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06-091 - McCarley v. Household Finance Corporation III, et al (LEAD CASE)(MAG+)


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06-091 - McCarley v. Household Finance Corporation III, et al (LEAD CASE)(MAG+)
February 27, 2006
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ORDER re 3:06cv93: This court entered an order scheduling a Status Conference for 3/3/2006 at 02:00 PM before Honorable Vanzetta P. McPherson in 3:06cv93, one of fifteen cases filed simultaneously by the plaintiff. All of the cases have now been consolidated, but only one of the defendants has been served with a summons and complaint. See McFarley v. Esposito, 3:06cv0100 (Doc. #5). ORDERED that the defendant Gary R. Esposito ["Esposito"] shall appear in person or through counsel at the status conference referenced supra. Esposito's appearance shall not be construed as a waiver of his right to challenge this court's jurisdiction under FRCP 12(b) or any other legal or equitable defense available to Esposito. Signed by Judge Vanzetta P. McPherson on 2/27/2006. (dmn)
March 17, 2006
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ORDER denying 10 Motion to change the name of lead case . Signed by Judge Vanzetta P. McPherson on 3/17/06. (djy, )
March 17, 2006
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ORDER denying 12 Motion to overturn foreclosure . Signed by Judge Vanzetta P. McPherson on 3/17/06. (djy, )
October 10, 2006
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REPORT AND RECOMMENDATIONS re 1 Complaint filed by George D. McCarley, it is the Recommendation of the Mag Judge that the court take the following action: 1) Dismissal of McCarley's claims against Tim Flynn and Civil Action No. 3:06cv92-MEF, for failure to state a claim; 2) Dismissal of McCarley's claims against J.D. O'Toole and Civil Action No. 3:06cv94-MEF, for failure to state a claim; 3) Dismissal of McCarley's claims against Kenneth H. Robin and Civil Action No. 3:06cv95-MEF, for failure to state a claim; 4) Dismissal of McCarley's claims against Alan W. Jebson and Civil Action No. 3:06cv96-MEF, for failure to state a claim; 5) Dismissal of McCarley's claims against Thomas M.Detelich and Civil Action No. 3:06cv97-MEF, for failure to state a claim; 6) Dismissal of McCarley's claims against Siddarth N. Mehta and Civil Action 3:06cv98-MEF, for failure to state a claim; 7) Dismissal of McCarley's claims against William F. Aldinger, III and Civil Action No. 3:06cv99-MEF, for failure to state a claim; 8) Dismissal of McCarley's claims against Gary S. Esposito and Civil Action No. 3:06cv100-MEF, for failure to state a claim; 10) Dismissal of McCarley's claims against David Dew and Civl Action No. 3:06cv105-MEF, for failure to state a claim; 10)Dismissal of all of the federal constitutional claims against all dfts, for lack of subject-matter jurisdiction; 11) Dismissal of all of McCarley's claims under the Truth in Lending Act against all dfts, as untimely; 12) Dismissal of McCarley's claims under the Real Estate Settlement Procedures Act against KMPG, for failure to state a claim; and 13) Dismissal of all of McCarley's state law contrat claims against all dfts, pursuant to the doctrine of res judicata; If the court adopts the Mag Judge's Recommendation, only five of the original 15 lawsuits will remain pending, to wit, Civil Actions No. 06-93 (Household Finance Corporation III); 06-101 (HSBC Finance Corporation); 06-102 (HSBC Gr. Corp.); 06-103 (Household Mortgage Services, Inc); and 06-104 (HSBC Mortgage Services, Inc) Moreover, if the Recommendation is adopted, the only claim remaining against those dfts will be McCarley's RESPA claim; Objections to R&R due by 10/25/2006. Signed by Judge Vanzetta P. McPherson on 10/10/06. (vma, )
November 15, 2006
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ORDER that plaintiff's 17 Objections are overruled and ADOPTING 16 REPORT AND RECOMMENDATIONS. Plaintiff's claims against Tim Flynn and Civil Action No. 3:06cv92-MEF, are DISMISSED for failure to state a claim. Plaintiff's claims against J. D. O'Toole and Civil Action No. 3:06cv94-MEF, are DISMISSED for failure to state a claim. Plaintiff's claims against Kenneth H. Robin and Civil Action No. 3:06cv95-MEF, are DISMISSED for failure to state a claim. Plaintiff's claims against Alan W. Jebson and Civil Action No. 3:06cv96-MEF, are DISMISSED for failure to state a claim. Plaintiff's claims against Thomas M. Detelich and Civil Action No. 3:06cv97-MEF, are DISMISSED for failure to state a claim. Plaintiff's claims against Siddarth N. Mehta and Civil Action No. 3:06cv98-MEF, are DISMISSED for failure to state a claim. Plaintiff's claims against William F. Aldinger, III Civil Action No. 3:06cv99-MEF, are DISMISSED for failure to state a claim. Plaintiff's claims against Gary S. Esposito and Civil Action No. 3:06cv100-MEF, are DISMISSED for failure to state a claim. Plaintiff's claims against David Dew and Civil Action No. 3:06cv105-MEF, are DISMISSED for failure to state a claim. All of plaintiff's federal constitutional claims against all defendants are DISMISSED for lack of subject matter jurisdiction. All of plaintiff's claims under the Truth in Lending Act against all defendants, as untimely, are DISMISSED. Plaintiff's claims under the Real Estate Settlement Procedures Act against KMPG are DISMISSED for failure to state a claim. All of plainitff's state law contract claims against all defendants, pursuant to the doctrine of re judicata, are DISMISSED. This case is REFERRED back to the Magistrate Judge for appropriate proceedings. Signed by Judge Mark E. Fuller on 11/15/2006. (Attachments: #(1) Civil Appeals Checklist)(dmn)
March 22, 2007
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REPORT AND RECOMMENDATIONS that Plaintiff's 35 MOTION for Default Judgment/Sanctions Bad Faith Actions of Defendant be DENIED. Objections to R&R due by 4/4/2007. Signed by Judge Wallace Capel Jr. on 3/22/2007. (dmn)
April 11, 2007
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ORDER ADOPTING 42 REPORT AND RECOMMENDATION. Plaintiff's 35 Motion for Default Judgment is DENIED. Signed by Judge Mark E. Fuller on 4/11/2007. (dmn)
April 12, 2007
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RECOMMENDATION of the Magistrate Judge that Plaintiff's claims against all Defendants under 18 U.S.C. 656, 1001, 1005, 1010, 1014,1016, 1032, 1621 are DISMISSED. The Magistrate Judge further RECOMMENDS against all Defendants arising under 12 U.S.C. 1831b, 1831n, 1831o, 1833a are DISMISSED. Consequently, the Magistrate Judge DENIES Plaintiff's Request for Permission to file Brief in Support of Charges for Violation of 12 U[.]S[.]C[.] [] 1833a and Referenced 18 U[.]S[.]C[.] Statutes against remaining Defendants in this Consolidated Case (Doc. #50) as MOOT. The Magistrate Judge further RECOMMENDS that Plaintiff's claim arising under unnamed provisions of Title 15 against all five remaining Defendants are DISMISSED. The Magistrate Judge further RECOMMENDS that Plaintiff's motion for summary judgment (Doc. #38) is DENIED. Consequently, the Magistrate Judge DENIES Defendants' motion to strike (Doc. #52) as MOOT. Objections to R&R due by 4/25/2007. Signed by Judge Wallace Capel Jr. on 4/12/07. (sl, )
May 11, 2007
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ORDER ADOPTING 53 REPORT AND RECOMMENDATIONS. Plaintiff's 54 Request for Judicial Notice, construed as an objection to the Magistrate Judge's Recommendation, is OVERRULED. Plaintiff's 68 Brief in Support of ALMD Jurisdiction for 12 USC 1833a, construed as a supplemental objection to the Magistrate Judge's Recommendation, is OVERRULED. Plaintiff's claims arising under 12 U.S.C. 1831b, 1831,n 1831o, and 1833a are DISMISSED. Plaintiff's claims arising under unnamed provisions of Title 15 of the U. S. C. is DISMISSED. Plaintiff's claims arising under 18 U.S.C. 656, 1001, 1005, 1010, 1014, 1016, 1032, and 1621 are DISMISSED. Plaintiff's 38 Motion for Summary Judgment is DENIED. This case is REFERRED back to the Magistrate Judge for appropriate action or recommendation on all pretrial matters. Signed by Judge Mark E. Fuller on 5/11/2007. (dmn)
December 20, 2007
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RECOMMENDATION of the Magistrate Judge that defendants' HSBC Mortgage Services Inc., Household Finance Corporation III, HSBC Finance Corporation, HSBC Group Corporation, and Household International, Inc. 77 Joint MOTION for Summary Judgment be granted. Further Recommendation that final judgment be entered against the named plaintiff-George D. McCarley-and in favor of named HSBC Mortgate Services, Inc., Household Finance Corporation III, HSBC Finance Corporation, HSBC Group Corporation and Household International, Inc. Objections to R&R due by 1/2/2008. Signed by Judge Wallace Capel Jr. on 12/20/07. (sl, )
December 20, 2007
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ORDER denying as moot89 Motion to Amend the complaint. Signed by Judge Wallace Capel Jr. on 12/20/07. (sl, )
January 30, 2008
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ORDER denying 118 Motion for Extension of Time. Signed by Judge Mark E. Fuller on 1/30/08. (sl, )
January 30, 2008
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ORDERED that: (1) the plaintiff's 117 objection to the Recommendation of the Magistrate Judge is overruled; (2) the 114 Recommendation of the Magistrate Judge is adopted; (3) defendants' HSBC Mortgage Services, Inc., Household Finance Corporation III, HSBC Finance Corporation, HSBC Group Corporation, and Household International, Inc. 77 joint motion for summary judgment is granted and this case is dismissed with prejudice. Signed by Judge Mark E. Fuller on 1/30/08. (sl, )
January 30, 2008
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FINAL JUDGMENT entered in favor of the defendants and against the plaintiff and this action is dismissed with prejudice. The Clerk of court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Judge Mark E. Fuller on 1/30/08. (Attachments: # (1) Civil Appeals Checklist)(sl, )