Wimmer v. Gateway Funding Diversified Mortgage Services, L.P.
| Michael J. Wimmer |
| Mark W. Morgan and Gateway Funding Diversified Mortgage Services, L.P. |
| 1:2015cv00241 |
| April 10, 2015 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| WARREN |
| Susan J Dlott |
| Labor: Other |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on November 3, 2016. A more recent docket listing may be available from PACER.
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Filing 35
ORDER DISMISSING CASE with prejudice provide that any of the parties, upon good cause shown, not later than 1/2/17 reopen the action if settlement is not consummated. Signed by Judge Susan J. Dlott on 11/3/16. Associated Cases: 1:15-cv-00241-SJD, 1:15-cv-00601-SJD (wam)
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| Filing 34 Minute Entry for proceedings held before Judge Susan J. Dlott: Motion Hearing held on 11/3/2016 re (21 in 1:15-cv-00601-SJD, 28 in 1:15-cv-00241-SJD) MOTION to Withdraw as Attorney filed by Michael J. Wimmer, (31 in 1:15-cv-00241-SJD) Amended MOTION to Withdraw as Attorney filed by Michael J. Wimmer. The hearing turned into a settlement conference and the case settled. 60 day conditional order of dismissal to follow. (Court Reporter: Julie Wolfer) Associated Cases: 1:15-cv-00241-SJD, 1:15-cv-00601-SJD (wam) |
| Filing 33 REPLY to Response to Motion re #27 MOTION for Extension of Time to Complete Discovery New date requested 11/11/2016. filed by Defendants Gateway Funding Diversified Mortgage Services, L.P., Mark W. Morgan. (Attachments: #1 Exhibit A - Letter from IRS) (McIntyre, M) |
| Filing 32 RESPONSE to Motion re #28 MOTION to Withdraw as Attorney , #31 Amended MOTION to Withdraw as Attorney filed by Defendants Gateway Funding Diversified Mortgage Services, L.P., Mark W. Morgan. (McIntyre, M) |
| Filing 31 Amended MOTION to Withdraw as Attorney by Plaintiff Michael J. Wimmer. Responses due by 11/10/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order) (Skinner, Daniel) |
| NOTICE of Hearing on Motion #28 MOTION to Withdraw as Attorney : Motion Hearing has been RESET for 11/3/2016 at 2:00 PM in Courtroom 7 - Cincinnati before Judge Susan J. Dlott. (wam) |
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Filing 30
Order setting Hearing on Motion #28 MOTION to Withdraw as Attorney : Motion Hearing set for 10/27/2016 10:30 AM in Courtroom 7 - Cincinnati before Judge Susan J. Dlott. Counsel is directed to advise pltf by certified mail of the hearing. Failure of pltf to appear may be grounds for dismissal of this action for want of prosecution. (wam)
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| Filing 29 RESPONSE to Motion re #27 MOTION for Extension of Time to Complete Discovery New date requested 11/11/2016. filed by Plaintiff Michael J. Wimmer, Counter Defendants Michael J. Wimmer, Michael J. Wimmer. (Attachments: #1 Exhibit Letter, #2 Text of Proposed Order) Associated Cases: 1:15-cv-00241-SJD, 1:15-cv-00601-SJD (Skinner, Daniel) Modified to clarify docket text on 10/11/2016 (jlw). |
| Filing 28 MOTION to Withdraw as Attorney ( Responses due by 10/24/2016) by Plaintiff Michael J. Wimmer, Counter Defendants Michael J. Wimmer, Michael J. Wimmer. (Attachments: #1 Exhibit, #2 Text of Proposed Order) Associated Cases: 1:15-cv-00241-SJD, 1:15-cv-00601-SJD (Skinner, Daniel) |
| Filing 27 MOTION for Extension of Time to Complete Discovery by Defendants Gateway Funding Diversified Mortgage Services, L.P., Mark W. Morgan. Responses due by 10/24/2016 (McIntyre, M) Modified docket text for clarity on 9/29/2016 (jee). |
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ORDER granting #25 Motion to Withdraw as Attorney. Attorney Ericka H. Spears terminated. Signed by Judge Susan J. Dlott on 8/22/16. (wam)
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| Filing 26 NOTICE of Appearance by Lindsay Potrafke Sadlowski for Defendants Gateway Funding Diversified Mortgage Services, L.P., Mark W. Morgan (Sadlowski, Lindsay) |
| Filing 25 MOTION to Withdraw as Attorney by Defendants Gateway Funding Diversified Mortgage Services, L.P., Mark W. Morgan. Responses due by 9/12/2016 (McIntyre, M) |
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Filing 24
PROTECTIVE ORDER. Signed by Judge Susan J. Dlott on 8/3/16. (wam)
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| Minute Entry for proceedings held before Judge Susan J. Dlott: Status Conference held on 8/3/2016. Daniel Skinner counsel for Plaintiff and Scott McIntyre counsel for the Defendant. Parties are to produce documents by 8/17/16 and counsel for pltf is to make a settlement demand by 8/17/16. AUSA Matthew Horwitz will contact counsel and if necessary assist with providing IRS documents. (Court Reporter: Julie Wolfer) (wam) |
| Filing 23 NOTICE of Hearing: Status Conference has been RESET for 8/3/2016 at 11:00 AM in Chambers before Judge Susan J. Dlott. (wam) |
| Filing 22 NOTICE of Hearing: Status Conference set for 7/21/2016 at 1:30 PM in Chambers before Judge Susan J. Dlott. (wam) |
| Minute Entry for proceedings held before Judge Susan J. Dlott: Status Conference held on 1/27/2016. Parties to contact Chambers if they would like to schedule a mediation. (Court Reporter Julie Wolfer (Official).) (wam) |
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Filing 21
ORDER granting #20 Motion for Leave to File Answer to Counterclaim Instanter. Signed by Judge Susan J. Dlott on 1/6/16. (wam)
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| Filing 20 MOTION for Leave to File Answer to Counterclaim Instanter ( Responses due by 1/25/2016) by Plaintiffs Michael J. Wimmer, Michael J. Wimmer, Counter Defendants Michael J. Wimmer, Michael J. Wimmer. (Attachments: #1 Exhibit Answer to Counterclaim) Associated Cases: 1:15-cv-00241-SJD, 1:15-cv-00601-SJD (Skinner, Daniel) |
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Filing 19
ORDER in case 1:15-cv-00241-SJD; denying (12) Motion to Dismiss counterclaim in case 1:15-cv-00601-SJD. Signed by Judge Susan J. Dlott on 12/11/15. Associated Cases: 1:15-cv-00241-SJD, 1:15-cv-00601-SJD (wam)
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Filing 18
ORDER consolidating cases 1:15-cv-241 and 1:15-cv-601. All future filings will be filed in 1:15-cv-241. Signed by Judge Susan J. Dlott on 12/4/15. (sct)
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| Minute Entry for proceedings held before Judge Susan J. Dlott: Initial Pretrial Conference held on 11/30/2015. This case is consolidated with case 1:15cv601. A telephonic status conference is set for 1/27/16 at 3:00 p.m. Discovery is bifurcated, the Court will set expert deadlines after decision on MSJ. Discovery ddl is 9/30/16. Summary Judgment Motions due 11/21/16 (wam) |
| Filing 17 Joint Discovery Plan by Defendant Gateway Funding Diversified Mortgage Services, L.P.. Responses due by 12/10/2015 (McIntyre, M) Modified docket text on 11/17/2015 (wam). |
| Filing 16 NOTICE of Hearing: Preliminary Pretrial Conference set for 11/30/2015 11:00 AM in Chambers before Judge Susan J. Dlott. (vp) |
| Filing 15 ANSWER to #1 Complaint, with Jury Demand filed by Gateway Funding Diversified Mortgage Services, L.P.. (McIntyre, M) |
| The preliminary pretrial conference scheduled for 9/29/15 at 10:00 a.m. has been VACATED. The court will issue a scheduling order or reset the PPTC. (wam) |
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Filing 14
ORDER denying #5 Motion to Dismiss or stay lawsuit. Signed by Judge Susan J. Dlott. (wam)
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| Filing 13 CERTIFICATE OF SERVICE by Defendant Gateway Funding Diversified Mortgage Services, L.P. re #10 Proposed MOTION for Discovery Plan (McIntyre, M) |
| Filing 12 CERTIFICATE OF SERVICE by Plaintiff Michael J. Wimmer re #11 Proposed MOTION for Discovery Plan (Skinner, Daniel) |
| Notice Other re Proposed Discovery Plan #11 : The document was filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the Proposed Discovery Plan when prompted. (jee) |
| Notice Other re Proposed Discovery Plan #10 : The document was filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the Proposed Discovery Plan when prompted. (jee) |
| Filing 11 Proposed Discovery Plan by Plaintiff Michael J. Wimmer. Responses due by 10/9/2015 (Skinner, Daniel) Modified on 9/16/2015 (wam). |
| Filing 10 Proposed Discovery Plan by Defendant Gateway Funding Diversified Mortgage Services, L.P.. Responses due by 10/29/2015 (McIntyre, M) Modified on 9/16/2015 (wam). |
| Filing 9 Corporate Disclosure Statement by Defendants Gateway Funding Diversified Mortgage Services, L.P., Blackstone Group, BTO Urban Holdings LLC, Finance of America LLC identifying Corporate Parent Blackstone Group, Other Affiliate BTO Urban Holdings LLC, Other Affiliate Finance of America LLC for Gateway Funding Diversified Mortgage Services, L.P... (McIntyre, M) |
| Filing 8 REPLY to Response to Motion re #5 MOTION to Dismiss filed by Defendant Gateway Funding Diversified Mortgage Services, L.P.. (Attachments: #1 Exhibit A) (McIntyre, M) |
| Filing 7 NOTICE of Hearing: Preliminary Pretrial Conference set for 9/29/2015 10:00 AM in Chambers before Judge Susan J. Dlott. (vp) |
| Filing 6 RESPONSE in Opposition re #5 MOTION to Dismiss filed by Plaintiff Michael J. Wimmer. (Attachments: #1 Exhibit A, #2 Exhibit B) (Skinner, Daniel) |
| Filing 5 MOTION to Dismiss by Defendant Gateway Funding Diversified Mortgage Services, L.P.. Responses due by 7/13/2015 (Attachments: #1 Exhibit Exhibit 1 - Plaintiff's Complaint filed with the Department of Labor, #2 Exhibit Exhibit 2 - March 6, 2015 Findings and Dismissal from the Department of Labor, #3 Exhibit Exhibit 3 Declaration of Colleen Kirkpatrick, #4 Exhibit Warren County Pending Complaint, #5 Exhibit Exhibit 5 Ohio Civil Rights Commission No Cause Determination, #6 Text of Proposed Order Text of Proposed Order) (McIntyre, M) |
| Filing 4 NOTICE of Appearance by M Scott McIntyre for Defendant Gateway Funding Diversified Mortgage Services, L.P. (McIntyre, M) |
| Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to Gateway Funding Diversified Mortgage Services, L.P. on 4/20/2015, answer due 6/19/2015. (Skinner, Daniel) |
| Filing 2 Summons Issued as to Gateway Funding Diversified Mortgage Services, L.P. (eh1) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh1) |
| Filing 1 COMPLAINT with JURY DEMAND against Gateway Funding Diversified Mortgage Services, L.P. ( Filing fee $ 400 paid - receipt number: 0648-5009159), filed by Michael J. Wimmer. (Attachments: #1 Civil Cover Sheet, #2 Summons Form) (Skinner, Daniel) |
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