Webb et al v. Ellis et al
Plaintiff: Bernard Webb and Judy Webb
Defendant: Sarah C. Ellis, Tyler Carpenter and Steptoe & Johnson PLLC
Case Number: 3:2018cv01495
Filed: December 6, 2018
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Truth in Lending
Cause of Action: 15 U.S.C. § 1635
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2019 Filing 17 TRANSMITTED CERTIFIED COPY of #16 Agreed Dismissal Order to counsel of record. (jsa)
January 29, 2019 Opinion or Order Filing 16 AGREED DISMISSAL ORDER directing that all claims between the parties arising out of the transaction be DISMISSED with prejudice; further directing Plaintiffs' 13 Supplemental Authority As To Questions Raised At December 18, 2018 Hearing On Preliminary Injunction to be stricken from the record upon Plaintiffs' withdrawal of the same. Signed by Judge Robert C. Chambers on 1/29/2019. (cc: counsel of record) (jsa)
January 28, 2019 Filing 15 PROPOSED ORDER Agreed Dismissal Order by Bernard Webb, Judy Webb (Nolan, Jed)
January 7, 2019 Opinion or Order Filing 14 ORDER directing that this action be STAYED pending settlement; further directing that the parties submit an agreed order of dismissal by 2/7/2019; if the parties fail to submit an agreed dismissal order, the Court will enter an order dismissing the case without prejudice. Signed by Judge Robert C. Chambers on 1/7/2019. (cc: counsel of record; any unrepresented parties) (jsa)
December 20, 2018 Filing 13 STRICKEN PURSUANT TO THE #16 ORDER. (Modified on 1/29/2019 to note that the Supplemental Authority has been stricken pursuant to the #16 order) (mkw).
December 18, 2018 Opinion or Order Filing 12 ORDER issuing a preliminary injunction that will remain in effect until 1/27/2019 at 10:30 a.m. subject to any further order of this Court; on or before 1/7/2019, defendants may advise and provide citations to this Court of specific instances of Plaintiffs raising the issue of the TILA through their supplemental briefing in the state court record; this Order shall take effect on this day at 10:30 a.m. Signed by Judge Robert C. Chambers on 12/18/2018. (cc: counsel of record; any unrepresented parties) (jsa)
December 18, 2018 Filing 11 PRELIMINARY INJUNCTION HEARING held by Judge Robert C. Chambers on 12/18/2018; Court Reporter: Kathy Swinhart. (trj)
December 16, 2018 Filing 10 MOTION by Bernard Webb, Judy Webb for Settlement Conference with the Court re: #5 Temporary Restraining Order (Smith, Gary)
December 14, 2018 Filing 9 REPLY by Bernard Webb, Judy Webb to #8 Response In Opposition. (Attachments: #1 Exhibit 1 9.13.16 Note, #2 Exhibit 2 9.13.16 Deed of Trust)(Smith, Gary) (Modified on 12/14/2018 to remove link to #4 motion) (ts).
December 12, 2018 Filing 8 RESPONSE by Tyler Carpenter, Sarah C. Ellis, Steptoe & Johnson PLLC in opposition to #4 MOTION by Bernard Webb, Judy Webb for Temporary Restraining Order and Preliminary Injunction (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)(Ramey, Ancil)
December 12, 2018 Filing 7 NOTICE OF CORRECTION OF RECORD by Bernard Webb, Judy Webb re: #1 Complaint for Declaratory Judgment, #4 MOTION by Bernard Webb, Judy Webb for Temporary Restraining Order and Preliminary Injunction, #5 Temporary Restraining Order (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Gary)
December 11, 2018 Filing 6 CERTIFICATE OF SERVICE by Bernard Webb, Judy Webb for Verified Complaint for Declaratory and Injunctive Relief, Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, Summonses, Temporary Restraining Order. (Nolan, Jed)
December 10, 2018 Opinion or Order Filing 5 TEMPORARY RESTRAINING ORDER granting Plaintiffs' #4 MOTION for Temporary Restraining Order pending a hearing for a preliminary injunction set for 12/18/2018 at 10:30 AM in Huntington before Judge Robert C. Chambers; enjoining defendants and any other entities not to schedule or conduct any trustee sale until further Order of the Court; Defendants shall have until 12/13/2018 at 12:00 p.m. to file a Response to Plaintiffs' #4 Motion for Preliminary Injunction; Plaintiffs shall have until 12/14/2018 at 12:00 p.m. to file a Reply; directing Plaintiffs' counsel to immediately notify Defendants of this Order and the hearing through appropriate means and file corresponding certificates of service with the Court; this temporary restraining order shall expire at the conclusion of the preliminary injunction hearing unless otherwise extended by Order of this Court; waiving the posting of a bond by Plaintiffs. Signed by Judge Robert C. Chambers on 12/10/2018. (cc: counsel of record; any unrepresented parties) (jsa)
December 10, 2018 SET DEADLINES as to #4 MOTION by Bernard Webb, Judy Webb for Preliminary Injunction; Responses due by 12/13/2018 at 12:00 PM, Replies due by 12/14/2018 at 12:00 PM, pursuant to the #5 Temporary Restraining Order. (jsa)
December 7, 2018 Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (jsa)
December 7, 2018 Filing 2 ELECTRONIC SUMMONS ISSUED as to Tyler Carpenter, Sarah C. Ellis, Steptoe & Johnson PLLC, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 summons as to Tyler Carpenter, #2 summons as to Steptoe & Johnson PLLC) (jsa)
December 6, 2018 Filing 4 MOTION by Bernard Webb, Judy Webb for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit, #2 Proposed Order) (jsa)
December 6, 2018 Filing 1 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing Fee $400.00. Receipt # AWVSDC-6987558. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet) (jsa)
December 6, 2018 CASE assigned to Judge Robert C. Chambers. (klc)

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Plaintiff: Bernard Webb
Represented By: Gary M. Smith
Represented By: Jed Robert Nolan
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Plaintiff: Judy Webb
Represented By: Gary M. Smith
Represented By: Jed Robert Nolan
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Defendant: Sarah C. Ellis
Represented By: Ancil G. Ramey
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Defendant: Tyler Carpenter
Represented By: Ancil G. Ramey
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Defendant: Steptoe & Johnson PLLC
Represented By: Ancil G. Ramey
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