AnsFiled, LEAD, CLOSED




U.S. Bankruptcy Court
District of New Jersey (Trenton)
Adversary Proceeding #: 06-01344-KCF

Assigned to: Chief Judge Kathryn C. Ferguson
Lead BK Case: 05-31567
Lead BK Title: Richard A. Spair
Lead BK Chapter: 7
Demand:

Date Filed: 02/17/06
Date Terminated: 06/03/10
Nature[s] of Suit:   498 Other Action


Plaintiff
-----------------------

Richard A. Spair
2208 Willow Oak Circle, No. 309
Virginia Beach, VA 23451
SSN / ITIN: xxx-xx-1498




represented by



Eugene D. Roth
Law Office of Eugene D. Roth
Valley Pk. East
2520 Hwy 35, Suite 307
Manasquan, NJ 08736
(732) 292-9288
Fax : (732) 292-9303
Email: erothesq@gmail.com


V.

Defendant
-----------------------

21st Capital Corp
P.O. Box 982
23852 Pacific Coast Highway
Malibu, CA 90265
(310) 317-6100




represented by



Mario A. Serra, Jr.
Fein, Such, Kahn & Shepard
7 Century Drive
Parsippany, NJ 07054
(973) 538-4700
Email: bankruptcy@feinsuch.com
LEAD ATTORNEY

Gregg Tabakin
Fein, Such, Kahn & Shepard
7 Century Dr
Suite 201
Parsippany, NJ 07054
(973) 538-4700
Email: gtabakin@feinsuch.com


Defendant
-----------------------

Countrywide Home Loans, Inc.




represented by



Patrick J. Madden
Madden & Madden, PA
108 Kings Highway East, Suite 200
PO Box 210
Haddonfield, NJ 08033
856-428-9520
Fax : 856-428-7335
Email: pjm@maddenmadden.com
LEAD ATTORNEY


Trustee
-----------------------

Albert Russo
Standing Chapter 13 Trustee
CN 4853
Trenton, NJ 08650-4853
(609) 587-6888

   

Counter-Claimant
-----------------------

21st Capital Corp
P.O. Box 982
23852 Pacific Coast Highway
Malibu, CA 90265
(310) 317-6100




represented by



Gregg Tabakin
(See above for address)
LEAD ATTORNEY


V.

Counter-Defendant
-----------------------

Countrywide Home Loans, Inc.



represented by



Patrick J. Madden
(See above for address)

Filing Date #Docket Text
02/17/2006  1
(30 pgs; 3 docs)
Complaint by Richard A. Spair against 21st Capital Corp. Nature of Suit: Complaint to Determine Validity of Liens and to Void Liens. Fee Amount $ 250.. (Attachments: 1 Complaint2 Exhibit Exhibits A-C) (Roth, Eugene) (Entered: 02/17/2006)
02/21/2006  2
(5 pgs; 3 docs)
Summons Issued to Richard A. Spair for Service on 21st Capital Corp Answer due on 3/23/2006 Pre-Trial hearing to be held on 6/19/2006 at 02:00 PM at KCF - Courtroom 2, Trenton. (Attachments: 1 Pre Trial Instructions 2 Joint Order Scheduling PreTrial Proceedings and Trial) (pcj, ) (Entered: 02/21/2006)
02/28/2006    Receipt of filing fee for Complaint(06-01344-KCF) [cmp,cmp] ( 250.00). Receipt number 7909635, amount $ 250.00. (U.S. Treasury) (Entered: 02/28/2006)
05/04/2006  3
(8 pgs; 2 docs)
Answer to Complaint filed by Gregg Tabakin on behalf of 21st Capital Corp. (Attachments: 1 Certificate of Service)(Tabakin, Gregg) (Entered: 05/04/2006)
06/19/2006  4
(3 pgs)
PROPOSED ORDER re: Joint Order Scheduling Pretrial Proceedings and Trial filed by Eugene D. Roth on behalf of Richard A. Spair. (Roth, Eugene) Modified TEXT CAPTION on 6/20/2006 (llb). (Entered: 06/19/2006)
06/19/2006    Minute of Hearing Held, OUTCOME: Joint Proposed Scheduling Order to be Submitted (related document:2 Summons Issued) (ghm) (Entered: 06/20/2006)
06/20/2006  5
(4 pgs; 2 docs)
Joint Scheduling Order. The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendant's Attorney. Signed on 6/20/2006 Discovery due by 9/15/2006. Trial date set for 2/15/2007 at 10:00 AM at KCF - Courtroom 2, Trenton. (srm, ) (Entered: 06/21/2006)
06/23/2006  6
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 06/23/2006. (Admin.) (Entered: 06/24/2006)
12/14/2006  7
(2 pgs)
Notice of Appearance and Request for Service of Notice filed by Emmanuel J. Argentieri on behalf of Citifinancial, Inc.. (Argentieri, Emmanuel) (Entered: 12/14/2006)
02/15/2007    Hearing Rescheduled from 2/15/2007. (related document:5 Joint Scheduling Order) Hearing scheduled for 3/19/2007 at 02:00 PM at KCF - Courtroom 2, Trenton. (ghm) (Entered: 02/15/2007)
03/16/2007  8
(4 pgs)
Certificate of Consent. Filed by Gregg Tabakin on behalf of 21st Capital Corp. (Tabakin, Gregg) Modified on 3/19/2007 (cls, ). (MODIFIED TO REFLECT THIS IS A PROPOSED CONSENT ORDER) (Entered: 03/16/2007)
03/19/2007    Pre-trial hearing rescheduled from 3/19/2007. (related document:5 Joint Scheduling Order). Pre-Trial hearing to be held on 5/21/2007 at 02:00 PM at KCF - Courtroom 2, Trenton. (seg, ) (Entered: 03/19/2007)
03/20/2007    Correction Notice in Electronic Filing (related document:8 Certificate of Consent (Adversary), Certificate of Consent (Adversary) filed by Defendant 21st Capital Corp). Type of Error: INCORRECT PDF ATTACHED, PROPOSED ORDERS ARE TO BE E-MAILED DIRECTLY TO THE JUDGE'S E-MAIL BOX, filed by Gregg Tabakin. IN THE FUTURE PLEASE E-MAIL ALL PROPOSED ORDER TO THE JUDGE'S E-MAIL BOX. (cls, ) (Entered: 03/20/2007)
03/22/2007  9
(5 pgs; 2 docs)
Consent Order Consolidating Cases. Lead Case 06-1344, Member Cases 06-3003 and 07-1139 re: Filed by Gregg Tabakin on behalf of 21st Capital Corp.. The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendant's Attorney. Signed on 3/22/2007 (srm, ) (Entered: 03/22/2007)
03/24/2007  10
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 03/24/2007. (Admin.) (Entered: 03/25/2007)
04/27/2007  11
(7 pgs)
Answer to Complaint filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. (pcj, ) (Entered: 04/27/2007)
04/27/2007  12
(2 pgs)
Certification of Non Compliance (related document:11 Answer to Complaint filed by Defendant Countrywide Home Loans, Inc.) filed by Patrick J. Madden on behalf of Patrick J. Madden. (pcj, ) (Entered: 04/27/2007)
05/21/2007    Minute of Hearing Held, OUTCOME: Joint Proposed Scheduling Order to be Submitted (related document:5 Joint Scheduling Order) (ghm) (Entered: 05/22/2007)
06/22/2007  13
(4 pgs; 2 docs)
Joint Scheduling Order. The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendants Attorneys. Signed on 6/22/2007 Discovery due by 7/30/2007. Trial date set for 11/29/2007 at 10:00 AM at KCF - Courtroom 2, Trenton. (srm, ) (Entered: 06/25/2007)
06/27/2007  14
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 3. Service Date 06/27/2007. (Admin.) (Entered: 06/28/2007)
08/28/2007  15
(48 pgs; 9 docs)
Motion For Summary Judgment RE: Dismissing the Complaint in favor of 21st Capital Corp and against Countrywide Home Loans. Filed by 21st Capital Corp.Hearing scheduled for 9/26/2007 at 09:00 AM at KCF - Courtroom 2, Trenton. (Attachments: 1 Certification of Gregg P. Tabakin, Esq.2 Exhibit A to the Certification of Gregg P. Tabakin, Esq.3 Exhibit B to the Certification of Gregg P. Tabakin, Esq.4 Exhibit C to the Certification of Gregg P. Tabakin, Esq.5 Exhibit D to the Certification of Gregg P. Tabakin, Esq.6 Brief in support of Motion for Summary Judgment7 Proposed Order 8 Certificate of Service) (Tabakin, Gregg) (Entered: 08/28/2007)
08/28/2007  16
(2 pgs)
Supplemental Certificate of Service (related document:15 Motion for Summary Judgment,, filed by Defendant 21st Capital Corp) filed by Gregg Tabakin on behalf of 21st Capital Corp. (Tabakin, Gregg) (Entered: 08/28/2007)
08/31/2007  17
(95 pgs; 4 docs)
Motion For Summary Judgment RE: Establishing the priority of plaintiff's lien against the proceeds from the sale of the debtor's real property in favor of Countrywide Home Loans and against 21st Capital Corp.. Filed by Countrywide Home Loans, Inc..Hearing scheduled for 9/26/2007 at 02:00 PM at KCF - Courtroom 2, Trenton. (Attachments: 1 Brief in support2 Proposed Order 3 Certificate of Service) (seg, ) (Entered: 09/17/2007)
08/31/2007  18
(2 pgs)
Certification of Non Compliance (related document:17 Motion for Summary Judgment, filed by Defendant Countrywide Home Loans, Inc.) filed by Patrick J. Madden on behalf of Patrick J. Madden. (seg, ) (Entered: 09/17/2007)
09/06/2007  19
(3 pgs)
Amended Notice of Motion. Reason for Amendment: correcting hearing date (related document:17 Motion For Summary Judgment RE: Establishing the priority of plaintiff's lien against the proceeds from the sale of the debtor's real property in favor of Countrywide Home Loans and against 21st Capital Corp. filed by Countrywide Home Loans, Inc.) Filed by Countrywide Home Loans, Inc. (seg, ) (Entered: 09/17/2007)
09/06/2007  20
(2 pgs)
Certificate of Service (related document:19 Amended Notice of Motion, filed by Countrywide Home Loans, Inc.) filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc. (seg, ) (Entered: 09/17/2007)
09/17/2007    HEARING RESCHEDULED FROM 9:00 AM TO 2:00 PM (related document:15 Motion For Summary Judgment RE: Dismissing the Complaint in favor of 21st Capital Corp and against Countrywide Home Loans. filed by Defendant 21st Capital Corp). HEARING SCHEDULED FOR 9/26/2007 at 02:00 PM at KCF - Courtroom 2, Trenton. (seg, ) (Entered: 09/17/2007)
09/17/2007  21
(35 pgs; 2 docs)
Brief in Opposition to (related document:15 Motion For Summary Judgment RE: Dismissing the Complaint in favor of 21st Capital Corp and against Countrywide Home Loans. filed by Defendant 21st Capital Corp) filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. (Attachments: 1 Certificate of Service) (wdr, ) (Entered: 09/17/2007)
09/17/2007  22
(2 pgs)
Certification of Non Compliance (related document:21 Opposition, filed by Defendant Countrywide Home Loans, Inc.) filed by Patrick J. Madden on behalf of Patrick J. Madden. (wdr, ) (Entered: 09/17/2007)
09/24/2007  23
(2 pgs)
Brief in Opposition to Countrywide's Motion for Summary Judgment (related document:19 Amended Motion. Reason for Amendment: correcting hearing date (related document:17 Motion For Summary Judgment RE: Establishing the priority of plaintiff's lien against the proceeds from the sale of the debtor's real property in favor of Cou filed by Defendant Countrywide Home Loans, Inc., 15 Motion For Summary Judgment RE: Dismissing the Complaint in favor of 21st Capital Corp and against Countrywide Home Loans. filed by Defendant 21st Capital Corp) filed by Gregg Tabakin on behalf of 21st Capital Corp. (Tabakin, Gregg) (Entered: 09/24/2007)
09/25/2007  24
(2 pgs)
Supplemental Certificate of Service (related document:19 Amended Motion, filed by Defendant Countrywide Home Loans, Inc., 15 Motion for Summary Judgment,, filed by Defendant 21st Capital Corp) filed by Gregg Tabakin on behalf of 21st Capital Corp. (Tabakin, Gregg) (Entered: 09/25/2007)
09/26/2007    Minute of Hearing Held, OUTCOME: Denied (related document:15 Motion For Summary Judgment RE: Dismissing the Complaint in favor of 21st Capital Corp and against Countrywide Home Loans. filed by Defendant 21st Capital Corp) (seg, ) (Entered: 09/26/2007)
09/26/2007    Minute of Hearing Held, OUTCOME: Denied (related document:17 Motion For Summary Judgment RE: Establishing the priority of plaintiff's lien against the proceeds from the sale of the debtor's real property in favor of Countrywide Home Loans and against 21st Capital Corp. filed by Defendant Countrywide Home Loans, Inc.) (seg, ) (Entered: 09/26/2007)
09/27/2007  25
(3 pgs; 2 docs)
Order Denying Motion For Summary Judgment (Related Doc # 15). The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendants Attorneys. Signed on 9/27/2007. (srm, ) (Entered: 09/27/2007)
09/27/2007  26
(3 pgs; 2 docs)
Order Denying Motion For Summary Judgment (Related Doc # 17). The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendants Attorneys. Signed on 9/27/2007. (srm, ) (Entered: 09/28/2007)
09/29/2007  27
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 09/29/2007. (Admin.) (Entered: 09/30/2007)
09/30/2007  28
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 09/30/2007. (Admin.) (Entered: 10/01/2007)
11/15/2007  29
(1 pg)
Stipulated Dismissal in an Adversary Proceeding filed by Gregg Tabakin on behalf of 21st Capital Corp. (Tabakin, Gregg) (Entered: 11/15/2007)
11/29/2007    Hearing Rescheduled from 11/29/2007. (related document:13 Joint Scheduling Order). (Settlement Conference) Hearing scheduled for 12/5/2007 at 11:00 AM at KCF - Courtroom 2, Trenton. (seg, ) (Entered: 11/30/2007)
12/05/2007    Trial Rescheduled from 12/5/2007. (related document:13 Joint Scheduling Order). Trial date set for 2/5/2008 at 10:00 AM at KCF - Courtroom 2, Trenton. (seg, ) (Entered: 12/05/2007)
01/07/2008  30 Transcript of Hearing Held On: 9/26/07 Re: (related document:17 Motion for Summary Judgment, filed by Defendant Countrywide Home Loans, Inc.). **You are Noticed that a Transcript has been filed. Pursuant to the Judicial Conference Policy on Privacy, access to this transcript is restricted for five business days from the date of filing. All parties have five business days to file a Request for Redaction of any social security numbers, financial account data, names of minor-age children, dates of birth, and home addresses. If redaction is requested, the filing party has 21 calendar days from the date the transcript was filed to file a list of items to be redacted indicating the location of the identifiers within the transcript with the court and to provide the list to the transcriber. If no request is filed, the transcript will be made electronically available to the general public.** Notice of Intent to Redact deadline is 1/14/2008. (Cole Transcription Company, ) (Entered: 01/07/2008)
01/18/2008  31
(14 pgs; 6 docs)
Motion re: to Bar Expert Report and Testimony Filed by 21st Capital Corp. (Attachments: 1 Certification of Gregg P. Tabakin, Esq. in support of Motion to bar expert report and testimony2 Exhibit A to Certification of Gregg P. Tabakin, Esq.3 Statement why No Brief is Necessary4 Proposed Order Barring Expert Report and Testimony5 Certificate of Service) (Tabakin, Gregg) (Entered: 01/18/2008)
01/18/2008  32
(7 pgs; 3 docs)
Application to Shorten Time (related document:31 Motion re: to Bar Expert Report and Testimony filed by Defendant 21st Capital Corp) Filed by 21st Capital Corp. (Attachments: 1 Proposed Order Shortening Time2 Certificate of Service) (Tabakin, Gregg) (Entered: 01/18/2008)
01/22/2008  33
(32 pgs; 5 docs)
Cross Motion re: To Extend Discovery (related document:31 Motion re: to Bar Expert Report and Testimony filed by Defendant 21st Capital Corp) Filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. (Attachments: 1 Letter Brief2 Certification of Patrick J. Madden3 Proposed Order 4 Certificate of Service) (Madden, Patrick) (Entered: 01/22/2008)
01/22/2008  34
(3 pgs)
Order Granting Application to Shorten Time (related document:31 Motion re: to Bar Expert Report and Testimony filed by Defendant 21st Capital Corp). The following parties were served: Plaintiff, Plaintiff 's Attorney, Defendant, Defendant 's Attorney. Signed on 1/22/2008. Hearing scheduled for 2/4/2008 at 10:00 AM at KCF - Courtroom 2, Trenton. (fed, ) (Entered: 01/22/2008)
01/22/2008    Hearing Scheduled. (related document:33 Cross Motion re: To Extend Discovery (related document:31 Motion re: to Bar Expert Report and Testimony filed by Defendant 21st Capital Corp) filed by Defendant Countrywide Home Loans, Inc.). Hearing scheduled for 2/4/2008 at 10:00 AM at KCF - Courtroom 2, Trenton. (seg, ) (Entered: 01/22/2008)
02/04/2008    Hearing Withdrawn (related document:31 Motion re: to Bar Expert Report and Testimony filed by Defendant 21st Capital Corp) (seg, ) (Entered: 02/04/2008)
02/04/2008    Hearing Withdrawn (related document:33 Cross Motion re: To Extend Discovery (related document:31 Motion re: to Bar Expert Report and Testimony filed by Defendant 21st Capital Corp) filed by Defendant Countrywide Home Loans, Inc.) (seg, ) (Entered: 02/04/2008)
02/05/2008    Minute of Hearing Held, OUTCOME: Amended joint proposed scheduling order to be submitted (related document:13 Joint Scheduling Order) (seg, ) (Entered: 02/05/2008)
03/24/2008  35
(4 pgs; 2 docs)
Joint Scheduling Order. The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendants' Attorneys. Signed on 3/24/2008 Discovery due by 5/20/2008. Trial date set for 9/9/2008 at 10:00 AM at KCF - Courtroom 2, Trenton. (seg, ) (Entered: 03/24/2008)
03/26/2008  36
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 03/26/2008. (Admin.) (Entered: 03/27/2008)
06/24/2008  37
(208 pgs; 9 docs)
Motion re: Summary Judgment Disallowing the Claim of Defendant 21st Capital Corp. Pursuant to 11 U.S.C. Section 502(b) Filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. Hearing scheduled for 7/30/2008 at 02:00 PM at KCF - Courtroom 2, Trenton. (Attachments: 1 Brief 2 Exhibits 1 through 43 Exhibits 5 through 104 Exhibit 115 Exhibits 12 through 156 Certification of Counsel7 Proposed Order 8 Certificate of Service) (Madden, Patrick) (Entered: 06/24/2008)
07/22/2008  38
(58 pgs; 5 docs)
Brief in Opposition to Countrywide Home Loans' Motion for Summary Judgment (related document:37 Motion re: Summary Judgment Disallowing the Claim of Defendant 21st Capital Corp. Pursuant to 11 U.S.C. Section 502(b) filed by Defendant Countrywide Home Loans, Inc.) filed by Gregg Tabakin on behalf of 21st Capital Corp. (Attachments: 1 Certification of Jack Ford2 Certification of Barry Charles3 Certification of Gregg P. Tabakin, Esq.4 Certificate of Service) (Tabakin, Gregg) (Entered: 07/22/2008)
07/30/2008    Minute of Hearing Held, OUTCOME: Denied (related document:37 Motion re: Summary Judgment Disallowing the Claim of Defendant 21st Capital Corp. Pursuant to 11 U.S.C. Section 502(b) filed by Defendant Countrywide Home Loans, Inc.) (ghm) (Entered: 08/01/2008)
07/31/2008  39
(3 pgs; 2 docs)
Order Denying Defendant Countrywide Home Loan's Motion For Summary Judgment (Related Doc # 37). The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendant's Attorneys. Signed on 7/31/2008. (nmd, ) (Entered: 08/01/2008)
08/03/2008  40
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 08/03/2008. (Admin.) (Entered: 08/04/2008)
08/08/2008  41
(25 pgs; 5 docs)
Motion re: to Amend Complaint Filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. Hearing scheduled for 9/10/2008 at 09:00 AM at KCF - Courtroom 2, Trenton. (Attachments: 1 Letter Brief2 Proposed Order 3 Certification of Counsel4 Certificate of Service) (Madden, Patrick) Modified on 8/13/2008 (seg). (CORRECT HEARING TIME 2:00 PM) (Entered: 08/08/2008)
08/13/2008    HEARING RESCHEDULED FROM 9:00 AM TO 2:00 PM (related document:41 Motion re: to Amend Complaint filed by Defendant Countrywide Home Loans, Inc.). HEARING SCHEDULED FOR 9/10/2008 at 02:00 PM at KCF - Courtroom 2, Trenton. (seg, ) (Entered: 08/13/2008)
09/09/2008    Minute of Hearing Held, OUTCOME: Terminated; Motion to Amend Complaint Pending (related document:35 Joint Scheduling Order) (ghm) (Entered: 09/09/2008)
09/10/2008    Hearing Rescheduled from 9/10/2008. (related document:41 Motion re: to Amend Complaint filed by Defendant Countrywide Home Loans, Inc.) Hearing scheduled for 10/8/2008 at 02:00 PM at KCF - Courtroom 2, Trenton. (ghm (Entered: 09/12/2008)
10/01/2008  42
(16 pgs)
Transcript of Hearing Held On: 7/30/08 Re: (related document:37 Motion (Generic), Motion (Generic) filed by Defendant Countrywide Home Loans, Inc.). **You are Noticed that a Transcript has been filed. Pursuant to the Judicial Conference Policy on Privacy, access to this transcript is restricted for five business days from the date of filing. All parties have five business days to file a Request for Redaction of any social security numbers, financial account data, names of minor-age children, dates of birth, and home addresses. If redaction is requested, the filing party has 21 calendar days from the date the transcript was filed to file a list of items to be redacted indicating the location of the identifiers within the transcript with the court and to provide the list to the transcriber. If no request is filed, the transcript will be made electronically available to the general public.** Notice of Intent to Redact deadline is 10/6/2008. (Cole Transcription Company) CHANGED DATE OF HEARING FROM 9/26/2007 TO CORRECT DATE OF 7/30/2008 Modified on 10/20/2008 (ghm). (Entered: 10/01/2008)
10/08/2008    Minute of Hearing Held, OUTCOME: Granted (related document:41 Motion re: to Amend Complaint Filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc. (ghm) (Entered: 10/10/2008)
10/09/2008  43
(3 pgs; 2 docs)
Order Granting Plaintiff Countrywide Home Loans, Inc. Leave To Amend Its Complaint (Related Doc # 41). The following parties were served: Plaintiff, Plaintiff 's Attorney, Defendant, Defendants' Attorneys. Signed on 10/9/2008. (srm) (Entered: 10/09/2008)
10/10/2008  44
(9 pgs)
Amended Complaint Filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. Reason for amendment: to determine nature, extent, priority and validity of lien(s), to void lien(s) and for other relief. (Madden, Patrick) (Entered: 10/10/2008)
10/11/2008  45
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 10/11/2008. (Admin.) (Entered: 10/12/2008)
10/20/2008  46
(5 pgs; 3 docs)
Notice of Pre-Trial Hearing for: (related document:44 Amended Complaint). The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendants' Attorneys. Pre-Trial Hearing scheduled for 11/17/2008 at 02:00 PM at KCF - Courtroom 2, Trenton. (Attachments: 1 pre-trial instructions2 proposed scheduling order) (seg) (Entered: 10/20/2008)
10/22/2008  47
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 10/22/2008. (Admin.) (Entered: 10/23/2008)
11/04/2008  48
(10 pgs; 2 docs)
Answer to Complaint filed by Gregg Tabakin on behalf of 21st Capital Corp, Counterclaim by Gregg Tabakin on behalf of 21st Capital Corp against Countrywide Home Loans, Inc. . (Attachments: 1 Certificate of Service) (Tabakin, Gregg) (Entered: 11/04/2008)
11/12/2008  49
(4 pgs; 2 docs)
Joint Scheduling Order. The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendant's Attorney. Signed on 11/12/2008 Discovery due by 3/18/2009. Trial date set for 7/21/2009 at 10:00 AM at KCF - Courtroom 2, Trenton. (srm) (Entered: 11/13/2008)
11/15/2008  50
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 11/15/2008. (Admin.) (Entered: 11/16/2008)
11/17/2008    Hearing Rescheduled from 11/17/2008. (related document:46 Notice of Pre-Trial Hearing for:)Joint Proposed Scheduling Order Entered; Trial date set for 7/21/2009 at 10:00 AM at KCF - Courtroom 2, Trenton. (ghm) (Entered: 11/18/2008)
11/26/2008  51
(2 pgs)
Answer to COUNTERCLAIM Complaint filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. (Madden, Patrick) Modified TEXT CAPTION on 12/1/2008 (llb). (Entered: 11/26/2008)
02/03/2009  52
(24 pgs; 4 docs)
Motion to Compel 21st Capital Corp.'s responses to discovery requests and to compel the deposition of Jack Ford and the 30(b)(6) representative of 21st Capital Corp. Filed by Countrywide Home Loans, Inc..Hearing scheduled for 2/25/2009 at 09:00 AM at KCF - Courtroom 2, Trenton. (Attachments: 1 Certification in Support2 Proposed Order 3 Certificate of Service) (seg) (Entered: 04/08/2009)
02/25/2009    Hearing Rescheduled from 2/25/2009. (related document:52 Motion to Compel 21st Capital Corp.'s responses to discovery requests and to compel the deposition of Jack Ford and the 30 filed by Defendant Countrywide Home Loans, Inc.). Hearing scheduled for 3/11/2009 at 03:00 PM at KCF - Courtroom 2, Trenton. (seg) (Entered: 04/08/2009)
03/11/2009    Hearing Rescheduled from 3/11/2009. (related document:52 Motion to Compel 21st Capital Corp.'s responses to discovery requests and to compel the deposition of Jack Ford and the 30 filed by Defendant Countrywide Home Loans, Inc.). Hearing scheduled for 4/8/2009 at 02:00 PM at KCF - Courtroom 2, Trenton. (seg) (Entered: 04/08/2009)
04/08/2009    Minute of Hearing Held, OUTCOME: Consent Order to be Submitted (related document:52 Motion to Compel 21st Capital Corp.'s responses to discovery requests and to compel the deposition of Jack Ford and the 30 filed by Counter-Defendant Countrywide Home Loans, Inc., Defendant Countrywide Home Loans, Inc.) (seg) (Entered: 04/09/2009)
05/15/2009  53
(1 pg)
Certificate of Consent. Filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. (Madden, Patrick) (Entered: 05/15/2009)
05/15/2009  54
(5 pgs; 2 docs)
Consent Order for Bifurcation (related document:52 Motion to Compel 21st Capital Corp.'s responses to discovery requests and to compel the deposition of Jack Ford and the 30(b)(6) representative of 21st Capital Corp., 53 Certificate of Consent) filed by Patrick J. Madden and Gregg Tabakin. The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendant's Attorney. Signed on 5/15/2009 (seg) (Entered: 05/27/2009)
05/29/2009  55
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 05/29/2009. (Admin.) (Entered: 05/30/2009)
06/29/2009  56
(1 pg)
Certificate of Consent. Filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. (Madden, Patrick) (Entered: 06/29/2009)
06/29/2009  57
(4 pgs; 2 docs)
Amended Consent Order For Bifurcation. (related document:56 Certificate of Consent (Adversary) filed by Defendant Countrywide Home Loans, Inc.). The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendants' Attorneys. Signed on 6/29/2009 Discovery due by 7/30/2009. Trial date set for 10/20/2009 at 10:00 AM at KCF - Courtroom 2, Trenton. (srm) (Entered: 06/29/2009)
07/01/2009  58
(2 pgs)
BNC Certificate of Service - Order No. of Notices: 2. Service Date 07/01/2009. (Admin.) (Entered: 07/02/2009)
07/21/2009    Hearing Rescheduled from 7/21/2009. Amended Consent for Bifurcation Entered(related document:49 Joint Scheduling Order. The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendant's Attorney. Signed on 11/12/2008 Discovery due by 3/18/2009. Trial date set for 10/20/2009 at 10:00 AM at KCF - Courtroom 2, Trenton. (ghm) (Entered: 07/21/2009)
08/10/2009  59
(1 pg)
Notice of Appearance and Request for Service of Notice filed by Albert Russo (NA) on behalf of Albert Russo. (Russo (NA), Albert) (Entered: 08/10/2009)
10/13/2009  60
(122 pgs)
Stipulation Between Countrywide Home Loans, Inc. and Twenty-First Capital Corp., re:(Joint) of Facts filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. (Madden, Patrick) (Entered: 10/13/2009)
10/15/2009  61
(57 pgs; 2 docs)
Trial Brief filed by Patrick J. Madden on behalf of Countrywide Home Loans, Inc.. (Attachments: 1 Witness List) (Madden, Patrick) (Entered: 10/15/2009)
10/15/2009  62
(10 pgs)
Trial Brief filed by Gregg Tabakin on behalf of 21st Capital Corp. (Tabakin, Gregg) (Entered: 10/15/2009)
10/19/2009  63
(1 pg)
Document re: Witness List filed by Gregg Tabakin on behalf of 21st Capital Corp. (Tabakin, Gregg) (Entered: 10/19/2009)
10/20/2009    Minute of Hearing Held, OUTCOME: Reserve Decision (related document:57 Amended Consent Order For Bifurcation filed by Counter-Claimant 21st Capital Corp, Defendant 21st Capital Corp) (ghm) (Entered: 10/20/2009)
01/11/2010  64
(10 pgs)
Memorandum Opinion - Priority Issue . The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendant's Attorney. Signed on 1/11/2010 (fed) SUMMARY: The Court followed the direction of United States v. Avila, 88 F.3d 229 (3d Cir. 1996) in recognizing that the priority of mortgages had to be determined under New Jersey state law. The Court referenced N.J.S.A. § 46:22-1 and Felicioni v. Admin. Office of Courts, 404 N.J. Super. 382 (App. Div. 2008) in determining which mortgage would be placed in the first priority position. (Entered: 01/11/2010)
01/22/2010  65
(3 pgs; 2 docs)
ORDER ESTABLISHING PRIORITY OF PLAINTIFF COUNTRYWIDE HOME LOANS, INC.'S MORTGAGE. Management conference scheduled for 02/08/10 at 2:00 pm. (related document:64 Opinion). The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendants' Attorneys. Signed on 1/22/2010 (srm) (Entered: 01/25/2010)
01/22/2010    Hearing Scheduled. (related document:65 ORDER ESTABLISHING PRIORITY OF PLAINTIFF COUNTRYWIDE HOME LOANS, INC.'S MORTGAGE. Hearing scheduled for 2/8/2010 at 02:00 PM at KCF - Courtroom 2, Trenton. (srm) (Entered: 01/25/2010)
01/27/2010  66
(2 pgs)
BNC Certificate of Mailing - Order No. of Notices: 2. Service Date 01/27/2010. (Admin.) (Entered: 01/28/2010)
02/08/2010    Hearing Rescheduled from 2/8/2010. (related document:65 ORDER ESTABLISHING PRIORITY OF PLAINTIFF COUNTRYWIDE HOME LOANS, INC.'S MORTGAGE. Management conference scheduled scheduled for 2/24/2010 at 09:00 AM at KCF - Courtroom 2, Trenton. (ghm) (Entered: 02/08/2010)
02/24/2010    Hearing Rescheduled from 2/24/2010. (related document:65 ORDER ESTABLISHING PRIORITY OF PLAINTIFF COUNTRYWIDE HOME LOANS, INC.'S MORTGAGE. Management conference scheduled for 02/08/10 at 2:00 pm.) Hearing scheduled for 3/10/2010 at 02:00 PM at KCF - Courtroom 2, Trenton. (ghm) (Entered: 02/24/2010)
03/10/2010    Hearing Rescheduled from 3/10/2010. (related document:65 ORDER ESTABLISHING PRIORITY OF PLAINTIFF COUNTRYWIDE HOME LOANS, INC.'S MORTGAGE. Management conference scheduled for 02/08/10 at 2:00 pm.) Hearing scheduled for 4/14/2010 at 02:00 PM at KCF - Courtroom 2, Trenton. (ghm) (Entered: 03/12/2010)
04/14/2010    Minute of Hearing Held, OUTCOME: Consent Order to be Submitted (related document:65 ORDER ESTABLISHING PRIORITY OF PLAINTIFF COUNTRYWIDE HOME LOANS, INC.'S MORTGAGE. Management conference scheduled for 02/08/10 at 2:00 pm.) (ghm) (Entered: 04/16/2010)
06/02/2010  67
(3 pgs; 2 docs)
Order to Close Case (Case Number: 3:06-ap-1344). Reason: settled. (related document:1 Complaint filed by Plaintiff Richard A. Spair). The following parties were served: Plaintiff, Plaintiff's Attorney, Defendant, Defendants' Attorneys. Signed on 6/2/2010 (srm) (Entered: 06/03/2010)
06/03/2010    Adversary Case (3:06-ap-1344) Closed. (seg) (Entered: 06/03/2010)
06/05/2010  68
(2 pgs)
BNC Certificate of Mailing - Order No. of Notices: 2. Service Date 06/05/2010. (Admin.) (Entered: 06/06/2010)





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