This case was last updated from U.S. District Courts on 07/12/2020 at 13:51:57 (UTC).

Cunningham et al v. Wells Fargo Bank, National Association et al

Case Summary

On 05/21/2019 Cunningham filed a Property - Foreclosure lawsuit against Wells Fargo Bank, National Association. This case was filed in U.S. District Courts, Georgia Northern District. The Judge overseeing this case is Thomas W. Thrash, Jr. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-02296

  • Filing Date:

    05/21/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

  • Courthouse:

    Georgia Northern District

Judge Details

Presiding Judge

Thomas W. Thrash, Jr

 

Party Details

Plaintiffs

Vernessa S. Cunningham

Herman Cunningham

Defendants

Wells Fargo Bank, National Association

Nationstar Mortgage LLC

Nationstar Mortgage LLC doing business as Mr. Cooper

Attorney/Law Firm Details

Plaintiff Attorney

Richard S. Alembik

Attorney at Richard S. Alembik, PC

315 West Ponce De Leon Avenue, Suite 250

Decatur, GA 30030

Defendant Attorney

Paul Anthony Rogers

Attorney at McGuire Woods LLP-GA

1230 Peachtree Street, N.E., Promenade, Suite 2100

Atlanta, GA 30309-3534

 

Court Documents

#23

(#23) CERTIFICATE OF SERVICE of Discovery (Plaintiffs' Initial Disclosures) by Herman Cunningham, Vernessa S. Cunningham.(Alembik, Richard) (Entered: 07/15/2019)

#22

(#22) JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Nationstar Mortgage LLC, Wells Fargo Bank, National Association. (Rogers, Paul) (Entered: 07/11/2019)

#21

(#21) CERTIFICATE OF SERVICE OF DISCOVERY REQUESTS (Requests for Production of Documents and Electronically Stored Information of Plaintiff Herman Cunningham to Nationstar Mortgage, LLC d/b/a Mr. Cooper and Notice Regarding Electronically-Stored Information) by Herman Cunningham.(Alembik, Richard) (Entered: 07/01/2019)

#20

(#20) CONSENT PRELIMINARY INJUNCTION ORDER. Signed by Judge Thomas W. Thrash, Jr. on 6/20/2019. (sap) (Entered: 06/20/2019)

#19

(#19) Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Telephone Conference held on 6/19/2019 for a status conference. Counsel addressed the Court regarding case status and preliminary injunction. Counsel agreed to a preliminary injunction. Mr. Alembik to submit a proposed preliminary injunction order to the Court, with Mr. Rogers to approve as to form and content. (Court Reporter Diane Peede) (sap) (Entered: 06/20/2019)

#18

(#18) PROPOSED CONSENT ORDER re #6 MOTION for Preliminary Injunction. (Alembik, Richard) (Entered: 06/19/2019)

#17

(#17) NOTICE TO COUNSEL OF RECORD for Herman Cunningham and Vernessa S. Cunningham regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. re #16 Plaintiffs' Exhibits. (sap) (Entered: 06/19/2019)

#7

Funds Deposited per #7 Order: $ 1,087.83, receipt number GAN100113902 (sap) (Entered: 07/10/2019)

1 #8

Civil Cover Sheet

1 #7

Exhibit "G" -- CFPB Data Set

1 #6

Exhibit ""F" -- Jan. 30, 2019 Letter

1 #5

Exhibit "E" -- Proof of Delivery

1 #4

Exhibit "D" -- Notice of Error

1 #3

Exhibit ""C" -- Second Assignment

1 #2

Exhibit "B" -- First Assignment

1 #1

Exhibit "A" -- Security Deed

#1

(#14) ANSWER to #1 COMPLAINT by Nationstar Mortgage LLC, Wells Fargo Bank, National Association. Discovery ends on 11/12/2019.(Rogers, Paul) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/13/2019)

37 More Documents Available

 

Docket Entries

  • 07/15/2019
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  • Docket(#23) CERTIFICATE OF SERVICE of Discovery (Plaintiffs' Initial Disclosures) by Herman Cunningham, Vernessa S. Cunningham.(Alembik, Richard) (Entered: 07/15/2019)

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  • 07/11/2019
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  • (#22) JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Nationstar Mortgage LLC, Wells Fargo Bank, National Association. (Rogers, Paul) (Entered: 07/11/2019)

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  • 07/09/2019
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  • Funds Deposited per #7 Order: $ 1,087.83, receipt number GAN100113902 (sap) (Entered: 07/10/2019)

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  • 07/01/2019
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  • (#21) CERTIFICATE OF SERVICE OF DISCOVERY REQUESTS (Requests for Production of Documents and Electronically Stored Information of Plaintiff Herman Cunningham to Nationstar Mortgage, LLC d/b/a Mr. Cooper and Notice Regarding Electronically-Stored Information) by Herman Cunningham.(Alembik, Richard) (Entered: 07/01/2019)

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  • 06/20/2019
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  • (#20) CONSENT PRELIMINARY INJUNCTION ORDER. Signed by Judge Thomas W. Thrash, Jr. on 6/20/2019. (sap) (Entered: 06/20/2019)

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  • 06/19/2019
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  • (#19) Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Telephone Conference held on 6/19/2019 for a status conference. Counsel addressed the Court regarding case status and preliminary injunction. Counsel agreed to a preliminary injunction. Mr. Alembik to submit a proposed preliminary injunction order to the Court, with Mr. Rogers to approve as to form and content. (Court Reporter Diane Peede) (sap) (Entered: 06/20/2019)

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  • 06/19/2019
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  • (#18) PROPOSED CONSENT ORDER re #6 MOTION for Preliminary Injunction. (Alembik, Richard) (Entered: 06/19/2019)

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  • 06/19/2019
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  • (#17) NOTICE TO COUNSEL OF RECORD for Herman Cunningham and Vernessa S. Cunningham regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. re #16 Plaintiffs' Exhibits. (sap) (Entered: 06/19/2019)

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  • 06/18/2019
  • NOTICE of TELECONFERENCE Hearing: Telephone Conference set for 6/19/2019 at 03:30 PM before Judge Thomas W. Thrash, Jr. (cmd) (Entered: 06/18/2019)

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  • 06/13/2019
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  • (#14) ANSWER to #1 COMPLAINT by Nationstar Mortgage LLC, Wells Fargo Bank, National Association. Discovery ends on 11/12/2019.(Rogers, Paul) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/13/2019)

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11 More Docket Entries
  • 05/22/2019
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  • Clerk's Notation re #4 Certificate of Interested Persons: OK, per TWT. (cmd) (Entered: 05/22/2019)

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  • 05/22/2019
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  • NOTICE of Hearing on Motion re: #6 Ex Parte MOTION for Temporary Restraining Order. Motion Hearing set for 5/28/2019 at 02:00 PM in ATLA Courtroom 2108 before Judge Thomas W. Thrash, Jr. Counsel for Plaintiff instructed to serve Defendants or Defendants' counsel with notice of hearing and be prepared to state the extent of attempted service should Defendants not appear. (cmd) (Entered: 05/22/2019)

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  • 05/22/2019
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  • (#6) Ex Parte MOTION for Temporary Restraining Order and MOTION for Interlocutory Injunction with Brief In Support by Herman Cunningham, Vernessa S. Cunningham. (Attachments: #1 Brief in Support of Application for a TRO and an Interlocutory Injunction, #2 Affidavit of Plaintiff Herman Cunningham, #3 Text of Proposed Order Temporary Restraining Order Regarding a Non-Judicial Foreclosure Sale and Order to Show Cause)(Alembik, Richard) . Added MOTION for Injunction on 5/23/2019 (rjs). (Entered: 05/22/2019)

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  • 05/22/2019
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  • (#5) MOTION to Deposit Funds into the registry of the Court with Brief In Support by Herman Cunningham, Vernessa S. Cunningham. (Attachments: #1 Brief in support of Motion for Leave to Deposit Funds, #2 Affidavit of Plaintiff Herman Cunningham, #3 Text of Proposed Order Granting Leave to Deposit Funds into the Court's Registry)(Alembik, Richard) (Entered: 05/22/2019)

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  • 05/22/2019
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  • (#4) Certificate of Interested Persons by Herman Cunningham, Vernessa S. Cunningham. (Alembik, Richard) (Entered: 05/22/2019)

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  • 05/22/2019
  • (SUBMISSION TERMINATED) Submission of MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction to District Judge Thomas W. Thrash Jr. (sap) Modified on 5/22/2019 (sap). (Entered: 05/22/2019)

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  • 05/22/2019
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  • (#3) Electronic Summons Issued as to Nationstar Mortgage LLC. (sap) (Entered: 05/22/2019)

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  • 05/22/2019
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  • (#2) Electronic Summons Issued as to Wells Fargo Bank, National Association. (sap) (Entered: 05/22/2019)

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  • 05/21/2019
  • FILED IN ERROR; MOTION TERMINATED) MOTION for Temporary Restraining Order and MOTION for Injunctive Relief by Herman Cunningham, Vernessa S. Cunningham. (sap) Modified on 5/22/2019 (sap). (Entered: 05/22/2019)

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  • 05/21/2019
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  • (#1) COMPLAINT with Jury Demand filed by Vernessa S. Cunningham and Herman Cunningham. (Filing fee $400, receipt number AGANDC-8676377) (Attachments: #1 Exhibit "A" -- Security Deed, #2 Exhibit "B" -- First Assignment, #3 Exhibit ""C" -- Second Assignment, #4 Exhibit "D" -- Notice of Error, #5 Exhibit "E" -- Proof of Delivery, #6 Exhibit ""F" -- Jan. 30, 2019 Letter, #7 Exhibit "G" -- CFPB Data Set, #8 Civil Cover Sheet) (sap) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 05/22/2019)

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