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Latham v. Five Brothers Mortgage Company Services and Securing, Inc. et al (1:15-cv-01554), Colorado District Court


Latham v. Five Brothers Mortgage Company Services and Securing, Inc. et al

Case Filed:Jul 23, 2015
Terminated:Oct 20, 2015
Last checked: Tuesday Jan 19, 2016 5:14 AM MST

Defendant

Colorado Restorations Plus, LLC

4885 Scranton Court
Denver, CO 80239

Defendant

Tamara Lee Frawley

4885 Scranton Court
Denver, CO 80239

Defendant

Eddie Brown

Defendant

Five Brothers Mortgage Company Services and Securing, Inc.

Represented By

Henry L. Solano
Wilson Elser Moskowitz Edelman & Dicker, Llp-Denver
contact info

Plaintiff

Susan Latham

Represented By

James D. Kilroy
Snell & Wilmer, Llp-Denver
contact info Erik Gerard Nielsen
Snell & Wilmer, Llp-Denver
contact info
Docket last updated: 3 hours ago
37 37 appeal USCA Mandate Fri 7:58 AM
MANDATE of USCA as to29 Notice of Appeal filed by Susan Latham,36 USCA Order/Judgment, : (USCA Case No. 15-1448 (evana, )
36 36 appeal USCA Order/Opinion/Judgment Thu 10:58 AM
USCA Order and Judgment as to29 Notice of Appeal filed by Susan Latham : (USCA Case No. 15-1448 Like the district judge, we can tease no viable claim under the FDCPA from Susans complaint. AFFIRMED. (This document is not the Mandate) (evana, )
Att: 1 cover letter to Order and Judgment
35 35 appeal Letter re Record Complete Wed 10:58 AM
LETTER TO USCA and all counsel certifying the record is complete as to29 Notice of Appeal filed by Susan Latham. All transcripts ordered are now on file as of2/1/2016 . ( Appeal No. 15-1448 Text Only Entry (evana, )
34 34 misc Transcript Mon 4:39 PM
TRANSCRIPT of Motions Hearing held onOctober 20, 2015before Matsch. Pages: 1-17. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., )
33 33 appeal Reporter Transcript Order Form Fri 5:27 PM
REPORTER TRANSCRIPT ORDER FORM filed by Kathy Terasaki re:29 Notice of Appeal. Transcript due by2/10/2016 . (nrich)
32 32 appeal Transcript Order Form Thu 3:42 PM
TRANSCRIPT ORDER FORM re29 Notice of Appeal by Plaintiff Susan Latham (Kilroy, James)
31 31 appeal USCA Case Number Fri 2:59 PM
USCA Case Number 15-1448 for29 Notice of Appeal filed by Susan Latham. (evana, )
30 30 appeal Letter Transmitting Notice of Appeal Fri 11:00 AM
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the29 Notice of Appeal filed by Susan Latham to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,)(evana, )
Att: 1 Docket Sheet,
Att: 2 Preliminary Record
29 29 appeal Notice of Appeal Thu 1:36 PM
NOTICE OF APPEAL as to28 Clerk's Judgment,27 Order,26 Order, by Plaintiff Susan Latham (Filing fee $ 505, Receipt Number 1082-4706034) (Kilroy, James)
28 28 order Judgment - Clerk Tue 2:12 PM
JUDGMENT by Clerk The first claim for relief in the first amended complaint is dismissed with prejudice and the remaining claims against Five Brothers Mortgage Company Services and Securing Inc.; Eddie Brown; Tamara Lee Frawley and Colorado Restorations Plus, LLC, are dismissed without prejudice, by Judge Richard P. Matsch on 10/20/15. (ktera)
27 27 order Order Tue 2:00 PM
ORDER DISMISSING DEFENDANTS EDDIE BROWN, TAMARA LEE FRAWLEY AND COLORADO RESTORATIONS PLUS, LLC, WITHOUT PREJUDICE Pursuant to the hearing held today and the Order Dismissing Five Brothers Mortgage Company Services and Securing Inc. entered by this Court, because there is no jurisdiction to proceed in this court, the complaint is dismissed without prejudice as to the remaining defendants, by Judge Richard P. Matsch on 10/20/15. (ktera)
26 26 order Order Tue 1:50 PM
ORDER DISMISSING FIVE BROTHERS MORTGAGE COMPANY SERVICES AND SECURING INC. The first claim for relief in the first amended complaint is dismissed with prejudice and the remaining claims against Five Brothers Mortgage Company Services and Securing Inc. are dismissed without prejudice, by Judge Richard P. Matsch on 10/20/15. (ktera)
25 25 minutes Motion Hearing Order on Motion to Dismiss for Failure to State a Claim Tue 10:50 AM
COURTROOM MINUTES for Motion Hearing held before Judge Richard P. Matsch on10/20/2015 . Five Brothers Mortgage Company Services and Securing Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to F.R.C.P Rule 12(b)(6) for Failure to State a Claim20 is granted as to plaintiff's claim under the Fair Debt Collection Practices Act. This Court has no jurisdiction to rule on the motion to dismiss the common law claims. FTR: K. Terasaki. (ebuch)
24 24 order Order Setting Hearing on Motion Thu 2:42 PM
MINUTE ORDER

The motion to dismiss20 is set for hearing onOctober 20, 2015 , at 10:00 a.m. in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 10/15/15. (ktera)

23 23 respm Response to Motion Tue 9:13 PM
RESPONSE to20 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Susan Latham.(Kilroy, James)
Att: 1 Exhibit A-Complaint
22 22 service Affidavit/Return of Service - Executed - Complaint Wed 11:52 AM
SUMMONS Returned Executed by Susan Latham. Tamara Lee Frawley served on9/18/2015 , answer due10/9/2015 . (Nielsen, Erik)
21 21 service Affidavit/Return of Service - Executed - Complaint Wed 11:45 AM
SUMMONS Returned Executed by Susan Latham. Colorado Restorations Plus, LLC served on9/18/2015 , answer due10/9/2015 . (Nielsen, Erik)
20 20 motion Dismiss for Failure to State a Claim Fri 5:03 PM
MOTION to Dismiss for Failure to State a Claim by Defendant Five Brothers Mortgage Company Services and Securing, Inc..(Solano, Henry)
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F
19 19 order Order on Motion for Extension of Time to Answer or Otherwise Respond Tue 1:46 PM
ORDER Granting18 defendant Five Brothers unopposed motion for extension of time, to and includingSeptember 18, 2015 , to file a responsive pleading, by Judge Richard P. Matsch on 9/8/15. (ktera)
18 18 motion Extension of Time to File Answer or Otherwise Respond Tue 9:22 AM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's first amended pleading by Defendant Five Brothers Mortgage Company Services and Securing, Inc.. (Solano, Henry)
17 17 service Affidavit/Return of Service - Executed - Complaint Thu 3:35 PM
SUMMONS Returned Executed by Susan Latham. Eddie Brown served on9/2/2015 , answer due9/23/2015 . (Nielsen, Erik)
16 16 misc Summons Issued Fri 8:55 AM
SUMMONS issued by Clerk. (cthom, )
15 15 misc Summons Issued Fri 8:54 AM
SUMMONS issued by Clerk. (cthom, )
14 14 misc Summons Request Thu 2:37 PM
SUMMONS REQUEST as to Colorado Restorations Plus, LLC by Plaintiff Susan Latham. (Nielsen, Erik)
13 13 misc Summons Request Thu 2:35 PM
SUMMONS REQUEST as to Tamara Lee Frawley re12 Amended Complaint by Plaintiff Susan Latham. (Nielsen, Erik)
12 12 cmp Amended Complaint Fri 5:28 PM
AMENDED COMPLAINT against All Defendants, filed by Susan Latham.(Kilroy, James)
11 11 service Affidavit/Return of Service - Executed - Complaint Fri 9:07 AM
SUMMONS Returned Executed by Susan Latham. Eddie Brown served on8/12/2015 , answer due9/2/2015 . (Nielsen, Erik)
10 10 service Affidavit/Return of Service - Executed - Complaint Thu 10:15 AM
SUMMONS Returned Executed by Susan Latham. Eddie Brown served on8/10/2015 , answer due8/31/2015 . (Nielsen, Erik)
9 9 service Affidavit/Return of Service - Executed - Complaint Wed 9:02 AM
SUMMONS Returned Executed by Susan Latham. (Nielsen, Erik)
8 8 service Affidavit/Return of Service - Executed - Complaint Wed 8:56 AM
SUMMONS Returned Executed by Susan Latham served on8/3/2015 , to Registered agent for Five Brothers Mortgage Company Services and Securing Inc. answer due8/24/2015 . (Nielsen, Erik) (Modified on8/5/2015edited the text to reflect service by Susan Latham)(evana)
7 7 misc Summons Issued Wed 3:09 PM
SUMMONS issued by Clerk as to Eddie Brown. Magistrate Judge Consent form issued pursuant to Local Rule (evana, )
Att: 1 Summons as to Five Brothers Mortgage Company,
Att: 2 Magistrate Judge Consent Form
6 6 misc Summons Request Wed 11:27 AM
SUMMONS REQUEST as to Five Brothers Mortgage Company Services and Securing [correcting ECF 4] by Plaintiff Susan Latham. (Kilroy, James)
5 5 misc Summons Request Wed 11:18 AM
SUMMONS REQUEST as to Eddie Brown by Plaintiff Susan Latham. (Kilroy, James)
4 4 misc Summons Request Wed 11:14 AM
SUMMONS REQUEST as to Five Brothers Mortgage Company Services and Securing by Plaintiff Susan Latham. (Kilroy, James) (Modified on7/29/2015Refiled at docket6 , for issuing of Summons)(evana, )
3 3 misc Magistrate Judge Consent Form Thu 1:51 PM
No Summons Issued. Magistrate Judge Consent Form issued pursuant to Local Rule (sphil, )
2 2 misc Case Assigned to Judge Thu 1:50 PM
Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Michael J. Watanabe. Text Only Entry (sphil, )
1 1 cmp Complaint Thu 9:12 AM
COMPLAINT against Eddie Brown, Five Brothers Mortgage Company Services and Securing, Inc. (Filing fee $ 400,Receipt Number 1082-4518123)Attorney James D. Kilroy added to party Susan Latham(pty:pla), filed by Susan Latham.(Kilroy, James)
Att: 1 Civil Cover Sheet


Category: Mortgage services

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