MANDATE of USCA for the 10th Circuit as to 116 Notice of Appeal, filed by Michelle Ferguson, Richard Dutcher, Richard Ferguson, Gwen Dutcher, and Catherine Richards Ahlers. According to the USCA the judgment of the USDC for the Dist of UT is affirmed. Judgment included with mandate: Yes. (Attachments: # 1 Judgment, # 2 Mandate Letter) (eat) (Entered: 11/29/2016)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on September 17, 2013 before Judge Ted Stewart, re 116 Notice of Appeal. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014. (blh) Modified on 11/3/2014 by removing restricted text(las). (Entered: 08/05/2014)
USCA Case Number Case Appealed to Tenth Case Number 14-4085 for 116 Notice of Appeal, filed by Michelle Ferguson, Richard Dutcher, Richard Ferguson, Gwen Dutcher, Catherine Richards Ahlers. (jmr) (Entered: 07/22/2014)
NOTICE OF APPEAL as to 103 Order on Motion for Miscellaneous Relief, Memorandum Decision, 115 Order on Motion to Intervene, Order on Motion to Alter Judgment, Order on Motion for Extension of Time, Memorandum Decision, 70 Order on Motion to Intervene, Order on Motion to Alter Judgment, Order on Motion to Set Aside Judgment, Order on Motion to Amend/Correct, Memorandum Decision, 48 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Remand to State Court, Memorandum Decision,,,,,, filed by Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 4681052844. (Mumford, Marcus) (Entered: 07/16/2014)
MEMORANDUM DECISION and ORDER denying 105 Motion to Intervene; denying 107 Motion to Alter Judgment; granting 112 Motion for Extension of Time. Signed by Judge Ted Stewart on 7/3/2014. (blh) (Entered: 07/03/2014)
REQUEST to Submit for Decision re 107 MOTION to Alter Judgment and Memorandum in Support , 105 MOTION to Intervene and Memorandum in Support filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 06/23/2014)
REPLY to Response to Motion re 107 MOTION to Alter Judgment and Memorandum in Support filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 06/17/2014)
MOTION for Extension of Time to File a Reply in Support of Motion to Alter or Amend Judgment filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time)(Mumford, Marcus) (Entered: 06/13/2014)
REPLY to Response to Motion re 105 MOTION to Intervene and Memorandum in Support filed by Movant State of Utah, The. (Roberts, Thomas) (Entered: 06/11/2014)
MEMORANDUM in Opposition re 107 MOTION to Alter Judgment and Memorandum in Support filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A -- Appellants Br., # 2 Exhibit B -- Appellees Br.)(Dracht, Philip) (Entered: 05/30/2014)
Amended MEMORANDUM in Opposition re 105 MOTION to Intervene and Memorandum in Support filed by Defendants BAC Home Loans Servicing, Bank of America, ReconTrust. (Attachments: # 1 Exhibit A - Consent Judgment)(Dracht, Philip) (Entered: 05/28/2014)
Defendant's MEMORANDUM in Opposition re 105 MOTION to Intervene and Memorandum in Support filed by Defendants BAC Home Loans Servicing, Bank of America, ReconTrust. (Attachments: # 1 Exhibit A - Consent Judgment)(Dracht, Philip) (Entered: 05/28/2014)
MOTION to Alter Judgment and Memorandum in Support filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 05/23/2014)
MOTION to Intervene and Memorandum in Support filed by Movant State of Utah, The. (Attachments: # 1 Exhibit Exhibit, # 2 Exhibit Exhibit)(Roberts, Thomas) (Entered: 05/14/2014)
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the mandate of the Tenth Circuit Court of Appeals filed in the district court on September 4, 2013, the court finds that it has jurisdiction over this matter under the Class Action Fairness Act, signed by LSY - Chief Deputy Clerk. Case Closed. (tls) (Entered: 05/13/2014)
REQUEST to Submit for Decision re 87 Memorandum (NOT to motion), 85 Memorandum (NOT to motion), 88 Brief, 96 Reply Memorandum/Reply to Response to Motion, filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 03/31/2014)
REQUEST to Submit for Decision re 97 MOTION Transfer Allred Case to Judge Stewart and Memorandum in Support filed by Movant ReconTrust. (Scott, Robert) (Entered: 02/03/2014)
REPLY to Response to Motion re 97 MOTION Transfer Allred Case to Judge Stewart and Memorandum in Support filed by Movant ReconTrust. (Scott, Robert) (Entered: 01/30/2014)
MEMORANDUM in Opposition re 97 MOTION Transfer Allred Case to Judge Stewart and Memorandum in Support filed by Movants Eric Allred, Scott Jensen. (Tryon, Stephen) (Entered: 01/22/2014)
MOTION Transfer Allred Case to Judge Stewart and Memorandum in Support filed by Movant ReconTrust. (Attachments: # 1 Exhibit Allred Complaint, # 2 Exhibit Allred Notice of Removal)(Scott, Robert) (Entered: 01/08/2014)
REPLY to Response to Motion re 91 MOTION to Strike 85 Memorandum (NOT to motion) and Memorandum in Support filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 12/20/2013)
MEMORANDUM DECISION AND ORDER - granting 86 Motion for Extension of Time. Defendants may file a reply to Plaintiffs supplemental brief of no more than ten (10) pages within fourteen (14) days of this Order. denying 90 Motion to Strike ; denying 91 Motion to Strike. Signed by Judge Ted Stewart on 12/9/13. (ss)
95
Filed: 12/9/2013, Entered: None
MEMORANDUM DECISION AND ORDER - granting 86 Motion for Extension of Time. Defendants may file a reply to Plaintiffs supplemental brief of no more than ten (10) pages within fourteen (14) days of this Order. denying 90 Motion to Strike ; denying 91 Motion to Strike. Signed by Judge Ted Stewart on 12/9/13. (ss) (Entered: 12/09/2013)
NOTICE of Correction by BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust re 91 MOTION to Strike 85 Memorandum (NOT to motion) and Memorandum in Support (Dracht, Philip) (Entered: 11/07/2013)
RESPONSE to Motion re 91 MOTION to Strike 85 Memorandum (NOT to motion) and Memorandum in Support filed by Movant State of Utah, The. (Roberts, Thomas) (Entered: 10/16/2013)
MEMORANDUM in Opposition re 90 MOTION to Strike 88 Brief, and Memorandum in Support or, in the alternative, Motion for Leave to File Response Brief filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Exhibit A)(Mumford, Marcus) (Entered: 10/15/2013)
MOTION to Strike 85 Memorandum (NOT to motion) and Memorandum in Support filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 10/11/2013)
MOTION to Strike 88 Brief, and Memorandum in Support or, in the alternative, Motion for Leave to File Response Brief filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 10/11/2013)
MEMORANDUM in Opposition re 86 MOTION for Extension of Time Time To File Supplement Brief Re Jurisdiction and Memorandum in Support filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 10/11/2013)
Plaintiffs' Supplemental Brief On Jurisdiction BRIEF filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Exhibit A - Complaint in Coleman v. Recontrust, # 2 Exhibit B - Order in Coleman v. Recontrust)(Mumford, Marcus) (Entered: 10/09/2013)
MEMORANDUM re 79 USCA Mandate, 84 Order, DEFENDANTS BRIEF SUPPORTING JURISDICTION UNDER THE CLASS ACTION FAIRNESS ACT AND OPPOSING JURISDICTIONAL DISCOVERY filed by BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dracht, Philip) (Entered: 10/04/2013)
MOTION for Extension of Time Time To File Supplement Brief Re Jurisdiction and Memorandum in Support filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 10/04/2013)
DOCKET TEXT ORDER No attached document. The parties are hereby instructed that their supplemental briefs on the issue of jurisdiction should be filed in compliance with the requirements of DUCivR 7-1(a)(3)(A) and DUCivR 7-1(b)(2)(A). Signed by Judge Ted Stewart on 9/26/13. (jjk) (Entered: 09/26/2013)
Minute Entry for proceedings held before Judge Ted Stewart: Status Conference held on 9/17/2013. Discussion and argument heard regarding the status of the case and discovery issues. Plaintiff asks for limited discovery, defendant opposes. The Court gives the parties until 10/4/2013 at 5:00 PM to simultaneously file briefs. If after the briefs the Court deems discovery is necessary a schedule will be made. Attorney for Plaintiff: Marcus Mumford, Abraham Bates, Attorney for Defendant: Philip Dracht, Amy Miller, Chase Clark. Court Reporter: Patti Walker. (rlr) (Entered: 09/19/2013)
NOTICE OF HEARING: (Notice generated by Chambers (rlr)). Status Conference set for 9/17/2013 02:30 PM in Room 142 before Judge Ted Stewart. (rlr) (Entered: 09/06/2013)
MANDATE of USCA as to 71 Notice of Appeal, filed by Michelle Ferguson, Richard Dutcher, Richard Ferguson, Gwen Dutcher, Catherine Richards Ahlers. According to the USCA the Judgment of the USDC for the District of Utah is vacated. The case is remanded to the United States District Court for the District of Utah for further proceedings in accordance with the opinion of this court.Judgment included with mandate: Yes. Case Reopened. (asp) (Entered: 09/04/2013)
ORDER of USCA Tenth Circuit Circuit as to 71 Notice of Appeal, filed by Michelle Ferguson, Richard Dutcher, Richard Ferguson, Gwen Dutcher, Catherine Richards Ahlers. On or before Friday, February 8, 2013, the appellants counsel shall make full payment for the transcript ordered and shall provide this court with written notice of such payment. (asp) (Entered: 01/31/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on January 31, 2012 before Judge Ted Stewart, re 71 Notice of Appeal,,. Court Reporter/Transcriber Patti Walker. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2012. Redacted Transcript Deadline set for 12/14/2012. Release of Transcript Restriction set for 2/11/2013. (asp) Modified by removing restricted text on 2/11/2013 (mlp). (Entered: 11/13/2012)
TRANSCRIPT REQUEST FORM filed by Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson for proceedings held on 01/31/2012 before Judge Ted Stewart, re 71 Notice of Appeal. (asp) (Entered: 11/06/2012)
USCA Case Number 12-4150 for 71 Notice of Appeal filed by Michelle Ferguson, Richard Dutcher, Richard Ferguson, Gwen Dutcher, Catherine Richards Ahlers. (mlp) (Entered: 08/30/2012)
NOTICE OF APPEAL as to 70 Order on Motion to Intervene, Order on Motion to Alter Judgment, Order on Motion to Set Aside Judgment, Order on Motion to Amend/Correct, Memorandum Decision, 48 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Certify Class, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Remand to State Court, Memorandum Decision, 49 Clerk's Judgment filed by Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. Appeals to the USCA for the 10th Circuit. Fee Status: Fee Paid. Filing fee $ 455, receipt number 4681052844. (jmr) (Entered: 08/23/2012)
MEMORANDUM DECISION denying 51 Motion to Intervene; denying 54 Motion to Alter Judgment; denying 54 Motion to Set Aside Judgment; denying 56 Motion to Amend/Correct. Signed by Judge Ted Stewart on 07/23/2012. (tls) (Entered: 07/23/2012)
REPLY to Response to Motion re 56 Plaintiff's MOTION to Amend/Correct Motion For Leave To Amend And FIle Amended Complaint filed by Plaintiffs Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 05/25/2012)
REPLY to Response to Motion re 54 Plaintiff's MOTION to Alter Judgment Plaintiffs' Motion To Alter Or Amend Judgment MOTION to Set Aside Judgment filed by Plaintiffs Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 05/25/2012)
ORDER granting 66 Stipulated Motion for Extension of Time to File Response/Reply as to 65 Memorandum in Opposition to Motion, 63 Memorandum in Opposition to Motion, Responses due by 5/25/2012. Signed by Judge Ted Stewart on 05/07/2012. (tls) (Entered: 05/07/2012)
Stipulated MOTION for Extension of Time to File Response/Reply as to 65 Memorandum in Opposition to Motion, 63 Memorandum in Opposition to Motion, filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Ex. A - Proposed Order)(Snow, Tyson) (Entered: 05/07/2012)
MEMORANDUM in Opposition re 54 Plaintiff's MOTION to Alter Judgment Plaintiffs' Motion To Alter Or Amend Judgment MOTION to Set Aside Judgment filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A-E)(Dracht, Philip) (Entered: 04/23/2012)
MEMORANDUM in Opposition re 51 MOTION to Intervene filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A-C)(Dracht, Philip) (Entered: 04/23/2012)
MEMORANDUM in Opposition re 56 Plaintiff's MOTION to Amend/Correct Motion For Leave To Amend And FIle Amended Complaint filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Errata A)(Dracht, Philip) (Entered: 04/23/2012)
NOTICE OF WITHDRAWAL OF COUNSEL of Ryan R West filed by Ryan R. West as to Ryan R West Only on behalf of Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson (West, Ryan) (Entered: 04/05/2012)
ORDER granting 60 Motion for Extension of Time to File Response/Reply re 51 MOTION to Intervene , 54 Plaintiff's MOTION to Alter Judgment Plaintiffs' Motion To Alter Or Amend Judgment MOTION to Set Aside Judgment , 56 Plaintiff's MOTION to Amend/Correct Motion For Leave To Amend And File Amended Complaint Responses due by 4/23/2012. Signed by Judge Ted Stewart on 04/04/2012. (tls) (Entered: 04/04/2012)
Stipulated MOTION for Extension of Time to File Response/Reply as to 54 Plaintiff's MOTION to Alter Judgment Plaintiffs' Motion To Alter Or Amend Judgment MOTION to Set Aside Judgment , 56 Plaintiff's MOTION to Amend/Correct Motion For Leave To Amend And FIle Amended Complaint, 51 MOTION to Intervene filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Text of Proposed Order)(Dracht, Philip) (Entered: 04/04/2012)
AMENDED COMPLAINT First Amended Class Action Complaint against BAC Home Loans Servicing, Bank of America, ReconTrust with Jury Demand. Removed Plaintiffs: Cathy Richards Ahlers. Removed Defendants: Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson P.C.., filed by Richard Ferguson, Richard Dutcher, Michelle Ferguson, Gwen Dutcher. (Mumford, Marcus) (Entered: 03/21/2012)
Plaintiff's MEMORANDUM in Support re 56 Plaintiff's MOTION to Amend/Correct Motion For Leave To Amend And FIle Amended Complaint filed by Plaintiffs Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 03/21/2012)
Plaintiff's MOTION to Amend/Correct Motion For Leave To Amend And FIle Amended Complaint filed by Plaintiffs Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 03/21/2012)
Plaintiff's MEMORANDUM in Support re 54 Plaintiff's MOTION to Alter Judgment Plaintiffs' Motion To Alter Or Amend Judgment MOTION to Set Aside Judgment filed by Plaintiffs Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 03/21/2012)
Plaintiff's MOTION to Alter Judgment Plaintiffs' Motion To Alter Or Amend Judgment, MOTION to Set Aside Judgment filed by Plaintiffs Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 03/21/2012)
NOTICE of SUPPLEMENTAL AUTHORITY by Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson (Attachments: # 1 Exhibit A (Court Ruling in Bell v. Countrywide)) (Mumford, Marcus) (Entered: 03/21/2012)
CLERK'S JUDGMENT signed by LSY, Chief Deputy Clerk. Case Closed. (tls) (Entered: 02/23/2012)
48
Filed: 2/8/2012, Entered: None
MEMORANDUM DECISION denying as moot 25 Motion for TRO; denying as moot 25 Motion for Preliminary Injunction; denying as moot 28 Motion to Certify Class; granting 18 Motion to Dismiss for Failure to State a Claim; denying 20 Motion to Remand to State Court. Signed by Judge Ted Stewart on 02/8/2012. (tls) (Entered: 02/08/2012)
Minute Entry for proceedings held before Judge Ted Stewart: Motion Hearing held on 1/31/2012 re 25 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Michelle Ferguson, Richard Dutcher, Richard Ferguson, Gwen Dutcher, Catherine Richards Ahlers, 20 Plaintiff's MOTION to Remand to State Court Utah State Court, Third Judicial District, County Of Salt Lake, West Jordan Department filed by Michelle Ferguson, Richard Dutcher, Richard Ferguson, Gwen Dutcher, Catherine Richards Ahlers, 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stuart T. Matheson, Bank of America, Matheson, Mortensen, Olsen & Jeppson, BAC Home Loans Servicing, ReconTrust. The Court requests that counsel only address the motion to dismiss during oral argument. Discussion and argument heard. These matters are taken under advisement and a ruling will be issued as soon as possible. Attorney for Plaintiff: Marcus Mumford, Tyson Snow, Attorney for Defendant: Amy Miller, Phil Chang, Philip Dracht, Craig Meriger. Court Reporter: Patti Walker. (rlr) (Entered: 02/01/2012)
Defendant's RESPONSE re 45 Notice of Supplemental Authority,, filed by BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 01/25/2012)
NOTICE of SUPPLEMENTAL AUTHORITY by Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson re 41 Memorandum in Opposition to Motion,, Notice Of Supplemental Authority In Further Support Of Plaintiffs Opposition To Defendants Motion To Dismiss (Attachments: # 1 Exhibit A (Tenth Circuit Ruling In Commonwealth Case)) (Mumford, Marcus) (Entered: 01/19/2012)
NOTICE of SUPPLEMENTAL AUTHORITY by BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A) (Dracht, Philip) (Entered: 12/23/2011)
NOTICE OF HEARING ON MOTION re: 25 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 20 Plaintiff's MOTION to Remand to State Court Utah State Court, Third Judicial District, County Of Salt Lake, West Jordan Department, 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (Notice generated by Chambers (rlr)). Motion Hearing set for 1/31/2012 02:00 PM in Room 142 before Judge Ted Stewart. (rlr) (Entered: 11/29/2011)
REPLY to Response to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A Part I, # 2 Exhibit A Part II)(Dracht, Philip) (Entered: 11/28/2011)
Plaintiff's MEMORANDUM in Opposition re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Corrected Memorandum In Opposition To Defendants' Motion To Dismiss filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Exhibit A (Judge Benson's Ruling In Case No. 10-cv-1099), # 2 Exhibit B (Case No. 1:10-cv-62, Motion To Dismiss [ECF No. 7]), # 3 Exhibit C (Case No. 1:10-cv-62, Mem. Opp. Def. Mot. Dismiss [ECF No. 8]))(Mumford, Marcus) (Entered: 11/10/2011)
Plaintiff's MEMORANDUM in Opposition re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Exhibit A (Order in Coleman), # 2 Exhibit B, # 3 Exhibit C)(Mumford, Marcus) (Entered: 11/10/2011)
ORDER granting in part and denying in part 32 Motion for Extension of Time to Oppose Motion to Dismiss. Plaintiffs must file their memorandum in opposition to Defendants' Motion to Dismiss within fourteen (14) days of this Order. Signed by Judge Ted Stewart on 10/26/2011. (tls) (Entered: 10/26/2011)
REPLY to Response to Motion re 32 MOTION for Extension of Time to File Response/Reply as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Extension of Time to File Response/Reply as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Reply To Defendants Opposition To Plaintiffs Motion For An Enlargement Of Time To Oppose Motion To Dismiss filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 10/11/2011)
NOTICE of SUPPLEMENTAL AUTHORITY by Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson re 25 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 17 Reply Brief,, 26 Memorandum in Support of Motion Plaintiffs Notice Of Supplemental Authority In Further Support Of Plaintiffs Ex Parte Application For Temporary Restraining Order And Motion For Preliminary Injunction (Attachments: # 1 Exhibit A (Judge Benson's Ruling In Case No. 10-cv-1099)) (Mumford, Marcus) (Entered: 10/06/2011)
NOTICE of SUPPLEMENTAL AUTHORITY by Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson re 21 Memorandum in Support of Motion, 20 Plaintiff's MOTION to Remand to State Court Utah State Court, Third Judicial District, County Of Salt Lake, West Jordan Department, 33 Reply Memorandum/Reply to Response to Motion, Plaintiffs' Notice Of Supplemental Authority In Further Support Of Plaintiffs Motion To Remand (Attachments: # 1 Exhibit A (Judge Benson's Ruling In Case No. 10-cv-1099)) (Mumford, Marcus) (Entered: 10/06/2011)
Defendant's MEMORANDUM in Opposition re 32 MOTION for Extension of Time to File Response/Reply as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Extension of Time to File Response/Reply as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 09/21/2011)
REQUEST to Submit for Decision re 20 Plaintiff's MOTION to Remand to State Court Utah State Court, Third Judicial District, County Of Salt Lake, West Jordan Department filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Snow, Tyson) (Entered: 09/20/2011)
REPLY to Response to Motion re 20 Plaintiff's MOTION to Remand to State Court Utah State Court, Third Judicial District, County Of Salt Lake, West Jordan Department Plaintiffs' Reply Memorandum In Further Support Of Their Motion To Remand filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 09/17/2011)
MOTION for Extension of Time to File Response/Reply as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Exhibit A - Proposed Order)(Snow, Tyson) (Entered: 09/16/2011)
Defendant's MEMORANDUM in Opposition re 20 Plaintiff's MOTION to Remand to State Court Utah State Court, Third Judicial District, County Of Salt Lake, West Jordan Department filed by Defendants Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A)(Dracht, Philip) (Entered: 09/06/2011)
MEMORANDUM in Support re 28 MOTION to Certify Class filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (tls) (Additional attachment(s) added on 8/29/2011: # 1 Exhibit Certificate of Comptroller of the Currency and Amended Articles of Association) (tls). (Entered: 08/29/2011)
Plaintiffs' MOTION to Certify Class filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (tls) (Entered: 08/29/2011)
AFFIDAVIT/DECLARATION of Jenny Prince in Support re 25 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (tls) (Entered: 08/29/2011)
MEMORANDUM in Support re 25 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (tls) (Entered: 08/29/2011)
ORDER granting 14 Motion for Admission Pro Hac Vice of Amy Miller for BAC Home Loans Servicing,Amy Miller for Bank of America,Amy Miller for Stuart T. Matheson,Amy Miller for Matheson, Mortensen, Olsen & Jeppson,Amy Miller for ReconTrust. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 08/23/2011. (tls) (Entered: 08/24/2011)
ORDER granting 15 Motion for Admission Pro Hac Vice of Brian E. Pumphrey for BAC Home Loans Servicing,Brian E. Pumphrey for Bank of America,Brian E. Pumphrey for Stuart T. Matheson,Brian E. Pumphrey for Matheson, Mortensen, Olsen & Jeppson,Brian E. Pumphrey for ReconTrust. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 08/23/2011. (tls) (Entered: 08/24/2011)
ORDER granting 13 Motion for Admission Pro Hac Vice of Bryan A. Fratkin for BAC Home Loans Servicing,Bryan A. Fratkin for Bank of America,Bryan A. Fratkin for Stuart T. Matheson,Bryan A. Fratkin for Matheson, Mortensen, Olsen & Jeppson,Bryan A. Fratkin for ReconTrust. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 08/19/2011. (tls) (Entered: 08/22/2011)
Plaintiff's MEMORANDUM in Support re 20 Plaintiff's MOTION to Remand to State Court Utah State Court, Third Judicial District, County Of Salt Lake, West Jordan Department filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Exhibit A (CAFA Legislative History))(Mumford, Marcus) (Entered: 08/19/2011)
Plaintiff's MOTION to Remand to State Court Utah State Court, Third Judicial District, County Of Salt Lake, West Jordan Department filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Mumford, Marcus) (Entered: 08/19/2011)
MEMORANDUM in Support re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A-Unpublished Cases Cited in Memorandum, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Dracht, Philip) (Entered: 08/19/2011)
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Dracht, Philip) (Entered: 08/19/2011)
REPLY BRIEF re 2 Notice of Removal, 12 Notice (Other), Notice (Other), Notice (Other) Plaintiffs' Corrected Reply In Further Support Of Plaintiffs Ex Parte Application For Temporary Restraining Order And Motion For Preliminary Injunction filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Exhibit A (Opposition To Dutchers' Motion To Dismiss Unlawful Retainer Action, Filed Aug. 11, 2011), # 2 Exhibit B (Notice To Vacate From Defendant To Ahlers))(Mumford, Marcus) (Entered: 08/18/2011)
REPLY to Response to Motion re 8 MOTION for Extension of Time to File Responsive Pleadings; File Opposition Memorandum to Motion for Class Certification; and File Opposition Memorandum to Ex Parte Application for a TRO and Preliminary Injunction Reply In Further Support Of Plaintiffs Ex Parte Application For Temporary Restraining Order And Motion For Preliminary Injunction filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Attachments: # 1 Exhibit A)(Mumford, Marcus) (Entered: 08/18/2011)
Defendant's MOTION for Admission Pro Hac Vice of Brian Pumphrey, Registration fee $ 15, receipt number 1088-1414292, filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Dracht, Philip) (Entered: 08/16/2011)
Defendant's MOTION for Admission Pro Hac Vice of Amy Miller, Registration fee $ 15, receipt number 1088-1414260, filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Dracht, Philip) (Entered: 08/16/2011)
Defendant's MOTION for Admission Pro Hac Vice of Bryan A. Fratkin, Registration fee $ 15, receipt number 1088-1414225, filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Dracht, Philip) (Entered: 08/16/2011)
Memorandum in Opposition to 25 Plaintiffs' Ex Parte Application for a Temporary Restraining Order and Motion for Preliminary Injunction by BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust re 2 Notice of Removal, (Attachments: # 1 Exhibit A - Unpublished Cases Cited in Opposition, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Dracht, Philip) Modified on 8/29/2011 by changing docket text from Notice of Opposition to Memorandum in Opposition. Changed document associations from 2 to 25 (tls) (Entered: 08/12/2011)
REPLY to Response to Motion re 8 MOTION for Extension of Time to File Responsive Pleadings; File Opposition Memorandum to Motion for Class Certification; and File Opposition Memorandum to Ex Parte Application for a TRO and Preliminary Injunction filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Exhibit A)(Dracht, Philip) (Entered: 08/02/2011)
MEMORANDUM in Opposition re 8 MOTION for Extension of Time to File Responsive Pleadings; File Opposition Memorandum to Motion for Class Certification; and File Opposition Memorandum to Ex Parte Application for a TRO and Preliminary Injunction filed by Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson. (Snow, Tyson) (Entered: 08/01/2011)
MOTION for Extension of Time to File Responsive Pleadings; File Opposition Memorandum to Motion for Class Certification; and File Opposition Memorandum to Ex Parte Application for a TRO and Preliminary Injunction filed by Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (Attachments: # 1 Text of Proposed Order)(Dracht, Philip) (Entered: 07/29/2011)
ORDER OF RECUSAL Judge Dee Benson recused. Case reassigned to Judge Ted Stewart for all further proceedings. Signed by Judge Dee Benson on 7/26/2011. (rlr) (Entered: 07/27/2011)
ORDER OF RECUSAL Judge Clark Waddoups recused. Case reassigned to Judge Dee Benson for all further proceedings. Signed by Judge Clark Waddoups on 07/21/2011. (asp) (Entered: 07/21/2011)
ORDER OF RECUSAL: Judge Tena Campbell recused. Case reassigned to Judge Clark Waddoups for all further proceedings. Signed by Judge Tena Campbell on 7/21/11 (alt) (Entered: 07/21/2011)
ORDER OF RECUSAL Judge Bruce S. Jenkins recused. Case reassigned to Judge Tena Campbell for all further proceedings. Signed by Judge Bruce S. Jenkins on 07/21/2011. (asp) (Entered: 07/21/2011)
NOTICE OF ADR, e-mailed or mailed to Plaintiffs Catherine Richards Ahlers, Gwen Dutcher, Richard Dutcher, Michelle Ferguson, Richard Ferguson, Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust. (jlw) (Entered: 07/20/2011)
NOTICE OF REMOVAL from 3rd District Court, West Jordan Department, Salt Lake County, case number 110409402, (Filing fee $ 350, receipt number 1088-1396315), filed by ReconTrust, Bank of America, Stuart T. Matheson, BAC Home Loans Servicing, Matheson, Mortensen, Olsen & Jeppson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Errata C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet) Assigned to Judge Bruce S. Jenkins (Dracht, Philip) (Entered: 07/19/2011)
Case has been indexed and assigned to Judge Bruce S. Jenkins. Defendants BAC Home Loans Servicing, Bank of America, Stuart T. Matheson, Matheson, Mortensen, Olsen & Jeppson, ReconTrust are directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (jlw) (Entered: 07/19/2011)
MEMORANDUM DECISION denying 51 Motion to Intervene; denying 54 Motion to Alter Judgment; denying 54 Motion to Set Aside Judgment; denying 56 Motion to Amend/Correct. Signed by Judge Ted Stewart on 07/23/2012. (tls)
48
Filed: 2/9/2012, Entered: None
MEMORANDUM DECISION denying as moot 25 Motion for TRO; denying as moot 25 Motion for Preliminary Injunction; denying as moot 28 Motion to Certify Class; granting 18 Motion to Dismiss for Failure to State a Claim; denying 20 Motion to Remand to State Court. Signed by Judge Ted Stewart on 02/8/2012. (tls)
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