Hyman v. Select Portfolio Servicing et al (1:14-cv-02845), Georgia Northern District Court (2024)

Tuesday, January 27, 2015 15 15 miscJudgment - Clerk Tue 01/27 3:35 PM
CLERK'S JUDGMENT ENTERED that the action be dismissed with prejudice. (bdb)

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14 14 orderOrder on Final Report and Recommendation Tue 01/27 3:24 PM
ORDER adopting12 Final Report and Recommendation. Case is DISMISSED WITH PREJUDICE. Signed by Judge Eleanor L. Ross on 1/27/2015. (bdb)

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utilitySubmission to District Judge Tue 01/27 11:19 AM
Submission of12 FINAL REPORT AND RECOMMENDATION re1 Notice of Removal, filed by Electronic Registration Systems Inc., Select Portfolio Servicing. Submitted to District Judge Eleanor L. Ross. (bdb)

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utilityClerks Certificate of Mailing Tue 01/27 3:39 PM
Clerks Certificate of Mailing as to David F. Hyman re14 Order and15 Clerk's Judgment. (bdb)

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utilityTerminate Civil Case Tue 01/27 3:45 PM
Civil Case Terminated. (bdb)

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Monday, January 05, 2015 13 13 orderOrder for Service of Report and Recommendation Mon 01/05 2:28 PM
ORDER for Service of12 Final Report and Recommendation, by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 1/5/15. (klb)

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12 12 motionReport and Recommendation - Final Mon 01/05 2:27 PM
FINAL REPORT AND RECOMMENDATION - Plaintiff pro se, David F. Hyman, failed to file a response to the Motions to Dismiss filed by defendants Rubin Lublin LLC3 and Select Portfolio Servicing, Inc., Mortgage Electronic Registration Systems, Inc., and Bank of New York Mellon f/k/a/ the Bank of New York9 . The undersigned issued an Order11 on November 25, 2014, directing Mr. Hyman to file a response within fourteen days. That Order cautioned plaintiff that failure to obey would result in a recommendation that his case be dismissed with prejudice. Mr. Hyman has disregarded that Order and has filed no response. Plaintiff has apparently lost interest in pursuing this lawsuit. Therefore, the undersigned RECOMMENDS that this case be DISMISSED WITH PREJUDICE for plaintiffs failure to prosecute. Signed by Magistrate Judge Walter E. Johnson on 1/5/15. (klb)

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utilityClerks Certificate of Mailing Mon 01/05 2:28 PM
Clerks Certificate of Mailing as to David F. Hyman re12 FINAL REPORT AND RECOMMENDATION and13 Order for Service of Final Report and Recommendation. (klb)

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Wednesday, November 26, 2014 Case Reassigned to Judge Eleanor L. Ross. Judge Thomas W. Thrash, Jr. no longer assigned to case. -- NOTICE TO ALL COUNSEL OF RECORD : The Judge designation in the civil action number assigned to this case has been changed to 1:14-cv-02845- ELR -WEJ. Please make note of this change in order to facilitate the docketing of pleadings in this case.-- (bdb)

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Clerks Certificate of Mailing as to David F. Hyman re NEF of Case Reassigned. (bdb)

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Submission of3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Submitted to Magistrate Judge Walter E. Johnson. (bdb)

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Tuesday, November 25, 2014 11 11 ORDER re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Electronic Registration Systems Inc., Select Portfolio Servicing, The Bank of New York Mellon. The undersigned ORDERS Mr. Hyman to file a written response to the pending motion to dismiss within FOURTEEN DAYS (14) of the date of this Order. Plaintiff is CAUTIONED that failure to obey this Order will result in a Recommendation that his case be DISMISSED WITH PREJUDICE. See N.D. Ga. R. 41.3(A)(2), (B)([A] dismissal for want of prosecution operates as an adjudication upon the merits of the action unless the court specifies otherwise....). Signed by Magistrate Judge Walter E. Johnson on 11/25/14. (klb)

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Clerks Certificate of Mailing as to David F. Hyman re11 Order. (klb)

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Monday, November 10, 2014 Clerks Notation re10 Certificate of Interested Persons, OK, per TWT. (ss)

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Thursday, November 06, 2014 10 10 Certificate of Interested Persons and Corporate Disclosure Statement by Electronic Registration Systems Inc., Select Portfolio Servicing, The Bank of New York Mellon identifying Corporate Parent SPS Holding Corp., Other Affiliate Credit Suisse (USA), Inc. for Select Portfolio Servicing; Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon; Corporate Parent Merscorp Holdings, Inc. for Electronic Registration Systems Inc.. (Campbell, Elizabeth)

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Wednesday, November 05, 2014 9 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Electronic Registration Systems Inc., Select Portfolio Servicing, The Bank of New York Mellon.(Gallegos, Jessica)

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Att: 1 Brief Memorandum in Support of Motion to Dismiss, Att: 2 Exhibit A - Note, Att: 3 Exhibit B - Orders, Att: 4 Exhibit C - Deed Under Power, Att: 5 Exhibit D - Notices of Foreclosure, Att: 6 Exhibit E - Notice of DefaultFriday, October 31, 2014 8 8 ORDER REFERRING CASE to Magistrate Judge Walter E. Johnson. Signed by Judge Thomas W. Thrash, Jr on 10/30/14. (dr)

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Clerks Certificate of Mailing as to David F. Hyman re8 Order Referring Case to Magistrate Judge (dr)

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Submission of3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to Magistrate Judge Walter E. Johnson. (dr)

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Thursday, October 16, 2014 Clerks Certificate of Mailing as to David F. Hyman re7 Order. (dr)

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Wednesday, October 15, 2014 7 7 ORDER denying2 Motion for TRO, Motion for Preliminary Injunction. Signed by Judge Thomas W. Thrash, Jr on 10/15/14. (dr)

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Friday, October 03, 2014 Submission of3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge Thomas W. Thrash. (dr)

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Wednesday, September 24, 2014 Submission of2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, submitted to District Judge Thomas W. Thrash. (dr)

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Monday, September 15, 2014 6 6 ORDER granting4 Motion to Stay Pretrial Deadlines pending the Court's ruling on Defendant Lublin's Motion to Dismiss.. Signed by Judge Thomas W. Thrash, Jr on 9/15/2014. (ss)

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Wednesday, September 10, 2014 5 5 Corporate Disclosure Statement by Rubin Lublin LLC by Rubin Lublin LLC.(Campbell, Jody)

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4 4 MOTION to Stay Pretrial Deadlines with Brief In Support by Rubin Lublin LLC.(Campbell, Jody)

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Att: 1 Brief in Support, Att: 2 Text of Proposed Order 3 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Rubin Lublin LLC.(Campbell, Jody)

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Att: 1 Brief in Support, Att: 2 Exhibit "A" - Warranty Deed, Att: 3 Exhibit "B" - Security Deed, Att: 4 Exhibit "C" - Assignment, Att: 5 Exhibit "D" - Original Complaint, Att: 6 Exhibit "E" - Dismissal OrderWednesday, September 03, 2014 2 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by David F. Hyman. (Filed in Superior Court of Fulton County) (dr)

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1 1 NOTICE OF REMOVAL with COMPLAINT, filed by Select Portfolio Servicing, Electronic Registration Systems Inc. (Filing fee $400 receipt number 113E-5377459)(dr) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

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Att: 1 Exhibit A, Att: 2 Exhibit B, Att: 3 Civil Cover Sheet
Hyman v. Select Portfolio Servicing et al (1:14-cv-02845), Georgia Northern District Court (2024)

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