Montgomery v. Northwest Trustee Service
| Shellise Montgomery |
| Helvetica Funding Group, W L Crow Trust, Northwest Trustee Service, Helvetica Capital Funding, Tri Point Mortgage, John Doe, Mary Doe, Stinson Financial, Litton Loan Servicing and Escrow Professionals |
| 2:2009cv00159 |
| February 5, 2009 |
| US District Court for the Western District of Washington |
| Truth in Lending Office |
| King |
| John C Coughenour |
| Truth in Lending |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 55 JUDGMENT BY COURT - THE COURT HAS ORDERED THAT: Defendants' moiton for summary judgment is GRANTED. This action is DISMISSED with prejudice. (MD) Modified on 10/29/2010-mailed copy of judgment to pltf (MD). |
Filing 54
ORDER granting #47 Defendants' Motion for Summary Judgment. The Court DISMISSES this action with prejudice by Judge John C Coughenour.(MD) Modified on 10/29/2010-mailed copy of order to pltf (MD).
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| Filing 53 NOTICE of Change of Address of Attorney Melissa Williams Romeo. Filed by Defendants Helvetica Capital Funding, Northwest Trustee Service. (Williams Romeo, Melissa) |
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Filing 52
ORDER by Judge John C Coughenour. The Court continues the following pretrial and trial ddls: Pretrial Order due by 1/28/2011, Voir dire/jury instructions/trial briefs due by 2/3/2011, Jury Trial is set for 2/7/2011 before Judge John C Coughenour. (CL) (cc: pltf)
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| Filing 51 CERTIFICATE OF SERVICE by Defendants Helvetica Capital Funding, Northwest Trustee Service re #47 MOTION for Summary Judgment, #48 Memorandum, #49 Declaration, #50 Declaration. (Williams Romeo, Melissa) |
| Filing 50 DECLARATION of Chad Mestler filed by Defendants Helvetica Capital Funding, Northwest Trustee Service re #47 MOTION for Summary Judgment (Williams Romeo, Melissa) |
| Filing 49 DECLARATION of Michael Goodman filed by Defendants Helvetica Capital Funding, Northwest Trustee Service re #47 MOTION for Summary Judgment (Williams Romeo, Melissa) |
| Filing 48 MEMORANDUM filed by Defendants Helvetica Capital Funding, Northwest Trustee Service re #47 MOTION for Summary Judgment (Attachments: #1 Exhibits A-C, #2 Exhibits D-F, #3 Exhibits G-K, #4 Exhibits L-U, #5 Proposed Order)(Williams Romeo, Melissa) |
| Filing 47 MOTION for Summary Judgment by Defendants Helvetica Capital Funding, Northwest Trustee Service. Noting Date 9/3/2010, (Williams Romeo, Melissa) |
| Filing 46 MANDATE of USCA (10-35432) as to #41 Notice of Appeal filed by Shellise Montgomery - Appeal is DISMISSED for lack of jurisdiction. (SA) |
| Filing 45 TIME SCHEDULE ORDER as to #41 Notice of Appeal filed by Shellise Montgomery : Appellants opening brief due by 8/13/10; Appellees response brief due by 9/13/10; Appellants optional reply brief due within 14 days of service of the response brief. (SA) |
| USCA Case Number 10-35432 for #41 Notice of Appeal filed by Shellise Montgomery. (SA) |
| Filing 44 APPEAL NOTIFICATION packet sent to US Court of Appeals re #41 Notice of Appeal (Attachments: #1 Docket)(LMK) |
| Appeal Fees not received: Motion to Proceed In Forma Pauperis on Appeal forwarded to 9th Circuit with #41 Notice of Appeal. (LMK) |
| Filing 43 APPLICATION To Proceed In Forma Pauperis on Appeal filed by Plaintiff Shellise Montgomery. Motion forwarded to 9th Circuit with Notice of Appeal. (LMK) |
| Filing 42 Civil Appeals Docketing Statement by Plaintiff Shellise Montgomery, to be transmitted by Clerk to Circuit Court of Appeals. (LMK) |
| Filing 41 NOTICE OF APPEAL (10-35432) as to #40 Order on Motion for Summary Judgment filed by Plaintiff Shellise Montgomery. (LMK) Modified on 5/11/2010 (SA). |
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Filing 40
ORDER Granting #32 Dft Litton Loan Servicing's Motion for Summary Judgment, by Judge John C Coughenour. Dft Litton Loan Servicing terminated. (CL) (cc: pltf S. Montgomery)
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| Filing 39 REPLY (RESPONSE) by Plaintiff Shellise Montgomery re #32 MOTION for Summary Judgment. (RS) |
| Filing 38 DECLARATION re #37 MOTION for Reconsideration by Plaintiff Shellise Montgomery. (RS) |
| Filing 37 MOTION for Reconsideration to pltf's reply brief by Plaintiff Shellise Montgomery. Clerk noted for 3/1/2010, (RS) |
| Filing 36 Supplemental DECLARATION of Teresa Boudreaux in Support of Motion for Summary Judgment filed by Defendant Litton Loan Servicing re #32 MOTION for Summary Judgment (Peterson, Thomas) |
| Filing 35 REPLY, filed by Defendant Litton Loan Servicing, TO RESPONSE to #32 MOTION for Summary Judgment (Peterson, Thomas) |
| Filing 34 NOTICE that the following is RE-NOTED: #32 MOTION for Summary Judgment. Filed by Defendant Litton Loan Servicing. Noting Date 2/19/2010, (Peterson, Thomas) |
| Filing 33 DECLARATION of Teresa Boudreaux filed by Defendant Litton Loan Servicing re #32 MOTION for Summary Judgment (Peterson, Thomas) |
| Filing 32 MOTION for Summary Judgment by Defendant Litton Loan Servicing. (Attachments: #1 Proposed Order) Noting Date 1/22/2010, (Peterson, Thomas) |
| Filing 31 MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: McGrath; Counsel: Montgomery/Williams/Asher; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar. Pretrial and trial schedule are set as follows: Jury Trial is set for 9/20/2010 at 09:30 AM before Judge John C Coughenour. Pretrial Order due by 9/10/2010, Pleading amendment/3rd pty action due by 1/8/2010, Trial briefs to be submitted by 9/16/2010, Proposed voir dire/jury instructions due by 9/16/2010, (JM) |
| Attorney Adam R. Asher for Litton Loan Servicing added per #30 Answer to Amended Complaint. (KN) |
| Filing 30 ANSWER to #9 Amended Complaint by Litton Loan Servicing.(Peterson, Thomas) |
| Filing 29 MINUTE ENTRY for proceedings held before Judge John C Coughenour- Dep Clerk: Mahnke; Pla Counsel: NotPresent; Def Counsel: Williams/Peterson; CR: McGrath; Status Conference held on 8/18/2009. The Court ORDERS plaintiff to appear and show cause why sanctions should not be imposed for Failure to Appear. A Show Cause Hearing set for 10/6/2009 at 09:00 AM before Judge John C Coughenour. (JM) |
| Filing 28 NOTICE of Appearance by attorney Thomas F. Peterson on behalf of Defendant Litton Loan Servicing. (Peterson, Thomas) |
| Filing 27 REPLY by Plaintiff Shellise Montgomery to #23 Surreply. (Attachments: #1 Exhibit, #2 Declaration of Service). (KL) |
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Filing 26
ORDER Denying Pltf's #16 Emergency Motion for Preliminary Injunction by Judge John C Coughenour.(CL) (cc: pltf S. Montgomery).
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| Filing 25 CERTIFICATE OF SERVICE by Plaintiff Shellise Montgomery re #24 Memorandum. (KL) |
| Filing 24 MEMORANDUM IN SUPPORT filed by Plaintiff Shellise Montgomery re #16 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (KL) |
| Filing 23 SURREPLY filed by Defendants Northwest Trustee Service, Helvetica Capital Funding re #16 MOTION for Preliminary Injunction (Attachments: #1 Declaration of Service)(Williams, Melissa) |
| Filing 22 REPLY, filed by Plaintiff Shellise Montgomery, TO RESPONSE to #16 MOTION for Preliminary Injunction (Attachments: #1 Exhibit, #2 Certificate of Service)(KL) |
| Filing 21 RESPONSE, by Defendants Northwest Trustee Service, Helvetica Capital Funding, to #16 MOTION for Preliminary Injunction. (Attachments: #1 Exhibits A - H, #2 Exhibits I - R, #3 Declaration of Service)(Williams, Melissa) |
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Filing 20
STIPULATION AND ORDER of DISMISSAL WITH PREJUDICE, by Judge John C Coughenour. Tri Point Mortgage terminated. The parties to bear their own costs. (KL) (cc: Pltf: Shellise Montgomery.)
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| Filing 19 MINUTE ORDER by John C. Coughenour, United States District Judge. The Court RENOTES for 6/24/09 Pltf's Emergency Motion for Injunction, docket no. #16 . Defendants Northwest Trustee Service and Helvetica Funding Group respond ddl 6/19/09, Plf reply ddl 6/24/09. (cc: pltf Shellise Montgomery).(CL) |
| Filing 18 DECLARATION OF SERVICE of discovery requests by Plaintiff Shellise Montgomery. (CL) |
| Filing 17 DECLARATION OF SERVICE by Plaintiff Shellise Montgomery re #16 MOTION for Preliminary Injunction. (CL) |
| Filing 16 EMERGENCY MOTION for Injunction by Plaintiff Shellise Montgomery. Oral Argument Requested. (Attachments: #1 Exhibits 1-12, #2 Declaration of service) Noting Date 6/10/2009. (CL) (Additional attachment(s) added on 6/15/2009: #3 page 9 (showing pltf's signature)) (CL). |
| Filing 15 STIPULATION AND PROPOSED ORDER OF DISMISSAL WITH PREJUDICE by parties. (Marquez-Garrett, Laura) |
| Filing 14 CERTIFICATE OF SERVICE of mailing (certified mail) of summons to: Helvetica Group, Escrow Professionals, Litton Loun, Melissa Williams, NW Trustee/Helvetica/Roth Crubtre, Douglas Davis, Laura Garrett/Foster Peper, Tripont Mortgage. (CL) |
| Filing 13 ANSWER to #9 Amended Complaint by Northwest Trustee Service, Helvetica Capital Funding.(Williams, Melissa) |
| Filing 12 NOTICE of Appearance by attorney Melissa S. Williams on behalf of Defendants Northwest Trustee Service, Helvetica Capital Funding. (Williams, Melissa) |
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Filing 11
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM)
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| Filing 10 MINUTE ENTRY setting status conference: The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 8/18/2009 at 09:00 AM before Judge John C Coughenour. (JM) |
| Filing 9 AMENDED COMPLAINT against all defendants with JURY DEMAND, filed by Shellise Montgomery.(VP) |
| Filing 8 PRAECIPE TO ISSUE SUMMONS. Clerk issued summons. Pltf paid filing fee. Rct #SEA26054.(VP) |
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Filing 6
ORDER granting pltf's #5 Motion for Extension of Time to Pay Filing Fee, by Hon. James P. Donohue. Pltf shall have until Friday, May 8, 2009 to pay the required filing fee. If pltf fails to pay the filing fee, this action may be subject to dismissal without prejudice. (cc: S. Montgomery)(VP)
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| Filing 5 MOTION for Extension of Time to Pay Filing Fee re #3 Order; and Motion to Amend Complaint, by Plaintiff Shellise Montgomery. Clerk noted for 3/31/2009 (VP) |
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Filing 3
ORDER denying pltf's #1 Motion for Leave to Proceed in forma pauperis. Pltf is directed to pay the $350 filing fee no later than 3/17/09, by Judge James P. Donohue. (cc S. Montgomery). (VP) Modified on 2/18/2009 (CL).
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| Filing 1 MOTION for Leave to Proceed in forma pauperis before Judge Donohue, filed by Shellise Montgomery. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(DJ) |
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