Judge 
Party 
Law Firm GRAVES v. WELLS FARGO BANK N.A.
1:14-cv-00398 | North Carolina Middle District Court
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Division
NCMD
Judge
JUDGE CATHERINE C. EAGLES
Filed
May 15, 2014
Terminated
June 16, 2016
Case Flags
18BB,
CLOSED,
MASTER,
and
MEDIATION
Magistrate
MAG/JUDGE L. PATRICK AULD
Nature of Suit
220 Foreclosure
Cause
28:1441 Notice of Removal-Foreclosure
Jury Demand
Both
Last Updated: 5 years, 4 months ago
Show Interactive Timeline
| Filing Date | # | Docket Text |
|---|---|---|
| 6/2/2016 | 61 | ORDER AND JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 06/02/2016; that the defendant's motion for summary judgment, (Doc. 56 ), is GRANTED and the case is DISMISSED with prejudice. (Garland, Leah) (Entered: 06/02/2016) |
| 6/2/2016 | Motions Submitted: 56 MOTION for Summary Judgment to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 06/02/2016) | |
| 4/21/2016 | 60 | Roseboro Letter as to Plaintiff MICHAEL GRAVES. Right to Respond to pleading no. 56 MOTION for Summary Judgment (Taylor, Abby) (Entered: 04/21/2016) |
| 4/20/2016 | 59 | BRIEF in Support of 56 MOTION for Summary Judgment filed by WELLS FARGO BANK, N.A. (Attachments: # 1 Exhibit A - Deposition of Michael Graves)(WHERRY, TRAVIS) Modified on 4/21/2016 to properly set out pleading and remove unnecessary deadlines. (Garland, Leah) (Entered: 04/20/2016) |
| 4/20/2016 | 58 | AFFIDAVIT in Support re 56 MOTION for Summary Judgment filed by WELLS FARGO BANK, N.A.. Replies due by 5/9/2016. (Attachments: # 1 Exhibit A - 08-28-2012 Letter, # 2 Exhibit B - 11-08-2012 Letter, # 3 Exhibit C - 11-16-2012 Letter, # 4 Exhibit D - 12-12-2012 Letter, # 5 Exhibit E - 05-10-2013 Letter, # 6 Exhibit F - 06-07-2013 Letter)(WHERRY, TRAVIS) (Entered: 04/20/2016) |
| 4/20/2016 | 57 | AFFIDAVIT in Support re 56 MOTION for Summary Judgment filed by WELLS FARGO BANK, N.A.. Replies due by 5/9/2016. (Attachments: # 1 Exhibit A - Plaintiff's Answer to Defendant's First Set of Discovery Requests, # 2 Exhibit B - Order to Allow Foreclosure Sale, # 3 Exhibit C - Report of Foreclosure Sale)(WHERRY, TRAVIS) (Entered: 04/20/2016) |
| 4/20/2016 | 56 | MOTION for Summary Judgment by WELLS FARGO BANK, N.A.. Responses due by 5/23/2016 (WHERRY, TRAVIS) (Main Document 56 replaced on 4/20/2016) (Garland, Leah). (Entered: 04/20/2016) |
| 4/4/2016 | 55 | NOTICE of Intent to File Dispositive Motions by Defendant WELLS FARGO BANK, N.A. (WHERRY, TRAVIS) (Entered: 04/04/2016) |
| 2/29/2016 | ORAL ORDER by MAG/JUDGE L. PATRICK AULD on 2/29/2016 finding as moot 52 Motion to Compel as to production of records and denied as to reasonable attorney fees; granting 53 Motion to Withdraw as Attorney. Attorney MATTHEW P. CERADINI terminated. See 2/29/2016 minute entry (Winchester, Robin) (Entered: 02/29/2016) | |
| 2/29/2016 | Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Motion Hearing held on 2/29/2016 re 52 MOTION to Compel Discovery filed by WELLS FARGO BANK, N.A., 53 MOTION to Withdraw as Attorney MATTHEW P. CERADINI filed by MICHAEL GRAVES. Attorney Matthew Ceradini and Plaintiff Michael Graves appeared. Attorneys Michael Montecalvo and Travis Wherry appeared as counsel for the defendant. For reasons stated on the record the court grants 53 Motion to Withdraw and as to 52 Motion to Compel the court finds that it is moot as to the production of the records and denied as to reasonable attorney fees. Defendant may file another Motion to Compel, if the parties are unable to resolve the matter, based on the inadequacy of the response along with a brief. (Proceedings Recorded.) (Winchester, Robin) (Entered: 02/29/2016) | |
| 2/11/2016 | Set Deadlines/Hearings: Motion Hearing set for 2/29/2016 10:00 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD re: 52 Motion to Compel and 53 Motion to Withdraw Attorney (Williamson, Wanda) (Entered: 02/11/2016) | |
| 2/11/2016 | Set Motion Hearing for 2/29/2016 at 10:00 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Taylor, Abby) (Entered: 02/11/2016) | |
| 2/11/2016 | TEXT ORDER setting a hearing on 52 Motion to Compel and 53 Motion to Withdraw for 10 AM on 02/29/2016 in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina. Plaintiff, Plaintiff's counsel, and Defendant's counsel shall appear at the hearing. Plaintiff's counsel shall take reasonable steps to assure Plaintiff's appearance. Failure to appear as directed may result in case-dispositive sanctions. Issued by MAG/JUDGE L. PATRICK AULD on 02/11/2016. (AULD, L.) (Entered: 02/11/2016) | |
| 2/11/2016 | Motions Referred: RE: 52 MOTION to Compel Discovery, 53 MOTION to Withdraw as Attorney MATTHEW P. CERADINI , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) (Entered: 02/11/2016) | |
| 1/27/2016 | 54 | CERTIFICATE OF SERVICE by MICHAEL GRAVES re 53 MOTION to Withdraw as Attorney MATTHEW P. CERADINI Amended (CERADINI, MATTHEW) (Entered: 01/27/2016) |
| 1/27/2016 | Motions No Longer Submitted to JUDGE CATHERINE C. EAGLES 53 MOTION to Withdraw as Attorney MATTHEW P. CERADINI (Sanders, Marlene) (Entered: 01/27/2016) | |
| 1/27/2016 | Motions Submitted: 53 MOTION to Withdraw as Attorney MATTHEW P. CERADINI to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 01/27/2016) | |
| 1/25/2016 | 53 | MOTION to Withdraw as Attorney MATTHEW P. CERADINI by on behalf of MICHAEL GRAVES. (Attachments: # 1 Exhibit)(CERADINI, MATTHEW) (Entered: 01/25/2016) |
| 1/15/2016 | 52 | MOTION to Compel Discovery by WELLS FARGO BANK, N.A.. Responses due by 2/8/2016 (Attachments: # 1 Exhibit A - Defendant's First Discovery Requests, # 2 Exhibit B - October 23, 2015 Email from Plaintiff's Counsel, # 3 Exhibit C - October 23, 2015 Email from Defendant's Counsel, # 4 Exhibit D - December 9, 2015 Email from Plaintiff's Counsel, # 5 Exhibit E - January 7, 2016 Email from Plaintiff's Counsel, # 6 Exhibit F - Plaintiff's Ex Parte Motion and TRO, # 7 Exhibit G - January 14, 2016 Email from Plaintiff's Counsel (redacted), # 8 Exhibit H - January 15, 2016 Email from Plaintiff's Counsel (redacted))(WHERRY, TRAVIS) (Entered: 01/15/2016) |
| 11/20/2015 | 51 | NOTICE of Hearing: Master Trial Calendar: Jury Trial set for 1/9/2017 at 9:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. (Sanders, Marlene) (Entered: 11/20/2015) |
| 11/18/2015 | 50 | ORDER signed by JUDGE CATHERINE C. EAGLES on 11/18/2015. This matter is before the Court on the plaintiff's motion for temporary restraining order and preliminary injunction. (Doc. 48 .) Because the motion is patently without merit, there is no need to require a response from the defendant. The motion will be denied. Plaintiff and plaintiff's counsel are reminded of the provisions of Rule 11 of the Federal Rules of Civil Procedure and are warned that any future motions or briefs raising arguments with similar lack of merit will be examined to see if sanctions are appropriate. It is ORDERED that the motion for temporary restraining order and preliminary injunction, (Doc. 48 ), is DENIED. (Taylor, Abby) (Entered: 11/18/2015) |
| 11/18/2015 | Motions Submitted: 48 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 11/18/2015) | |
| 11/17/2015 | 49 | MEMORANDUM filed by Plaintiff MICHAEL GRAVES re 48 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MICHAEL GRAVES. (Attachments: # 1 Exhibit A - Affidavit of Michael J. Graves, # 2 Exhibit B - Alamance County Tax Records)(CERADINI, MATTHEW) (Entered: 11/17/2015) |
| 11/17/2015 | 48 | MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by MICHAEL GRAVES. Responses due by 12/11/2015 (Attachments: # 1 Affidavit of Michael J. Graves)(CERADINI, MATTHEW) (Entered: 11/17/2015) |
| 9/30/2015 | 47 | ORDER Appointing PETER M. MCHUGH as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) (Entered: 09/30/2015) |
| 9/24/2015 | MEDIATION SCHEDULING ORDER ; Mediation due by 1/21/2016. (Gammon, Cheryl) (Entered: 09/24/2015) | |
| 9/24/2015 | CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. (Gammon, Cheryl) (Entered: 09/24/2015) | |
| 9/23/2015 | Set Scheduling Order Deadlines: Plaintiff's Amended Pleadings due by 9/30/2015. Defendant's Amended Pleadings due by 9/30/2015. Discovery due by 3/21/2016. Joinder of Parties for Plaintiff due by 9/30/2015. Joinder of Parties for Defendant due by 9/30/2015. Discovery shall be placed on a case-management track designated as "Complex". Parties agree that the mediator shall be Peter McHugh. Parties have not consented to reference of this case to a Magistrate Judge or appointment of a master. Trial is expected to take 3 days. A jury trial has been demanded.(Taylor, Abby) (Entered: 09/23/2015) | |
| 9/23/2015 | TEXT ORDER adopting 39 SECOND RULE 26F (JOINT) REPORT with the following clarifications: 1) the parties shall complete discovery by 03/21/2016; and 2) the parties shall file any motion seeking leave to amend pleadings or to add parties by 09/30/2015. Issued by MAG/JUDGE L. PATRICK AULD on 09/23/2015. (AULD, L.) (Entered: 09/23/2015) | |
| 9/22/2015 | Motions Referred: RE: 39 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) (Entered: 09/22/2015) | |
| 9/21/2015 | 46 | ORDER signed by JUDGE CATHERINE C. EAGLES on 09/21/2015; that the motion for judgment on the pleadings, (Doc. 40 ), is GRANTED as to the wrongful foreclosure claim and is GRANTED in part and DENIED in part as to the Chapter 75 claim, as follows: The claim set forth in Paragraph 47(c) of the Second Amended Complaint may proceed and all other aspects of the Chapter 75 claim in Paragraph 47 are dismissed. (Garland, Leah) (Entered: 09/21/2015) |
| 9/14/2015 | Motions Submitted: 40 MOTION for Judgment on the Pleadings to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 09/14/2015) | |
| 9/11/2015 | 45 | Reply BRIEF re 44 Brief, 43 Response to Motion by Defendant WELLS FARGO BANK, N.A. filed by WELLS FARGO BANK, N.A.. (WHERRY, TRAVIS) (Entered: 09/11/2015) |
| 8/24/2015 | 44 | Plaintiff's BRIEF re 43 Response to Motion for Judgment on the Pleadings. (Attachments: # 1 Exhibit Ex. A - Brock&Scott Demand Letter, # 2 Exhibit Ex. B - Order To Allow Foreclosure Sale, # 3 Exhibit Ex. C - Report of Foreclosure Sale, # 4 Exhibit Ex. D - 12 C.F.R. 1024.41)(CERADINI, MATTHEW) (Entered: 08/24/2015) |
| 8/24/2015 | 43 | RESPONSE filed by Plaintiff MICHAEL GRAVES re 40 MOTION for Judgment on the Pleadings filed by WELLS FARGO BANK, N.A. filed by MICHAEL GRAVES. Replies due by 9/11/2015. (CERADINI, MATTHEW) (Entered: 08/24/2015) |
| 8/24/2015 | 42 | NOTICE by MICHAEL GRAVES Rule 26(a)(1) Intial Disclosures (CERADINI, MATTHEW) (Entered: 08/24/2015) |
| 8/6/2015 | 41 | BRIEF re 40 MOTION for Judgment on the Pleadings by Defendant WELLS FARGO BANK, N.A. filed by WELLS FARGO BANK, N.A.. (Attachments: # 1 Exhibit A - Order to Allow Foreclosure Sale, # 2 Exhibit B - Report of Foreclosure Sale, # 3 Exhibit C - Rule 60 Motion, # 4 Exhibit D - Foreclosure Order)(WHERRY, TRAVIS) (Entered: 08/06/2015) |
| 8/6/2015 | 40 | MOTION for Judgment on the Pleadings by WELLS FARGO BANK, N.A.. Responses due by 8/31/2015 (WHERRY, TRAVIS) (Entered: 08/06/2015) |
| 8/3/2015 | Set Defendant's Dispositive Motion Deadlines: Defendant's Dispositive Motion due by 8/17/2015. (Taylor, Abby) (Entered: 08/04/2015) | |
| 8/3/2015 | TEXT ORDER deferring ruling on 39 Second Joint Rule 26(f) Report. Defendant shall file any motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) by 08/17/2015. If Defendant has not filed any such motion by that date, the Clerk shall refer this case back to the issuing Magistrate Judge for entry of a scheduling order. If Defendant files any such motion by that date, the setting of a scheduling order (if necessary) shall await resolution of any such motion. Issued by MAG/JUDGE L. PATRICK AULD on 08/03/2015. (AULD, L.) (Entered: 08/03/2015) | |
| 7/24/2015 | 39 | STATUS REPORT , Second Joint Rule 26(f) by MICHAEL GRAVES. (CERADINI, MATTHEW) Modified on 7/29/2015 to correct event used (Garrett, Kim). (Entered: 07/24/2015) |
| 7/10/2015 | CASE REFERRED RE: Compliance with Text Order entered 5/26/15 to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) (Entered: 07/10/2015) | |
| 7/9/2015 | 38 | Defendant's ANSWER to Second Amended Complaint with Jury Demand by WELLS FARGO BANK, N.A. re 37 Second AMENDED COMPLAINT by MICHAEL GRAVES (Attachments: # 1 Exhibit Note, # 2 Exhibit Deed of Trust, # 3 Exhibit Loan Modification Agreement, # 4 Exhibit Dismissal, # 5 Exhibit Order)(WHERRY, TRAVIS) Modified on 7/9/2015 to link answer to Second Amended Complaint (Taylor, Abby). (Entered: 07/09/2015) |
| 6/19/2015 | 37 | Second AMENDED COMPLAINT by MICHAEL GRAVES. Second Amended Complaint. (CERADINI, MATTHEW) Modified on 6/19/2015 (Taylor, Abby). (Entered: 06/19/2015) |
| 6/19/2015 | NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 36 Amended Complaint,. Electronic signature /s/ is missing from signature page as well as the date filed. Certificate of Service is not attached. Refile Second Amended Complaint with /s/ signature and date filed and include a Certificate of Service. (Taylor, Abby) (Entered: 06/19/2015) | |
| 6/11/2015 | Set/Amended Complaint Deadline: Amended Complaint due by 6/19/2015. (Taylor, Abby) (Entered: 06/11/2015) | |
| 6/11/2015 | 35 | ORDER signed by JUDGE CATHERINE C. EAGLES on 06/11/2015, that the plaintiff's second motion to amend the complaint, (Doc. 28 ), is GRANTED, and the motion for joinder and remand, (Doc. 31 ), is DENIED. Mr. Graves shall file the amended complaint within five business days. (Taylor, Abby) (Entered: 06/11/2015) |
| 5/26/2015 | TEXT ORDER deferring ruling on 30 RULE 26F (JOINT) REPORT in light of 34 Status Report and requiring the parties to file another status report within seven days of any ruling on the pending motions by the assigned District Judge. Said status report shall set forth the position of the parties about the need for any updates to 30 Report. The Clerk shall refer this matter back to the issuing Magistrate Judge upon the filing of such status report or the running of the time for such action. Issued by MAG/JUDGE L. PATRICK AULD on 05/26/2015. (AULD, L.) (Entered: 05/26/2015) | |
| 5/25/2015 | 34 | STATUS REPORT Joint Rule 26(f) by MICHAEL GRAVES. (CERADINI, MATTHEW) (Entered: 05/25/2015) |
| 5/5/2015 | Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference re: 28 and 31 held on 5/5/2015. Matthew P. Ceradini present as counsel for plaintiff and Michael Montecalvo and Travis Wherry present as counsel for defendant. Court take matter under advisement. (Court Reporter Jane Calhoun.) (Sanders, Marlene) (Entered: 05/05/2015) | |
| 4/24/2015 | Set Hearings: Telephone Conference set for 5/5/2015 at 2:00 PM with JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 04/24/2015) | |
| 4/24/2015 | Electronic Notice to all counsel of record on 4/24/2015 regarding telephone conference set for 5/5/15 at 2:00 p.m. (Sanders, Marlene) (Entered: 04/24/2015) | |
| 4/17/2015 | Motions Submitted: 31 MOTION for Joinder of Brock & Scott, PLLC MOTION to Remand to State Court pursuant to 28 U.S.C. 1447(e), 28 Second MOTION to Amend Complaint to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 04/17/2015) | |
| 3/30/2015 | 33 | RESPONSE in Opposition re 32 Memorandum, 31 MOTION for Joinder of Brock & Scott, PLLC MOTION to Remand to State Court pursuant to 28 U.S.C. 1447(e) filed by WELLS FARGO BANK, N.A.. Replies due by 4/16/2015. (Attachments: # 1 Exhibit Motion for Relief from Order Allowing Foreclosure Sale, # 2 Exhibit Order dated August 24, 2014, # 3 Exhibit Order dated January 15, 2015)(WHERRY, TRAVIS) (Entered: 03/30/2015) |
| 3/5/2015 | 32 | MEMORANDUM filed by Plaintiff MICHAEL GRAVES re 31 MOTION for Joinder of Brock & Scott, PLLC MOTION to Remand to State Court pursuant to 28 U.S.C. 1447(e) filed by MICHAEL GRAVES. (CERADINI, MATTHEW) (Entered: 03/05/2015) |
| 3/5/2015 | 31 | MOTION for Joinder of Brock & Scott, PLLC, MOTION to Remand to State Court pursuant to 28 U.S.C. 1447(e) by MICHAEL GRAVES. Responses due by 3/30/2015 (CERADINI, MATTHEW) (Entered: 03/05/2015) |
| 2/20/2015 | TEXT ORDER deferring ruling on 30 RULE 26F (JOINT) REPORT and requiring the parties to file a status report on or before 05/20/2015, regarding issues identified in 30 Joint Report that may impact the establishment of an appropriate Scheduling Order in this case, including service of process on the unserved Defendant, pending litigation regarding amendment of the pleadings, and anticipated litigation about the sufficiency of the pleadings. The Clerk shall refer this matter back to the issuing Magistrate Judge upon the filing of such status report or any other development in the case that warrants action on 30 Joint Report. Issued by MAG/JUDGE L. PATRICK AULD on 02/20/2015. (AULD, L.) (Entered: 02/20/2015) | |
| 2/20/2015 | Motions Referred: RE: 30 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) (Entered: 02/20/2015) | |
| 2/19/2015 | 30 | ***Terminated***Rule 26(f) Report (Joint) filed by all parties by WELLS FARGO BANK, N.A.(MONTECALVO, MICHAEL) see 39 Joint Rule 26(f) Report. Modified on 7/29/2015 to terminate document (Garrett, Kim). (Entered: 02/19/2015) |
| 2/13/2015 | 29 | Defendant Wells Fargo Bank, N.A.'s ANSWER to Amended Complaint by WELLS FARGO BANK, N.A.. (Attachments: # 1 Exhibit Deed of Trust, # 2 Exhibit Order)(WHERRY, TRAVIS) (Entered: 02/13/2015) |
| 2/12/2015 | 28 | Second MOTION to Amend Complaint by MICHAEL GRAVES. Responses due by 3/9/2015 (Attachments: # 1 Exhibit A - 2nd Amended Complaint with Exhibits)(CERADINI, MATTHEW) (Entered: 02/12/2015) |
| 2/12/2015 | 27 | First AMENDED COMPLAINT against All Defendants, filed by MICHAEL GRAVES. (Attachments: # 1 Exhibit A - Promissory Note, # 2 Exhibit B - Deed of Trust, # 3 Exhibit C - Mod. Agrmnt., # 4 Exhibit D - Dismissal 08-SP-285, # 5 Exhibit E - DOJ Press Release, # 6 Exhibit G - U.S. et al., v. Bank of America et al., Complaint, # 7 Exhibit H - U.S. et al., v. Bank of America et al., Consent Judgment, # 8 Exhibit I - Dollen et al., v. Wells Fargo Bank et al., Letter Decision, # 9 Exhibit J - In re Jones, Memo. Opinion)(CERADINI, MATTHEW) (Entered: 02/12/2015) |
| 2/2/2015 | 26 | NOTICE of Appearance by attorney MATTHEW P. CERADINI on behalf of Plaintiff MICHAEL GRAVES (CERADINI, MATTHEW) (Entered: 02/02/2015) |
| 1/5/2015 | 25 | NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/23/2015 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) (Entered: 01/05/2015) |
| 11/19/2014 | 24 | ORDER signed by JUDGE CATHERINE C. EAGLES on 11/19/2014, that:1. The plaintiff's amended motion to amend, (Doc. 21 ), is GRANTED in part, and the plaintiff's claims in the proposed amended complaint, (Doc. 21 -1), against Wells Fargo for wrongful foreclosure and unfair or deceptive trade practices and against Brock & Scott may proceed. 2. The plaintiff's amended motion to amend, (Doc. 21 ), is DENIED in part, and the plaintiff's remaining claims in the proposed amended complaint, (Doc. 21 -1), may not be added because the amendments would be futile. 3. The defendant's motion to dismiss, (Doc. 9 ), is GRANTED in part, and the plaintiff's claims for breach of contract and "contractual bad faith" are dismissed. 4. The defendant's motion to dismiss, (Doc. 9 ), is DENIED in part as moot and without prejudice, as to the plaintiff's claims for wrongful foreclosure and unfair or deceptive trade practices. (Taylor, Abby) (Entered: 11/19/2014) |
| 10/31/2014 | Motions Submitted: 21 MOTION to Amend/Correct 2 Complaint, 20 MOTION to Amend 2 Complaint to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 10/31/2014) | |
| 10/31/2014 | 23 | REPLY, filed by Plaintiff MICHAEL GRAVES, to Response to 21 MOTION to Amend/Correct 2 Complaint filed by MICHAEL GRAVES. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Taylor, Abby) (Entered: 10/31/2014) |
| 10/14/2014 | 22 | RESPONSE in Opposition re 21 MOTION to Amend/Correct 2 Complaint, 20 MOTION to Amend 2 Complaint filed by WELLS FARGO BANK, N.A.. Replies due by 10/31/2014. (Attachments: # 1 Exhibit Notice of Postponement)(WHERRY, TRAVIS) (Entered: 10/14/2014) |
| 9/23/2014 | 21 | AMENDED MOTION to Amend 2 Complaint by MICHAEL GRAVES. Responses due by 10/17/2014 (Attachments: # 1 Amended Complaint)(Taylor, Abby) (Entered: 09/23/2014) |
| 9/17/2014 | 20 | MOTION to Amend 2 Complaint by MICHAEL GRAVES. Responses due by 10/14/2014. (Attachments: # 1 Amended Complaint, # 2 Additional attachments, # 3 Additional attachments, # 4 Additional attachments, # 5 Additional attachments, # 6 Additional attachments, # 7 Additional attachments, # 8 Additional attachments, # 9 Additional attachments)(Taylor, Abby) (Entered: 09/17/2014) |
| 9/16/2014 | 19 | CERTIFICATE OF SERVICE by WELLS FARGO BANK, N.A. re 18 Additional Attachments to Main Document Exhibit B Deed of Trust (WHERRY, TRAVIS) (Entered: 09/16/2014) |
| 9/16/2014 | 18 | Additional Attachments to Main Document 10 BRIEF re Order, . (Attachments: # 1 Exhibit Deed of Trust)(WHERRY, TRAVIS) (Entered: 09/16/2014) |
| 9/15/2014 | TEXT ORDER: The Court is unable to read large parts of the Deed of Trust filed by the defendant as Exhibit B to its Brief in Support of Motion to Dismiss (Doc. 10-2.) ECF pages 8-12 and page 14 are particular problems, even when magnified. The defendant is directed to file a legible copy no later than September 22, 2014. Signed by JUDGE CATHERINE C. EAGLES on September 15, 2014. (EAGLES, CATHERINE) (Entered: 09/15/2014) | |
| 9/12/2014 | Motions Submitted: 9 MOTION to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 09/12/2014) | |
| 9/11/2014 | 17 | REPLY, filed by Defendant WELLS FARGO BANK, N.A., to Response to 9 MOTION to Dismiss filed by WELLS FARGO BANK, N.A.. (Attachments: # 1 Exhibit)(WHERRY, TRAVIS) (Entered: 09/11/2014) |
| 8/25/2014 | 16 | RESPONSE in Opposition re 9 MOTION to Dismiss filed by MICHAEL GRAVES. Replies due by 9/11/2014. (Taylor, Abby) (Entered: 08/25/2014) |
| 8/1/2014 | 15 | Roseboro Letter as to Plaintiff MICHAEL GRAVES. Right to Respond to the Motion to Dismiss. (Taylor, Abby) (Entered: 08/01/2014) |
| 8/1/2014 | 14 | MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 08/01/2014, that Plaintiff's Letter Motion (Docket Entry 12 ) and Plaintiff's Motion to Extend Time (Docket Entry 13 ) are DENIED. FURTHER that the Clerk shall update the Docket to reflect that Plaintiff proceeds pro se with a service address of 2012 Sunnybrook Drive, Burlington, North Carolina 27215. FURTHER that the Clerk shall mail Plaintiff a copy of this Memorandum Opinion and Order, as well as a Notice pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), affording him until August 25, 2014, to file a pro se response to Defendant's Motion to Dismiss (Docket Entry 9 ).(Taylor, Abby) (Entered: 08/01/2014) |
| 7/28/2014 | Motions Referred: RE: 13 MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) (Entered: 07/28/2014) | |
| 7/28/2014 | 13 | MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss by MICHAEL GRAVES. (Attachments: # 1 proposed order)(Taylor, Abby) (Entered: 07/28/2014) |
| 7/25/2014 | Motions Referred: RE: 12 MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) (Entered: 07/25/2014) | |
| 7/25/2014 | Electronic Notice on 7/25/2014 with defense counsel indicating opposition to 12 . (Sanders, Marlene) (Entered: 07/25/2014) | |
| 7/25/2014 | 12 | LETTER/MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss by MICHAEL GRAVES. (Attachments: # 1 Envelope)(Taylor, Abby) (Entered: 07/25/2014) |
| 7/16/2014 | 11 | NOTICE/Letter to Attorney Bryan Ray, counsel for plaintiff regarding failure to file a response to Motion to Dismiss 9 filed 6/12/14. (Sanders, Marlene) (Entered: 07/16/2014) |
| 6/12/2014 | 10 | BRIEF re 9 MOTION to Dismiss by Defendant WELLS FARGO BANK, N.A. filed by WELLS FARGO BANK, N.A.. (Attachments: # 1 Exhibit Adjustable Rate Note, # 2 Exhibit Deed of Trust, # 3 Exhibit Order to Allow Foreclosure Sale, # 4 Exhibit Report of Foreclosure Sale/Resale, # 5 Exhibit Final Report and Account of Foreclosure Sale, # 6 Exhibit Writ of Possession)(WHERRY, TRAVIS) (Entered: 06/12/2014) |
| 6/12/2014 | 9 | MOTION to Dismiss by WELLS FARGO BANK, N.A.. Responses due by 7/7/2014 (WHERRY, TRAVIS) (Entered: 06/12/2014) |
| 5/27/2014 | TEXT ORDER granting 7 Consent Motion to Withdraw and Substitute Counsel. The Clerk shall terminate Alexander Covington, A. Jordan Sykes, and McGuire Woods, LLP as counsel of record for Defendant and shall substitute Michael Montecalvo, Travis Wherry, and Womble Carlyle Sandridge & Rice, LLP as new counsel of record for Defendant. Issued by MAG/JUDGE L. PATRICK AULD on 05/27/2014. (AULD, L.) (Entered: 05/27/2014) | |
| 5/27/2014 | 8 | ECF 30 Day Notice as to Attorney BRYAN RAY. (Taylor, Abby) (Entered: 05/27/2014) |
| 5/23/2014 | Motions Referred: RE: 7 Consent MOTION to Withdraw and Substitute Counsel, to MAG/JUDGE L. PATRICK AULD (Williamson, Wanda) (Entered: 05/23/2014) | |
| 5/22/2014 | 7 | Consent MOTION to Withdraw and Substitute Counsel by WELLS FARGO BANK N.A.. (Attachments: # 1 Text of Proposed Order)(MONTECALVO, MICHAEL) (Entered: 05/22/2014) |
| 5/20/2014 | ORDER granting 6 Motion for Extension of Time to Answer for WELLS FARGO BANK N.A. Answer due by 6/12/2014. Signed by John Brubaker, Clerk of Court, on 5/20/2014. (Brubaker, John) (Entered: 05/20/2014) | |
| 5/20/2014 | 6 | MOTION for Extension of Time to File Answer re 2 Complaint by WELLS FARGO BANK N.A.. (Attachments: # 1 Text of Proposed Order)(COVINGTON, ALEXANDER) (Entered: 05/20/2014) |
| 5/19/2014 | 5 | Corporate Disclosure Statement by WELLS FARGO BANK N.A. identifying Corporate Parent WELLS FARGO & COMPANY for WELLS FARGO BANK N.A... (COVINGTON, ALEXANDER) (Entered: 05/19/2014) |
| 5/16/2014 | 4 | Notice of Right to Consent. (Garland, Leah) (Entered: 05/16/2014) |
| 5/16/2014 | 3 | Summons Issued as to WELLS FARGO BANK N.A. (State Court document filed in Alamance County Superior Court, case number 14CVS688, issued 4/11/2014, listed as Exhibit A to the Petition for Removal) (Garland, Leah) (Entered: 05/16/2014) |
| 5/16/2014 | 2 | COMPLAINT against WELLS FARGO BANK N.A., filed by MICHAEL GRAVES. (State Court document filed in Alamance County Superior Court, case number 14CVS688, listed as Exhibit A to the Petition for Removal) (Garland, Leah) (Entered: 05/16/2014) |
| 5/15/2014 | 1 | PETITION FOR REMOVAL from SUPERIOR COURT ALAMANCE COUNTY, case number 14CVS000688. Filing fee $ 400 receipt number 0418-1513306, filed by WELLS FARGO BANK N.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 WELLS FARGO DISCLOSURE OF CORPORATE AFFILIATIONS AND OTHER ENTITIES WITH A DIRECT FINANCIAL INTEREST IN LITIGATION, # 5 Civil Cover Sheet)(COVINGTON, ALEXANDER) Modified on 5/16/2014 to properly label Exhibits as per the cover sheets. (Garland, Leah) (Entered: 05/15/2014) |
