Case Details

CourtEastern District of Arkansas
Docket number4:01-cv-00442
Date case filed2001-07-09
Date case closed2004-02-25
Date of latest filing
Assigned toJudge Billy Roy Wilson
Case cause28:1332 Diversity-Contract Dispute
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Pam Hernandez
Party type: Plaintiff
Attorney name: R. David Lewis
Attorney Contact:
Attorney at Law
1109 Kavanaugh
Little Rock, AR 72205
(501) 664-0818
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Anthony Hernandez
Party type: Plaintiff
Attorney name: R. David Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Jessica Hernandez
Party type: Plaintiff
Attorney name: R. David Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Daniel Hernandez
Party type: Plaintiff
Attorney name: R. David Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Fleet Mortgage Group Inc
Party type: Defendant
TERMINATED: 07/17/2001
Party: Fleet Mortgage Corporation
Party type: Defendant
Attorney name: A. J. Kelly
Attorney Contact:
Kelly Law Firm
Post Office Box 251570
Little Rock, AR 72225-1570
501-374-0400
Email: [email protected]
TERMINATED: 04/26/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J. Leon Johnson
Attorney Contact:
Pulaski County Circuit Court
Pulaski County Courthouse
401 West Markham Street
Little Rock, AR 72201-1417
Email: [email protected]
TERMINATED: 01/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Martin Wayne Bowen
Attorney Contact:
Bowen Law Firm, PLLC
Post Office Box 7273
Little Rock, AR 72217
501-614-3800
Fax: 501-614-3804
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michelle Hill Cauley
Attorney Contact:
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
425 West Capitol Avenue
Suite 1800
Little Rock, AR 72201
501-688-8895
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: First Preston Management Inc
Party type: Defendant
TERMINATED: 02/25/2004
Attorney name: Orin Eddy Montgomery
Attorney Contact:
Montgomery, Adams & Wyatt, PLC
308 East 8th Street
Little Rock, AR 72202
501-371-9816
Fax: 501-375-7943
Email: [email protected]
TERMINATED: 02/25/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Fleet Mortgage Corporation
Party type: Cross Claimant
TERMINATED: 11/02/2001
Attorney name: A. J. Kelly
Attorney Contact:
(See above for address)
TERMINATED: 04/26/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J. Leon Johnson
Attorney Contact:
(See above for address)
TERMINATED: 01/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Martin Wayne Bowen
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michelle Hill Cauley
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patrick J. Benca
Attorney Contact:
Benca & Benca
1311 Broadway
Little Rock, AR 72202
501-353-0024
Email: [email protected]
TERMINATED: 04/26/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Department of Housing and Urban Development
Party type: Cross Defendant
TERMINATED: 11/02/2001

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12001-07-09 COMPLAINT, summons issued and returned to attorney, filing fee of $150.00 paid, receipt #96608 (tjj) (Entered: 07/10/2001)
22001-07-17 AMENDED complaint [1-1] by plaintiffs; terminating Fleet Mortgage Group; adding Fleet Mortgage Corp (former empl) Modified on 09/13/2001 (Entered: 07/18/2001)
32001-07-26 RETURN OF SERVICE executed upon defendant Fleet Mortgage Corp on 7/18/01 (bmt) Modified on 09/13/2001 (Entered: 07/27/2001)
42001-08-06 MOTION by Fleet Mortgage Corp for more definite statement (former empl) Modified on 09/13/2002 (Entered: 08/07/2001)
52001-08-13 RESPONSE by plaintiff to motion for more definite statement [4-1] (former empl) (Entered: 08/14/2001)
62001-08-13 MOTION by plaintiff to amend complt (former empl) (Entered: 08/14/2001)
72001-08-15 INITIAL SCHEDULING ORDER (DOC) Rule 26(f) Conference set for 10/15/01; Court trial set for 9:00 a.m. 7/22/02 in Little Rock; Rule 26(f) report due 10/29/01; Rule 16(b) conference set for 11/5/01 (cc: all counsel) (maj) (Entered: 08/15/2001)
82001-08-23 CROSSCLAIM by Fleet Mortgage Corp; adding HUD (former empl) Modified on 09/13/2001 (Entered: 08/24/2001)
92001-08-24 ORDER by Judge William R. Wilson granting pltfs motion to amend complt [6-1]; denying defts motion for more definite statement [4-1]; the Clerk is directed to file the Amended Complaint & send a copy of this Order & the Amended Complaint to all parties of record; if deft believes the Second Amended Complaint does not moot its Rule 9 motion, it can renew the mot (cc: all counsel) (former empl) (Entered: 08/26/2001)
102001-08-24 AMENDED complaint [2-1] [1-1] by pltfs; jury demand (former empl) (Entered: 08/26/2001)
112001-10-22 MOTION by Fleet Mortgage to non-suit (tjj) (Entered: 10/23/2001)
122001-10-29 RULE 26(f) REPORT by plaintiffs and defendant (bmt) (Entered: 10/30/2001)
132001-11-02 ORDER by Judge William R. Wilson granting motion to non-suit [11-1]; Fleet's counter-claim against Department of Housing and Urban Development is dismissed without prejudice (cc: all counsel) (tjj) (Entered: 11/02/2001)
142001-11-14 FINAL SCHEDULING ORDER (DOC) trial set for 9:00 the week of 7/22/02 of Little Rock, AR; discovery due 5/7/02; pretrial info sheet due 6/21/02; jy instr due 10 days prior to trial (cc: all counsel) (former empl) (Entered: 11/15/2001)
152001-11-30 CONSENT ORDER by Judge James M. Moody striking requests for admissions; it is therefore ordered that pltfs requests for admissions be & are hereby stricken from the record, as if they had never been served; this Order is without prej to pltfs' refiling them in the appropriate form; deft is entitled to assume that the requests for admissions were not properly served; this Order does not pertain to or affect the pending requests for production (cc: all counsel) (former empl) (Entered: 12/03/2001)
162001-11-30 AMENDED RULE 26(f) REPORT by plaintiffs (former empl) (Entered: 12/03/2001)
172001-12-24 MOTION by defendant Fleet Mortgage to substitute attorney A J Kelly in place of J. Leon Johnson (former empl) (Entered: 12/26/2001)
182002-01-09 ORDER by Judge William R. Wilson granting motion to substitute attorney A J Kelly in place of J. Leon Johnson for defts [17-1] (cc: all counsel) (former empl) (Entered: 01/09/2002)
192002-03-27 MOTION by defendant to extend time for expert disclosures (former empl) (Entered: 03/28/2002)
202002-04-02 ORDER by Judge William R. Wilson granting motion to extend time for expert disclosures [19-1] to April 8, 2002, nunc pro tunc; deadline for rebuttal is extended to 4/29/02 (cc: all counsel) (former empl) (Entered: 04/02/2002)
212002-04-08 MOTION by defendant to continue trial , or alternatively to exclude pltfs' expert testimony , or alternatively for order to postpone the deadlines for expert witness disclosure reports , and to compel pltfs to provide authorizations for release of medical information (former empl) (Entered: 04/09/2002)
222002-04-08 MEMORANDUM by defendant in support of motion to continue trial [21-1], or alternatively to exclude pltfs' expert testimony [21-2], or alternatively to postpone the deadlines for expert witness disclosure reports [21-3], and to compel pltfs to provide authorizations for release of medical information [21-4] (former empl) (Entered: 04/09/2002)
232002-04-23 MOTION by defendant to substitute attorney Martin W Bowen in place of A. J. Kelly and Patrick J. Benca (former empl) (Entered: 04/24/2002)
242002-04-26 ORDER by Judge William R. Wilson granting motion to substitute attorney Martin W Bowen in place of A. J. Kelly and Patrick J. Benca for deft [23-1] (cc: all counsel) (former empl) (Entered: 04/29/2002)
252002-04-29 RESPONSE by plaintiffs to motion for continuance to exclude witnesses, to extend deadlines and to compel [21-1] [21-2] [21-3] [21-4] (former empl) (Entered: 04/30/2002)
262002-04-30 SCHEDULING ORDER (DOC); jury trial set for 9:00 11/18/02; pretrial info sheet due 10/19/02; discovery due 9/4/02 (cc: all counsel) (former empl) (Entered: 05/01/2002)
272002-07-19 MOTION by deft Fleet Mortgage for partial summary judgment (bsm) (Entered: 07/22/2002)
282002-07-19 BRIEF by deft Fleet Mortgage in support of motion for partial summary judgment [27-1] (bsm) (Entered: 07/22/2002)
292002-07-19 STATEMENT OF UNDISPUTED FACTS by deft Fleet Mortgage [27-1] (bsm) (Entered: 07/22/2002)
302002-08-07 RESPONSE by plaintiffs to motion for partial summary judgment [27-1] (bsm) (Entered: 08/08/2002)
312002-08-07 BRIEF by plaintiffs in support of response to motion for partial summary judgment [30-1] (bsm) (Entered: 08/08/2002)
322002-08-07 STATEMENT OF DISPUTED FACTS by plaintiffs [30-1] (bsm) (Entered: 08/08/2002)
332002-08-15 REPLY by deft Fleet Mortgage to response to motion for partial summary judgment [27-1] (bsm) (Entered: 08/16/2002)
342002-08-27 RETORT by plaintiffs to reply to response to motion for partial summary judgment [33-1] (bsm) (Entered: 08/28/2002)
352002-08-29 MOTION by plaintiffs to compel defts to answer interrogatories and request for production (bsm) Modified on 08/30/2002 (Entered: 08/29/2002)
362002-08-29 BRIEF by plaintiffs in support of motion to compel defts to answer interrogatories and request for production [35-1] (bsm) Modified on 08/30/2002 (Entered: 08/29/2002)
372002-09-03 ORDER by Judge William R. Wilson parties are directed to file briefs regarding applicable federal jurisdiction by 2:00 9/5/02 ; parties shall have until 9/5/02 by 2:00 to meet and attempt to resolve discovery disputes with respect to interrogs; pltf's motion to compel defts to answer interrogs and request for production [35-1] is held in abeyance; the court anticipates ruling on deft's motion for partial summary judgment by 10/15/02 (cc: all counsel) (bmt) (Entered: 09/04/2002)
382002-09-06 LETTER/RESPONSE by plaintiffs' counsel to order [37-2] (bsm) (Entered: 09/09/2002)
392002-09-06 SUPPLEMENTAL BRIEFING following telephone conference on motion for summary judgment filed by defendant [37-2] [37-1] [27-1] (bsm) (Entered: 09/09/2002)
402002-09-12 SUPPLEMENTAL BRIEF filed by plaintiffs following telephone conference [37-1][37-2] (bsm) Modified on 09/16/2002 (Entered: 09/13/2002)
412002-09-12 MOTION by plaintiffs to amend second amended complt (bsm) (Entered: 09/13/2002)
422002-09-12 MOTION by plaintiffs to strike the letters from Cade Cox, exhibit K, and the afdt of mailing by Cade Cox, exhibit M, to the motion for summary judgment (bsm) Modified on 09/13/2002 (Entered: 09/13/2002)
432002-09-16 MOTION by plaintiffs for partial summary judgment (bsm) (Entered: 09/16/2002)
442002-09-16 BRIEF by plaintiffs in support of motion for partial summary judgment [43-1] (bsm) (Entered: 09/16/2002)
452002-09-16 STATEMENT OF UNDISPUTED FACTS by plaintiffs in support of motion for partial summary judgment [43-1] (bsm) (Entered: 09/16/2002)
462002-09-18 MOTION by deft Fleet Mortgage for admission to be deemed admitted (bsm) (Entered: 09/19/2002)
472002-09-18 BRIEF by deft Fleet Mortgage in support of motion for admission to be deemed admitted [46-1] (bsm) Modified on 02/25/2004 (Entered: 09/19/2002)
482002-09-26 ORDER by Judge William R. Wilson granting motion to amend second amended complt [41-1]; pltfs shall file their amended complt within ten days from the date of this Order; granting pltfs' motion to compel defts to answer interrogatories and request for production as set out in Order [35-1]; denying pltfs' motion to strike; pltfs may take depositions of employees of Wilson & Associates under the conditions set forth in Order [42-1] (cc: all (bsm) Modified on 09/30/2002 (Entered: 09/27/2002)
492002-09-26 THIRD AMENDED complaint with jury demand [10-1] [2-1] [1-1] by plaintiffs (bsm) Modified on 09/27/2002 (Entered: 09/27/2002)
502002-09-26 RESPONSE by plaintiffs to motion for admission to be deemed admitted [46-1] (bsm) (Entered: 09/27/2002)
512002-09-26 BRIEF by plaintiffs in support of response to motion to deem requests for admissions admitted [50-1] (bsm) (Entered: 09/27/2002)
522002-09-27 RESPONSE by deft Fleet Mortgage to pltfs' motion for partial summary judgment [43-1] (bsm) (Entered: 09/30/2002)
532002-09-27 BRIEF by deft Fleet Mortgage in support of response to pltfs' motion for partial summary judgment [52-1] (bsm) (Entered: 09/30/2002)
542002-09-27 STATEMENT OF DISPUTED FACTS by deft Fleet Mortgage in response to pltfs' motion for partial summary judgment [52-1] (bsm) (Entered: 09/30/2002)
552002-10-03 MOTION by deft Fleet Mortgage for partial summary judgment (bsm) (Entered: 10/03/2002)
562002-10-03 BRIEF by deft Fleet Mortgage in support of motion for partial summary judgment [55-1] (bsm) (Entered: 10/03/2002)
572002-10-03 STATEMENT OF UNDISPUTED FACTS by deft Fleet Mortgage in support of motion for partial summary judgment [55-1] (bsm) (Entered: 10/03/2002)
582002-10-07 REPLY by plaintiffs to deft's response to motion for partial summary judgment [43-1] (bsm) (Entered: 10/07/2002)
592002-10-07 BRIEF by plaintiffs in support of pltfs' reply to deft's response to pltfs' motion for partial summary judgment [58-1] (bsm) (Entered: 10/07/2002)
602002-10-07 RESPONSE by plaintiffs to deft's statement of disputed facts [54-1] (bsm) (Entered: 10/07/2002)
612002-10-15 MOTION by plaintiffs to compel (bmt) (Entered: 10/15/2002)
622002-10-15 SUPPLEMENT TO MOTION by plaintiffs for summary judgment (bmt) (Entered: 10/15/2002)
632002-10-15 ANSWER by defendant Fleet Mortgage to third amended complt (bmt) (Entered: 10/16/2002)
642002-10-21 PRETRIAL DISCLOSURE SHEET by plaintiffs; estimated length of trial, 2 or 3 days (bsm) (Entered: 10/22/2002)
652002-10-21 PRETRIAL DISCLOSURE SHEET by defendant Fleet Mortgage; estimated length of trial, 3-4 days (bsm) (Entered: 10/22/2002)
662002-10-28 RESPONSE by deft Fleet Mortgage to motion to compel [61-1] (bsm) (Entered: 10/29/2002)
672002-10-28 RESPONSE by deft Fleet Mortgage to pltfs' supplement to motion for summary judgment [62-1] (bsm) (Entered: 10/29/2002)
682002-11-04 OBJECTIONS by plaintiffs to defts's pretrial disclosure sheet [65-1] (bsm) (Entered: 11/05/2002)
692002-11-04 RESPONSE by plaintiffs to motion for partial summary judgment [55-1] (bsm) (Entered: 11/05/2002)
702002-11-04 BRIEF by plaintiffs in support of response to motion for partial summary judgment [69-1] (bsm) (Entered: 11/05/2002)
712002-11-04 STATEMENT OF DISPUTED FACTS by plaintiffs in support of response to motion for partial summary judgment [69-1] (bsm) (Entered: 11/05/2002)
722002-11-08 MOTION by plaintiffs for continuance (bsm) (Entered: 11/08/2002)
732002-11-12 ORDER by Judge William R. Wilson granting pltfs' motion for continuance [72-1]; a new scheduling order will be entered (cc: all counsel) (bsm) (Entered: 11/13/2002)
742002-11-13 FINAL SCHEDULING ORDER (DOC) Jury Trial scheduled for 9:00 7/28/03 in Little Rock, AR; Discovery due 5/14/03; Pretrial Info Sheet due 6/28/03 (cc: all counsel) (bsm) (Entered: 11/14/2002)
752002-11-13 RESPONSE by defendant to motion for continuance (bsm) (Entered: 11/14/2002)
762003-02-24 ORDER by Judge William R. Wilson denying deft's motion for partial summary judgment [55-1]; Court believes that genuine issues of material fact exist regarding pltfs' conversion claim (cc: all counsel) (bsm) Modified on 03/05/2003 (Entered: 02/27/2003)
772003-02-24 ORDER by Judge William R. Wilson granting deft's motion for partial summary judgment [27-1]; denying pltf's motion for partial summary judgment and supplement to the motion [43-1] [62-1]; pltf's conversion claim remains (cc: all counsel) (bsm) (Entered: 03/05/2003)
782003-03-06 MOTION by plaintiffs for new trial , or amendment of judgment (bsm) (Entered: 03/06/2003)
792003-03-06 BRIEF by plaintiffs in support of motion for new trial [78-1] or amendment of judgment [78-2] (bsm) (Entered: 03/06/2003)
802003-03-10 ORDER by Judge William R. Wilson denying pltfs' motion for new trial [78-1] or amendment of judgment [78-2] (cc: all counsel) (bsm) (Entered: 03/11/2003)
812003-03-17 BRIEF filed by defendant on issue regarding punitive damages (bsm) (Entered: 03/17/2003)
822003-03-18 RESPONSE by plaintiffs to Order of 3/10/03 [80-1] (bsm) Modified on 03/26/2003 (Entered: 03/18/2003)
832003-03-25 ORDER by Judge William R. Wilson granting pltfs' motion to compel [61-1]; summary judgment, notwithstanding pltfs continuing objections, will stand; deft will submit its financial statements as ordered; deft's motion for admission have either been addressed, or no longer in issue because of recent Orders, and the motion is denied as moot [46-1] (cc: all counsel) (bsm) (Entered: 03/26/2003)
842003-04-23 MOTION by plaintiffs to amend their third amended complt with a fourth amended complt (bsm) (Entered: 04/24/2003)
852003-04-29 RESPONSE by deft Fleet Mortgage Corp to motion to amend [84-1] (bsm) Additional attachment(s) added on 12/6/2005 (awj, ). (Entered: 04/30/2003)
862003-05-06 ORDER by Judge William R. Wilson granting motion to amend the complt to add First Preston Management Inc as a deft [84-1]; pltfs are directed to immediately file an amended complt with the Clerk's Office (cc: all counsel) (bsm) Modified on 05/07/2003 (Entered: 05/06/2003)
872003-05-09 FOURTH AMENDED complaint with jury demand [49-1] [10-1] [2-1] [1-1] by plaintiffs; adding First Preston Mgt (bsm) Modified on 05/12/2003 (Entered: 05/12/2003)
882003-05-21 ANSWER to Fourth Amended Complaint by deft Fleet Mortgage Corp (bsm) (Entered: 05/21/2003)
892003-06-06 MOTION by deft First Preston Mgt to continue (bsm) (Entered: 06/09/2003)
902003-06-09 RESPONSE by deft Fleet Mortgage Corp to deft First Preston Management Inc's motion for continuance [89-1] (vjt) (Entered: 06/09/2003)
912003-06-10 RESPONSE by plaintiff to motion to continue [89-1] (bsm) (Entered: 06/10/2003)
922003-06-10 FINAL SCHEDULING ORDER (DOC); jury trial set for 9:00 2/3/04 in Little Rock; discovery due 11/20/03; pretrial info sheet due 1/4/04 (cc: all counsel) (vjt) (Entered: 06/11/2003)
932003-06-18 RESPONSE/ANSWER to Fourth Amended Complt by First Preston Mgt (bsm) (Entered: 06/19/2003)
942003-12-19 MOTION by defendant Fleet Mortgage Corp for partial summary judgment (bmt) (Entered: 12/22/2003)
952003-12-19 BRIEF by defendant Fleet Mortgage Corp in support of motion for partial summary judgment [94-1] (bmt) (Entered: 12/22/2003)
962003-12-19 STATEMENT OF FACTS (Local Rule 56.1) by defendant Fleet Mortgage Corp in support of motion for partial summary judgment [94-1] (bmt) (Entered: 12/22/2003)
972004-01-05 PRETRIAL DISCLOSURE SHEET by Fleet Mortgage Corp; estimated length of trial, 3 days (bsm) (Entered: 01/06/2004)
982004-01-05 RESPONSE by plaintiffs to motion for partial summary judgment [94-1] (bsm) (Entered: 01/06/2004)
992004-01-05 BRIEF by plaintiffs in support of response to motion for partial summary judgment [98-1] (bsm) (Entered: 01/06/2004)
1002004-01-05 STATEMENT OF DISPUTED FACTS by plaintiffs [98-1] (bsm) (Entered: 01/06/2004)
1012004-01-06 PRETRIAL DISCLOSURE SHEET by First Preston Mgt; estimated length of trial, 3 to 4 days (bsm) (Entered: 01/07/2004)
1022004-01-12 PRETRIAL DISCLOSURE SHEET by plaintiffs; estimated length of trial, 3 to 4 days (bsm) (Entered: 01/13/2004)
1032004-01-13 REPLY by deft Fleet Mortgage Corp to response to motion for partial summary judgment [94-1] (bsm) (Entered: 01/13/2004)
1042004-01-20 OBJECTIONS by deft Fleet Mortgage Corp to pltfs' pretrial disclosure sheet [102-1] (vjt) (Entered: 01/21/2004)
1052004-01-22 RETORT/RESPONSE by plaintiffs to reply to response to motion for partial summary judgment 103-1] (bsm) Modified on 01/23/2004 (Entered: 01/23/2004)
1062004-01-22 ORDER by Judge William R. Wilson granting in part and denying in part deft's motion for partial summary judgment; motion is denied with respect to the punitive damages issue and granting in respect to the other claim of obligation of good faith; claim under Court III of the Amended Complt is dismissed [94-1] (cc: all counsel) (bsm) (Entered: 01/23/2004)
1072004-01-26 MOTION by deft Fleet Mortgage Corp in limine to exclude any direct or indirect mention of or allusion to the issues mentioned in this motion (bsm) (Entered: 01/27/2004)
1082004-01-26 BRIEF by deft Fleet Mortgage Corp in support of motion in limine [107-1] (bsm) (Entered: 01/27/2004)
1092004-01-27 MOTION by deft First Preston Mgt in limine for an Order which directs the parties to not mention, elicit, or any way refer to the issues in this motion (bsm) (Entered: 01/27/2004)
1102004-01-27 BRIEF by First Preston Mgt in support of motion in limine [109-1] (bsm) (Entered: 01/27/2004)
1112004-01-28 RESPONSE by plaintiffs to Fleet's motion in limine [107-1] (bsm) Modified on 01/29/2004 (Entered: 01/29/2004)
1122004-01-28 RESPONSE by plaintiffs to Fleet's objection to pre-trial disclosure sheet [104-1] (bsm) (Entered: 01/29/2004)
1132004-01-28 OBJECTION by plaintiffs to pre-trial information sheets of Fleet and motion in limine [107-1] [97-1] (bsm) (Entered: 01/29/2004)
1142004-01-29 LETTER/ORDER by Judge William R. Wilson to Mr. Martin W. Bowen and Mr. Orin E. Montgomery; response is due by 12:00 1/30/04 as to whether Court should follow Dees on willful and wanton conduct issue (cc: all counsel) (bsm) (Entered: 01/29/2004)
1152004-01-30 BRIEF IN RESPONSE by deft Fleet Mortgage Corp to Letter Order [114-1] (bsm) (Entered: 02/02/2004)
1162004-01-30 RESPONSE by plaintiffs to First Preston's motion in limine [109-1] (bsm) (Entered: 02/02/2004)
1172004-02-03 BRIEF filed by plaintiffs on damages for conversion mental anguish (bsm) (Entered: 02/04/2004)
1182004-02-03 ORDER by Judge William R. Wilson granting in part and denying in part defts' motions in limine [109-1] [107-1] (cc: all counsel) (bsm) (Entered: 02/04/2004)
1192004-02-06 CLERK'S MINUTES: Jury trial ended before Judge Wilson; judgment to be entered (C. Newburg) (maj) (Entered: 02/09/2004)
1202004-02-06 VERDICT for plaintiffs Daniel Hernandez, Jessica Hernandez, Anthony Hernandez and Pam Hernandez against defendants Fleet Mortgage Corp and First Preston Mgt (maj) (Entered: 02/09/2004)
1212004-02-06 VERDICT for plaintiffs Anthony Hernandez and Pam Hernandez against defendant Fleet Mortgage Corp re punitive damages (maj) (Entered: 02/09/2004)
1222004-02-06 Jury instructions given to the jury by the court (maj) (Entered: 02/09/2004)
1232004-02-06 Jury instructions submitted by Counsel and refused by Court (maj) (Entered: 02/09/2004)
1242004-02-25 ORDER by Judge William R. Wilson upon joint motion of pltfs and First Preston Management, the claims of pltfs against First Preston have been settled by agreement and are dismissed with prej; Court retains complete jurisdiction for 30 days to vacate this Order and to reopen this action if the settlement has not been completed and further litigation is necessary to enforce the settlement; dismissing First Preston Mgt from the case (cc: all counsel) (bsm) (Entered: 02/25/2004)
1252004-02-25 JUDGMENT ON JURY VERDICT: by Judge William R. Wilson that action come on for trial 2/3/04 and the issues having been duly tried, and after deliberating thereon, the jury returned a verdict on 2/6/04; judgment is entered in favor of pltfs against Fleet Mortgage Corp as follows: Pam Hernandez - $1,494.67, Anthony Hernandez - $3,416.67, Jessica Hernandez - $7,333.34 and Daniel Hernandez - $4,000.00 for a total of $16,244.68, together with interest at the rate of 1.25% per annum until paid; further ordered that Anthony Hernandez and Pam Hernandez are awarded punitive damages ($7,500.00 each) against deft Fleet Mortgage Corp, in the total amount of $15,000.00, together with interest at the rate of 1.25% per annum until paid; terminating case (cc: all counsel) (bsm) Modified on 02/26/2004 (Entered: 02/25/2004)
1262004-03-10 MOTION by Fleet Mortgage Corp for judgment as a matter of law (bsm) (Entered: 03/10/2004)
1272004-03-10 BRIEF by Fleet Mortgage Corp in support of motion for judgment as a matter of law [126-1] (bsm) (Entered: 03/10/2004)
1282004-03-25 MOTION by plaintiffs to amend judgment and for partial summary judgment to add Washington Mutual Bank as a judgment defendant (bmt) (Entered: 03/26/2004)
1292004-03-25 BRIEF by plaintiffs in support of motion to amend judgment [128-1] and for partial summary judgment to add Washington Mutual Bank as a judgment defendant [128-2] (bmt) (Entered: 03/26/2004)
1302004-03-26 RESPONSE by plaintiffs to motion for judgment as a matter of law [126-1] (bsm) Modified on 03/29/2004 (Entered: 03/29/2004)
1312004-03-26 BRIEF by plaintiffs in support of response to motion for judgment as a matter of law [130-1] (bsm) (Entered: 03/29/2004)
1322004-04-16 LETTER/ORDER by Judge William R. Wilson to R. David Lewis and Martin W. Bowen in regard to motion for judgment as a matter of law: requesting attys to cite to Court the particular portions of the transcript that are most pertinent and provide a copy of those portions to Court w/in 10 days of this letter (cc: all counsel) (bsm) (Entered: 04/19/2004)
1332004-04-29 LETTER to court from plaintiff's counsel, Mr. R. David Lewis, in regard to Letter/Order of 4/16/04 (bsm) Modified on 04/30/2004 (Entered: 04/30/2004)
1342004-04-29 MOTION by plaintiffs to enforce settlement , or enter judgment (bsm) (Entered: 04/30/2004)
1352004-05-12 ORDER by Judge William R. Wilson that parties have advised Court that all disputes in this matter have been settled; accordingly, all pending motions are denied as moot; [134-1] [134-2] [128-1] [128-2] [126-1] (cc: all counsel) (bsm) (Entered: 05/13/2004)
1362004-05-25 SATISFACTION OF JUDGMENT as to Fleet Mortgage Corp (bsm) (Entered: 05/25/2004)