Long and High Loan Holdings, LLC v. Atlas Partners, LLC et al
| Long and High Loan Holdings, LLC, Carey Realty Investments, Inc. and Citizens Bank |
| Lawrence Gunsorek, Jason Gunsorek, Atlas Partners, LLC, Western View Apartments, Inc., Cruikshank Plumbing Corporation, Byers Realty, LLC, Franklin County Treasurer and Anchor Government Assets, LLC |
| Michael J Barren |
| 2:2010cv00338 |
| April 19, 2010 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Mark R Abel |
| Michael H Watson |
| Real Property: Foreclosure |
| 12 U.S.C. § 1821 |
| None |
Docket Report
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Filing 69
ORDER of Confirmation of Sale and Distribution Nunc Pro Tunc. Signed by Judge Michael H. Watson on 4/30/13. (jk1)
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| Filing 68 MOTION for Order to Plaintiff's Motion for an Order of Confirmation of Sale and Distribution Nunc Pro Tunc by Plaintiff Long and High Loan Holdings, LLC. (Attachments: #1 Text of Proposed Order Order of Confirmation of Sale and Distribution Nunc Pro Tunc, #2 Exhibit Exhibit A - Legal Description, #3 Exhibit Exhibit B - Mortgages and Liens to be Released) (McClellan, Rand) |
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Filing 67
ORDER of Confirmation of Sale and Distribution. Signed by Judge Michael H. Watson on 3/14/13. (Attachments: #1 Exhibit A, #2 Exhibit B) (jk1)
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| Filing 66 MOTION for Order to Plaintiff's Motion for Order of Confirmation of Sale and Distribution by Plaintiff Long and High Loan Holdings, LLC. (Attachments: #1 Exhibit Exhibit to Motion - Order of Confirmation of Sale and Distribution, #2 Exhibit Exhibit A to Order - Legal Description, #3 Exhibit Exhibit B to Order - Mortgages and Liens to be Released) (McClellan, Rand) |
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Filing 65
ORDER granting #64 Plaintiff's Motion to Stay confirmation of the sale of the property. Signed by Judge Michael H. Watson on 1/24/13. (jk1)
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| Filing 64 MOTION to Stay Confirmation of Sale by Plaintiff Long and High Loan Holdings, LLC. (Attachments: #1 Exhibit Proposed Order) (McClellan, Rand) |
| Filing 63 NOTICE by Special Master Michael J Barren Notice of Deposit (Barren, Michael) |
| Filing 62 NOTICE by Plaintiff Long and High Loan Holdings, LLC Notice of Sale (Attachments: #1 Exhibit Copy of Sale Advertisement) (McClellan, Rand) |
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Filing 61
DISBURSEMENT ORDER. Signed by Judge Michael H. Watson on 11/20/12. (jk)
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| Filing 59 NOTICE by Special Master Michael J Barren Notice of Filing of Appraisals (Attachments: #1 Exhibit A - Crown Appraisal Group, #2 Exhibit B - Ohio Real Estate Consultants, #3 Exhibit C - The Robert Weiler Company) (Barren, Michael) |
| Filing fee: (Appraisal Deposit) $ 16,800, receipt number COL022812 (sr) |
| Filing 58 NOTICE by Plaintiff Long and High Loan Holdings, LLC re #55 Order on Motion for Miscellaneous Relief Notice of Filing Deposit (McClellan, Rand) |
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Filing 57
ORDER granting #56 Plaintiff's Motion for Extension of Time to submit the appraisal deposit. Signed by Judge Michael H. Watson on 6/5/12. (jk)
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| Filing 56 MOTION for Extension of Time New date requested 6/20/2012. to Deposit Appraisal Funds by Plaintiff Long and High Loan Holdings, LLC. (Attachments: #1 Text of Proposed Order) (McClellan, Rand) |
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Filing 55
ORDER denying #54 Special Master's Motion for Approval. Signed by Judge Michael H. Watson on 5/30/12. (jk1)
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| Filing 54 MOTION Motion of Special Master for Acceptance and Approval of Appraisal of Real Estate by Special Master Michael J Barren. (Barren, Michael) |
| Filing 53 NOTICE by Special Master Michael J Barren Notice of Filing of Appraisls (Attachments: #1 Exhibit Appraisal Report) (Barren, Michael) |
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Filing 52
ORDER signed by Judge Michael H. Watson on 4/18/12. (jk1)
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| Minute Entry for proceedings held before Judge Michael H. Watson: Status Conference held on 4/11/2012. (Court Reporter Darla Coulter) (jk1) |
| Filing 51 NOTICE of Hearing - Status Conference set for 4/11/2012 at 3:00 p.m. in Courtroom 3 - Columbus before Judge Michael H. Watson. (jk1) |
| Filing 50 MOTION for Hearing Motion of Special Master for Status Conference by Special Master Michael J Barren. (Barren, Michael) |
| Filing 49 AFFIDAVIT of Special Master by Special Master Michael J Barren. (Barren, Michael) |
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Filing 48
Order Directing Special Master to Proceed with Foreclosure Sale (jk)
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Filing 47
Order Appointing Special Master (jk1)
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| Filing 46 Motion for order of sale (Deposit of $ 1200 made.) by Plaintiff Long and High Loan Holdings, LLC. Responses due by 10/7/2011 (Attachments: #1 Exhibit A - Legal Description, #2 Text of Proposed Order) (McClellan, Rand) |
| Filing 45 Judgment Entry and Decree of Foreclosure (jk) |
| Filing 44 MOTION for Judgment as a Matter of Law for A Judgment Entry and Decree In Foreclosure by Plaintiff Long and High Loan Holdings, LLC. Responses due by 7/25/2011 (Attachments: #1 Exhibit A to the Motion for A Judgment Entry And Decree In Foreclosure, #2 Exhibit B to the Motion for A Judgment Entry And Decree In Foreclosure) (McClellan, Rand) |
| Filing 43 NOTICE by Plaintiff Long and High Loan Holdings, LLC of Filing Judicial Commitment for Title Insurance (Attachments: #1 Exhibit Exhibit A to the Notice of Filing Judicial Commitment) (McClellan, Rand) |
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Filing 42
ORDER granting #40 Motion to Substitute Party. Long and High Holdings, LLC is hereby SUBSTITUTED for Carey Realty Investments, Inc. Furthermore, Rand L. McClellan is substituted in this action as counsel for the new plaintiff. Signed by Magistrate Judge Mark R. Abel on 06/15/2011. (sr)
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| Filing 41 NOTICE by Plaintiff Carey Realty Investments, Inc. re #1 Complaint,,,,, of Partial Dismissal (Prince, Christy) |
| Filing 40 MOTION to Substitute Party Long And High Holdings, LLC as Plaintiff by Plaintiff Carey Realty Investments, Inc.. (Attachments: #1 Proposed Order) (Union, Stephanie) |
| Filing 39 NOTICE by Defendant Byers Realty, LLC, Cross Claimant Byers Realty, LLC of Disclaimer of Interest (Hollenbaugh, H. Ritchey) |
| Filing 38 NOTICE by Defendant Cruikshank Plumbing Corporation of Disclaimer of Interest (Leach, Donald) |
| Filing 37 DEFAULT JUDGMENT - Judgment is entered in favor of Plaintiff Carey Realty Investments, Inc., and against Defendants Atlas Partners, LLC, Western View Apartments, Inc., Anchor Government Assets, LLC, Jason Gunsorek, and Lawrence Gunsorek. (jk1) |
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Filing 36
ORDER granting #35 Plaintiff's Motion for Default Judgment. Signed by Judge Michael H. Watson on 4/6/11. (jk1)
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| Filing 35 MOTION for Default Judgment against Atlas Partners, LLC; Western View Apartments, Inc.; Anchor Government Assets, LLC; Jason Gunsorek; and Lawrence Gunsorek by Plaintiff Carey Realty Investments, Inc.. Responses due by 2/14/2011 (Union, Stephanie) |
| Filing 34 MOTION for Summary Judgment by Plaintiff Carey Realty Investments, Inc.. Responses due by 2/14/2011 (Union, Stephanie) |
| Filing 33 NOTICE by Plaintiff Carey Realty Investments, Inc. of Filing of Affidavit of Edward Burke Carey in Support of Motion for Summary Judgment and Motion for Entry of Default Judgment (Attachments: #1 Affidavit of Edward Burke Carey, #2 Exhibit A - Commercial Term Note, #3 Exhibit B - Commercial Term Note, #4 Exhibit C - Open-End Mortgage and Security Agreement, #5 Exhibit D - Amended Praecipe for Certificate of Judgment Lien, #6 Exhibit E - Praecipe for Certificate of Judgment Lien, #7 Exhibit F - Assignment of Mortgage) (Union, Stephanie) |
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Filing 32
ORDER granting #31 Plaintiff's Motion to Substitute Party and Counsel. Carey Realty Investments, Inc. added. Signed by Magistrate Judge Mark R. Abel on 1/20/2011. (er1)
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| Filing 31 MOTION to Substitute Party (and Counsel) by Plaintiff Citizens Bank. (Dodd, Stephen) |
| Set/Reset Columbus PPTO Deadlines: Dispositive motions due by 1/21/2011 per #30 (status conference order) (kk2) |
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Filing 30
STATUS CONFERENCE ORDER: Plaintiff must move for default judgment against the defaulting defendants and for summary judgment on or before January 21, 2011. Signed by Magistrate Judge Mark R. Abel on 10/26/10. (rew)
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| Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 10/13/2010. (Rubey, Rachel) |
| Filing 29 Clerk's ENTRY OF DEFAULT as to Defendants Anchor Government Assets, LLC, Atlas Partners, LLC, Jason Gunsorek, Lawrence Gunsorek, Western View Apartments, Inc. (jr1) |
| Filing 28 Application to Clerk for entry of default against Lawrence Gunsorek . (Dodd, Stephen) |
| Filing 27 Application to Clerk for entry of default against Jason Gunsorek . (Dodd, Stephen) |
| Filing 26 Application to Clerk for entry of default against Anchor Government Assets, LLC . (Dodd, Stephen) |
| Filing 25 Application to Clerk for entry of default against Western View Apartments, Inc. . (Dodd, Stephen) |
| Filing 24 Application to Clerk for entry of default against Atlas Partners, LLC . (Dodd, Stephen) |
| Filing 23 NOTICE by Defendant Cruikshank Plumbing Corporation of Withdrawal and Substitution of Counsel (Hahn, Peter) |
| Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Initial Pretrial Conference held on 6/17/2010. (Rubey, Rachel) |
| Filing 22 CERTIFICATE of mailing by Clerk : A copy of the summons and complaint was sent by ordinary mail to Lawrence Gunsorek, Western View Apartments Inc c/o Jason Gunsorek and Jason Gunsorek. (rew) Modified on 6/18/2010 to fix typo (kk2). |
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Filing 21
PRELIMINARY PRETRIAL ORDER: Joinder of Parties and Motions to Amend due by 7/30/2010. Dispositive motions due by 8/30/2010. Counsel are DIRECTED to call chambers on or before September 2, 2010 to schedule a telephone status conference if the Bank cannot file its dispositive motion by that date. Signed by Magistrate Judge Mark R. Abel on 6/17/10. (rew) Modified on 6/18/2010 to clarify text (kk2).
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| Filing 20 Alias Summons Issued as to Jason Gunsorek, Lawrence Gunsorek & Western View Apartments, Inc. (kk2) |
| Filing 19 NOTICE of Appearance by Brian T Johnson for Defendant/Cross Claimant Byers Realty, LLC (Johnson, Brian) |
| Filing 18 NOTICE of withdrawal and substitution of trial counsel by Defendant/Cross Claimant Byers Realty, LLC (Hollenbaugh, H. Ritchey) Modified on 6/16/2010 to clarify text (kk2). |
| Filing 17 RULE 26(f) REPORT by Defendants Byers Realty, LLC, Cruikshank Plumbing Corporation & Plaintiff Citizens Bank. (Dodd, Stephen) |
| Filing 16 NOTICE and Request for Issuance of Alias Summons as to Jason Gunsorek, Lawrence Gunsorek and Western View Apartments, Inc. by Plaintiff Citizens Bank re #11 Summons Returned Unexecuted, #10 Summons Returned Unexecuted, #12 Summons Returned Unexecuted (Attachments: #1 Summons Form Alias Summons as to Jason Gunsorek, #2 Summons Form Alias Summons as to Lawrence Gunsorek, #3 Summons Form Alias Summons as to Western View Apartments, Inc.) (Dodd, Stephen) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to File. Plaintiff must file the Rule 26 (f) report no later than Tuesday, June 15, 2010. Signed by Magistrate Judge Mark R. Abel on 6/11/10. (rew)
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| Filing 14 MOTION for Extension of Time to File New date requested 6/15/2010. (Rule 26(f) Report) by Plaintiff Citizens Bank. (Dodd, Stephen) |
| Filing 13 NOTICE of Hearing: Preliminary Pretrial Conference set for 6/17/2010 @ 9:30 AM before Magistrate Judge Mark R. Abel. Conf of the parties due 6/3/10; Rule 26f report of the parties due 6/10/10. (sh1) |
| Filing 12 Summons Returned Unexecuted (Unclaimed) as to Jason Gunsorek. (Attachments: #1 Exhibit, #2 Exhibit) (rew) |
| Notice of Correction re: #10 & #11 Summons Returned Unexecuted: Contents of envelope added as an attachment to docket entry, except for exhibits of complaint. (kjm1) |
| Filing 11 Summons Returned Unexecuted as to Lawrence Gunsorek. (kjm1) (Additional attachment(s) added on 5/24/2010: #1 Summons & Complaint) (kjm1). |
| Filing 10 Summons Returned Unexecuted as to Western View Apartments, Inc. (kjm1) (Additional attachment(s) added on 5/24/2010: #1 Summons & Complaint) (kjm1). |
| Filing 9 ANSWER to #1 Complaint,,,,,, CROSSCLAIM against Atlas Partners, LLC, Citizens Bank, Cruikshank Plumbing Corporation, Franklin County Treasurer, Western View Apartments, Inc. filed by Byers Realty, LLC. (Attachments: #1 Exhibit A - D) (Hollenbaugh, H. Ritchey) |
| Filing 8 SUMMONS Returned Executed on Defendant Atlas Partners, LLC. Atlas Partners, LLC served on 4/30/2010, answer due 5/21/2010. (Attachments: #1 Certified Mail Receipt Return) (rew) |
| Filing 7 ANSWER to #1 Complaint filed by Cruikshank Plumbing Corporation. (Todd, Adam) |
| Filing 6 SUMMONS Returned Executed on Defendant Franklin County Treasurer. Franklin County Treasurer served on 4/23/2010, answer due 5/14/2010. (Attachments: #1 Certified Mail Receipt Return) (rew) |
| Filing 5 SUMMONS Returned Executed on Defendants Anchor Government Assets, LLC, Byers Realty, LLC, Cruikshank Plumbing Corporation. Anchor Government Assets, LLC served on 4/22/2010, answer due 5/13/2010; Byers Realty, LLC served on 4/22/2010, answer due 5/13/2010; Cruikshank Plumbing Corporation served on 4/22/2010, answer due 5/13/2010. (Attachments: #1 Certified Mail Receipt Return) (rew) Modified on 4/23/2010 (rew). |
| Filing 4 CERTIFICATE of Mailing by the Clerk of Summons & Complaint to Jason Gunsorek, Cruikshank Plumbing Corporation, Anchor Government Assets, LLC, Atlas Partners,LLC, Lawrence Gunsorek, Byers Realty, LLC, Western View Apartments, Inc & Franklin County Treasurer. (kjm1) |
| Filing 3 Summons Issued as to Anchor Government Assets, LLC, Atlas Partners, LLC, Byers Realty, LLC, Cruikshank Plumbing Corporation, Franklin County Treasurer, Jason Gunsorek, Lawrence Gunsorek, Western View Apartments, Inc. (pes1) |
| Filing 2 Corporate Disclosure Statement by Plaintiffs Citizens Bank, successor in interest by merger to Republic Bank, f/k/a Republic Savings Bank, Citizens Republic Bancorp, Inc. identifying Corporate Parent Citizens Republic Bancorp, Inc. for Citizens Bank, successor in interest by merger to Republic Bank, f/k/a Republic Savings Bank.. (Dodd, Stephen) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 350 paid - receipt number: 0648-2583413), filed by Citizens Bank, successor in interest by merger to Republic Bank, f/k/a Republic Savings Bank. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Atlas Note, #3 Exhibit Western Note and Addendum, #4 Exhibit Mortgage #1, #5 Exhibit Assignment of Leases and Rents, #6 Exhibit Atlas UCC, #7 Exhibit Western UCC, #8 Exhibit Atlas Assignment of Licenses, Permits, Contracts and Warranties, #9 Exhibit Western Assignment of Licenses, Permits, Contracts and Warranties, #10 Exhibit Anchor Note, #11 Exhibit J. Gunsorek Guaranty, #12 Exhibit L. Gunsorek Guaranty, #13 Exhibit Change in Terms Agreement, #14 Exhibit Anchor Forbearance, #15 Exhibit Atlas/Western Guaranty, #16 Exhibit Mortgage #2, #17 Exhibit Title Report, #18 Exhibit Affidavit of William Sanders, #19 Summons Form Atlas Partners, LLC, #20 Summons Form Western View Apartments, Inc., #21 Summons Form Anchor Government Assets, LLC, #22 Summons Form Jason Gunsorek, #23 Summons Form Lawrence Gunsorek, #24 Summons Form Franklin County Treasurer, #25 Summons Form Byers Realty, LLC, #26 Summons Form Cruikshank Plumbing Corporation) (Dodd, Stephen) |
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