Rosevelt: Hopper v. State of NC et al
Plaintiff: Brandace Jarreau Rosevelt: Hopper
Defendant: State of NC, Lawrence W. Blake doing business as Substitute Trustee Services Inc., Hutchens Law Firm LLP, Frank D. Whitney, Hilton Terry Hutchens, Rocket Mortgage LLC, Elisa Chinn-Gary and Donald C. Coggins, Jr.
Case Number: 3:2022cv00259
Filed: June 9, 2022
Court: US District Court for the Western District of North Carolina
Presiding Judge: Kenneth D Bell
Referring Judge: Donald C Coggins
2 Judge: David Keesler
3 Judge: Kevin F McDonald
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2022 Opinion or Order Filing 56 Pro Se AFFIDAVIT by Brandace Jarreau Rosevelt: Hopper (Attachments: #1 Attachments, #2 Envelope)(tlj)
August 2, 2022 Opinion or Order Filing 55 MEMORANDUM in Opposition re #42 MOTION for Summary Judgment, #41 MOTION for Default Judgment as to, #13 MOTION for Default Judgment as to by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. Replies due by 8/9/2022 (Bunda, Jeffrey)
August 2, 2022 Opinion or Order Filing 54 RESPONSE in Opposition re #42 MOTION for Summary Judgment by Elisa Chinn-Gary, State of NC. Replies due by 8/9/2022 (O'Brien, Elizabeth)
July 29, 2022 Opinion or Order Filing 53 ROSEBORO ORDER Setting Response Deadline re: #52 MOTION to Dismiss Amended Complaint pursuant to Rule 12(b)(1), 12(b)(5), & 12(b)(6). Responses due by 8/29/2022. Signed by Magistrate Judge Kevin McDonald on 7/29/2022. (Pro se litigant served by US Mail.)(ef)
July 29, 2022 Opinion or Order TEXT-ONLY ORDER denying #50 motion for reconsideration of the undersigned's July 18, 2022, order on recusal. To the extent Plaintiff is objecting to an order of the Magistrate Judge, the Court overrules that objection and finds that Judge McDonald's order dated July 20, 2022, was neither clearly erroneous nor contrary to law. Entered by District Judge Donald C Coggins on 7/29/2022. (Pro se litigant served by US Mail.)(ef) Modified text on 7/29/2022 (ef).
July 29, 2022 Opinion or Order TEXT-ONLY ORDER re #50 pro se motion for reconsideration. To the extent the plaintiff's motion can be construed as requesting the undersigned reconsider prior orders entered in this case, the plaintiff's motion is denied. Entered by Magistrate Judge Kevin F. McDonald on 7/29/2022. (Pro se litigant served by US Mail.)(ef) Modified text on 7/29/2022 (ef).
July 28, 2022 Opinion or Order Filing 52 MOTION to Dismiss Amended Complaint pursuant to Rule 12(b)(1), 12(b)(5), & 12(b)(6) by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. Responses due by 8/11/2022 (Attachments: #1 Memorandum (previously filed as Docket Entry 18)) (Bunda, Jeffrey). Motions referred to Kevin McDonald.
July 27, 2022 Opinion or Order Filing 51 Exhibit by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. Exhibit to #20 Memorandum in Support of Motion - Exhibit 1 (Return of Service from Foreclosure Case) (Bunda, Jeffrey)
July 27, 2022 Opinion or Order Filing 50 Pro Se MOTION for Reconsideration re #35 Order on Motion for Recusal, TEXT-ONLY ORDER denying 27 Motion to Strike, TEXT ORDER denying 40 pro se motion for recusal of magistrate judge, TEXT-ONLY ORDER denying 37 Motion for Reconsideration re July 5, 2022 Text Order on Motion for Extension of Time, TEXT-ONLY ORDER denying 38 motion to strike and 39 motion to strike, #34 Order on Motion for Recusal by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/10/2022 (Attachments: #1 Exhibit, #2 Envelope) (ef). Motions referred to Kevin McDonald.
July 27, 2022 Opinion or Order Filing 49 Pro Se AFFIDAVIT by Brandace Jarreau Rosevelt: Hopper (Attachments: #1 Attachments, #2 Envelope)(ef)
July 25, 2022 Opinion or Order TEXT-ONLY ORDER denying #48 motion for reconsideration of the Courts July 5, 2022, text order on motion for extension of time is also denied. Entered by District Judge Donald C Coggins on 7/25/2022. (Pro se litigant served by US Mail.)(ef)
July 25, 2022 Opinion or Order TEXT-ONLY ORDER denying #47 motion for recusal for the same reasons provided in the Courts order #34 ruling on Plaintiffs first motion for recusal. Entered by District Judge Donald C Coggins on 7/25/2022. (Pro se litigant served by US Mail.)(ef)
July 22, 2022 Opinion or Order TEXT-ONLY ORDER denying #43 MOTION to Strike #24 Notice of Appearance, #22 Notice of Appearance, #44 MOTION to Strike #19 MOTION to Remand to State Court (Mecklenburg Co. 22 SP 268), #45 MOTION to Strike #17 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(5), & 12(b)(6). Entered by Magistrate Judge Kevin F. McDonald on 7/22/2022. (Pro se litigant served by US Mail.)(ef)
July 22, 2022 Opinion or Order TEXT-ONLY ORDER denying #46 pro se motion for recusal of magistrate judge for the reasons set forth in the order filed July 18, 2022 (doc. 35). So Ordered. Entered by Magistrate Judge Kevin F. McDonald on 7/22/2022. (Pro se litigant served by US Mail.)(ef) Modified text on 7/22/2022 (ef).
July 20, 2022 Opinion or Order Filing 43 Pro Se MOTION to Strike #24 Notice of Appearance, #22 Notice of Appearance by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/3/2022 (Attachments: #1 Exhibits, #2 Envelope) (tlj)
July 20, 2022 Opinion or Order Filing 42 Pro Se MOTION for Summary Judgment by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/3/2022 (Attachments: #1 Envelope) (tlj). Motions referred to Kevin McDonald.
July 20, 2022 Opinion or Order TEXT-ONLY ORDER denying #37 Motion for Reconsideration re July 5, 2022 Text Order on Motion for Extension of Time. So Ordered. Entered by District Judge Donald C Coggins on 7/19/2022. (Pro se litigant served by US Mail.)(ams)
July 20, 2022 Opinion or Order TEXT ORDER denying #40 pro se motion for recusal of magistrate judge for the reasons set forth in the order filed July 18, 2022 #35 . So Ordered. Entered by Magistrate Judge Kevin McDonald on 7/20/2022. (Pro se litigant served by US Mail.)(ams) Modified on 7/20/2022 (ams).
July 20, 2022 Opinion or Order TEXT-ONLY ORDER denying #38 motion to strike and #39 motion to strike. So Ordered. Entered by Magistrate Judge Kevin McDonald on 7/20/2022. (Pro se litigant served by US Mail.)(ams)
July 19, 2022 Opinion or Order Filing 48 Pro Se MOTION for Reconsideration re 7/5/2022 Text-Only Order on Motion for Extension of Time, by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/2/2022. (Attachments: #1 Envelope addressed to Asheville Clerk's Office) (ejb). Motions referred to Kevin McDonald.
July 19, 2022 Opinion or Order Filing 47 Pro Se MOTION for Recusal of Judge by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/2/2022. (Attachments: #1 Envelope addressed to Asheville Clerk's Office) (ejb). Motions referred to Kevin McDonald.
July 19, 2022 Opinion or Order Filing 46 Pro Se MOTION for Recusal of Magistrate Judge by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/2/2022. (Attachments: #1 Exhibits G & H, #2 Envelope addressed to Asheville Clerk's Office) (ejb). Motions referred to Kevin McDonald.
July 19, 2022 Opinion or Order Filing 45 Pro Se MOTION to Strike Defts' #17 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(5), & 12(b)(6) by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/2/2022. (Attachments: #1 Envelope addressed to Asheville Clerk's Office) (ejb)
July 19, 2022 Opinion or Order Filing 44 Pro Se MOTION to Strike Defts' #19 MOTION to Remand to State Court (Mecklenburg Co. 22 SP 268) by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/2/2022. (Attachments: #1 Envelope addressed to Asheville Clerk's Office) (ejb)
July 18, 2022 Opinion or Order Filing 41 Pro Se MOTION for Default Judgment as to by Brandace Jarreau Rosevelt: Hopper. (Attachments: #1 Envelope) (tlj)
July 18, 2022 Opinion or Order Filing 40 Pro Se MOTION for Recusal of Magistrate Judge by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/1/2022 (Attachments: #1 Exhibits, #2 Envelope) (tlj). Motions referred to Kevin McDonald.
July 18, 2022 Opinion or Order Filing 39 Pro Se MOTION to Strike #17 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(5), & 12(b)(6) by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/1/2022 (ams)
July 18, 2022 Opinion or Order Filing 38 Pro Se MOTION to Strike #19 MOTION to Remand to State Court (Mecklenburg Co. 22 SP 268) by Brandace Jarreau Rosevelt: Hopper. Responses due by 8/1/2022 (ams)
July 18, 2022 Opinion or Order Filing 37 Pro Se MOTION for Reconsideration re Order on Motion for Extension of Time, by Brandace Jarreau Rosevelt: Hopper. Response due by 8/1/2022 (ams). Motions referred to Kevin McDonald.
July 18, 2022 Opinion or Order Filing 36 ROSEBORO ORDER Setting Response Deadline re: #32 Joint MOTION to Dismiss . Response due by 8/18/2022. Signed by Magistrate Judge Kevin McDonald on 7/18/2022. (Pro se litigant served by US Mail.)(ams) Modified to remove Motion #17 on 7/18/2022 (ams).
July 18, 2022 Opinion or Order Filing 35 ORDER denying #30 Motion for Recusal. Signed by Magistrate Judge Kevin McDonald on 7/18/2022. (Pro se litigant served by US Mail.)(ams)
July 18, 2022 Opinion or Order Filing 34 ORDER denying #28 Motion for Recusal. Signed by District Judge Donald C Coggins on 7/18/2022. (Pro se litigant served by US Mail.)(ams)
July 18, 2022 Opinion or Order TEXT-ONLY ORDER denying #27 Motion to Strike. So Ordered. Entered by Magistrate Judge Kevin F. McDonald on 7/18/2022. (Pro se litigant served by US Mail.)(ams) Modified judge on 7/18/2022 (ams).
July 15, 2022 Opinion or Order Filing 33 MEMORANDUM in Support re #32 Joint MOTION to Dismiss by Elisa Chinn-Gary, State of NC. (Lindsley, Jeremy)
July 15, 2022 Opinion or Order Filing 32 Joint MOTION to Dismiss by Elisa Chinn-Gary, State of NC. Responses due by 7/29/2022 (Lindsley, Jeremy). Motions referred to Kevin McDonald.
July 15, 2022 Opinion or Order Filing 31 Attachment to #13 Motion for Default Judgment by Brandace Jarreau Rosevelt: Hopper (ams)
July 15, 2022 Opinion or Order Filing 30 Pro Se MOTION for Recusal by Brandace Jarreau Rosevelt: Hopper. Responses due by 7/29/2022 (Attachments: #1 Exhibit, #2 Envelope) (ams). Motions referred to Kevin McDonald.
July 14, 2022 Opinion or Order Filing 28 Pro Se MOTION for Recusal by Brandace Jarreau Rosevelt: Hopper. Responses due by 7/28/2022 (Attachments: #1 Envelope) (ams). Motions referred to Kevin McDonald.
July 14, 2022 Opinion or Order Filing 27 Renewed Pro Se MOTION to Strike by Brandace Jarreau Rosevelt: Hopper. Responses due by 7/28/2022 (Attachments: #1 Envelope) (ams)
July 14, 2022 Opinion or Order Filing 26 Pro Se AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Brandace Jarreau Rosevelt: Hopper. (Attachments: #1 Exhibits, #2 Envelope)(ams)
July 14, 2022 Opinion or Order Filing 25 Deleted Entry, Filed in Error (ams)
July 14, 2022 Opinion or Order Filing 24 NOTICE of Appearance by Elizabeth Curran O'Brien on behalf of Elisa Chinn-Gary (O'Brien, Elizabeth)
July 13, 2022 Opinion or Order Filing 23 AFFIDAVIT by Brandace Jarreau Rosevelt: Hopper (Attachments: #1 Envelope)(Document Originally Received by D/SC District Judge Donald Coggins' Office and forwarded to W/NC)(brl)
July 12, 2022 Opinion or Order Filing 22 NOTICE of Appearance by Jeremy David Lindsley on behalf of State of NC (Lindsley, Jeremy)
July 12, 2022 Opinion or Order Filing 21 ROSEBORO ORDER Setting Response Deadline re: #17 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(5), & 12(b)(6). Responses due by 8/12/2022. Signed by Magistrate Judge Kevin F. McDonald on 7/12/2022. (Pro se litigant served by US Mail.)(ef)
July 11, 2022 Opinion or Order Filing 20 MEMORANDUM in Support re #19 MOTION to Remand to State Court (Mecklenburg Co. 22 SP 268) by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. (Bunda, Jeffrey)
July 11, 2022 Opinion or Order Filing 19 MOTION to Remand to State Court (Mecklenburg Co. 22 SP 268) by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. Responses due by 7/25/2022 (Bunda, Jeffrey). Motions referred to Kevin McDonald.
July 11, 2022 Opinion or Order Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(5), & 12(b)(6) by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. (Attachments: #1 Exhibit Notice of Trial de Novo & Individual Surety filed by Plaintiff, #2 Exhibit June 28, 2022 Upset Bid)(Bunda, Jeffrey)
July 11, 2022 Opinion or Order Filing 17 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(5), & 12(b)(6) by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. Responses due by 7/25/2022 (Bunda, Jeffrey). Motions referred to Kevin McDonald.
July 11, 2022 Opinion or Order TEXT-ONLY ORDER: The Court has received Plaintiffs filings that were mailed to chambers on July 6, 2022. In the future, Plaintiff is directed to send all correspondence to the Clerks Office at 401 West Trade Street, Charlotte, North Carolina 28202, to ensure proper and timely docketing of Plaintiffs filings. Entered by District Judge Donald C Coggins, Jr. on 7/11/2022. (Pro se litigant served by US Mail.)(ef)
July 8, 2022 Opinion or Order Filing 16 REPORT OF MAGISTRATE JUDGE on #3 MOTION for Temporary Restraining Order MOTION for Permanent Injunction MOTION for Hearing filed by Brandace Jarreau Rosevelt: Hopper Objections to R&R due by 7/22/2022. Signed by Magistrate Judge Kevin F. McDonald on 7/8/2022. (Pro se litigant served by US Mail.)(ef) Modified text on 7/8/2022 (ef).
July 8, 2022 Opinion or Order TEXT-ONLY ORDER denying #12 motion to strike and #14 motion to strike. Entered by Magistrate Judge Kevin F. McDonald on 7/8/2022. (Pro se litigant served by US Mail.)(ef) Modified text on 7/8/2022 (ef).
July 7, 2022 Opinion or Order Filing 15 RESPONSE in Opposition re #7 MOTION for Sanctions by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. (Bunda, Jeffrey)
July 6, 2022 Opinion or Order Filing 14 Pro Se MOTION to Strike #9 MOTION for Extension of Time to Answer re: 1 Complaint by Brandace Jarreau Rosevelt: Hopper. Responses due by 7/20/2022 (Attachments: #1 Exhibit F, #2 Envelope) (tlj)
July 6, 2022 Opinion or Order Filing 13 Pro Se MOTION for Default Judgment by Brandace Jarreau Rosevelt: Hopper. (Attachments: #1 Envelope) (tlj)
July 6, 2022 Opinion or Order Filing 11 ORDER Designating United States Magistrate Judge Kevin F. McDonald to hold court and perform any and all judicial duties designated under 28 U.S.C. Section 636, subsections (a), (b), and (c) in the Western District of North Carolina in the case stated herein, for such time as needed in advance to prepare and thereafter as required to complete unfinished business in the matter in the case of Brandace Jarreau Rosevelt Hopper v. State of North Carolina, et al, No. 3:22-cv-00259. Signed by Chief Judge Martin Reidinger on 07/06/2022. (Pro se litigant served by US Mail.)(thh)
July 5, 2022 Opinion or Order Filing 12 Pro Se MOTION to Strike #8 Response in Opposition, by Brandace Jarreau Rosevelt: Hopper. Responses due by 7/19/2022 (Attachments: #1 Exhibit E, #2 Envelope) (tlj)
July 5, 2022 Opinion or Order TEXT ONLY ORDER granting #9 Defendants' Motion for Extension of Time to Answer re: #1 Complaint. Lawrence W. Blake answer due 8/11/2022; Hilton Terry Hutchens answer due 8/11/2022; Hutchens Law Firm LLP answer due 8/11/2022; and Rocket Mortgage LLC answer due 8/11/2022. So Ordered. Entered by District Judge Donald C Coggins on 7/5/2022. (Pro se litigant served by US Mail.)(mga)
June 30, 2022 Opinion or Order Filing 10 FOURTH CIRCUIT'S NOTICE of Designation of Honorable Donald C. Coggins, Jr. of the United States District Court for the District of South Carolina, to hold a district court in the Western District of North Carolina in the cases stated herein, for such time as needed in advance to prepare and thereafter as required to complete unfinished business in the matter in the case of Brandace Jarreau Rosevelt Hopper v. State of North Carolina, et al, No. 3:22-cv-00259. (Attachments: #1 Cover Letter)(Pro se litigant served by US Mail.)(thh)
June 30, 2022 Opinion or Order Case reassigned to District Judge Donald C Coggins and Magistrate Judge Kevin McDonald. District Judge Kenneth D. Bell, Magistrate Judge David Keesler no longer assigned to the case. This is your only notice - you will not receive a separate document.(thh)
June 29, 2022 Opinion or Order Filing 9 MOTION for Extension of Time to Answer re: #1 Complaint by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. (Bunda, Jeffrey). Motions referred to David Keesler.
June 23, 2022 Opinion or Order Filing 8 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Permanent Injunction MOTION for Hearing by Lawrence W. Blake, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC. (Attachments: #1 Exhibit Foreclosure Order, #2 Exhibit Affidavit of Savannah Ron)(Bunda, Jeffrey)
June 22, 2022 Opinion or Order Filing 7 Pro Se Verified MOTION for 11.1 Million in Sanctions Pursuant to Rule 11, by Brandace Jarreau Rosevelt: Hopper. Responses due by 7/7/2022 (Attachments: #1 Envelope) (ef). Motions referred to David Keesler. Modified date filed on 6/23/2022 (ef).
June 17, 2022 Opinion or Order Filing 6 ORDER that Plaintiff Hopper has filed a pro se civil case in which a member of the court of the Western District of North Carolina is named as one of the defendants. The judges of this district have recused themselves from this action. Therefore, the Clerk of Court is to serve this order on the Circuit Executive for the Fourth Circuit for assignment to a visiting judge. Signed by Chief Judge Martin Reidinger on 6/17/2022. (Pro se litigant served by US Mail.) (ejb) (Main Document 6 replaced with correct .pdf on 6/17/2022). NEF Regenerated (ejb).
June 13, 2022 Opinion or Order Filing 5 Pro Se NOTICE of of Removal by Brandace Jarreau Rosevelt: Hopper (Attachments: #1 Attachment, #2 Envelope)(ef) Modified date filed on 6/15/2022 (ef).
June 13, 2022 Opinion or Order Filing 4 SUMMONS Returned Executed by Brandace Jarreau Rosevelt: Hopper. All Defendants served 6/10/2022, Answer Due Date 7/1/2022. (Attachments: #1 Attachment, #2 Envelope)(tlj)
June 9, 2022 Opinion or Order Filing 3 Pro Se MOTION for Temporary Restraining Order, MOTION for Permanent Injunction, MOTION for Hearing by Brandace Jarreau Rosevelt: Hopper. Responses due by 6/23/2022 (ef). Modified to remove referral on 6/9/2022 (mga).
June 9, 2022 Opinion or Order Filing 2 Summons Issued Conventionally as to Lawrence W. Blake, Elisa Chinn-Gary, Hilton Terry Hutchens, Hutchens Law Firm LLP, Rocket Mortgage LLC, State of NC, Frank D. Whitney. (ef)
June 9, 2022 Opinion or Order Filing 1 Pro Se COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number CHD071630), filed by Brandace Jarreau Rosevelt. (Attachments: #1 Notice of Removal)(ef)
June 9, 2022 Opinion or Order Clerk's Entry and Service of #Standing Order Requiring an Initial Settlement Conference in Civil Cases assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The order was served conventionally. The filing party is directed to serve a copy of the Order with service. (ef)
June 9, 2022 Opinion or Order Clerk's Entry and Service of #Case Assignment Packet. The document was served conventionally at case filing (ef)

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Search for this case: Rosevelt: Hopper v. State of NC et al
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Plaintiff: Brandace Jarreau Rosevelt: Hopper
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Defendant: State of NC
Represented By: Jeremy David Lindsley
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Defendant: Lawrence W. Blake doing business as Substitute Trustee Services Inc.
Represented By: Jeffrey Allen Bunda
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Defendant: Hutchens Law Firm LLP
Represented By: Jeffrey Allen Bunda
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Defendant: Frank D. Whitney
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Defendant: Hilton Terry Hutchens
Represented By: Jeffrey Allen Bunda
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Defendant: Rocket Mortgage LLC
Represented By: Jeffrey Allen Bunda
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Defendant: Elisa Chinn-Gary
Represented By: Elizabeth Curran O'Brien
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Defendant: Donald C. Coggins, Jr.
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