Case details

Court: gand
Docket #: 1:13-cv-02986
Case Name: Cook et al v. Bank of America Corporation, N.A. et al
PACER case #: 198138
Date filed: 2013-09-06
Date terminated: 2013-11-13
Assigned to: Judge Amy Totenberg
Case Cause: 28:1444 Petition for Removal- Foreclosure
Nature of Suit: 220 Real Property: Foreclosure
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Allen Cook
Plaintiff
Allen Cook
3336 Woodlaurel Drive Snellville, GA 30078 678-910-5342 PRO SE

Nadja Cook
Plaintiff
Nadja Cook
3336 Woodlaurel Drive Snellville, GA 30078 678-910-5343 PRO SE

Bank of America Corporation, N.A.
Defendant
Andrew G. Phillips
McGuire Woods LLP-GA 1230 Peachtree Street, N.E. Suite 2100, Promenade II Atlanta, GA 30309 404-443-5724 Fax: 404-443-5773 Email: aphillips@mcguirewoods.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jarrod Sean Mendel
McGuire Woods LLP-GA 1230 Peachtree Street, N.E. Suite 2100, Promenade II Atlanta, GA 30309 404-443-5713 Fax: 404-443-5687 Email: jmendel@mcguirewoods.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

McCalla Raymer, LLC
Defendant
Brett Christian Giordano
McCalla Raymer LLC GA 900 Holcomb Woods Parkway Roswell, GA 30076 678-281-3931 Email: bcg@mccallaraymer.com
ATTORNEY TO BE NOTICED

Steven J. Flynn
McCalla Raymer LLC GA 900 Holcomb Woods Parkway Roswell, GA 30076 678-281-6440 Fax: 800-870-1445 Email: sjf@mccallaraymer.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-09-06 1 0 NOTICE OF REMOVAL with COMPLAINT filed by Bank of America Corporation, N.A. (Filing fee $400 receipt number 113E-4774170) (Attachments: # 1 Exhibit A Part 1 Verified Complaint for Bad Faith Breach of Contract, Injunctive Relief, Declaratory Relief, Quiet Title & Equitable Relief and Damages with Exhibits A,A1 and B, # 2 Exhibit A Part 2 Exhibits B1,C,C1,D,D1,E,E1,F,F1,G-I,I1,J-N, # 3 Exhibit B, # 4 Exhibit C, # 5 Civil Cover Sheet) (bdb) 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. (Entered: 09/10/2013)
2013-09-06 2 0 Certificate of Interested Persons and Corporate Disclosure Statement by Bank of America Corporation, N.A. identifying Corporate Parent Bank of America, N.A., Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent BANA Holding Corporation for Bank of America Corporation, N.A. (bdb) (Entered: 09/10/2013)
2013-09-13 3 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Bank of America Corporation, N.A.. (Attachments: # 1 Brief)(Mendel, Jarrod) (Entered: 09/13/2013)
2013-09-23 4 0 ORDER DECLINING CASE. Case reassigned to Judge Amy Totenberg for all further proceedings. Judge Charles A. Pannell, 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 1:13-cv-2986-AT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Charles A. Pannell, Jr on 9/23/2013. (adg) (Entered: 09/24/2013)
2013-09-24 5 0 NOTICE of District Judge Reassignment. (adg) (Entered: 09/24/2013)
2013-09-25 6 0 Guidelines to Parties and Counsel in Cases Proceeding Before The Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 9/25/13. (hfm) (Entered: 09/25/2013)
2013-10-01 7 0 MOTION for Leave to File Excess Pages by Allen Cook, Nadja Cook. (hfm) (Entered: 10/02/2013)
2013-10-01 8 0 RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Allen Cook, Nadja Cook. (Attachments: # 1 Certificate of Service)(hfm) Modified on 10/4/2013 to create document relationship to applicable motion event (hfm). (Entered: 10/02/2013)
2013-10-02 9 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by McCalla Raymer, LLC. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Giordano, Brett) (Entered: 10/02/2013)
2013-10-02 10 0 Certificate of Interested Persons by McCalla Raymer, LLC. (Giordano, Brett) (Entered: 10/02/2013)
2013-10-03 11 0 RESPONSE in Opposition re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Allen Cook, Nadja Cook. (hfm) (Entered: 10/04/2013)
2013-10-04 12 0 MOTION to Stay Discovery and Pretrial Deadlines with Brief In Support by McCalla Raymer, LLC. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Giordano, Brett) (Entered: 10/04/2013)
2013-10-07 13 0 ORDER granting in part 12 Motion to Stay Deadlines. The deadlines for certain pretrial obligations are modified as follows: (1) The parties shall participate in a Rule 26(f) conference within sixteen (16) days after the filing of an answer by any defendant, if an answer is required; (2) The parties shall file a Joint Preliminary Report and Discovery Plan as required by LR 16.2, NDGa no later than thirty (30) days after the filing of an answer by any defendant, if an answer is required; (3) The parties shall make the initial disclosures required by Fed. R. Civ. P. 26(a)(1) within thirty (30) days of the filing of an answer, if an answer is required. Plaintiffs Motion for Leave to Exceed Page Limit 7 is GRANTED nunc pro tunc. Signed by Judge Amy Totenberg on 10/7/13. (hfm) (Entered: 10/07/2013)
2013-10-17 14 0 REPLY to Response to Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bank of America Corporation, N.A.. (Mendel, Jarrod) (Entered: 10/17/2013)
2013-10-24 15 0 MOTION for Default Judgment as to Bank of America Corporation, N.A. by Allen Cook, Nadja Cook. (hfm) (Entered: 10/25/2013)
2013-11-06 16 0 RESPONSE in Opposition re 15 MOTION for Default Judgment as to Bank of America Corporation, N.A. filed by Bank of America Corporation, N.A.. (Mendel, Jarrod) (Entered: 11/06/2013)
2013-11-13 17 0 ORDER granting 3 Motion to Dismiss for Failure to State a Claim; granting 9 Motion to Dismiss for Failure to State a Claim; denying 15 Motion for Default Judgment. Plaintiffs claims asserted in Plaintiffs Complaint and argued in their Response to Defendants Motion to Dismiss make the filing of a re-drafted complaint futile. Thus, the Clerk is DIRECTED to close the case. Signed by Judge Amy Totenberg on 11/13/13. (hfm) (Entered: 11/13/2013)
2013-11-13 18 0 CLERK'S JUDGMENT entered dismissing action. (hfm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 11/13/2013)