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Case TitleWalker v. Bank of America
DistrictMiddle District of Pennsylvania
CityScranton
Case Number3:2012cv02607
Date Filed2012-12-28
Date Closed2013-06-24
JudgeHonorable Robert D. Mariani
PlaintiffBen Walker
PlaintiffSandy Walker
TERMINATED: 01/29/2013
DefendantBank of America
AppealThird Circuit 13-4445
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [32]
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-12-281COMPLAINT against Bank of America ( Filing fee $350, Receipt Number 027004), filed by Ben Walker. (Attachments: # 1 Civil Cover Sheet)(ep) (Additional attachment(s) added on 12/28/2012: # 2 Filing Fee Receipt) (ep). (Entered: 12/28/2012)
2013-01-022Summons Issued as to Bank of America and provided TO Plaintiff VIA U.S. MAIL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 Summons Packet) (bg) (Entered: 01/02/2013)
2013-01-243AMENDED COMPLAINT against Bank of America, filed by Ben Walker, Sandy Walker. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q)(bg) (Entered: 01/24/2013)
2013-01-284Summons Issued as to Bank of America and provided to Plaintiff VIA U.S. MAIL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 Summons Packet) (bg) (Entered: 01/28/2013)
2013-01-295SECOND AMENDED COMPLAINT against All Defendants, filed by Ben Walker. (Attachments: # 1 Exhibits A - G, # 2 Exhibits H - Q)(rm) (Entered: 01/29/2013)
2013-01-316ORDER (1) Clerk is directed to correct the docket to reflect that Dcoument #5 is the Second Amended Complaint filed only by PLtf Ben Walker. (2) The Clerk is directed to remove Sandy Walker's name from the docket. (3) The Clerk is directed to issue the Summons and mail the Summons together with this Order to Pltf Ben Walker. (4) Pltf Ben Walker is directed to serve his 2nd Amended Complaint upon Deft Bank of America in accordance w/Rule 4 of the FRCP. (5)The Clerk is further directed to provide Pltf & Deft with a form Notice/Consent. (6) Deft is requested to Waive Service pursuant to Rule 4(d) of the FRCP. Signed by Magistrate Judge Thomas M. Blewitt on 1/31/2013. (rm) (Entered: 01/31/2013)
2013-01-317Summons Issued as to Bank of America and provided TO ATTORNEY VIA U.S. MAIL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). # 1 Summons Packet) (rm). (Entered: 01/31/2013)
2013-02-288SUMMONS Returned Executed by Ben Walker. Bank of America served on 2/7/2013, answer due 2/28/2013. (bg) (Entered: 02/28/2013)
2013-03-049MOTION for Entry of Default by Ben Walker.(bg) (Entered: 03/04/2013)
2013-03-0410Clerk's ENTRY OF DEFAULT as to Bank of America.Signed by Deputy Clerk on 3/4/2013. (bg) (Entered: 03/04/2013)
2013-03-0511NOTICE of Appearance by Andrew J. Soven on behalf of Bank of America (Soven, Andrew) (Entered: 03/05/2013)
2013-03-0512DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Bank of America identifying Corporate Parent Bank of America Corporation for Bank of America. (Soven, Andrew) (Entered: 03/05/2013)
2013-03-0513MOTION to Dismiss Plaintiff's Complaint and Certificate of Service by Bank of America.(Soven, Andrew) (Entered: 03/05/2013)
2013-03-0514BRIEF IN SUPPORT and Certificate of Service re 13 MOTION to Dismiss Plaintiff's Complaint and Certificate of Service filed by Bank of America.(Soven, Andrew) (Entered: 03/05/2013)
2013-03-0715MOTION for Default Judgment by Ben Walker.(bg) (Entered: 03/07/2013)
2013-03-0816MOTION to Set Aside Default PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(c) AND OPPOSITION TO MOTION FOR DEFAULT JUDGMENT and CERTIFICATE OF SERVICE by Bank of America. (Attachments: # 1 Exhibit(s) A)(Soven, Andrew) (Entered: 03/08/2013)
2013-03-0817BRIEF IN SUPPORT and Certificate of Service re 16 MOTION to Set Aside Default PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(c) AND OPPOSITION TO MOTION FOR DEFAULT JUDGMENT and CERTIFICATE OF SERVICE filed by Bank of America. (Attachments: # 1 Exhibit(s) A)(Soven, Andrew) (Entered: 03/08/2013)
2013-03-1318MOTION for Extension of Time to File Brief in opposition to 16 MOTION to Set Aside Default PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(c) AND OPPOSITION TO MOTION FOR DEFAULT JUDGMENT and CERTIFICATE OF SERVICE filed by Ben Walker.(bg) (Entered: 03/13/2013)
2013-03-1319MOTION for Extension of Time to respond to Disclosure Statement by Ben Walker.(bg) (Entered: 03/13/2013)
2013-03-1320MOTION for Extension of Time to File Brief in opposition to 13 MOTION to Dismiss Plaintiff's Complaint and Certificate of Service filed by Ben Walker.(bg) (Entered: 03/13/2013)
2013-03-1421ORDER denying as premature 18 Motion for Extension of Time to File Response/Reply ; denying as moot 19 Motion to Extend Time; denying as premature 20 Motion for Extension of Time to File Response/Reply Signed by Magistrate Judge Thomas M. Blewitt on 3/14/13 (ms) (Entered: 03/14/2013)
2013-03-1522MOTION for Extension of Time to File Brief to 16 MOTION to Set Aside Default PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(c) AND OPPOSITION TO MOTION FOR DEFAULT JUDGMENT and CERTIFICATE OF SERVICE filed by Ben Walker.(bg) (Entered: 03/15/2013)
2013-03-1923ORDER denying as premature 22 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Thomas M. Blewitt on 3/18/2013 (bg) (Entered: 03/19/2013)
2013-03-1924BRIEF IN OPPOSITION re 13 MOTION to Dismiss Plaintiff's Complaint and Certificate of Service filed by Ben Walker.(bg) (Entered: 03/19/2013)
2013-03-2225BRIEF IN OPPOSITION re 16 MOTION to Set Aside Default PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(c) AND OPPOSITION TO MOTION FOR DEFAULT JUDGMENT and CERTIFICATE OF SERVICE filed by Ben Walker.(bg) (Entered: 03/22/2013)
2013-04-0526REPLY BRIEF re 13 MOTION to Dismiss Plaintiff's Complaint and Certificate of Service filed by Bank of America.(Soven, Andrew) (Entered: 04/05/2013)
2013-04-0527REPLY BRIEF re 16 MOTION to Set Aside Default PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(c) AND OPPOSITION TO MOTION FOR DEFAULT JUDGMENT and CERTIFICATE OF SERVICE filed by Bank of America.(Soven, Andrew) (Entered: 04/05/2013)
2013-04-1528SUR REPLY to REPLY to Response to Motion re 13 MOTION to Dismiss Plaintiff's Complaint and Certificate of Service filed by Ben Walker.(lh) (Entered: 04/15/2013)
2013-04-1529SUR REPLY to REPLY to Response to Motion re 16 MOTION to Set Aside Default PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(c) AND OPPOSITION TO MOTION FOR DEFAULT JUDGMENT and CERTIFICATE OF SERVICE filed by Ben Walker.(lh) (Entered: 04/15/2013)
2013-04-1730PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Andrew J. Soven on behalf of Bank of America Attorney Michael Falk is seeking special admission. Filing fee $ 50, receipt number 0314-2756021.. (Soven, Andrew) (Entered: 04/17/2013)
2013-04-1831SPECIAL ADMISSIONS FORM APPROVED as to Michael C. FalkSigned by Magistrate Judge Thomas M. Blewitt on 4/18/2013. (cw) (Entered: 04/18/2013)
2013-04-1932REPORT AND RECOMMENDATIONS re 5 Amended Complaint filed by Ben Walker, 16 MOTION to Set Aside Default PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 55(c) AND OPPOSITION TO MOTION FOR DEFAULT JUDGMENT and CERTIFICATE OF SERVICE filed by Bank of America, 15 MOTION for Default Judgment as to filed by Ben Walker, 13 MOTION to Dismiss Plaintiff's Complaint and Certificate of Service filed by Bank of America Objections to R&R due by 5/6/2013Signed by Magistrate Judge Thomas M. Blewitt on 4/19/2013. (Attachments: # 1 Part 1 of R&R)(cw) (Entered: 04/19/2013)
2013-05-0633OBJECTION to 32 Report and Recommendations. (bg) (Entered: 05/06/2013)
2013-05-0834Letter dated 5/7/13 from Ben Walker re: Objections to R&R (bg) (Entered: 05/08/2013)
2013-05-2335RESPONSE by Bank of America to 33 Objection to Report and Recommendations and Certificate of Service . (Soven, Andrew) (Entered: 05/23/2013)
2013-06-2436ORDER ADOPTING REPORT AND RECOMMENDATIONS ; ORDER DISMISSING CASE; Signed by Honorable Robert D. Mariani on 6/24/2013. (bg) (Entered: 06/24/2013)
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by FOIA Project Staff
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