This case was last updated from PACER on 06/03/2016 at 22:01:38 (UTC).

Whitton et al v. Live Well Financial, Inc. et al

Case Summary

On 01/17/2014 Whitton filed a Finance - Consumer Credit lawsuit against Live Well Financial, Inc. This case was filed in U.S. District Courts, Georgia Northern District. The Judges overseeing this case are Magistrate Judge Alan J. Baverman and Judge Amy Totenberg. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:14-CV-00161

  • Filing Date:

    01/17/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Consumer Credit

  • Court:

    U.S. District Courts

  • Courthouse:

    Georgia Northern District

Judge Details

Referral Judge

Magistrate Judge Alan J. Baverman

Judge

Judge Amy Totenberg

 

Party Details

Plaintiffs

Margene C. Whitton

Anna M. Whitton

Defendants

Live Well, Inc.

Security One Lending (Inc.)

Bebe J. Baxter

Paul Splendore

The Secretary of Housing and Urban Development

United Community Banks, Inc.

United Community Bank (Georgia)

Mortgage Electronic Registration Systems, Inc.

Alan E. Whitton

Attorney/Law Firm Details

Plaintiff Attorneys

Richard S. Alembik

Attorney at Richard S. Alembik, PC

315 West Ponce De Leon Avenue, Suite 250

Decatur, GA 30030

Richard A. Gordon

Attorney at Richard A. Gordon, P.C.

400 Interstate North Parkway, Suite 520

Atlanta, GA 30339

Defendant Attorneys

Jason Wayne McElroy

Attorney at Weiner Brodsky Kider PC

1300 Nineteenth Street, N.W., Fifth Floor

Washington, DC 20036-1609

Matthew Robert Rosenkoff

Attorney at Taylor English Duma LLP

Suite 400, 1600 Parkwood Circle

Atlanta, GA 30339

James Matthew Goodin

Attorney at Locke Lord Bissell & Liddell LLP-IL

111 South Wacker Drive

Chicago, IL 60606

Alexandra Marie Dishun

Attorney at Locke Lord LLP-ATL

3333 Piedmont Road, Ne

Atlanta, GA 30305

Brian Stephen Spitler

Attorney at Carlock Copeland & Stair, LLP - Atl

Suite 3600, 191 Peachtree Street, Ne

Atlanta, GA 30303-1740

Kevin James McDonough

Attorney at The Law OFfices of Kevin J. McDonough, P.C.

Suite K300, 416 Pirkle Ferry Road

Cumming, GA 30040

Thomas T. Tate

Attorney at Andersen, Tate & Carr, P.C.

One Sugarloaf Centre, Suite 4000, 1960 Satellite Boulevard

Duluth, GA 30097

 

Court Documents

#1

(#1) NOTICE OF REMOVAL with COMPLAINT, filed by Security One Lending (Inc.). (Filing fee $ 400.00 receipt number 113E-4985415) (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit B, # 4 Civil Cover Sheet)(eop) 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: 01/21/2014)

#2

(#2) MOTION for Extension of Time to File Answer to Complaint by Security One Lending (Inc.). (Attachments: # 1 Text of Proposed Order)(Dishun, Alexandra) (Entered: 01/22/2014)

#3

(#3) Certificate of Interested Persons and Corporate Disclosure Statement by Security One Lending (Inc.) identifying Corporate Parent Walter Investment Management Corp., Corporate Parent DT Holdings LLC, Corporate Parent Walter Investment Holding Company, LLC for Security One Lending (Inc.). (Dishun, Alexandra) (Entered: 01/22/2014)

#4

(#4) ANSWER to 1 NOTICE OF REMOVAL and Complaint by United Community Bank (Georgia), United Community Banks, Inc.. Discovery ends on 6/23/2014.(Tate, Thomas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/24/2014)

#5

(#5) Certificate of Interested Persons by United Community Bank (Georgia), United Community Banks, Inc.. (Tate, Thomas) (Entered: 01/24/2014)

#6

(#6) ANSWER to 1 NOTICE OF REMOVAL by Alan E. Whitton.(McDonough, Kevin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/27/2014)

#7

(#7) Certificate of Interested Persons by Alan E. Whitton. (McDonough, Kevin) (Entered: 01/27/2014)

#8

(#8) NOTICE by Paul Splendore, Alan E. Whitton re 1 Notice of Removal, Consent to Removal By Whitton and Splendore (McDonough, Kevin) (Entered: 01/27/2014)

#9

(#9) NOTICE by Paul Splendore, Alan E. Whitton re 8 Notice (Other), 7 Certificate of Interested Persons, 6 Answer to Complaint (Notice of Removal) Declaration of Technical Difficulties (McDonough, Kevin) (Entered: 01/27/2014)

#57

(#57) NOTICE to Take Deposition of Margene C. Whitton filed by Anna M. Whitton, Margene C. Whitton (Alembik, Richard) (Entered: 04/14/2014)

#58

(#58) MOTION for Extension of Time to File Answer re 38 Amended Complaint,,, by Security One Lending (Inc.). (Attachments: # 1 Text of Proposed Order)(Dishun, Alexandra) (Entered: 04/14/2014)

#59

(#59) ANSWER to 38 Amended Complaint by Alan E. Whitton.(McDonough, Kevin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/15/2014)

#60

(#60) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Live Well, Inc., Mortgage Electronic Registration Systems, Inc.. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Rosenkoff, Matthew) (Entered: 04/15/2014)

#61

(#61) ORDER granting 58 Motion for Extension of Time to Answer 38 Amended Complaint, through and including April 30, 2014. Security One Lending (Inc.) Answer due 4/30/2014. Signed by Magistrate Judge Alan J. Baverman on 4/15/14. (hfm) (Entered: 04/16/2014)

#62

(#62) Minute Entry for proceedings held before Magistrate Judge Alan J. Baverman: Telephone Conference held on 4/17/2014 regarding a discovery dispute that arose during a preservation deposition of Margene Whitton. As discussed, defense counsel may ask questions relating to the competency of the deponent, and those questions must be answered. Regarding a separate issue, the Court notes that there is no dispute as to whether HUD counsel may question the deponent when the deposition is reconvened on April 29, 2014. (anc) (Entered: 04/18/2014)

#63

(#63) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Notice of Joinder by Security One Lending (Inc.). (Dishun, Alexandra) (Entered: 04/25/2014)

#64

(#64) Emergency MOTION for Leave to File Excess Pages with Brief In Support by Anna M. Whitton, Margene C. Whitton. (Attachments: # 1 Text of Proposed Order Granting Leave to Exceed Page Limits)(Alembik, Richard) (Entered: 05/01/2014)

#65

(#65) RESPONSE in Opposition re 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Notice of Joinder filed by Anna M. Whitton, Margene C. Whitton. (Alembik, Richard) (Entered: 05/02/2014)

53 More Documents Available

 

Docket Entries

  • 05/02/2014
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  • (#65) RESPONSE in Opposition re 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Notice of Joinder filed by Anna M. Whitton, Margene C. Whitton. (Alembik, Richard) (Entered: 05/02/2014)

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  • 05/01/2014
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  • (#64) Emergency MOTION for Leave to File Excess Pages with Brief In Support by Anna M. Whitton, Margene C. Whitton. (Attachments: # 1 Text of Proposed Order Granting Leave to Exceed Page Limits)(Alembik, Richard) (Entered: 05/01/2014)

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  • 04/25/2014
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  • (#63) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Notice of Joinder by Security One Lending (Inc.). (Dishun, Alexandra) (Entered: 04/25/2014)

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  • 04/17/2014
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  • (#62) Minute Entry for proceedings held before Magistrate Judge Alan J. Baverman: Telephone Conference held on 4/17/2014 regarding a discovery dispute that arose during a preservation deposition of Margene Whitton. As discussed, defense counsel may ask questions relating to the competency of the deponent, and those questions must be answered. Regarding a separate issue, the Court notes that there is no dispute as to whether HUD counsel may question the deponent when the deposition is reconvened on April 29, 2014. (anc) (Entered: 04/18/2014)

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  • 04/16/2014
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  • (#61) ORDER granting 58 Motion for Extension of Time to Answer 38 Amended Complaint, through and including April 30, 2014. Security One Lending (Inc.) Answer due 4/30/2014. Signed by Magistrate Judge Alan J. Baverman on 4/15/14. (hfm) (Entered: 04/16/2014)

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  • 04/15/2014
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  • (#60) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Live Well, Inc., Mortgage Electronic Registration Systems, Inc.. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Rosenkoff, Matthew) (Entered: 04/15/2014)

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  • 04/15/2014
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  • (#59) ANSWER to 38 Amended Complaint by Alan E. Whitton.(McDonough, Kevin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/15/2014)

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  • 04/14/2014
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  • (#58) MOTION for Extension of Time to File Answer re 38 Amended Complaint,,, by Security One Lending (Inc.). (Attachments: # 1 Text of Proposed Order)(Dishun, Alexandra) (Entered: 04/14/2014)

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  • 04/14/2014
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  • (#57) NOTICE to Take Deposition of Margene C. Whitton filed by Anna M. Whitton, Margene C. Whitton (Alembik, Richard) (Entered: 04/14/2014)

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  • 04/10/2014
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  • (#56) ORDER for Service of 55 Report and Recommendation by Magistrate Judge Alan J. Baverman. 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. The Clerk is DIRECTED to submit the Report and Recommendation with objections, if any, to the District Court after expiration of the above time period. Signed by Magistrate Judge Alan J. Baverman on 4/10/14. (hfm) (Entered: 04/10/2014)

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45 More Docket Entries
  • 01/27/2014
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  • (#10) Amended MOTION for Extension of Time to File Answer to Complaint by Security One Lending (Inc.). (Attachments: # 1 Text of Proposed Order)(Dishun, Alexandra) (Entered: 01/27/2014)

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  • 01/27/2014
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  • (#9) NOTICE by Paul Splendore, Alan E. Whitton re 8 Notice (Other), 7 Certificate of Interested Persons, 6 Answer to Complaint (Notice of Removal) Declaration of Technical Difficulties (McDonough, Kevin) (Entered: 01/27/2014)

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  • 01/27/2014
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  • (#8) NOTICE by Paul Splendore, Alan E. Whitton re 1 Notice of Removal, Consent to Removal By Whitton and Splendore (McDonough, Kevin) (Entered: 01/27/2014)

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  • 01/27/2014
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  • (#7) Certificate of Interested Persons by Alan E. Whitton. (McDonough, Kevin) (Entered: 01/27/2014)

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  • 01/27/2014
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  • (#6) ANSWER to 1 NOTICE OF REMOVAL by Alan E. Whitton.(McDonough, Kevin) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/27/2014)

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  • 01/24/2014
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  • (#5) Certificate of Interested Persons by United Community Bank (Georgia), United Community Banks, Inc.. (Tate, Thomas) (Entered: 01/24/2014)

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  • 01/24/2014
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  • (#4) ANSWER to 1 NOTICE OF REMOVAL and Complaint by United Community Bank (Georgia), United Community Banks, Inc.. Discovery ends on 6/23/2014.(Tate, Thomas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/24/2014)

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  • 01/22/2014
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  • (#3) Certificate of Interested Persons and Corporate Disclosure Statement by Security One Lending (Inc.) identifying Corporate Parent Walter Investment Management Corp., Corporate Parent DT Holdings LLC, Corporate Parent Walter Investment Holding Company, LLC for Security One Lending (Inc.). (Dishun, Alexandra) (Entered: 01/22/2014)

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  • 01/22/2014
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  • (#2) MOTION for Extension of Time to File Answer to Complaint by Security One Lending (Inc.). (Attachments: # 1 Text of Proposed Order)(Dishun, Alexandra) (Entered: 01/22/2014)

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  • 01/17/2014
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  • (#1) NOTICE OF REMOVAL with COMPLAINT, filed by Security One Lending (Inc.). (Filing fee $ 400.00 receipt number 113E-4985415) (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit B, # 4 Civil Cover Sheet)(eop) 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: 01/21/2014)

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