Case: Hargraves v. Capital City Mortgage Corporation

Federal Trade Commission v. Capital City Mortgage Corporation

Hargraves v. Capital City Mortgage Corporation

FTC, et al v. Capital City Mortgage Corporation

Richard J. Ritter

COMPLAINT filed by plaintiff CLYDE HARGRAVES, plaintiff ERLINDA COOPER, plaintiff GREATER LITTLE ARK, plaintiff WALTER JAMISON SR, plaintiff NANCY HILLIARD, plaintiff ANGELA BIRTH, plaintiff FAIR HOUSING COUNCIL; jury demand; exhibits (4) (tw) Modified on 04/27/1998 (Entered: 04/27/1998)

SUMMONS NOT ISSUED. (tw)

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 4/27/98 upon defendant THOMAS K. NASH (bjsp) (Entered: 05/14/1998)

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 4/27/98 upon defendant CAPITAL CITY MORTGAG (bjsp) (Entered: 05/14/1998)

ANSWER TO COMPLAINT [1-1] by defendant CAPITAL CITY MORTGAG . (tw) (Entered: 05/15/1998)

ANSWER TO COMPLAINT [1-1] by defendant THOMAS K. NASH . (tw) (Entered: 05/15/1998)

MOTION filed by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH for partial summary judgment pursuant to Federal Rule of Civil Procedure 56 ; exhibits (6) (tw) (Entered: 05/18/1998)

MAILED ADR brochure and Meet and Confer list to defendant CAPITAL CITY MORTGAG . (tw)

MAILED ADR brochure and Meet and Confer list to defendant THOMAS K. NASH . (tw)

MOTION (CONSENT) filed by plaintiff CLYDE HARGRAVES, plaintiff ERLINDA COOPER, plaintiff GREATER LITTLE ARK, plaintiff WALTER JAMISON SR, plaintiff NANCY HILLIARD, plaintiff ANGELA BIRTH, plaintiff FAIR HOUSING COUNCIL to extend time to 6/2/98 within which to file a response to defendants' motion for partial summary judgment (bjsp) (Entered: 05/21/1998)

ORDER by Judge Joyce H. Green : granting motion to extend time to 6/2/98 within which to file a response to defendants' motion for partial summary judgment [7-1] by plaintiff; response due by 6/2/98 ; reply by 6/9/98 (N) (jaw) (Entered: 05/22/1998)

MEMORANDUM by plaintiff in opposition to motion for partial summary judgment pursuant to Federal Rule of Civil Procedure 56 [6-1]; declaration (1) (tw) (Entered: 06/03/1998)

REPLY by defendant CAPITAL CITY MORTGAG to plaintiffs' memorandum in opposition to defendants' motion for partial summary judgment [6-1]. (tw) (Entered: 06/10/1998)

ATTORNEY APPEARANCE for plaintiffs by Kurt Hirsch (tw) (Entered: 06/13/1998)

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by plaintiff, defendant. (tw) (Entered: 06/13/1998)

SCHEDULING NOTICE: status hearing set for 9:30 6/30/98 before Judge Joyce H. Green in courtroom 18 on 6th floor. (jaw)

STATUS HEARING before Judge Joyce H. Green : Reporter: William McAllister (jaw)

SCHEDULING ORDER by Judge Joyce H. Green Case assigned to the Complex track (track three) ; motions for addition of parties or claims, and motion to amend pleadings due 10/1/98 ; response due 10/15/98 ; and reply due 10/22/98 ; referring discovery to Magistrate Judge Kay ; discovery closes 2/26/99 ; all motions, including motions in limine and dispositive motions due 4/2/99 ; response to motions due 4/23/99 ; and reply due 5/3/99 ; parties to inform the Court by 12/31/98 as to whether they are willing to participate in the Court's ADR program ; and directing parties to confer with Magistrate Judge Kay as to whether discovery can be consolidated as to this case and CA 98-0237 FTC v. Capital City Mortgage (N) (jaw) (Entered: 07/01/1998)

NOTICE by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH noting filing and service on June 9, 1998 of defendant CAPITAL CITY MORTGAGE CORPORATION's reply to plaintiffs' memorandum of points and authorities in oppositon to defendant's motion for partial summary jdugment. (tw) (Entered: 07/02/1998)

CASE REFERRED to Magistrate Judge Alan Kay for discovery (cjp)

TRANSCRIPT filed for date(s) of 06/30/98. Reporter: William D. McAllister (lkn) (Entered: 07/10/1998)

NOTICE OF FILING by plaintiff regarding consolidation (lkn) (Entered: 08/28/1998)

RESPONSE (PRELIMINARY) by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to notice [16-1] by plaintiff (lkn) (Entered: 09/11/1998)

RESPONSE by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to plaintiffs notice regarding consolidation [16-1] by plaintiff (st) (Entered: 09/17/1998)

REPLY by plaintiffs notice regarding consolidation [16-1]; attachments (4) (tw) (Entered: 09/29/1998)

MOTION filed by plaintiff for leave to file a first amended complaint :EXHIBIT (First amended complaint). (lkn) (Entered: 10/02/1998)

REPORT AND RECOMMENDATION of Magistrate Judge Alan Kay (lpp) (Entered: 10/13/1998)

MEMORANDUM OPINION AND ORDER by Judge Joyce H. Green : denying motion for partial summary judgment pursuant to Federal of Civil Procedure 56 [6-1] by THOMAS K. NASH, CAPITAL CITY MORTGAG (N) (N) (jaw) (Entered: 10/14/1998)

ORDER by Judge Joyce H. Green : adopting the Magistrate Judge's October 13, 1998 Report and Recommendation in full as an Order of this Court; directing consolidating CA 98-0237 and CA 98-1021 for purpose of discovery; granting in part and denying in part motion of FTC for extension of discovery; discovery closes 6/30/99 ; any and all motions due 7/23/99 ; response to motions due 8/9/99 ; reply to motion due 8/17/99 (N) (jaw) (Entered: 10/14/1998)

ORDER by Judge Joyce H. Green : granting motion for leave to file a first amended complaint [20-1] by plaintiff (N) (jaw) (Entered: 10/14/1998)

AMENDED COMPLAINT by plaintiff adding plaintiff SYLVIA ROBINSON, [1-1] .; jury demand (jf) (Entered: 11/18/1998)

NOTICE OF FILING by plaintiffs' to FTC motion to enforce compliance with Magistrate's Order and for sanctions; exhibits (4) (jf) Modified on 02/03/1999 (Entered: 01/27/1999)

MOTION (JOINDER) filed by plaintiff to enforce compliance with Magistrate's order and for sanctions ; exhibits (4) (jf) (Entered: 02/12/1999)

MOTION filed by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to extend time to 11/16/98 to file an opposition to plaintiff's motion to compel compliance with Magistrate Judge Kay's order and for sanctions and file an opposition to plaintiff's joinder to FTC's motion to enforce compliance with Magistrate's Order and for sanctions (jf) (Entered: 11/09/1998)

ORDER by Magistrate Judge Alan Kay : granting motion to extend time to 11/16/98 to file an opposition to plaintiff's motion to compel compliance with Magistrate Judge Kay's order and for sanctions and file an opposition to plaintiff's joinder to FTC's motion to enforce compliance with Magistrate's Order and for sanctions [25-1] by THOMAS K. NASH, CAPITAL CITY MORTGAG (N) (clv) (Entered: 11/13/1998)

REPLY by Non Party FTC to defendants' memorandum of points and authorities in opposition to plaintiff's motion to enforce compliance with Magistrate Judge Kay's order and for sanctionsr [26-1] . (jf) (Entered: 01/21/1999)

REPLY by plaintiffs' in further support of FTC's motion to enforce compliance with Magistrate's order and for sanctions(jf) Modified on 02/03/1999 (Entered: 01/27/1999)

ANSWER TO COMPLAINT [1-1] by defendant THOMAS K. NASH . (bjsp) (Entered: 11/25/1998)

ANSWER TO AMENDED COMPLAINT [27-1] by defendant CAPITAL CITY MORTGAG (jf) (Entered: 01/22/1999)

MOTION filed by plaintiff to compel production of defendants' litigation and investigation files ; exhibits (5) (jf) (Entered: 12/23/1998)

REPLY by plaintiffs' in further support of motion to compel production of defendants' litigation and investigation [29-1]; exhibits (2) (jf) (Entered: 01/04/1999)

MOTION filed by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH for order to preclusion against plaintiff FTC ; exhibits (8) (jf) (Entered: 01/14/1999)

ORDER by Judge Joyce H. Green : referring motion of Capital City for an order of preclusion to Magistrate Judge Kay for a report and recommendation (N) (jaw) (Entered: 01/12/1999)

MEMORANDUM by Non Party FTC in opposition to motion for order to preclusion against plaintiff FTC [32-1] by THOMAS K. NASH, CAPITAL CITY MORTGAG; exhibits (5) (jf) (Entered: 01/14/1999)

ATTORNEY APPEARANCE for defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH by Rena Karen Schild as co-counsel. (ks) (Entered: 01/19/1999)

MOTION filed by Non Party FTC for leave to file a surreply in opposition to defendants' motion for an order of preclusion against FTC ; EXHIBIT (surreply) (jf) (Entered: 01/25/1999)

ORDER (COPY) by Magistrate Judge Alan Kay : granting motion for leave to file a surreply in opposition to defendants' for an order of preclusion against FTC [37-1] by FTC (N) (jwd) Modified on 01/26/1999 (Entered: 01/26/1999)

MOTION filed by plaintiff NANCY HILLIARD, plaintiff ANGELA BIRTH for preliminary injunction and a hearing ; exhibits (13) (jf) (Entered: 02/03/1999)

MOTION filed by Non Party FTC for leave to take limited purpose depositions ; exhibits (2) (jf) Modified on 02/03/1999 (Entered: 02/03/1999)

MOTION filed by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH for sanctions based on willfully evasive and incomplete answers to interrogatories ; exhibits (10) (jf) (Entered: 02/04/1999)

REPLY by Non Party FTC in support of motion for leave to take limited purpose depositions [41-1]; exhibits (3) (jf) (Entered: 02/11/1999)

RESPONSE by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH in opposition to motion for preliminary injunction and a hearing [42-1]; attachments (6) (tw) Modified on 02/09/1999 (Entered: 02/09/1999)

REPLY by plaintiff NANCY HILLIARD, plaintiff ANGELA BIRTH in support of motion for preliminary injunction and a hearing [42-1]; exhibits (4) (jf) (Entered: 02/11/1999)

RESPONSE by plaintiff in opposition to defendant's motion to strike scandalous matter contained in plaintiff's motion for leave to file surreply; Exhibit. (lkn) (Entered: 02/12/1999)

MEMORANDUM by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to the Court RE; Angela Birth's and Nancy Hilliard's motion for preliminary injunction (bjsp) (Entered: 02/17/1999)

MOTION HEARING before Judge Joyce H. Green: granting motion for preliminary injunction and a hearing [42-1] by ANGELA BIRTH, NANCY HILLIARD; order to be presented by counsel by 12:00 Noon on 2/18/99. Reporter: William McAllister (jaw)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER by Judge Joyce H. Green : granting motion for preliminary injunction and a hearing [42-1] by ANGELA NANCY HILLIARD; enjoining deft. from seeking to forclose upon the property prior to the entry of a final judgment; directing that pltfs. NANCY HILLIARD AND ANGELA BIRTH shall during the pendency of this injunction, make monthly payments to defts. in the amount of $2,118.45 due on the 1st of each month beginning 3/1/99; (N) (jaw) (Entered: 02/18/1999)

RESPONSE by Non Party FTC in opposition to motion for sanctions based on willfully evasive and incomplete answers to interrogatories [43-1] by THOMAS K. NASH, CAPITAL CITY MORTGAG; exhibits (12) (jf) (Entered: 02/26/1999)

MOTION HEARING before Magistrate Judge Alan Kay Reporter: CT27-99-23, 3440-end; CT27-99-24, 1-end; CT27-99-25, 1-700 (bh)

TRANSCRIPT filed for date(s) of February 17, 1999. Reporter: William D. McAllister (jf) (Entered: 03/09/1999)

ORDER by Magistrate Judge Alan Kay : denying motion for sanctions based on willfully evasive and incomplete answers to interrogatories [43-1] by THOMAS K. NASH, CAPITAL CITY MORTGAGE, granting in part and amending in part motion for leave to take limited purpose depositions [41-1] by FTC, granting motion to compel production of defendants' litigation and investigation [29-1] by plaintiff (N) (jwd) (Entered: 03/10/1999)

COPY OF ORDER by Judge Joyce H. Green : granting motion of pltf. FTC in CA 98-0237 for leave to file first amended complaint (N) (jaw) (Entered: 03/11/1999)

ORDER by Judge Joyce H. Green : directing FTC and CAPITAL CITY to submit a mutually-agreed-upon individual to serve as Special Master to Magistrate Judge Kay by 3/26/99 (N) (jaw) (Entered: 03/19/1999)

ORDER by Magistrate Judge Alan Kay : advising that Iriving M. Pollack and Laurence Storch is appointed as Special Master. The Special Master shall hear, consider, and make recommended findings of fact and conclusions of law. The Special Master shall possess and exercise all powers conferred upon Special Masters. (N) (jf) (Entered: 09/23/1999)

ORDER by Judge Joyce H. Green : granting in part, denying in part motion to enforce compliance with Magistrate's order and for sanctions [47-1] (N) (jwd) (Entered: 03/19/1999)

ORDER filed by Judge Joyce H. Green adopting order by Magistrate Judge Alan M. Kay appointing Special Master Irving M. Pollack and Laurence Storch: (N) (jf) (Entered: 09/23/1999)

MOTION filed by plaintiff for an expedited briefin schedule, and to extend time for filing discovery (lkn) (Entered: 03/31/1999)

MOTION filed by plaintiff to extend time for filing discovery to 9/30/99 (lkn) (Entered: 03/31/1999)

NOTICE OF CHANGE OF ADDRESS by John Peter Relman representing plaintiff. New address: Washington Lawyers' Committee for Civil Rights and Urban Affairs, 11 Dupont Circle, NW, Suite 400, Washington, DC, 20036 (202)319-1000. (lkn) (Entered: 04/02/1999)

NOTICE OF COMPLIANCE by defendant CAPITAL CITY MORTGAG; exhibits (6) (jf) (Entered: 04/07/1999)

RESPONSE by defendant CAPITAL CITY MORTGAG to motion to extend time for filing discovery to 9/30/99 [58-1] by plaintiffs; exhibits (6) (jf) (Entered: 04/07/1999)

ORDER by Judge Joyce H. Green : granting motion to extend time for filing discovery to 9/30/99 [58-1] by plaintiffs; Discovery now closes 9/30/99; all motions due 10/22/99 ; response to motion due 11/9/99 ; reply to motion due 11/17/99 denying motion for an expedited briefing schedule [57-1] by plaintiffs (N) (jaw) (Entered: 04/08/1999)

(ENTERED IN ERROR) ANSWER TO AMENDED COMPLAINT [27-1] by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH (jf) Modified on 05/07/1999 (Entered: 05/06/1999)

ANSWER TO AMENDED COMPLAINT [27-1] by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH (jf) (Entered: 05/06/1999)

ORDER by Judge Joyce H. Green : directing the Clerk of the Court to return to counsel for Capitol City the document submitted on 4/16/99 bearing the title "Defendant's Second Third Party Complaint" (N) (jaw) (Entered: 04/21/1999)

MOTION filed by plaintiffs' to enforce discovery obligations, and for sanctions ; exhibits (8) (jf) (Entered: 05/06/1999)

MOTION filed by plaintiffs' to shorten time with respect to consideration of their motion to enforce defendants' discovery obligations, and for sanctions (jf) (Entered: 05/06/1999)

REPLY by plaintiffs' in further support of their motion to shorten time with respect to consideration of their motion to enforce defendants' discovery obligations and for sanctions (jf) (Entered: 05/06/1999)

MEMORANDUM by Non Party FTC in opposition to defendants' motion for leave to file second third party complaint; exhibits (3) (jf) (Entered: 05/10/1999)

REPLY by plaintiff in support of motion to shorten time with respect to consideration of their motion to enforce defendants' discovery obligations [68-1] by plaintiffs, motion for sanctions [68-2] by plaintiffs (tb) (Entered: 05/13/1999)

SUPPLEMENTAL MEMORANDUM by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH in opposition to motion to shorten time with respect to consideration of their motion to enforce defendants' discovery obligations [68-1] and for sanctions [68-2] by plaintiffs (jf) (Entered: 05/14/1999)

OBJECTIONS by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to Report and Recommendations by Magistrate Judge Kay. (jf) (Entered: 05/14/1999)

MOTION filed by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to compel FHC to respond to Interrogatory 2-5 (jf) (Entered: 05/18/1999)

JOINT STATUS REPORT by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH, Non Party FTC regarding the truth in lending act filed in compliance with the Court's order of April 21, 1999 (jf) (Entered: 05/18/1999)

MOTION filed by Non Party FTC for sanctions directing defendants Capital and Nash to pay the full cost of the Special Masters' fees and expenses ; exhibits (5) (jf) (Entered: 05/18/1999)

STATEMENT filed by Non Party FTC, regarding: the truth in lending act filed in compliance with the Court's order of April 12, 1999. (jf) (Entered: 05/18/1999)

MOTION filed by Non Party FTC to expedited briefing schedule with respects to motion for sanctions directing defendants Capital and Nash to pay the full costs of the Special Masters' fees and expenses (jf) (Entered: 05/18/1999)

RESPONSE by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to order [63-2] dated April 21, 1999 (jf) (Entered: 05/19/1999)

RESPONSE by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to proposed order of the Special Masters; attachments (1) (jf) (Entered: 05/24/1999)

SUPPLEMENTAL MEMORANDUM by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to response to proposed order [80-1] of the Special Masters (jf) (Entered: 05/24/1999)

RESPONSE by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH in opposition to motion to expedited briefing schedule with respects to motion for sanctions directing defendants Capital and Nash to pay the full costs of the Special Masters' fees and expenses [77-1] by FTC; attachments (1) . (jf) (Entered: 05/23/1999)

RESPONSE by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to Court's Orders dated May 17 and 19, 1999 (jf) (Entered: 06/02/1999)

RESPONSE by plaintiff FAIR HOUSING COUNCIL in opposition to motion to compel FHC to respond to Interrogatory 2-5 [73-1] by THOMAS K. NASH, CAPITAL CITY MORTGAG . (jf) (Entered: 06/11/1999)

RESPONSE by defendant CAPITAL CITY MORTGAG in opposition to FTC's motion to compel more complete answers to interrogatories and requests for admissions and for sanctions; exhibits (8). (jf) (Entered: 06/09/1999)

REPLY by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to opposition to motion to compel FHC to respond to Interrogatory 2-5 [73-1] (jf) (Entered: 06/11/1999)

MOTION filed by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to compel discovery, and for an order of preclusion against plaintiff FTC ; exhibits (3) (jf) (Entered: 06/22/1999)

ATTORNEY APPEARANCE for plaintiff by Duane Kenneth Thompson (lkn) (Entered: 06/30/1999)

ATTORNEY APPEARANCE for plaintiff by Elizabeth Torrant Sheldon (lkn) (Entered: 06/30/1999)

RESPONSE by Non Party FTC in opposition to motion to compel discovery [86-1] by THOMAS K. NASH, CAPITAL CITY MORTGAG, motion for an order of preclusion against plaintiff FTC [86-2] by THOMAS K. NASH, CAPITAL CITY MORTGAG; Exhibits (8) . (lkn) (Entered: 07/06/1999)

MOTION filed by defendant CAPITAL CITY MORTGAG, defendant THOMAS K. NASH to extend time to 7/19/99 to reply to FTC's opposition to defendants' motion for an order to compel discovery and for an order of preclusion against plaintiff FTC ; exhibits (3) (jf) (Entered: 07/14/1999)