Roach v. 1st Principle Mortgage LLC et al
| Crystal J. Roach |
| ECG Real Estate Services, Clayton Holdings, Inc., Option One Mortgage Corp., H&R Block, Bierman, Geesing & Ward, LLC, 1st Principle Mortgage LLC and Deutsche Bank Trust Company |
| 1:2008cv00225 |
| March 7, 2008 |
| US District Court for the Eastern District of Virginia |
| Racketeer/Corrupt Organization Office |
| Prince William |
| John F Anderson |
| T S Ellis |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 17, 2009. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 109 Appeal Record Returned: #96 Notice of Appeal in three volumes. (klau, ) |
| Filing 108 USCA Mandate re: #96 Notice of Appeal. The judgment of this Court, entered 8/26/2009, takes effect today. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Record not returned)(stas) Modified on 9/17/2009 to add notation regarding record (stas). |
| Filing 107 USCA JUDGMENT as to #96 Notice of Appeal filed by Crystal J. Roach. In accordance with the decision of this Court, the judgment of the District Court is affirmed. This judgment shall take effect upon issuance of this Court's mandate in accordance with Fed.R.App.P. 41. (stas) |
| Filing 106 Unpublished Opinion of USCA decided 8/26/2009 re: #96 Notice of Appeal, Affirmed. (stas) |
| Filing 105 Letter to court from USCA, please transmit the record to this office. (nmck, ) |
| Supplemental Record on Appeal transmitted to US Court of Appeals re #96 Notice of Appeal (Volumes 2,3,and 4) Transcripts. (nmck, ) |
| Assembled INITIAL Electronic Record Transmitted to 4CCA re #96 Notice of Appeal (nmck, ) |
| Filing 104 TRANSCRIPT of Proceedings held on 10/10/08 before Judge T.S. Ellis. Court Reporter: McCoy Court Reporting. (jcor, ) |
Filing 103
ORDER following hearing on plaintiff's #98 Motion for an injunction pending appeal. For the reasons stated from the Bench, it is Ordered that plaintiff's motion for an injunction pending appeal is Denied. (See Order for details). Signed by District Judge T. S. Ellis, III on 02/13/2009. (nmcc)
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| Filing 102 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 2/13/2009 re pltf's #98 MOTION for an injunction pending appeal. Appearances: Crystal Roach, pro se; Stephen Fowler for defts. (Court Reporter M. Rodriquez) (nmcc) Modified docket text on 2/13/2009 (nmcc). |
| Filing 101 Memorandum in Opposition re #98 MOTION for an injunction pending appeal filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) |
| USCA Case Number 09-1150 4th Circuit, case manager Brian Bain for #96 Notice of Appeal filed by Crystal J. Roach. (nmck, ) |
| Filing 100 NOTICE of Hearing on Motion #98 MOTION for an injunction pending appeal: Motion Hearing set for 2/13/2009 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 99 Memorandum in Support of #98 MOTION for an injunction pending appeal filed by Crystal J. Roach. (clar, ) |
| Filing 98 MOTION for an injunction pending appeal by Crystal J. Roach. (Attachments: #1 Proposed Order)(clar, ) |
| Filing 97 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #96 Notice of Appeal (nmck, ) |
| Filing 96 NOTICE OF APPEAL as to #95 Order on Motion to Dismiss, dated 1/21/09, by Crystal J. Roach. Filing fee $ 455, R# 14683003732. (Attachments: #1 Receipt) (Copy mailed to pltf)(nmck, ) |
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Filing 95
ORDER The matter is before the court on the #41 MOTION by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company to Dismiss, now appropriately treated as a motion for summary judgment. For the reasons set forth in the accompanying Memorandum Opinion, It is hereby ORDERED that defendants' motion is GRANTED; accordingly, this matter is DISMISSED WITH PREJUDICE. Should plaintiff wish to appeal, she must file a written notice of appeal with the Clerk's Office within thirty (30) days of the date of this Order. (See order for details). Signed by District Judge T. S. Ellis, III on 1/21/2009. (stas)
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| Filing 94 MEMORANDUM OPINION Re: MOTION to Dismiss by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. Signed by District Judge T. S. Ellis, III on 1/21/2009. (stas) |
| Filing 93 Reply to #92 Memorandum to Plaintiff's Supplemental Memorandum filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) |
| Filing 92 Supplemental Memorandum filed by Crystal J. Roach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(jcor, ) |
| Filing 91 Memorandum in Support re #41 MOTION to Dismiss supplemental brief per Court's Order filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) |
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Filing 90
ORDER, that on Deft's representation that the initiation of eviction proceedings was an inadvertant violation of the 5/6/08 #13 Order of this Court and that prompt steps have been taken to abate the ongoing eviction proceedings pending resolution of this lawsuit, for reasons stated from the Bench - Pltff's #85 Motion for TRO and preliminary injunction is DENIED AS MOOT. /s/ by District Judge T. S. Ellis, III on 12/30/09. Hard copy mailed to Pltff pro se. (tbul, )
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| Filing 89 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 12/30/2008 re: #85 MOTION for Temporary Restraining Order filed by Crystal J. Roach. Appearances: Pltff, pro se; Stephen Fowler for Deft. Court to enter an order dismissing the motion for TRO, based on counsel for Deft's representation that eviction notice proceedings will be dismissed. Order to follow. (Court Reporter Rodriquez.) (tbul, ) |
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Filing 88
ORDER, for good cause, setting Deadlines as to #85 MOTION for Temporary Restraining Order and preliminary injunction: Motion Hearing set for 12/30/2008 at 11:00 AM before District Judge T. S. Ellis III.. /s/ by District Judge T. S. Ellis, III on 12/29/09. (tbul, )
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| Filing 87 NOTICE of Hearing on Motion #85 MOTION for Temporary Restraining Order : Motion Hearing set for 1/9/2009 at 10:00 AM before District Judge T. S. Ellis III. (Attachments: #1 Proposed Order)(jcor, ) |
| Set/Reset Deadlines as to #85 MOTION for Temporary Restraining Order. Motion Hearing re-set for 12/30/2008 at 11:00 AM before District Judge T. S. Ellis III. (tbul, ) |
| Set/Reset Deadlines as to #85 MOTION for Temporary Restraining Order. Motion Hearing set for 12/30/2008 at 11:00 AM before District Judge T. S. Ellis III, per chambers, and called counsel (left voicemail messages). (tbul, ) Modified on 12/29/2008 (tbul, ). |
| Filing 86 Memorandum in Support of #85 MOTION for Temporary Restraining Order filed by Crystal J. Roach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(jcor, ) |
| Filing 85 MOTION for Temporary Restraining Order and Preliminary Injunction by Crystal J. Roach. (jcor, ) |
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Filing 84
ORDER that the parties are DIRECTED to file supplemental memoranda addressing whether, assuming plaintiff were able to prove fraudulent concealment that equitably tolled TILA's statute of limitations until January 2007, plaintiff's filing of a Chapter 13 bankruptcy petition further tolled TILA's statute of limitations during pendency of the bankruptcy proceedings between September 2007 and February 2008; specifically, the parties are to proceed in accordance with the following schedule: 1. defendants are DIRECTED to file a supplemental memorandum addressing the effect, if any, of plaintiff's Chapter 13 bankruptcy petition on TILA's statute of limitations by 5:00 p.m., Friday, January 2, 2009; 2. plaintiff is DIRECTED to file a supplemental memorandum in response by 5:00 p.m., Friday, January 9, 2009; and 3. defendants are DIRECTED to file a supplemental memorandum in reply, if necessary, by 5:00 p.m., Tuesday, January 13, 2009. Unless otherwise ordered, the Court will thereafter decide the instant motion on the papers without further oral argument. (See order for details). Signed by District Judge T. S. Ellis, III on 12/19/2008. (stas)
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Filing 83
ORDERED that defendants' #41 Motion to Dismiss is taken under advisement. Signed by District Judge T. S. Ellis, III on 11/06/2008. (nmcc)
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| Filing 82 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 11/6/2008 re defts' #41 MOTION to Dismiss: matter taken under advisement. Appearances: Crystal Roach, pltf; Stephen Fowler for defts.(Court Reporter M. Rodriquez) (nmcc) |
| Filing 80 Response to #79 Remark,,, Plaintiff's Supplemental Briefing filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) |
| Filing 81 NOTICE of Submission by Crystal J. Roach re #79 Remark. Exhibit U was inadvertently missing. (Attachments: #1 Exhibit U)(jcor, ) |
| Filing 79 Plaintiff's Supplemental Briefing in Opposition to Defendants' motion to dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit V, #22 Exhibit W, #23 Exhibit X, #24 Exhibit Y, #25 Exhibit Z, #26 Exhibit AA, #27 Exhibit BB, #28 Exhibit CC, #29 Exhibit DD, #30 Exhibit EE, #31 Exhibit FF, #32 Exhibit GG, #33 Exhibit HH, #34 Exhibit II, #35 Exhibit JJ, #36 Exhibit KK, #37 Exhibit LL)(jcor, ) |
| Filing 77 Memorandum Supplemented per Court's Oct. 10 Order to #41 MOTION to Dismiss Supplemented per Court's Oct. 10 Order filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fowler, Stephen) |
| Filing 78 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 10/10/2008 re deft's #7 MOTION to Dismiss. Supplemental briefing shall be filed by the parties as follows: 1) Pltf shall file supplemental briefing by 5:00 p.m. on 10/24/08; 2) Deft shall file supplemental briefing response by 5:00 p.m. on 10/31/08. Matter cont'd: Motion Hearing set for 11/6/2008 at 3:00 PM before District Judge T. S. Ellis III. (Court Reporter Sandy Cox (McCoy)) (nmcc) |
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Filing 76
ORDERED that a ruling on the instant motion is DEFERRED pending supplemental briefing and argument by the parties according to the following schedule: (1) plaintiff is DIRECTED to file a supplemental memorandum by 5:00 p.m., Friday, 10/24/08. In that memorandum, plaintiff is to list, with specificity, the following: See Order for details. (2) Defendants are DIRECTED to submit a supplemental memorandum in response by 5:00 p.m., Friday, 10/31/08 (3) All parties are DIRECTED to appear for a hearing on the instant motion at 3:00 p.m. Signed by District Judge T. S. Ellis, III on 10/10/08. (jcor, )
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Filing 75
ORDERED counsel for defendants is DIRECTED to submit a supplemental memorandum by 5:00 p.m., Wednesday, 10/15/08, specifically identifying the document that it alleges includes the disclosure of plaintiff's three-day right to rescind as required by 1635. Signed by District Judge T. S. Ellis, III on 10/10/08. (jcor, )
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| Reset Deadlines as to #41 MOTION to Dismiss. Motion Hearing set for 10/10/2008 at 01:30 PM before District Judge T. S. Ellis III. (clar, ) |
| Reset Deadlines as to #59 MOTION to Continue. Motion Hearing set for 10/10/2008 at 01:30 PM before District Judge T. S. Ellis III. (clar, ) |
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Filing 74
ORDER denying without prejudice #70 MOTION for an Order that the Court issue a new FRCP Rule 16(b) scheduling order. Signed by Magistrate Judge John F. Anderson on 10/7/2008. (rban, )
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| Filing 73 Memorandum in Opposition re #70 MOTION that the court issue a new FRCP Rule 16(b) scheduling order filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) |
| Filing 72 NOTICE of Hearing on Motion #70 MOTION that the court issue a new FRCP Rule 16(b) scheduling order : Motion Hearing set for 10/10/2008 at 10:00 AM before Magistrate Judge John F. Anderson. (Attachments: #1 Proposed Order)(clar, ) |
| MOTIONS REFERRED to Magistrate Judge: Anderson. #70 MOTION that the court issue a new FRCP Rule 16(b) scheduling order (clar, ) |
| Filing 71 Memorandum in Support re #70 MOTION that the court issue a new FRCP Rule 16(b) scheduling order filed by Crystal J. Roach. (jcor, ) |
| Filing 70 MOTION for an Order that the Court issue a new FRCP Rule 16(b) scheduling order by Crystal J. Roach. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(jcor, ) (told to notice) |
| Filing 69 TRANSCRIPT of Proceedings held on 9/5/08 before Judge John F. Anderson. Court Reporter: Norman B. Linnell. (jcor, ) |
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Filing 68
ORDERED - ORDER denying #63 Motion for Subpoenas without prejudice to plaintiff to refiling this request after a decision is made on the pending Motion to dismiss (Docket NO. 41). Signed by Magistrate Judge John F. Anderson on 09/05/2008. (nbla, )
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| Filing 67 Minute Entry for proceedings held before Magistrate Judge John F. Anderson: Motion Hearing held on 9/5/2008 re #63 MOTION for subpoenas filed by Crystal J. Roach. Appearances; of counsel. Motion is ARGUED and DENIED. ORDER TO FOLLOW. (Tape #ftr.) (nbla, ) |
| Filing 66 Memorandum in Opposition re #63 MOTION for subpoenas filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) |
| Filing 65 Reply Memorandum in opposition to Motion re #34 MOTION to Dismiss, #41 MOTION to Dismiss filed by Crystal J. Roach. (jcor, ) (Additional attachment(s) added on 9/2/2008: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (jcor, ). |
| Filing 64 NOTICE of Hearing on Motion #63 MOTION for subpoenas : Motion Hearing set for 9/5/2008 at 10:00 AM before Magistrate Judge John F. Anderson. (clar, ) |
| Filing 63 MOTION for subpoenas by Crystal J. Roach. (Attachments: #1 Proposed Order)(clar, ) |
| MOTIONS REFERRED to Magistrate Judge: Anderson. #63 MOTION for subpoenas (clar, ) |
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Filing 62
ORDERED that plaintiff's motion is granted. The hearing on defendants' motion to dismiss shall be held on 10/10/08 at 10:00 a.m. Signed by District Judge T. S. Ellis, III on 8/25/08. (jcor, )
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| Notice of Correction re #54 Notice of Hearing Date. The filing user has been notified to file future documents with the correct signature block as to the Certificate of Service. (clar, ) |
| Set Deadlines as to #41 MOTION to Dismiss. Motion Hearing set for 9/19/2008 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 61 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Final Pretrial Conference held on 8/21/2008: Parties not present. (Court Reporter M. Rodriquez) (nmcc) |
| Filing 55 REPLY to Response to Motion re #41 MOTION to Dismiss filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 7, #6 Exhibit 6, #7 Exhibit 7)(Fowler, Stephen) |
| Filing 54 Notice of Hearing Date re #51 MOTION for leave to withdraw as counsel for plaintiff (DeVita, James) Modified text on 8/22/2008 (clar, ). |
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Filing 53
ORDERED that the motion for leave to withdraw as counsel of record filed by James Butler, Esq. and James A. Devita, Esq. is GRANTED and these attorneys, as well as Bryan Aldron, Esq., are accordingly WITHDRAWN as counsel of record for plaintiff in this case; plaintiff's second motion for extension of time in which to respond to defendant's motion to dismiss plaintiff's amended complaint, filed on plaintiff's behalf by counsel, is DENIED as untimely; Plaintiff, who is now proceedings in this matter pro se, may have an additional period, until 5:00 p.m., Wednesday, 9/10/08, in which to file her response to defendants' motion to dismiss her amended complaint. In this regard, plaintiff is advised pursuant to Roseboro v. Garrison, 528 F. 2d 309 (4th Cir. 1975) that she has the right to file counter-affidavits (sworn statements subject to the penalty of perjury), or other responsive material contesting the affidavits or records filed by defendant in this matter. In the event plaintiff fails to file any responsive material by the 9/10/08 deadline, defendant's motion will be decided on the existing record; the hearing on defendants' motion to dismiss plaintiff's amended complaint will be held, as previously scheduled, at 10:00 a.m., 9/19/08. Signed by District Judge T. S. Ellis, III on 8/20/08. (jcor, )
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| Filing 60 NOTICE of Correction/Replaicement Page by Crystal J. Roach re #57 Brief in Support. (Attachments: #1 Page 5 Corrected)(clar, ) |
| Filing 57 Memorandum of points and authorities in Support of #56 Opposition to defendants' 41 MOTION to Dismiss filed by Crystal J. Roach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit D, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(clar, ) (Additional attachment(s) added on 8/25/2008: #22 Exhibit E) (clar, ). |
| Notice of Correction re #48 Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss, #51 First MOTION to Withdraw as Attorney. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (jcor, ) |
| Filing 59 MOTION for continuation tog. w/Notice of hearing for 10/10/08 @ 10:00am by Crystal J. Roach. (Attachments: #1 Proposed Order)(clar, ) |
| Filing 58 NOTICE of Hearing on opposition to dismiss Motion Hearing set for 10/2/2008 at 10:00 AM before District Judge T. S. Ellis III. (per TSE chambers pltf need to file a motion)(clar, ) |
| Filing 56 Opposition to defendants' #41 MOTION to Dismiss filed by Crystal J. Roach. (Attachments: #1 Proposed Order)(clar, ) |
| Set Deadlines as to #59 MOTION for Continuation. Motion Hearing set for 10/10/2008 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 52 Memorandum in Support re #51 First MOTION to Withdraw as Attorney filed by Crystal J. Roach. (DeVita, James) |
| Filing 51 First MOTION to Withdraw as Attorney by Crystal J. Roach. (Attachments: #1 Proposed Order)(DeVita, James) |
| Filing 50 Memorandum in Opposition re #48 Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) |
| Filing 49 Memorandum in Support re #48 Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss filed by Crystal J. Roach. (DeVita, James) |
| Filing 48 Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Crystal J. Roach. (Attachments: #1 Proposed Order)(DeVita, James) |
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Filing 47
ORDERED that plaintiff's motion is GRANTED. The hearing on defendant's motion to dismiss shall be held on 9/19/08 at 10:00 a.m. Signed by District Judge T. S. Ellis, III on 8/8/08. (jcor, )
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| Reset Deadlines as to #41 MOTION to Dismiss. Motion Hearing set for 9/19/2008 at 10:00 AM before District Judge T. S. Ellis III. (jcor, ) |
| Filing 46 First MOTION to Continue the Hearing date on Defendant's Motion to Dismiss September 19, 2008 by Crystal J. Roach. (Attachments: #1 Proposed Order, #2 Memorandum of law)(DeVita, James) |
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Filing 45
ORDERED that plaintiff's motion is GRANTED. Plaintiff shall have until 8/18/08 to respond to defendants' motion. Signed by District Judge T. S. Ellis, III on 8/5/08. (jcor, )
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| Deadlines as to #41 MOTION to Dismiss. Responses due by 8/18/2008 (jcor, ) |
| Notice of Correction re #44 First MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss Amended Complaint. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (jcor, ) |
| Notice of Correction re #44 First MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss Amended Complaint. The filing user has been notified that the attachment (memorandum in support and proposed order) was erroneously combined with the main document. The filing user has been notified to file future documents with the correct signature block on your certificate of service.(jcor, ) |
| Filing 44 First MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss Amended Complaint by Crystal J. Roach. (DeVita, James) |
| Set Deadlines as to #41 MOTION to Dismiss. Motion Hearing set for 9/12/2008 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 43 Notice of Hearing Date re #41 MOTION to Dismiss (Fowler, Stephen) |
| Filing 42 Memorandum in Support re #41 MOTION to Dismiss filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fowler, Stephen) |
| Filing 41 MOTION to Dismiss by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) |
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Filing 40
So Ordered granting #39 NOTICE of Dismissal of Defendant 1st Principle Mortgage LLC pursuant to FRCP 41(a)(1)(A)(i) filed by Crystal J. Roach. Signed by District Judge T. S. Ellis, III on 7/23/08. (klau, )
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| Filing 39 NOTICE by Crystal J. Roach Notice of Dismissal (DeVita, James) |
| Filing 38 NOTICE of Appearance by James Arthur DeVita on behalf of Crystal J. Roach (DeVita, James) |
| Filing 37 TRANSCRIPT of Proceedings held on 6/6/08 before Judge T.S. Ellis, III. Court Reporter: Michael Rodriquez. (klau, ) |
| Set Deadline as to #34 MOTION to Dismiss by 1st Principle Mortgage LLC. Motion Hearing set for 9/12/2008 at 10:00 AM before District Judge T. S. Ellis III. (stas) |
| Filing 36 Notice of Hearing Date set for September 12, 2008 re #34 MOTION to Dismiss (Casey, Brian) |
| Filing 35 Brief in Support to #34 MOTION to Dismiss Amended Complaint filed by 1st Principle Mortgage LLC. (Attachments: #1 Exhibit Adjustable Rate Note)(Casey, Brian) |
| Filing 34 MOTION to Dismiss by 1st Principle Mortgage LLC. (Casey, Brian) |
| Notice of Correction re #33 Amended Complaint. The signature block on the document does not match the filing users login. The filing user has been notified and has been asked to either refile the document or to have the attorney whose signature block appears on the document refile the document. (jcor, ) |
| Filing 33 AMENDED COMPLAINT Crystal J. Roach against 1st Principle Mortgage LLC, filed by Crystal J. Roach.(Waldron, Bryan) |
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Filing 32
ORDERED that plaintiff's motion for Reconsideration #29 is DENIED; plaintiff is granted an extension to time until 5:00 p.m., Wednesday, 7/9/08, in which to file an amended complaint in this matter, subject to the strict requirements of Rule 11, F.R.C.P., as well as the possibility of sanctions for any Rule 11 violations found to have been committed in connection with the filing of any amended complaint. In the event plaintiff declines to file an amended complaint by 7/9/08, this matter will promptly be closed and placed among the ended causes. Signed by District Judge T. S. Ellis, III on 7/2/08. (jcor, )
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| Filing 31 Memorandum in Opposition re #29 First MOTION for Reconsideration filed by 1st Principle Mortgage LLC. (Casey, Brian) |
| Notice of Correction re #29 First MOTION for Reconsideration. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (jcor, ) |
| Filing 30 Memorandum in Support re #29 First MOTION for Reconsideration filed by Crystal J. Roach. (Waldron, Bryan) |
| Filing 29 First MOTION for Reconsideration by Crystal J. Roach. (Attachments: #1 Proposed Order)(Waldron, Bryan) |
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Filing 28
ORDER : For the reasons stated from the bench, it is hereby ordered that the two #18 #7 Motions to Dismiss are GRANTED. It is further ordered that plaintiff's complaint is hereby DISMISSED in its entirety against all defendants without prejudice. It is further ordered that plaintiff is granted leave to file an amended complaint by 5:00 p.m. Monday, June 16, 2008. In the event plaintiff declines to file an amended complaint by 6/16/08, this matter will promptly be closed and placed among the ended causes. Signed by District Judge T. S. Ellis, III on 6/6/2008. (lhin, )
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| Filing 27 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 6/6/2008. Appearance of counsel made. #18 Motion To Dismiss filed by 1st Principle Mortgage - GRANTED w/o prejudice. #7 Motion to Dismiss filed by Option One, H & R Block, Deutsch Bank - GRANTED w/o prejudice. All claims dismissed as to all defendants. Court strikes out of time Response to Motion to Dismiss. Plaintiff has ten (10) days to file Amended Complaint. (Court Reporter Rodriguez.) (lhin, ) |
| Notice of Correction re #26 Response in Opposition to Motion. The filing user has been notified to file future documents with the correct signature block. (jcor, ) |
| Filing 26 RESPONSE in Opposition re #7 MOTION to Dismiss, #18 MOTION to Dismiss filed by Crystal J. Roach. (Waldron, Bryan) |
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Filing 25
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Upon consideration of the representations made in the Joint Discovery Plan and for the reasons discussed during the pretrial conference, the court makes the following rulings: (1) All discovery shall be concluded by August 15, 2008. (2) The Joint Discovery Plan is approved as revised by paragraphs 4 and 12 of this order and shall control discovery to the extent of its application unless further modified by the court. SEE ORDER FOR MORE DETAILS. Signed by Magistrate Judge John F. Anderson on 06/04/2008. (nbla, )
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| Filing 24 Minute Entry for proceedings held before Magistrate Judge John F. Anderson: Initial Pretrial Conference held on 6/4/2008. Appearances of counsel of record(atty; Casey via telephone). Discovery plan approved as amended. ORDER TO ISSUE. (nbla, ) |
| Filing 23 Discovery Plan by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company.(Fowler, Stephen) Modified on 6/2/2008 to edit docket text (rban, ). |
| Filing 22 NOTICE of Appearance by John Franklin, III on behalf of 1st Principle Mortgage LLC (Franklin, John) |
| Set Deadlines as to #18 MOTION to Dismiss. Motion Hearing set for 6/6/2008 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 21 Financial Interest Disclosure Statement (Local Rule 7.1) by 1st Principle Mortgage LLC. (Casey, Brian) |
| Filing 20 Notice of Hearing Date re #18 MOTION to Dismiss (Casey, Brian) |
| Filing 19 Brief in Support to #18 MOTION to Dismiss filed by 1st Principle Mortgage LLC. (Casey, Brian) |
| Filing 18 MOTION to Dismiss by 1st Principle Mortgage LLC. (Casey, Brian) |
| Notice of Correction re #16 Notice of Hearing Date. The filing user selected the wrong event. Notice of Hearing Date was selected, and the filing user should have filed the proposed order in paper form in the Clerks Office. The filing user has been advised to file the proper documents in the future with the clerks office. (clar, ) |
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Filing 17
ORDER for Pro hac vice of James Quincy Butler Filing fee $ 50, receipt number 100008162. Signed by District Judge T. S. Ellis, III on 5/15/08. (Attachments: #1 Letter, #2 Receipt)(jcor, )
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| Filing 16 Notice of Hearing Date June 6, 2008 re #7 MOTION to Dismiss (Waldron, Bryan) |
| Reset Deadlines as to #7 MOTION to Dismiss. Motion Hearing set for 6/6/2008 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Notice of Correction re #14 MOTION to Continue Motion to Dismiss Hearing. The filing user has been notified to file a Notice of Hearing Date. (jcor, ) |
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Filing 15
ORDER upon consideration of the plaintiff, Crystal Roach Motion to Continue the Motion to Dismiss Hearing #14 , and it appearing that the grounds exist for granting the relief sought by the Motion; the Motion to Dismiss Hearing in this case be continued to 10:00 a.m., Friday, 6/6/08. Signed by District Judge T. S. Ellis, III on 5/13/08. (jcor, )
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| Filing 14 MOTION to Continue Motion to Dismiss Hearing by Crystal J. Roach. (Attachments: #1 Proposed Order)(Waldron, Bryan) |
| Notice of Correction re #12 First MOTION to Continue Pretrial Conference. The filing user has been notified to file a Notice of Hearing Date.(jcor, ) |
| Filing 12 First MOTION to Continue Pretrial Conference by Crystal J. Roach. (Attachments: #1 Proposed Order)(Waldron, Bryan) |
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Filing 13
So Ordered re #11 Withdraw of Motion filed by Crystal J. Roach. Signed by District Judge T. S. Ellis, III on 5/6/2008. (rban, )
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| Filing 11 Withdraw of Motion by Crystal J. Roach Plaintiff's Withdrawl of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit)(Waldron, Bryan) |
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Filing 10
SCHEDULING ORDER: Discovery due by 8/15/2008. Final Pretrial Conference set for 8/21/2008 at 11:00 AM before District Judge T. S. Ellis III. Initial Pretrial Conference set for 6/4/2008 at 10:00 AM before Magistrate Judge John F. Anderson. Signed by District Judge T. S. Ellis, III on 5/1/08. (Attachments: #1 Mag. Consent Form, #2 Pretrial notice)(jcor, )
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| Filing 9 Notice of Hearing Date set for May 16, 2008 re #7 MOTION to Dismiss (Fowler, Stephen) |
| Filing 8 Memorandum in Support re #7 MOTION to Dismiss filed by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) Modified on 6/2/2008 to edit docket text (rban, ). |
| Filing 7 MOTION to Dismiss by Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company. (Fowler, Stephen) Modified on 6/2/2008 to edit docket text(rban, ). |
| Filing 6 CERTIFICATE of Service re #4 Memorandum in Support by Bryan James Waldron on behalf of Crystal J. Roach (Waldron, Bryan) |
| Filing 5 Notice of Hearing Date set for 05/09/2008 re #2 First MOTION for Temporary Restraining Order and Preliminary Injunction, #3 MOTION for Preliminary Injunction (Waldron, Bryan) |
| Notice of Correction re #7 MOTION to Dismiss, #8 Memorandum in Support, #9 Notice of Hearing Date. The filing user has been notified to file future documents with the correct signature block as to the Certificate of Service. (clar, ) |
| Notice of Correction re #6 Certificate of Service. The filing user has been notified to file future documents with a proper case caption. (jcor, ) |
| Set Deadlines as to #7 MOTION to Dismiss. Motion Hearing set for 5/16/2008 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Notice of Correction re #5 Notice of Hearing Date. The filing user selected the wrong event. Notice of Hearing date was selected, and the filing user should have filed the proposed order in paper form in the clerks office. The filing user has been advised to file the proper document with the clerks office. (clar, ) |
| Notice of Correction re #4 Memorandum in Support, #3 MOTION for Preliminary Injunction. The filing user has been notified to file future documents with the correct signature block; The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument; The filing user has been notified to file a separate Certificate of Service; The filing user has been notified to file future documents with proper case caption. (rban, ) |
| Filing 4 Memorandum in Support re #3 MOTION for Preliminary Injunction filed by Crystal J. Roach. (Attachments: #1 Proposed Order)(Waldron, Bryan) |
| Filing 3 MOTION for Preliminary Injunction by Crystal J. Roach. (Waldron, Bryan) |
| Notice of Correction re #2 First MOTION for Temporary Restraining Order and Preliminary Injunction. The filing user has been notified to file future documents with the correct signature block; The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument; The filing user has been notified that the attachment Memorandum in Support and Order were erroneously combined with the main document; The filing user has been notified to file the document separately for each motion relief.(rban, ) |
| Filing 2 First MOTION for Temporary Restraining Order and Preliminary Injunction by Crystal J. Roach. (Waldron, Bryan) |
| Notified Attorney Bryan James Waldron to Register for ECF. (rban, ) |
| Filing 1 COMPLAINT against 1st Principle Mortgage LLC, Option One Mortgage Corp., H&R Block, Deutsche Bank Trust Company, Clayton Holdings, Inc., ECG Real Estate Services, and Bierman, Geesing & Ward, LLC ( Filing fee $ 350 receipt number 100007148.), filed by Crystal J. Roach. (Attachments: #1 Receipt, #2 Civil Cover Sheet)(rban, ) Modified on to edit docket text 6/2/2008 (rban, ). |
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