Sinclair v. Secretary, Department of Housing and Urban Development et al
Plaintiff: John Sinclair, Allan Straughn, Dollie Straughn and BAC Home Loan Servicing, LP
Defendant: Secretary, Department of Housing and Urban Development, Bank of America, N.A., BAC Home Loans Servicing, LP, Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, T J Evans, Tabitha Oliver, Unknown Spouse of TJ Evans and Unknown Spouse of Tabitha C. Oliver
Case Number: 1:2011cv00010
Filed: January 5, 2011
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HAMILTON
Presiding Judge: Timothy S Black
Referring Judge: Karen L Litkovitz
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 13, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2012 Opinion or Order Filing 72 STIPULATION AND ENTRY OF DISMISSAL. The Status Conference set for 12/14/2012 is VACATED. Signed by Judge Timothy S. Black on 12/13/2012. (mr1)
December 10, 2012 Opinion or Order NOTICE of Hearing: A Status Conference by telephone is set for 12/14/2012 at 11:30 a.m. before Judge Timothy S. Black. COUNSEL SHALL CALL 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Associated Cases: 1:11-cv-00010-TSB-KLL, 1:11-cv-00079-TSB-KLL (mr1)
October 10, 2012 Opinion or Order Minute Entry for proceedings before Judge Timothy S. Black. The cases 1:11-cv-10 and 1:11-cv-79 came before the Court for a settlement conference. Attorneys John Schrider, Steven Sharpe, and Brian C. Howe were present with Plaintiffs John Sinclair, Allan Straughn, and Dollie Straughn. Attorneys Scott King and James Wertheim were present with Bank of America representative Lena Ayvazian. The cases settled. The parties memorialized their agreement. (Court Reporter Maryann Maffia (Official).) (mr1)
September 10, 2012 Opinion or Order Notation Order: This civil action is before the Court on the parties' joint motion for extension of time. (Doc. 78 ). For good cause shown, the motion is hereby GRANTED. The Calendar Order is amended as follows: Discovery deadline: 12/1/12; Dispositive motion deadline: 1/2/13. IT IS SO ORDERED by Judge Timothy S. Black on 9/10/12. (mr1)
September 7, 2012 Opinion or Order Filing 70 Joint MOTION for Extension of Time New date requested 12/1/2012. by Counter Defendants BAC Home Loan Servicing, LP, John Sinclair, Allan Straughn, Dollie Straughn, BAC Home Loan Servicing, LP, Plaintiffs BAC Home Loan Servicing, LP, John Sinclair, Allan Straughn, Dollie Straughn, BAC Home Loan Servicing, LP, Defendants BAC Home Loans Servicing, LP, Bank of America, N.A., T J Evans, Tabitha Oliver, T J Evans, Tabitha Oliver, Counter Claimants BAC Home Loans Servicing, LP, Bank of America, N.A., T J Evans, Tabitha Oliver, T J Evans, Tabitha Oliver, Cross Claimants T J Evans, Tabitha Oliver, T J Evans, Tabitha Oliver. Associated Cases: 1:11-cv-00010-TSB-KLL, 1:11-cv-00079-TSB-KLL (Sharpe, Steven)
August 31, 2012 Opinion or Order Filing 69 ORDER SETTING SETTLEMENT CONFERENCE. This case is set for a settlement conference on October 10, 2012 at 10:00 a.m., Cincinnati Courthouse, Room 815 before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 8/31/12. (mr1)
August 17, 2012 Opinion or Order Filing 68 NOTICE by Plaintiff John Sinclair of Substitution of New Trial Counsel (Dettmer Slye, Caroline)
August 16, 2012 Opinion or Order Filing 67 NOTICE of Appearance by Brian C Howe for Plaintiffs John Sinclair, Allan Straughn, Dollie Straughn, Counter Defendants John Sinclair, Allan Straughn, Dollie Straughn Associated Cases: 1:11-cv-00010-TSB-KLL, 1:11-cv-00079-TSB-KLL (Howe, Brian)
August 14, 2012 Opinion or Order NOTICE of Hearings: A Status Conference by telephone is set for 1/7/2013 at 10:30 a.m. before Judge Timothy S. Black. COUNSEL SHALL CALL 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. The Final Pretrial Conference set for 3/7/2013 is VACATED and RESCHEDULED for 4/1/2013 at 1:00 p.m. in Cincinnati Chambers, Room 815 before Judge Timothy S. Black. The Jury Trial set for 4/16/2013 is VACATED and RESCHEDULED to commence on 4/8/2013 at 9:30 a.m. in Cincinnati Courtroom 3, Room 836 before Judge Timothy S. Black. (mr1)
August 9, 2012 Opinion or Order Filing 66 ORDER OF TRANSFER. Case transferred to Judge Timothy S. Black for all further proceedings. Chief Judge Susan J. Dlott no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 8/9/12.(mtw)
August 9, 2012 Opinion or Order Judge Timothy S. Black added. Chief Judge Susan J. Dlott no longer assigned to case. (mtw)
August 3, 2012 Opinion or Order Filing 65 ORDER TRANSFERRING CASE TO CHIEF JUDGE FOR REASSIGNMENT. Case transferred to Chief Judge Susan J. Dlott for reassignment. Judge S Arthur Spiegel no longer assigned to case. Signed by Judge S Arthur Spiegel on 8/3/2012. (km1)
May 16, 2012 Opinion or Order Filing 64 NOTICE of Appearance by Maria Candace Burnette for Counter Defendants BAC Home Loan Servicing, LP, BAC Home Loan Servicing, LP, Plaintiffs BAC Home Loan Servicing, LP, BAC Home Loan Servicing, LP, Defendants BAC Home Loans Servicing, LP, Bank of America, N.A., Counter Claimants BAC Home Loans Servicing, LP, Bank of America, N.A. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Burnette, Maria)
March 14, 2012 Opinion or Order Filing 63 ORDER granting (62) Unopposed Motion for a Six Month Extension of the Scheduling Order in case 1:11-cv-00010-SAS-KLL; granting (59) Motion for a Six Month Extension of the Scheduling Order in case 1:11-cv-00079-SAS-KLL. The Court VACATES the current schedule and sets the following: discovery to be completed by 11/1/2012. Dispositive motions due by 12/1/2012. Final Pretrial Conference to be held on 3/7/2013 at 2:00 PM. Jury Trial to begin on 4/165/2013 at 9:30 AM. Signed by Judge S Arthur Spiegel on 3/13/2012. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (km1)
March 14, 2012 Opinion or Order Set/Reset Cincinnati PPTO Deadlines: Discovery due by 11/1/2012. Dispositive Motions not directed to pleadings due by 12/1/2012. Final Pretrial Conference set for 3/7/2013 02:00 PM. Jury Trial set for 4/16/2013 09:30 AM on an on-deck basis. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (km1)
February 17, 2012 Opinion or Order Filing 62 Unopposed MOTION to Continue Scheduling Order by Plaintiff John Sinclair. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Dettmer Slye, Caroline)
February 8, 2012 Opinion or Order Filing 61 NOTICE of Hearing: Status Conference set for 3/7/2012 03:00 PM in Chambers before Judge S Arthur Spiegel. Counsel shall have their client or representative with full settlement authority available either by telephone or in person. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (km1)
January 27, 2012 Opinion or Order Filing 60 REPLY to Response to Motion re #52 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James)
January 12, 2012 Opinion or Order Filing 59 ANSWER to #55 Amended Answer to Complaint, Counterclaim filed by John Sinclair. (Dettmer Slye, Caroline)
January 10, 2012 Opinion or Order Filing 58 RESPONSE in Opposition re #52 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff John Sinclair. ORAL ARGUMENT REQUESTED (Dettmer Slye, Caroline) Modified on 1/11/2012 - To include request for scheduling of oral argument (tt).
January 3, 2012 Opinion or Order Filing 57 NOTATION ORDER granting #56 Unopposed Motion for Extension of Time to File Response re #52 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction. Plaintiffs' Response due by 1/10/2012. Signed by Judge S Arthur Spiegel on 1/3/2012. (km1)
December 29, 2011 Opinion or Order Filing 56 Unopposed MOTION for Extension of Time to File Response/Reply as to #52 MOTION to Dismiss for Lack of Jurisdiction New date requested 1/10/2012. by Plaintiff John Sinclair. (Attachments: #1 Text of Proposed Order) (Dettmer Slye, Caroline)
December 23, 2011 Opinion or Order Filing 55 AMENDED ANSWER to #12 Amended Complaint , COUNTERCLAIM against John Sinclair, Allan Straughn, Dollie Straughn by Plaintiffs John Sinclair, Allan Straughn, Dollie Straughn. (Wertheim, James)
December 8, 2011 Opinion or Order Filing 54 ANSWER to #12 Amended Complaint filed by BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James)
December 8, 2011 Opinion or Order Filing 53 MEMORANDUM IN SUPPORT re #52 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James) Modified Docket Text to Clarify on 12/12/2011 (km1).
December 8, 2011 Opinion or Order Filing 52 MOTION to Dismiss for Lack of Jurisdiction by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. Responses due by 1/3/2012 (Wertheim, James)
December 6, 2011 Opinion or Order Filing 51 ORDER granting #50 Unopposed Motion for Extension of Time to Answer Plantiffs' Amended Complaint. Defendants BAC Home Loans Servicing, LP and Bank of America, N.A. answer due 12/8/2011. Signed by Judge S Arthur Spiegel on 12/6/2011. (km1)
December 2, 2011 Opinion or Order Filing 50 MOTION for Extension of Time to File Answer re (4 in 1:11-cv-00079-SAS-KLL, 4 in 1:11-cv-00079-SAS-KLL, 4 in 1:11-cv-00079-SAS-KLL) Amended Answer to Complaint, Crossclaim, Counterclaim,,, (12 in 1:11-cv-00010-SAS-KLL) Amended Complaint New date requested 12/8/2011. by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Wertheim, James)
November 23, 2011 Opinion or Order Filing 49 ORDER deferring ruling on #43 Motion to Deposit Monthly Mortgage Payments. In order to reach a decision on this matter, the Court will conduct a status conference on 1/17/2012 at 11:00 AM. All parties, in both consolidated cases, should be present with settlement authority. If the parties are unable to reach settlement at said conference, this matter will proceeding according to the following schedule: discovery is to be completed by 3/19/2012; dispositive motions are due by 4/2/2012; final pretrial conference set for 5/1/2012 at 2:00 PM; and trial is set for 5/22/2012. Signed by Judge S Arthur Spiegel on 11/22/2011. (km1)
November 23, 2011 Opinion or Order Set/Reset Cincinnati PPTO Deadlines: Status Conference set for 1/17/2012 11:00 AM in Chambers before Judge S Arthur Spiegel. Discovery due by 3/19/2012. Dispositive Motions not directed to pleadings due by 4/2/2012. Final Pretrial Conference set for 5/1/2012 02:00 PM before Judge S Arthur Spiegel. Jury Trial set for 5/22/2012 09:30 AM before Judge S Arthur Spiegel. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (km1)
November 17, 2011 Opinion or Order Filing 48 NOTATION ORDER granting #47 Unopposed Motion for Extension of Time to Answer re #12 Amended Complaint. BAC Home Loans Servicing, LP answer due 12/2/2011; Bank of America, N.A. answer due 12/2/2011. Signed by Judge S Arthur Spiegel on 11/17/2011. (km1)
November 16, 2011 Opinion or Order Filing 47 Unopposed MOTION for Extension of Time to File Answer re #12 Amended Complaint New date requested 12/2/2011. by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James)
November 15, 2011 Opinion or Order Filing 46 REPLY to Response to Motion re #43 MOTION to Deposit Funds Monthly Mortgage Payments filed by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James)
November 4, 2011 Opinion or Order Filing 45 OPINION AND ORDER granting #24 Government Defendant's Motion to Dismiss in lead Sinclair case, which necessarily resolves, in like fashion, the motion to dismiss homeowners' cross-claim filed before consolidation and left pending in the related Evans case (doc. 29 in 1:11-cv-00079). With respect to the motion to dismiss filed by the Lender Defendants in the lead Sinclair case #22 , the Court GRANTS their motion to dismiss as to the first (denial of due process) and the fifth (infliction of emotional distress) claims for relief but DENIES their motion to dismiss as to the second (breach of contract), the third (breach of fiduciary duty and the fourth (breach of covenant of good faith and fair dealing claims). These rulings necessarily resolve, in like fashion, the motion to dismiss the homeowners' counterclaims filed before consolidation left pending in the related Evans case (doc. 5 in 1:11-cv-00079). Signed by Judge S Arthur Spiegel on 11/4/2011. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (km1) Modified Docket Text to clarify on 11/4/2011 (km1).
October 28, 2011 Opinion or Order Filing 44 RESPONSE in Opposition re (43 in 1:11-cv-00010-SAS-KLL) MOTION to Deposit Funds Monthly Mortgage Payments filed by Plaintiff John Sinclair. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Dettmer Slye, Caroline)
October 19, 2011 Opinion or Order Filing 43 MOTION to Deposit Funds Monthly Mortgage Payments by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James)
August 17, 2011 Opinion or Order Minute Entry for proceedings held before Judge S Arthur Spiegel: Motion Hearing held on 8/17/2011 re MOTIONS TO DISMISS ( #22 #24 in 1:11-cv-00010; #5 #29 in 1:11-cv-00079). Counsel present. Arguments heard. Matters taken under advisement; written Opinion to follow. (Court Reporter Luke Lavin (Official).) Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (km1)
August 16, 2011 Opinion or Order Filing 42 NOTICE by Cross Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development, Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development, Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development Letter Regarding Recent HUD-BAC Settlement Agreement (Attachments: #1 Exhibit) Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Cohen, Bradley)
August 9, 2011 Opinion or Order Filing 41 NOTICE of Appearance by Bradley H Cohen for Cross Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development, Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development, Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Cohen, Bradley)
July 28, 2011 Opinion or Order Filing 40 REPLY to Response to Motion re (29 in 1:11-cv-00079-SAS-KLL, 29 in 1:11-cv-00079-SAS-KLL) MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , (24 in 1:11-cv-00010-SAS-KLL, 24 in 1:11-cv-00010-SAS-KLL) MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cross Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development, Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development, Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Straus, Julie)
July 27, 2011 Opinion or Order Filing 39 REPLY to Response to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James)
July 12, 2011 Opinion or Order Filing 38 ORDER granting #37 Unopposed Motion for Extension of Time to File Reply Memorandum in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Defendants Bank of America, NA and BAC Home Loans Servicing LP reply memo due by 7/28/2011. Signed by Judge S Arthur Spiegel on 7/12/2011. (km1)
July 8, 2011 Opinion or Order Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 7/28/2011 by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Attachments: #1 Text of Proposed Order) Modified Docket Text to Clarify on 7/8/2011 (km1).
June 29, 2011 Opinion or Order Filing 36 NOTICE of Hearing on Motion re PENDING MOTIONS TO DISMISS [DOCS 22 AND 24 IN 1:11-CV-00010] [DOCS. 5 AND 29 IN 1:11-CV-00079]: Motions Hearing set for 8/17/2011 10:30 AM in Courtroom 842 before Judge S Arthur Spiegel. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (km1)
June 27, 2011 Opinion or Order Filing 35 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff John Sinclair. (Dettmer Slye, Caroline)
June 27, 2011 Opinion or Order Filing 34 RESPONSE in Opposition re (29 in 1:11-cv-00079-SAS-KLL, 29 in 1:11-cv-00079-SAS-KLL) MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , (24 in 1:11-cv-00010-SAS-KLL, 24 in 1:11-cv-00010-SAS-KLL) MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff John Sinclair. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Dettmer Slye, Caroline)
June 22, 2011 Opinion or Order Filing 33 NOTATION ORDER granting #32 Unopposed Motion for Leave to File Excess Pages in Response to Government Defendants' Motions to Dismiss #24 . Signed by Judge S Arthur Spiegel on 6/22/2011. (km1)
June 21, 2011 Opinion or Order Filing 32 Unopposed MOTION for Leave to File Excess Pages in Response to Government Defendants' Motions to Dismiss by Counter Claimant T J Evans, Plaintiff John Sinclair. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Dettmer Slye, Caroline)
May 27, 2011 Opinion or Order Filing 31 NOTICE of Supplemental Authority in Support of #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A. re (22 in 1:11-cv-00010-SAS-KLL) (Attachments: #1 Exhibit Exhibit A - BAC Home Loans Servicing, LP v. Karner, et al. - Order Granting Plaintiff's Motion to Dismiss Counterclaims) (Wertheim, James) Modified to clarify docket text on 6/1/2011 (lk).
May 26, 2011 Opinion or Order Filing 30 ORDER granting #28 Consent Motion for Extension of Time to File Response/Reply re #24 MOTION to Dismiss Amended Complaint. Plaintiffs' Response due by 6/27/2011. Government Defendants' Reply Memorandum due by 7/28/2011. Signed by Judge S Arthur Spiegel on 5/26/2011. (km1)
May 26, 2011 Opinion or Order Filing 29 ORDER granting #27 Unopposed Motion for Extension of Time to File Response re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Amended Complaint. Plaintiffs' Response due by 6/27/2011. Signed by Judge S Arthur Spiegel on 5/26/2011. (km1)
May 26, 2011 Opinion or Order Filing 28 Joint MOTION for Extension of Time to File Response/Reply as to (24 in 1:11-cv-00010-SAS-KLL, 24 in 1:11-cv-00010-SAS-KLL) MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 6/27/2011. by Plaintiff John Sinclair. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Dettmer Slye, Caroline)
May 26, 2011 Opinion or Order Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to (22 in 1:11-cv-00010-SAS-KLL) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 6/27/2011. by Plaintiff John Sinclair. Associated Cases: 1:11-cv-00010-SAS-KLL, 1:11-cv-00079-SAS-KLL (Dettmer Slye, Caroline)
May 13, 2011 Opinion or Order Filing 26 OPINION AND ORDER granting #13 Plaintiff's Motion to Consolidate Cases; granting #15 HUD Defendants' Motion to Consolidate Cases. Pursuant to FRCP 42(a), the Court finds that judicial economy is best served by consolidating this case with case no. 1:11-cv-00079 and DIRECTS the Clerk's Office to consolidate the two cases, transferring case no. 1:11-cv-00079 to this Court. Signed by Judge S Arthur Spiegel on 5/12/2011. (km1)
May 5, 2011 Opinion or Order Filing 25 REPLY to Response to Motion re #15 MOTION to Consolidate Cases filed by Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development. (Straus, Julie)
May 2, 2011 Opinion or Order Filing 24 MOTION to Dismiss for Lack of Jurisdiction (Responses due by 5/26/2011), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #12 Amended Complaint by Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development. (Attachments: #1 Memorandum in Support of Motion) (Straus, Julie) Modified to edit text and create link on 5/3/2011 (mr).
May 2, 2011 Opinion or Order Filing 23 MEMORANDUM IN SUPPORT re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A. (Wertheim, James) Modified to edit text on 5/3/2011 (mr).
May 2, 2011 Opinion or Order Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re: #12 Amended Complaint by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A. (Wertheim, James) Modified to edit text and to create link on 5/3/2011 (mr).
May 2, 2011 Opinion or Order Filing 21 REPLY to Response to Motion re #13 MOTION to Consolidate Cases filed by Plaintiffs John Sinclair, Allan Straughn, Dollie Straughn. (Attachments: #1 Exhibit Unreported cases cited in brief) (Dettmer Slye, Caroline)
April 18, 2011 Opinion or Order Filing 20 RESPONSE in Opposition re #13 MOTION to Consolidate Cases , #15 MOTION to Consolidate Cases filed by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Attachments: #1 Exhibit A - Memorandum in Opposition) (Wertheim, James)
April 12, 2011 Opinion or Order Filing 19 ORDER granting #18 Consent Motion for Extension of Time to Answer - Assistant Secretary, Department of Housing and Urban Development answer due 5/2/2011; Department of Housing and Urban Development answer due 5/2/2011; Secretary, Department of Housing and Urban Development answer due 5/2/2011. Signed by Judge S Arthur Spiegel on 4/11/2011. (km1)
April 7, 2011 Opinion or Order Filing 18 Consent MOTION for Extension of Time to File Answer re #12 Amended Complaint New date requested 5/2/2011. by Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development. (Straus, Julie)
April 7, 2011 Opinion or Order Reset Deadlines: BAC Home Loans Servicing, LP answer due 5/2/2011; Bank of America, N.A. answer due 5/2/2011. (lk)
April 6, 2011 Opinion or Order Filing 17 STIPULATION re #12 Amended Complaint Stipulated Extension of Time to Move, Plead or Otherwise Respond to Plaintiffs' First Amended Complaint by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James)
March 25, 2011 Opinion or Order Filing 16 RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff John Sinclair. (Dettmer Slye, Caroline)
March 23, 2011 Opinion or Order Filing 15 MOTION to Consolidate Cases by Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development. (Straus, Julie)
March 23, 2011 Opinion or Order Filing 14 NOTICE of Appearance by Julie Straus for Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development (Straus, Julie)
March 23, 2011 Opinion or Order Filing 13 MOTION to Consolidate Cases by Plaintiff John Sinclair. (Dettmer Slye, Caroline)
March 23, 2011 Opinion or Order Filing 12 AMENDED COMPLAINT against All Defendants, filed by Plaintiffs. (Attachments: #1 Exhibit Mortgage Documents) (Dettmer Slye, Caroline) Modified to clarify filer details on 3/24/2011 (sct1).
March 4, 2011 Opinion or Order Filing 11 Memorandum in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James) Modified to clarify docket text on 3/8/2011 (jlw1).
March 4, 2011 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants BAC Home Loans Servicing, LP, Bank of America, N.A.. (Wertheim, James)
March 2, 2011 Opinion or Order Filing 9 NOTATION ORDER granting #8 Motion for Extension of Time to Answer - Assistant Secretary, Department of Housing and Urban Development answer due 4/8/2011; Department of Housing and Urban Development answer due 4/8/2011; Secretary, Department of Housing and Urban Development answer due 4/8/2011. Signed by Judge S Arthur Spiegel on 3/1/2011. (km1)
February 25, 2011 Opinion or Order Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 4/8/2011. by Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development. (Pantel, Nicholas)
February 14, 2011 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed. Waiver sent to BAC Home Loans Servicing, LP on 1/5/2011, answer due 3/7/2011; Bank of America, N.A. on 1/5/2011, answer due 3/7/2011. (Dettmer Slye, Caroline)
January 21, 2011 Opinion or Order Filing 6 SUMMONS Returned Executed as to Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development c/o U.S. Attorney General. (lk1)
January 18, 2011 Opinion or Order Filing 5 SUMMONS Returned Executed as to Defendant Secretary, Department of Housing and Urban Development. (lk1)
January 10, 2011 Opinion or Order Filing 4 SUMMONS Returned Executed as to Defendants Assistant Secretary, Department of Housing and Urban Development, Department of Housing and Urban Development, Secretary, Department of Housing and Urban Development c/o U.S. Attorney on 01/07/2011. Answer due 03/08/2011. (lk1) Modified to clarify docket text on 1/13/2011 (mtw1).
January 6, 2011 Opinion or Order Filing 3 Certificate of Mailing by Clerk of #1 Complaint and #2 Summons (mtw1)
January 5, 2011 Opinion or Order Filing 2 Summons Issued as to Assistant Secretary, Department of Housing and Urban Development; Secretary, Department of Housing and Urban Development; and Department of Housing and Urban Development. (lk1) Modified to correct party names on 1/5/2011 (lk1).
January 5, 2011 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against BAC Home Loans Servicing, LP; Bank of America, N.A.; Assistant Secretary, Department of Housing and Urban Development; Department of Housing and Urban Development; and Secretary, Department of Housing and Urban Development, filed by John Sinclair. (Attachments: #1 Exhibits A-B, #2 Civil Cover Sheet, #3 Filing Fee Receipt) (lk1) Modified to correct party names on 1/5/2011 (lk1).
January 5, 2011 Opinion or Order Filing fee: $ 350.00, receipt number 100CIN010506 (lk1)
January 5, 2011 Opinion or Order Pursuant to Order of General Reference filed on March 25, 1991, Magistrate Judge Karen L. Litkovitz added for purposes of discovery. (lk1)

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Search for this case: Sinclair v. Secretary, Department of Housing and Urban Development et al
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Plaintiff: John Sinclair
Represented By: John Egnew Schrider, Jr.
Represented By: Steven Raymond Sharpe
Represented By: Brian C Howe
Represented By: Carrie Dettmer Slye
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Plaintiff: Allan Straughn
Represented By: Brian C Howe
Represented By: John Egnew Schrider, Jr.
Represented By: Steven Raymond Sharpe
Represented By: Carrie Dettmer Slye
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Plaintiff: Dollie Straughn
Represented By: John Egnew Schrider, Jr.
Represented By: Steven Raymond Sharpe
Represented By: Brian C Howe
Represented By: Carrie Dettmer Slye
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Plaintiff: BAC Home Loan Servicing, LP
Represented By: Erin M Alkire
Represented By: Matthew Charles Gladwell
Represented By: Rebecca N Algenio
Represented By: Maria Candace Burnette
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Defendant: Secretary, Department of Housing and Urban Development
Represented By: Bradley H Cohen
Represented By: Nicholas John Pantel
Represented By: Julie Straus
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Defendant: Bank of America, N.A.
Represented By: Maria Candace Burnette
Represented By: James S Wertheim
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Defendant: BAC Home Loans Servicing, LP
Represented By: James S Wertheim
Represented By: Maria Candace Burnette
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Defendant: Assistant Secretary, Department of Housing and Urban Development
Represented By: Bradley H Cohen
Represented By: Nicholas John Pantel
Represented By: Julie Straus
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Defendant: Department of Housing and Urban Development
Represented By: Nicholas John Pantel
Represented By: Bradley H Cohen
Represented By: Julie Straus
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Defendant: T J Evans
Represented By: Carrie Dettmer Slye
Represented By: John Egnew Schrider, Jr.
Represented By: Steven Raymond Sharpe
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Defendant: Tabitha Oliver
Represented By: Carrie Dettmer Slye
Represented By: John Egnew Schrider, Jr.
Represented By: Steven Raymond Sharpe
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Defendant: Unknown Spouse of TJ Evans
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Defendant: Unknown Spouse of Tabitha C. Oliver
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