McKinsey et al v. GMAC Mortgage LLC et al

Filing 51

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 4/9/2013.Taking under advisement #26 Motion to Dismiss Plaintiffs' Amended Complaint.Taking under advisement #31 Plaintiffs' Motion to Dismiss with Prejudice and Enter Default Judgement Against Defendants. Taking under advisement #36 Plaintiffs' Motion to Voluntarily Dismiss Without Prejudice by Court Order.Court Reporter: FTR - Ellen E. Miller. (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 13-cv-00084-REB-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

April 09, 2013

Counsel

Parties
MICHAEL R. McKINSEY and
DEBORAH E. McKINSEY,

Pro Se
Pro Se

Plaintiff(s),
v.
GMAC MORTGAGE, LLC;
BANK UNITED, FSB;
DEUTSCHE BANK NATIONAL TRUST COMPANY
as trustee for securitized trust
HARBORVIEW MORTGAGE LOAN TRUST
MORTGAGE LOAN PASS-THROUGH
CERTIFICATES, SERIES 2006-14;
WELLS FARGO BANK, N.A.;
PUBLIC TRUSTEE OF GUNNISON COUNTY,
COLORADO; and
ALL UNKNOWN PERSONS WHO CLAIM ANY
INTEREST IN THE SUBJECT MATTER
OF THIS ACTION,

Karen L. Brody
Arthur A. B. Trezise

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session: 1:25 p.m.
Court calls case. Appearance of defense counsel Karen Brody for GMAC Mortgage, LLC,
Deutsche Bank National Trust Company, and Wells Fargo Bank NA. Arthur A. B. Trezise
appears on behalf of Gunnison County Public Trustee.
It is noted a SHOW CAUSE HEARING is set APRIL 18, 2013 at 2:00 p.m. in Courtroom A502, Fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado
80294. The Court will address two (2) Orders to Show Cause filed March 25, 2013 [Docket No.
46 and Docket No. 47]. Plaintiffs and Ms. Brody shall appear in person. Appearance of Mr.
Trezise is excused.
The Court raises the three (3) pending motions for argument.

Argument and responses by Ms. Karen Brody.
Argument and responses by Ms. Deborah McKinsey.
Mr. Michael McKinsey notes he adopts the arguments made by Ms. McKinsey and makes no
further arugments.
Statements by Mr. Arthur A. B. Trezise.
Defendants GMAC Mortgage, LLC (“GMAC”), Deutsche Bank National Trust Company
(“Deutsche Bank”) and Wells Fargo Bank (“Wells Fargo”) EXHIBIT A is offered and admitted,
for the purposes of this hearing only, with no objections.

It is ORDERED:

Motion to Dismiss Plaintiffs’ Amended Complaint, filed by
Defendants GMAC Mortgage, LLC (“GMAC”), Deutsche Bank National
Company (“Deutsche Bank”) and Wells Fargo Bank (“Wells Fargo”),
[Docket No. 26, filed January 30, 2013] is TAKEN UNDER
ADVISEMENT. The court will issue its written Order.

It is ORDERED:

Plaintiffs’ Motion to Dismiss with Prejudice and Enter Default Judgement
Against Defendants [Docket No. 31, filed February 21, 2013] is TAKEN
UNDER ADVISEMENT. The court will issue its written Order.

It is ORDERED:
Docket No. 36

Plaintiffs’ Motion to Voluntarily Dismiss Without Prejudice by Court Order
[Docket No. 36, filed February 25, 2013] is TAKEN UNDER
ADVISEMENT. The court will issue its written Order.

Hearing concluded.
Court in recess: 3:33 p.m.
Total in-court time: 02:08
To order a transcript of this proceedings, contact Avery Wood Reports

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