Case: Boykin v. Bank of America Corporation

Boykin v. Bank of America Corp.

Boykin v. Bank of America

Boykin v. Bank of America

Boykin v. Bank of America

Boykin v. Bank of America Corp.

U.S. Court of Appeals for the Eleventh Circuit

Boykin v. Bank of America Corp.

Supreme Court of the United States

COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney FILING FEE $ 150.00 RECEIPT # 513861 (er) (Entered: 11/18/2003)

WAIVER OF SERVICE Returned Executed as to Bank of America mailed 2/12/04 Answer due by 4/12/04 for Bank of America (er) (Entered: 03/19/2004)

WAIVER OF SERVICE Returned Executed as to Equicredit Corp. mailed 2/12/04 Answer due by 4/12/04 for Equicredit Corp. (er) (Entered: 03/19/2004)

Notice of filing by plaintiff via certified mail service of the complaint as to dfts: Bank of America Corp., State of New York Executive Dept.; and U.S. Department of Housing and Urban Dev.. (er) (Entered: 03/31/2004)

MOTION by defts to dismiss pla's claims against the Bank with prejudice with brief in support. (er) (Entered: 04/14/2004)

MOTION by defendant Housing and Urban Dv to dismiss the claims raised against HUD with brief in support. (er) (Entered: 04/21/2004)

MOTION by plaintiff to deny dft's motion to dismis with brief in support. (er) (Entered: 04/21/2004)

MOTION by plaintiff to amend [7-1] pla's motion to deny dft's motion to dismis (er) (Entered: 04/28/2004)

MOTION by plaintiff to deny the U.S. Department of Housing Urban's Motion to Dismiss with Memorandum of Law in support. (aaq) (Entered: 05/04/2004)

REPLY by defendant Housing and Urban Dv to plaintiff's response in opposition to the [6-1] motion to dismiss the claims raised against HUD (aaq) (Entered: 05/04/2004)

Defendant's REPLY to response to [5-1] motion to dismiss pla's claims against the Bank with prejudice (tcc) (Entered: 05/12/2004)

ANSWERS TO INITIAL DISCLOSURES by defendant Equicredit Corp. (tcc) (Entered: 05/13/2004)

SUBMITTED to Judge Marvin H. Shoob on [5-1] defts' motion to dismiss pla's claims against the Bank with prejudice, [6-1] dft Housing and Urban Dv's motion to dismiss, [7-1] pla's motion to deny dft's motion to dismis, [8-1] pla's motion to amend [7-1] pla's motion to deny dft's motion to dismis, and [9-1] pla's motion to deny the U.S. Department of Housing Urban's Motion to Dismiss (er) (Entered: 05/19/2004)

ANSWERS TO INITIAL DISCLOSURES by plaintiff (er) (Entered: 05/21/2004)

Preliminary Report and Discovery Schedule by dft Equicredit. (to: MHS) (er) Modified on 05/27/2004 (Entered: 05/27/2004)

ENDORSED ORDER by Judge Marvin H. Shoob APPROVING [15-1] the Equicredit's preliminary report and discovery schedule. (cc) (er) (Entered: 06/16/2004)

ORDER by Judge Marvin H. Shoob GRANTING IN PART AND DENYING IN PART [5-1] defts Bank of America, N.A.'s and Equicredit Corporation of America's motion to dismiss; DISMISSING all of pla's claims except her FHA claim against dfts Bank of America, N.A. and Equicredit Corp. of America; GRANTING [6-1] dft United States Department of Housing and Urban Development's motion to dismiss; DENYING [7-1] [9-1] pla's motions to deny dft's motions to dismiss; GRANTING [8- 1] pla's motion to amend [7-1] pla's motion to deny dft's motion to dismiss; and DIRECTING pla to show cause within ten (10) days from the date of entry of this Order why dft State of New York Division of Human Resources should not be dismissed for pla's failure to serve dft in accordance to FRCP4. [17-1] order to be submitted on 6/29/04 (cc) (er) (Entered: 06/17/2004)

MOTION by plaintiff for an enlargement of time to serve the summons and [1-1] complaint with brief in support. (er) (Entered: 06/28/2004)

RESPONSE by plaintiff to [17-1] order (er) (Entered: 06/28/2004)

SUBMITTED to Judge Marvin H. Shoob on [17-1] order (er) (Entered: 06/28/2004)

ORDER granting 18 Motion for Extension of Time to Serve dft State of New York Division of Human Resources (DHR) and to File a Return of Service on or before 7/30/04 . Signed by Judge Marvin H. Shoob on 07/12/04. (er) (Entered: 07/19/2004)

Return of Service Executed. State of New York Executive Department, Division of Human Rights served on 7/28/2004, answer due 8/17/2004. (er) (Entered: 08/04/2004)

CERTIFICATE OF SERVICE by Bank of America Corporation: First Continuing Interrogatories and First Continuing Requests for Production to pla. (er) (Entered: 08/09/2004)

CERTIFICATE OF SERVICE by pla: First Set of Interrogatories and First Request for Production of Documents. (er) (Entered: 08/09/2004)

MOTION for Default as to New York State Division of Human Rights by pla. (er) (Entered: 09/20/2004)

CERTIFICATE OF SERVICE by Equicredit Corporation's objections and responses to pla's first set of interrogatories and first request for production of documents to pla. (er) (Entered: 09/21/2004)

ORDER granting in part and denying in part 25 pla's Motion for Default Judgment against defendant State of New York, Executive Department, Division of Human Rights. Signed by Judge Marvin H. Shoob on 09/24/04. (cc) (er) (Entered: 09/29/2004)

Clerk's Entry of Default as to State of New York Executive Department, Division of Human Rights per Order 27. (er) (Entered: 09/29/2004)

CERTIFICATE OF SERVICE by pla: Responses to EquiCredit Corp.'s first continuing interrogs. and first continuing requests for production to attys. (er) (Entered: 10/01/2004)

Remark : Proposed confidentiality agreement and consent protective order by pla and dft Equicredt Corp. (to: MHS) (er) (Entered: 10/07/2004)

CONFIDENTIALITY AGREEMENT AND CONSENT PROTECTIVE ORDER Signed by Judge Marvin H. Shoob on 10/08/2004. (CC)(er) (Entered: 10/12/2004)

CERTIFICATE OF SERVICE by Yvette Boykin: Responses to EquiCredit Corp.'s second continuing interrogs. and second continuing requests for production to Bank of America/EquiCredit Corp. (er) (Entered: 10/26/2004)

MOTION for Extension of Time for Discovery by Yvette Boykin. (er) (Entered: 11/29/2004)

CERTIFICATE OF SERVICE by Yvette Boykin: Plaintiff's second set of interrogatories to defts Bank of America/EquiCredit Corporation. (er) (Entered: 11/29/2004)

ORDER granting 33 plaintiff's motion for an extension of time thru 12/20/04, to complete discovery. Discovery ends on 12/20/2004. Signed by Judge Marvin H. Shoob on 11/29/04. (er) (Entered: 12/01/2004)

CERTIFICATE OF SERVICE by Equicredit Corporation: Objections and responses to plaintiff's second set of interrogatories to plaintiff. (er) (Entered: 01/06/2005)

MOTION to Compel discovery by Yvette Boykin. (er) (Entered: 01/06/2005)

CONSENT ORDER AND STIPULATION extending time to 1/20/05 to file motions for summary judgment. Signed by Judge Marvin H. Shoob on 1/7/05. (jsr) (Entered: 01/10/2005)

MOTION for Summary Judgment with Brief In Support by Bank of America Corporation, Equicredit Corporation. (Attachments: # 1 Statement of Material Facts # 2 Brief)(Lyons, Charles) (Entered: 01/20/2005)

DECLARATION of Andrew Della Loggia in support of 39 MOTION for Summary Judgment filed by defendants Bank of America and Equicredit Corporation. (Attachments: # 1 Tab-A# 2 Tab-B# 3 Tab-C# 4 Tab-D# 5 Tab-E)(er) (Entered: 01/24/2005)

APPENDIX TO BRIEF in Support of 39 MOTION for Summary Judgment filed by defendants Bank of America Corporation and Equicredit Corporation of America. (Attachments: # 1 Tab-1# 2 Tab-2# 3 Tab-3# 4 Tab-A# 5 Tab- B# 6 Tab-C# 7 Tab-D# 8 Tab-E# 9 Tab-4# 10 Tab-5# 11 Tab- 6# 12 Tab-7# 13 Tab-8# 14 Tab-9# 15 Tab-10# 16 Tab-11# 17 Tab-12)(er) (Entered: 01/24/2005)

NOTICE Of Filing original discovery materials (deposition of Yvette Boykin and declaration of Andrew Della Loggia) by defendants Bank of America Corporation and Equicredit Corporation of America re 39 MOTION for Summary Judgment (er) (Entered: 01/24/2005)

DEPOSITION of YVETTE BOYKIN taken on 11/05/2004 by defendants Bank of America Corporation and Equicredit Corporation of America.(er) (Entered: 01/24/2005)

MOTION for Summary Judgment and for partial summary judgment by Yvette Boykin. (Attachments: # 1 Memorandum of Law in support of motion# 2 Affirmation in support of motion# 3 Statement of Material Facts)(er) (Entered: 01/25/2005)

RESPONSE in Opposition re 37 MOTION to Compel discovery filed by Bank of America Corporation. (Attachments: # 1 Exhibit Declaration of Andrew Della-Loggia)(Lyons, Charles) (Entered: 01/21/2005)

Clerk's Notice to Parties to Respond to [39 Motion for Summary Judgment by defendants Bank of America, N.A. and EquiCredit Corporation of America. (er) (Entered: 01/25/2005)

Submission of 37 plaitiff's MOTION to Compel discovery, submitted to District Judge Marvin H. Shoob. (er) (Entered: 01/25/2005)

Clerk's Notice to Parties to Respond to 46 Motion for Summary Judgment and for Partial Summary Judgment filed by plaintiff.(er) (Entered: 01/25/2005)

RESPONSE Brief in Opposition to 39 MOTION for Summary Judgment filed by Yvette Boykin. (dr) (Entered: 02/11/2005)

Affirmation in Support of her response in opposition to 39 MOTION for Summary Judgment filed by Yvette Boykin. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10)(dr) (Entered: 02/11/2005)

ORDER denying 37Plaintiff's Motion to Compel . Signed by Judge Marvin H. Shoob on 2/10/05. (jsr) (Entered: 02/10/2005)

STATEMENT of Material Facts for trial in support of 49 Response in Opposition to Motion for summary judgment filed

Submission of 39 MOTION for Summary Judgment filed by Bank of America Corporation and Equicredit Corporation, 46 MOTION for Summary Judgment and for MOTION for Partial Summary Judgment by plaintiff, submitted to District Judge Marvin H. Shoob. (er) (Entered: 02/23/2005)

REPLY BRIEF re 39 MOTION for Summary Judgment filed by Equicredit Corporation of America, Bank Of America, N.A.. (Ewing, Constance) (Entered: 02/28/2005)

RESPONSE BRIEF to 53 defendants' reply brief in support of motion for summary judgment filed by Yvette Boykin. (er) (Entered: 03/16/2005)

RESPONSE in Support re 39 MOTION for Summary Judgment Supplemental Brief filed by Equicredit Corporation of America, Bank Of America, N.A.. (Lyons, Charles) (Entered: 03/22/2005)

NOTICE of Appearance by Constance Melissa Ewing on behalf of Equicredit Corporation of America, Bank Of America, N.A. (Ewing, Constance) (Entered: 03/24/2005)

ORDER granting 39Defendant's Motion for Summary Judgment, denying 46Plaintiff's Motion for Partial Summary Judgment, denying 46Plaintiff's Motion for Summary Judgment, and DISMISSING the action as to all defendants . Signed by Judge Marvin H. Shoob on 5/23/05. (jsr) (Entered: 05/23/2005)

Civil Case Terminated. (dr) (Entered: 05/24/2005)

CLERK'S JUDGMENT in favor of defendant against plaintiff (dr) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 05/24/2005)

BILL OF COSTS and attached Supplement by Bank of America Corporation, Equicredit Corporation, Equicredit Corporation of America, Bank Of America, N.A.. (Lyons, Charles) (Entered: 06/13/2005)

Costs Taxed in amount of $710.94 against plaintiff. (er) (Entered: 06/14/2005)

NOTICE OF APPEAL by Yvette Boykin as to 58 Clerk's Judgment, 57 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment. Fee not paid. Transcript Order Form due on 7/6/2005 (ckd) (Entered: 06/22/2005)

Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals re 61 Notice of Appeal (ckd) (Entered: 06/22/2005)

USCA Appeal Fees received $ 255 receipt number 538566 re: 61 Notice of Appeal filed by Yvette Boykin, (ckd) (Entered: 06/23/2005)

TRANSCRIPT ORDER FORM by Yvette Boykin (no hearing) re: 61 Notice of Appeal, Case Appealed to USCA Eleventh Circuit Case Number 00-000000. Certificate of Readiness due on 7/7/2005 (ckd) (Entered: 06/23/2005)

Certified copy of docket sheet forwarded to USCA reflecting payment of appeal fees re: 61 Notice of Appeal filed by Yvette Boykin,. Case Appealed to USCA Eleventh Circuit Case Number 00-000000. (ckd) (Entered: 06/23/2005)

USCA Acknowledgment of 61 Notice of Appeal filed by Yvette Boykin. Case Appealed to USCA - 11th Circuit Case Number 05-13494-G (kac) (Entered: 06/30/2005)

USCA Acknowledgment of appeal filing and docketing fees re: 61 Notice of Appeal filed by Yvette Boykin. Case Appealed to USCA - 11th Circuit Case Number 05-13494-G. (kac) (Entered: 06/30/2005)

CERTIFICATE OF READINESS of Appeal Record (4 volumes pleadings; 1 deposition) re: 61 Notice of Appeal filed by Yvette Boykin,. USCA Case Number 05-13494-GG (ckd) (Entered: 07/14/2005)

Certified copy of CERTIFICATE OF READINESS transmitted to USCA re: 61 Notice of Appeal. Case Appealed to USCA Eleventh Circuit Case Number 05-13494-GG (ckd) (Entered: 07/15/2005)

USCA Acknowledgment COR re: 61 Notice of Appeal filed by Yvette Boykin,. Case Appealed to USCA Eleventh Circuit Case Number 05-13494-GG. (ckd) (Entered: 07/22/2005)

FORTHWITH LETTER from USCA re 61 Notice of Appeal filed by Yvette Boykin,. Case Appealed to USCA Eleventh Circuit Case Number 05-13494-GG. Appeal Record due by 9/26/2005. (ckd) (Entered: 09/15/2005)

NOTICE of Docketing Record on Appeal from USCA re: 61 Notice of Appeal filed by Yvette Boykin. Case Appealed to USCA Eleventh Circuit Case Number 05-13494-GG. (ckd) (Entered: 09/26/2005)

Certified copy of JUDGMENT of USCA AFFIRMING the decision of the District Court re:61 Notice of Appeal filed by Yvette Boykin, Case Appealed to United States Court of Appeals Eleventh Circuit Case Number 05-13494. (ckd) (Entered: 02/15/2006)

Appeal Record Returned (4 volumes pleadings; 1 deposition) : 61 Notice of Appeal Case Appealed to United States Court of Appeals Eleventh Circuit Case Number 05-13494-GG. (ckd) (Entered: 02/16/2006)

THe Supreme Court has denied certiorari re 61 Notice of Appeal.Case Appealed to USCA Case Number 05-13494-GG. No further action will be taken by the Eleventh Circuit. (fem) (Entered: 07/11/2006)