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Court

Indiana appeal court

Indiana

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Case Information

Filed 2022-04-18
Type Mortgage Foreclosure
Docket 65 entries
Disposition dismiss this appeal

Docket Entries

  1. pinion Certified Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin Notice Date: 05/17/2023
  2. ocument Transmitted
  3. pinion Issued MEMORANDUM DECISION MEMORANDUM DECISION Riley, J. - affirm/reverse/remand Altice, C.J. & Pyle, J. concur Judicial Officer: Riley, Patricia A. Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 03/20/2023
  4. ocument Transmitted
  5. rder Issued order denying motion to take judicial notice Having reviewed the matter, the Court finds and orders as follows: Appellant's Motion to Take Judicial Notice of Cook County, Illinois' Court Order is denied. All panel judges concur. Judicial Officer: Altice, Robert R. Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 03/15/2023
  6. ocument Transmitted
  7. ase Fully Briefed Oral Argument Requested: No FB Date: 01/05/2023
  8. ransmitted to Court of Appeals
  9. rder Issued order holding motion for judicial notice in abeyance Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Take Judicial Notice of Cook County, Illinois' Court Order is held in abeyance to be addressed by the writing panel to which this case is assigned. 2. Personnel in the Office of the Administrator are directed to mark the docket to bring this order and Appellant's Motion to Take Judicial Notice of Cook County, Illinois' Court Order to the attention of the writing panel to which this case is assigned. Judicial Officer: Bradford, Cale J. Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 12/28/2022
  10. ocument Transmitted
  11. lectronic Documents Received from Trial Court Clerk. Volumes of Transcripts - One (1) Volumes of T/C - One (1) Disk Received By-Mailed 12/21/2022 Postmark: 12/19/2022
  12. ocument Filed Motion to Take Judicial Notice of Cook County Illinois Court Order Motion to Take Judicial Notice of Cook County Illinois Court Order Exhibit A Motion to Take Judicial Notice of Cook County, Illinois' Court Order Certificate of Service- Electronically Served 12/15/2022 as stated Attorney: Stevens, William Party: Central Market of Indiana Inc File Stamp: 12/16/2022
  13. rial Court Clerk Notified to Transmit Transcript Date Sent: 12/13/2022
  14. ocument Transmitted
  15. rder Issued order accepting notice of intent not to file brief Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Notice of Intent Not to File Appellee's Brief is accepted, and the stay of this appeal is lifted. 2. Personnel in the Office of the Administrator are directed to mark the docket to bring this order and Appellee's Notice of Intent Not to File Appellee's Brief to the attention of the writing panel to which this case is assigned. 3. The Clerk of the Court is directed to designate this case as being fully briefed. Judicial Officer: Bradford, Cale J. Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 12/12/2022
  16. ocument Transmitted
  17. otice **Notice of Intent Not to File Appellee's Brief - Hisdale Bank & Trust Co, NA**; Certificate of Service- Electronically Served served to Willam James Stevens & Kevin Werner; Mailed to all others 12/06/22 Attorney: Endres, Justin Attorney: Schuler, Nicholas Party: HINSDALE BANK & TRUST COMPANY LLC, File Stamp: 12/06/2022
  18. rder Issued order accepting status report Having reviewed the matter, the Court finds and orders as follows: 1. Appellee Hinsdale Bank & Trust Company's Status Report on Settlement Negotiations is accepted. This appeal remains stayed pending further order of the Court. 2. Within sixty (60) days of the date of this order: (A) Appellant shall file a motion to dismiss this appeal with prejudice; (B) Appellee Hinsdale Bank & Trust Company shall file a status report concerning settlement of this matter; or (C) Appellee Hinsdale Bank & Trust Company shall file its brief. Judicial Officer: Bradford, Cale J. Party: HINSDALE BANK & TRUST COMPANY LLC, Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 11/09/2022
  19. ocument Transmitted
  20. tatus Report Certificate of Service- Electronically Served William Stevens and Kevin Werner, all others by mail on 10/31/22 Attorney: Endres, Justin Attorney: Schuler, Nicholas Party: HINSDALE BANK & TRUST COMPANY LLC, File Stamp: 10/31/2022
  21. otice of Defect Cured Clerk Comments: Status Report Party: HINSDALE BANK & TRUST COMPANY LLC, Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 10/31/2022
  22. ocument Transmitted
  23. eceived Document Receive Date: 10/28/22 Status Report of Settlement Negotiations. The certificate of service is not dated. The certificate also does not state, by name, who was served electronically. The e-filing system does not automatically serve documents. PostmarkDate: 10/28/2022
  24. otice of Defect Issued Status Report Party: HINSDALE BANK & TRUST COMPANY LLC, Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin Issue Date: 10/28/2022
  25. ocument Transmitted
  26. rder Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Agreed Verified Motion for Extension of Time to File Appellee's Brief is granted in part. This appeal is stayed pending further order of this Court. 2. Within thirty (30) days of the date of this order: (1) Appellant is ordered to file a motion to dismiss this appeal with prejudice; (2) Appellee is ordered to file a status report regarding settlement negotiations; or (3) Appellee is ordered to file Appellee's brief. Judicial Officer: Bradford, Cale J. Party: HINSDALE BANK & TRUST COMPANY LLC, Party: Naseer, Bushra Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 09/30/2022
  27. ocument Transmitted
  28. ursuant to App.R. 23(D), Parties Notified of Filing Clerk Comments: Agreed Verified Motion For Extension Of Time To File Appellee's Brief. Party: HINSDALE BANK & TRUST COMPANY LLC, Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin Sent Date: 09/29/2022
  29. otion for Extension of Time to File Brief Agreed Motion for Extension of Time to File Appellee's Brief Certificate of Service-Mailed 09/29/22 Attorney: Endres, Justin Attorney: Schuler, Nicholas Party: HINSDALE BANK & TRUST COMPANY LLC, File Stamp: 09/29/2022
  30. ocument Transmitted
  31. rder Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellees' Verified Motion for Extension of Time to File Appellee's Brief is granted in part. 2. Appellee's brief is due on or before October 6, 2022. Judicial Officer: Bradford, Cale J. Party: HINSDALE BANK & TRUST COMPANY LLC, Party: Naseer, Bushra Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 09/02/2022
  32. ocument Transmitted
  33. rief - Appellant Brief - Appellant Brief - Orders Appealed Certificate of Service- Electronically Served 08/04/22 Attorney: Stevens, William Party: Central Market of Indiana Inc File Stamp: 08/04/2022
  34. otion for Extension of Time to File Brief Motion for Extension of Time to File Appellee's Brief Certificate of Service-Mailed 08/31/22 Attorney: Endres, Justin Attorney: Schuler, Nicholas Party: HINSDALE BANK & TRUST COMPANY LLC, File Stamp: 08/31/2022
  35. ocument Transmitted
  36. ppendix Filed Volumes of Appendices: Three (3) Certificate of Service- Electronically Served 08/09/22 Attorney: Stevens, William Party: Central Market of Indiana Inc File Stamp: 08/09/2022
  37. otice of Defect Cured Clerk Comments: Appellant's Appendix Party: Central Market of Indiana Inc Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 08/09/2022
  38. ocument Transmitted
  39. eceived Document Receive Date: 08/09/22 Appellant's Appendix - Volume 3 is incorrectly paginated. Defect Not Cured; must resubmit all volumes. PostmarkDate: 08/09/2022
  40. otice of Defect Not Cured Letter Issued Clerk Comments: Appellant's Appendix - Volume 3 is incorrectly paginated. Defect Not Cured; must resubmit all volumes. Party: Central Market of Indiana Inc Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin Issue Date: 08/09/2022
  41. otice of Defect Issued Appellant's Appendix Party: Central Market of Indiana Inc Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin Issue Date: 08/05/2022
  42. ocument Transmitted
  43. eceived Document Receive Date: 08/05/22 Appellant's Appendix Vol 1 only, contains verification of accuracy, all volumes must be resubmitted; Defect Not Cured. PostmarkDate: 08/05/2022
  44. otice of Defect Not Cured Letter Issued Clerk Comments: Appellant's Appendix Vol 1 only, contains verification of accuracy, all volumes must be resubmitted; Defect Not Cured. Party: Central Market of Indiana Inc Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin Issue Date: 08/05/2022
  45. ocument Transmitted
  46. eceived Document Receive Date: 08/04/22 Appellant's Appendix - lacks verification of accuracy statement. PostmarkDate: 08/04/2022
  47. rder Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion for Extension of Time to File Appellant's Brief is granted. 2. Appellant's Brief shall be filed by August 5, 2022. Judicial Officer: Bradford, Cale J. Party: Central Market of Indiana Inc Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Serve: Werner, Kevin File Stamp: 06/21/2022
  48. ocument Transmitted
  49. otion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 06/16/22 Attorney: Stevens, William Party: Central Market of Indiana Inc File Stamp: 06/16/2022
  50. otice of Completion of Transcript Certificate of Service-Mailed 05/31/22 File Stamp: 05/31/2022
  51. ppearance Certificate of Service- Electronically Served 05/20/22; NOTE: Per call to attorney Kevin Werner, party was a Defendant in the original case and should be considered an Appellee in the Appeal. Attorney will tender an Amended Notice of Appeal to clarify party's relationship; Attorney: Werner, Kevin Party: Naseer, Bushra File Stamp: 05/20/2022
  52. ppearance **Amended to Clarify Relationship of Party**; Certificate of Service- Electronically Served 05/20/22 *as stated* Attorney: Werner, Kevin Party: Naseer, Bushra File Stamp: 05/23/2022
  53. rder Granting Temporary Admission order granting temp admission Having reviewed the matter, the Court finds and orders as follows: 1. The petition for temporary admission is granted. 2. Nicholas J. Schuler, Jr. is now admitted on temporary admission for Appellee. 3. Attorney Nicholas J. Schuler, Jr. is hereby ordered to comply with the requirements of Admission and Discipline Rule 3, Section 2(a). Failure to do so will subject Nicholas J. Schuler, Jr. to discipline. See Admis. Disc. R. 3, sec. 2(c). 4. Co-counsel is directed to comply with Admission and Discipline Rule 3, Section 2(b), including the requirement that all documents filed in this case be signed by a member of the bar of the State of Indiana. 5. The Clerk is directed to send a copy of this order to Nicholas J. Schuler, Jr. and to all other counsel of record. Judicial Officer: Bradford, Cale J. Party: Schuler, Nicholas Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William File Stamp: 05/12/2022
  54. ocument Transmitted
  55. etition for Temporary Admission Verified Petition for Temporary Admission - Nicholas J Schuler [Nicholas J Schuler, Jr]; Certificate of Service-Electronically Served 05/11/22 Attorney: Endres, Justin Attorney: Schuler, Nicholas Party: HINSDALE BANK & TRUST COMPANY LLC, File Stamp: 05/11/2022
  56. otice of Defect Cured Clerk Comments: Verified Petition for Temporary Admission of Nicholas J Schuler, Jr Party: HINSDALE BANK & TRUST COMPANY LLC, Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William File Stamp: 05/11/2022
  57. ocument Transmitted
  58. eceived Document Receive Date: 05/10/22 Verified Petition for Temporary Admission of Nicholas J Schuler, Jr; Certificate of Service must state that document has been served and must include names of all parties served. PostmarkDate: 05/10/2022
  59. otice of Defect Issued Verified Petition for Temporary Admission of Nicholas J Schuler, Jr Party: HINSDALE BANK & TRUST COMPANY LLC, Serve: Endres, Justin Serve: Schuler, Nicholas Serve: Stevens, William Issue Date: 05/10/2022
  60. ocument Transmitted
  61. ppearance Certificate of Service- Electronically Served 04/28/22 Attorney: Endres, Justin Party: HINSDALE BANK & TRUST COMPANY LLC, File Stamp: 04/28/2022
  62. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 04/20/22 File Stamp: 04/20/2022
  63. otice of Appeal Filed Certificate of Service- Electronically Served 04/18/22 Attorney: Stevens, William Party: Central Market of Indiana Inc File Stamp: 04/18/2022
  64. OA Service to Trial Court Sent Date: 04/19/2022
  65. ocument Transmitted

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