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15-932 - Federal Home Loan Mortgage Corporation v. Kantz


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15-932 - Federal Home Loan Mortgage Corporation v. Kantz
July 22, 2016
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REPORT AND RECOMMENDATION: Magistrate Judge Bryant RECOMMENDS that FYI's motion to ascertain Freddie Mac's Article III standing and status as real party in interest 33 be GRANTED and FYI's motions to strike 53 56 be DENIED. Should the District Judge adopt this report and recommendation, the undersigned RECOMMENDS that Freddie Mac be DIRECTED to file an amended complaint within 21 days of adoption of this report and recommendation, Mr. Kantz be GRANTED 30 days to file an amended answer and any counterclaims or third-party claims, Mr. Kautz's motion to file an amended answer and amended counter complaint 88 be DENIED as moot, and the pending motions to strike or dismiss Mr. Kantz's counterclaim and third-party claims 11 34 be DENIED as moot without prejudice. Signed by Magistrate Judge John S. Bryant on 7/22/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 25, 2016
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REPORT AND RECOMMENDATION: Flex Yield Investments, LLC ("FYI") has filed a motion to sever. (Doc. 77). For the following reasons, the Magistrate Judge RECOMMENDS that the motion to sever (Doc. 77) be DENIED as premature without prejudice. Signed by Magistrate Judge John S. Bryant on 7/25/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
August 12, 2016
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ORDER: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 139), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved. Accordingly, Intervenor Flex Yield Investments, LLC's Motion to Sever (Docket No. 77) is DENIED without prejudice as premature. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 8/12/16. (xc:Pro se party by regular and certified mail.)(af)
August 26, 2016
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ORDER: The Court has reviewed de novo the Report and Recommendation, the Objections, and the file. Given the Second Amended Complaint in Intervention 145, filed after the Report and Recommendation, the Intervenor's Motion to Ascertain Freddie Mac's Article III Standing and Status as a Real Party in Interest 33 is moot. The Intervenor has dismissed all its claims against Freddie Mac. Thus, the portion of the Report and Recommendation concerning Freddie Mac's filing an amended complaint to establish its standing and status as a real party in interest is overruled as moot. No objections have been filed as to the other recommendations of the pending Report and Recommendation. Therefore, the remainder of the Report and Recommendation is adopted and approved. Accordingly, Defendant Kantz's Motion to File an Amended Answer and Amended Counter-Complaint 88 is GRANTED, and the Clerk is directed to file the Amended Answer and Counter-Claim attached as Docket No. 88-1. The pending Motions to Strike or Dismiss 11 and 34 are DENIED without prejudice. In addition, the Intervenor's Motion to Strike and Amended Motion to Strike 53 and 56 are DENIED. Signed by District Judge Todd J. Campbell on 8/26/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 29, 2018
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REPORT AND RECOMMENDATION re 11 MOTION to Strike Dismiss filed by Rubin Lublin TN, PLLC, 34 MOTION to Dismiss Counterclaim and to Strike Third Party Complaint filed by Federal Home Loan Mortgage Corporation, Bank of America, NA. In light of the foregoing, the Magistrate Judge RECOMMMENDS that Rubin Lublin's Motion to Strike or Dismiss (Doc. No. 11) and Federal Home Loan Mortgage Corporation and Bank of America, N.A.'s Motion to Dismiss Counterclaim and to Strike Third Party Complaint (Doc. No. 34) be GRANTED. Any party has fourteen days from receipt of this Report and Recommendation in which to file any written objections to it with the District Court. Any party opposing those objections shall have fourteen days from receipt of any objections filed in which to file any response. Failure to file specific objections within fourteen days of receipt of this Report and Recommendation can constitute a waiver of further appeal of the findings and conclusions that it makes. Signed by Magistrate Judge Alistair Newbern on 3/29/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
April 19, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting 34 Motion to Dismiss; granting 11 Motion to Strike; adopting Report and Recommendations re 238 Report and Recommendation. Signed by District Judge William L. Campbell, Jr on 4/19/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)