Case Details

CourtEastern District of Tennessee
Docket number3:13-cv-00141
Date case filed2013-03-13
Date case closed2013-06-04
Date of latest filing
Assigned toDistrict Judge Joseph M Hood
Case cause28:1332 Diversity-Contract Dispute
Nature of suit190 Contract: Other
Jury demandBoth
Demand
JurisdictionDiversity

Case Parties

Party: Kevin Carroll
Party type: Plaintiff
also known asRobert Kevin Carroll
Attorney name: William Edward Skees
Attorney Contact:
The Skees Law Office
415 W. First Street
New Albany, IN 47150
812-944-9990
Fax: 812-944-8033
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Carroll's Mobile Homes, Inc.
Party type: Plaintiff
Attorney name: William Edward Skees
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Carroll's Properties, LLC
Party type: Plaintiff
Attorney name: William Edward Skees
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: CMH Homes, Inc
Party type: Defendant
Attorney name: David T Newton
Attorney Contact:
Maynard, Cooper & Gale, PC (Birmingham)
1901 Sixth Avenue North
2400 AmSouth/Harbert Plaza
Birmingham, AL 35203-2602
205-254-1105
Fax: 205-254-1999
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Edward S Sledge , IV
Attorney Contact:
Bradley Arant Boult Cummings, LLP (Birmingham)
1819 Fifth Avenue North
Birmingham, AL 35203
205-521-8000
Fax: 205-488-6525
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Elizabeth A. Deener
Attorney Contact:
Landrum & Shouse, LLP
P.O. Box 951
107 W. Vine
Suite 800
Lexington, KY 40588-0951
859-255-2424
Fax: 859-233-0308
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Lee E Bains , Jr.
Attorney Contact:
Maynard, Cooper & Gale, PC (Birmingham)
1901 Sixth Avenue North
2400 AmSouth/Harbert Plaza
Birmingham, AL 35203-2602
(205) 254-1000
Fax: (205) 254-1999
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Michael Kessell Nisbet
Attorney Contact:
Landrum & Shouse, LLP
P.O. Box 951
107 W. Vine
Suite 800
Lexington, KY 40588-0951
(502) 589-7616
Fax: (502) 589-2119
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Larry C. Deener
Attorney Contact:
Landrum & Shouse, LLP
P.O. Box 951
107 W. Vine
Suite 800
Lexington, KY 40588-0951
859-255-2424
Fax: 859-233-0308
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: 21st Mortgage Corporation
Party type: Defendant
Attorney name: David T Newton
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Edward S Sledge , IV
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Elizabeth A. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Lee E Bains , Jr.
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Michael Kessell Nisbet
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Larry C. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Kevin T. Clayton
Party type: Defendant
Attorney name: Edward S Sledge , IV
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE

Attorney name: Elizabeth A. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Michael Kessell Nisbet
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Larry C. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: 21st Mortgage Corporation
Party type: Counter Claimant
Attorney name: David T Newton
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Edward S Sledge , IV
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Elizabeth A. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Lee E Bains , Jr.
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Michael Kessell Nisbet
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Larry C. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Kevin Carroll
Party type: Counter Defendant
Attorney name: William Edward Skees
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Carroll's Mobile Homes, Inc.
Party type: Counter Defendant
Attorney name: William Edward Skees
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: CMH Homes, Inc
Party type: Counter Claimant
Attorney name: David T Newton
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Edward S Sledge , IV
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Elizabeth A. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Lee E Bains , Jr.
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Michael Kessell Nisbet
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Larry C. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Kevin Carroll
Party type: Counter Defendant
Attorney name: William Edward Skees
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Carroll's Mobile Homes, Inc.
Party type: Counter Defendant
Attorney name: William Edward Skees
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Kevin T. Clayton
Party type: Counter Claimant
Attorney name: Edward S Sledge , IV
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE

Attorney name: Elizabeth A. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Michael Kessell Nisbet
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Larry C. Deener
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Kevin Carroll
Party type: Counter Defendant
Attorney name: William Edward Skees
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Carroll's Mobile Homes, Inc.
Party type: Counter Defendant
Attorney name: William Edward Skees
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-03-05 NOTICE OF REMOVAL from Floyd Circuit Court, case number 22C01-CT-000271, filed by CMH HOMES INC., 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON. (Filing fee $ 350 receipt number 0756-2244782) (Attachments: # 1 State Court Record, # 2 Civil Cover Sheet)(Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/05/2012)
22012-03-05 **SEE NO. 13 FOR AMENDED ANSWER** ANSWER to Complaint (Notice of Removal) with Jury Demand , COUNTERCLAIM against KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., filed by 21ST MORTGAGE CORPORATION. (Attachments: # (1) Exhibit A - Asset Purchase Agreement)(Deener, Larry) Modified on 3/13/2012 (LBT). [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/05/2012)
32012-03-05 ANSWER to Complaint (Notice of Removal) with Jury Demand , COUNTERCLAIM against KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., filed by CMH HOMES INC.. (Attachments: # 1 Exhibit A - Asset Purchase Agreement)(Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/05/2012)
42012-03-05 ANSWER to Complaint (Notice of Removal) with Jury Demand , COUNTERCLAIM against KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., filed by KEVIN T. CLAYTON. (Attachments: # 1 Exhibit A - Asset Purchase Agreement)(Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/05/2012)
52012-03-05 NOTICE of Appearance by Larry C. Deener on behalf of Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/05/2012)
62012-03-05 Corporate Disclosure Statement by 21ST MORTGAGE CORPORATION identifying Corporate Parent BERKSHIRE HATHAWAY, INC., Corporate Parent CMH SERVICES, INC. for 21ST MORTGAGE CORPORATION, 21ST MORTGAGE CORPORATION.. (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/05/2012)
72012-03-05 Corporate Disclosure Statement by CMH HOMES INC. identifying Corporate Parent BERKSHIRE HATHAWAY, INC., Corporate Parent CMH CAPITAL, INC. for CMH HOMES INC., CMH HOMES INC... (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/05/2012)
82012-03-05 NOTICE to Plaintiffs of Filing Removal, filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC., re 1 Notice of Removal. (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/05/2012)
92012-03-06 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JLM) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/06/2012)
102012-03-06 MAGISTRATE JUDGE'S Summary of CMP Notice (JLM) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/06/2012)
112012-03-06 NOTICE of Appearance by Elizabeth A. Deener on behalf of Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC., Counter Claimants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Deener, Elizabeth) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/06/2012)
122012-03-12 CERTIFICATE of Counsel re 1 Notice of Removal Notice To State Court Filed in Floyd Circuit Court by Larry C. Deener on behalf of All Defendants (Attachments: # 1 Exhibit Notice to Floyd Circuit Court As Filed) (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/12/2012)
132012-03-12 AMENDED ANSWER to 1 Complaint/Notice of Removal and COUNTERCLAIM against KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., filed by Defendant 21ST MORTGAGE CORPORATION. (Attachments: # (1) Exhibit A - Asset Purchase Agreement)(Deener, Larry) Modified on 3/12/2012 (JLM). Modified on 3/13/2012 (LBT). [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/12/2012)
142012-03-14 NOTICE of Appearance by Michael Kessell Nisbet on behalf of Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Nisbet, Michael) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/14/2012)
152012-03-20 Corporate Disclosure Statement by CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/20/2012)
162012-03-20 ANSWER to 3 , 4 , and 13 Counterclaims and Amended Counterclaim, filed by Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC. (Skees, William) Modified on 3/21/2012 to link to appropriate counterclaims (JLM). [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/20/2012)
172012-04-10 MOTION to Transfer Case to the Eastern District of Tennessee, filed by Defendants 21ST MORTGAGE CORPORATION, CMH HOMES INC., Counter Claimant KEVIN T. CLAYTON. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Asset Purchase Agreement, # 3 Text of Proposed Order)(Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/10/2012)
182012-04-27 RESPONSE in Opposition re 17 MOTION to Transfer Case to the Eastern District of Tennessee and request for hearing, filed by Counter Defendants KEVIN CARROLL, KEVIN CARROLL, KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLL'S MOBILE HOMES, INC., CARROLL'S MOBILE HOMES, INC., Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Attachments: # 1 Text of Proposed Order)(Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
192012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit A, Part 1, Mortgage, filed by Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
202012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit A, Mortgage, Part 2, filed by Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
212012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit B, HUD-1 for Mortgage, filed by Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
222012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit C, Real Estate Mortgage, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
232012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit D, Guaranty Agreement, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
242012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit E, email from Robert Hamilton, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
252012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit F, Sales Disclosure Form, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
262012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit G, Real Estate Sales Agreement, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
272012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit H, Releases of Mortgages, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
282012-04-27 EXHIBIT in Support of Response in Opposition to Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee Exhibit I, Newspaper article quoting Kevin Clayton, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 04/27/2012)
292012-05-03 MOTION For Evidentiary Hearing, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., Counter Defendants KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Attachments: # 1 Text of Proposed Order)(Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/03/2012)
302012-05-04 REPLY in Support of Motion re 17 MOTION to Transfer Case to the Eastern District of Tennessee , filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC., Counter Claimants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/04/2012)
312012-05-04 MOTION for Leave to File Amended Verified Complaint, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A. Amended Verified Complaint, # 3 Exhibit A1 Verification page to Amended Verified Complaint)(Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/04/2012)
322012-05-15 RESPONSE in Opposition re 31 MOTION for Leave to File Amended Verified Complaint , filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Attachments: # 1 Text of Proposed Order)(Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/15/2012)
332012-05-17 RESPONSE in Opposition re 29 MOTION For Evidentiary Hearing , filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Attachments: # 1 Text of Proposed Order)(Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/17/2012)
342012-05-22 REPLY in Support of Motion re 31 MOTION for Leave to File Amended Verified Complaint , filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/22/2012)
352012-05-25 REPLY in Support of Motion re 29 MOTION For Evidentiary Hearing , filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/25/2012)
362012-05-25 CASE MANAGEMENT PLAN TENDERED, filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC., Counter Claimants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC., Counter Defendants KEVIN CARROLL, KEVIN CARROLL, KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLL'S MOBILE HOMES, INC., CARROLL'S MOBILE HOMES, INC., Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC. . (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/25/2012)
372012-05-30 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. This matter is set for Trial by Jury during the month of October, 2013, before the Honorable Sarah Evans Barker. The Court will allot 4 days for this trial. Dispositive Motions due by 2/5/2013. A Telephonic Status Conference is set for 6/21/2012, at 10:00 AM, New Albany time (EDT), before Magistrate Judge William G. Hussmann Jr. See attachment for particulars. Signed by Magistrate Judge William G. Hussmann, Jr on 5/30/2012.(JLM) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/30/2012)
382012-05-30 SCHEDULING ENTRY: This cause is hereby assigned for trial by jury on 10/15/2013, at 9:30 AM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Sarah Evans Barker. Final Pretrial Conference set for 10/3/2013, at 2:00 PM, in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. PLEASE NOTE THE INDIANAPOLIS LOCATION OF THE FINAL PRETRIAL CONFERENCE. Signed by Judge Sarah Evans Barker on 5/30/2012.(JLM) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 05/30/2012)
392012-06-28 MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Telephonic Status Conference held on 6/21/2012. Plaintiff's counsel discussed that there are certain records which he believes remain at the Georgetown location. The parties may commence the serving of interrogatories and requests for production of documents at this time. Settlement Conference set for 11/8/2012 at 1:00 PM, New Albany time (EST), in room #228, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr.(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 06/28/2012)
402012-07-03 ORDER DENYING DEFENDANTS' MOTION TO TRANSFER TO THE EASTERN DISTRICT OF TENNESSEE - 17 Motion to Transfer is DENIED. 29 Motion for Evidentiary Hearing is DENIED as moot. See Order for details. Signed by Judge Sarah Evans Barker on 7/3/2012. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/03/2012)
412012-07-03 ENTRY ON PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT - 31 Motion for Leave to File Amended Complaint is conditionally GRANTED. Plaintiffs are instructed to re-file the Amended Complaint to include an allegation regarding the citizenship of each member of Carrolls' Properties, LLC. If such an allegation proves to be impossible in terms of maintaining an exercise of the Court's diversity jurisdiction, Plaintiffs should so advise the Court and other parties and voluntarily dismiss this action. See Entry for details. Signed by Judge Sarah Evans Barker on 7/3/2012. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/03/2012)
422012-07-05 NOTICE of Service of Initial Disclosures , filed by Defendants KEVIN T. CLAYTON, CMH HOMES INC.. (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/05/2012)
432012-07-05 NOTICE of Service of Initial Disclosures , filed by Defendant 21ST MORTGAGE CORPORATION. (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/05/2012)
442012-07-17 Exhibit List (preliminary), filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/17/2012)
452012-07-17 Witness List (preliminary), filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC.. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/17/2012)
462012-07-17 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/17/2012)
472012-07-27 MOTION for Attorney(s) Edward S. Sledge IV to Appear pro hac vice, filed by Defendants and Counter Claimants 21ST MORTGAGE CORPORATION and CMH HOMES INC. (Attachments: # 1 Text of Proposed Order)(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/30/2012)
482012-07-27 RECEIPT #IP030985 in the amount of $ 30.00 for PHV fee - Edward S. Sledge IV. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/30/2012)
492012-07-27 MOTION for Attorney(s) Lee E. Bains, Jr. to Appear pro hac vice, filed by Defendants and Counter Claimants 21ST MORTGAGE CORPORATION, CMH HOMES INC. (Attachments: # 1 Text of Proposed Order)(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/30/2012)
502012-07-27 RECEIPT #IP030986 in the amount of $ 30.00 for PHV fee - Lee E. Bains, Jr. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/30/2012)
512012-07-31 ORDER granting 49 Motion to Appear pro hac vice. Attorney Lee E. Bains, Jr for 21ST MORTGAGE CORPORATION and CMH HOMES INC. added. Signed by Judge Sarah Evans Barker on 7/31/2012. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/31/2012)
522012-07-31 ORDER granting 47 Motion to Appear pro hac vice. Attorney Edward S. Sledge, IV for 21ST MORTGAGE CORPORATION and CMH HOMES INC. added. Signed by Judge Sarah Evans Barker on 7/31/2012. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/31/2012)
532012-07-31 MOTION to Dismiss for Improper Venue, filed by Defendants 21ST MORTGAGE CORPORATION, CMH HOMES INC., KEVIN T. CLAYTON. (Attachments: # 1 Exhibit 1 - Asset Purchase Agreement, # 2 Exhibit 2 - Real Estate Sales Agreement, # 3 Text of Proposed Order)(Bains, Lee) Modified on 8/1/2012 to remove duplicate wording and to add Defendant Kevin Clayton as a filer. (JLM). Modified on 8/1/2012 (JLM). [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/31/2012)
542012-07-31 BRIEF/MEMORANDUM in Support re 53 MOTION to Dismiss for Improper Venue , filed by Defendants 21ST MORTGAGE CORPORATION, CMH HOMES INC., KEVIN T. CLAYTON. (Bains, Lee) Modified on 8/1/2012 to add Defendant Kevin Clayton as a filer (JLM). [Transferred from Indiana Southern on 3/13/2013.] (Entered: 07/31/2012)
552012-08-10 Unopposed MOTION for Extension of Time to August 27, 2012 to file response to 53 MOTION to Dismiss for Improper Venue , filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 08/10/2012)
562012-08-13 MARGINAL ENTRY - 55 NOTICE of Extension of Time is ineffective to secure the extension of time sought. Local Rule 6-1(b) applies to "pleadings" and discovery requests, but not motions. Signed by Judge Sarah Evans Barker on 8/13/2012.(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 08/13/2012)
572012-08-26 Unopposed MOTION for Extension of Time to September 10, 2012 to file response to 53 MOTION to Dismiss for Improper Venue , filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC. (Attachments: # 1 Text of Proposed Order)(Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 08/26/2012)
582012-08-27 ORDER granting 57 Motion for Extension of Time to 9/10/2012 for Plaintiffs to file Response re 53 MOTION to Dismiss for Improper Venue. Defendants shall file their reply in support of the motion by 10/2/2012. Plaintiffs' answers and responses to interrogatories and requests for production may by served through and including 9/10/2012. Signed by Magistrate Judge William G. Hussmann, Jr on 8/28/2012. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 08/28/2012)
592012-09-04 Witness List (Preliminary), filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 09/04/2012)
602012-09-04 Exhibit List (Preliminary), filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 09/04/2012)
612012-09-10 MOTION FOR EVIDENTIARY HEARING, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC. (Attachments: # 1 Text of Proposed Order)(Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 09/10/2012)
622012-09-10 RESPONSE in Opposition re 53 MOTION to Dismiss for Improper Venue , filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, Mortgage - part one, # 3 Exhibit A, Mortgage - part two, # 4 Exhibit B, Hud-1 for Mortgage, # 5 Exhibit C, Real Estate Mortgage, # 6 Exhibit D, Guaranty Agreement, # 7 Exhibit E, Hamilton Email, # 8 Exhibit F, Sales Disclosure Form, # 9 Exhibit G, Real Estate Sales Agreement, # 10 Exhibit H, Release of Mortgage, # 11 Exhibit I, News and Tribune)(Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 09/10/2012)
632012-09-24 RESPONSE in Opposition re 61 MOTION FOR EVIDENTIARY HEARING , filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Attachments: # 1 Text of Proposed Order)(Deener, Larry) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 09/24/2012)
642012-10-02 REPLY in Support of Motion re 53 MOTION to Dismiss for Improper Venue , filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Bains, Lee) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 10/02/2012)
652012-11-08 MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Unscheduled Attorney Telephone Conference held on 11/1/2012. Mr. Skees is DIRECTED to respond, in writing, to the most recent letter from the Defendants on or before 11/8/2012. The Settlement Conference set for 11/8/2012 is VACATED. Discovery Conference set for 11/19/2012 at 3:00 PM, New Albany time (EST), in room #228, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge William G. Hussmann Jr. See Order for details. Signed by Magistrate Judge William G. Hussmann, Jr.(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 11/08/2012)
662012-11-26 MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Discovery Conference held on the record on 11/19/2012. All supplementation required by this Order shall occur on or before 11/30/2012, with the exception of the answer to Interrogatory No. 16. Telephonic Discovery Status Conference set for 12/18/2012 at 10:00 AM, New Albany time (EST), before Magistrate Judge William G. Hussmann Jr. See Order for details. Signed by Magistrate Judge William G. Hussmann, Jr.(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 11/26/2012)
672012-11-30 MOTION for Attorney(s) David T. Newton to Appear pro hac vice, filed by Defendants 21ST MORTGAGE CORPORATION, CMH HOMES INC., Counter Claimants 21ST MORTGAGE CORPORATION, CMH HOMES INC. (Attachments: # 1 Text of Proposed Order)(JLM) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 11/30/2012)
682012-11-30 RECEIPT #IP033083 in the amount of $ 30.00 for PHV Fee for David T. Newton. (JLM) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 11/30/2012)
692012-12-03 ORDER granting 67 Motion to Appear pro hac vice. Attorney David T. Newton for 21ST MORTGAGE CORPORATION and CMH HOMES INC. Mr. Newton's motion did not provide the Court with his contract information, including his address and phone number. Thus, he shall file an appearance forthwith. Signed by Judge Sarah Evans Barker on 12/3/2012. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/03/2012)
702012-12-04 NOTICE of Appearance by David T. Newton on behalf of Defendants 21ST MORTGAGE CORPORATION, CMH HOMES INC., Counter Claimants 21ST MORTGAGE CORPORATION, CMH HOMES INC.. (Newton, David) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/04/2012)
712012-12-04 NOTICE OF ADMISSIONS, filed by Defendant CMH HOMES INC. (Attachments: # (1) Exhibit A - CMH Homes' Second Set of Discovery Requests) (Sledge, Edward) Modified on 12/5/2012 to remove duplicate wording (JLM). [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/04/2012)
722012-12-05 NOTICE of Serving Discovery Responses, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC (Attachments: # 1 Exhibit Discovery Responses) (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/05/2012)
732012-12-13 Unopposed MOTION for Continuance of Non-Expert Discovery Deadline and Deadline to File Dispositive Motions, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC. (Attachments: # 1 Text of Proposed Order)(Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/13/2012)
742012-12-17 RESPONSE to Motion re 73 Unopposed MOTION for Continuance of Non-Expert Discovery Deadline and Deadline to File Dispositive Motions , filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC., Counter Claimants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Sledge, Edward) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/17/2012)
752012-12-18 ORDER granting 73 Unopposed Motion for Continuance of Certain Pre-Trial Deadlines - The deadline to complete non-expert discovery is extended until 2/28/2013. The deadline to file dispositive motions is extended until 4/5/2013. Signed by Magistrate Judge William G. Hussmann, Jr on 12/18/2012.(JLM) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/18/2012)
762012-12-19 TRANSCRIPT of Discovery Conference held on 11/19/2012 before Magistrate Judge William G. Hussmann, Jr. (48 pages.) Court Reporter/Transcriber: Judy Farris Mason (Telephone: (812) 459-9805). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 1/9/2013. Release of Transcript Restriction set for 3/19/2013. (Mason, Judy) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/19/2012)
772012-12-19 NOTICE of FILING of OFFICIAL TRANSCRIPT of Discovery Conference held before Magistrate Judge William G. Hussmann, Jr on 11/19/2012 (Mason, Judy) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/19/2012)
782012-12-28 MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Discovery/Scheduling Conference held on 12/18/2012. The parties have made progress on resolving discovery disputes. A subpoena will issue with respect to Attorney Hamilton. Settlement Conference set for 3/29/2013 at 10:00 AM, New Albany time (EDT), in room #228, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge William G. Hussmann Jr. By separate order, the Magistrate Judge has granted the Motion for Continuance of the non-expert discovery deadline and the deadline to file dispositive motions (Docket No. 73 ). The parties have agreed to schedule certain depositions during the 1/29/2013 through 2/1/2013 period. Defendants continue to request the court to rule on the Motion to Dismiss for Improper Venue. No other deadlines are extended except those explicitly provided above. Signed by Magistrate Judge William G. Hussmann, Jr.(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 12/28/2012)
792013-01-16 Joint MOTION for Continuance of Settlement Conference, filed by Defendants 21ST MORTGAGE CORPORATION, CMH HOMES INC., Counter Claimants 21ST MORTGAGE CORPORATION, CMH HOMES INC.. (Attachments: # 1 Text of Proposed Order)(Sledge, Edward) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 01/16/2013)
802013-01-17 ORDER granting 79 Motion for Continuance of Settlement Conference currently set for 3/29/2013. Settlement Conference RESET for 4/11/2013 at 1:00 PM, New Albany time (EDT), in room #228, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr on 1/17/2013.(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 01/17/2013)
812013-02-28 Witness List Supplemental Preliminary Witness List, filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Newton, David) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 02/28/2013)
822013-02-28 Exhibit List Supplemental Preliminary Exhibit List, filed by Defendants 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Newton, David) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 02/28/2013)
832013-03-01 Submission of Signature Requirement re 81 Witness List by 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Sledge, Edward) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/01/2013)
842013-03-01 Submission of Signature Requirement re 82 Exhibit List by 21ST MORTGAGE CORPORATION, KEVIN T. CLAYTON, CMH HOMES INC.. (Sledge, Edward) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/01/2013)
852013-03-01 Witness List Supplemental, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/01/2013)
862013-03-01 Exhibit List Supplemental, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC. (Skees, William) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/01/2013)
872013-03-01 **STRICKEN PER NO. 88** NOTICE of Service of Initial Disclosures Supplemental, filed by Plaintiffs KEVIN CARROLL, CARROLL'S MOBILE HOMES, INC., CARROLLS' PROPERTIES, LLC. (Skees, William) Modified on 3/7/2013 (LBT). [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/01/2013)
882013-03-07 ORDER STRIKING FILINGS - The Magistrate Judge notes that Plaintiffs have filed 87 Supplemental Disclosures. Under S.D. Ind. Local Rule 26.2, discovery materials are not to be filed with the Court unless relief is sought under F.R. Civ. P. 26(c) or 37. If disclosures, interrogatories, requests for production, or answers or responses are to be used at trial, they must be filed at the outset of the trial, but not beforehand. Counsel for Plaintiffs is hereby reminded of the Local Rule. 87 Supplemental Disclosure is STRICKEN. Signed by Magistrate Judge William G. Hussmann, Jr on 3/7/2013.(LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/07/2013)
892013-03-12 ENTRY ON DEFENDANTS' MOTION TO DISMISS - 53 Motion to Dismiss is GRANTED. 61 Motion for Evidentiary Hearing is DENIED as moot. The Clerk shall close this cause of action on the Court's docket and transfer the case to the United States District Court for the Eastern District of Tennessee, consistent with the parties' agreement in the APA. See Entry for details. Signed by Judge Sarah Evans Barker on 3/12/2013. (LBT) [Transferred from Indiana Southern on 3/13/2013.] (Entered: 03/12/2013)
902013-03-13 Case transferred in from District of Indiana Southern; Case Number 4:12-cv-00023. Original file (Entered: 03/13/2013)
912013-03-19 (Case at Issue) NOTICE of Availability of Magistrate Judge (mailed to unregistered counsel of record) (AYB) (Entered: 03/19/2013)
922013-03-19 SCHEDULING ORDER: the Final Pretrial Conference is reset for 10/4/2013 at 10:30 AM, and the Jury Trial is reset for 10/29/2013 at 9:00 AM at the United States Courthouse in Knoxville before District Judge Joseph M Hood. Further, all discovery disputes are hereby REFERRED to U.S. Magistrate Judge H. Bruce Guyton for appropriate resolution pursuant to 28 U.S.C. 636(b)(1)(A). This matter is also REFERRED to Magistrate Judge C. Clifford Shirley for such expedited settlement processes as he shall direct by subsequent order. The parties shall file a JOINT STATUS REPORT within ten (10) days of the entry of this order. Signed by District Judge Joseph M Hood on March 18, 2013. (mailed to unregistered counsel of record) (AYB) (Entered: 03/19/2013)
932013-03-22 MOTION for Lee E. Bains, Jr. to Appear Pro Hac Vice (Filing fee $ 90: K3021308) by 21st Mortgage Corporation, CMH Homes, Inc. (AYB) (Entered: 03/25/2013)
942013-03-22 MOTION for Edward S. Sledge IV to Appear Pro Hac Vice (Filing fee $ 90: K3021308) by 21st Mortgage Corporation, CMH Homes, Inc. (AYB) (Entered: 03/25/2013)
952013-03-22 MOTION for David T. Newton to Appear Pro Hac Vice (Filing fee $ 90: K3021308) by 21st Mortgage Corporation, CMH Homes, Inc. (AYB) (Entered: 03/25/2013)
962013-03-27 ORDER granting 93 , 94 and 95 Motions for Leave to Appear Pro Hac Vice of Lee E. Bains, Jr., Edward S. Sledge, IV and David T. Newton. Signed by District Judge Joseph M Hood on 3/27/13. (c/m along with ECF Requirement Letter) (ABF) (Entered: 03/27/2013)
972013-03-28 MOTION for Larry C. Deener to Appear Pro Hac Vice (Filing fee $ 90 PAID, Receipt #K3021355.) by Kevin T. Clayton w/ certificates of good standing from the Supreme Court of KY, KY Bar Association and the USDC Eastern District of KY attached. (ABF) (Entered: 03/29/2013)
982013-03-29 STATUS REPORT Joint by 21st Mortgage Corporation, CMH Homes, Inc. (Sledge, Edward) (Entered: 03/29/2013)
992013-04-02 ORDER granting 97 Motion for Larry C. Deener to Appear Pro Hac Vice. Signed by District Judge Joseph M Hood on April 2, 2013. (mailed to Mr. Deener) (AYB) (Entered: 04/02/2013)
1002013-04-04 MOTION for Entry of Judgment under Rule 54(b) by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Attachments: # 1 Text of Proposed Order Proposed Order and Final Judgment)(Sledge, Edward) (Entered: 04/04/2013)
1012013-04-05 MOTION for Summary Judgment by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Text of Proposed Order)(Sledge, Edward) (Entered: 04/05/2013)
1022013-04-05 STATEMENT of Material Facts re 101 MOTION for Summary Judgment filed by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Sledge, Edward) (Entered: 04/05/2013)
1032013-04-05 MEMORANDUM in Support of Motion re 101 MOTION for Summary Judgment filed by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Sledge, Edward) (Entered: 04/05/2013)
1042013-04-25 MOTION for William Edward Skees to Appear Pro Hac Vice (Filing fee $ 90: K3021561) by Kevin Carroll, Carroll's Mobile Homes, Inc., Carroll's Properties, LLC. (Attachments: # 1 Certificates of Good Standing) (AYB) (Entered: 04/26/2013)
1052013-04-26 ORDER granting 104 Motion for Attorney William Edward Skees to Appear Pro Hac Vice. Signed by District Judge Joseph M Hood on April 26, 2013. (mailed to Mr. Skees) (AYB) (Entered: 04/26/2013)
1062013-04-29 Unopposed MOTION for Extension of Time to File Response to 100 MOTION for Entry of Judgment under Rule 54(b) and 101 MOTION for Summary Judgment by Kevin Carroll, Carroll's Mobile Homes, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Letter) (AYB) (Entered: 04/30/2013)
1072013-05-01 ORDER granting 106 Plaintiff's Unopposed Motion for Extension of Time. Plaintiffs response to the pending Motion for Summary Judgment and Motion for Rule 54(b) certification of the dismissal of Plaintiffs' claims shall be due no later than May 9, 2013. Signed by District Judge Joseph M Hood on May 1, 2013. (emailed to Mr. Skees) (AYB) (Entered: 05/01/2013)
1082013-05-03 EXHIBIT LIST DEFENDANTS' EXHIBIT LIST by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton.. (Sledge, Edward) (Entered: 05/03/2013)
1092013-05-03 WITNESS LIST Witness List by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Newton, David) (Entered: 05/03/2013)
1102013-05-09 RESPONSE in Opposition re 101 MOTION for Summary Judgment filed by Kevin Carroll, Carroll's Mobile Homes, Inc., Carroll's Properties, LLC. (Attachments: # 1 Exhibit A. Deposition of Kevin Clayton part 1, # 2 Exhibit A. Deposition of Kevin Clayton part 2, # 3 Exhibit A. Deposition of Kevin Clayton part 3, # 4 Exhibit B. Clayton email, # 5 Exhibit C. Affidavit of Kevin Carroll, # 6 Exhibit D. Docket Report, # 7 Exhibit E. Affidavit of Otto Stemle, # 8 Exhibit F. Affidavit of Hollis Carroll, # 9 Exhibit G. Deposition of Matt Webb, # 10 Text of Proposed Order)(Skees, William) (Entered: 05/09/2013)
1112013-05-09 RESPONSE to 102 STATEMENT of Material Facts re 101 MOTION for Summary Judgment filed by Plaintiffs. (Attachments: # 1 Exhibit A1. Deposition of Kevin Clayton part one., # 2 Exhibit A2. Deposition of Kevin Clayton part two., # 3 Exhibit A3. Deposition of Kevin Clayton part three., # 4 Exhibit B. Clayton email., # 5 Exhibit C. Affidavit of Kevin Carroll., # 6 Exhibit D. Docket Report., # 7 Exhibit E. Affidavit of Otto Stemle., # 8 Exhibit F. Affidavit of Hollis Carroll., # 9 Exhibit G. Deposition of Matt Webb.) (Skees, William) Modified text and created docket relationship on 5/10/2013 (AYB). (Entered: 05/09/2013)
1122013-05-09 RESPONSE in Opposition re 100 MOTION for Entry of Judgment under Rule 54(b) filed by Kevin Carroll, Carroll's Mobile Homes, Inc., Carroll's Properties, LLC. (Attachments: # 1 Text of Proposed Order)(Skees, William) (Entered: 05/09/2013)
1132013-05-09 FINAL WITNESS LIST by Kevin Carroll, Carroll's Mobile Homes, Inc., Carroll's Properties, LLC. (Attachments: # 1 Letter) (AYB) (Entered: 05/10/2013)
1142013-05-09 Final EXHIBIT LIST by Kevin Carroll, Carroll's Mobile Homes, Inc., Carroll's Properties, LLC. (AYB) (Entered: 05/10/2013)
1152013-05-14 Unopposed MOTION for Extension of Time to File Response/Reply as to 101 MOTION for Summary Judgment , 100 MOTION for Entry of Judgment under Rule 54(b) by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Sledge, Edward) (Entered: 05/14/2013)
1162013-05-15 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 101 Defendants' MOTION for Summary Judgment by Carroll's Mobile Homes, Inc., Kevin Carroll, Carroll's Properties, LLC (Attachments: # 1 Affidavit of Daniel Montoya, # 2 Plaintiffs' Supplemental Statement of Undisputed Facts) (Skees, William) Modified on 5/15/2013 (AYB, ). (Entered: 05/15/2013)
1172013-06-03 REPLY to Response to Motion re 101 MOTION for Summary Judgment filed by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Attachments: # 1 Exhibit 1 - Order Denying Motion to Reconsider)(Sledge, Edward) (Entered: 06/03/2013)
1182013-06-03 REPLY STATEMENT OF UNDISPUTED MATERIAL FACTS and RESPONSE TO PLAINTIFFS' STATEMENT OF UNDISPUTED FACTS 102 and 111 Statement of Material Facts filed by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27) (Sledge, Edward) Modified text on 6/4/2013 (AYB). (Entered: 06/03/2013)
1192013-06-03 REPLY to Response to Motion re 100 MOTION for Entry of Judgment under Rule 54(b) filed by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Attachments: # 1 Exhibit 1)(Sledge, Edward) (Entered: 06/03/2013)
1202013-06-04 MEMORANDUM OPINION whereby 1) Defendant's Motion for Entry of Judgment under Rule 54(b) 100 is DENIED; 2) Defendant's Motion for Summary Judgment 101 is GRANTED and Plaintiffs' claims are DISMISSED WITH PREJUDICE; 3) Defendant's Counterclaim is DISMISSED AS MOOT. Signed by District Judge Joseph M Hood on June 4, 2013. (AYB) (Entered: 06/04/2013)
1212013-06-04 JUDGMENT, entered by the Clerk, 1) that Defendant's Motion for Entry of Judgment under Rule 54(b) 100 is DENIED; 2) that Defendant's Motion for Summary Judgment 101 is GRANTED and Plaintiffs' claims are DISMISSED WITH PREJUDICE; 3) that Defendant's Counterclaim is DISMISSED AS MOOT; 4) that all scheduled proceedings are CONTINUED GENERALLY; 5) that all pending motions are DENIED AS MOOT; and 6) that this Order is FINAL AND APPEALABLE and THERE IS NO JUST CAUSE FOR DELAY. Signed by District Judge Joseph M Hood on June 4, 2013. (AYB) (Entered: 06/04/2013)
1222013-07-05 BILL OF COSTS by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton.Bill of costs DDL set for 8/8/2013. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Sledge, Edward) (Entered: 07/05/2013)
1232013-07-08 Letter re: Bill of Costs to all counsel of record. (ABF) (Entered: 07/08/2013)
1242013-07-24 MOTION for Leave to File Motion to Retax Costs and Objection to Bill of Costs by Kevin Carroll, Carroll's Mobile Homes, Inc., Carroll's Properties, LLC. (Attachments: # 1 Exhibit A. Affidavit of Kevin Carroll, # 2 Text of Proposed Order)(Skees, William) Modified text on 8/21/2013 (AYB). (Entered: 07/24/2013)
1252013-07-25 ORDER denying as moot 124 Plaintiffs' Motion for Leave to file objections out of time. Plaintiffs' objections remain to be resolved by the Clerk in the manner prescribed by all applicable law and rules. Signed by District Judge Joseph M Hood on July 24, 2013. (AYB) (Entered: 07/25/2013)
1262013-08-06 RESPONSE to Motion re 124 MOTION for Leave to File Motion to Retax Costs and Objection to Bill of Costs filed by 21st Mortgage Corporation, CMH Homes, Inc, Kevin T. Clayton. (Sledge, Edward) Modified text on 8/21/2013 (AYB). (Entered: 08/06/2013)
1272013-08-14 REPLY to Response to Motion re 124 MOTION for Leave to File Motion to Retax Costs and Objection to Bill of Costs filed by Kevin Carroll, Carroll's Mobile Homes, Inc., Carroll's Properties, LLC. (Skees, William) Modified text on 8/21/2013 (AYB). (Entered: 08/14/2013)
1282013-10-17 FINDINGS OF THE CLERK re: 122 Bill of Costs taxing costs against Plaintiffs and in favor of the Defendants in the amount of $5,297.10. (KMK) (Entered: 10/17/2013)