Powell et al v. Bank of America
| Janice F. Powell and Charles A. Powell |
| Bank of America |
| 1:2018cv00824 |
| July 3, 2018 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Ivan D Davis |
| Truth in Lending |
| 15 U.S.C. § 1601 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2018. A more recent docket listing may be available from PACER.
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| Filing 23 CLERK'S JUDGMENT: JUDGMENT is hereby entered in favor of the defendant Bank of America. (yguy) (c/s to pro se pltf) |
Filing 22
ORDER: For the reasons stated in the accompanying Memorandum Opinion, defendant's Motion to Dismiss [Dkt. No. 13] is GRANTED, and it is hereby ORDERED that plaintiffs' Second Amended Complaint [Dkt. No. 10] be and is DISMISSED. To appeal this decision, plaintiffs must file a written Notice of Appeal with the Clerk of this Court within 30 days of the entry of this Order. A written Notice of Appeal is a short statement stating a desire to appeal an order, including the date of the order plaintiffs want to appeal. Plaintiffs need not explain the grounds for appeal until so directed by the appellate court. Failure to file a timely Notice of Appeal waives plaintiffs' right to appeal this decision.. Signed by District Judge Leonie M. Brinkema on 10/23/18. (yguy) (c/s to pro se pltf)
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Filing 21
MEMORANDUM OPINION: As discussed above, this Complaint is difficult to comprehend, but clearly tries to relitigate issues which have already been adjudicated in both a state court and a federal court proceeding. As such, plaintiffs' claims must be dismissed as barred by res judicata and collateralestoppel. In addition, all claims exceed the relevant statute of limitations and are therefore time-barred, and plaintiffs are not eligible for equitable relief. Therefore, defendant's Motion to Dismiss [Dkt. No. 13] will be GRANTED by an appropriate Order to be issued with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 10/23/18. (yguy) (c/s to pro se pltf)
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Filing 20
ORDERED that the Court finds that Oral Argument will not aid the decisional process re #13 MOTION to Dismiss and that the motion will be decided on the papers submitted; directing that the hearing currently set for 10:00am on Friday, October 19, 2018 is Cancelled. Signed by District Judge Leonie M. Brinkema on 10/15/2018. (aott,c/m 10/15/2018)
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| Filing 19 Opposition to re re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Charles A. Powell, Janice F. Powell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(lcre, ) |
| Filing 18 AMENDED SUMMONS Returned Executed by Charles A. Powell, Janice F. Powell Bank of America served on 8/22/2018, answer due 9/12/2018 (lcre, ) |
| Set Deadlines as to #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,.. Motion Hearing set for 10/19/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, ) |
| Filing 17 Financial Interest Disclosure Statement (Local Rule 7.1) by Bank of America. (Chaney, Heather) |
| Filing 16 Notice of Hearing Date set for October 19, 2018 re #14 Roseboro Notice, #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,., #15 Memorandum in Support, (Chaney, Heather) |
| Filing 15 Memorandum in Support re #13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Bank of America. (Attachments: #1 Exhibit A - Memorandum Opinion dated 12/12/16, #2 Exhibit B - First Amended Complaint, #3 Exhibit C - Order regarding Motion for Summary Judgment, #4 Exhibit D - Consent Order)(Chaney, Heather) |
| Filing 14 Roseboro Notice as to Bank of America, N.A.'s Motion to Dismiss by Bank of America (Chaney, Heather) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Bank of America. (Attachments: #1 Proposed Order)(Chaney, Heather) |
| Filing 12 AMENDED Summons Issued as to Bank of America. (lcre, ) |
| Filing 11 Response to re #7 Order, filed by Charles A. Powell, Janice F. Powell. (Attachments: #1 Proposed Summons)(lcre, ) |
| Filing 10 SECOND AMENDED COMPLAINT against Bank of America, filed by Charles A. Powell, Janice F. Powell. (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)(lcre, ) |
| Filing 9 SUMMONS Returned Executed by Charles A. Powell, Janice F. Powell Bank of America served on 7/10/2018, answer due 7/31/2018 (Attachments: #1 Envelope)(lcre, ) |
| Filing 8 NOTICE of Appearance by Heather Britton Chaney on behalf of Bank of America (Chaney, Heather) |
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Filing 7
ORDER- It is hereby ORDERED that before any summons may issue from the court, plaintiffs must file a Second Amended Complaint, which will be their final amended complaint in this civil action, which contains all of the intended paragraphs and which includes page numbers. This civil action will be dismissed if plaintiffs do not resolve these issued within fourteen (14) days from the date of this ORDER. Signed by District Judge Leonie M. Brinkema on 7/24/2018. (lcre, )(c/s to Plaintiffs)
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| Filing 6 FIRST AMENDED COMPLAINT against Bank of America, filed by Charles A. Powell, Janice F. Powell. (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)(lcre, ) (Additional attachment(s) added on 7/24/2018: #12 Exhibit L) (lcre, ). |
| Filing 5 Proposed Summons by Charles A. Powell, Janice F. Powell. (lcre, ) |
| Filing 4 Response to re #3 Order,, filed by Charles A. Powell, Janice F. Powell. Modified on 7/24/2018 to file correct document and modify attachments (lcre, ). |
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Filing 3
ORDER - It is hereby ORDERED that before any summons may issue from the court, plaintiff must under the penalty of perjury, clarify exactly who the intended plaintiff or plaintiffs are. If Janet F. Powell is a plaintiff, her name must be added to the caption, she must sign the complaint herself or have her attorney sign it, and plaintiff must certify that he signed the complaint and explain who Jimmie Randolph is. This civil action will be dismissed if plaintiff does not resolve these issues within twenty-one (21) days from the date of this Order. The Clerk is directed to forward copies of this Order to plaintiff, pro se. Signed by District Judge Leonie M. Brinkema on 7/6/18. (gwalk, ) c/s
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| Filing 2 Summons Issued as to Bank of America. (lcre, ) |
| Filing 1 COMPLAINT against Bank of America ( Filing fee $ 400, receipt number 14683073432.), filed by Charles A. Powell, Janice F. Powell. (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 Receipt)(lcre, ) |
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