Miller et al v. US Bank, NA et al
| William R Miller and Stacy A Miller |
| US Bank, NA and US Bank Home Mortgage |
| 3:2017cv00055 |
| February 16, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| ADAMS |
| Walter H. Rice |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
48
ORDER OF DISMISSAL; TERMINATION ENTRY- The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any of the par ties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated. Parties intending to preserve this Court's jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of Americ a, 114 S.Ct. 1673 (1994), and incorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the terms of the settlement between the parties, if necessary. Signed by Judge Walter H. Rice on 5/30/18. (kma)
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Filing
45
ORDER ON U.S. BANK'S MOTION FOR LEAVE TO FILE AMENDED ANSWER AND AFFIRMATIVE DEFENSES- This matter coming before the Court on U.S. Bank's Unopposed Motion for Leave to file Amended Answer and Affirmative Defenses, the Court being fully advised, IT IS HEREBY ORDERED THAT U.S. Bank's motion is granted. U.S. Bank is granted leave to file its amended answer and affirmative defenses within seven days of the entry of this order. Signed by Judge Walter H. Rice on 4/18/18. (kma)
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Filing
28
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 26 Report and Recommendations - The Court has reviewed the Report and Recommendation of Magistrate Judge Michael J. Newman (Doc. # 26 ), to whom this case was referred pursuant to 28 U.S.C. § 636 (b). The parties have not filed objections to the Report and Recommendation and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired. Accordingly, it is hereby ORDERED that: (1) The Report and Recommendation (Doc. # 26 ) is ADO PTED in full; (2) Defendants' partial motion to dismiss (doc. # 5 ) is GRANTED IN PART and DENIED IN PART; (3) Counts Three, Nine, and Ten of Plaintiffs' complaint are hereby DISMISSED; and (4) Count One of Plaintiffs' complaint is DISMISSED to the limited extent Plaintiffs contend that Defendants' creation of an escrow account violated the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2605. Signed by Judge Walter H. Rice on 2/2/18. (kma)
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Filing
26
REPORT AND RECOMMENDATION THAT DEFENDANTS MOTION TO DISMISS (DOC. 5) BE GRANTED IN PART AND DENIED IN PART. Signed by Magistrate Judge Michael J. Newman on 1/18/2018. (dm)
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Filing
15
AGREED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Walter H. Rice on 8/18/17. (pb)
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