Ahmed, et al v. Porter, et al
| Naseem Ahmed, Tahmeena Ahmed, Gregory Anderson, Natasha Beale, Miriam Benard, Marjorie Biller, Michael Bodnar, Anne Bodnar, Kevin Booner, Shannon Booner, Gregory Breunich, Danielle Breunich, Benjamin Carcamo, Gerardo Carcamo, Karen Carcamo, Mario Carcamo, Charles Cates, Sarah Cates, William Cheal, Christopher Ciaccio, Marshall Heath Clayton, Randall Corbin, Patricia Corbin, Maxfield Crook, Joann Crook, Lawrence Domonkos, Patricia Domonkos, Obinna Ekezie, Robert Emory, Jeremy Fishman, Linda Frimpong, Keith Gilmore, Brandon Goldstein, Gary Gray, Jonathan Gray, Marian Gray, Thomas Haar, Maria Haar, Terence Havens, Ramona Havens, Robert Headley, Jr., Audra Headley, Jane Ifabanwo, Jonathan Lilly, James Marchica, Johnny Maroney, Nadine Maroney, Charles McCarthy, Brigitte McCarthy, Owen McCarthy, Dorothia McCarthy, Jonathan McCoy, Jamila McCoy, Jeffery McNeal, Theodore Meek, Jessica Meek, Theodore Meekma, Kimberly Melton, Douglas Brown, William Melton, Jr., Marian Melton, Ronald Muse, Brad Norman, Susan Norman, Obiora Nwude, Adrienne Nwude, Jennifer Obiora, Lonnie Parker, Jr., Michael Perez, Stephanie Perez, Jamal Pritchard, Bruce Ransom, Rebecca Ransom, Michael Reed, Christine Reed, Phillip Russ, Manami Russ, Joe Schlegel, Janis Schlegel, James Schmedl, Victoria Schmehl, Nancy Scott, Micahel Stead, Donna Stead, Souleymane Tall, Adeniyi Tella, Okubunmi Tella, David Terrell, Michael Ugbogbo, Samuel Williamosky, Tomika Woods, Tamika Wright, Charles Zombro, Michael Crandus, Aniekan Emmanuel Offiong, John Cooney, Michael Colbert, Joseph Monza, Anna Monza and Akinlolu Olanegan |
| Anthony Porter, United Community Bank, Branch Banking and Trust Company, Secor Group, LLC, Carolina First Bank, A. Greg Anderson, Sunset Funding Company ("Sunset"), Luis Castillo ("Castillo"), Source One Properties, Source One Communities, Inc., H. Lee Farthing, Stephen M. Rayborn and Michael Yeomans |
| 1:2009cv00101 |
| March 11, 2009 |
| US District Court for the Western District of North Carolina |
| Fraud or Truth-In-Lending Office |
| XX, Outside State |
| Dennis Howell |
| Lacy Thornburg |
| Defendant |
| Diversity |
| 28:1332 Diversity-(Citizenship) |
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Filing
253
ORDER granting 249 Motion for DEFAULT JUDGMENT. Signed by Chief Judge Robert J. Conrad, Jr on 03/16/11. (Pro se litigant served by US Mail.)(emw)
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Filing
248
ORDER granting 235 Motion to confirm the arbitration award. Plaintiff Ekezie's claims against UCB are dismissed. The court hereby enters judgment against Ekezie and in favor of UCB. Signed by Chief Judge Robert J. Conrad, Jr on 07/13/2010. (Pro se litigant served by US Mail.)(thh)
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Filing
246
ORDER denying without prejudice 242 Motion for Default Judgment against defts Porter, ORourke, and Sunset Funding. Signed by Chief Judge Robert J. Conrad, Jr on 6/23/10. (Pro se litigant served by US Mail.)(ejb)
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Filing
233
CLERK'S JUDGMENT Confirming Arbitration Awards is hereby entered in accordance with the Court's Order dated 1/7/2010. Signed by Clerk, Frank G. Johns. (com)
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Filing
232
ORDER granting 223 Motion to Dismiss; granting 229 Motion to Dismiss; adopting Memorandum and Recommendations re 231 Memorandum and Recommendations. Signed by Chief Judge Robert J. Conrad, Jr on 02/23/2010. (thh)
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Filing
231
FIFTH MEMORANDUM AND RECOMMENDATIONS re 223 MOTION to Dismiss Plaintiff Colbert's Motion for Voluntary Dismissal filed by Michael Colbert, 229 MOTION to Dismiss Voluntarily, without prejudice, filed by William Melton, Jr., Patricia Corbin, Marian Melton, Jonathan Lilly, Randall Corbin Objections to M&R due by 3/8/2010. Signed by Magistrate Judge Dennis Howell on 02/17/2010. (thh)
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Filing
230
ORDER adopting Third Memorandum and Recommendations re 193 Memorandum and Recommendations. Signed by Chief Judge Robert J. Conrad, Jr on 02/12/2010. (thh)
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Filing
225
ORDER adopting Memorandum and Recommendations in its entirety re 221 Memorandum and Recommendations. It is therefore ordered that: defendant Secor Group, LLCs Motion to Dismiss Pursuant to Rule 41(b) or, in the Alternative, to Compel Plaintiffs to File Notice and Enlarge Secors Time to Respond to Second Amended Complaint (#155) is DENIED without prejudice as MOOT; defendant Secor Group, LLCs Motion to Dismiss Second Amended Complaint, or for More Definite Statement (#1 75) is DENIED without prejudice as MOOT;plaintiffs Naseem Ahmeds, Tahmeena Ahmeds, Kevin Bonners, Shannon Bonners, Mario Carcamos, Owen McCarthys, and Dorothia McCarthys Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) (without prejudice) (#1 87) is GRANTED without prejudice as to Naseem Ahmed, Tahmeena Ahmed, Kevin Bonner, Shannon Bonner, and Mario Carcamo, and DENIED without prejudice as to Owen McCarthy and Dorothia McCarthy; plaintiffs Motion for Voluntary Dismissal of the Claims Agai nst Defendant John Perry Pursuant to Rule 41(a)(2) (without prejudice) (#200) is ALLOWED, and defendant John Perry is DISMISSED from this action without prejudice; plaintiffs Motion for Voluntary Dismissal of the Claims Against Defendant P. G. Capita l Holdings, L.L.C., Pursuant to Rule 41(a)(2) (without prejudice) (#203) is ALLOWED, and defendant P. G. Capital Holdings, L.L.C., is DISMISSED from this action without prejudice; defendant United Community Banks Motion to Confirm Arbitration Awards Against Plaintiffs Marjorie J. Biller, Dorothia E. McCarthy, Owen M. McCarthy, and Jeffrey B. McNeal and for Entry of Judgment Thereon (#204), is ALLOWED and JUDGMENTS shall be entered CONFIRMING such awards in arbitration. The Court further DISMISSE S WITHOUT PREJUDICE any remaining claims of plaintiffs Marjorie J. Biller, Dorothia E. McCarthy, Owen M. McCarthy, and Jeffrey B. McNeal; and plaintiffs Miriam Benards and Michael Cranduss Motion for Voluntary Dismissal Pursuant to Rule 41(a)(2) (#217) is ALLOWED, and these two plaintiffs and their claims are DISMISSED without prejudice.. Signed by Chief Judge Robert J. Conrad, Jr on 01/07/2010. (thh)
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Filing
221
MEMORANDUM AND RECOMMENDATIONS re 155 MOTION to Dismiss for Lack of Prosecution MOTION for Extension of Time to File Answer and/or Motion to Dismiss filed by Secor Group, LLC, 217 MOTION to Dismiss Voluntarily pu rsuant to Rule 41(a)(2) filed by Miriam Benard, Michael Crandus, 200 MOTION to Dismiss Voluntarily the Claims Against Defendant John Perry, without prejudice filed by William Melton, Jr., Jonathan Gray, Shannon Bonner, Audra Headley, Mar ian Gray, Marjorie Biller, Kevin Bonner, Joseph Monza, Michael Crandus, Patricia Corbin, Rebecca Ransom, Manami Russ, Kimberly Melton, Mario Carcamo, Douglas Brown, Robert Headley, Jr., Marian Melton, Charles Zombro, Randall Corbin, Okubunmi Tella, T ahmeena Ahmed, Jonathan Lilly, Bruce Ransom, Anne Bodnar, Phillip Russ, Keith Gilmore, Obinna Ekezie, Anna Monza, Robert Emory, Miriam Benard, Souleymane Tall, Adeniyi Tella, Jeffery McNeal, Michael Bodnar, Naseem Ahmed, Michael Colbert, Marshall Hea th Clayton, 187 MOTION to Dismiss Voluntarily, Without Prejudice filed by Shannon Bonner, Kevin Bonner, Mario Carcamo, Dorothia McCarthy, Tahmeena Ahmed, Owen McCarthy, Naseem Ahmed, 175 MOTION to Dismiss filed by Secor Group, LLC, 203 M OTION to Dismiss Voluntarily, without prejudice, the Claims Against Defendant P.G. Capital Holdings, L.L.C. filed by William Melton, Jr., Jonathan Gray, Shannon Bonner, Audra Headley, Marian Gray, Marjorie Biller, Kevin Bonner, Joseph Monza, M ichael Crandus, Patricia Corbin, Rebecca Ransom, Manami Russ, Kimberly Melton, Mario Carcamo, Douglas Brown, Robert Headley, Jr., Charles Zombro, Marian Melton, Randall Corbin, Okubunmi Tella, Tahmeena Ahmed, Bruce Ransom, Jonathan Lilly, Anne Bodnar , Phillip Russ, Keith Gilmore, Obinna Ekezie, Anna Monza, Robert Emory, Miriam Benard, Adeniyi Tella, Souleymane Tall, Jeffery McNeal, Michael Bodnar, Naseem Ahmed, Michael Colbert, Marshall Heath Clayton, 204 MOTION for Judgment Based on ADR Settlement filed by United Community Bank Objections to M&R due by 1/4/2010. Signed by Magistrate Judge Dennis Howell on 12/17/2009. (thh)
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Filing
211
ORDER granting 210 Motion to Strike and 178 Answer to Amended Complaint is stricken. Signed by Magistrate Judge Dennis Howell on 11/03/2009. (thh)
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Filing
195
ORDER granting 160 Motion Clarify Court's Docket, to add Neil O' Rourke and P.G. Captial Holdings, LLC as Defts; denying as moot 142 Motion for Extension of Time to Answer ; granting 145 Motion for Extension of Time Respond to Pltfs First request to Produce to All Defts; granting 147 Motion for Extension of Time for filing Expert Reports; Pretrial Order Deadlines are reset as follows: Discovery due by 3/1/2010, Motions due by 4/1/2010, Mediation deadline set for 12/15/2009, Jury Trial set for 7/1/2010 09:30 AM in Courtroom 2, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Robert J. Conrad Jr.); granting, nunc pro tunc 148 Motion to Stay Deadlines pending 9/21/09 Conf. (see order for further details)Signed by Magistrate Judge Dennis Howell on 10/21/2009. (thh)
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Filing
193
THIRD MEMORANDUM AND RECOMMENDATIONS re 139 Amended Complaint,,, filed by William Melton, Jr., Jonathan Gray, Audra Headley, Marian Gray, Shannon Booner, Marjorie Biller, Joseph Monza, Michael Crandus, Patricia Corbin, Rebec ca Ransom, Manami Russ, Kimberly Melton, Mario Carcamo, Douglas Brown, Robert Headley, Jr., Charles Zombro, Marian Melton, Randall Corbin, Okubunmi Tella, Tahmeena Ahmed, Kevin Booner, Jonathan Lilly, Bruce Ransom, Anne Bodnar, Phillip Russ, Keith Gi lmore, Obinna Ekezie, Anna Monza, Robert Emory, Miriam Benard, Souleymane Tall, Adeniyi Tella, Jeffery McNeal, Michael Bodnar, Naseem Ahmed, Michael Colbert, Marshall Heath Clayton Objections to M&R due by 11/6/2009. Signed by Magistrate Judge Dennis Howell on 10/19/2009. (thh)
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Filing
190
ORDER 182 Alan D. McInnes and Hayden J. Silver, IIIs Motion to be Excused from Court Attendance; 183 Joseph P. McGuires Motion to be Excused from Court Attendance; and 188 Peter C. Andersons Motion to be Excused from Hearing on 10/16/09, are ALLOWED and such attorneys are excused from the 10/16/09 hearing.Signed by Magistrate Judge Dennis Howell on 10/15/09. (ejb)
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Filing
185
ORDER granting 180 Motion to Excuse Attorneys from hearing, and Ms. Knight and Mr. King are excused from the October 16, 2009, hearing. Signed by Magistrate Judge Dennis Howell on October 13, 2009. (jhg)
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Filing
161
ORDER in addition to instructions in previous 153 Order, Messrs. Sparks and Plyler shall appear on 10/16/09, at 2 p.m. and there show cause for their failure to obey the courts oral Order requiring that such Notice (Docket E ntry #157) be filed by Monday, 09/28/09. Further, respective counsel shall show good cause at such hearing why they did not file Suggestions of Bankruptcy and Notices to Creditors of Automatic Stay in this matter as to each of the pltfs listed in Do cket Entry #157. FURTHER ORDERED Respective counsel for pltfs file a Suggestion of Bankruptcy and Notice to Creditors of Automatic Stay as to each and every pltf who has filed for bankruptcy, but for whom they have not heretofore filed such notice, i n advance of the hearing on 10/16/09. FURTHER ORDERED defts Sunset Funding Company ("Sunset"), Luis Castillo ("Castillo"), Anthony Porter, Source One Properties, LLC, Source One Communities, Inc., H. Lee Farthing, Stephen M. Rayb orn, Secor Group, LLC, Carolina First Bank, Michael Yeomans, A. Greg Anderson, and United Community Bank Answers or other responsive pleadings to pltfs Amended Complaint are due up to and inclusive of 10/9/2009. Signed by Magistrate Judge Dennis Howell on 10/02/09. (emw)
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Filing
154
SECOND MEMORANDUM AND RECOMMENDATION. Clerk instructed to send copy of this M&R to Clerk of Bankruptcy Court in following cases for service upon the Trustee in each of such cases: (1) In re: Aniekan Emmanuel Offiong, Case No. 09-26507-KCF, U.S. Bankruptcy Court for the District of New Jersey (Trenton); and (2) In re: James Marchica, Case No. 3:09-bk-12615-VK, U.S. Bankruptcy Court for the Central District of California. Signed by Magistrate Judge Dennis Howell on 09/29/09. (emw) Modified on 9/29/2009 changed to M&R event (com).
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Filing
153
ORDER re 150 Response in Support of Motion, 145 Consent MOTION for Extension of Time to Complete Discovery to Respond to Plaintiffs' First Request to Produce to All Defendants, 148 MOTION to Stay Deadlines Pending September 21, 2009 Conference, 147 MOTION for Extension of Time to Complete Discovery and Scheduling Conference -- DENIED without prejudice as to the substantive relief therein sought, which should be sought through the CIAC pro cess. IT IS, THEREFORE, ORDERED that Messrs. Sparks and Plyler appear on October 16, 2009, at 2 p.m. and there show cause for their failure to obey the courts Order requiring their appearance. - IT IS FURTHER ORDERED that before October 9, 2009, coun sel for all parties shall meet and conduct a supplemental initial attorneys conference and submita CIAC and proposed Pretrial Order at least two days in advance of the October 16, 2009, hearing. A Pretrial Conference will be conducted at the October 16, 2009, hearing and a new Pretrial Order thereinafter issued.. Signed by Magistrate Judge Dennis Howell on 09/25/09. (emw)
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Filing
151
ORDER granting 149 Motion to terminate defendant, BB&T. Signed by Magistrate Judge Dennis Howell on 09/17/09. (emw)
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Filing
144
ORDER GRANTING defendant Secor Group, LLCs Motionfor Enlargement of Time to Respond to Second Amended Complaint (#8) and such defendant is ALLOWED up to and inclusive of September 30,2009, to so Answer or otherwise respond to the specified Amended Complaint; and IT IS FURTHER ORDERED that upon suggestion of disobedience of a court Order made upon the record, all counsel of record and all unrepresented parties shall appear for a hearing to determine whether the Order of the district court has been disobeyed and what, if any, sanctions should be imposed. Such hearing is set for September 21, 2009, at 2 p.m. in Asheville.. Signed by Magistrate Judge Dennis Howell on 09/10/09. (emw)
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Filing
137
ORDER OF DISMISSAL granting 124 Pltfs' Thomas Haar, Maria Haar, Johnny Maroney, Nadine Maroney, Charles McCarthy, Brigitte McCarthy, Theodore Meek, Jessica Meek, Theodore Meekma, Obiora Nwude, Adrienne Nwude, Michael Pe rez, Stephanie Perez, Jamal Pritchard, Michael Reed, Christine Reed, Joe Schlegel, Janis Schlegel, Nancy Scott, Michael Stead, Donna Stead, David Terrell, Tomika Woods, Tamika Wright, John Cooney, Akinlolu Olanegan, Natasha Beale, Gregory Breunich, D anielle Breunich, Gerardo Carcamo, Karen Carcamo, Charles Cates, Sarah Cates, William Cheal, Lawrence Domonkos, Patricia Domonkos, Brandon Goldstein. Motion For Voluntary Dismissal, and all their claims against all the defendants herein are hereby DISMISSED WITHOUT PREJUDICE. Signed by District Judge Lacy Thornburg on 08/19/09. (emw) Modified on 8/19/2009 to add pltfs' names this order pertains to. Case closed in error - reopened case(emw). NEF Regenerated.
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Filing
94
ORDER denying as moot 73 Motion to Compel; denying 77 Motion for Extension of Time to file further briefing and pleading Re Arbitration; denying as moot 78 Motion for Discovery or in the Alternative to respond to Motion to Compel Discovery. IT IS FURTHER ORDERED that the 11 Motion to Stay Proceedings and to Compel Arbitration; 76 Joint Motion to Dismiss Claims of Michael and Donna Stead Against Defendant Carolina First Bank; 82 Motion to Dismiss, Motion for Mor e Definite Statement, Motion to Sever; and 89 Plaintiffs' Motion to Convert Defendant Secor's Motion to Dismiss to Summary Judgment Motion and Permit Discovery Sufficient to Respond to Defendant's Motion, are CALENDARED for hearing on April 29, 2009, at 9 a.m. in Asheville.Signed by Magistrate Judge Dennis Howell on 03/23/2009. (thh)
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Filing
68
ORDER denying 23 Motion to Remand. The court heard oral argument today concerning plaintiffs' motion to remand, D.E. 23 . The court fully considered the record in this case (including the amended complaint) and the arguments of counsel. As e xplained in open court and incorporated herein by reference, the court denies plaintiffs' motion to remand. As for scheduling, plaintiffs have up to January 16, 2009, to file a response to UCB's motion to compel arbitration and to file a r eply in support of plaintiffs' motion to stay arbitration. Any defendant who has not yet filed an answer or other response to plaintiffs' amended complaint shall do so not later than January 16, 2009. Signed by Judge James C. Dever III on 12/19/2008. (Richards, J.) [Transferred from North Carolina Eastern on 3/11/2009.]
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