Meritage Homeowners' Association v. The Bank of New York Mellon, etc.
| Meritage Homeowners' Association |
| Bank of New York Mellon |
| 6:2016cv00300 |
| February 17, 2016 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Ann L. Aiken |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
363
OPINION AND ORDER: The Court DENIES Big Fish and Cowden's Motion to Compel the Receiver to Prosecute Claims 278 . Signed on 4/26/2024 by Judge Ann L. Aiken. (ck)
|
|
Filing
359
OPINION AND ORDER: The Receiver's Petition 248 is GRANTED. The claim by Big Fish Partners and Sue Cowden for damage to the window of the Cowden Unit is rejected and disallowed. The claim by PSRG Trust for money allegedly advanced to Meritage is rejected and disallowed. The deeds of trust placed on Meritage-owned properties in favor of PSRG Trust are void and title to those properties is quieted in favor of Meritage. Signed on 3/29/2024 by Judge Ann L. Aiken. (ck)
|
|
Filing
275
OPINION AND ORDER: The Receiver's request is GRANTED and the Court hereby DECLARES that the vote of the Owners of Lots, including the Receiver voting on behalf of the HOA-owned Lots, taken at the meeting of the Owners on April 28, 2022 was sufficient to authorize the marketing and sale of the HOA-owned Lots and improvements thereon (collectively, the "Units") as required by ORS 94.655. The Court further ORDERS that the Receiver is authorized to market and sell the HOA-o wned Units by way of private sale, subject to the procedures and requirements of 28 U.S.C. § 2001(b), and upon such terms and conditions as the Receiver reasonably believes to be in the best interest of the HOA, in consultation with such real estate professionals and others, including any advisory committee established among select HOA members, as Receiver deems necessary and advisable, with the net proceeds of such sales to be deposited into a segregated account pending further order of the Court. The Receiver is to include information about the marketing and preparations for sale of properties in his regularly submitted reports to the Court. The Receiver is to notify the Court at the appropriate time with the Receiver's proposal for individuals to be appointed to offer appraisals of the Unites to be sold. The Court will set a hearing and any interested party may make objections or counterproposals. The process for confirmation of the sales will proceed as set forth in § 2001(b). Signed on 11/29/2023 by Judge Ann L. Aiken. (ck)
|
|
Filing
169
OPINION AND ORDER: Freitag's motion to certify a question of law to the Oregon Supreme Court 164 is DENIED. Signed on 10/25/2018 by Judge Ann L. Aiken. (ck)
|
|
Filing
139
OPINION AND ORDER: The Motion for Stay 122 is GRANTED. All proceedings except those related to the preliminary injunction and process of appointing a receiver are STAYED in this case until a receiver is appointed or some other individual or group is lawfully vested with the authority to make decisions on Meritage's behalf and Sherman Sherman Johnnie & Hoyt, LLP has had a reasonable time to evaluate its ethical obligations and determine how to proceed. BNYM's Motion for Preliminary Injunction 120 is GRANTED. Signed on 5/1/2018 by Judge Ann L. Aiken. (ck)
|
|
Filing
123
ORDER: Granting Motion for a Temporary Restraining Order 120 . Preliminary Injunction Hearing is set for 4/30/2018 at 11:00AM in Eugene Courtroom 1 before Judge Ann L. Aiken. The parties are permitted to appear by telephone and shall call in to the conference. Conference call information will be provided by the Court in a separate entry. This injunction shall remain in force until the resolution of that hearing, unless otherwise ordered by the Court. At the preliminary injunction hearing, the Court shall also hear argument regarding Meritage's Motion for Stay 122 . Signed on 4/19/2018 by Judge Ann L. Aiken. (ck)
|
|
Filing
119
OPINION AND ORDER: Meritage and Freitag's motion for summary judgment 46 is GRANTED IN PART and DENIED IN PART as follows: the motion is granted with respect to the portions of the third-party claim against Freitag related to failure to maintain an adequate reserve balance, failure to provide required financial disclosures, and the placement of fitted and unfitted plywood boards over windows, and is denied in all other respects. Meritage's motion for partial summary judgment 50 is DENIED. BNYM's motion for partial summary judgment 84 is GRANTED. Meritage's motion for a preliminary injunction 114 is DENIED. Signed on 4/13/2018 by Judge Ann L. Aiken. (ck)
|
|
Filing
30
ORDER and OPINION: Denying Motion for a Temporary Restraining Order 22 . See, formal Order. Signed on 3/8/2017 by Judge Ann L. Aiken. (rdr) Modified on 3/9/2017 to correct docket entry caption. (rdr)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oregon District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Meritage Homeowners' Association v. The Bank of New York Mellon, etc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Bank of New York Mellon | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Meritage Homeowners' Association | |
| Represented By: | Mark C. Hoyt |
| Represented By: | Justin M. Thorp |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
