Bank of America, N.A. v. Martinson et al
Filing
138
Transmission of Notice of Appeal, Docketing Statement, Appeal Information Sheet, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 137 Notice of Appeal. (Attachments: # 1 Info sheet, # 2 Docketing Statement, # 3 Judgment, # 4 Docket Sheet) (elc),(ps)
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U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:10-cv-00010-wmc
Bank of America, N.A. v. Martinson et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:1332 Diversity-Other Contract
Date Filed: 01/11/2010
Date Terminated: 11/13/2013
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Plaintiff
Bank of America, N.A.
formerly known as
BAC Home Loans Servicing, L.P.
represented by Christina E. Demakopoulos
Blommer Peterman SC
13700 West Greenfield Avenue
Brookfield, WI 53005
262-790-5719
Email: christina@blommerpeterman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
J. Timothy Lovett
Blommer Peterman, S.C.
13700 W. Greenfield Avenue
Brookfield, WI 53005
(262)790-5719
Email: tim@blommerpeterman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Shannon K. Cummings
Blommer Peterman SC
13700 West Greenfield Avenue
Brookfield, WI 53005
262-790-5719
Fax: 262-790-5721
Email: shannon@blommerpeterman.com
ATTORNEY TO BE NOTICED
V.
Defendant
Dawn R. Martinson
represented by Dawn R. Martinson
P.O. Box 3190
Duluth, MN 55803
218-464-8686
PRO SE
12/11/2013 11:07 AM
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Briane F. Pagel , Jr.
Krekeler Strother, S.C.
Suite 301
2901 West Beltline Highway
Madison, WI 53713
608-258-8555
Fax: 608-258-8299
Email: bpagel@ks-lawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brian R. Smigelski
DeWitt Ross & Stevens S.C.
13935 Bishop's Drive, Ste. 300
Brookfield, WI 53005
262-754-2840x844
Fax: 262-754-2845
Email: brs@dewittross.com
TERMINATED: 11/13/2012
Kevin M. Scott
Dewitt Ross & Stevens
13935 Bishops Drive, Suite 300
Brookfield, WI 53005
262-754-2848
Fax: 262-754-2845
Email: kxs@dewittross.com
TERMINATED: 11/13/2012
Wendy Alison Nora
ACCESS LEGAL SERVICES
210 Second Street NE
Minneapolis, MN 55413
(612) 333-4144
Fax: (952) 405-8691
Email: accesslegalservices@gmail.com
TERMINATED: 04/09/2013
Defendant
Unknown Spouse of Dawn R. Martinson
also known as
Carl Green
represented by Unknown Spouse of Dawn R. Martinson
Carl Green
P.O. Box 3190
Duluth, MN 55803
218-464-8686
PRO SE
Briane F. Pagel , Jr.
(See above for address)
LEAD ATTORNEY
12/11/2013 11:07 AM
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ATTORNEY TO BE NOTICED
Brian R. Smigelski
(See above for address)
TERMINATED: 11/13/2012
Kevin M. Scott
(See above for address)
TERMINATED: 11/13/2012
Wendy Alison Nora
(See above for address)
TERMINATED: 04/09/2013
Defendant
Unknown Tenants
Defendant
Advantage Employment Services LLC
Defendant
Rex A. Magnuson
represented by Johanna R. Kirk
Knudson, Gee & Torvinen, S.C.
312 Board of Trade Building
1507 Tower Avenue
Superior, WI 54880
715-394-7751
Fax: 715-394-3414
Email: jkirk@superiorlawoffices.com
ATTORNEY TO BE NOTICED
Defendant
Donna R. Stabs
represented by Johanna R. Kirk
(See above for address)
ATTORNEY TO BE NOTICED
Interested Party
DeWitt Ross & Stevens SC
represented by Kevin M. Scott
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
Unknown Spouse of Dawn R. Martinson
represented by Unknown Spouse of Dawn R. Martinson
PRO SE
Brian R. Smigelski
(See above for address)
TERMINATED: 11/13/2012
Kevin M. Scott
12/11/2013 11:07 AM
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(See above for address)
TERMINATED: 11/13/2012
Wendy Alison Nora
(See above for address)
TERMINATED: 04/09/2013
Counter Claimant
Dawn R. Martinson
represented by Dawn R. Martinson
(See above for address)
PRO SE
Brian R. Smigelski
(See above for address)
TERMINATED: 11/13/2012
Kevin M. Scott
(See above for address)
TERMINATED: 11/13/2012
Wendy Alison Nora
(See above for address)
TERMINATED: 04/09/2013
V.
Counter Defendant
Bank of America, N.A.
represented by Christina E. Demakopoulos
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
J. Timothy Lovett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Shannon K. Cummings
(See above for address)
ATTORNEY TO BE NOTICED
Date Filed
01/11/2010
#
Docket Text
1 NOTICE OF REMOVAL from Douglas County Circuit Court, case number 09 cv
478 ( Filing fee $ 350 receipt number 6449), filed by Dawn R. Martinson.
(Attachments:
# 1 Record from Douglas County Circuit Court,
# 2 Envelope) (elc) (Entered: 01/12/2010)
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03/31/2010
2 MOTION TO REMAND to State Court Douglas County Circuit Court by
Plaintiff BAC Home Loans Servicing, L.P.. (Attachments:
# 1 Brief,
# 2 Exhibit Exhibits A and B,
# 3 Certificate of Service Affidavit of Mailing,
# 4 Cover Letter) (Cummings, Shannon),(ps) Modified on 3/31/2010; asked to refile
brief as a separate document with the exhibits attached separately to it. (mmo).
(Entered: 03/31/2010)
03/31/2010
Set Deadlines as to 2 MOTION TO REMAND to State Court Douglas County
Circuit Court. Defendants Brief in Opposition due 4/21/2010. Plaintiff's Brief in
Reply due 5/3/2010. (elc),(ps) (Entered: 03/31/2010)
03/31/2010
3 Brief in Support by Plaintiff BAC Home Loans Servicing, L.P. re: 2 MOTION TO
REMAND to State Court Douglas County Circuit Court filed by BAC Home Loans
Servicing, L.P. (Attachments:
# 1 Exhibit A - Affidavit of Non-Service of Dawn R. Martinson,
# 2 Exhibit B - Affidavit of Publication of Service of Dawn R. Martinson)
(Cummings, Shannon),(ps) (Entered: 03/31/2010)
04/28/2010
4 Notice of Appearance of Brian R. Smigelski and Kevin M. Scott filed by Brian R.
Smigelski for Defendants Dawn R. Martinson, Unknown Spouse of Dawn R.
Martinson (Smigelski, Brian),(ps) (Entered: 04/28/2010)
04/28/2010
5 Motion to Enlarge Time to Respond to Plaintiff's Motion to Remand to State of
Wisconsin Circuit Court or in the Alternative to Hold Oral Argument by Defendants
Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson. (Smigelski,
Brian),(ps) Modified docket text on 4/29/2010 (rep). (Entered: 04/28/2010)
04/28/2010
6 Brief in Support by Defendants Dawn R. Martinson, Unknown Spouse of Dawn R.
Martinson re: 5 Motion to Enlarge Time to Respond to Plaintiff's Motion to
Remand. (Smigelski, Brian),(ps) Modified docket text and relationship on 4/29/2010
(rep). (Entered: 04/28/2010)
04/28/2010
7 Declaration of Kevin M. Scott filed by Defendants Dawn R. Martinson, Unknown
Spouse of Dawn R. Martinson re: 2 MOTION TO REMAND to State Court
Douglas County Circuit Court filed by BAC Home Loans Servicing, L.P.
(Smigelski, Brian),(ps) (Entered: 04/28/2010)
04/28/2010
8 Certificate of Service by Defendants Dawn R. Martinson, Unknown Spouse of
Dawn R. Martinson re 4 Notice of Appearance, 5 Notice (Other), Notice (Other), 6
Brief in Support, 7 Declaration (Smigelski, Brian),(ps) (Entered: 04/28/2010)
04/29/2010
9 ** TEXT ONLY ORDER **
Defendants' motion for an extension of time to respond to plaintiff's motion to
remand the case to state court is GRANTED. Defendants will have until May 14,
2010 to file their response. Plaintiff will have until May 24, 2010 to file a reply.
Signed by Magistrate Judge Stephen L. Crocker on 4/29/10. (elc) (Entered:
04/29/2010)
05/14/2010
10 Brief in Opposition by Defendants Dawn R. Martinson, Unknown Spouse of Dawn
R. Martinson re: 2 MOTION TO REMAND to State Court Douglas County Circuit
Court filed by BAC Home Loans Servicing, L.P. (Scott, Kevin) (Entered:
05/14/2010)
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05/14/2010
11 Certificate of Service by Defendants Dawn R. Martinson, Unknown Spouse of
Dawn R. Martinson re 10 Brief in Opposition (Scott, Kevin) (Entered: 05/14/2010)
07/27/2010
12 ORDER denying 2 Motion to Remand to State Court. Defendants have until
8/9/2010 to provide facts showing where plaintiff has its principal place of business.
Signed by Magistrate Judge Stephen L. Crocker on 7/27/2010. (llj) (Entered:
07/27/2010)
08/09/2010
13 Disregard-refiled as doc. #15; Declaration of Kevin M. Scott; asked to refile with
exhibits attached separately with a brief description for each one. (mmo). (Entered:
08/09/2010)
08/09/2010
14 Certificate of Service by Defendants Dawn R. Martinson, Unknown Spouse of
Dawn R. Martinson (Scott, Kevin) (Entered: 08/09/2010)
08/16/2010
15 Declaration of Kevin M. Scott (Attachments:
# 1 Exhibit A-Frequently Asked Questions from Bank of America website,
# 2 Exhibit B-National Bank Operating Sub. List,
# 3 Exhibit C-2009 Annual Report of Bank of America,
# 4 Exhibit D-First Amended Complaint filed by Bank of America,
# 5 Exhibit E-Supreme Court Decision in Wachovia Bank v. Schmidt) (Scott,
Kevin) (Entered: 08/16/2010)
08/16/2010
16 Certificate of Service by Defendants Dawn R. Martinson, Unknown Spouse of
Dawn R. Martinson re 15 Declaration, (Scott, Kevin) (Entered: 08/16/2010)
12/15/2010
17 Assignment of Judgment in Douglas County Court against Dawn R. Martinson, filed
by Defendants Rex A. Magnuson, Donna R. Stabs. (Attachments:
# 1 Assignment of Judgment against Dawn R. Martinson - $2,074.53,
# 2 Cover Letter) (Kirk, Johanna) (Entered: 12/15/2010)
06/03/2011
Set Telephone Status Conference: Telephone Status Conference set for 7/1/2011 at
02:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff
responsible for setting up the call to chambers at (608) 264-5153. (rep) (Entered:
06/03/2011)
07/05/2011
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Status Conference held on 7/1/2011 [:15] (cak) (Entered: 07/05/2011)
07/06/2011
18 Pretrial Conference Order - Amendments to Pleadings due 8/16/2011. Dispositive
Motions due 1/30/2012. Motions in Limine due 5/18/2012. Response to Motion due
6/1/2012. Telephone Final Pretrial Conference set for 6/13/2012 at 03:00 PM. Jury
Selection and Trial set for 6/18/2012 at 09:00 AM. Consent to Proceed Before a
U.S. Magistrate Judge forms due 7/22/2011.. Signed by Magistrate Judge Stephen L.
Crocker on 7/6/11. (rep) (Entered: 07/06/2011)
07/25/2011
Case randomly reassigned to District Judge William M. Conley and Magistrate
Judge Stephen L. Crocker. (lak) (Entered: 07/25/2011)
01/23/2012
Set/Reset Trial Deadlines/Hearings: Telephone Final Pretrial Conference and Jury
Selection and Trial updated to reflect change in judge assignment. (lak) Modified on
2/3/2012 (llj/t). (Entered: 01/23/2012)
01/30/2012
19 Affidavit of Service by Plaintiff. Advantage Employment Services LLC served on
9/29/2009, answer due 10/20/2009; Rex A. Magnuson served on 10/1/2009, answer
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due 10/22/2009; Dawn R. Martinson served on 11/11/2009, answer due 12/2/2009;
Donna R. Stabs served on 10/7/2009, answer due 10/28/2009; Unknown Spouse of
Dawn R. Martinson served on 11/11/2009, answer due 12/2/2009; Unknown
Tenants served on 9/29/2009, answer due 10/20/2009. (Demakopoulos, Christina)
(Entered: 01/30/2012)
01/30/2012
20 Motion to Amend/Correct by Plaintiff BAC Home Loans Servicing, L.P.. Response
due 2/6/2012. (Attachments:
# 1 Cover Letter Cover letter,
# 2 Exhibit Affidavit in Support of Motion - see 25 ,
# 3 Exhibit Certificate of Merger) (Demakopoulos, Christina) Modified on
1/30/2012; requested attorney refile affidavit as a separate document. (mmo).
(Entered: 01/30/2012)
01/30/2012
21 MOTION FOR SUMMARY JUDGMENT by Plaintiff BAC Home Loans
Servicing, L.P.. Brief in Opposition due 2/21/2012. Brief in Reply due 3/1/2012.
(Attachments:
# 1 Exhibit Statement of Facts - see 26 ,
# 2 Exhibit Affidavit in Support of Motion - see 27 ,
# 3 Exhibit Affidavit in Support of Motion - see 28 ,
# 4 Exhibit Business Record - see 28 ,
# 5 Exhibit Copy of Original Note - see 28 ,
# 6 Exhibit Certificate of Merger - see 28 ,
# 7 Exhibit Notice of Acceleration - see 28 ,
# 8 Exhibit Payment History - see 28 ,
# 9 Exhibit Affidavit of Non-military Service,
# 10 Cover Letter Cover Letter) (Demakopoulos, Christina) Modified on
1/31/2012; requested attorney to refile some exhibits as separate documents.
(mmo). (Entered: 01/30/2012)
01/30/2012
22 Proposed Order by Plaintiff BAC Home Loans Servicing, L.P. re: 21 Motion for
Summary Judgment,, filed by BAC Home Loans Servicing, L.P. (Demakopoulos,
Christina) Modified docket text on 1/31/2012 (mmo). (Entered: 01/30/2012)
01/30/2012
23 Proposed Order filed by Plaintiff BAC Home Loans Servicing, L.P. re: 20 Motion to
Amend/Correct (Demakopoulos, Christina) Modified docket text on 1/31/2012
(mmo). (Entered: 01/30/2012)
01/30/2012
24 Certificate of Service filed by Plaintiff BAC Home Loans Servicing, L.P. Affidavit
of Jeffrey Arndt re: Mailing of Motions to all parties re: 20 Motion to
Amend/Correct, 21 Motion for Summary Judgment. (Demakopoulos, Christina)
Modified docket text on 1/31/2012 (mmo). (Entered: 01/30/2012)
01/31/2012
25 Affidavit of Scott D. Nabke filed by Plaintiff BAC Home Loans Servicing, L.P. re:
20 Motion to Amend/Correct, (Attachments:
# 1 Exhibit Certificate of Merger) (Demakopoulos, Christina) (Entered:
01/31/2012)
01/31/2012
26 Notice by Plaintiff BAC Home Loans Servicing, L.P. re 21 MOTION FOR
SUMMARY JUDGMENT Statement of Facts. (Demakopoulos, Christina) (Entered:
01/31/2012)
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27 Affidavit of Scott D. Nabke filed by Plaintiff BAC Home Loans Servicing, L.P. re:
21 Motion for Summary Judgment,, (Demakopoulos, Christina) (Entered:
01/31/2012)
01/31/2012
28 Affidavit of Yasamin P. Mehri filed by Plaintiff BAC Home Loans Servicing, L.P.
re: 21 Motion for Summary Judgment,, (Attachments:
# 1 Exhibit - Business Record,
# 2 Exhibit - Copy of Original Note,
# 3 Exhibit - Certificate of Merger,
# 4 Exhibit - Notice of Acceleration,
# 5 Exhibit - Payment History) (Demakopoulos, Christina) Modified on 2/1/2012
(mmo). (Entered: 01/31/2012)
02/16/2012
29 ** TEXT ONLY ORDER **
ORDER granting 20 Motion to Amend Caption. Plaintiff amended to Bank of
America, N.A. Signed by District Judge William M. Conley on 2/16/12. (rep)
(Entered: 02/16/2012)
02/21/2012
30 Motion to Strike Plaintiff's Improper Summary Judgment Filings by Defendants
Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson. Response due
2/28/2012. (Scott, Kevin) (Entered: 02/21/2012)
02/21/2012
31 Brief in Support of 30 Motion to Strike Plaintiff's Improper Summary Judgment
Filings by Defendants Dawn R. Martinson, Unknown Spouse of Dawn R.
Martinson (Scott, Kevin) Modified on 2/22/2012; same document filed as 32 Brief
in Opposition. (mmo). (Entered: 02/21/2012)
02/21/2012
32 Brief in Opposition by Defendants Dawn R. Martinson, Unknown Spouse of Dawn
R. Martinson re: 21 Motion for Summary Judgment, filed by BAC Home Loans
Servicing, L.P. (Scott, Kevin) Modified docket text on 2/22/2012 (mmo). (Entered:
02/21/2012)
02/21/2012
33 Response to Proposed Findings of Fact filed by Defendants Dawn R. Martinson,
Unknown Spouse of Dawn R. Martinson re: 21 Motion for Summary Judgment,
(Scott, Kevin) Modified docket text on 2/22/2012 (mmo). (Entered: 02/21/2012)
03/02/2012
34 Brief in Reply by Plaintiff Bank of America, N.A. in Support of 21 Motion for
Summary Judgment. (Demakopoulos, Christina) Modified docket relationship on
3/7/2012; Brief in Opposition to 30 Motion filed as 36 (mmo). (Entered:
03/02/2012)
03/02/2012
35 Proposed Finding of Fact in Support of 21 Motion for Summary Judgment, by
Plaintiff Bank of America, N.A. (Demakopoulos, Christina) Modified event
wording on 3/7/2012 (mmo). (Entered: 03/02/2012)
03/02/2012
36 Brief in Opposition by Plaintiff Bank of America, N.A. re: 30 Motion to Strike filed
by Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson (Demakopoulos,
Christina) Modified on 3/7/2012; Brief in Reply to 21 Motion filed as 34 (mmo).
(Entered: 03/02/2012)
03/02/2012
37 Notice by Plaintiff Bank of America, N.A. re 35 Proposed Findings of Fact, 34
Brief in Reply, 36 Brief in Opposition Affidavit of Mailing. (Demakopoulos,
Christina) Modified docket relationship on 3/7/2012 (mmo). (Entered: 03/02/2012)
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38 Notice by Plaintiff Bank of America, N.A. re 35 Proposed Findings of Fact, 34
Brief in Reply, 37 Notice (Other), 36 Brief in Opposition Affidavit of Mailing.
(Demakopoulos, Christina) Modified docket relationship on 3/7/2012 (mmo).
(Entered: 03/02/2012)
03/02/2012
39 Disregard - Duplicate of entry 37 ; Modified docket relationship on 3/7/2012
(mmo). Modified on 5/7/2012 (mmo). (Entered: 03/02/2012)
05/04/2012
40 Motion for Status Conference Hearing by Plaintiff Bank of America, N.A. Letter
requesting Status Conference. (Demakopoulos, Christina) Modified event wording
on 5/7/2012 (mmo). (Entered: 05/04/2012)
05/18/2012
41 Rule 26 Initial Disclosure Report by Defendants Dawn R. Martinson, Unknown
Spouse of Dawn R. Martinson (Scott, Kevin) (Entered: 05/18/2012)
05/18/2012
42 Motion to Amend Scheduling Order and Order Mediation Pursuant to F.R.C.P. 16
by Defendants Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson.
(Scott, Kevin) Modified on 5/21/2012 (llj). (Entered: 05/18/2012)
05/18/2012
43 Disregard - refiled as entry 45 ; Modified on 5/18/2012; requested attorney refile
with exhibit attached separately and described. (mmo). (Entered: 05/18/2012)
05/18/2012
44 ** TEXT ONLY ORDER **
Both parties have filed motions to amend the scheduling order 40 and 42 . In light
of these motions and the likelihood that this case will be resolved at summary
judgment, the trial date and all remaining deadlines are stricken pending issuance of
the court's summary judgment opinion. Signed by Magistrate Judge Stephen L.
Crocker on 5/18/2012. (llj) (Entered: 05/18/2012)
05/21/2012
45 Affidavit of Kevin M. Scott filed by Defendants Dawn R. Martinson, Unknown
Spouse of Dawn R. Martinson re: 42 Motion to Amend/Correct, Motion for
Miscellaneous Relief (Attachments:
# 1 Exhibit A - 5/8/12 News story) (Scott, Kevin) Modified exhibit description on
5/22/2012 (mmo). (Entered: 05/21/2012)
05/23/2012
46 ORDER granting 21 Motion for Summary Judgment. ; denying 30 Motion to Strike.
Judgment to be entered in favor of plaintiff in the amount of $658,268.65. Signed
by District Judge William M. Conley on 5/23/12. (rep) (Entered: 05/23/2012)
05/31/2012
47 Motion to Alter or Amend Judgment Pursuant to F.R.C.P. 59(e) by Defendants
Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson. (Scott, Kevin)
(Entered: 05/31/2012)
05/31/2012
48 Brief in Support of 47 Motion to Alter or Amend Judgment Pursuant to F.R.C.P.
59(e) by Defendants Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson
(Scott, Kevin) (Entered: 05/31/2012)
05/31/2012
49 Third Declaration of Kevin M. Scott filed by Defendants Dawn R. Martinson,
Unknown Spouse of Dawn R. Martinson re: 47 Motion to Alter or Amend Judgment
(Attachments:
# 1 Exhibit A-Summons and Complaint (see 51 for Complaint,
# 2 Exhibit B-Court Record Events,
# 3 Exhibit C-Sjolander Deposition Pages, See 50
# 4 Exhibit D-Mehri Google Search,
# 5 Exhibit E-Mehri LinkedIn page,
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# 6 Exhibit F-Mehri Facebook page,
# 7 Exhibit G-Wikipedia Page) (Scott, Kevin) Modified on 6/1/2012; no complaint
attached to Exhibit A, requested attorney file as exhibit. Requested full/compressed
Depo. of Sjolander to be filed as separate document.(mmo). (Entered: 05/31/2012)
06/01/2012
50 Deposition of Michele Sjolander (Exhibit C to 49 Declaration) filed by Dawn R.
Martinson, Unknown Spouse of Dawn R. Martinson (Scott, Kevin) Modified
event/docket text on 6/1/2012 (mmo). (Entered: 06/01/2012)
06/01/2012
51 Exhibit A (Douglas County Complaint) to 49 Declaration filed by Dawn R.
Martinson, Unknown Spouse of Dawn R. Martinson (Scott, Kevin) Modified docket
text on 6/1/2012 (mmo). (Entered: 06/01/2012)
06/01/2012
52 ANSWER by Defendants Dawn R. Martinson, Unknown Spouse of Dawn R.
Martinson. (Scott, Kevin) (Entered: 06/01/2012)
06/12/2012
53 ** TEXT ONLY ORDER **
The court is in receipt of defendants' motion to alter or amend the judgment
pursuant to Federal Rule of Civil Procedure 59(e) 47 . Defendants have raised an
issue as to the existence of two versions of the note underlying plaintiff's claim: one
attached to the complaint 1 and one attached to Yasamin Mehri's Affidavit 28 .
Plaintiff Bank of America, N.A. may submit a response to defendants' motion on or
before June 22, 2012. Signed by District Judge William M. Conley on 6/12/12. (rep)
Modified on 6/29/2012 (llj). (Entered: 06/12/2012)
06/21/2012
54 Brief in Opposition by Plaintiff Bank of America, N.A. re: 47 Motion to Alter or
Amend Judgment filed by Dawn R. Martinson, Unknown Spouse of Dawn R.
Martinson (Demakopoulos, Christina) (Entered: 06/21/2012)
06/21/2012
55 Motion to Strike by Plaintiff Bank of America, N.A.. Response due 6/28/2012.
(Demakopoulos, Christina) (Entered: 06/21/2012)
06/21/2012
56 Brief in Support of 55 Motion to Strike by Plaintiff Bank of America, N.A.
(Demakopoulos, Christina) (Entered: 06/21/2012)
06/28/2012
57 Brief in Opposition by Defendants Dawn R. Martinson, Unknown Spouse of Dawn
R. Martinson re: 55 Motion to Strike filed by Bank of America, N.A. (Scott, Kevin)
(Entered: 06/28/2012)
08/08/2012
58 ORDER granting 47 Motion to Alter or Amend Judgment ; denying as moot 55
Motion to Strike. The order granting summary judgment (dkt. 46 ) is vacated. A
status conference is to be set to reset a trial date. Signed by District Judge William
M. Conley on 8/8/12. (rep) (Entered: 08/08/2012)
08/08/2012
Set Telephone Status Conference: Telephone Status Conference set for 8/24/2012 at
01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff
responsible for setting up the call to chambers at (608) 264-5153. (rep) (Entered:
08/08/2012)
08/24/2012
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Status Conference held on 8/24/2012 [:15] (cak) (Entered: 08/24/2012)
08/24/2012
59 Amended Scheduling Order: Settlement Letters due 11/30/2012. Motions in Limine
due 12/7/2012. Response to Motion due 12/21/2012. Final Pretrial Conference set
for 1/2/2013 at 03:00 PM. Jury Selection and Trial set for 1/7/2013 at 09:00 AM.
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Signed by Magistrate Judge Stephen L. Crocker on 8/24/12. (rep) (Entered:
08/24/2012)
11/01/2012
60 Motion to Withdraw as Attorney by Defendants Dawn R. Martinson, Unknown
Spouse of Dawn R. Martinson. Response due 11/8/2012. (Scott, Kevin) (Entered:
11/01/2012)
11/01/2012
61 Declaration of Kevin M. Scott, Esq. filed by Defendants Dawn R. Martinson,
Unknown Spouse of Dawn R. Martinson re: 60 Motion to Withdraw as Attorney
(Scott, Kevin) (Entered: 11/01/2012)
11/01/2012
62 Certificate of Service by Defendants Dawn R. Martinson, Unknown Spouse of
Dawn R. Martinson (Scott, Kevin) (Entered: 11/01/2012)
11/12/2012
63 Notice of Appearance LIMITED APPEARANCE Solely for the Purpose of
Defending Dawn Martinson Green and Carl Green against Motion for Leave to
Withdraw filed by Attorney Kevin M. Scott for DEWITT, ROSS & STEVENS, S.C.:
filed without reasonable notice and wihout just cause; failing to provide the
Greens' with adequate opportunity to obtain other counsel by failing to seek
modification of the scheduling order and date set for trial resulting in material,
adverse effects on the Greens' ability to obtain other counsel filed by Wendy
Alison Nora for Defendants Dawn R. Martinson, Unknown Spouse of Dawn R.
Martinson (Nora, Wendy Alison) (Entered: 11/12/2012)
11/12/2012
64 Objection to Motion by Defendants Dawn R. Martinson, Unknown Spouse of Dawn
R. Martinson re: 60 Motion to Withdraw as Attorney filed by Dawn R. Martinson,
Unknown Spouse of Dawn R. Martinson (Attachments:
# 1 Unsworn Declaration Under Penalty of Perjury of Carl Green in Opposition to
Motion to Leave to Withdaw filed by Attorney Kevin M. Scott of DEWITT, ROSS
& STEVENS, S.C.) (Nora, Wendy Alison) (Entered: 11/12/2012)
11/12/2012
65 Brief in Opposition by Defendants Dawn R. Martinson, Unknown Spouse of Dawn
R. Martinson re: 60 Motion to Withdraw as Attorney filed by Dawn R. Martinson,
Unknown Spouse of Dawn R. Martinson RESPONSE REFILED AS BRIEF IN
OPPOSITION WITH ATTACHED AMENDED UNSWORN DECLARATION
UNDER PENALTY OF PERJURY (Attachments:
# 1 AMENDED Unsworn Declaration Under Penalty of Perjury of Carl Green in
Opposition to Motion to Leave to Withdaw filed by Attorney Kevin M. Scott of
DEWITT, ROSS & STEVENS, S.C.) (Nora, Wendy Alison) (Entered: 11/12/2012)
11/13/2012
66 ** TEXT ONLY ORDER **
The court is in receipt of defendants' counsel's motion to withdraw 60 , which is
GRANTED, provided that Attorneys Smigelski and Scott ensure defendants receive
a copy of this order and arrange for the orderly transfer of all appropriate files to
defendants. Defendants' objection to their counsel's motion to withdraw 64 and 65 )
is STRICKEN as untimely. Any implicit request for an extension of time on the part
of defendants is also DENIED. All pre-trial deadlines and the January 7, 2013, trial
date remain unchanged. Signed by District Judge William M. Conley on 11/13/12.
(rep) Modified on 11/30/2012 (llj). (Entered: 11/13/2012)
11/14/2012
67 Notice by Plaintiff Bank of America, N.A. Notice of Motion and Motion for a
Bench Trial. (Demakopoulos, Christina) (Entered: 11/14/2012)
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68 Third Party Motion for A Bench Trial re 67 Notice (Other) by Plaintiff Bank of
America, N.A.. Response due 11/21/2012. (Demakopoulos, Christina) (Entered:
11/14/2012)
11/14/2012
69 Brief in Support of 68 Motion for Miscellaneous Relief by Plaintiff Bank of
America, N.A. (Demakopoulos, Christina) (Entered: 11/14/2012)
11/14/2012
70 Certificate of Service by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina) (Entered: 11/14/2012)
11/26/2012
71 Brief in Opposition filed pro se by Defendants Dawn R. Martinson, Unknown
Spouse of Dawn R. Martinson re: 68 Motion for Bench Trial filed by Bank of
America, N.A. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc) (Entered: 11/26/2012)
11/28/2012
72 Motion for Leave to File Amended Complaint by Defendants Dawn R. Martinson,
Unknown Spouse of Dawn R. Martinson. (Attachments:
# 1 Certificate of Service) (rep) (Entered: 11/28/2012)
11/28/2012
73 Amended Answer to 1 Notice of Removal, COUNTERCLAIM against Bank of
America, N.A. by Defendants Dawn Martinson and the Unknown Spouse of Dawn
Martinson. (Attachments:
# 1 Certificate of Service) (rep) (Entered: 11/28/2012)
11/28/2012
74 Motion for Relief from Judgment or Order Pursuant to FRCP 60 by Interested
Party DeWitt Ross & Stevens SC. (Scott, Kevin) (Entered: 11/28/2012)
11/28/2012
75 Third Declaration of Kevin M. Scott filed by Interested Party DeWitt Ross &
Stevens SC re: 74 Motion for Relief from Judgment (Attachments:
# 1 Exhibit A - 11.13.12 Ltr to Green,
# 2 Exhibit B - 10.12.12 Email to Green,
# 3 Exhibit C - 10.23.12 Email from Green,
# 4 Exhibit D - 11.16.12 Email to Green,
# 5 Exhibit E - 11.20.12 Email to Green,
# 6 Exhibit F - 11.20.12 Ltr to Atty Nora,
# 7 Exhibit G - 11.21.12 Email from Atty Nora) (Scott, Kevin) (Entered:
11/28/2012)
11/29/2012
76 Brief in Opposition by Counter Claimants Dawn R. Martinson, Unknown Spouse of
Dawn R. Martinson, Defendants Dawn R. Martinson, Unknown Spouse of Dawn R.
Martinson re: 74 Motion for Relief from Judgment filed by DeWitt Ross & Stevens
SC (Attachments:
# 1 Exhibit A: E-mail to Kevin Scott dated November 22,. 2012 (correcting
typographical error)) (Nora, Wendy Alison) (Entered: 11/29/2012)
11/29/2012
77 ORDER granting 68 Third Party Motion for A Bench Trial ; denying 72 Motion for
Leave to File amended answer and counterclaims. Signed by District Judge William
M. Conley on 11/28/12. (rep) (Entered: 11/29/2012)
11/30/2012
78 ORDER granting 74 Motion for Relief from Order. Signed by District Judge William
M. Conley on 11/30/12. (rep) (Entered: 11/30/2012)
11/30/2012
Reset Trial Deadlines/Hearings: Final Pretrial Submissions due 12/10/2012. Court
Trial set for 1/7/2013 at 09:00 AM. (rep) (Entered: 11/30/2012)
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12/07/2012
79 Request and affidavit for Issuance of Subpoena by Defendant Unknown Spouse of
Dawn R. Martinson. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) Per phone call conversation w/ plaintiff, this letter is the
actual request and affidavit for issuance of subpoenas. (jef) (Entered: 12/07/2012)
12/07/2012
80 Witness List and Exhibit List by Defendants Dawn R. Martinson, Unknown Spouse
of Dawn R. Martinson. (jef),(ps) (Entered: 12/07/2012)
12/07/2012
81 Affidavit of Richard M. Kahn. (Attachments:
# 1 Expert report,
# 2 Expert's statement of evidence and expert witness status in this case,
# 3 Declaration of Richard Kahn,
# 4 Resume of Richard Kahn) (jef),(ps) (Entered: 12/07/2012)
12/10/2012
82 Final Pretrial Conference Report Witness List-Exhibit List by Plaintiff Bank of
America, N.A. (Demakopoulos, Christina),(ps) (Entered: 12/10/2012)
12/10/2012
83 Disregard - refiled as entry 84 ; Modified on 12/11/2012; no signature. (mmo).
(Entered: 12/10/2012)
12/10/2012
84 Certificate of Service by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) (Entered: 12/10/2012)
12/10/2012
85 Motion in Limine by Plaintiff Bank of America, N.A.. (Demakopoulos,
Christina),(ps) (Entered: 12/10/2012)
12/10/2012
86 Disregard - wrong document attached; Modified on 12/11/2012; see 90 for cert. of
service. (mmo). (Entered: 12/10/2012)
12/10/2012
87 Motion to Exclude Defendants' Expert Witness and Strike Expert Report by
Plaintiff Bank of America, N.A.. (Demakopoulos, Christina),(ps) (Entered:
12/10/2012)
12/10/2012
88 Brief in Support of 87 Motion for Miscellaneous Relief to Exclude Defendants'
Expert Witness and Strike Expert Report by Plaintiff Bank of America, N.A.
(Demakopoulos, Christina),(ps) (Entered: 12/10/2012)
12/10/2012
89 Certificate of Service by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) (Entered: 12/10/2012)
12/10/2012
90 Corrected Certificate of Service by Plaintiff Bank of America, N.A.
(Demakopoulos, Christina),(ps) (Entered: 12/10/2012)
12/10/2012
91 Letter from clerk's office regarding subpoenas. (jef),(ps) (Entered: 12/11/2012)
12/11/2012
Set Briefing as to 87 Motion to Exclude Defendants' Expert Witness and Strike
Expert Report . Defendants' Response due 12/19/2012. There will be no reply.
(jef),(ps) (Entered: 12/11/2012)
12/19/2012
92 Notice of Appearance (SECOND LIMITED) on behalf of Dawn Martinson Green
and Carl L. Green (known in these proceedings as the Unknown Spouse of Dawn
Martinson) filed by Wendy Alison Nora for Defendant Dawn R. Martinson (Nora,
Wendy Alison),(ps) (Entered: 12/19/2012)
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93 Brief in Opposition to 85 Motion in Limine and brief in opposition to 87 Motion to
Exclude Defendants' Expert Witness and Strike Expert Report, filed by Defendants
Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson. (Nora, Wendy
Alison),(ps) Modified on 12/27/2012. (lak) (Entered: 12/19/2012)
12/19/2012
94 Amended Document by Defendants Dawn R. Martinson, Unknown Spouse of Dawn
R. Martinson. (Nora, Wendy Alison),(ps) (Entered: 12/19/2012)
12/19/2012
95 Brief in Opposition by Defendants Dawn R. Martinson, Unknown Spouse of Dawn
R. Martinson re: 87 Motion for Miscellaneous Relief filed by Bank of America,
N.A., 85 Motion in Limine filed by Bank of America, N.A. RESPONSE TO
MOTIONS IN LIEU OF BRIEF (Nora, Wendy Alison),(ps) (Entered: 12/19/2012)
12/19/2012
96 MOTION TO DISMISS , Motion to Stay , Motion to Strike by Defendants
Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson. (Nora, Wendy
Alison),(ps) (Entered: 12/19/2012)
12/21/2012
97 Objection to Rule 26(a)(3) Designations by Plaintiff Bank of America, N.A.
(Demakopoulos, Christina),(ps) (Entered: 12/21/2012)
12/21/2012
98 Certificate of Service by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) (Entered: 12/21/2012)
12/27/2012
99 Mail Returned as Undeliverable re Pro Se Discovery Motion Briefing. Mail sent to
Carl Green and Dawn Martinson. (Attachments:
# 1 NEF Setting Briefing Schedule) (lak),(ps) Mail not re-sent; had also been sent to
P.O. Box as well, 1/2/2013 (jef). (Entered: 12/27/2012)
12/28/2012
100 Corporate Disclosure Statement by Plaintiff Bank of America, N.A.
(Demakopoulos, Christina),(ps) (Entered: 12/28/2012)
12/28/2012
101 Brief in Reply by Plaintiff Bank of America, N.A. in Support of 96 Motion to
Dismiss, Motion to Stay, Motion to Strike (Demakopoulos, Christina),(ps) (Entered:
12/28/2012)
12/28/2012
102 Certificate of Service by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) (Entered: 12/28/2012)
12/28/2012
103 Brief in Opposition by Defendants Dawn R. Martinson, Unknown Spouse of Dawn
R. Martinson re: 87 Motion for Miscellaneous Relief filed by Bank of America,
N.A., 85 Motion in Limine filed by Bank of America, N.A. (Attachments:
# 1 Exhibit A: Name Change Countrywide Home Loans Servicing, LP to BAC
Home Loans Servicing, LP on April 21, 2009,
# 2 Exhibit B: Countrywide Home Loans Servicing, LP Detail (History),
# 3 Exhibit C: Washington Supreme Court-Bain v. Metropolitan Mortage Group,
Inc. holding: MERS does not own or hold notes,
# 4 Exhibit D: Initial Financial Disclosure Statement of Willam M. Conley dated
May 21, 2011,
# 5 Exhibit E: Bank of America Corporation (real party in interest) 10 largest
shareholders,
# 6 Exhibit F: 2010 Federal Retirement Account (Asset Manager: BlackRock
Institutional Trust Company, N.A.) (Nora, Wendy Alison),(ps) (Entered:
12/28/2012)
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12/31/2012
104 Joint Preliminary Pretrial Conference Report by Plaintiff Bank of America, N.A.
(Demakopoulos, Christina),(ps) (Entered: 12/31/2012)
12/31/2012
105 Disregard - refiled as entry 113 ; Certificate of Service by Plaintiff Bank of
America, N.A. (Demakopoulos, Christina),(ps) Modified on 1/2/2013; requested
attorney refile with signature (mmo). (Entered: 12/31/2012)
12/31/2012
106 Proposed Findings of Fact by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) (Entered: 12/31/2012)
12/31/2012
107 Proposed Special Verdict - Liability and Damages by Plaintiff Bank of America,
N.A. (Demakopoulos, Christina),(ps) (Entered: 12/31/2012)
12/31/2012
108 Disregard - refiled as entry 112 ; Certificate of Service by Plaintiff Bank of
America, N.A. (Demakopoulos, Christina),(ps) Modified on 1/2/2013; requested
attorney refile with signature (mmo). (Entered: 12/31/2012)
12/31/2012
109 Motion to Strike 104 Joint Preliminary Pretrial Conference Report by Counter
Claimant Dawn R. Martinson, Defendant Unknown Spouse of Dawn R. Martinson.
(Nora, Wendy Alison),(ps) (Entered: 12/31/2012)
12/31/2012
110 MOTION TO DISMISS , Motion to Strike by Defendants Dawn R. Martinson,
Unknown Spouse of Dawn R. Martinson. (Nora, Wendy Alison),(ps) (Entered:
12/31/2012)
12/31/2012
111 Amended MOTION TO DISMISS , Motion to Strike 106 Proposed Findings of
Fact, 110 MOTION TO DISMISS Motion to Strike , 107 Proposed Special
Verdict by Defendants Dawn R. Martinson, Unknown Spouse of Dawn R.
Martinson. (Nora, Wendy Alison),(ps) (Entered: 12/31/2012)
01/01/2013
Notice to Counsel and Parties: Because this matter is to be tried to the court, no
final pretrial conference will be held. (elc),(ps) (Entered: 01/01/2013)
01/02/2013
112 Certificate of Service by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) (Entered: 01/02/2013)
01/02/2013
113 Certificate of Service by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) (Entered: 01/02/2013)
01/02/2013
114 Motion for telephonic appearance at pre-trial conference which must proceed on
January 2, 2013 as previously ordered re Notice to Counsel by Defendants Dawn R.
Martinson, Unknown Spouse of Dawn R. Martinson. (Nora, Wendy Alison),(ps)
(Entered: 01/02/2013)
01/02/2013
115 ** TEXT ONLY ORDER **
The court is in receipt of defendant Carl and Dawn Martinson Greens' emergency
motion for telephonic pre-trial conference on January 2, 2013. (Dkt. # 114 .) The
January 1, 2013, notice informing the parties that the final pretrial conference
would not be held was purely an administrative act, consistent with the fact that the
trial is now before the court, not a jury. Indeed, the conference had been removed
from the court's calendar upon its grant of plaintiff's motion for a bench trial on
November 29, 2012. While defendants do not state good grounds for granting their
motion, the court has been advised that mail sent to defendants has been returned to
the court. For that reason alone, a status conference would appear to be in order.
Accordingly, the court will hold a brief telephonic status conference at 3:00 p.m.
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today to determine why, as well as address any other issues the parties may wish to
raise in advance of trial. Attorney Nora shall initiate the conference call to the court
at 608-264-5087. Plaintiff's counsel shall advice the court and Attorney Nora at
what number they should be reached. Signed by District Judge William M. Conley
on 1/2/2013. (elc),(ps) (Entered: 01/02/2013)
01/02/2013
Minute Entry for proceedings held before District Judge William M. Conley: Status
Conference held on 1/2/2013 [:30] (Court Reporter LS.) (elc),(ps) (Entered:
01/02/2013)
01/03/2013
116 ORDER reserving ruling on plaintiff's 85 Motion in Limine; granting plaintiff's 87
Motion to Exclude Defendants' Expert Witness and Strike Expert Report ; denying
defendants' 96 , 110 , 111 Motions to Dismiss, to Stay, and to Strike; and granting in
part and denying in part defendants' motion to strike plaintiff's pretrial statement.
Signed by District Judge William M. Conley on 1/3/2013. (jef),(ps) (Entered:
01/03/2013)
01/04/2013
Notice to Counsel and Parties. Trial will be held in courtroom 260. (lak),(ps)
(Entered: 01/04/2013)
01/07/2013
117 Notice by Defendants Dawn R. Martinson, Unknown Spouse of Dawn R. Martinson
. (Attachments:
# 1 Exhibit Notice of Bankruptcy Filing of Dawn R. Martinson) (Nora, Wendy
Alison),(ps) (Entered: 01/07/2013)
01/07/2013
118 Minute Entry for proceedings held before District Judge William M. Conley: Status
Conference held on 1/7/2013 [:3] (Court Reporter LS) (elc),(ps) (Entered:
01/07/2013)
01/07/2013
119 ORDER that this case is DISMISSED without prejudice subject to its reopening
upon the completion of bankruptcy proceedings where all issues have not been
rendered fully dispositive. IT IS FURTHER ORDERED that any order to reopen
shall place this case at the head of the docket for immediate judicial attention.
Signed by District Judge William M. Conley on 1/7/2013. (jef),(ps) (Entered:
01/07/2013)
04/09/2013
120 Motion to Withdraw as Attorney by Defendants Dawn R. Martinson, Unknown
Spouse of Dawn R. Martinson. (Attachments:
# 1 Exhibit A: Discharge of Attorney by Defendant s Dawn R. Martinson and Carl
L. Green) (Nora, Wendy Alison),(ps) (Entered: 04/09/2013)
04/09/2013
121 ** TEXT ONLY ORDER **
ORDER granting Attorney Wendy Alison Nora's 120 Motion to Withdraw as
Attorney for defendants Dawn R. Martinson and Carl L. Green. Signed by District
Judge William M. Conley on 4/9/2013. (elc),(ps) (Entered: 04/09/2013)
08/01/2013
122 Notice by Plaintiff Bank of America, N.A. Letter Requesting Reopen of Action.
(Demakopoulos, Christina),(ps) (Entered: 08/01/2013)
08/01/2013
Set Hearings: Telephone Scheduling Conference set for 8/15/2013 at 10:00 AM
before Judge William M. Conley. Counsel for Plaintiff is responsible for setting up
the call to chambers at (608) 264-5087. (elc),(ps) (Entered: 08/01/2013)
08/06/2013
Re-Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference
re-set for 8/22/2013 at 10:00 AM before Judge William M. Conley. Counsel for
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Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (jef),(ps)
(Entered: 08/06/2013)
08/07/2013
Reset Hearings: Telephone Scheduling Conference set rescheduled from 8/22/2013
at 10:00 to 8/21/2013 at 10:00 AM to accommodate defendants schedule.
Telephone Hearing to be held before Judge William M. Conley. Counsel for Plaintiff
remains responsible for setting up the call to chambers at (608) 264-5087. (elc),(ps)
(Entered: 08/07/2013)
08/16/2013
123 Response by defendants Dawn Martinson Green and Carl Green re 122 Notice.
(Attachments:
# 1 Attachments to Response,
# 2 Envelope) (elc),(ps) (Entered: 08/16/2013)
08/21/2013
124 Scheduling Order - The case is reopened in light of plaintiff's 122 notice of the
dismissal of Dawn Martinson Green's bankruptcy action. Trial to the court is
scheduled for Monday, October 21, 2013, at 9:00 a.m. On or before October 7,
2013, the parties may serve and file a trial brief, if they wish. The final telephonic
pre-trial conference shall be held on Monday, October 14, 2013, at 2:00 p.m.
Plaintiff is responsible for initiating the conference call to the court that day by
calling the usual number (608-264-5087), notwithstanding that October 14 is a
federal holiday. Signed by District Judge William M. Conley on 8/21/2013. (jef),(ps)
(Entered: 08/21/2013)
10/09/2013
125 Request to Continue the Trial by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) Modified on 10/10/2013 (rep). (Entered: 10/09/2013)
10/10/2013
126 Order STAYING this case until October 25, 2013. The pretrial conference
scheduled for Monday, October 14, 2013, and the trial scheduled for October 21,
2013, are STRUCK from the court's calendar. Signed by District Judge William M.
Conley on 10/10/2013. (elc),(ps) (Entered: 10/10/2013)
10/10/2013
Set Deadlines/Hearings: Court Trial set for 10/25/2013 at 09:00 AM. (elc),(ps)
(Entered: 10/10/2013)
10/24/2013
127 Motion to Continue Court Trial to allow Defendant to complete the loss mitigation
process filed by Defendant Dawn R. Martinson. (elc),(ps) (Entered: 10/24/2013)
10/24/2013
128 ORDER denying 127 Motion to Continue the court trial. Trial to proceed as
scheduled October 25, 2013 at 9 a.m. Signed by District Judge William M. Conley
on 10/24/2013. (elc),(ps) (Entered: 10/24/2013)
10/25/2013
129 Minute Entry for proceedings held before District Judge William M. Conley: Court
Trial held on 10/25/2013 Ruling made in favor of Plaintiff Bank of America, N.A.
[1:21] (Court Reporter LS) (elc),(ps) (Entered: 10/25/2013)
10/25/2013
130 Plaintiff Bank of America N.A.'s Exhibit List and exhibits received by the court.
(Attachments:
# 1 Exhibit 1 - Copy of Original Note,
# 2 Exhibit 2 - Account Information Statement) (elc),(ps) (Entered: 10/25/2013)
10/25/2013
131 Defendants Exhibit List. Exhibits A, B, C received in evidence; Exhibit D not
received. (Attachments:
# 1 Exhibit A - Summons and Complaint,
# 2 Exhibit B - Certificate of Merger,
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# 3 Exhibit C - Certificate of Limited Partnership,
# 4 Exhibit D - Audit Report dated 12/3/2012) (elc),(ps) (Entered: 10/25/2013)
10/31/2013
132 Motion for Attorney Fees, filed by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) Modified on 11/1/2013. (lak) (Entered: 10/31/2013)
10/31/2013
133 Affidavit of Christina E. Demakopoulos, filed by Plaintiff Bank of America, N.A.
Affidavit of Non-Military Service re: 21 Motion for Summary Judgment.
(Demakopoulos, Christina),(ps) Modified on 11/1/2013. (lak) (Entered: 10/31/2013)
10/31/2013
134 Proposed Judgment, filed by Plaintiff Bank of America, N.A. (Demakopoulos,
Christina),(ps) Modified on 11/1/2013. (lak) (Entered: 10/31/2013)
11/08/2013
135 ORDER denying 132 Motion for Attorney Fees. The clerk of the court enter
judgment in favor of plaintiff Bank of America, N.A. as indicated within this order.
Signed by District Judge William M. Conley on 11/8/2013. (jef),(ps) (Entered:
11/08/2013)
11/13/2013
136 JUDGMENT in favor of Bank of America, N.A. in the amount of $ 708,027.92.
(WMC / PAO). (jef),(ps) (Entered: 11/13/2013)
12/09/2013
137 NOTICE OF APPEAL by Counter Claimant Dawn R. Martinson, Defendant Dawn
R. Martinson as to 136 Judgment. Filing fee of $ 505, receipt number 0758-1268547
paid. Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Pagel, Briane),(ps) (Entered: 12/09/2013)
12/11/2013 11:07 AM
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