Wells Fargo Bank, National Association v. Foley et al
| Wells Fargo Bank, National Association |
| Steven M. Foley, United States Internal Revenue Service, Vermont Department of Taxes and Jennifer K. Foley |
| 5:2020cv00060 |
| April 16, 2020 |
| US District Court for the District of Vermont |
| Geoffrey W Crawford |
| Real Property: Other |
| 28 U.S.C. § 1446 |
| None |
Docket Report
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This docket was last retrieved on June 12, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 MOTION for Hearing re #28 MOTION for Summary Judgment , #31 CROSS-MOTION for Summary Judgment filed by Wells Fargo Bank, National Association. (Attachments: #1 Certificate of Service)(Henry, Kevin) |
| Filing 32 MEMORANDUM in Support re: #19 EMERGENCY MOTION to Show Cause Why Defendant's Real Estate Should Not Be Sold and the Liens of the Plaintiff Vermont Department of Taxes and United States Internal Revenue Service Attach to the Sale Proceeds filed by United States Internal Revenue Service. (Attachments: #1 Statement of Disputed Material Facts, #2 Statement of Undisputed Facts, #3 Exhibit 1) (same document as #30 and #31 ) (law) |
| Filing 31 CROSS-MOTION for Summary Judgment filed by United States Internal Revenue Service. (Attachments: #1 Statement of Disputed Material Facts, #2 Statement of Undisputed Facts, #3 Exhibit 1) (same document as #30 and #32 ) (law) |
| Filing 30 RESPONSE in Opposition to #28 MOTION for Summary Judgment filed by United States Internal Revenue Service. (Attachments: #1 Statement of Disputed Material Facts, #2 Statement of Undisputed Facts, #3 Exhibit 1) (same documents as #31 and #32 ) (Murphy, Edward) |
| Filing 29 NOTICE OF DOCKET ENTRY CORRECTION re: #28 MOTION for Summary Judgment filed by Wells Fargo Bank, National Association. The required Index of Exhibits was not included at the time of filing. The index is now attached to #28 and this entry. (law) |
| Filing 28 MOTION for Summary Judgment filed by Wells Fargo Bank, National Association. (Attachments: #1 Statement of Disputed Material Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Declaration of Kevin M. Henry)(Henry, Kevin) (Additional attachment(s) added on 6/1/2020: #16 Index of Exhibits) (law). |
| Filing 27 NOTICE of Attorney Substitution by Edward J. Murphy, SAUSA as to United States Internal Revenue Service(Murphy, Edward) |
Filing 26
SCHEDULING ORDER: Plaintiff's Motion for Summary Judgment due within ten (10) days. Defendants have ten (10) days to respond. Any reply brief due within five days. The court will issue a ruling within ten (10) days of receiving defendants response brief but not before reading the reply. Signed by Chief Judge Geoffrey W. Crawford on 5/19/2020. (esb)
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| Filing 25 MINUTE ENTRY for proceedings held before Chief Judge Geoffrey W. Crawford: Telephone Conference held on 5/19/2020. All parties present by telephone. K. Henry, Esq. present for pltf. M. Wiener, Esq. present for Steven & Jennifer Foley. E. Hannon, Esq. present for Vermont Dep't of Taxes, M. Ranaldo, AUSA present for IRS. Court makes inquiries and counsel make statements re: recording of liens, discharge, liens, foreclosure, collateral, harm to junior lien holders and next steps. ORDERED: Counsel are to file supplemental briefing on the issues. The court will issue a scheduling order. (Court Reporter: Anne Henry) (pjl) |
| Filing 24 NOTICE of Hearing: Telephone Conference set for 5/19/2020 at 3:00 PM before Chief Judge Geoffrey W. Crawford. All parties and court to participate by telephone. (pjl) |
| Filing 23 REPLY to Response to #19 MOTION for Order to Show Cause filed by Wells Fargo Bank, National Association. (Attachments: #1 Exhibit 1)(Henry, Kevin) |
| Filing 22 ANSWER to Complaint by United States Internal Revenue Service. (Attachments: #1 Certificate of Service)(Ranaldo, Melissa) |
| Filing 21 RESPONSE in Support re #19 MOTION for Order to Show Cause filed by United States Internal Revenue Service. (Attachments: #1 Certificate of Service)(Ranaldo, Melissa) |
| Filing 20 RESPONSE in Opposition re #19 MOTION for Order to Show Cause filed by Wells Fargo Bank, National Association. (Henry, Kevin) |
| Filing 19 EMERGENCY MOTION to Show Cause Why Defendant's Real Estate Should Not Be Sold and the Liens of the Plaintiff Vermont Department of Taxes and United States Internal Revenue Service Attach to the Sale Proceeds filed by Jennifer K. Foley, Steven M. Foley. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(esb) |
| Filing 18 NOTICE OF APPEARANCE by Marc E. Wiener, Esq on behalf of Jennifer K. Foley, Steven M. Foley. (Attachments: #1 Certificate of Service) (esb) |
| Filing 17 NOTICE by United States Internal Revenue Service of Filing #1 Notice of Removal. (Attachments: #1 Notice of Removal) (originally filed 4/17/2020 in state court)(law) |
| Filing 16 VERIFIED ANSWER to Complaint by Vermont Department of Taxes. (Attachments: #1 Certificate of Service) (originally filed 3/19/2020 in state court)(law) |
| Filing 15 NOTICE OF APPEARANCE by Elizabeth M. Hannon, Esq on behalf of Vermont Department of Taxes. (originally filed 3/19/2020 in state court)(law) |
| Filing 14 SUMMONS RETURNED Executed. Vermont Department of Taxes served on 3/9/2020, answer due 3/30/2020. (originally filed 3/19/2020 in state court)(law) |
| Filing 13 SUMMONS RETURNED Executed. Jennifer K. Foley served on 3/10/2020, answer due 3/31/2020. (originally filed 3/19/2020 in state court)(law) |
| Filing 12 SUMMONS RETURNED Executed. Steven M. Foley served on 3/10/2020, answer due 3/31/2020. (originally filed 3/19/2020 in state court)(law) |
| Filing 11 ACCEPTANCE OF SERVICE of Summons and #9 Complaint. United States Internal Revenue Service served on 3/13/2020. (originally filed 3/19/2020 in state court)(law) |
| Filing 10 NOTICE of Assigned Docket Number. (originally filed 3/6/2020 in state court)(law) |
| Filing 9 COMPLAINT against Jennifer K. Foley, Steven M. Foley, United States Internal Revenue Service, Vermont Department of Taxes filed by Wells Fargo Bank, National Association.(originally filed 3/5/2020 in state court)(law) |
| Filing 8 RECEIVED FILE and certified copy of docket sheet from State Court. (law) |
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Filing 7
ORDER granting #2 MOTION for Extension of Time to Answer. United States Internal Revenue Service answer due 5/18/2020. Signed by Chief Judge Geoffrey W. Crawford on 4/29/2020. (This is a text-only Order.) (jal)
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| Filing 6 LETTER to Vermont Superior Court, Civil Division, Chittenden Unit requesting original case file and certified docket sheet. (law) |
| Filing 5 NOTICE of Case Reassignment pursuant to Local Rule 73(d). Case reassigned to Chief Judge Geoffrey W. Crawford. Judge John M. Conroy no longer assigned to the case. (law) |
| Filing 4 NOTICE OF APPEARANCE by Kevin M. Henry, Esq on behalf of Wells Fargo Bank, National Association. (Attachments: #1 Certificate of Service)(Henry, Kevin) |
| Filing 3 OBJECTION to Direct Assignment by United States Internal Revenue Service (Attachments: #1 Certificate of Service)(Ranaldo, Melissa) |
| Filing 2 STIPULATED MOTION for Extension of Time to File Answer filed by United States Internal Revenue Service. (Attachments: #1 Certificate of Service)(Ranaldo, Melissa) |
| ISSUED Local Rule 73 Forms. (eh) |
| Filing 1 NOTICE OF REMOVAL by United States Internal Revenue Service, Wells Fargo Bank, National Association from Vermont Superior Court, Chittenden Unit, Civil Division. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Certificate of Service) (eh) |
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