Castle Mortgage Corp et al v. GMAC Mortgage LLC
| Castle Mortgage Corp, Lawrence P Pitts and Platinum Funding Solutions LLC |
| GMAC Mortgage LLC and GMAC Mortgage Corporation |
| 3:2012cv01969 |
| June 21, 2012 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| David C Godbey |
| Paul D Stickney |
| Real Property: All Other Real Property |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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Filing 43
ORDER of USCA as to #42 Notice of Appeal, filed by Lawrence P Pitts is dismissed for want for prosecution. (svc)
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| Filing 42 NOTICE OF APPEAL to the Fifth Circuit as to #41 Judgment, by Lawrence P Pitts. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (ndt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:42. Fri Oct 18 16:24:33 CDT 2013 (crt) |
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Filing 41
FINAL JUDGMENT granting #32 Motion for Summary Judgment; denying as moot #31 Motion to Dismiss: IT IS ORDERED that Plaintiffs' claims against GMAC be dismissed with prejudice and judgment shall be entered in favor of GMAC. Plaintiffs shall take nothing away from this case and each party shall bear its own costs. (Ordered by Judge David C Godbey on 9/20/2013) (twd)
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Filing 40
ORDER ACCEPTING #38 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge David C Godbey on 9/20/2013) (twd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:40, 41. Fri Sep 20 16:37:07 CDT 2013 (crt) |
| Filing 39 OBJECTION to #38 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE by Lawrence P Pitts. (tln) |
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Filing 38
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court recommends that the District Court GRANT GMAC's Motion for Summary Judgment (doc. 32) and enter judgment in favor of GMAC. The Court further recommends that the District Court DENY as MOOT GMAC's Motion to Dismiss Pursuant to Rule 37(B)(2)(V) (doc. 31), as there are no remaining claims for the Court to dismiss. (see order) (Ordered by Magistrate Judge Paul D Stickney on 9/6/2013) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:38. Fri Sep 6 14:42:34 CDT 2013 (crt) |
| Filing 37 Brief/Memorandum in Support filed by GMAC Mortgage LLC re #31 MOTION for Sanctions Motion to Dismiss Pursuant to Rule 37(b)(2)(v) (Key, Jonathan) |
| Filing 36 Brief/Memorandum in Support filed by GMAC Mortgage LLC re #32 MOTION for Judgment (Key, Jonathan) |
| Filing 35 Plaintiff's Response to Magistrate's #34 Order filed by Lawrence P Pitts. (ndt) |
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Filing 34
ORDER denying #33 Motion for Reconsideration to the Judge's Order. IT IS FURTHER ORDERED that Pitts shall have TWENTY DAYS FROM THE DATE OF THIS ORDER in which to respond to Defendants pending motion to dismiss and motion for summary judgment. If no responses are filed, this Court will enter findings on the motions without consideration of a response from Pitts. (see order) (Ordered by Magistrate Judge Paul D Stickney on 5/17/2013) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Fri May 17 13:31:52 CDT 2013 (crt) |
| Filing 33 MOTION for Reconsideration to the Judge's Order filed by Lawrence P Pitts. (tln) |
| Filing 32 MOTION for Summary Judgment filed by GMAC Mortgage LLC with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix, #2 Proposed Order) (Key, Jonathan) Modified text on 3/20/2013 (rlw). |
| Filing 31 Motion to Dismiss Pursuant to Rule 37(b)(2)(v) filed by GMAC Mortgage LLC (Attachments: #1 Exhibit(s) Exhibit A) (Key, Jonathan) Modified text on 3/20/2013 (rlw). |
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Filing 30
ORDER: The Court grants GMAC's #8 Motion for Judgment on the Pleadings in part and denies it in part. The Court denies the motion as to Plaintiffs' claims for declaratory and injunctive relief on the theory that the assignment of the Deed from MERS to GMAC is void because MERS is a "fictitious entity" that lacked the power to assign the Deed. The Court grants the motion as to all other claims and dismisses those claims with prejudice. The Court re-refers the case to Magistrate Judge Stickney for all further pretrial management. (Ordered by Judge David C Godbey on 3/18/2013) (twd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Mon Mar 18 11:24:33 CDT 2013 (crt) |
| Filing 29 OBJECTIONS to #28 Findings and Recommendation by Lawrence P Pitts (axm) |
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Filing 28
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The District Court referred this case to the United States Magistrate Judge for pretrial management. Before the Court is Defendant GMAC Mortgage LLCs ("GMAC") Rule 12(c) Motion for Judgment on the Pleadings (doc. 8, "Motion for Judgment on the Pleadings"), filed on July 19, 2012. The Court recommends that the District Court GRANT GMAC's Motion for Judgment on the Pleadings (doc. 8) and DISMISS Plaintiffs claims against GMAC with prejudice because Plaintiffs failed to plead sufficient facts to state a plausible claim against GMAC. (see order) (Ordered by Magistrate Judge Paul D Stickney on 2/26/2013) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:28. Tue Feb 26 12:29:02 CST 2013 (crt) |
| Filing 27 REPLY filed by GMAC Mortgage LLC re: #8 MOTION for Judgment Defendant's Rule 12(c) Motion for Judgment on the Pleadings (Key, Jonathan) |
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Filing 26
ORDER denying #24 Motion for Reconsideration and Castle Mortgage shall obtain counsel by Friday, 2/15/2013, or this Court may recommend that the District Court dismiss its claims against Defendant without prejudice. (Ordered by Magistrate Judge Paul D Stickney on 2/7/2013) (cea)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Thu Feb 7 16:34:06 CST 2013 (crt) |
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Filing 25
ORDER granting #19 Motion to Compel; denying #14 Motion for Reconsideration. (Ordered by Magistrate Judge Paul D Stickney on 2/6/2013) (cea)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:25. Wed Feb 6 11:44:28 CST 2013 (crt) |
| Filing 24 MOTION for Reconsideration re #13 Order on Motion to Substitute Party filed by Castle Mortgage Corp, Lawrence P Pitts. (cea) |
| Filing 23 RESPONSE (Titled as Reply) filed by Lawrence P Pitts, Castle Mortgage Corp re: #8 MOTION for Judgment Defendant's Rule 12(c) Motion for Judgment on the Pleadings. (cea) |
| Filing 22 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Motion Hearing held on 1/23/2013 re #19 Motion to Compel filed by GMAC Mortgage LLC, #14 Motion for Reconsideration filed by Castle Mortgage Corp, Lawrence P Pitts and #15 Plaintiff's Judicial Notice. Order to enter. Attorney Appearances: Plaintiff - Lawrence Pitts-Pro Se; Defense - J. Riley Key. (Court Reporter: Digital File) (No exhibits) Time in Court - :13. (mcrd) |
| Filing 21 Memorandum of Points and Authorities In Support of Subrogation filed by Lawrence P Pitts. (ndt) |
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Filing 20
ORDER: Motion Hearing set for 1/23/2013 10:00 AM before Magistrate Judge Paul D Stickney. re: #19 MOTION to Compel Discovery Responses, #14 MOTION for Reconsideration, #15 Judicial Notice. (see order) (Ordered by Magistrate Judge Paul D Stickney on 1/11/2013) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Fri Jan 11 14:42:14 CST 2013 (crt) |
| Filing 19 MOTION to Compel Discovery Responses filed by GMAC Mortgage LLC (Attachments: #1 Exhibit(s) A-F, #2 Proposed Order) (Key, Jonathan) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Thu Dec 13 11:47:14 CST 2012 (crt) |
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Filing 18
ORDER denying #16 Motion to Compel (Ordered by Magistrate Judge Paul D Stickney on 12/12/2012) (mcrd)
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| Filing 17 REPLY filed by GMAC Mortgage LLC re: #16 MOTION to Compel (Key, Jonathan) |
| Filing 16 MOTION to Compel filed by Lawrence P Pitts. (aaa) |
| Filing 15 Judicial Notice filed by Lawrence P Pitts. (aaa) |
| Filing 14 Plaintiff's MOTION for Reconsideration filed by Castle Mortgage Corp, Lawrence P Pitts. (tla) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Fri Oct 26 10:12:49 CDT 2012 (crt) Modified on 10/29/2012 (ykp). |
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Filing 13
ORDER denying #12 Motion for Substitution of a Real Party of Interest. It is ORDERED that Plaintiff Castle Mortgage Corporation, aka Platinum Funding Solutions, LLC shall obtain counsel within twenty days from the date of this Order. Plaintiff is cautioned that failure to obtain counsel may result in this Court's recommendation that the case be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Magistrate Judge Paul D Stickney on 10/25/2012) (ykp)
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| Filing 12 Plaintiff's MOTION for Substitution of a Real Party of Interest Under FRCP 17(a) filed by Lawrence P Pitts. (cea) |
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Filing 11
ORDER granting #9 Motion for Extension of Time to File for Extension of Time to Respond to Defendant's Answer to Plaintiff's Original Complaint and Rule 12(c) Motion for Judgment on the Pleadings. It is, hereby, ORDERED that Plaintiff Castle Mortgage Corporation shall obtain counsel within thirty days from the date of this Order. Responses will then be extended accordingly. (Ordered by Magistrate Judge Paul D Stickney on 8/10/2012) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Fri Aug 10 13:38:11 CDT 2012 (crt) |
| Filing 10 NOTICE GMAC Mortgage, LLC's Notice Regarding Its Pending Bankruptcy filed by GMAC Mortgage LLC (Attachments: #1 Exhibit(s) Exhibit A) (Gerhardt, Graham) |
| Filing 9 MOTION for Extension of Time to Respond to Defendant's Answer to Plaintiff's Original Complaint and Rule 12(c) Motion for Judgment on the Pleadings filed by Lawrence P Pitts. (cea) |
| Filing 8 MOTION for Judgment Defendant's Rule 12(c) Motion for Judgment on the Pleadings filed by GMAC Mortgage LLC (Attachments: #1 Defendant's Brief in Support of Its Motion For Judgment on the Pleadings, #2 Appendix to Defendant's Brief in Support of Its Motion For Judgment on the Pleadings) (Gerhardt, Graham) |
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Filing 7
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 8/31/2012. Discovery due by 2/25/2013. Joinder of Parties due by 8/31/2012. Deadline for settlement conference/mediation is on or before 3/8/2013. Dispositive Motions due by 3/29/2013. Settlement Status Report due by 3/8/2013. (see order) (Ordered by Magistrate Judge Paul D Stickney on 6/28/2012) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Jun 28 15:59:33 CDT 2012 (crt) |
| Filing 6 Notice and Instruction to Pro Se Party. (skt) |
| Filing 5 New Case Notes: A filing fee has been paid. File to Judge Stickney. PTRL case referral set and case referred to Magistrate Judge Stickney (see Special Order 3). Case received over counter/electronically. No prior sanctions found. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (skt) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by GMAC Mortgage LLC fka GMAC Mortgage Corporation. (Gerhardt, Graham) |
| Filing 3 ANSWER to Complaint filed by GMAC Mortgage LLC fka GMAC Mortgage Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Gerhardt, Graham) |
| Filing 2 ***INCORRECT PDF ATTACHED; SEE DOCUMENT #3 FOR CORRECT IMAGE***CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by GMAC Mortgage LLC fka GMAC Mortgage Corporation. (Gerhardt, Graham) Modified on 6/21/2012 (skt). |
| Filing 1 NOTICE OF REMOVAL from 116 Judicial District, District Court of Dallas County, Texas, case number 12-06123 filed by GMAC Mortgage LLC fka GMAC Mortgage Corporation. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; receipt number 0539-4651887) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Cover Sheet Civil Cover Sheet, #2 Cover Sheet Supplement Supplemental Cover Sheet, #3 Exhibit(s) A, B, C & D) (Gerhardt, Graham) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5, 6. Thu Jun 21 16:44:09 CDT 2012 (crt) |
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