOAN SERVICES, LLC re #33 MOTION to Dismiss The Complaint and Opposition to Plaintiffs' Motion for Emergency Temporary Restraining Order and Preliminary Injunction filed by AURORA LOAN SERVICES, LLC. (MILLER, MEGAN) |
| Filing 33 MOTION to Dismiss The Complaint and Opposition to Plaintiffs' Motion for Emergency Temporary Restraining Order and Preliminary Injunction by AURORA LOAN SERVICES, LLC. Responses due by 11/28/2011 (MILLER, MEGAN) |
| Filing 32 MEMORANDUM filed by Defendants AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NA re #23 MOTION to Dismiss the Complaint and Opposition to Plaintiffs' Motion for Emergency Temporary Restraining Order and Preliminary Injunction filed by AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NA. (MILLER, MEGAN) |
| Filing 31 MEMORANDUM AND BRIEF IN SUPPORT OF #30 RESPONSE filed by Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON. (Attachments: #1 Exhibit A) (Lloyd, Donna) |
| Filing 30 RESPONSE in Opposition to #23 MOTION to Dismiss entitled "VERIFIED PETITION IN OPPOSITION TO THE DEFENDANTS AMERICAN HOME MORTGAGE SERVICING, INC. AND U.S. BANK, NA MOTION TO DISMISS THE COMPLAINT AND OPPOSITION TO PLAINTIFFS' MOTION FOR EMERGENCY TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION" filed by CHARLENE FERGUSON, WALTER FERGUSON. Replies due by 11/7/2011. (Lloyd, Donna) |
| Filing 29 MEMORANDUM AND BRIEF IN SUPPORT OF #28 RESPONSE filed by Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON. (Attachments: #1 Exhibit A, #2 Exhibit B) (Lloyd, Donna) |
| Filing 28 RESPONSE in Opposition to #20 MOTION to Dismiss entitled "VERIFIED PETITION IN OPPOSITION TO THE DEFENDANTS SHAPIRO & INGLE, LLP AND ANDREW HAYES MOTION TO DISMISS" filed by CHARLENE FERGUSON, WALTER FERGUSON. Replies due by 11/7/2011. (Lloyd, Donna) |
| Filing 27 REPLY to RESPONSE IN SUPPORT OF SAND CANYON CORPORATIONS MOTION TO DISMISS filed by Defendant OPTION ONE MORTGAGE CORPORATION to Response to #13 MOTION to Dismiss Plaintiffs' Complaint filed by OPTION ONE MORTGAGE CORPORATION. (Attachments: #1 Exhibit California Secretary of State Public Records)(SHOCKLEY, BRETT) Modified on 10/18/2011 to remove unecessary punctuation. (Butler, Carol). |
| Filing 26 AMENDED Roseboro Letter as to Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON. Re: Right to Respond to pleading #23 . (Butler, Carol) (Butler, Carol). |
| Filing 25 Roseboro Letter as to Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON. Re: Right to Respond to pleading #23 . (Butler, Carol) |
| Filing 24 MEMORANDUM re #23 MOTION to Dismiss the Complaint and Opposition to Plaintiffs' Motion for Emergency Temporary Restraining Order and Preliminary Injunction by Defendants AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NA. (Attachments: #1 Exhibit 1 - Order Permitting Foreclosure, #2 Exhibit 2 - North Carolina v. McGuirt, #3 Exhibit 3 - Hoidink El Bey v. Celebration Station, #4 Exhibit 4 - Caballero v. American Mortg. Network, #5 Exhibit 5 - Ward v. Security Atlantic Mortg., Electronic Registration Systems, Inc., #6 Exhibit 6 - Wittenberg v. First Independent Mortg. Co., #7 Exhibit 7 - Jones v. Curran, #8 Exhibit 8 - Ashford v. Countrywide Home Loans, #9 Exhibit 9 - Facemire v. Duff, #10 Exhibit 10 - Vogler v. Countrywide Home Loans, Inc.)(MILLER, MEGAN) |
| Filing 23 MOTION to Dismiss the Complaint and Opposition to Plaintiffs' Motion for Emergency Temporary Restraining Order and Preliminary Injunction by AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NA. Responses due by 10/31/2011 (MILLER, MEGAN) |
| Filing 22 Roseboro Letter as to Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON re: right to respond to pleading #20 . (Butler, Carol) |
| Filing 21 MEMORANDUM filed by Defendants ANDREW HAYES, SHAPIRO & INGLE, LLP re #20 MOTION to Dismiss filed by ANDREW HAYES, SHAPIRO & INGLE, LLP. (Attachments: #1 Exhibit A (Notice of Hearing), #2 Exhibit B (Foreclosure Order), #3 Exhibit C (Report of Sale))(PURSER, JASON) |
| Filing 20 MOTION to Dismiss by ANDREW HAYES, SHAPIRO & INGLE, LLP. Responses due by 10/31/2011 (PURSER, JASON) |
| Filing 19 MEMORANDUM entitled VERIFIED PETITION IN THE NATURE OF AN OBJECTION AND MOTION TO STRIKE DEFENDANT SAND CANYON CORPORATION'S MOTION TO DISMISS AND PLAINTIFF'S OMNIBUS OBJECTION TO ALL DEFENDANTS PLEADINGS AND MOTIONS in Support of #18 Response. (Butler, Carol) (Additional attachment(s) added on 10/5/2011: #1 Exhibit A, #2 Exhibit B) (Butler, Carol). |
| Filing 18 RESPONSE entitled VERIFIED PETITION IN THE NATURE OF AN OBJECTION AND MOTION TO STRIKE DEFENDANT SAND CANYON CORPORATION'S MOTION TO DISMISS AND PLAINTIFF'S OMNIBUS OBJECTION TO ALL DEFENDANTS PLEADINGS AND MOTIONS. Re #13 MOTION to Dismiss Plaintiffs' Complaint filed by CHARLENE FERGUSON, WALTER FERGUSON. Replies due by 10/21/2011. (Butler, Carol) |
| Filing 17 NOTICE entitled JUDICIAL NOTICE by CHARLENE FERGUSON, WALTER FERGUSON. (Butler, Carol) |
| Filing 16 Roseboro Letter as to Plaintiffs CHARLENE FERGUSON, WALTER FERGUSON regarding right to respond to pldg. #13 . (Butler, Carol) |
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Filing 15
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 09/27/2011, that Defendants' motion (Docket No. #11 ) is GRANTED and that Defendants shall file and serve their response to Plaintiffs' Complaint on or before October 14, 2011. Answers due by 10/14/2011. (Butler, Carol)
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| Set Deadline: AMERICAN HOME MORTGAGE SERVICING, INC.; MORTGAGE ASSET PASS-THROUGH CERTIFICATES SERIES 2006-BC6; STRUCTURED ASSET MANAGEMENT SECURITIES CORPORATION; U.S. BANK, NA. Answer due by 10/14/2011. (Butler, Carol) |
| Filing 14 MEMORANDUM filed by Defendant OPTION ONE MORTGAGE CORPORATION re #13 MOTION to Dismiss Plaintiffs' Complaint Memorandum in Support of Motion to Dismiss filed by OPTION ONE MORTGAGE CORPORATION. (Attachments: #1 Exhibit Promissory Note, #2 Exhibit Deed of Trust)(SHOCKLEY, BRETT) |
| Filing 13 MOTION to Dismiss Plaintiffs' Complaint by OPTION ONE MORTGAGE CORPORATION. Responses due by 10/20/2011 (SHOCKLEY, BRETT) |
| Filing 12 MOTION ENTITLED VERIFIED PETITION IN THE NATURE OF AN OBJECTION AND MOTION TO DENY DEFENDANTS AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NATIONAL ASSOCIATION, STRUCTURED ASSET MANAGEMENT SECURITIES CORPORATION, AND MORTGAGE ASSET PASS-THROUGH CERTIFICATES SERIES 2006-BC6 MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT by WALTER FERGUSON. Responses due by 10/14/2011. (Attachments: #1 Exhibit A, #2 Affidavit, #3 Text of Proposed Order)(Butler, Carol) Modified on 9/22/2011 to correct spelling. (Butler, Carol) |
| Motions Referred: #11 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, to MAG/JUDGE P. TREVOR SHARP- (Garrett, Kim) |
| Filing 11 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NA. (Attachments: #1 Text of Proposed Order on Motion for Extension)(MILLER, MEGAN) Modified on 9/28/2011 to remove duplicate text. (Lloyd, Donna) |
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Filing 10
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 09142011, that Defendants' motion (Docket No. #7 ) is GRANTED and that Defendants Shapiro & Ingle and Hayes shall have until and including October 12, 2011, within which to respond to the Complaint. Answer due by 10/12/2011. (Butler, Carol)
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| Filing 9 MOTION entitled Verified Petition In The Nature Of A Motion for Emergency Temporary Restraining Order And Preliminary Injunction by WALTER FERGUSON. Responses due by 10/7/2011. (Attachments: #1 Proposed Order)(Butler, Carol) |
| Filing 8 RESPONSE as to #7 Motion for Extension of Time "entitled Verified Petition In The Nature Of an Objection and Motion To Deny Defendants' Shapiro & Ingle, LLP and Andrew Hayes Motion For Enlargement Of Time To Respond To Complaint" by WALTER FERGUSON. (Attachments: #1 Proposed Order, #2 Exhibit A)(Butler, Carol) |
| Set Deadline. Responses due by 9/30/2011. Re: #8 Response (Butler, Carol) |
| Motions Referred: #7 MOTION for Extension of Time to File Answer re #1 Complaint, to MAG/JUDGE P. TREVOR SHARP- (Garrett, Kim) |
| Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint,, by ANDREW HAYES, SHAPIRO & INGLE, LLP. (Attachments: #1 Text of Proposed Order)(PURSER, JASON) |
| Filing 6 Notice of Right to Consent. Plaintiff shall serve the attached form on all parties. (Sheets, Jamie) |
| Filing 5 Summons Issued as to OPTION ONE MORTGAGE CORPORATION, AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NA, STRUCTURED ASSET MANAGEMENT SECURITIES CORPORATION, AURORA LOAN SERVICES, LLC, MORTGAGE ASSET PASS-THROUGH CERTIFICATES SERIES 2006-BC6, SHAPIRO & INGLE, LLP, ANDREW HAYES. (Sheets, Jamie) |
| Filing 4 MOTION to Produce (Verified Petition in the Nature of a MOTION, Pursuant to Writ for Discovery Under Supboena Duces Tecum) by WALTER FERGUSON, CHARLENE FERGUSON. Responses due by 9/16/2011 (Attachments: #1 Exhibit B) (Sheets, Jamie) |
| Filing 3 Verfied Petition in the Nature of a LIS PENDENS by WALTER FERGUSON, CHARLENE FERGUSON. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Sheets, Jamie) |
| Filing 2 CIVIL COVER SHEET. (Sheets, Jamie) |
| Filing 1 Verfied Petition in the Nature of a COMPLAINT, Pursuant to Civil Rights Violations, Fraud, Breach of Contracts and Claims against OPTION ONE MORTGAGE CORPORATION, AMERICAN HOME MORTGAGE SERVICING, INC., U.S. BANK, NA, STRUCTURED ASSET MANAGEMENT SECURITIES CORPORATION, AURORA LOAN SERVICES, LLC, MORTGAGE ASSET PASS-THROUGH CERTIFICATES SERIES 2006-BC6, SHAPIRO & INGLE, LLP, ANDREW HAYES, (Filing fee $350 Receipt #NCM015632) filed by WALTER FERGUSON, CHARLENE FERGUSON. (Attachments: #1 Exhibit C) (Sheets, Jamie) Modified on 8/24/2011 to reflect correct file date. (Sheets, Jamie) |
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