JP Morgan Chase Bank, N.A. v. Chiappetta et al
Plaintiff: Washington Mutual Bank and JP Morgan Chase Bank, N.A.
Defendant: Patricia A. Chiappetta, John D. Chiappetta, Infinity Construction Co., Inc., Director of Transportation of The State of Ohio and United States Department of Justice
Petitioner: Jonathan Lee Riches doing business as Laurence John Layton
Intervenor: FirstMerit Bank, N.A. and American First Federal Inc.
Interested Party: Joseph McGrath
Case Number: 1:2007cv00683
Filed: March 8, 2007
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Benita Y Pearson
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on May 2, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2013 Opinion or Order Order [non-document] granting #287 Motion to dismiss Crossclaims with Prejudice. Judge Benita Y. Pearson on 5/2/2013.(JLG)
April 30, 2013 Filing 287 Motion to dismiss Crossclaims with Prejudice filed by Counter-Claimant American First Federal Inc.. Related document(s) #286 . (Bower, Amelia)
March 22, 2013 Opinion or Order Filing 286 Order of Case Dismissal.Defendant American First Federal, Inc.'s Crossclaim (ECF No. #55 ), Counterclaim (ECF No. #58 ), and Crossclaim (ECF No. #179 ); and Defendant Infinity Construction Company, Inc.'s Crossclaim (ECF No. #7 ) are dismissed without prejudice. Within 30 days, the parties may submit a proposed Judgment Entry setting forth different terms and conditions relative to their claims, including dismissing them with prejudice.The above-entitled action is hereby closed. Judge Benita Y. Pearson on 3/22/2013. (S,L)
March 22, 2013 Opinion or Order Filing 285 Order Plaintiff's Motion to Dismiss Solely as to Plaintiff's Claims Against Defendants John and Patricia Chiappetta (ECF No. #283 ) is granted. Plaintiff's Complaint (ECF No. #1 ) is dismissed with prejudice. Judge Benita Y. Pearson on 3/22/2013.(S,L)
March 14, 2013 Filing 284 Status Report filed by American First Federal Inc. (Bower, Amelia) Modified docket text on 3/15/2013 (BR,S).
March 11, 2013 Filing 283 Motion to dismiss Solely As To Plaintiff's Claims Against Defendants John and Patricia Chiappetta filed by Plaintiff JP Morgan Chase Bank, N.A.. (Gibson, Daniel)
March 4, 2013 Filing 282 Memorandum of Opinion and Order Adopting the Magistrate Judge's #274 Report and Recommendation. Plaintiff's Motion for Summary Judgment for a Finding of Default on the Note and a Decree in Foreclosure of the Mortgage (ECF No. #265 ) is granted. Defendants Patricia and John Chiappetta's Motion for Summary Judgment (ECF No. #266 ) is denied. Judge Benita Y. Pearson on 3/4/2013. (S,L)
March 4, 2013 Filing 281 Minute Order of Telephone Conference held on 3/4/13. Magistrate Judge Vecchiarelli. Time: 20 minutes (C,KA)
March 1, 2013 Filing 280 Response to Order to Show Cause filed by Infinity Construction Co., Inc.. Related document(s) #279 . (Haymond, Daniel)
February 25, 2013 Opinion or Order Filing 279 Order to Show Cause. Counsel for Infinity shall show cause by 3/1/2013 for failure to appear at the 2/22/2013 telephone conference. Counsel for Infinity is informed that failure to appear at the 3/4/2013 telephone conference could result in the dismissal of Infinity's claims for failure to prosecute. Magistrate Judge Nancy A. Vecchiarelli on 2/25/2013. (G,W)
February 25, 2013 Filing 278 Notice of Status Conference set for 3/4/2013 at 10:00 AM to be held telephonically before Magistrate Judge Nancy A. Vecchiarelli. The Court will host the conference call. Counsel shall use the conferencing instructions previously provided by the Court. Counsel shall be prepared to discuss whether all defendants/cross/counter-claimants will stipulate to the dismissal of all claims or how the case should proceed. (G,W)
February 25, 2013 Filing 277 Minute Order of Status Conference held on 2/22/2013. Counsel for Infinity did not participate. Plaintiff and Defendants Chiappetta indicated that they have agreed to a loan modification that will likely result in the dismissal of Plaintiff's claims against the Chiappettas. The Court informed the parties that any dismissal would be with prejudice. Parties to confer regarding the resolution of the cross and counter claims that would remain pending against the Chiappettas. Counsel for the Chiappettas to contact counsel for Infinity regarding the telephone conference. Telephone conference set for 3/4/2013 at 10:00 AM. Parties to discuss whether all defendants/cross/counter-claimants will stipulate to the dismissal of all claims in the case or how the case shall proceed. Magistrate Judge Nancy A. Vecchiarelli on 2/25/2013. Time: 30 Minutes(G,W)
February 20, 2013 Filing 276 Notice of Status Conference set for 2/22/2013 at 11:00 AM to be held telephonically before Magistrate Judge Nancy A. Vecchiarelli. Counsel for all parties, including all defendants and cross-claimants shall participate. The Court will host the conference call and inform counsel by way of separate email of the conferencing details. (G,W)
February 18, 2013 Filing 275 Settlement Notice filed by John D. Chiappetta, Patricia A. Chiappetta. (Doberdruk, Grace)
February 4, 2013 Filing 274 Report and Recommendation that #265 JP Morgan's Motion for summary judgment be granted and that #266 Defendants' Motion for summary judgment be denied. Objections to R&R due by 2/18/2013. Magistrate Judge Nancy A. Vecchiarelli on 2/4/2013. (G,W)
February 4, 2013 Filing 273 Transcript of Hearing held on February 15, 2011 before Magistrate Judge Nancy A. Vecchiarelli. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [85 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/11/2013. Redaction Request due 2/25/2013. Redacted Transcript Deadline set for 3/7/2013. Release of Transcript Restriction set for 5/6/2013. (S,G)
December 27, 2012 Filing 272 Reply to response to #266 Motion for summary judgment filed by John D. Chiappetta, Patricia A. Chiappetta. (Doberdruk, Grace)
December 26, 2012 Filing 271 Reply to response to #204 Motion for summary judgment filed by All Plaintiffs. (Reid, Nelson)
December 12, 2012 Filing 270 Opposition to #266 Motion for summary judgment Plaintiff's Memorandum in Opposition to Motion for Summary Judgment of Defendants Patricia and John Chiappetta filed by JP Morgan Chase Bank, N.A.. (Reid, Nelson)
December 12, 2012 Filing 269 Notice of Appearance of Co-Counsel filed by JP Morgan Chase Bank, N.A.. (Reid, Nelson)
December 10, 2012 Filing 268 Opposition to #265 Motion for summary judgment for a Finding of Default on the Note and a Decree in Foreclosure of the Mortgage filed by John D. Chiappetta, Patricia A. Chiappetta. (Attachments: #1 Affidavit John Chiappetta)(Doberdruk, Grace)
December 7, 2012 Filing 267 Notice of Disqualification filed by John D. Chiappetta, Patricia A. Chiappetta. (Dann, Marc)
November 12, 2012 Filing 266 Motion for summary judgment filed by John D. Chiappetta, John D. Chiappetta, John D. Chiappetta, Patricia A. Chiappetta, Patricia A. Chiappetta, Patricia A. Chiappetta, John D. Chiappetta, Patricia A. Chiappetta. (Attachments: #1 Affidavit John Chiappetta)(Doberdruk, Grace)
November 8, 2012 Filing 265 Motion for summary judgment for a Finding of Default on the Note and a Decree in Foreclosure of the Mortgage filed by Plaintiff JP Morgan Chase Bank, N.A.. (Attachments: #1 Proposed Order)(Williams, Kevin)
October 11, 2012 Filing 264 Minute Order of In Chambers Conference held on 10/11/2012. Any cross-claimant wishing to proceed to foreclosure should file the appropriate motions or their cross-claims will be dismissed. Plaintiff and any cross-claimant wishing to proceed in foreclosure shall file their motions for judgment and/or for foreclosure by 11/12/2012; Any other dispositive motions shall be filed by 11/12/2012; Responses shall be filed within 30 days thereafter, on or before 12/12/2012; Replies shall be filed within 15 days thereafter, on or before 12/27/2012. Parties are expected to meet these deadlines and counsel should not expect the Court to grant extension of time for the filing of the motions, responses or replies. Magistrate Judge Nancy A. Vecchiarelli on 10/11/2012. Time: 20 Minutes (Attachments: #1 Attendees)(G,W)
October 9, 2012 Filing 263 Notice of Substitution of Counsel removing attorney Melanie Cornelius, Kenneth Boukis, Jack S. Curtis, and William T. Hohmann and adding attorney Patricia D. Lazich filed by on behalf of Director of Transportation of The State of Ohio. (Lazich, Patricia)
October 5, 2012 Filing 262 Proposed Order Scheduling Order filed by JP Morgan Chase Bank, N.A.. Related document(s) #260 . (Williams, Kevin)
September 26, 2012 Filing 261 Notice of In Chambers Conference set for 10/11/2012 at 09:30 AM in Chambers 10B before Magistrate Judge Nancy A. Vecchiarelli. Lead counsel for each party must attend. The parties should be prepared to discuss the issues set forth in #260 this Court's minute order. (G,W)
September 26, 2012 Filing 260 Minute Order of Telephone Conference held on 9/25/2012. Parties to consult and confer regarding the outstanding issues in the case and regarding how the case should proceed. Joint scheduling plan due by COB on 10/05/2012. In Chambers conference set for 10/11/2012 at 9:30 AM; Mr.Elder is excused as long as Kevin L. Williams attends on behalf of J.P. Morgan Chase Bank; Melanie Cornelius, counsel for the Director of Transportation, notice of appearance due by 9/28/2012; notice and order to follow. Magistrate Judge Nancy A. Vecchiarelli on 9/26/2012. Time: 15 Minutes (G,W)
September 26, 2012 Filing 259 Attorney Appearance by Melanie Cornelius filed by on behalf of Director of Transportation of The State of Ohio. (Cornelius, Melanie)
September 25, 2012 IMPORTANT: Notice [non-document] of Telephone Conference set for 9/25/2012 at 02:30 PM to be held telephonically before Magistrate Judge Nancy A. Vecchiarelli. The court will host the conference call and inform counsel by way of separate email of the conferencing details. Counsel are to call into the conference line promptly at 2:30 PM Cellular telephones or other mobile devices are not an acceptable means of conferencing with this Court. (G,W)
September 21, 2012 Filing 258 Memorandum Opinion and Order Defendant American First Federal, Inc.'s Motion for Summary Judgment (ECF No. #201 ) is denied. Defendant Infinity Construction Company, Inc.'s Brief in Support of Lien Validity and Priority (ECF No. #203 ), treated as a Motion for Summary Judgment, is granted as it relates to the lienholders other than Plaintiff JP Morgan Chase Bank, N.A. Plaintiff JP Morgan Chase Bank, N.A.'s Motion for Summary Judgment as to Lien Priority (ECF No. #204 ) is granted. Plaintiff JP Morgan Chase Bank, N.A. is entitled to a judgment as a matter of law that it possesses the first priority lien on the Property that is the subject of this foreclosure action. Defendant Infinity Construction Company, Inc. has second lien priority. Defendant State of Ohio Department of Transportation has third lien priority on the Property. Defendant United States Department of Justice has fourth lien priority. The parties shall contact the Magistrate Judge's Courtroom Deputy Clerk, Wanda Golden, at (216) 357-7130, within 3 days after the date of entry of the within ruling and provide a date and time suitable for a telephone conference to address how the parties wish to proceed in this case. See Order (ECF No. #251 ). Judge Benita Y. Pearson on 9/21/2012. (S,L)
December 6, 2011 Filing 257 Response to Objections of American First Federal, Inc. and John Chiappetta to Magistrate's Report and Recommendation filed by JP Morgan Chase Bank, N.A.. (Polly-Murphy, Michelle)
November 22, 2011 Filing 256 Objection to Report and Recommendation filed by John D. Chiappetta. Related document(s) #250 . (Doberdruk, Grace)
November 22, 2011 Filing 255 Objection to Report and Recommendation filed by American First Federal Inc.. Related document(s) #250 . (Attachments: #1 Exhibit Cuyahoga County Docket) (Bower, Amelia)
November 17, 2011 Opinion or Order Filing 254 Order granting #252 Plaintiff JP Morgan's Motion to Change Case Caption to reflect that JP Morgan is the plaintiff. Magistrate Judge Nancy A. Vecchiarelli on 11/17/2011. (G,W)
November 14, 2011 Filing 253 Opposition to #252 Motion to Change Case Caption on Docket filed by John D. Chiappetta. (Doberdruk, Grace)
November 10, 2011 Filing 252 Motion to Change Case Caption on Docket filed by Plaintiff JP Morgan Chase Bank, N.A.. (Attachments: #1 Proposed Order)(Williams, Kevin)
November 9, 2011 Opinion or Order Filing 251 Order re #250 Report and Recommendation. The parties shall contact the Magistrate Judge's Courtroom deputy within 3 days after the Report and Recommendation is ruled upon and provide a date/time for a telephone conference to address how the parties wish to proceed in the case. Magistrate Judge Nancy A. Vecchiarelli on 11/9/2011. (G,W)
November 8, 2011 Filing 250 Report and Recommendation that JP Morgan's motion for summary judgment should be granted; American's motion for summary judgment should be denied, and Infinity's motion for summary judgment should be granted as it relates to the lien holders other than JP Morgan. Therefore, Infinity should have second lien priority on the Property, ODOT should have third lien priority, and the USDJ should have fourth lien priority. Objections to R&R due by 11/22/2011. Magistrate Judge Nancy A. Vecchiarelli on 11/08/2011. (Related documents #201 , #203 , #204 ) (G,W)
October 20, 2011 Filing 249 Reply to response to #204 Motion for summary judgment filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Williams, Kevin)
October 20, 2011 Filing 248 Notice of Filing of Supplemental Affidavit filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Williams, Kevin)
October 12, 2011 Filing 247 Affidavit/Declaration filed by John D. Chiappetta. Related document(s) #245 . (Attachments: #1 Affidavit John Chiappetta)(Doberdruk, Grace)
October 11, 2011 Opinion or Order Filing 246 Order re #245 Opposition filed by John D. Chiappetta. JP Morgan's reply due 10/20/2011 and shall address among other issues John Chiappetta's argument regarding alleged notice requirements set forth in the promissory note and mortgage at issue in this case. Magistrate Judge Nancy A. Vecchiarelli on 10/11/2011. (G,W)
October 6, 2011 Filing 245 Opposition to #204 JP Morgan Case Bank, N.A.'s Motion for summary judgment filed by John D. Chiappetta. (Doberdruk, Grace) Modified docket text on 10/7/2011 (BR,S).
September 30, 2011 Filing 244 Reply to response to #201 Motion for summary judgment of John Chiappetta filed by American First Federal Inc.. (Attachments: #1 Exhibit A Complaint and Order, #2 Exhibit B Answer)(Bower, Amelia)
September 30, 2011 Filing 243 Notice that Documents No. 242 is Withdrawn filed by American First Federal Inc.. Related document(s) #242 .(Bower, Amelia)
September 29, 2011 Filing 242 Response filed by American First Federal Inc. Related document(s) #240 . (Attachments: #1 Exhibit Affidavit of Eric Bovee, #2 Exhibit Transcript of Proceedings) (Bower, Amelia) Modified docket text on 9/30/2011 (BR,S).
September 29, 2011 Filing 241 Notice of Service of Response to Defendant's Request for Interrogatories and Production of Documents filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit A)(Williams, Kevin)
September 23, 2011 Filing 240 Opposition to #201 Motion for summary judgment filed by John D. Chiappetta. (Doberdruk, Grace)
September 23, 2011 Filing 239 Opposition to #201 Motion for summary judgment filed by John D. Chiappetta. (Doberdruk, Grace)
September 23, 2011 Opinion or Order Filing 238 Order re #237 John Chiappetta's Unsigned Memorandum. John Chiappetta shall re-file an electronically signed Memorandum immediately, within 24 hours. A failure to do so may result in John Chiappetta being precluded from filing his Memorandum. Magistrate Judge Nancy A. Vecchiarelli on 9/23/2011. (G,W)
September 22, 2011 Filing 237 Unsigned. Filer Notified. Opposition to #201 Motion for summary judgment filed by John D. Chiappetta. (Doberdruk, Grace) Modified text on 9/23/2011 (JLG).
September 15, 2011 Opinion or Order Filing 236 Order granting in part and denying in part #234 Defendant John Chiappetta's Motion for an extension of time. John Chiappetta's response to JP Morgan's motion for summary judgment due by 10/6/2011. John Chiappetta's response to other pending claims and/or motion for summary judgment due by 9/22/2011. Magistrate Judge Nancy A. Vecchiarelli on 9/15/2011. (G,W)
September 15, 2011 Filing 235 Minutes of proceedings before Magistrate Judge Nancy A. Vecchiarelli. Telephone Conference held on 9/15/2011 regarding Defendant John Chiapetta's motion for an extension of time. Order to follow. (Court Reporter: H. Geizer.) Time: 30 Minutes. (G,W)
September 13, 2011 Notice [non-document] of Telephone Conference to discuss outstanding discovery set for 9/15/2011 at 09:30 AM before Magistrate Judge Nancy A. Vecchiarelli. Only counsel for plaintiff JP Morgan and Defendant John Chiapetta are required to participate in the telephone conference. Other counsel may participate if they wish to do so. The Court will host the call. Conferencing instructions to follow by way of separate email. (G,W) Text Modified on 9/13/2011 (G,W).
September 9, 2011 Filing 234 Motion for extension of time to respond to pending motions for summary judgment and lien priority until 10/9/2011 filed by John D. Chiappetta. Related document(s) #204 , #201 . (Doberdruk, Grace) Modified text on 9/12/2011 (JLG).
June 8, 2011 Filing 233 Attorney Appearance by Marc E. Dann filed by on behalf of All Defendants. (Dann, Marc)
May 31, 2011 Filing 232 Memorandum Opinion and Order: The Court adopts Magistrate Judge Vecchiarelli's #223 Report and Recommendation. Defendant Patricia Chiappetta's #149 Motion for Leave to Amend Answer, Instanter is denied. Judge Benita Y. Pearson on 5/31/2011. (S,L)
May 20, 2011 Filing 231 Opposition to #204 Motion for summary judgment filed by Patricia A. Chiappetta. (Attachments: #1 Exhibit A - Documents from Office of Thrift Supervision)(K,K)
May 20, 2011 Filing 230 Opposition to #201 Motion for summary judgment filed by Patricia A. Chiappetta. (Attachments: #1 Exhibit 1 - Certificate of Judgment, #2 Exhibit 2 - 3 County Case Summary)(K,K)
May 13, 2011 Opinion or Order Filing 229 Order granting in part and denying in part #195 Defendants' Joint Motion for Reconsideration and/or Relief from Judgment and in the Alternative Motion for Delay of Consideration of Summary Judgment in Order to Conduct Discovery, Instanter for the reasons set forth within. Signed by Magistrate Judge Nancy A. Vecchiarelli on 5/13/2011.(B,IE)
May 13, 2011 Copy of #229 Order mailed to Patricia A. Chiappetta and John D. Chiappetta at 25608 Chardon Road, Richmond Heights, OH 44143 on 5/16/2011. (B,IE)
May 12, 2011 Filing 228 Minutes of proceedings before Magistrate Judge Nancy A. Vecchiarelli. The Court held a scheduling conference/motion hearing on Thursday, May 12, 2011, at 10:30 a.m. to address John Chiappetta's and Patricia Chiappetta's motion for a hearing, discovery, and new case management schedule (Doc. #195 ), and their practice of filing joint motions. The proceedings were placed on the record. The Court announced its rulings on the subjects of the hearing from the bench, and those rulings are contained in the Order issued by this Court on this day. (Court Reporter: ECRO - S.Romito.) Time: 1 hour, 10 minutes. (Attachments: #1 Sign In Sheet) (B,IE)
May 11, 2011 Filing 227 Attorney Appearance by Kyle E. Timken filed by on behalf of JP Morgan Chase Bank, N.A.. (Timken, Kyle)
May 11, 2011 Opinion or Order Filing 226 Order denying as moot Washington Mutual's #108 Motion for summary judgment and JP Morgan's #147 Motion to strike. Judge Benita Y. Pearson on 5/11/2011.(S,L)
May 10, 2011 Opinion or Order Filing 225 Order granting #224 JP Morgan's Motion to attend the scheduling conference/motion hearing by telephone. Magistrate Judge Nancy A. Vecchiarelli on 5/10/2011. (Related Doc #224 ) (G,W)
May 10, 2011 Copy of #225 Order on Motion mailed to Patricia A. Chiapetta, John D. Chiapetta individually at 25608 Chardon Road, Richmond Heights, OH 44143 on 5/10/2011. Related document(s) #225 . (G,W)
May 9, 2011 Filing 224 Motion for Order to Appear Telephonically filed by Plaintiff JP Morgan Chase Bank, N.A.. (Attachments: #1 Proposed Order)(Williams, Kevin)
May 9, 2011 Filing 223 Report and Recommendation that #149 Defendant Patricia Chiappetta's Motion for Leave to Amend Answer, Instanter be denied. Objections to R&R due by 5/23/2011. Magistrate Judge Nancy A. Vecchiarelli on 5/9/2011. (B,IE)
May 6, 2011 Filing 222 Memorandum Opinion and Order re #206 Order denying #199 McGrath's Motion for leave and #213 Objection to the Magistrate's order denying his motion to intervene and Motion for reconsideration and/or relief from judgment, instanter. Magistrate Judge Vecchiarelli's ruling denying proposed intervenor Joseph McGrath's participation in the instant case has been converted to a Report and Recommendation. Proposed Intervenor Joseph McGrath's objection to the Report and Recommendation is overruled and the Report and Recommendation is adopted. Judge Benita Y. Pearson on 5/6/2011. (JLG)
May 6, 2011 Filing 221 Memorandum Opinion and Order denying #165 Motion for relief filed by John D. Chiappetta and #166 Motion for relief filed by Patricia A. Chiappetta, and finding the issue of whether Patricia Chiappetta consented to the jurisdiction of the former magistrate judge is moot because those rulings have been vacated, and the balance of the Chiappetta's motions to "vacate and/or set aside" is denied as moot and/or presenting no basis for an independent ruling or reconsideration, given the Court's prior ruling. Related document #193 . Judge Benita Y. Pearson on 5/6/2011. (JLG)
May 6, 2011 Filing 220 Amended Memorandum in Opposition to Infinity Construction Company's Breif in Support of Lien Validity and Priority filed by American First Federal Inc.. Related document(s) #219 . (Davis, April)
May 5, 2011 Filing 219 Memorandum of JP Morgan Chase Bank to the Brief of Infinity Construction Company in Support of Lien Validity and Priority filed by American First Federal Inc. Related document(s) #203 . (Davis, April)
May 5, 2011 Filing 218 Amended Response to the Motion for Summary Judgment as to Lien Priority of JP Morgan Chase Bank filed by American First Federal Inc. Related document(s) #216 . (Davis, April)
May 5, 2011 Filing 217 Opposition to #201 Motion for summary judgment by American First Federal and Infinity Construction Company, Inc.'s Brief in Support of Lien Validity and Priority filed by JP Morgan Chase Bank, N.A. (Attachments: #1 Exhibit)(Polly-Murphy, Michelle)
May 5, 2011 Filing 216 Memorandum in Opposition to Plaintiff' JP Morgan Chase Bank NA's Motion for Summary Judgment as to Lien Priority filed by American First Federal Inc. Related document(s) #204 . (Davis, April)
May 5, 2011 Filing 215 Attorney Appearance by April O. Davis filed by on behalf of American First Federal Inc. (Davis, April)
May 3, 2011 Filing 214 Marginal Entry Order granting in part and denying in part #212 Defendant John Chiappetta's Motion to continue the scheduling conference/motion hearing. Scheduling Conference/Motion Hearing RESET for 5/12/2011 at 10:30 AM in Chambers 480 before Magistrate Judge Nancy A. Vecchiarelli. Magistrate Judge Nancy A. Vecchiarelli on 5/3/2011. (G,W)
May 3, 2011 Filing 213 Objection to the Magistrate's order denying his motion to intervene and Motion for reconsideration and/or relief from judgment, instanter filed by Interested Party Joseph McGrath. (Attachments: #1 Crossclaim)Related document(s) #206 )(B,B)
May 3, 2011 Copy of #214 Order on Motion to continue,mailed to John D. Chiappetta and Patricia A. Chiappetta 25608 Chardon Road, Richmond Hts., OH 44143 on 5/3/2011. Related document(s) #214 . (G,W)
May 2, 2011 Filing 212 Motion to temporarily postpone the scheduling conference/motion hearing on 5/10/2011 for 30 days due to unexpected but necessary eye surgery, instanter filed by Defendant John D. Chiappetta. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(B,B)
April 27, 2011 Opinion or Order Filing 211 Order striking #210 McGrath's Motion to strike. This Court did not grant McGrath leave to intervene. Magistrate Judge Nancy A. Vecchiarelli on 4/26/2011. (Related Doc #210 ) (G,W)
April 27, 2011 Copy of #211 Order on Motion to strike mailed to John D. Chiappetta,Patricia A. Chiappetta at 25608 Chardon Road, Richmond Heights, OH on 4/27/2011. Related document(s) #211 . (G,W)
April 25, 2011 Filing 210 STRICKEN Motion to strike Infinity Construction's brief in support of lien validity and priority and JP Morgan Chase, American First Federal, Inc.'s motions for summary judgment for failure to serve the intervening defendant filed by Interested Party Joseph McGrath. (B,B) Text Modified on 4/27/2011 (G,W).
April 22, 2011 Filing 209 Notice of Scheduling Conference/Motion Hearing set for 5/10/2011 at 09:30 AM in Chambers 480, Akron, OH before Magistrate Judge Nancy A. Vecchiarelli. (G,W)
April 22, 2011 Filing 208 Notice and Order. Defendants John Chiappetta and Patricia Chiappetta shall be served by regular mail and all pleadings shall include a certificate of service indicating that John Chiappetta and Patricia Chiappetta have been served by regular mail. Magistrate Judge Nancy A. Vecchiarelli on 4/22/2011. (G,W)
April 22, 2011 Opinion or Order Filing 207 Order denying Motion to strike (Related Doc #202 ); granting #202 Motion for leave to file a joint response to JP Morgan Chases Reply Brief. John and Patricia shall file their joint response within 14 days, due on or before 5/6/2011. Magistrate Judge Nancy A. Vecchiarelli on 4/22/2011. (G,W)
April 22, 2011 Opinion or Order Filing 206 Order denying #199 McGrath's Motion for leave. Magistrate Judge Nancy A. Vecchiarelli on 4/22/2011. (G,W)
April 22, 2011 Copy of #206 Order on Motion for extension of time, Order on Motion for leave mailed to John D. Chiappetta, Patricia A. Chiappetta, 25608 Chardon Road and Joseph McGrath, 8216 Mayfield Road on 4/22/2011. Related document(s) #206 . (G,W)
April 22, 2011 Copy of #209 Notice of Hearing or Conference, #208 Order, #207 Order on Motion to strike, Order on Motion for extension of time, mailed to John D. Chiappetta, Patricia A. Chiappetta at 25608 Chardon Road on 4/22/2011. Related document(s) #209 , #208 , #207 . (G,W)
April 14, 2011 Filing 205 Notice of Certificate of Compliance with L.R. 7.1(f) filed by JP Morgan Chase Bank, N.A.. Related document(s) #204 .(Polly-Murphy, Michelle)
April 14, 2011 Filing 204 Motion for summary judgment filed by Plaintiff JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit, #2 Exhibit)(Polly-Murphy, Michelle)
April 14, 2011 Filing 203 Brief in Support of Lien Validity and Priority filed by Infinity Construction Co., Inc.. (Haymond, Daniel)
April 14, 2011 Filing 202 Motion to strike Plaintiff JP Morgan's reply brief for failure to serve pro se defendants with a paper copy by mail and/or in alternative leave to file their reply after the scheduling order required date, instanter filed by John D. Chiappetta, Patricia A. Chiappetta. (Attachments: #1 Merit Affidavit of John Chiappetta, #2 Merit Affidavit of Patricia Chiappetta)(B,B)
April 13, 2011 Filing 201 Motion for summary judgment filed by Counter-Defendant American First Federal Inc.. (Attachments: #1 Exhibit case, #2 Exhibit case)(Bower, Amelia)
April 11, 2011 Filing 200 Opposition to #195 Motion for reconsiderationMotion for Dealy of Consideration of Summary Judgment in order to conduct discovery, instanter filed by JP Morgan Chase Bank, N.A.. (Williams, Kevin)
April 8, 2011 Filing 199 Motion for leave to intervene and join defendant and for a 45 day extension of time to file crossclaim instanter filed by Interested Party Joseph McGrath. (B,B)
April 4, 2011 Opinion or Order Filing 198 Order re #195 Motion for reconsideration and/or Relief from Judgment and in the Alternative Motion for Delay of Consideration of Summary Judgment in order to conduct discovery, instanter filed by John D. Chiappetta, Patricia A. Chiappetta. Any opposition/response to this Motion shall be filed on or before 4/11/2011. Magistrate Judge Nancy A. Vecchiarelli on 4/4/2011. (G,W)
April 4, 2011 Copy of #198 Order, mailed to John D. Chiappetta on 4/4/2011. Related document(s) #198 . (G,W)
April 4, 2011 Copy of #198 Order, mailed to Patricia A. Chiappetta on 4/4/2011. Related document(s) #198 . (G,W)
April 1, 2011 Opinion or Order Order [non-document] moot #130 Motion to stay; moot #131 Motion to stay, Motion for order. See #180 Minute Order issued on 2/22/2011. Magistrate Judge Nancy A. Vecchiarelli on 4/1/2011. (G,W)
March 31, 2011 Filing 197 ERROR, MINUTES FILED IN WRONG CASE. Minutes of proceedings before Magistrate Judge Nancy A. Vecchiarelli. Case Management Conference held on 3/31/2011. CMC order to follow. (Court Reporter: N/A.) Time: 1 Hour 30 Minutes. (Attachments: #1 Attendance) (G,W) Modified on 4/1/2011 (G,W).
March 31, 2011 Filing 196 Reply Brief filed by JP Morgan Chase Bank, N.A.. Related document(s) #194 . (Williams, Kevin)
March 28, 2011 Filing 195 Motion for reconsideration and/or relief from judgment and in the Alternative Motion for Delay of Consideration of Summary Judgment in order to conduct discovery, instanter filed by John D. Chiappetta, Patricia A. Chiappetta. Related document #193 . (K,K)
March 17, 2011 Filing 194 Brief in opposition challenging JP Morgan Chase Bank status as the proper plainitiff and holder of the note and mortgage and their lack of standing to sue filed by John D. Chiappetta, Patricia A. Chiappetta. (E,P)
March 15, 2011 Opinion or Order Filing 193 Memorandum Opinion and Order The Court hereby overrules the objection; accepts the recommendation of Magistrate Judge Vecchiarelli (ECF No. #183 ; vacates the ruling issued by Magistrate Judge James S. Gallas; and returns the matter to Magistrate Judge Nancy A. Vecchiarelli for reconsideration. Accordingly, the motion for extension of time (ECF No. #190 ) is denied, without prejudice to the Chiappetta's to seek from Magistrate Judge Nancy A. Vecchiarelli an opportunity to more fully brief the matter. Judge Benita Y. Pearson on 3/15/2011. (S,L)
March 15, 2011 Copy of #193 Memorandum Opinion and Order mailed to John Chiappetta, Patricia Chiappetta and Steven Elder on 3/15/2011. (S,L)
March 7, 2011 Filing 192 Answer with jury demand to Crossclaim of American First Federal, Inc. filed by John D. Chiappetta. (Related doc #179 ) (B,B)
March 7, 2011 Filing 191 Answer to Complaint with Jury Demand filed by John D. Chiappetta.(Related doc #1 ) (B,B)
March 7, 2011 Filing 190 Motion for extension of time until 4/30/2011 to file challenges to Plaintiff JP Morgan Chase Bank status as the proper holder of the note and mortgage, instanter filed by John D. Chiappetta, Patricia A. Chiappetta. (B,B)
March 1, 2011 Filing 189 Amended Answer with jury demand to Crossclaim of American First Federal, Inc. filed by Patricia A. Chiappetta. (Related doc #179 )(B,B) Modified on 3/2/2011 (BR,S).
February 28, 2011 Filing 188 Return of Service by Clerk by personal service executed upon John D. Chiappetta on 2/15/2011, filed on behalf of Washington Mutual Bank (Williams, Kevin)
February 28, 2011 Filing 187 Answerof the United States of America to Cross-Claim of Defendant Infinity Construction Co. Inc. filed by United States Department of Justice. Related document(s) #7 . (Primes, Marlon)
February 28, 2011 Filing 186 Answer with jury demand to Crossclaim of Infinity Construction Co. filed by Patricia A. Chiappetta.(Related doc #7 ) (B,B)
February 28, 2011 Filing 185 Answer with jury demand to Crossclaim of Infinity Construction Co. filed by John D. Chiappetta.(Related doc #7 ) (B,B)
February 28, 2011 Filing 184 Answer with jury demand to Crossclaim of First Federal, Inc. filed by Patricia A. Chiappetta.(Related doc #55 ) (B,B)
February 23, 2011 Filing 183 Report and Recommendation that Magistrate Judge Gallas's 9/19/2008 ruling on WaMu's Motion for Partial Summary Judgment be returned to Magistrate Judge Vecchiarelli for reconsideration. Objections to R&R due within 14 days after the party objecting has been served with a copy of this Report and Recommendation. Magistrate Judge Nancy A. Vecchiarelli on 2/22/2011. (Related documents #62 , #61 ) (G,W)
February 23, 2011 Opinion or Order Filing 182 Order. As Mr. Riches is neither a party, nor counsel for any party, Mr. Riches shall be terminated from the docket. Jonathan Lee Riches terminated. Magistrate Judge Nancy A. Vecchiarelli on 2/22/2011. (G,W)
February 23, 2011 Copy of #181 Order, #180 Minute Order _ Hearing/Status Conference, #183 Report and Recommendation, #182 Order, Terminate Parties mailed to John D. Chiappetta, Patricia A. Chiappetta on 2/23/2011. Related document(s) #181 , #180 , #183 , #182 . (G,W)
February 23, 2011 Opinion or Order Order [non-document] granting #150 Motion for leave to Answer. Magistrate Judge Nancy A. Vecchiarelli on 2/23/2010. (Related Doc #150 ) (G,W)
February 22, 2011 Opinion or Order Filing 181 Scheduling Order. Various deadlines set as indicated in the order. Magistrate Judge Nancy A. Vecchiarelli on 2/23/2011. (Related document #180 Minute Order) (G,W)
February 22, 2011 Filing 180 Minute Order of Hearing/Status Conference held on 2/15/2011. Parties agreed to a scheduling order. Various Court orders and other matters as indicated in the Minute Order. Magistrate Judge Nancy A. Vecchiarelli on 2/22/2011. Time: 4 Hours (Attachments: #1 Attendance)(G,W) Links added on 3/17/2011 (G,W). (Related documents #54 , #57 , #61 , #62 , #93 , #114 , #118 , #120 , #123 , #129 , #130 , #131 , #133 , #137 , #138 , #140 , #150 , #151 , #152 , #153 , #156 , #159 , #163 , #165 , #166 , #178 )
February 18, 2011 Filing 179 Crossclaim of American First Federal, Inc. against John D. Chiappetta, Patricia A. Chiappetta. Filed by American First Federal Inc.. (Bower, Amelia)
February 15, 2011 Filing 178 Address Change Notice filed by John D. Chiappetta. (B,B)
February 3, 2011 Filing 177 Joint Motion to attend Status Conference by telephone filed by Intervenor American First Federal Inc., Plaintiff JP Morgan Chase Bank, N.A.. (Polly-Murphy, Michelle)
February 3, 2011 Opinion or Order Order [non-document] denying joint Motion to attend Status Conference by telephone (Related Doc #177 ). Magistrate Judge Nancy A. Vecchiarelli on 2/3/2011.(W,G)
January 28, 2011 Filing 176 Notice and Order: Status Conference/Hearing set for 2/15/2011 at 09:30 AM in Courtroom 10B before Magistrate Judge Nancy A. Vecchiarelli. The parties should be prepared to discuss the status of all the outstanding motions and the posture of the case. Magistrate Judge Nancy A Vecchiarelli on 1/26/2011. (G,W)
January 26, 2011 Opinion or Order Filing 175 Order referring case to Magistrate Judge Nancy A. Vecchiarelli for general pretrial supervision including the filing of reports containing proposed findings and recommendations for disposition of case-dispositive motions. Of those motions pending, the motions for relief from judgment, ECF Nos. #165 and #166 are not referred to Magistrate Judge Vecchiarelli.Judge Benita Y. Pearson on 1/26/2011. (S,L)
January 20, 2011 Case reassigned to Judge Benita Y. Pearson pursuant to General Order 2011-4. (K,K)
January 20, 2011 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Nancy A. Vecchiarelli. (K,K)
January 20, 2011 Motions Referred to Magistrate Judge Nancy A. Vecchiarelli. Related document(s) #123 , #152 , #137 , #149 , #166 , #147 , #108 , #165 , #130 , #138 , #133 , #156 , #131 , #150 . (K,K)
October 28, 2010 Filing 174 Notification of Change of Address filed by John D. Chiappetta. (JLG)
October 26, 2010 Filing 173 Notification of Document Allegedly Filed by the Plaintiff Not Showing Up on the Court Docket filed by John D. Chiappetta. (Attachments: #1 Exhibit - Notice of Filing of Statement of JP Morgan Chase and/or Affiliated Entities)(JLG)
October 15, 2010 Judge Patricia A. Gaughan assigned to case. Judge Peter C. Economus terminated. (H,LA)
October 1, 2010 Filing 172 Reply Brief to Plaintiff's Opposition to #166 Motion for relief, #165 Motion for relief filed by Patricia A. Chiappetta. (JLG)
October 1, 2010 Filing 171 Reply Brief to Plaintiff's Opposition to #166 Motion for relief, #165 Motion for relief filed by John D. Chiappetta. (JLG)
September 24, 2010 Filing 170 Returned Mail addressed to Jonathan Lee Riches marked, "Return to sender - inmate no longer at this facility." Mail re-issued to Jonathan Lee Riches at FMC Lexington, P.O. Box 14500, Lexington, KY 40512. Related document(s) #167 . (JLG)
September 20, 2010 Opinion or Order Filing 169 Order referring case to Magistrate Judge Benita Y. Pearson for general pre-trial supervision, including all Motions. Judge Peter C. Economus on 9/20/10. (BR,S)
September 20, 2010 Filing 168 Opposition to #166 Motion for relief, #165 Motion for relief filed by JP Morgan Chase Bank, N.A. (Attachments: #1 Exhibit)(Polly-Murphy, Michelle) Modified text on 9/22/2010 (JLG).
September 17, 2010 Opinion or Order Filing 167 Order: Upon a review of the docket, Magistrate Judge George J. Limbert finds it necessary to recuse himself from participating in this matter; this matter is returned to Judge Economus, and the Clerk's Office is requested to draw a new magistrate judge. Signed by Magistrate Judge George J. Limbert on 9/17/10. (S,AA)
September 17, 2010 A copy of #167 the Court's Order was mailed to John D. Chiappetta, Jonathan Lee Riches, Patricia A. Chiappetta, and Steven E. Elder on 9/17/10 (Related document #167 ). (S,AA)
September 17, 2010 Magistrate Judge George J. Limbert referral terminated. (JLG)
September 17, 2010 Random Re-Assignment of Magistrate Judge. In the event of a referral, case will be assigned to Magistrate Judge Benita Y. Pearson. (JLG)
September 13, 2010 Filing 166 Motion for Relief from Judgment and Determination of Pending Motions filed by Defendant Patricia A. Chiappetta. (Attachments: #1 Report of Parties' Planning Meeting, #2 Order dated 7/6/2007, #3 Partial Docket)(JLG)
September 10, 2010 Filing 165 Motion for Relief from Judgment and Determination of Pending Motions filed by Defendant John D. Chiappetta. (Attachments: #1 Partial Docket)(JLG)
August 31, 2010 Opinion or Order Filing 164 Order referring case to Magistrate Judge George J. Limbert for general pretrial supervision, including all Motions. Judge Peter C. Economus on 8/31/10. (BR,S)
August 31, 2010 Opinion or Order Filing 163 Order Adopting Magistrate Judge James Gallas' Report and Recommendation (Related document #159 ). The objection to jurisdiction filed by John Chiappetta is granted. The Defendants may move to vacate any ruling by the Magistrate Judge at which point this Court will consider the issue. Judge Peter C. Economus on 8/31/10. (BR,S) Modified text on 9/3/2010 (JLG).
August 31, 2010 Pursuant to General Order 2010-27, this case is re-assigned to Judge Peter C. Economus. Magistrate Judge James S. Gallas terminated. (H,LA)
August 31, 2010 Pursuant to General Order 2010-27, this case is randomly re-assigned to Magistrate Judge George J. Limbert. (H,LA)
August 15, 2010 Filing 162 Response to Partial Objection to Report and Recommendation of Magistrate Judge filed by Patricia Chiappetta and John Chiappetta filed by JP Morgan Chase Bank, N.A.. Related document(s) #159 , #161 , #160 . (Polly-Murphy, Michelle) Modified text and links on 8/16/2010 (B,B).
August 9, 2010 Filing 161 Partial Objection to Report and Recommendation of Magistrate Judge filed by John D. Chiappetta. Related document(s) #159 . (S,He)
August 9, 2010 Filing 160 Partial Objection to Report and Recommendation of Magistrate Judge filed by Patricia A. Chiappetta. Related document(s) #159 . (S,He)
August 3, 2010 Filing 159 Report and Recommendation that this matter be returned to the jurisdiction of an Article III appointed Federal District Court Judge due to John Chiappetta's objection to the reference to the jurisdiction of a Magistrate Judge. Of course, this does not mean that this case cannot be referred for report and recommendation rulings under 28 U.S.C Section 636(b)(1) re #148 . Objections to R&R due by 8/17/2010. Magistrate Judge James S. Gallas on 8/3/2010. (W,G) Modified on 8/30/2010 (W,G).
June 22, 2010 Filing 158 Opposition to #152 Motion to strike filed by JP Morgan Chase Bank, N.A.. (Williams, Kevin)
June 22, 2010 Filing 157 Opposition to #149 Motion for leave filed by JP Morgan Chase Bank, N.A.. (Williams, Kevin)
June 18, 2010 Filing 156 WITHDRAWN - Motion for Court to take Judicial Notice that all of the defendant American First Federal Inc.'s Judgment and/or liens are void, filed by Defendant John D. Chiappetta. (Attachments: #1 Exhibit)(M,TL) Modified on 2/23/2011 (G,W).
June 17, 2010 Filing 155 Reply to response to #150 Motion for leave to Answer Crossclaim and Counterclaim Instanter filed by American First Federal Inc.. (Bower, Amelia)
June 17, 2010 Filing 154 Response to #147 Motion to strike or in the Alternative Response to defendant American First Federal, Inc's notice of supplementation of the response to plaintiff's motion for summary judgment filed by American First Federal Inc. (Bower, Amelia) Modified text on 6/18/2010 (E,P).
June 14, 2010 Filing 153 WITHDRAWN - Reply to #143 combined objection and response to separate reply brief and to Motion to Strike response to plaintiff's motion for summary judgment and motion for leave to supplement pending motions, instanter filed by John D. Chiappetta. Related documents #138 , #137 , #143 . (M,TL) Modified text on 6/15/2010 (E,P). Modified on 2/23/2011 (G,W).
June 14, 2010 Filing 152 WITHDRAWN - Motion to strike #142 Reply to response to #130 Motion for Abeyance and/or Stay, and Motion for Waiver of Supersedeas Bond Instanter filed by Patricia A. Chiappetta. (Attachments: #1 Exhibit Washington Mut. Bank v. Chiapetta)(H,KR) Modified on 2/23/2011 (G,W).
June 14, 2010 Filing 151 WITHDRAWN - Reply to memorandum in opposition #143 to #138 Motion to dismiss and strike filed by Patricia A. Chiappetta. (R,Sh) Modified text on 6/15/2010 (E,P). Modified on 2/23/2011 (G,W).
June 11, 2010 Filing 150 Motion for leave to Answer Counterclaim and Cross Claim of American First Federal Inc., instanter, filed by Defendant Patricia A. Chiappetta. Related document #55 . (Attachments: #1 Proposed Answer)(M,TL)
June 10, 2010 Filing 149 Motion for leave to amend answer, instanter, filed by Defendant Patricia A. Chiappetta. (Attachments: #1 Amended Answer with Exhibits)(S,He)
June 9, 2010 Filing 148 Objection to jurisdiction of the magistrate judge filed by John D. Chiappetta. (S,HR)
June 4, 2010 Filing 147 Motion to strike or in the alternative response to plaintiff's motion for summary judgment filed by Plaintiff JP Morgan Chase Bank, N.A. Related document(s) #145 . (Polly-Murphy, Michelle) Modified text on 6/7/2010 (E,P).
June 4, 2010 Opinion or Order Order [non-document] granting Motion by Sandor W. Sternberg to withdraw as attorney. (Related Doc #146 ). Magistrate Judge James S. Gallas on 6/4/2010.(B,IE)
June 3, 2010 Filing 146 Motion by Sandor W. Sternberg to withdraw as attorney filed by Counter-Defendant American First Federal Inc.. (Attachments: #1 Exhibit)(Sternberg, Sandor)
June 2, 2010 Filing 145 Notice of Supplementation of response of American First Federal Inc. to Plaintiff's Motion for Summary Judgment filed by Intervenor American First Federal Inc., Cross-Claimant American First Federal Inc., Counter-Claimant American First Federal Inc., Counter-Defendant American First Federal Inc.. Related document(s) #128 . (Attachments: #1 Supplement Case, #2 Supplement Case)(Bower, Amelia) Modified text wrong event used motion termed on 6/3/2010 (E,P).
June 2, 2010 Filing 144 Attorney Appearance by Amelia A. Bower filed by on behalf of American First Federal Inc.. (Bower, Amelia)
May 25, 2010 Filing 143 Response to #138 Motion to strike, #137 Motion to strike filed by American First Federal Inc.. (Sternberg, Sandor)
May 25, 2010 Filing 142 Reply to response to #130 Motion to stayMotion for waiver of supersedeas bond instanter filed by JP Morgan Chase Bank, N.A.. (Williams, Kevin)
May 19, 2010 Opinion or Order Order [non-document] granting attorney Mark R. Lembright's Motion to withdraw as attorney for defendant American First Federal, Inc. (Related Doc #139 ). Magistrate Judge James S. Gallas on 5/19/2010.(W,G)
May 18, 2010 Filing 141 Opposition to #123 Motion to dismissMotion for reliefMotion to strikeMotion for conference/hearing filed by JP Morgan Chase Bank, N.A.. (Williams, Kevin)
May 18, 2010 Filing 140 WITHDRAWN - Reply Brief to #136 Opposition to #123 Motion to dismiss, Motion for relief, Motion to strike Motion for conference/hearing to filed by John D. Chiappetta. (Attachments: #1 Supplement) (H,KR) Modified on 2/23/2011 (G,W).
May 14, 2010 Filing 139 Motion by Mark R. Lembright to withdraw as attorney For Defendant American First Federal, Inc. filed by Intervenor American First Federal Inc., Cross-Claimant American First Federal Inc., Counter-Claimant American First Federal Inc., Counter-Defendant American First Federal Inc.. Related document(s) #63 , #67 . (Lembright, Mark)
May 12, 2010 Filing 138 WITHDRAWN - Reply brief and Motion to strike #128 Response to #108 Motion for Summary Judgment and #134 Reply to Response to #108 Motion for summary judgment filed by Defendant Patricia A. Chiappetta. (P,G) Modified on 2/23/2011 (G,W).
May 11, 2010 Filing 137 WITHDRAWN - Reply brief and Motion to strike #128 Response to #108 Motion for summary judgment and #134 Reply to Response to #108 Motion for summary judgment, filed by Defendant John D. Chiappetta. (S,HR) Modified on 2/23/2011 (G,W).
May 6, 2010 Filing 136 Opposition to #123 Motion to dismissMotion for reliefMotion to strikeMotion for conference/hearing filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B1, #4 Exhibit B2)(Williams, Kevin)
May 3, 2010 Filing 135 Notice of Certificate of Compliance with L.R. 7.1(f) filed by JP Morgan Chase Bank, N.A.. Related document(s) #134 .(Polly-Murphy, Michelle)
May 3, 2010 Filing 134 Reply to response to #108 Motion for summary judgment filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit)(Polly-Murphy, Michelle)
April 30, 2010 Filing 133 WITHDRAWN - Motion for leave to supplement #123 ; Motion to Dismiss and/or in the Alternative, Motion for Relief from Judgment and/or to Strike filed by Defendant John D. Chiappetta. Related document(s) #123 . (R,Sh) Modified on 2/23/2011 (G,W).
April 27, 2010 Filing 132 Supplement (page 23) to document #129 Brief in Opposition for Defendant's Application for Default Judgment which was inadvertenlty not attached filed by Patricia A. Chiappetta. (P,G) Modified text pages 2 and 4 blank on 4/28/2010 (E,P).
April 26, 2010 Filing 131 Motion for Abeyance and/or Stay, and Motion for Waiver of Supersedeas Bond Instanter filed by Defendant John D. Chiappetta. (P,G)
April 22, 2010 Filing 130 Motion for Abeyance and/or Stay, and Motion for Waiver of Supersedeas Bond Instanter filed by Defendant Patricia A. Chiappetta. (S,He)
April 19, 2010 Filing 129 WITHDRAWN - Opposition to defendant's application for default judgment filed by Patricia A. Chiappetta. Related document #120 . (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Mortgage, #4 Note, Cuyahoga County Court documents and Westlaw Cases) (M,TL) Modified on 2/23/2011 (G,W).
April 19, 2010 Filing 128 Response to #108 Motion for summary judgment filed by American First Federal Inc.. (Attachments: #1 Exhibit #1 - Judgment Lien)(Sternberg, Sandor)
April 13, 2010 Opinion or Order Order [non-document] granting #127 defendant patricia A. Chiapetta's Motion for Extension of Time until 4/27/2010 to file response to all pending motinos.. Magistrate Judge James S. Gallas on 4/13/2010.(W,G)
April 12, 2010 Filing 127 Motion for an additional 14 day extension of time to respond to all pending motions, instanter filed by Defendant Patricia A. Chiappetta. (H,KR)
April 8, 2010 Filing 126 Notice of Substitution of Counsel removing attorney William S. Kopp and adding attorney Marlon A. Primes filed by on behalf of United States Department of Justice. Related document(s) #125 , #124 .(Primes, Marlon)
April 8, 2010 Filing 125 FILING ERROR re-filed see document 126 Notice of Substitution of Counsel removing attorney William S. Kopp and adding attorney Marlon A. Primes filed by on behalf of United States Department of Justice. Related document(s) #124 .(Primes, Marlon) Modified on 4/9/2010 (B,R).
April 7, 2010 Filing 124 Attorney Appearance by Marlon A. Primes filed by on behalf of United States Department of Justice. (Primes, Marlon)
April 7, 2010 Filing 123 WITHDRAWN - Motion to dismiss and/or in the alternative Motion for relief from judgment and/or Motion to strike (Hearing Requested) filed by Defendant John D. Chiappetta. Related document(s) #120 . (Attachments: #1 Inmate Data, #2 Document Regarding Sentence, #3 USDC, S.D. Ohio Order, #4 USDC, D. New Jersey Opinion)(S,He) Modified on 2/23/2011 (G,W).
April 6, 2010 Filing 122 Deposition of Alfio Savarino taken on March 19, 2010 filed by American First Federal Inc.. (Attachments: #1 Appendix Transcript of Deposition, #2 Exhibit Depo Exh. #1, #3 Exhibit Depo Exh. #2, #4 Exhibit Depo Exh. #3, #5 Exhibit Depo Exh. #4)(Sternberg, Sandor)
March 30, 2010 Copy of Order on Motion for extension of time to rspond to defendant First Federal's Application For Entry of Default Judgment mailed to John Chiappetta and Patricia Chiappetta on 3/30/2010. (W,G)
March 30, 2010 Opinion or Order Order [non-document] granting #121 Motion of Patricia Chiappett and John Chiappetta for Extension of Time to respond to #121 defendant American First Federal's Application for Entry of Default Judgment. Replies due by (4/14/2010}. Magistrate Judge James S. Gallas on 3/30/2010.(W,G)
March 29, 2010 Filing 121 Motion for extension of time of 14 days to respond to defendant American First Federal's #120 Application for Entry of Default Judgment, Instanter, filed by John D. Chiappetta and Patricia A. Chiappetta. (S,He)
March 19, 2010 Filing 120 Application to Clerk for entry of default against Defendants John Chiappetta and Patricia Chiappetta filed by American First Federal Inc.. (Attachments: #1 Affidavit Declaration in Support of Service)(Sternberg, Sandor)
February 5, 2010 Minutes of proceedings [non-document] before Magistrate Judge James S. Gallas. Telephone Conference held on 2/5/2010 with Attorneys Michelle Polly-Murphy and Sandor Sternberg. Plaintiff Wamu does not wish to enter an agreement dividing whatever equity can be obtained. Case to proceed to foreclosure. Defendant Patricia Chippeta has not answered and subject to motion for summary judgment. Court instructed parties to proceed with necessary briefing before moving for judgment. Both attorneys will proceed with depositions. (Court Reporter: none.)Time: 20 minutes. (W,G)
February 2, 2010 Filing 119 Notice of Telephone Status Conference set for 2/5/2010 at 02:00 PM to be held telephonically before Magistrate Judge James S. Gallas. (W,G)
January 11, 2010 Opinion or Order Filing 118 Order. re #112 #111 #117 Plaintiff shall respond to interrogatories nos. 9, 11,12 and 14 of American First Federal's Second Set of Interrogatories. By agreement of parties interrogatory no. 13 is reworded and shall be answered by plaintiff. Counsel for American First Federal has provided revised interrogatory no.10 to plaintiff's counsel for response by plaintiff. Plaintiff's responses to all interrogatories and revised interrogatories shall be provided to counsel on or before 12/17/2009. Counsel to submit a joint memo to the court regarding possibility of proceeding with judgment against other defendants proceeding to judicial sale of subject property with the issue of the parties' lien priorities against the subject property reserved for further proceedings and determination and transferred to the proceeds of any such judicial sale.. Magistrate Judge James S. Gallas on 1/6/10. (W,G)
December 16, 2009 Filing 117 Amended Proposed Order filed by JP Morgan Chase Bank, N.A., American First Federal Inc.. Related document(s) #103 . (Attachments: #1 Exhibit)(Polly-Murphy, Michelle) Modified text on 12/17/2009 (B,B).
December 16, 2009 Filing 116 Proposed Order filed by JP Morgan Chase Bank, N.A., American First Federal, Inc.. Related document(s) #103 . (Polly-Murphy, Michelle) Modified text on 12/17/2009 (B,B).
December 10, 2009 Filing 115 Minutes of proceedings before Magistrate Judge James S. Gallas. Motion Hearing held on 12/10/2009 re Motion to compel discovery (Court Reporter: S. Trischan.)Time: 2 hrs.Related document(s) #103 . (W,G)
December 2, 2009 Opinion or Order Filing 114 Order granting Motion to substitute JP Morgan Chase Bank NA as plaintiff in this foreclosure action (Related Doc #101 ). Magistrate Judge James S. Gallas on 12/2/2009.(W,G)
November 30, 2009 Filing 113 Notice of Motion Hearing set for 12/10/2009 at 10:00 AM at the U.S. Courthouse, 801 W. Superior Avenue, Cleveland, Ohio in Courtroom 9A before Magistrate Judge James S. Gallas. (W,G)
November 20, 2009 Filing 112 Motion for ruling on Pending Motions and to correct the "terminate" status designation of the case filed by Intervenor American First Federal Inc. Related document(s) #101 , #103 . (Sternberg, Sandor) Modified text on 11/23/2009 (E,P).
October 29, 2009 Filing 111 Motion for extension of time until 30 Days After Rulings on All Pending Motions to Respond to Motion for Partial Summary Judgment filed by Cross-Claimant American First Federal Inc.. Related document(s) #102 , #101 , #103 . (Sternberg, Sandor)
October 8, 2009 Filing 110 Notice of Certificate of Uncontested Facts filed by Washington Mutual Bank. Related document(s) #108 .(Polly-Murphy, Michelle)
October 8, 2009 Filing 109 Notice of Certificate of Compliance with L.R. 7.1(f) filed by Washington Mutual Bank. Related document(s) #108 .(Polly-Murphy, Michelle)
October 2, 2009 Filing 108 Motion for partial summary judgment against Intervening Defendant American First Federal, Inc. filed by Plaintiff Washington Mutual Bank, Cross Defendant Washington Mutual Bank. (Attachments: #1 Exhibit A, #2 Exhibit B-E, #3 Appendix, #4 Appendix)(Polly-Murphy, Michelle) Modified text on 10/5/09 (K,K).
September 15, 2009 Filing 107 Reply to response to #103 Motion to compel discovery filed by American First Federal Inc.. (Attachments: #1 Exhibit #1 - Pltf's. Responses to Interrogatories)(Sternberg, Sandor)
September 9, 2009 Filing 106 Supplement to Motion Substitute Plaintiff filed by Plaintiff Washington Mutual Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Williams, Kevin) Modified text and links on 9/10/2009 (B,B).
September 8, 2009 Filing 105 Response to #103 Combined Motion to compel discovery and extend discovery deadline filed by Washington Mutual Bank. (Polly-Murphy, Michelle) Modified text on 9/9/2009 (B,B).
September 2, 2009 Filing 104 Objection and Response to Motion to Substitute Plaintiff filed by American First Federal Inc.. (Related doc #101 )(Sternberg, Sandor) Modified to create link on 9/3/2009 (B,B).
September 1, 2009 Filing 103 Combined Motion to compel discovery and extend discovery deadline filed by Counter-Defendant American First Federal Inc.. (Attachments: #1 Certfication of Counsel with Exhibits A - E)(Sternberg, Sandor) Modified text on 9/2/2009 (B,B).
September 1, 2009 Filing 102 Notice of Discovery Dispute filed by American First Federal Inc.. (Attachments: #1 Certification of Counsel, with Exhibits A - E)(Sternberg, Sandor)
September 1, 2009 Filing 101 Motion for Substitution of Plaintiff filed by Plaintiff Washington Mutual Bank. (Attachments: #1 Proposed Order)(Williams, Kevin) (Attachment 1 replaced on 9/2/2009) (B,B).
August 31, 2009 Filing 100 Notice of Cancellation of Depositions filed by American First Federal Inc.. (Attachments: #1 Exhibit #1)Related document(s) #97 , #99 , #98 .(Sternberg, Sandor)
August 21, 2009 Filing 99 Notice to take Deposition of Plaintiff's Rule 30(b)(6) Witness on September 1, 2009 filed by American First Federal Inc.. (Sternberg, Sandor)
August 21, 2009 Filing 98 Notice to take Deposition of Brandie Grigsby on September 1, 2009 filed by American First Federal Inc.. (Sternberg, Sandor)
August 21, 2009 Filing 97 Notice to take Deposition of Joy Lanier on September 1, 2009 filed by American First Federal Inc.. (Sternberg, Sandor)
June 8, 2009 Opinion or Order Filing 96 Order. The court orders re-opening of discovery until 9/2/2009 for limited purpose of allowing Washington Mututal Bank and American First Federal, Inc. to determine priority of their liens as between themselves; dispositive motions to be filed by 10/2/2009, responses to be filed by 10/16/2009, and replies to be filed by 10/23/2009; also Infinity Construction Co will be allowed to brief its lien priority if necessary. Magistrate Judge James S. Gallas on 6/8/2009. (W,G)
June 8, 2009 Opinion or Order Order [non-document] findingmoot plaintiff's Motion for protective order (Related Doc #91 ). Magistrate Judge James S. Gallas on 6/8/2009.(W,G)
June 2, 2009 Opinion or Order Filing 95 Order: Intervenor, American First Federal, Inc., consents to the jurisdiction of Magistrate James Gallas for further proceedings. Judge Peter C. Economus on 6/2/09. (BR,S)
May 29, 2009 Filing 94 Notice of Telephone Conference set for 6/2/2009 at 02:00 PM before Magistrate Judge James S. Gallas. The telephone status conference will be with counsel only, but parties are to be available by telephone. (W,G) Modified on 5/29/2009 (W,G).
May 21, 2009 Opinion or Order Filing 93 Order denying WaMu's Motion for partial summary judgment (Related Doc #70 ); granting in part and denying in part American First Federal's Motion to strike WaMu's attempetd amended responses (Related Doc #76 ); granting American's Motion to strike on an alternate basis (Related Doc #79 ); granting in part and denying in part American's Motion for order; the court will take judicial notice of American's judgment lien recorded on August 29, 2005. The remainder of the motion is denied. (Related Doc #88 ); granting American's Motion for ruling on pending motions prior to ruling on Washington Mutual Bank's motion for partial summary judgment (Related Doc #89 ).. Magistrate Judge James S. Gallas on 5/21/2009.(W,G)
May 20, 2009 Filing 92 Response to #91 Motion for protective order filed by American First Federal Inc.. (Attachments: #1 Exhibit #1 - Letter of 5-20-09 to Counsel for Plaintiff, #2 Exhibit #2 - Letter of 5-20-09 from counsel for Plaintiff)(Sternberg, Sandor) Modified text on 5/21/2009 (B,B).
May 19, 2009 Filing 91 Motion for protective order filed by Plaintiff/Cross Defendant Washington Mutual Bank. (Attachments: #1 Exhibit)(Polly-Murphy, Michelle) Modified text on 5/21/2009 (B,B).
May 19, 2009 Filing 90 Response to American First Federal, Inc.'s Motion for Taking Judicial Notice and Motion for ruling filed by Washington Mutual Bank. (Related doc #88 , #89 ) (Polly-Murphy, Michelle) Modified text on 5/21/2009 (B,B).
May 13, 2009 Filing 89 Motion for ruling filed by Counter-Defendant American First Federal Inc.. (Sternberg, Sandor)
May 12, 2009 Filing 88 Motion for Taking Judicial Notice that AFFI's judgment and lien are the same as the open, unsatisfied judgment and lien referred to in the credit history of Patricia Chiappetta obtained by plaintiff prior to making the subject mortgage loan filed by Counter-Defendant American First Federal Inc.. (Attachments: #1 Exhibit No. 1 - Certificates of Judgment/Lien, #2 Exhibit No. 2 - Credit History)(Sternberg, Sandor) Modified text on 5/13/2009 (B,B).
May 7, 2009 Filing 87 Notice of Certificate of Compliance with L.R. 7.1(f) filed by Washington Mutual Bank. Related document(s) #86 .(Polly-Murphy, Michelle)
May 7, 2009 Filing 86 Reply to response to #70 Motion for partial summary judgment against American First Federal, Inc. filed by Washington Mutual Bank. (Attachments: #1 Exhibit)(Polly-Murphy, Michelle)
May 7, 2009 Filing 85 Reply to response to #79 Motion to strike Affidavit of Kelley Betsko filed by American First Federal Inc.. (Sternberg, Sandor)
May 4, 2009 Filing 84 Opposition to #79 American First Federal Inc.'s Motion to strike Affidavit of Kelley Betsko filed by Washington Mutual Bank. (Polly-Murphy, Michelle) Modified text on 5/5/2009 (B,B).
April 27, 2009 Filing 83 Notice of Filing of Exhibit and Affidavit in Support of Opposition to Motion for Summary Judgment filed by American First Federal Inc.. Related document(s) #80 , #81 , #82 .(Sternberg, Sandor)
April 27, 2009 Filing 82 Affidavit of D'Mark Mick in Support of Opposition to Plaintiff's Motion for Summary Judgment filed by American First Federal Inc.. Related document(s) #70 , #80 . (Sternberg, Sandor) Modified text and links on 4/28/2009 (B, B).
April 27, 2009 Filing 81 Exhibit(s) 1 to Opposition to Motion for Summary Judgment filed by American First Federal Inc.. Related document(s) #70 , #80 . (Sternberg, Sandor) Modified to create an additional link on 4/28/2009 (B, B).
April 27, 2009 Filing 80 Opposition to #70 Motion for partial summary judgment against American First Federal, Inc. filed by American First Federal Inc.. (Sternberg, Sandor)
April 24, 2009 Filing 79 Motion to strike Affidavit of Kelley Betsko filed by Counter-Defendant American First Federal Inc.. Related document(s) #70 . (Sternberg, Sandor)
April 20, 2009 Filing 78 Notice of Service of Third Set of Requests for Admission Propounded to Plaintiff on 4/20/2009 filed by American First Federal Inc.. (Sternberg, Sandor) Modified text on 4/22/2009 (B,B).
April 16, 2009 Filing 77 Opposition to #76 Motion to strike Plaintiff's Unauthorized 'Amended' Responses to Second Set of Requests for Admission, etc., filed by Washington Mutual Bank. (Attachments: #1 Exhibit)(Polly-Murphy, Michelle)
April 14, 2009 Filing 76 Motion to strike Plaintiff's Unauthorized 'Amended' Responses to Second Set of Requests for Admission, etc., filed by Counter-Claimant American First Federal Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sternberg, Sandor)
April 8, 2009 Filing 75 Notice of Service of Plaintiff's Responses to Defendant American First Federal, Inc.'s Second Request for Admissions on 4/8/2009 filed by Washington Mutual Bank. Related document(s) #73 .(Polly-Murphy, Michelle) Modified text on 4/9/2009 (B,B).
March 26, 2009 Opinion or Order Order [non-document] granting Counter-Claimant American First Federal's 30 day continuance until 4/25/2009 to file its Response to Motion for Summary Judgment (Related Doc #74 ). Entered on behalf of Magistrate Judge James S. Gallas on 3/26/09.(W,Jo)
March 25, 2009 Filing 74 Motion for a 30 day to continuance until 4/25/2009 to file its Response to Motion for Summary Judgment filed by Counter-Claimant American First Federal Inc.. (Attachments: #1 Affidavit In Support of Motion for Continuance to Oppose Motion for Summary Judgment)(Sternberg, Sandor) Modified text on 3/26/2009 (B,B).
March 9, 2009 Filing 73 Notice of Service of Second Set of Requests for Admission Directed to Plaintiff on 3/9/2009 filed by American First Federal Inc.. (Sternberg, Sandor) Modified text on 3/10/2009 (B,B).
March 3, 2009 Filing 72 Notice of Filing Exhibits in Support of Motion for Summary Judgment filed by Washington Mutual Bank. Related document(s) #70 . (Attachments: # 1 Exhibit)(Polly-Murphy, Michelle) Modified text on 3/4/2009 (B,B). (Additional attachment(s) added on 3/4/2009: #2 Exhibit.) (B,B).
February 26, 2009 Filing 71 Notice of Certificate of Compliance with L.R. 7.1(f) filed by Washington Mutual Bank. Related document(s) #70 .(Polly-Murphy, Michelle)
February 26, 2009 Filing 70 Motion for partial summary judgment against American First Federal, Inc. filed by Plaintiff/Cross Defendant Washington Mutual Bank. (Attachments: #1 Affidavit, #2 Exhibit, #3 Case Law)(Polly-Murphy, Michelle) Modified text on 2/27/2009 (B,B).
February 26, 2009 Filing 69 Statement of Facts Uncontested filed by Washington Mutual Bank. (Polly-Murphy, Michelle)
February 23, 2009 Filing 68 Notice of Unavailability of Counsel filed by American First Federal Inc.. (Sternberg, Sandor)
February 23, 2009 Filing 67 Attorney Appearance filed by Sandor W. Sternberg on behalf of American First Federal Inc.. (Sternberg, Sandor) Modified text on 2/24/2009 (B,B).
January 30, 2009 Filing 66 Notice filed by American First Federal Inc.. Related document(s) #58 .(Lembright, Mark)
December 22, 2008 Filing 65 Returned Mail (12/11/08 non doc entry) addressed to Jonathan Lee Riches marked not deliverable as addressed. (C,KA)
December 11, 2008 Opinion or Order Order [non-document] denying Jonathan Lee Riches' Motion to intervene as a party. (Related Doc #64 ); and denying Motion for reconsideration Related Doc #64 for failure to serve parties. Magistrate Judge James S. Gallas on 12/11/2008.(W,G)
December 1, 2008 Filing 64 Motion to intervene as a party and Motion for reconsideration filed by movant Jonathan Lee Riches. Related document(s) #62 . (R,Sh)
November 26, 2008 Filing 63 Notice of Substitution of Counsel removing attorney Benjamin D. Carnahan and adding attorney Mark R. Lembright on behalf of American First Federal Inc.. (B,B)
September 19, 2008 Filing 62 Judgment Entry granting Washington Mutual Bank's Motion for partial summary judgment (Related Doc #34 ) and denying Infinity Construction Company Inc.'s Motion for summary judgment on its crossclaim (Related Doc #36 ) (other related doc #61 ). Magistrate Judge James S. Gallas (C,KA)
September 19, 2008 Filing 61 Memorandum Opinion granting Washington Mutual Bank's Motion for partial summary judgment (Related Doc #34 ) and denying Infinity Construction Company Inc.'s Motion for summary judgment on its crossclaim (Related Doc #36 ). Magistrate Judge James S. Gallas (C,KA)
September 5, 2008 Filing 60 Filing Error, see case 8cv2027. Initial Order. Magistrate Judge James S. Gallas on 9/5/2008. (W,G) Modified text 9/5/2008 (W,G).
August 25, 2008 Filing 59 Reply to #58 Answer to Complaint, Counterclaim filed by Washington Mutual Bank. (Polly-Murphy, Michelle)
August 22, 2008 Filing 58 Answer to #1 Complaint, Counterclaim against Plaintiff Washington Mutual Bank filed by American First Federal Inc. (Attachments: #1 Exhibit)(Carnahan, Benjamin) Modified text on 8/25/2008 (S,He).
July 15, 2008 Opinion or Order Order [non-document]granting Motion of intervening defendant American First Federal Inc. for leave to file counterclaim (Related Doc #57 ). Magistrate Judge James S. Gallas on 7/15/2008.(W,G)
July 10, 2008 Filing 57 Motion for leave to file Counterclaim filed by Intervenor American First Federal Inc.. (Attachments: #1 Proposed Order)(Carnahan, Benjamin)
May 19, 2008 Filing 56 Answer to #55 Crossclaim filed by Washington Mutual Bank. (Polly-Murphy, Michelle) Modified on 5/20/2008 (A,P).
May 5, 2008 Filing 55 Answer to #1 Complaint, and, Crossclaim against Patricia A. Chiappetta, John D. Chiappetta filed by American First Federal Inc.. (Attachments: #1 Exhibit)(Polinko, John)
April 28, 2008 Opinion or Order Order [non-document] granting Petitoner American First Federal Inc.'s Amended Motion to intervene as a party. (Related Doc #54 ). Entered on behalf of Magistrate Judge James S. Gallas on 4/28/2008.(W,G) Modified on 4/28/2008 (W,G).
April 28, 2008 Opinion or Order Order [non-document]denying petitioner Firstmerit Bank NA's Motion to intervene as a party. (Related Doc #46 ). Entered on behalf of Magistrate Judge James S. Gallas on 4/28/2008.(W,G) Modified on 4/28/2008 (W,G).
February 6, 2008 Filing 54 Amended Motion to intervene as a party Defendant filed by Intervenor American First Federal Inc.. (Attachments: #1 Exhibit, #2 Proposed Order)(Polinko, John)
February 6, 2008 Filing 53 Reply to #51 response to #46 Motion to intervene as a party defendant filed by American First Federal Inc. (Polinko, John) Modified to create link on 2/7/2008 (S,He).
February 4, 2008 Filing 52 Opposition to #34 Motion for partial summary judgment against Defendants State of Ohio, Department of Transportation and Infinity Construction Co. Inc. filed by Director of Transportation of The State of Ohio. (Hohmann, William) Modified text on 2/5/2008 (S,He).
January 25, 2008 Filing 51 Opposition to #46 Motion to intervene as a party defendant filed by Infinity Construction Co., Inc.. (Attachments: #1 Exhibit A - Renewed Motion to Intervene)(Haymond, Daniel)
January 24, 2008 Filing 50 Certificate of Compliance with L.R. 7.1(f) filed by Infinity Construction Co., Inc.. Related document(s) #49 .(Haymond, Daniel) Modified text on 1/25/2008 (S,He).
January 24, 2008 Filing 49 Reply to response to #36 Motion for summary judgment on its Cross-Claim filed by Infinity Construction Co., Inc.. (Haymond, Daniel)
January 23, 2008 Filing 48 Certificate of Compliance with L.R. 7.1(f) filed by Washington Mutual Bank. Related document(s) #47 .(Polly-Murphy, Michelle) Modified text on 1/25/2008 (S,He).
January 23, 2008 Filing 47 Reply to response to #34 Motion for partial summary judgment against Defendants State of Ohio, Department of Transportation and Infinity Construction Co. Inc. filed by Washington Mutual Bank. (Attachments: #1 Exhibit)(Polly-Murphy, Michelle)
January 16, 2008 Filing 46 Motion to intervene as a new party defendant filed by FirstMerit Bank, NA. (Attachments: #1 Exhibit, #2 Proposed Order)(Polinko, John) Modified text and filers on 1/17/2008 (S,He).
January 16, 2008 Filing 45 Notice of Re-Service of Motion for Summary Judgment and Related Pleadings Upon Defendants Patricia and John Chiappetta filed by Infinity Construction Co., Inc.. (Lewis, Robert)
January 9, 2008 Opinion or Order Filing 44 Marginal Order granting defendant State of Ohio, Department of Transportation's Motion for extension of time until 2/8/08 to File a Memorandum in Opposition to Plaintiff Washington Mutual Bank's Motion for Partial Summary Judgment (Related document(s) #34 , #43 ). Signed by Magistrate Judge James S. Gallas on 1/9/2008. (S,S)
January 4, 2008 Filing 43 Motion for extension of time until 2/8/08 to File a Memorandum in Opposition to Plaintiff Washington Mutual Bank's Motion for Partial Summary Judgment filed by Defendant Director of Transportation of The State of Ohio. (Hohmann, William) Modified text on 1/9/2008 (B,IE).
January 3, 2008 Filing 42 Certificate of Compliance with L.R.7.1(f) filed by Washington Mutual Bank. Related document(s) #39 .(Polly-Murphy, Michelle) Modified text on 1/9/2008 (B,IE).
January 3, 2008 Filing 41 Certificate of Compliance with L.R. 7.1(f) filed by Infinity Construction Co., Inc. Related document(s) #40 . (Lewis, Robert) Modified text and created link on 1/9/2008 (B,IE).
January 3, 2008 Filing 40 Memorandum in Opposition to #34 Motion for partial summary judgment against Defendants State of Ohio, Department of Transportation and Infinity Construction Co. Inc. filed by Infinity Construction Co., Inc. (Attachments: #1 Exhibit A - Federal Union Life Ins. v. Deitsch, #2 Exhibit B - Notice of Certified Conflict, #3 Exhibit C - Entry, #4 Exhibit D - Application for Dismissal, #5 Exhibit E - Ohio Dept. of Taxation v. Jones, et.al., #6 Exhibit F - Associates Financial v. Mike Miller, et.al., #7 Exhibit G - Leppo v. Kiefer, #8 Exhibit H - Alegis v. Lerner)(Lewis, Robert) Modified text on 1/9/2008 (B,IE).
January 2, 2008 Filing 39 Opposition to #36 Motion for summary judgment on its Cross-Claim filed by Washington Mutual Bank. (Attachments: #1 Exhibit)(Polly-Murphy, Michelle)
December 12, 2007 Filing 38 Notice : Certificate of Compliance with L.R. 7.1(f) filed by Infinity Construction Co., Inc.. Related document(s) #36 .(Lewis, Robert)
December 12, 2007 Filing 37 Notice : Certificate of Uncontested Facts in Support of Defendant Infinity Construction Company, Inc's Motion for Summary Judgment on its Cross-Claim filed by Infinity Construction Co., Inc.. Related document(s) #36 .(Lewis, Robert)
December 12, 2007 Filing 36 Motion for summary judgment on its Cross-Claim filed by Defendant Infinity Construction Co., Inc.. (Attachments: #1 Exhibit A - Preliminary Judicial Report, #2 Exhibit B - Certificate of Judgment, #3 Exhibit C - Infinity Cross-Claim)(Lewis, Robert)
December 6, 2007 Filing 35 Notice of Compliance with L.R.7.1(f) filed by Washington Mutual Bank. (Polly-Murphy, Michelle)
December 6, 2007 Filing 34 Motion for partial summary judgment against Defendants State of Ohio, Department of Transportation and Infinity Construction Co. Inc. filed by Plaintiff Washington Mutual Bank. (Attachments: #1 Affidavit, #2 Exhibits B-D, #3 Supporting Case Law)(Polly-Murphy, Michelle) Modified labels of attachments on 12/12/2007 (S,He).
December 6, 2007 Filing 33 Statement of Facts Uncontested filed by Washington Mutual Bank. (Polly-Murphy, Michelle)
August 23, 2007 Opinion or Order Filing 32 Case Management Conference Plan/Order. Case will proceed on the standard track. Parties consented to Magistrate Judge James S. Gallas. Discovery due by 11/13/2007. Parties to be Joined and Pleading Amendments due by 11/13/2007. Dispositive Motions due by 12/13/2007, responses by 1/14/2008, replies by 1/28/2008. A status conference has not been scheduled at this time. Signed by Magistrate Judge James S. Gallas on 8/23/2007.(R,J)
August 23, 2007 Filing 31 Minutes of proceedings. Telephone Case Management Conference held on 8/23/2007 before Magistrate Judge James S. Gallas; see Order. (Court Reporter none.) (R,J)
August 22, 2007 Opinion or Order Filing 30 Marginal Order granting Defendants Motion to attend by telephone (Related Doc #29 ). Signed by Magistrate Judge James S. Gallas on 8/22/07.(P,G)
August 22, 2007 Filing 29 Motion to attend Case Management Conference By Telephone filed by Director of Transportation of The State of Ohio. (Hohmann, William) Modified text on 8/23/2007 (P, G).
August 21, 2007 Opinion or Order Filing 28 Marginal Order granting Plaintiff's Motion to attend by telephone (Related Doc #27 ). Signed by Magistrate Judge James S. Gallas on 8/21/07.(S,He) Modified text on 8/23/2007 (P, G).
August 17, 2007 Filing 27 Motion to attend by telephone filed by Washington Mutual Bank. (Attachments: #1 Proposed Order)(Williams, Kevin)
August 6, 2007 Opinion or Order Filing 26 Marginal Order granting defendant Infinity Construction's motion to attend case management conference by telephone. Defendant to be available by telephone. Attorney to be present. (Related Doc #21 ). Signed by Magistrate Judge James S. Gallas on 8/6/2007.(P,J)
August 6, 2007 Opinion or Order Filing 25 Order instructing pro se party to hand deliver or send by regular mail to the Clerk's Office any documents to be electronically filed; All other parties will file electronically and serve the pro se party with a paper copy of same. Signed by Magistrate Judge James S. Gallas on 8/6/2007. (Copy mailed to Patricia Chiappetta and John Chiappetta at: 25608 Chardon Road, Richmond Heights, OH 44143)(P,J)
August 6, 2007 Opinion or Order Filing 24 Case Management Conference Scheduling Order setting case management conference for 8/23/2007 at 11:00 AM in Chambers 480 before Magistrate Judge James S. Gallas. Signed by Magistrate Judge James S. Gallas on 8/6/2007. (Attachments: #1 Email Notification#2 Discovery Plan#3 Rule 30.1) (Copy mailed to defendants Patricia Chiappetta and John Chiappetta at: 25608 Chardon Road, Richmond Heights, OH 44143)(P,J)
July 6, 2007 Filing 23 Consent of the parties to this case being transferred to the docket of Magistrate Judge James S. Gallas for all further proceedings and the entry of judgment signed by Judge Peter C. Economus on 7/6/07.(R,Li)
July 5, 2007 Filing 22 Report of Parties' Planning Meeting. Parties CONSENT to this case being assigned to the magistrate judge. filed by Washington Mutual Bank, Director of Transportation of The State of Ohio, United States Department of Justice. (Polly-Murphy, Michelle)
July 3, 2007 Filing 21 Motion to attend Case Management Conference by telephone filed by Infinity Construction Co., Inc.. (Haymond, Daniel)
June 29, 2007 Filing 20 Notice of Substitution of Counsel removing attorney Joseph T. Chapman and adding attorney Jack S. Curtis filed by on behalf of Director of Transportation of The State of Ohio. (Curtis, Jack)
June 19, 2007 Filing 19 Notice of Magistrate Consent form (BR,S)
June 19, 2007 Opinion or Order Filing 18 Case Management Conference Scheduling Order with case management conference to be held on 7/12/2007 at 11:00 AM at Chambers 313 before Judge Hon. Peter C. Economus. Signed by Judge Peter C. Economus on 6/19/07. (Attachments: #1 Planning Report)(BR,S)
May 18, 2007 Filing 17 Answer to Complaint filed by United States Department of Justice. Related document(s) #1 . (Kopp, William)
April 30, 2007 Filing 16 Answer to Complaint (Related Doc #1 ) filed by Patricia A. Chiappetta. (S,J)
April 27, 2007 Filing 15 Answer to Complaint (Related Doc #1 ) filed by Director of Transportation of The State of Ohio. (Attachments: #1 Exhibit)(Chapman, Joseph)
April 24, 2007 Filing 14 Answer to Crossclaim filed by Washington Mutual Bank. (Polly-Murphy, Michelle)
April 24, 2007 Filing 13 Attorney Appearance by Steven E. Elder and Michelle L. Polly-Murphy filed by on behalf of Washington Mutual Bank. (Polly-Murphy, Michelle) Modified on 4/27/2007 (G, D).
April 6, 2007 Filing 12 Return of Service Executed upon The United States of America Department of Justice by Certified Mail on 3-19-07 filed by Washington Mutual Bank (Williams, Kevin)
April 6, 2007 Opinion or Order Order [non-document] granting Defendant, Patricia A. Chiappetta's (Related Document #10 ) Motion for Extension of Time to file Answer until 4/30/2007. Approved by Judge Peter C. Economus on 4/6/07.(BR,S) Modified text on 4/9/2007 (B, B).
April 5, 2007 Filing 11 Return of Service Executed upon Patricia A. Chiappetta; John D. Chiappetta by Private Process Server through Patricia Chiappetta on 3-19-07; Infinity Construction Co., Inc. by Private Process Server through Karen Benke, authorized agent on 3-19-07; The United States of America Department of Justice by Private Process Server through Mary Garcia, authorized agent on 3-19-07 filed by Washington Mutual Bank (Williams, Kevin) Modified text on 4/9/2007 (B, B).
April 5, 2007 Filing 10 Motion for 30 day extension of time to answer filed by Patricia A. Chiappetta. (C,KA)
March 26, 2007 Filing 9 Return of Service Executed upon Director of Transportation of The State of Ohio by Certified Mail on 3-16-07 filed by Washington Mutual Bank (Williams, Kevin)
March 23, 2007 Filing 8 Corporate Disclosure Statement filed by Infinity Construction Co., Inc.. (Haymond, Daniel)
March 23, 2007 Filing 7 Answer to Complaint (Related Doc #1 ), Crossclaim against all parties filed by Infinity Construction Co., Inc.. (Attachments: #1 Exhibit Certificate of Judgment)(Haymond, Daniel)
March 22, 2007 Filing 6 Notice of Filing Merger Documents filed by Washington Mutual Bank. (Attachments: #1 Exhibit A - Merger Documents)(Williams, Kevin) Modified text on 3/26/2007 (B, B).
March 9, 2007 Filing 5 Summons and Magistrate Consent Form issued to counsel for service upon Patricia A. Chiappetta, John D. Chiappetta, Infinity Construction Co., Inc., Director of Transportation of The State of Ohio, and The United States of America Department of Justice. (Attachments: #1 Summons John Chiappetta#2 Summons Infinity Construction#3 Summons Director of Transportation#4 Summons DOJ - Atty General#5 Summons DOJ - Ohio#6 Magistrate Consent Form) (K, K) Modified on 3/9/2007 (K, K).
March 9, 2007 Judge Peter C. Economus assigned to case. (K, K)
March 9, 2007 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Gallas. (K, K)
March 9, 2007 Notice of Compliance with General Order 2006-16, Section 1.2. (K, K)
March 8, 2007 Filing 4 Affidavit for Adjustable Rate filed by Washington Mutual Bank. (Williams, Kevin) Modified text on 3/12/2007 (B, B).
March 8, 2007 Filing 3 Affidavit for Foreclosure Compliance filed by Washington Mutual Bank. (Attachments: #1 Exhibit A)(Williams, Kevin) Modified text on 3/12/2007 (B, B).
March 8, 2007 Filing 2 Corporate Disclosure Statement filed by Washington Mutual Bank. (Attachments: #1 Exhibit A)(Williams, Kevin)
March 8, 2007 Filing 1 Complaint for Foreclosure against all defendants ( Filing fee 350 receipt number 2367765.). Filed by Washington Mutual Bank. (Attachments: #1 Exhibit A - Note#2 Exhibit B - Mortgage#3 Exhibit C - PJR#4 Summons Patricia#5 Summons John#6 Summons Infinity#7 Summons State of Ohio#8 Summons US in DC#9 Summons US in OH#10 Civil Cover Sheet)(Williams, Kevin)

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Search for this case: JP Morgan Chase Bank, N.A. v. Chiappetta et al
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Plaintiff: Washington Mutual Bank
Represented By: Kevin L. Williams
Represented By: Michelle L. Polly-Murphy
Represented By: Steven E. Elder
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Plaintiff: JP Morgan Chase Bank, N.A.
Represented By: Daniel C. Gibson
Represented By: Kevin L. Williams
Represented By: Kevin Lane Williams
Represented By: Kyle E. Timken
Represented By: Michelle L. Polly-Murphy
Represented By: Nelson M. Reid
Represented By: Steven E. Elder
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Defendant: Patricia A. Chiappetta
Represented By: Grace M. Doberdruk
Represented By: Marc E. Dann
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Defendant: John D. Chiappetta
Represented By: Grace M. Doberdruk
Represented By: Marc E. Dann
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Defendant: Infinity Construction Co., Inc.
Represented By: Daniel M. Haymond
Represented By: Robert S. Lewis
Represented By: William J. Hubbard
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Defendant: Director of Transportation of The State of Ohio
Represented By: Alison L. Archer
Represented By: Jack S. Curtis
Represented By: Joseph T. Chapman
Represented By: Kenneth Boukis
Represented By: Melanie Cornelius
Represented By: Patricia D. Lazich
Represented By: William T. Hohmann
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Defendant: United States Department of Justice
Represented By: Marlon A. Primes_AUSA
Represented By: William J. Kopp
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Intervenor: FirstMerit Bank, N.A.
Represented By: John A. Polinko
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Intervenor: American First Federal Inc.
Represented By: Mark R. Lembright
Represented By: Amelia A. Bower
Represented By: April O. Davis
Represented By: Benjamin D. Carnahan
Represented By: David L. VanSlyke
Represented By: John A. Polinko
Represented By: Sandor W. Sternberg
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Petitioner: Jonathan Lee Riches doing business as Laurence John Layton
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Interested party: Joseph McGrath
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