Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

16-1156 - Bank of America, N.A. v. Smith et al


Download Files

Metadata

Document in Context
16-1156 - Bank of America, N.A. v. Smith et al
December 22, 2016
PDF | More
REPORT AND RECOMMENDATIONS: It is recommended that Defendants' removal petition should be DENIED for lack of subject matter jurisdiction, and this case be REMANDED to the Hamilton County Court of Common Pleas. In addition to remanding this case, the Court should require Defendants to pay the amount of $400.00 to the Clerk of Court as a sanction for filing a wholly frivolous petition for removal of this case. The Court should certify that an appeal of this Order would not be taken in good faith and therefore deny Defendants leave to appeal in forma pauperis. Signed by Magistrate Judge Stephanie K. Bowman on 12/22/16. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 4, 2017
PDF | More
SUPPLEMENTAL REPORT AND RECOMMENDATIONS: It is recommended that the R&R filed on 12/22/16 shall stand, except that the Bank of America's 10 Motion to Remand should be GRANTED as an alternative basis for remand in addition to the reasons previously stated. Objections to R&R due by 1/18/2017. Signed by Magistrate Judge Stephanie K. Bowman on 1/4/17. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 21, 2017
PDF | More
ORDER ADOPTING 9 and 16 REPORT AND RECOMMENDATIONS: it is ORDERED that the Report and Recommendation filed on December22, 2016 (Doc. 9) shall stand with the exception that the motion to remand by Bank of America is GRANTED as an alternative basis for remand. it is ORDERED that the Report and Recommendation filed on December 22, 2016 (Doc. 9) shall stand with the exception that the motion to remand by Bank of America is GRANTED as an alternative basis for remand. The Court requires defendants to pay the amount of $400.00 to the Clerk of Court as a sanction for filing a wholly frivolous petition for removal of this case. The motion for waiver of pacer fees by defendants (Doc. 16) is hereby DENIED as moot. Signed by Judge Susan J. Dlott on 4/21/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 1, 2017
PDF | More
REPORT AND RECOMMENDATIONS re 19 MOTION for Leave to Appeal in forma pauperis filed by Demetrious Smith, 20 MOTION for Leave to Appeal in forma pauperis filed by Amy K. Smith, 23 Plaintiffs' Petition for Review. IT IS RECOMMENDED THAT: (1) Defendants' motions for leave to proceed in forma pauperis on appeal 19 20 should be DENIED; (2) Defendants' miscellaneous "motion" or "petition for review 23 also should be DENIED; (3) To the extent the "Amended Certificate of Service" 25 is intended to be construed as a motion to amend a prior filing, it should be DENIED; (4) Based upon Defendants' contumacious conduct in continuing to clog the docket of this case with frivolous motions and petitions filed after remand, the Court should instruct the Clerk of Court to refuse any further filings in the above-captioned case, with the sole exception of any timely permissible Objections to this Report and Recommendation. If other petitions or motions are inadvertently accepted by the Clerk and filed in this case, they should be summarily denied and/or stricken from the record; (5) Last, Defendants should be and are hereby warned in the strongest possible terms that they may be subjected to future non-monetary sanctions, as well as additional monetary sanctions, if they continue vexatious filings in this federal court in any other case, including any future attempt to again improperly remove actions from state court to this federal court. Objections to R&R due by 6/15/2017. Signed by Magistrate Judge Stephanie K. Bowman on 6/1/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 8, 2017
PDF | More
ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS: Accordingly, defendants motions for leave to proceed in forma pauperis on appeal(Docs. 19 and 20) are DENIED. Defendants miscellaneous motion or petition for review (Doc. 23) is DENIED. To the extent the Amended Certificate of Service (Doc. 25) is intended to be construed as a motion to amend a prior filing it also is DENIED. Based upon defendants contumacious conduct in continuing to clog the docket of this case with frivolous motions and petitions filed after remand, the Court instructs the Clerk of Court to refuse any further filings in the above - captioned case, with the sole exception of any timely permissible objections to the Report and Recommendation. If other petitions or motions are inadvertently accepted by the Clerk and filed in this case, they will be summarily denied and or stricken from the record. Finally, defendants will be and are warned in the strongest possible terms that they may be subjected to future non-monetary sanctions, as well as additional monetary sanctions, if they continue vexatious filings in this federal court in any other case. Signed by Judge Susan J. Dlott on 9/8/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)