Niederquell et al v. Bank of America N.A. et al

Filing 168

COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: In Court Hearing held on 3/1/2016, granting #117 Defendant Green Tree Servicing, LLC's Motion for Summary Judgment, granting #128 Defendants Bank of America N.A. and Bank of New York Mellon's Motion for Summary Judgment, and granting #162 the Joint Supplement to Bank of America, N.A.'s; Bank of New York Mellon's; and Green Tree Servicing, LLC's Motions for Summary Judgment. All claims are dismissed. 105 Clerk's Entry of Default is lifted, and any and all claims against Defendant Peggy Kern are dismissed. The Trial Preparation Conference set for 3/11/2016 and the jury trial set for 4/18/2016 are VACATED. The Clerk of the Court is directed to enter judgment in accordance with the oral orders stated on the record. Court Reporter: Tammy Hoffschildt. (cpear)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE RAYMOND P. MOORE
Courtroom Deputy: Cathy Pearson
Court Reporter:
Tammy Hoffschildt

CASE NO.

Date: March 1, 2016

11-cv-03185-RM-MJW

MARK D. NIEDERQUELL and
JUDITH A. NIEDERQUELL,

Erich Schwiesow

Plaintiffs,
v.
BANK OF AMERICA, N.A.,
THE BANK OF NEW YORK MELLON,
PEGGY J. KERN, and
GREEN TREE SERVICING, LLC,

Ashley Calhoun
Melissa Cizmorris
Kelly Murdock

Defendants.

COURTROOM MINUTES
IN-COURT HEARING:
COURT IN SESSION:
8:59 a.m.
Court calls case. Appearances of counsel.
Discussion held and argument given regarding claims and Defendants’ pending Motions
for Summary Judgment (Docs. 117 and 128) and the Joint Supplement to Bank of
America, N.A.’s; Bank of New York Mellon’s; and Green Tree Servicing, LLC’s Motions for
Summary Judgment (Doc. 162).
Ms. Murdock tenders the original promissory note and deed of trust to the Court. The
Court inspects the documents and finds and accepts that they are original documents.
Discussion held regarding Clerk’s Entry of Default as to Defendant Peggy Kern.
Court’s findings.
ORDERED: The Clerk’s Entry of Default (Doc. 105) entered against Peggy Kern is lifted
and any and all claims against Peggy Kern are dismissed sua sponte as
stated on the record.

The Court questions counsel for Defendants regarding the original promissory note and
deed of trust documents tendered to the Court.
ORDERED: Joint Supplement to Bank of America, N.A.’s; Bank of New York Mellon’s;
and Green Tree Servicing, LLC’s Motions for Summary Judgment (Doc.
162) is GRANTED and the Court accepts Document 165-1.
Court’s findings regarding the Motions for Summary Judgment (Docs. 117 and 128).
ORDERED: Defendant Green Tree Servicing, LLC’s Motion for Summary Judgment
(Doc. 117) is GRANTED as stated on the record.
ORDERED: Defendants Bank of America, N.A., and Bank of New York Mellon’s Motion
for Summary Judgment (Doc. 128) is GRANTED as stated on the record.
Documents tendered to the Court are returned to counsel.
Court in recess: 9:47 a.m.
Court in session: 10:02 a.m.
Discussion held regarding further issues to be addressed.
The Court summarizes rulings.
ORDERED: The Trial Preparation Conference set for March 11, 2016, and the jury trial
set for April 18, 2016, are VACATED.
The Court directs the Clerk of the Court to enter judgment in accordance with the oral
orders entered this date on the record.
COURT IN RECESS:
Total in court time:
Hearing concluded

10:07 a.m.
00:53