Opinion
Civil Action No. 13-cv-00084-REB-MJW
04-09-2013
MICHAEL R. McKINSEY and DEBORAH E. McKINSEY, 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, Defendant(s).
Pro Se Pro Se Karen L. Brody Arthur A. B. Trezise
Magistrate Judge Michael J. Watanabe
FTR - Courtroom A-502
Courtroom Deputy, Ellen E. Miller
Counsel
Pro Se
Pro Se
Karen L. Brody
Arthur A. B. Trezise
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 A-502, 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 (303) 825-6119 or Toll Free 1-800-962-3345.