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17-242 - Smallwood v. Willow Way LLC et al


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17-242 - Smallwood v. Willow Way LLC et al
March 7, 2017
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AMENDED FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned WITHDRAWS his March 6, 2017 Findings, Conclusions and Recommendation of the United States Magistrate Judge [Dkt. No. 29]. The Court should find that (1) Plaintiffs' respective Agreed Motions to Dismiss Certain Defendants [Dkt. Nos. 24 & 25] are stipulated dismissals, which are effective without court action, and that Defendant Barrett Daffin Frappier Turner & Engel, LLP has been voluntarily dismissed under Federal Rule of Civil Procedure 41(a)(1)(A)(i) and Defendants Richard Anderson and Anderson Vela, LLP have been voluntarily dismissed under Federal Rule of Civil Procedure 41(a)(1)(A)(ii); (2) the Court has subject matter jurisdiction over this action; and (3) Barrett Daffin's Motion to Dismiss [Dkt. No. 14] is moot. (Ordered by Magistrate Judge David L. Horan on 3/7/2017) (mcrd)
March 28, 2017
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ORDER ACCEPTING 30 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge A. Joe Fish on 3/28/2017) (twd)
June 29, 2017
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AMENDED FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendant Bank of America, N.A.'s Motion to Dismiss [Dkt. No. 8] and Willow Way LLC, Richard Anderson and Anderson Vela's Motion to Dismiss [Dkt. No. 19]. In particular, the Court should dismiss with prejudice Plaintiffs Ernest C. Smallwood Jr. and Eartha Y. Smallwood's claims for violation of the statute of limitations, quiet title and trespass to try title, negligent misrepresentation, and breach of common law tort of unreasonable collection efforts, dismiss without prejudice Plaintiffs' claims for breach of contract and intentional infliction of emotional distress, and deny without prejudice Plaintiffs' requests for declaratory judgment, a temporary restraining order, and the other forms of relief that they seek. (Ordered by Magistrate Judge David L. Horan on 6/29/2017) (mcrd)
July 25, 2017
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ORDER ACCEPTING 40 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge A. Joe Fish on 7/25/2017) (axm) Modified linkage on 7/25/2017 (axm).
July 25, 2017
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ORDER ACCEPTING 42 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge A. Joe Fish on 7/25/2017) (axm)
December 7, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Plaintiffs' Motion for Reconsideration of Approval of Findings and Conclusions of Magistrate and to Set Aside Certain Findings and Conclusions of Magistrate [Dkt. No. 53] and modify its Order Accepting Findings and Recommendation of the United States Magistrate Judge [Dkt. No. 46] to provide that Defendant Bank of America, N.A.'s Motion to Dismiss [Dkt. No. 8] and Willow Way LLC, Richard Anderson and Anderson Vela's Motion to Dismiss [Dkt. No. 19] are denied as to Plaintiffs Ernest C. Smallwood, Jr., and Eartha Y. Smallwood's statute of limitations claim and that Plaintiffs Ernest C. Smallwood, Jr., and Eartha Y. Smallwood's statute of limitations claim is not dismissed and may proceed in this case. (Ordered by Magistrate Judge David L. Horan on 12/7/2017) (mcrd)
January 2, 2018
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46]) is hereby AMENDED to provide that defendant Bank of America, N.A.'s motion to dismiss (docket entry 8) and Willow Way LLC, Richard Anderson and Anderson Velas motion to dismiss (docket entry 19) are DENIED as to plaintiffs Ernest C. Small Order Accepting 60 Findings and Recommendations re: 53 Motion for Reconsideration filed by Ernest C Smallwood, Jr. The court's previous order accepting findings and recommendation of the United States Magistrate Judge (docket entry [wood, Jr. and Eartha Y. Smallwood's statute of limitations claim. Plaintiffs Ernest C. Smallwood, Jr. and Eartha Y. Smallwood's statute of limitations claim is NOT DISMISSED and may proceed in this case. (Ordered by Senior Judge A. Joe Fish on 1/2/2018) (epm)