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12-604 - Thomason v. One West Bank, FSB, Indy Mac Bank, et al. (MAG+)


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12-604 - Thomason v. One West Bank, FSB, Indy Mac Bank, et al. (MAG+)
September 5, 2012
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE that Dft's 6 MOTION to Dismiss be GRANTED and that this action be DISMISSED with prejudice against dft; Objections to R&R due by 9/19/2012. Signed by Honorable Judge Terry F. Moorer on 9/5/2012. (wcl, )
February 22, 2013
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SUPPLEMENTAL REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE as follows: 1. The Plaintiff's Motions to Amend his Complaint (Docs. 17 and 23) be DENIED as Moot. 2. This case be DISMISSED pursuant to Fed. R. Civ. Pro. 12(b)(6) with prejudice. Objections to R&R due by 3/11/2013. Signed by Honorable Judge Terry F. Moorer on 2/22/2013. (dmn, )
March 28, 2013
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/28/2013. (wcl, )
March 28, 2013
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf's 17 & 28 Objections are overruled; (2) The US Magistrate Judge's 15 & 27 Recommendations are adopted; (3) Plf's 17 & 23 Motions to Amend are denied; (4) Dft's 6 Motion to Dismiss is granted; (5) This lawsuit is dismissed in its entirety with prejudice; further ORDERED that plf's 29 Motion for Discovery and Scheduling Order is denied; further ORDERED that costs are taxed against plf, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/28/2013. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
March 11, 2016
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OPINION AND ORDER: Pending before the court are the 56 Motion to Dismiss filed by defendants OneWest Bank, FSB, Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-BackedTrust Series INAPS 2006-A, Home Equity Mortgage Loan Asset-Backed Certificates Series INABS 2006-A and Mortgage Electronic Registration Systems, Inc., and defendant Eva Bank's 66 Motion to Dismiss and/or Require a More Definite Statement. Also pending before the court are plaintiff's motions for summary judgment, one contained within his response to the motion to dismiss (doc. no. 68) and one filed separately (doc. no. 69), as well as defendants motionto strike (doc. no. 71) plaintiffs second motion for summary judgment.On 3/1/2016, the United States Magistrate Judge entered an order (doc. no. 76) explaining that, after careful review of the amended complaint (doc. no.49), he determined that the plaintiff may benefit from participation in the Pro Se Assistance Program (PSAP). The undersigned agrees. Accordingly, it is ORDERED as follows: (1) The motions to dismiss the amended complaint (doc. nos. 56 and 66) are denied with leave to renew. (2) The motion to require a more definite statement (doc. no. 66) is granted. The magistrate judge is toset an appropriate deadline for producing said more definite statement, once the issue of counsel for plaintiff has been resolved. (3) The motions for summary judgment (doc. nos. 68and 69) are denied as premature. (4) The motion to strike (doc. no. 71) the motions for summary judgment is denied as moot. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/11/2016. (dmn, )
March 1, 2017
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge as follows: (1) The Dfts' 93, 94, & 99 Motions to Dismiss be GRANTED in part and DENIED in part; (2) The motions to dismiss be DENIED as to Plf's claims brought against all Dfts pursuant to the Real Estate Settlement Procedures Act 12 USC 2601 RESPA; (3) The Motions to Dismiss be GRANTED as to Plf's claims brought pursuant to Equal Credit Opportunity Act, 15 USC 1691(a); the Fair Debt Collection Protection Act, 15 USCA 1692a; RICO Conspiracy, 18 USC 1962 and 18 USC 1341 and the Alabama Deceptive Trade Practices Act; (4) The Motions to Dismiss be GRANTED on Plf's claims for discrimination brought pursuant to 42 USC 1981, 1982 with respect to the origination proceedings which all occurred prior to 3/3/2013, and shall be DENIED as to Plf's claims for discrimination brought pursuant to 42 USC 1981, 1982 with respect to any modification proceedings occurring after 3/3/2013; (5) The Motions to Dismiss be GRANTED on Plf's claim for violations the Fair Housing Act, 42 USC 3605 with respect to the origination proceedings which all occurred prior to 3/3/2013 and shall be DENIED as to Plf's claims for violations of the Fair Housing Act, 42 USC 3605 with respect to any modification proceedings occurring after 3/3/2013; (6) Plf's 98 Motion for Leave of Court to File by Notice of Errata and or Motion to Amend Complaint be DENIED. The denial as to the evidentiary attachments is without prejudice to file the attachments in a later pleading; (7) Dft EvaBank's 104 Motion to Strike Affidavit be GRANTED to the extent it seeks the Court disregard the evidence attached to Document 102, Affidavit of Luscious Trimble; (8) Plf's 105 Motion for Leave to File an Affidavit and Motion for Summary Judgment be DENIED without prejudice; Objections to R&R due by 3/15/2017. Signed by Honorable Judge Terry F. Moorer on 3/1/2017. (wcl, )
March 22, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/22/2017. (wcl, )
March 22, 2017
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf's 111 objections are overruled, except to the extent set forth in the opinion entered today; (2) Dfts' 109 & 110 objections are overruled with leave to renew the arguments at the summary-judgment stage; (3) The US Magistrate Judge's 108 recommendation is adopted, with the exception set forth in the opinion entered today; (4) Dfts' 93, 94, and 99 motions to dismiss are granted in part, without prejudice, and denied in part, as further set out in order; (5) Plf's 98 motion for leave to amend the complaint is denied without prejudice; (6) Dft Eva Bank's 104 motion to strike affidavit is granted to the extent it requests the court disregard the 102-1 affidavit attached to plf's 102 response brief; (7) Plf's 105 motion for leave to file an affidavit and motion for summary judgment are denied without prejudice; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed, and is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/22/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
February 12, 2018
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that the Dfts' 175 & 182 Motions for Summary Judgment be GRANTED in full that Plf's 186 Motion for Summary Judgment be DENIED and that all other pending motions be DENIED as Moot; Objections to R&R due by 2/26/2018. Signed by Honorable Judge Terry F. Moorer on 2/12/2018. (wcl, )
March 26, 2018
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/26/2018. (wcl, )
March 26, 2018
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf's 212 objections are overruled; (2) The US Magistrate Judge's 205 recommendation is adopted; (3) Dfts' 175 & 182 motions for summary judgment are granted; (4) Plf's 186 motion for summary judgment is denied; (5) All other pending motions are denied as moot; (6) Judgment is entered in favor of dfts and against plf, with plf taking nothing by his complaint; further ORDERED that costs are taxed against plf, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/26/2018. (Attachments: # (1) Civil Appeals Checklist) (wcl, )