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14-10321 - HMC Assets, LLC solely in its capacity as Separate Trustee of CAM Mortgage Trust 2013-1 v. Conley


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14-10321 - HMC Assets, LLC solely in its capacity as Separate Trustee of CAM Mortgage Trust 2013-1 v. Conley
August 22, 2016
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Magistrate Judge Marianne B. Bowler: ORDER entered. MEMORANDUM AND ORDER Re: Motion to Strike the Affidavit of Reneau Longoria (Docket Entry # 80); Motion to Strike the Affidavit of Gary McCarthy (Docket Entry # 70); Plaintiff HMC Assets, LLC Solely in Its Capacity as Separate Trustee of CAM Mortgage Trust 2013-1's Motion for Summary Judgment (Docket Entry # 59). The motions to strike (Docket Entry ## 70, 80) are DENIED. The summary judgment motion (Docket Entry # 59) is ALLOWED as to counts I, II and IV in the amended complaint and counts two, three, four, five and seven of the counterclaim; and otherwise DENIED. Absent a stipulation by the parties with respect to the remaining counts in the amended complaint (counts V and VI) and the counterclaim (counts one and six), this court will conduct a status conference on September 22, 2016 at 2:45 p.m. (Patton, Christine)
March 30, 2017
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Magistrate Judge Marianne B. Bowler: ORDER entered. FINDINGS OF FACT AND CONCLUSIONS OF LAW. The adjudication of the claims in the Memorandum and Order (Docket Entry # 84), the stipulation as to Count V of the amended complaint (Docket Entry # 95), and the voluntary dismissal of Count III of the amended complaint (Docket Entry # 44), HMC as Trustee is entitled to a dismissal without prejudice of Count III of the amended complaint, an Order affirming the terms of the stipulation (Docket Entry # 95) as to Count V of the amended complaint, and a declaration that the March 7, 2014 foreclosure was valid under Count II of the amended complaint. All of the remaining claims in the amended complaint and in the counterclaim have been adjudicated in favor of HMC as Trustee. The amount of damages for the breach of contract claim in Count I of the amended complaint, however, remains outstanding. HMC as Trustee is instructed to advise this court within ten days whether it wishes to pursue such damages. (Patton, Christine)
April 11, 2017
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Magistrate Judge Marianne B. Bowler: ORDER entered. Order Re: Plaintiff's Notice Regarding Count I and Request for Final Judgment and Issuance of Writ of Assistance (Docket Entry # 113). (Patton, Christine)
April 11, 2017
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Magistrate Judge Marianne B. Bowler: ORDER entered. FINAL JUDGMENT. The issues having been duly heard and decisions rendered, it is ORDERED and DECLARED that the March 7, 2014 foreclosure is valid and that plaintiff HMC Assets, LLC, solely in its capacity as separate trustee of CAM Mortgage Trust 2013-1, ("HMC") is entitled to possession of the property. Defendant Marion R. Conley shall take nothing on the counterclaims and this action shall be dismissed in accordance with the previous rulings by this court. HMC is awarded costs. (Patton, Christine)