Young et al v. Midland Mortgage
| James C. Young and Tahnee R. Young |
| Midland Mortgage |
| 3:2023cv00119 |
| June 28, 2023 |
| US District Court for the District of North Dakota |
| Alice R Senechal |
| Peter D Welte |
| Real Property: Foreclosure |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 CERTIFICATE OF SERVICE by James C. Young and Tahnee R. Young re #19 MOTION for Default Judgment, #20 MOTION for Summary Judgment, and #21 MOTION for Hearing. (Attachments: #1 Mailing Envelope)(sc) |
| Filing 21 MOTION for Hearing re #19 MOTION for Default Judgment and #20 MOTION for Summary Judgment by James C. Young and Tahnee R. Young. (Attachments: #1 Mailing Envelope)(sc) |
| Filing 20 MOTION for Summary Judgment by James C. Young and Tahnee R. Young. (Attachments: #1 Notice of Motion for Summary Judgment, #2 Exhibit E: Qualified Written Request and Affidavit - 1/4/2023, #3 Exhibit F: Proof of Delivery for Qualified Written Request and Affidavit - 1/9/2023, #4 Exhibit G: Homeowners Protection Act Violations - 1/16/2023, #5 Exhibit H: Proof of Delivery of Homeowners Protection Act Violations - 1/24/2023, #6 Exhibit I: Notice of Fault and Opportunity to Cure Dishonor - 2/22/2023, #7 Exhibit J: Proof of Delivery for Notice of Fault and Opportunity to Cure Dishonor - 3/2/2023, #8 Exhibit K: Homeowners Protection Act Violations - 2/27/2023, #9 Exhibit L: Proof of Delivery for Homeowners Protection Violations - 3/2/2023, #10 Exhibit M: Affidavit of Final Default/Estoppel/Cancellation of Deed of Trust - 3/13/2023, #11 Exhibit N: Proof of Delivery for Affidavit of Final Default/Estoppel/Cancellation - 3/20/2023, #12 Exhibit O: Letter from Defendant Regarding Requests - 3/31/2023, #13 Exhibit P: Affidavit of James Young, #14 Exhibit Q: Affidavit of Tahnee Young, #15 Proposed Order, #16 Mailing Envelope)(sc) |
| Filing 19 MOTION for Default Judgment by James C. Young and Tahnee R. Young. (Attachments: #1 Notice of Motion for Default Judgment, #2 Exhibit A: Proof of Delivery for Initial Summons and Complaint - 3/21/2023, #3 Exhibit B: Proof of Delivery for Second Summons and Complaint - 5/8/2023, #4 Exhibit C: Proof of Delivery for Third Summons and Complaint - 6/26/2023, #5 Exhibit D: Notice of Assignment Form, #6 Exhibit P: Affidavit of James Young, #7 Exhibit Q: Affidavit of Tahnee Young, #8 Proposed Order)(sc) (Additional attachment(s) added on 8/17/2023: #9 Mailing Envelope) (sc). Modified to add attachment 9 on 8/17/2023. NEF regenerated (sc). |
Filing 18
ORDER by Magistrate Judge Alice R. Senechal finding as moot #13 Motion Request to Move Files from County District Court to Federal Court. (AS) Distributed on 8/16/2023 (sc).
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| Filing 17 NOTICE of Hearing: Bench Trial set for 3/26/2024 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (Trial Est. 1 Day). (AS) Distributed on 8/16/2023 (sc). |
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Filing 16
Order for Final Pretrial Conference and Trial Preparation Deadlines. Two business days prior to the Final Pretrial Conference, counsel must email the Final Pretrial Statement; Exhibit List and Witness List for each party; and Expert Reports to ndd_J-Senechal@ndd.uscourts.gov. Trial Memorandum due at least 7 days prior to trial. Deposition designations due at least 14 days prior to trial. Additional deposition designations by opposing parties due 7 days prior to trial. Objections to deposition designations due 4 days prior to trial. Jury Instructions due at least 7 days prior to trial. Motions in limine due 30 days prior to trial. Additional deadlines and details contained in the Order. by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 3/13/2024 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (AS) Distributed on 8/16/2023 (sc).
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Filing 15
SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 2/12/2024. Discovery Motions due by 2/26/2024. Plaintiff(s) Expert Witness Disclosures and Reports due by 10/12/2023. Defendant(s) Expert Witness Disclosures and Reports due by 12/7/2023. Any Rebuttal Expert Disclosures due by 1/11/2024. Discovery Depositions of Expert Witnesses due by 2/12/2024. Join Additional Parties due by 9/15/2023. Amended Pleadings due by 9/15/2023. Nondispositive Motions due by 9/15/2023. Dispositive Motions due by 2/15/2024. Mid-Discovery Status Conference set for 11/15/2023 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. Defendant shall initiate the call. The telephone number for chambers is 701-297-7070. (Attachments: #1 Discovery Guide). (AS) Distributed on 8/16/2023 (sc).
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| Filing 14 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 8/10/2023. (DR #230810-000.mp3 (JS Chambers Recorder)) (sj) |
| Filing 13 MOTION Request to Move Files from County District Court to Federal Court by James C. Young and Tahnee R. Young. (sc) |
| Set/Reset Hearings: Scheduling Conference set for 8/10/2023 at 09:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. NOTE: hearing is set for the same date and time as previously scheduled. This entry is for clerical correction only. (lf) |
| Filing 12 CONSENT/REASSIGNMENT FORM by Midland Mortgage. (pb) |
| Filing 11 SECOND NOTICE of Direct Assignment as to Midland Mortgage. Consent/Reassignment Form due by 7/24/2023. (pb) |
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Filing 10
(Text Only) ORDER REASSIGNING CASE to Chief Judge Peter D. Welte, as presiding judge, and Magistrate Judge Alice R. Senechal, as referral judge, for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Alice R. Senechal no longer assigned as presiding judge. (sj)
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| Filing 9 CONSENT/REASSIGNMENT FORM by Tahnee R. Young. (sj) |
| Filing 8 CONSENT/REASSIGNMENT FORM by James C. Young. (sj) |
| DOCKET CORRECTION re: #6 NOTICE of Direct Assignment. Duplicate pleading, see #2 . Clerk's Office restricted access to document. (sc) |
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Filing 7
ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 8/10/2023 at 09:00 AM before Magistrate Judge Alice R. Senechal. (AS) Distributed on 7/6/2023 (pb).
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| Filing 6 *RESTRICTED - DUPLICATE PLEADING FILED, SEE DOCUMENT #2 * NOTICE of Direct Assignment as to Midland Mortgage. Consent/Reassignment Form due by 7/20/2023. (sj) Modified to restrict access on 7/10/2023 (sc). |
| Filing 5 ANSWER to Complaint (Notice of Removal) by Midland Mortgage. (Nesbit, Zachary) |
| Filing 4 NOTICE of Direct Assignment as to Tahnee R. Young. Consent/Reassignment Form due by 7/13/2023. (mf) (Main Document 4 replaced on 6/30/2023 to correct Magistrate Judge) NEF Regenerated and re-distributed on 6/30/2023 on 6/30/2023 (mf) |
| Filing 3 NOTICE of Direct Assignment as to James C. Young. Consent/Reassignment Form due by 7/13/2023. (mf) (Main Document 3 replaced on 6/30/2023 to correct Magistrate Judge) NEF Regenerated and re-distributed on 6/30/2023 (mf) |
| Filing 2 NOTICE of Direct Assignment as to Midland Mortgage. Consent/Reassignment Form due by 7/12/2023. (sc) |
| Filing 1 NOTICE OF REMOVAL by Midland Mortgage from Cass County Court, case number 09-2023-CV-01770. Filing fee $ 402 receipt number 300000486 filed by Midland Mortgage. (Attachments: #1 Complaint Filed 5/2/2023, #2 Summons, #3 Affidavit of Service of Summons and Complaint, #4 Notice of Motion for Ex-Parte, #5 Ex Parte Motion, #6 Notice of Motion for Default Judgment, #7 Motion for Default Judgment, #8 Exhibit A: Proof of Delivery, #9 Exhibit B: Affidavit of James Young, #10 Exhibit C: Affidavit of Tahnee Young, #11 Notice of Hearing, #12 Notice of Filing, #13 Service of Motion, #14 Order Denying Motion for Injunction, Denying Motion for Default Judgment, and Requiring Proof of Valid Service of Process, #15 Complaint Filed 6/19/2023, #16 Civil Cover Sheet)(sc) |
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