Ellington Credit Fund, Ltd. et al v. Select Portfolio Servicing, Inc. et al
| ECF Special Securities, LLC and Ellington Credit Fund, Ltd. |
| MBIA Insurance Corporation, Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp., Select Portfolio Servicing, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp. and Manufacturers and Traders Trust Company |
| 1:2007cv00421 |
| May 30, 2007 |
| US District Court for the Western District of Texas |
| Austin Office |
| XX US, Outside State |
| Lee Yeakel |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 74 Letter/Correspondence from Southern District of New York confirming receipt of transfer record; assigned their case no. as 08cv2437. (mc2, ) |
| Filing 73 Letter/Correspondence transferring case to the Southern District of New York. (mc2, ) |
Filing 72
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #67 Report and Recommendations, ORDER GRANTING IN PART DENYING IN PART: 14 MOTION to Dismiss, 14 MOTION to Transfer Case, MOTION to Dismiss filed by Manufacturers and Traders Trust Company, 15 MOTION to Dismiss or In The Alternative Motion to Transfer and Brief in Support, 15 MOTION to Transfer Case filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc., 16 MOTION to Transfer Case, MOTION to Dismiss, MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim filed by MBIA Insurance Corporation. IT IS FURTHER ORDERED that this cause of action is TRANSFERRED to the United States District Court for the Southern District of New York. Signed by Judge Lee Yeakel. (jk, )
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| Filing 71 RESPONSE to #69 Objection to Report and Recommendations, by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.. (Foster, Benjamin) |
| Filing 70 OBJECTION to #67 Report and Recommendations of the United States Magistrate Judge by Select Portfolio Servicing, Inc., MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp... (Foster, Benjamin) |
| Filing 69 OBJECTION to #67 Report and Recommendations by Ellington Credit Fund, Ltd., ECF Special Securities, LLC.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D-1#5 Exhibit D-2#6 Exhibit D-3#7 Exhibit E)(Tomasco, Patricia) |
| Filing 68 OBJECTION to #67 Report and Recommendations by Manufacturers and Traders Trust Company.. (Berg, Amelia) |
| Filing 67 REPORT AND RECOMMENDATIONS re #39 MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to Exhaust Pre-Suit Demand Requirements, for Lack of Standing, and for Failure to State a Claim upon Which Relief May Be Granted filed by MBIA Insurance Corporation, MOTION to Transfer Case filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc., 14 MOTION to Dismiss filed by Manufacturers and Traders Trust Company, 16 MOTION to Transfer Case MOTION to Dismiss filed by MBIA Insurance Corporation, #40 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Manufacturers and Traders Trust Company, #24 Amended Complaint, filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC, #36 MOTION to Dismiss First Amended Complaint, and Brief in Support filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc., #38 MOTION to Strike #25 Response to Motion,,,, Declaration of Mitchell Levine filed by MBIA Insurance Corporation, 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim filed by MBIA Insurance Corporation, 14 MOTION to Transfer Case MOTION to Dismiss filed by Manufacturers and Traders Trust Company, 15 MOTION to Transfer Case filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc., 15 MOTION to Dismiss or In The Alternative Motion to Transfer and Brief in Support filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc.. Signed by Judge Andrew W. Austin. (mc2, ) |
| CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (mc2, ) |
| Filing 66 Minute Entry for proceedings held before Judge Andrew W. Austin : Motion Hearing held on 10/17/2007 re MOTION to Transfer Case (Minute entry documents are not available electronically.). Motion taken under advisement... Written report and recommendation forthcoming (Court Reporter ERO.)(jg3, ) |
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Filing 65
ORDER Setting Hearing on 14 MOTION to Transfer Case MOTION to Dismiss, 16 MOTION to Transfer Case MOTION to Dismiss, #39 MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to Exhaust Pre-Suit Demand Requirements, for Lack of Standing, and for Failure to State a Claim upon Which Relief May Be Granted, 15 MOTION to Dismiss or In The Alternative Motion to Transfer and Brief in Support, 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim, #38 MOTION to Strike #25 Response to Motion,,,, Declaration of Mitchell Levine, 15 MOTION to Transfer Case, #36 MOTION to Dismiss First Amended Complaint, and Brief in Support, 14 MOTION to Dismiss, MOTION to Transfer Case, #40 MOTION to Dismiss Plaintiffs' First Amended Complaint : Motion Hearing set for 10/17/2007 10:00 AM before Honorable Andrew W. Austin.. Signed by Judge Andrew W. Austin. (mc2, )
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| Notice of Correction: re MOTION to Transfer Case - ADDED TO RECORD, CONTAINED IN ELECTRONICALLY SUBM8ITTED REPLY TO RESPONSE TO MOTION TO DISMISS, DKT. #63. IN THE FUTURE, PLEASE DO NOT ELECTRONICALLY SUBMIT MIXED TYPES OF DOCUMENTS. PLEASE REVIEW THE ADMINISTRATIVE POLICIES AND PROCEDURES FOR ELECTRONIC FILING, WESTERN DISTRICT OF TEXAS. (mc2, ) |
| Alternative MOTION to Transfer Case by Select Portfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp. (contained in rply to response to motion to dismiss, filed 9/10/07, Dkt. #63).. Motions referred to Andrew W. Austin. (mc2, ) |
| Filing 64 REPLY to Response to Motion, filed by MBIA Insurance Corporation, re #39 MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to Exhaust Pre-Suit Demand Requirements, for Lack of Standing, and for Failure to State a Claim upon Which Relief May Be Granted filed by Defendant MBIA Insurance Corporation (Huston, Penn) |
| Filing 63 REPLY to Response to Motion, filed by Select Portfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp., re #36 MOTION to Dismiss First Amended Complaint, and Brief in Support filed by Defendant Pelatis Insurance Agency Corp., Defendant Alta Real Estate Services, Inc., Defendant Residential Real Estate Services, Inc., Defendant Mountain West Reality Corp., Defendant Select Portfolio Servicing, Inc. (Yoxall, Thomas) |
| Filing 62 REPLY to Response to Motion, filed by Manufacturers and Traders Trust Company, re #40 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Manufacturers and Traders Trust Company (Attachments: #1 Appendix Part I of III#2 Appendix Part II of III#3 Appendix Part III of III#4 Proposed Order Granting Motion to Dismiss)(Berg, Amelia) |
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Filing 61
ORDER denying #47 Motion for Leave to File Signed by Judge Andrew W. Austin. (mc2, )
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| Filing 60 ATTACHMENT (Proposed Order) to #54 Response in Opposition to Motion, by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Tomasco, Patricia) |
| Filing 59 ATTACHMENT (Proposed Order) to #53 Response in Opposition to Motion, by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Tomasco, Patricia) |
| Filing 58 ATTACHMENT (Proposed Order) to #52 Response in Opposition to Motion, by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Tomasco, Patricia) |
| Filing 57 DEFICIENCY NOTICE: re #54 Response in Opposition to Motion, (mc2, ) |
| Filing 56 DEFICIENCY NOTICE: re #53 Response in Opposition to Motion, (mc2, ) |
| Filing 55 DEFICIENCY NOTICE: re #52 Response in Opposition to Motion, (mc2, ) |
| Filing 54 Response in Opposition to Motion, filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC, re #36 MOTION to Dismiss First Amended Complaint, and Brief in Support filed by Defendant Pelatis Insurance Agency Corp., Defendant Alta Real Estate Services, Inc., Defendant Residential Real Estate Services, Inc., Defendant Mountain West Reality Corp., Defendant Select Portfolio Servicing, Inc. (Tomasco, Patricia) |
| Filing 53 Response in Opposition to Motion, filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC, re #39 MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to Exhaust Pre-Suit Demand Requirements, for Lack of Standing, and for Failure to State a Claim upon Which Relief May Be Granted filed by Defendant MBIA Insurance Corporation (Attachments: #1 Exhibit A)(Tomasco, Patricia) |
| Filing 52 Response in Opposition to Motion, filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC, re #40 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Manufacturers and Traders Trust Company (Attachments: #1 Exhibit A#2 Exhibit B)(Tomasco, Patricia) |
| Filing 51 Response in Opposition to Motion, filed by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp., re #47 MOTION for Leave to File Sur-Replies filed by Plaintiff Ellington Credit Fund, Ltd., Plaintiff ECF Special Securities, LLC (Foster, Benjamin) |
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Filing 50
SCHEDULING ORDER: Final Pretrial Conference set for 3/27/2009 09:00 AM before Honorable Lee Yeakel.,ADR Report Deadline due by 11/12/2007.,Amended Pleadings due by 3/3/2008.,Discovery due by 9/15/2008.,Joinder of Parties due by 3/3/2008.,Motions due by 10/13/2008.. Signed by Judge Lee Yeakel. (mc2, )
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| Filing 49 Minute Entry for proceedings held before Judge Lee Yeakel : Initial Pretrial Conference held on 8/15/2007 (Minute entry documents are not available electronically.). (Court Reporter Kathy Carroll.)(mc2, ) |
| Filing 48 Response in Opposition to Motion, filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC, re #38 MOTION to Strike #25 Response to Motion,,,, Declaration of Mitchell Levine filed by Defendant MBIA Insurance Corporation (Attachments: #1 Proposed Order)(Tomasco, Patricia) |
| Filing 47 MOTION for Leave to File Sur-Replies by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Attachments: #1 Exhibit A - Sur-Reply to M&T#2 Exhibit B - Sur-Reply to SPS, et al.#3 Exhibit C - Sur-Reply to MBIA#4 Proposed Order). Motions referred to Andrew W. Austin. (Tomasco, Patricia) |
| Filing 46 NOTICE Regarding Previously Filed Motions to Dismiss/Motions to Transfer by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp. (Yoxall, Thomas) |
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Filing 45
ORDER denying #42 Motion to Continue Signed by Judge Lee Yeakel. (mc2, )
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| Filing 44 CERTIFICATE OF SERVICE by Manufacturers and Traders Trust Company to docket number #43 Appendix (Berg, Amelia) |
| Filing 43 APPENDIX to #40 MOTION to Dismiss Plaintiffs' First Amended Complaint by Manufacturers and Traders Trust Company (Exhibit G - updated to include page 59 which was inadvertently omitted). (Berg, Amelia) |
| Notice of Correction: re #43 Appendix - IN THE FUTURE, PLEASE DO NOT SUBMIT AN APPENDIX WITHOUT A TITLE PAGE INDICATING THE CASE STYLE, CASE NUMBER, AND DOCUMENT TO WHICH THE APPENDIX IS BEING SUBMITTED, PARTICULARLY WHEN THE APPENDIX IS BEING SUBMITTED AT A DIFFERENT TIME THAN THE ORIGINAL PLEADING. (mc2, ) |
| Filing 42 Agreed MOTION to Continue Initial Pretrial Conference by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp., Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Attachments: #1 Proposed Order Proposed Amended Order Setting Initial Pretrial Conference). Motions referred to Andrew W. Austin. (Yoxall, Thomas) |
| Filing 41 REPLY to Response to Motion, filed by Manufacturers and Traders Trust Company, re 14 MOTION to Dismiss filed by Defendant Manufacturers and Traders Trust Company (Berg, Amelia) |
| Filing 40 MOTION to Dismiss Plaintiffs' First Amended Complaint by Manufacturers and Traders Trust Company. (Attachments: #1 Appendix Part 1 of 2#2 Appendix Part 2 of 2#3 Proposed Order Granting Motion to Dismiss). Motions referred to Andrew W. Austin. (Berg, Amelia) |
| Filing 39 MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to Exhaust Pre-Suit Demand Requirements, for Lack of Standing, and for Failure to State a Claim upon Which Relief May Be Granted by MBIA Insurance Corporation. (Attachments: #1 Proposed Order Dismissal for Lack of Standing#2 Proposed Order Dismissal for Failure to Exhaust Pre-Suit Demand Requirements#3 Proposed Order Dismissal for Failure to State a Claim upon Which Relief May Be Granted). Motions referred to Andrew W. Austin. (Huston, Penn) |
| Filing 38 MOTION to Strike #25 Response to Motion,,,, Declaration of Mitchell Levine by MBIA Insurance Corporation. (Attachments: #1 Proposed Order). Motions referred to Andrew W. Austin. (Huston, Penn) |
| Filing 37 REPLY to Response to Motion, filed by MBIA Insurance Corporation, re 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim filed by Defendant MBIA Insurance Corporation (Huston, Penn) |
| Filing 36 MOTION to Dismiss First Amended Complaint, and Brief in Support by Select Portfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.. (Attachments: #1 Proposed Order). Motions referred to Andrew W. Austin. (Yoxall, Thomas) |
| Filing 35 REPLY to Response to Motion, filed by Select Portfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp., re 15 MOTION to Transfer Case filed by Defendant Pelatis Insurance Agency Corp., Defendant Alta Real Estate Services, Inc., Defendant Residential Real Estate Services, Inc., Defendant Mountain West Reality Corp., Defendant Select Portfolio Servicing, Inc. (Yoxall, Thomas) |
| Motions No Longer Referred: 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim, 14 MOTION to Dismiss, 16 MOTION to Transfer Case MOTION to Dismiss, 14 MOTION to Transfer Case MOTION to Dismiss, 15 MOTION to Transfer Case, 15 MOTION to Dismiss or In The Alternative Motion to Transfer and Brief in Support (mc2, ) |
| Filing 33 CERTIFICATE OF SERVICE by Manufacturers and Traders Trust Company related to #29 Agreed MOTION for Extension of Time to File Response/Reply (Berg, Amelia) |
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Filing 32
ORDER Initial Pretrial Conference set for 8/15/2007 03:00 PM before Honorable Lee Yeakel.. Signed by Judge Lee Yeakel. (mc2, )
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Filing 34
ORDER granting in part and denying in part #29 Motion for Extension of Time to File Response/Reply Signed by Judge Andrew W. Austin. (mc2, ) Modified on 8/1/2007 (mc2, ) to correct date.
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Filing 31
ORDER REFERRING CASE to Magistrate Judge Andrew W. Austin. Signed by Judge Lee Yeakel. (jg3, )
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| Filing 30 DEFICIENCY NOTICE: re #29 Agreed MOTION for Extension of Time to File Response/Reply (mc2, ) |
| Filing 29 Agreed MOTION for Extension of Time to File Response/Reply by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp., Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Attachments: #1 Proposed Order Granting Agreed Motion to Extend Deadlines and Page Numbers)(Berg, Amelia) |
| Notice of Correction: re #25 Response to Motion; linked response to additional motions contained in motions filed as Dkt. #s 14, 15, and 16. (mc2, ) |
| Filing 28 Proposed Scheduling Order (Agreed) by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp., Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Mercer, Kell) |
| Filing 27 ATTACHMENT Proposed Order to #25 Response to Motion,,,, by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Tomasco, Patricia) |
| Filing 26 DEFICIENCY NOTICE: re #25 Response to Motion (mc2, ) |
| Filing 25 RESPONSE to Motion, filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC, re 14 MOTION to Dismiss filed by Defendant Manufacturers and Traders Trust Company, 15 MOTION to Dismiss or In The Alternative Motion to Transfer and Brief in Support filed by Defendant Pelatis Insurance Agency Corp., Defendant Alta Real Estate Services, Inc., Defendant Residential Real Estate Services, Inc., Defendant Mountain West Reality Corp., Defendant Select Portfolio Servicing, Inc., 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim filed by Defendant MBIA Insurance Corporation and Motions to Transfer Venue (Attachments: #1 Response (Part 2)#2 Exhibit A (Part 1)#3 Exhibit A (Part 2)#4 Exhibit A (Part 3)#5 Exhibit A (Part 4)#6 Exhibit B#7 Exhibit C#8 Exhibit D#9 Exhibit E#10 Exhibit F (Part 1)#11 Exhibit F (Part 2)#12 Exhibit F (Part 3)#13 Exhibit F (Part 4)#14 Exhibit F (Part 5)#15 Exhibit G)(Tomasco, Patricia) |
| Filing 24 First AMENDED COMPLAINT against Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp. amending, filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC.(mc2, ) |
| Filing 23 RULE 7 DISCLOSURE STATEMENT filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC (SUPPLEMENTAL). (Tomasco, Patricia) |
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Filing 22
ORDER REFERRING MOTION: 14 MOTION to Dismiss filed by Manufacturers and Traders Trust Company, 16 MOTION to Transfer Case MOTION to Dismiss filed by MBIA Insurance Corporation, 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim filed by MBIA Insurance Corporation, 14 MOTION to Transfer Case MOTION to Dismiss filed by Manufacturers and Traders Trust Company, 15 MOTION to Transfer Case filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc., 15 MOTION to Dismiss or In The Alternative Motion to Transfer and Brief in Support filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc.. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Andrew W. Austin. (mc2, )
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Filing 21
Order for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit a scheduling recommendations/proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant.Scheduling Recommendations/Proposed Scheduling Order due by 6/21/2007.. Signed by Judge Lee Yeakel. (jk, )
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| Filing 20 ATTACHMENT Certificate of Service to 14 MOTION to Dismiss, 14 MOTION to Transfer Case MOTION to Dismiss by Manufacturers and Traders Trust Company. (Berg, Amelia) |
| Filing 19 ATTACHMENT Certificate of Service to 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim by MBIA Insurance Corporation. (Huston, Penn) |
| Filing 18 DEFICIENCY NOTICE: re 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim (mc2, ) |
| Filing 17 DEFICIENCY NOTICE: re 14 MOTION to Dismiss (mc2, ) |
| Filing 16 Alternative MOTION to Transfer Case, and MOTION to Dismiss for failure to exhaust pre-suit demand requirements and for failure to state a claim upon which relief may be granted by MBIA Insurance Corporation (contained in Dkt. #16). (mc2, ) Modified on 6/14/2007 to add Dkt. #. |
| Filing 15 Alternative MOTION to Transfer Case by Select Portfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp. (contained in Dkt. #15). (mc2, ) Modified on 6/14/2007 (mc2, ) to add dkt. #. |
| Filing 14 Alternative MOTION to Transfer Case under 12 U.S.C. Sec. 1404, and alternative MOTION to Dismiss under 12(b)(6) by Manufacturers and Traders Trust Company (contained in Dkt. #14). (mc2, ) Modified on 6/14/2007 (mc2, ) to add dkt. #. |
| Filing 16 MOTION to Dismiss for improper venue, failure to exhaust pre-suit demand requirements, and failure to state a claim by MBIA Insurance Corporation. (Attachments: #1 Exhibit A-1#2 Exhibit A-2#3 Exhibit A-3#4 Exhibit A-4#5 Exhibit A-5#6 Exhibit A-6#7 Exhibit A-7#8 Exhibit A-8#9 Exhibit A-9#10 Exhibit A-10#11 Exhibit A-11#12 Exhibit B-1#13 Exhibit B-2#14 Exhibit C-1#15 Exhibit C-2#16 Exhibit C-3#17 Exhibit C-4#18 Exhibit C-5#19 Exhibit C-6#20 Exhibit C-7#21 Exhibit C-8#22 Exhibit C-9#23 Exhibit C-10#24 Exhibit C-11#25 Exhibit C-12#26 Exhibit D#27 Exhibit E#28 Exhibit F#29 Exhibit G#30 Proposed Order Venue#31 Proposed Order Pre-Suit Demand#32 Proposed Order Lack of Standing#33 Proposed Order Failure to State a Claim)(Huston, Penn) |
| Filing 15 MOTION to Dismiss or In The Alternative Motion to Transfer and Brief in Support by Select Portfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.. (Attachments: #1 Appendix in Support of Motion to Dismiss#2 Exhibit 1 to Appendix#3 Exhibit 1A (Part 1of 5) to Appendix#4 Exhibit 1A (Part 2 of 5) to Appendix#5 Exhibit 1A (Part 3 of 5) to Appendix#6 Exhibit 1A (Part 4 of 5) to Appendix#7 Exhibit 1A (Part 5 of 5) to Appendix#8 Exhibit 1B to Appendix#9 Exhibit 2 to Appendix#10 Exhibit 3 to Appendix#11 Exhibit 4 to Appendix#12 Exhibit 5 to Appendix#13 Proposed Order re Motion to Dismiss)(Yoxall, Thomas) |
| Filing 14 MOTION to Dismiss by Manufacturers and Traders Trust Company. (Attachments: #1 Appendix Part 1 of 3#2 Appendix Part 2 of 3#3 Appendix Part 3 of 3#4 Proposed Order Granting Motion to Dismiss)(Berg, Amelia) |
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Filing 13
ORDER granting #10 Motion for Leave to File Excess Pages re motions to dismiss, transfer venue and responses. Signed by Judge Lee Yeakel. (mc2, )
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Filing 12
ORDER granting #5 Motion for Leave to File Excess Pages; defendants permitted to file motions to transfer venue and motions to dismiss up to 20 pages in length; plaintiffs' responses 20 pages in length. Signed by Judge Lee Yeakel. (mc2, )
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Filing 11
ORDER re #7 Joint MOTION for Extension of Time to File filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc., Select Portfolio Servicing, Inc. answer due 6/13/2007; Manufacturers and Traders Trust Company answer due 6/13/2007; MBIA Insurance Corporation answer due 6/13/2007; Mountain West Reality Corp. answer due 6/13/2007; Residential Real Estate Services, Inc. answer due 6/13/2007; Alta Real Estate Services, Inc. answer due 6/13/2007; Pelatis Insurance Agency Corp. answer due 6/13/2007., Motions terminated: #7 Joint MOTION for Extension of Time to File filed by Pelatis Insurance Agency Corp., Alta Real Estate Services, Inc., Residential Real Estate Services, Inc., Mountain West Reality Corp., Select Portfolio Servicing, Inc.. Plaintiffs have until 7/10/07 to file response to any motions to dismiss, etc. Signed by Judge Lee Yeakel. (mc2, )
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| Filing 10 Joint MOTION for Leave to Exceed Page Limitation by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp., Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Attachments: #1 Proposed Order Granting Joint Motion to Exceed Page Limits)(Berg, Amelia) |
| Filing 9 RULE 7 DISCLOSURE STATEMENT filed by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Tomasco, Patricia) |
| Filing 8 DEMAND for Trial by Jury by Ellington Credit Fund, Ltd., ECF Special Securities, LLC. (Tomasco, Patricia) |
| Filing 7 Joint MOTION for Extension of Time to File answer, by Select Portfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.. (Attachments: #1 Proposed Order)(Clayton, C.) Modified on 6/6/2007 (mc2, ). |
| Notice of Correction: re #7 Joint MOTION for Extension of Time to File. A certificate of service is not necessary for this document in that it appears all defendants' counsel have signed the document. In the future, however, please prepare your certificates of service to reflect the names and addresses of counsel being served in compliance with the Federal Rules of Civil Procedure, the Local Rules for the Western District of Texas, and the Administrative Policies and Procedures for Electronic Filing, Western District of Texas. (mc2, ) |
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Filing 6
ORDER to supplement record with state court filings. Signed by Judge Lee Yeakel. (tdk, )
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| Filing 5 MOTION for Leave to Exceed Page Limitation (upcoming motions to transfer venue and motions to dismiss) by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.. (mc2, ) |
| Filing 4 RULE 7 DISCLOSURE STATEMENT filed by Select Portfolio Servicing, Inc., Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.. (tdk, ) |
| Filing 3 RULE 7 DISCLOSURE STATEMENT filed by Manufacturers and Traders Trust Company. (tdk, ) |
| Filing 2 RULE 7 DISCLOSURE STATEMENT filed by MBIA Insurance Corporation. (tdk, ) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $350 receipt number 406424), filed by Select Portfolio Servicing, Inc., Manufacturers and Traders Trust Company, MBIA Insurance Corporation, Mountain West Reality Corp., Residential Real Estate Services, Inc., Alta Real Estate Services, Inc., Pelatis Insurance Agency Corp.. (Attachments: #1 Exhibit part 1 of 2#2 Exhibit part 2 of 2#3 JS-44, Supplement to JS-44, and receipt)(tdk, ) |
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