Goddard et al v. Roundpoint Mortgage Servicing Corporation et al

Federal Civil Lawsuit Georgia Northern District Court, Case No. 1:11-cv-01545
District Judge Amy Totenberg, presiding
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District Judge Amy Totenberg
Last Updated January 14, 2017 at 3:50 PM EST (9.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Angela Goddard, Plaintiff

Represented by Mbw Law, Llc

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael B. Weinstein +1 404 228 2629 mike.weinstein@mbwlaw.net

Represented by The Fleming Firm

No Logo Don Goddard, Plaintiff

Represented by Mbw Law, Llc

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael B. Weinstein +1 404 228 2629 mike.weinstein@mbwlaw.net

Represented by The Fleming Firm

v.
Federal Deposit Insurance Corporation Federal Deposit Insurance Corporation, Defendant

Represented by Cobb, Olson & Andrle, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Frank Reid Olson +1 770 200 8589 +1 770 635 8589 folson@coalegal.com

Represented by Macey, Wilensky & Hennings LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Todd Harris Surden +1 404 584 1200 +1 404 681 4355 tsurden@maceywilensky.com
No Logo Nationstar Mortgage, LLC, Defendant

Represented by Cobb, Olson & Andrle, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Frank Reid Olson +1 770 200 8589 +1 770 635 8589 folson@coalegal.com

Represented by Macey, Wilensky & Hennings LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Todd Harris Surden +1 404 584 1200 +1 404 681 4355 tsurden@maceywilensky.com
No Logo Roundpoint Mortgage Servicing Corporation, Defendant

Represented by Cobb, Olson & Andrle, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Frank Reid Olson +1 770 200 8589 +1 770 635 8589 folson@coalegal.com

Represented by Macey, Wilensky & Hennings LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Todd Harris Surden +1 404 584 1200 +1 404 681 4355 tsurden@maceywilensky.com
No Logo United Funding Mortgage Corp., Defendant
Attributes
Citation Section 28 U.S.C. § 1444
Nature of Suit 220 - Foreclosure (Diversity)
Timeline
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 53 Filed: 11/13/2012, Entered: None
STIPULATION of Dismissal by Angela Goddard, Don Goddard. (Weinstein, Michael) (Entered: 11/13/2012)
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Legal Document (Payment Possibly Required) 52 Filed: 9/26/2012, Entered: None Court Filing
ORDER: The Court having been advised by Defendants that settlement is expected to be complete by the end of this month, the parties are hereby DIRECTED to report to the Court on October 1, 2012 regarding whether the case has settled. Signed by Magistrate Judge E. Clayton Scofield, III on 9/25/12. (hfm) (Entered: 09/26/2012)
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Legal Document (Payment Possibly Required) 51 Filed: 6/29/2012, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge E. Clayton Scofield, III: Telephone Conference held on 6/29/2012. Mr. Surden reported that all matters appear to be in order for settlement. The parties shall either file settlement documents as soon as practicable or report to the Court if settlement negotiations do not progress. (rvb) (Entered: 07/10/2012)
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Legal Document (Payment Possibly Required) 50 Filed: 6/11/2012, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge E. Clayton Scofield, III: Telephone Conference held on 6/11/2012. Settlement issues are being resolved. The parties shall telephone the Court on June 29, 2012, at 10:00 a.m., to advise of progress. (rvb) (Entered: 06/11/2012)
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Legal Document (Payment Possibly Required) 49 Filed: 5/9/2012, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge E. Clayton Scofield, III: Telephone Conference held on 5/9/2012. The parties will report to the Court by May 25, 2012, on the status. A telephone status conference call with Judge Scofield will take place on June 11, 2012, at 10:00 a.m., to advise of progress. (rvb) (Entered: 05/09/2012)
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Legal Document (Payment Possibly Required) 48 Filed: 3/29/2012, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge E. Clayton Scofield, III: Settlement Conference held on 3/29/2012. The mediation is continued until May 9, 2012, at 10:00 a.m., at which time a telephone conference with the undersigned will take place. (rvb) (Entered: 03/30/2012)
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Legal Document (Payment Possibly Required) 47 Filed: 2/29/2012, Entered: None Court Filing
ORDER scheduling a Settlement Conference for 3/29/2012 at 10:00 AM in ATLA Courtroom 1810 before Magistrate Judge E. Clayton Scofield III. Signed by Magistrate Judge E. Clayton Scofield, III on 02/29/2012. (rvb) (Entered: 02/29/2012)
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Legal Document (Payment Possibly Required) 46 Filed: 2/28/2012, Entered: None Court Filing
ORDER staying 18 Motion for Summary Judgment, staying 34 Motion for Summary Judgment, and staying 43 Motion for Leave to File a Supplemental Complaint. Plaintiffs SHALL provide Defendants' counsel with a letter clearly setting forth Plaintiffs' proposed supplemental claims and which Defendants they would be asserted against no later than March 2, 2012. Counsel for the parties SHALL meet to review any relevant documentation and discuss a potential resolution of this matter no later than March 9, 2012. The Court ORDERS the parties to participate in a mediation of this matter to be conducted by a magistrate judge of this court. The parties are DIRECTED to send to the mediation a representative with full authority to settle the claims. The parties are DIRECTED to schedule the mediation promptly and conclude the mediation by April 2, 2012. If the parties instead agree upon a private mediator, they SHALL notify the magistrate judge promptly and proceed to mediate with that private mediator by April 2, 2012. All deadlines are STAYED pending the mediation. If the case has not settled by April 2, 2012, the parties are DIRECTED to file a proposed scheduling order by April 6, 2012. The Clerk is DIRECTED to REFER this case to the next available magistrate judge for mediation. Signed by Judge Amy Totenberg on 02/28/2012. (rvb) (Entered: 02/28/2012)
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Legal Document (Payment Possibly Required) 45 Filed: 2/28/2012, Entered: None Court Filing
Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 2/28/2012. The Court held a status conference with counsel. Written order to follow referring the case to mediation and setting related deadlines. (Court Reporter David Ritchie)(rvb) (Entered: 02/28/2012)
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Legal Document (Payment Possibly Required) 44 Filed: 2/24/2012, Entered: None
REPLY BRIEF re 34 MOTION for Summary Judgment filed by Nationstar Mortgage LLC. (Surden, Todd) (Entered: 02/24/2012)
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Legal Document (Payment Possibly Required) 43 Filed: 2/23/2012, Entered: None
MOTION for Leave to File a Supplemental Complaint with Brief In Support by Angela Goddard, Don Goddard. (Attachments: # 1 Brief Memorandum of Law in Support of Motion, # 2 Exhibit A to Memo of Law, # 3 Exhibit 1 to Exhibit A, # 4 Exhibit 2 to Exhibit A, # 5 Exhibit B to Memo of Law, # 6 Exhibit C to Memo of Law)(Weinstein, Michael) (Entered: 02/23/2012)
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Legal Document (Payment Possibly Required) 42 Filed: 2/22/2012, Entered: None
CERTIFICATE OF SERVICE of Service of Discovery Materials by Federal Deposit Insurance Corporation.(Surden, Todd) (Entered: 02/22/2012)
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Legal Document (Payment Possibly Required) 41 Filed: 2/15/2012, Entered: None
CERTIFICATE OF SERVICE of Discovery Materials by Federal Deposit Insurance Corporation.(Surden, Todd) (Entered: 02/15/2012)
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Legal Document (Payment Possibly Required) 40 Filed: 2/14/2012, Entered: None
RESPONSE re 8 MOTION to Stay Proceedings and Claims Against the Federal Deposit Insurance Corporation, as Receiver for Colonial Bank Pending Exhaustion of Statutorily Mandated Administrative Remedies Plaintiffs' Response to Suggestion of Bankruptcy Stay filed by Angela Goddard, Don Goddard. (Weinstein, Michael) (Entered: 02/14/2012)
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Legal Document (Payment Possibly Required) 39 Filed: 2/14/2012, Entered: None
STIPULATION of Dismissal as to United Funding Mortgage Corporation by Angela Goddard, Don Goddard. (Weinstein, Michael) (Entered: 02/14/2012)
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Legal Document (Payment Possibly Required) 38 Filed: 2/8/2012, Entered: None
Response to Statement of Material Facts re 34 MOTION for Summary Judgment Plaintiffs' Response to Defendant Nationstar Mortgage, LLC's Statement of Material Facts as to Which There is No Genuine Issue to be Tried filed by Angela Goddard, Don Goddard. (Attachments: # 1 Exhibit A)(Weinstein, Michael) (Entered: 02/08/2012)
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Legal Document (Payment Possibly Required) 37 Filed: 2/8/2012, Entered: None
RESPONSE re 34 MOTION for Summary Judgment Plaintiffs' Responses to Defendant Nationstar Mortgage, LLC's Brief in Support of Its Motion for Summary Judgment filed by Angela Goddard, Don Goddard. (Weinstein, Michael) (Entered: 02/08/2012)
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Legal Document (Payment Possibly Required) 36 Filed: 2/8/2012, Entered: None
Consent MOTION for Extension of Time to Complete Discovery Deadline by which Defendant Federal Deposit Insurance Corporation, as Receiver for Colonial Bank, May Serve Its Responses and Objections to Plaintiffs' Written Discovery by Federal Deposit Insurance Corporation. (Surden, Todd) (Entered: 02/08/2012)
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Legal Document (Payment Possibly Required) 35 Filed: 1/31/2012, Entered: None
SUGGESTION OF BANKRUPTCY Upon the Record by Federal Deposit Insurance Corporation. (Attachments: # 1 Exhibit A)(Surden, Todd) (Entered: 01/31/2012)
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Legal Document (Payment Possibly Required) 34 Filed: 1/18/2012, Entered: None
MOTION for Summary Judgment with Brief In Support by Nationstar Mortgage LLC. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Exhibit Declaration of Jayme Towner)(Surden, Todd) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 01/18/2012)
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Legal Document (Payment Possibly Required) 33 Filed: 1/9/2012, Entered: None
CERTIFICATE OF SERVICE for service of First Requests for Production of Documents to FDIC as Receiver for Colonial Bank by Angela Goddard, Don Goddard.(Weinstein, Michael) (Entered: 01/09/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 1/9/2012, Entered: None
CERTIFICATE OF SERVICE for service of First Interrogatories to FDIC as Receiver for Colonial Bank by Angela Goddard, Don Goddard.(Weinstein, Michael) (Entered: 01/09/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 12/20/2011, Entered: None Court Filing
Guidelines to Parties and Counsel in Cases Proceeding Before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 12/20/2011. (rej) (Entered: 12/20/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 11/3/2011, Entered: None
MOTION for Extension of Time in Which to File a Motion for Summary Judgment by Nationstar Mortgage LLC. (Surden, Todd) (Entered: 11/03/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 10/11/2011, Entered: None
Application for Refund of Fees paid online through Pay.gov for receipt number 113e-3278823. (Surden, Todd) (Entered: 10/11/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 8/24/2011, Entered: None
RESPONSE re 26 Statement of Material Facts filed by Roundpoint Mortgage Servicing Corporation. (Surden, Todd) (Entered: 08/24/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 8/24/2011, Entered: None
REPLY BRIEF re 18 MOTION for Summary Judgment Brief in Support filed by Roundpoint Mortgage Servicing Corporation. (Surden, Todd) (Entered: 08/24/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 8/8/2011, Entered: None
Statement of Material Facts re 18 MOTION for Summary Judgment filed by Angela Goddard, Don Goddard. (Weinstein, Michael) Modified on 8/9/2011 to delete duplicate text (rvb). (Entered: 08/08/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 8/8/2011, Entered: None
Response to Statement of Material Facts re 18 MOTION for Summary Judgment filed by Angela Goddard, Don Goddard. (Attachments: # 1 Exhibit A)(Weinstein, Michael) Modified on 8/9/2011 to delete duplicate text (rvb). (Entered: 08/08/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 8/8/2011, Entered: None
RESPONSE re 18 MOTION for Summary Judgment Plaintiff's Response to Defendant Roundpoint's Brief in Support of Its Motion for Summary Judgment filed by Angela Goddard, Don Goddard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Weinstein, Michael) (Entered: 08/08/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 8/6/2011, Entered: None
Certificate of Interested Persons by Angela Goddard, Don Goddard. (Weinstein, Michael) (Entered: 08/06/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 8/5/2011, Entered: None
Certificate of Interested Persons and Corporate Disclosure Statement by Nationstar Mortgage LLC, Roundpoint Mortgage Servicing Corporation identifying Corporate Parent Roundpoint Financial Group for Roundpoint Mortgage Servicing Corporation. (Surden, Todd) (Entered: 08/05/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 7/28/2011, Entered: None Court Filing
ORDER directing all parties, except the Federal Deposit Insurance Corporation, to file a certificate of interested persons and corporate disclosure statement with the Court within 10 days of the entry of this order. Signed by Judge Amy Totenberg on 07/28/2011. (rvb) (Entered: 07/28/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 7/27/2011, Entered: None Court Filing
CONSENT SCHEDULING ORDER. Plaintiffs shall have until 08/08/2011 in which to file a responsive motion to Defendant Roundpoint's 18 Motion for Summary Judgment. Defendant Roundpoint shall have until 08/25/2011 in which to file a reply to Plaintiffs' responsive motion. Signed by Judge Amy Totenberg on 07/27/2011. (rvb) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 7/25/2011, Entered: None
PROPOSED CONSENT ORDER Proposed Consent Scheduling Order. (Weinstein, Michael) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 5/6/2011, Entered: None
MOTION for Summary Judgment, by Roundpoint Mortgage Servicing Corporation. (Filed at State Court and contained within 2 Notice Of Filing Supplement to Notice of Removal) (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Theories of Recovery, # 4 Exhibit 1)(rvb) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/19/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 5/6/2011, Entered: None
ANSWER to 1 NOTICE OF REMOVAL, by Roundpoint Mortgage Servicing Corporation. (Filed at State Court and contained within 2 Notice Of Filing Supplement to Notice of Removal)(rvb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 7/15/2011, Entered: None
Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Federal Deposit Insurance Corporation, Angela Goddard, Don Goddard, Nationstar Mortgage LLC, Roundpoint Mortgage Servicing Corporation. (Surden, Todd) (Entered: 07/15/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 6/14/2011, Entered: None Court Filing
ORDER GRANTING FDIC as Receiver's motion to stay proceedings against FDIC as Receiver pending exhaustion of administrative remedies. Plaintiffs' claims against FDIC as Receiver are STAYED until the earlier of 180 days from Plaintiffs' filing of a claim against FDIC as Receiver or ten (10) days after the FDIC has tendered a final determination upon any claim filed by Plaintiffs. Plaintiffs' claims against the other Defendants SHALL PROCEED, and the parties other than FDIC as Receiver are DIRECTED to comply with all requirements of the federal and local rules. The Court further GRANTS FDIC's motion to substitute FDIC as Receiver for FDIC in this action 4 . The Clerk is DIRECTED to substitute "Federal Deposit Insurance Corporation, as Receiver for Colonial Bank" for FDIC as a Defendant in this matter. Signed by Judge Amy Totenberg on 6/14/2011. (tcc) (Entered: 06/14/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 6/4/2011, Entered: None
Certification of Consent to Substitution of Counsel. Michael B. Weinstein replacing attorney Rusty A. Fleming. (Weinstein, Michael) (Entered: 06/04/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 5/31/2011, Entered: None
Mail Returned as Undeliverable. Mail sent to Rusty A. Fleming re 12 Order Reassigning Case. (hfm) (Entered: 06/01/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 5/19/2011, Entered: None Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Amy Totenberg for all further proceedings. Judge Marvin H. Shoob no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:11-cv-01545-AT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Marvin H. Shoob on 5/19/2011. (mdy) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 5/12/2011, Entered: None
NOTICE of Appearance by Michael B. Weinstein on behalf of Angela Goddard, Don Goddard (Weinstein, Michael) (Entered: 05/12/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 5/11/2011, Entered: None
NOTICE TO ALL COUNSEL OF RECORD of Intra District transfer of this action from Newnan Division 3:11-cv-69-TWT to Atlanta Division 1:11-cv-1545-MHS. (rsh) (Entered: 05/12/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 5/11/2011, Entered: None Court Filing
ORDER granting 7 defendants' Motion to Transfer Case from Newnan Division to Atlanta Division. Clerk directed to make reassignment of this Civil Action to Atlanta Division. Signed by Judge Thomas W. Thrash, Jr on 5/11/11. (rsh) (Entered: 05/12/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 5/10/2011, Entered: None
MOTION to Stay Proceedings and Claims Against the Federal Deposit Insurance Corporation, as Receiver for Colonial Bank Pending Exhaustion of Statutorily Mandated Administrative Remedies with Brief In Support by Federal Deposit Insurance Corporation. (Surden, Todd) (Entered: 05/10/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 5/10/2011, Entered: None
MOTION to Transfer Case to United States District Court Northern District of Georgia Atlanta Divisionby Federal Deposit Insurance Corporation, Nationstar Mortgage LLC, Roundpoint Mortgage Servicing Corporation. (Surden, Todd) (Entered: 05/10/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 5/9/2011, Entered: None
Affirmative Defenses to Plaintiff's Amended Complaint and Preliminary Special Appearance ANSWER to 1 NOTICE OF REMOVAL by Nationstar Mortgage LLC.(Surden, Todd) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/09/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 5/9/2011, Entered: None
Affirmative Defenses to Plaintiff's Amended Complaint and Preliminary Special Appearance ANSWER to 1 NOTICE OF REMOVAL by Federal Deposit Insurance Corporation. Discovery ends on 10/6/2011.(Surden, Todd) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/09/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 5/9/2011, Entered: None
MOTION to Substitute Party Federal Deposit Insurance Corporationby Federal Deposit Insurance Corporation. (Surden, Todd) (Entered: 05/09/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 5/9/2011, Entered: None
NOTICE of Appearance by Todd Harris Surden on behalf of Roundpoint Mortgage Servicing Corporation (Surden, Todd) (Entered: 05/09/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 5/6/2011, Entered: None
NOTICE Of Filing Exhibit A to Notice of Removal by Federal Deposit Insurance Corporation re 1 Notice of Removal,, (Attachments: # 1 Supplement to Exhibit A, # 2 Supplement to Exhibit A, # 3 Supplement to Exhibit A)(Surden, Todd) (Entered: 05/06/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 5/2/2011, Entered: None
NOTICE OF REMOVAL with AMENDED COMPLAINT and accompanying exhibits filed by Federal Deposit Insurance Corporation. Filing fee $350 receipt number 113E-3278823. (Attachments: # 1 Amended Complaint, # 2 Exh A, # 3 Exh B, # 4 Exh C, # 5 Exh D, # 6 Exh E, # 7 Exh F, # 8 Exh G, # 9 Exh H, # 10 Exh I, # 11 Exh J, # 12 Exh K, # 13 Exh L, # 14 Exh M, # 15 Exhibit 1 - Order of Fulton Co. Superior Court Granting Motion to Amend Complaint, # 16 Civil Cover Sheet)(rsh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/02/2011)
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