Moore, Terrance et al v. Wells Fargo Home Mortgage

Filing 34

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 32 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Judgment, # 4 Docket Sheet) (lak)

APPEAL, BGW, CLOSED, DECLINE_MJ,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16-cv-00656-wmc

Moore, Terrance et al v. Wells Fargo Home Mortgage
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 12:2605 Violation of RESPA & WCA

Date Filed: 09/28/2016
Date Terminated: 02/15/2018
Jury Demand: Plaintiff
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question

Plaintiff
Terrance Moore

represented by Briane F. Pagel , Jr.
Lawton & Cates, S.C.
345 W. Washington Ave. Ste. 201
Madison, WI 53703
608.282.6200
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Dixie Moore

represented by Briane F. Pagel , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Wells Fargo Home Mortgage

represented by Stephanie L. Dykeman
Litchfield Cavo LLP
Suite 290
13400 Bishop's Lane
Brookfield, WI 53005
262-784-8931
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ericka Celeste Hammett
Litchfield Cavo LLP
13400 Bishops Lane, Suite 290
Brookfield, WI 53005-6237
262-784-8984
Fax: [phone]
Email: [e-mail]

ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

09/28/2016

1 COMPLAINT against Wells Fargo Home Mortgage. ( Filing fee $ 400 receipt number
0758-1890343.), filed by All Plaintiffs, (Attachments:
# 1 Civil Cover Sheet,
# 2 Disregard. Not to be e-filed.) (Pagel, Briane) Modified on 9/28/2016. (lak) (Entered:
09/28/2016)

09/28/2016

2 Disregard. (Pagel, Briane) Modified on 9/28/2016 (jat). (Entered: 09/28/2016)

09/28/2016

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jat) (Entered: 09/28/2016)

09/28/2016

Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties
with summons or waiver of service: Corporate Disclosure Statement, Order Regarding Assignment
of Civil Cases, Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment,
Order on Dispositive Motions. (jat) (Entered: 09/28/2016)

09/28/2016

3 Request for Issuance of Summons by Plaintiffs Dixie Moore, Terrance Moore. (Pagel, Briane)
(Entered: 09/28/2016)

09/28/2016

4 Summons Issued as to Wells Fargo Home Mortgage. (jat) (Entered: 09/28/2016)

11/15/2016

Action Requested: Counsel for plaintiff requested to promptly file proof of service. (jat) (Entered:
11/15/2016)

11/17/2016

5 Affidavit of Service by Plaintiff. Wells Fargo Home Mortgage served on 11/17/2016, answer due
12/8/2016. (Pagel, Briane) (Entered: 11/17/2016)

12/06/2016

6 ANSWER by Defendant Wells Fargo Home Mortgage. (Dykeman, Stephanie) (Entered:
12/06/2016)

12/06/2016

7 Corporate Disclosure Statement by Defendant Wells Fargo Home Mortgage. (Dykeman, Stephanie)
(Entered: 12/06/2016)

12/06/2016

Set Telephone Conference: Telephone Pretrial Conference set for 12/28/2016 at 01:30 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference attached]
(jat) (Entered: 12/06/2016)

12/22/2016

Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L.
Crocker. (cak) (Entered: 12/22/2016)

12/28/2016

8 Notice of Suggestion of Bankruptcy by Plaintiffs Dixie Moore, Terrance Moore. (Pagel, Briane)
(Entered: 12/28/2016)

12/28/2016

Notice to Counsel: The Telephone Pretrial Conference set for 12/28/2016 at 1:30 PM before
Magistrate Judge Stephen L. Crocker is canceled. (kwf) (Entered: 12/28/2016)

12/28/2016

Set Status Conference: Telephone Status Conference set for 2/14/2017 at 1:00 PM before Magistrate
Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at
[phone]. (arw) (Entered: 12/28/2016)

12/28/2016

9 ** TEXT ONLY ORDER **
In light of plaintiffs' having filed for bankruptcy protection on December 27, 2016 (see dkt. 8 ), the
December 28, 2016 telephonic preliminary pretrial conference is canceled. The court will hold a
telephonic status conference on February 14, 2017 at 1:00 PM. Signed by Magistrate Judge Stephen

L. Crocker on 12/28/2016. (arw) (Entered: 12/28/2016)
02/14/2017
02/14/2017

02/14/2017

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Status
Conference held on 2/14/2017 [:10] (cak) (Entered: 02/14/2017)
10 ** TEXT ONLY ORDER **
At a February 14, 2017 unrecorded telephonic status conference, counsel for both sides reported that
they believe the bankruptcy court will lift the stay for this lawsuit so that it may proceed apace. As a
result, this court set March 7, 2017 as the deadline for the parties to submit their 26(f) report, along
with confirmation that this lawsuit has been green-lighted by the bankruptcy court. This court will
hold the telephonic preliminary pretrial conference on March 9, 2017 at 1:30 p.m., with plaintiffs'
attorney initiating the conference call to chambers. Finally, we set jury selection and trial for March
19, 2018 at 9:00 a.m. so that this case can keep its place in line. The parties had no other matters to
bring to the court's attention. Signed by Magistrate Judge Stephen L. Crocker on 2/14/17. (jat)
(Entered: 02/14/2017)
Set Telephone Conference: Telephone Pretrial Conference set for 3/9/2017 at 01:30 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference attached]
(jat) (Entered: 02/14/2017)

03/06/2017

11 Joint Preliminary Pretrial Conference Report by Plaintiffs Dixie Moore, Terrance Moore. (Pagel,
Briane) (Entered: 03/06/2017)

03/09/2017

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 3/9/2017 [:10] (cak) (Entered: 03/09/2017)

03/22/2017

12 Pretrial Conference Order - Amendments to Pleadings due 3/31/2017. Dispositive Motions due
10/6/2017. Settlement Letters due 2/9/2018. Motions in Limine due 2/16/2018. Response to Motion
due 3/2/2018. Final Pretrial Conference set for 3/13/2018 at 04:00 PM. Jury Selection and Trial set
for 3/19/2018 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/15/17. (jat)
(Entered: 03/22/2017)

10/05/2017

13 MOTION FOR SUMMARY JUDGMENT by Defendant Wells Fargo Home Mortgage. Brief in
Opposition due 10/26/2017. Brief in Reply due 11/6/2017. (Piotrowski, Ericka) (Entered:
10/05/2017)

10/05/2017

14 Brief in Support of 13 Motion for Summary Judgment by Defendant Wells Fargo Home Mortgage.
(Piotrowski, Ericka) (Entered: 10/05/2017)

10/05/2017

15 Affidavit of Tamara Golden filed by Defendant Wells Fargo Home Mortgage re: 13 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit - Letter dated 8/10/2016,
# 2 Exhibit - Letter dated 9/30/2016) (Piotrowski, Ericka) Modified on 10/5/2017. (lak) (Entered:
10/05/2017)

10/05/2017

16 Affidavit of Ericka C. Piotrowski filed by Defendant Wells Fargo Home Mortgage re: 13 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit A - Electronic Docket Report, 2011-CV-2758,
# 2 Exhibit B - Dixie Moore's Responses to First Set of Written Discovery Requests,
# 3 Exhibit C - Terrence Moore's Responses to First Set of Written Discovery Requests,
# 4 Exhibit D - Plaintiff's Objection to Defendant's Motion for Injunctive Relief,
# 5 Exhibit E - Electronic Docket Report, 2013-15492-rdm,
# 6 Exhibit F - Stipulation, Affidavit of Default, Order Granting Deutsche Bank's Motion for Relief
from Automatic Stay,
# 7 Exhibit G - Moore's Notice of Motion and Motion to Stay Sheriff's Sale,

# 8 Exhibit H - Electronic Docket Report, 2016-14280-cjf,
# 9 Exhibit I - Mikulski v. Wells Fargo Bank, N.A., et al., No. 17-CV-179, 2017,
# 10 Exhibit J - Plaintiffs' Fed.R.Civ.P. 26(a)(1)(A) Initial Disclosure) (Piotrowski, Ericka) Modified
on 10/5/2017: Detailed e-mail to counsel. Disregard future entries. (lak) (Entered: 10/05/2017)
10/05/2017

17 Proposed Findings of Fact filed by Defendant Wells Fargo Home Mortgage re: 13 Motion for
Summary Judgment. (Piotrowski, Ericka) (Entered: 10/05/2017)

10/11/2017

Reset Deadlines as to 13 MOTION FOR SUMMARY JUDGMENT. Brief in Opposition due
11/2/2017. Brief in Reply due 11/16/2017. (See Pretrial Conference Order 12 ) (jat) (Entered:
10/11/2017)

11/02/2017

18 Brief in Opposition by Plaintiffs Dixie Moore, Terrance Moore re: 13 Motion for Summary
Judgment filed by Wells Fargo Home Mortgage. (Pagel, Briane) (Entered: 11/02/2017)

11/02/2017

19 Response to Proposed Findings of Fact filed by Plaintiffs Dixie Moore, Terrance Moore re: 13
Motion for Summary Judgment. (Pagel, Briane) (Entered: 11/02/2017)

11/02/2017

20 Disregard. See 24 . Modified on 11/3/2017. (lak) (Entered: 11/02/2017)

11/02/2017

21 Disregard. Page 2 is missing. See 25 . Modified on 11/3/2017. (lak) (Entered: 11/02/2017)

11/02/2017

22 Affidavit of Dixie Finley a/k/a Dixie Moore filed by Plaintiffs Dixie Moore, Terrance Moore re: 13
Motion for Summary Judgment. (Pagel, Briane) (Entered: 11/02/2017)

11/02/2017

23 Affidavit of Attorney Briane F. Pagel filed by Plaintiffs Dixie Moore, Terrance Moore re: 13 Motion
for Summary Judgment, (Attachments:
# 1 Exhibit A - Chapter 13 Bankruptcy Plan,
# 2 Exhibit B - Wells Fargo Proof of Claim in Plaintiff's Bankruptcy,
# 3 Exhibit C - 25 Year Amortization Schedule,
# 4 Exhibit D - 40 Year Amortization Schedule (Last page is blank.) (Pagel, Briane) Modified on
11/3/2017: Exhibit descriptions. (lak) (Entered: 11/02/2017)

11/03/2017

24 Proposed Findings of Fact filed by Plaintiffs Dixie Moore, Terrance Moore re: 13 Motion for
Summary Judgment. (lak) (Entered: 11/03/2017)

11/07/2017

25 Affidavit of Terrance Moore filed by Plaintiffs Dixie Moore, Terrance Moore re: 13 Motion for
Summary Judgment. (Pagel, Briane) (Entered: 11/07/2017)

11/16/2017

26 Brief in Reply by Defendant Wells Fargo Home Mortgage in Support of 13 Motion for Summary
Judgment. (Piotrowski, Ericka) Modified on 11/16/2017. (lak) (Entered: 11/16/2017)

11/16/2017

27 Reply in Support of Proposed Findings of Fact filed by Defendant Wells Fargo Home Mortgage re:
13 Motion for Summary Judgment and Response to Plaintiffs' Additional Proposed Findings of
Fact. (Piotrowski, Ericka) (Entered: 11/16/2017)

11/16/2017

28 Supplemental Affidavit of Ericka C. Piotrowski filed by Defendant Wells Fargo Home Mortgage re:
13 Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 - State Court Complaint (Foreclosure),
# 2 Exhibit 2 - State Court Answer (Moore),
# 3 Exhibit 3 - State Court Affidavit in Support of Summary Judgment (Foreclosure),
# 4 Exhibit 4 - State Court Judgment (Foreclosure),
# 5 Exhibit 5 - Moore Hardship Letters,
# 6 Exhibit 6 - Escrow Disclosure Statement,
# 7 Exhibit 7 - State Court Petition for Dismissal,
# 8 Exhibit 8 - State Court Petition and Order to Vacate Dismissal,
# 9 Exhibit 9 - Warranty Deed (Moore)) (Piotrowski, Ericka) Modified on 11/16/2017. (lak)
(Entered: 11/16/2017)

02/14/2018

29 ** TEXT ONLY ORDER **
In light of the court's intent to enter summary judgment in defendant's favor by the end of the week,
all pre-trial submission deadlines and the trial date are STRUCK. Signed by District Judge William
M. Conley on 2/14/2018. (jls) (Entered: 02/14/2018)

02/15/2018

30 OPINION AND ORDER granting 13 Defendant Wells Fargo Home Mortgage's Motion for
Summary Judgment. Signed by District Judge William M. Conley on 2/15/18. (jat) (Entered:
02/15/2018)

02/15/2018

31 JUDGMENT entered in favor of Defendant Wells Fargo Home Mortgage dismissing the case. (jat)
(Entered: 02/15/2018)

03/13/2018

32 NOTICE OF APPEAL by Plaintiffs Dixie Moore, Terrance Moore as to 31 Judgment. Filing fee of
$ 505, receipt number 0758-2209060 paid. Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Pagel, Briane) Modified on 3/13/2018. (lak) (Entered: 03/13/2018)

03/13/2018

33 Appeal Information Packet. (lak) (Entered: 03/13/2018)