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11-2676 - Welk et al v. GMAC Mortgage, LLC et al


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11-2676 - Welk et al v. GMAC Mortgage, LLC et al
March 29, 2012
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ORDER granting 18 Motion to Dismiss/General; granting 22 Motion to Dismiss/General; granting 24 Motion to Dismiss/General; granting 29 Motion to Dismiss/General; denying 36 Motion to Remand to State Court; granting 51 Motion to Dismiss/General; granting 72 Motion for Sanctions; denying 92 Motion to Remand to State Court; granting 109 Motion to Alter/Amend/Supplement Pleadings; denying AS MOOT 110 Motion for TRO; granting 111 Motion to Withdraw as Attorney; denying 119 Motion to Withdraw as Attorney. (Written Opinion). SEE ORDER FOR DETAILS. Signed by Judge Patrick J. Schiltz on 03/29/12. (bjs)
August 8, 2012
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ORDER. IT IS HEREBY ORDERED THAT: 1. With the exception of claims against defendant GMAC Mortgage, LLC, all claims against all defendants are DISMISSED WITH PREJUDICE AND ON THE MERITS. 2. Plaintiffs' motion to remand 92 is DENIED except as it pertains to claims against defendant GMAC Mortgage, LLC. 3. Pursuant to the Court's March 29, 2012 order 121, attorney William Butler is ORDERED to pay into Court a sanction of $50,000. 4. Attorney William Butler is ORDERED to pay defendants' attorneys fees as follows: a. On behalf of defendants U.S. Bank, N.A. and U.S. Bank National Association ND, attorney's fees of $5,746.70 to Dorsey & Whitney LLP. b. On behalf of defendant Shapiro & Zielke, LLP, attorney's fees of $3,020 to Shapiro & Zielke, LLP. c. On behalf of defendants Mortgage Electronic Registration Systems, Inc., MERSCORP, Inc., U.S. Bank, N.A., and Deutsche Bank Trust Company Americas, attorney's fees of $10,000 to Faegre Baker Daniels LLP. d. On behalf of Deutsche Bank National Trust Company, attorney's fees of $6,000 to Lindquist & Vennum PLLP. e. On behalf of Deutsche Bank National Trust Company, attorney's fees of $5,000 to Dykema Gossett, LLP and Foley & Mansfield, PLLP. 5. The Court expressly determines, under Fed. R. Civ. P. 54(b), that there is no just reason for delay in entering a final judgment as to all claims against all parties, with the exception of the claims against defendant GMAC. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on August 8, 2012. (clg)
September 10, 2012
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ORDER (Written Opinion) - Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT plaintiff Ian Patterson's motion to alter or amend the judgment, for leave to amend the complaint, and to sever 143 is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Patrick J. Schiltz on 09/10/12. (bjs) Modified on 9/10/2012 (kt).
January 21, 2014
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ORDER - Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: Attorney William B. Butler is HELD IN CONTEMPT for his failure to comply with the Court's August 12, 2013 order 157. The Court will defer a decision on the appropriate remedy for Butler's contempt until the Court is able to determine whether Butler makes a good-faith effort to pay his sanctions as a result of the suspension imposed under D. Minn. L.R. 83.6(b)(1). (Written Opinion). Signed by Judge Patrick J. Schiltz on 1/21/14. (BJS)