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U.S. District CourtNorthern District of Texas (Dallas)

CIVIL DOCKET FOR CASE #: 3:06-cv-00440-N

CLOSED, ECF, JURY, KAPL

EMC Mortgage Corp v. MortgageIT, IncAssigned to: Judge David C Godbey

Cause: 28:1441 Petition for Removal- Breach of Contract

Case in other court: 95th District Court of Dallas County, Texas, 06-01688

Date Filed: 03/13/2006Date Terminated: 12/01/2008Jury Demand: BothNature of Suit: 190 Contract: OtherJurisdiction: Diversity

Plaintiff

EMC Mortgage Corpindividually and for the benefit of certainasset backed securities trusts

represented by Stephen C CarlinGreenberg Traurig2200 Ross AveSuite 5200Dallas, TX 75201214/665-3650

Fax: 214/665-3601 FAXEmail: [email protected]

LEAD ATTORNEYATTORNEY TO BE NOTICED

Eric N WhitneyGreenberg Traurig LLP200 Park AveSuite 39-47New York, NY 10166212/801-3153

Fax: 212/801-6400Email: [email protected] TO BE NOTICED

Marc D McPeakGreenberg Traurig2200 Ross AveSuite 5200Dallas, TX 75201214/665-3673Fax: 214/665-3601 FAXEmail: [email protected]

ATTORNEY TO BE NOTICED

Peter Samir WahbyGreenberg Traurig2200 Ross AveSuite 5200Dallas, TX 75201972/419-1250Email: [email protected]


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V.

Defendant

MortgageIT, Incdoing business asMIT Lending

represented by Talcott J FranklinTalcott Franklin PC208 N Market StSuite 200Dallas, TX 75202214-736-8730

Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Adlai SmallPatton Boggs LLPOne Riverfront PlazaNewark, NJ 07102973/848-5613PRO HAC VICE

Edward Wisneski

Law Office of Edward Wisneski2550 M St NWWashington, DC 20037202/457-6065PRO HAC VICE

Jason C RodgersUS Securities & Exchange CommissionBurnett Plaza Suite 1900801 Cherry St Unit # 18Fort Worth, TX 76102

817/978-1410Fax: 817/978-3049Email: [email protected]: 02/22/2008

Jeffrey T PrudhommePatton Boggs LLP2000 McKinney AveSuite 1700Dallas, TX 75201214-758-1500Fax: 214/758-1550

Email: [email protected] TO BE NOTICED

Joseph M CoxPatton Boggs LLP2000 McKinney AveSuite 1700Dallas, TX 75201214/758-1500Fax: 214/758-1550Email: [email protected]




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Marci M FultonPatton Boggs LLP1801 California StSuite 4900Denver, CO 80202303/830-1776PRO HAC VICE

Nicola M ShielsPatton Boggs2001 Ross AveSuite 3000Dallas, TX 75201214/758-6625Email: [email protected]


Robert A HawkinsPatton Boggs LLP2000 McKinney AveSuite 1700Dallas, TX 75201214/758-1518Fax: 214/758-1550Email: [email protected]


Counter Claimant

MortgageIT, Inc represented by Talcott J Franklin(See above for address)

LEAD ATTORNEY


Adlai Small(See above for address)PRO HAC VICE

Edward Wisneski(See above for address)PRO HAC VICE

Jason C Rodgers(See above for address)TERMINATED: 02/22/2008

Jeffrey T Prudhomme(See above for address)


Nicola M Shiels(See above for address)


V.



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Counter Defendant

EMC Mortgage Corp represented by Eric N Whitney(See above for address)

LEAD ATTORNEYATTORNEY TO BE NOTICED

Marc D McPeak(See above for address)


Stephen C Carlin(See above for address)


Date Filed # Docket Text

03/13/2006 1 NOTICE OF REMOVAL from 95th District Court of Dallas County, Tx, case number 06-01688 filed by MortgageIT, Inc. (Filing fee $ 250; receipt number 228756) (Attachments: #1 # 2)(skt, ) (Entered: 03/13/2006)

03/13/2006 ***Magistrate Judge Kaplan chosen by random selection to handle matters that may bereferred in this case. (skt, ) (Entered: 03/13/2006)

03/13/2006 2 Order Designating Case for ECF - see order for specifics. (Signed by Judge David C Godbon 3/13/2006) (skt, ) (Entered: 03/13/2006)

03/13/2006 3 Defendant's CERTIFICATE OF INTERESTED PERSONS by MortgageIT, Inc. (skt, )(Entered: 03/15/2006)

03/16/2006 4 Agreed MOTION for Extension of Time to File Pleadings Agreed Motion for a PleadingsSchedule by MortgageIT, Inc (Attachments: # 1 Text of Proposed Order)(Shiels, Nicola)(Entered: 03/16/2006)

03/20/2006 5 ORDER granting 4 Agreed Motion for a Pleading Schedule. Plaintiff shall file its AmendeComplaint on or before March 22, 2006. Defendant need not answer or otherwise respond Plaintiff's Original Petition. Defendant shall file an answer or otherwise respond to PlaintifAmended Complaint on or before April 12, 2006. (Signed by Judge David C Godbey on3/17/2006) (skt, ) (Entered: 03/21/2006)

03/20/2006 Answer due from MortgageIT, Inc on 4/12/2006. (skt, ) (Entered: 03/21/2006)

03/22/2006 6 AMENDED COMPLAINT against MortgageIT, Inc filed by EMC Mortgage Corp.(Attachments: # 1 Exhibit A# 2 Exhibit B)(Carlin, Stephen) (Entered: 03/22/2006)

03/23/2006 7 DEMAND for Trial by Jury by MortgageIT, Inc. (Franklin, Talcott) (Entered: 03/23/2006)

03/23/2006 8 AMENDED COMPLAINT Second Amended Complaintagainst MortgageIT, Inc filed byEMC Mortgage Corp. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McPeak, Marc) (Entered03/23/2006)

04/03/2006 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EMCMortgage Corp. (McPeak, Marc) (Entered: 04/03/2006)

04/03/2006 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by EMCMortgage Corp. (McPeak, Marc) (Entered: 04/03/2006)

04/12/2006 11 MOTION to Dismiss for Failure to State a Claim by MortgageIT, Inc with Brief in Suppor(Shiels, Nicola) (Entered: 04/12/2006)



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Plaintiff's Third Amended Complaint(Franklin, Talcott) (Entered: 07/21/2006)

09/06/2006 29 NOTICE of Change of Address by Marc D McPeak, counsel for EMC Mortgage Corp. Neaddress is: 2200 Ross Avenue, Suite 5200, Dallas, TX 75201 (McPeak, Marc) (Entered:09/06/2006)

10/10/2006 30 AGREED PROTECTIVE ORDER. (see order for specifics) (Signed by Judge David CGodbey on 10/10/06) (klm, ) (Entered: 10/12/2006)

10/16/2006 31 ORDER granting in part and denying in part 19 Defendant MortgageIT, Inc.'s Motion to

Dismiss. [see order for specifics] (Signed by Judge David C Godbey on 10/12/06) (cxb, )(Entered: 10/16/2006)

10/20/2006 32 Unopposed MOTION to Extend Time Enlargement of Time to File Responsive Pleading toThird Amended Complaint by MortgageIT, Inc (Attachments: # 1 Text of Proposed Order)(Shiels, Nicola) (Entered: 10/20/2006)

10/30/2006 33 ORDER granting 32 Motion to Extend Time to File Responsive Pleading to Third AmendeComplaint. Responsive pleading due by 11/9/2006. (Signed by Judge David C Godbey on10/30/06) (cxb, ) (Entered: 10/30/2006)

11/09/2006 34 Defendant's ANSWER to Amended Complaint by MortgageIT, Inc, COUNTERCLAIMagainst EMC Mortgage Corp filed by MortgageIT, Inc (Attachments: # 1 Exhibit # 2Exhibit)(Shiels, Nicola) (Entered: 11/09/2006)

11/29/2006 35 Unopposed MOTION for Extension of Time to File Response/Reply as to 34 Answer toAmended Complaint, Counterclaim by EMC Mortgage Corp (Whitney, Eric) (Entered:11/29/2006)

12/06/2006 36 ANSWER to Counterclaim by EMC Mortgage Corp (Whitney, Eric) (Entered: 12/06/2006

12/06/2006 37 Unopposed MOTION for Leave to File Supplement to Third Amended Complaint by EMCMortgage Corp (Attachments: # 1 Exhibit A# 2 Exhibit A1) (Whitney, Eric) (Entered:12/06/2006)

12/08/2006 38 ORDER granting 35 Motion to Extend Time to File Responsive pleading to answer andcounterclaims. ORDERED that the date by which Plaintiff shall file a responsive pleading Defendant's Original Answer and Counterclaims is extended by seven (7) days, toWednesday, December 6, 2006. (Signed by Judge David C Godbey on 12/8/06) (cxb, )(Entered: 12/08/2006)

12/08/2006 39 ORDER granting 37 Motion for Leave to File Supplement to Third Amended Complaint.EMC is granted leave to file the Supplement to its Third Amended Complaint attached to thforegoing Motion, and shall file same within five (5) days of the entry of this Order. [seeorder for specifics] (Signed by Judge David C Godbey on 12/8/06) (cxb, ) (Entered:12/08/2006)

12/08/2006 40 Supplemental Document by EMC Mortgage Corp as to 17 Third Amended Complaint.(Attachments: # 1 Exhibit) (Whitney, Eric) Modified on 12/11/2006 (cxb, ). (Entered:12/08/2006)

12/14/2006 41 Unopposed Motion for Extension of Time to File Answer by MortgageIT, Inc (Attachment# 1 Text of Proposed Order) (Shiels, Nicola) (Entered: 12/14/2006)

12/29/2006 42 ORDER granting 41 Motion for Extension of Time to File Responsive Pleading.MortgageIT, Inc responsive pleading due 1/12/2007. (Signed by Judge David C Godbey on12/22/06) (cxb, ) (Entered: 12/29/2006)

01/12/2007 43 Defendant's ANSWER by MortgageIT, Inc to 40 Plaintiff's Supplement to Third AmendedComplaint. (Attachments: # 1 Exhibit) (Shiels, Nicola) Modified on 1/16/2007 (cxb).



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(Entered: 01/12/2007)

01/12/2007 SUPPLEMENTAL COUNTERCLAIM against EMC Mortgage Corp filed by MortgageITInc. (Shiels, Nicola) (See doc. 43 for image.) (cxb) (Entered: 02/02/2007)

02/02/2007 44 ANSWER to 43 Supplemental Counterclaim by EMC Mortgage Corp (Whitney, Eric)Modified on 2/5/2007 (cxb). (Entered: 02/02/2007)

12/10/2007 45 Joint MOTION to Continue by EMC Mortgage Corp, MortgageIT Inc withBrief/Memorandum in Support. (Carlin, Stephen) Modified on 12/11/2007 (klm). (Entered

12/10/2007)

12/20/2007 46 AMENDED SCHEDULING ORDER: This case is reset for trial on 7/28/2008 before JudgDavid C Godbey. The setting is for a one week docket. Reset or continuance of the trialsetting does not alter the deadlines in this Order unless expressly provided by court order. Iis unlikely that any future continuances will be granted. See order for specifics. (Signed byJudge David C Godbey on 12/20/2007) (axm) (Entered: 12/20/2007)

01/22/2008 47 Stipulation by EMC Mortgage Corp, MortgagetIT Inc re 46 Scheduling Order. (Whitney,Eric) Modified on 1/22/2008 (klm). (Entered: 01/22/2008)

01/25/2008 48 NOTICE/Stipulation by EMC Mortgage Corp, MortgageIT, Inc re 46 Scheduling Order.(Whitney, Eric) Modified on 1/25/2008 (klm). (Entered: 01/25/2008)

02/01/2008 49 Unopposed MOTION for Leave to File Plaintiff's Fourth Amended Complaint by EMCMortgage Corp (Attachments: # 1 Exhibit Plaintiff's Fourth Amended Complaint, # 2Appendix Appendix in Support of Plaintiff's Fourth Amended Complaint, # 3 ExhibitExhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Text of Proposed Order)(Whitney, Eric) (Entered: 02/01/2008)

02/01/2008 50 ***FILED IN ERROR***Defendant's First Amended ANSWER to Complaint byMortgageIT, Inc, COUNTERCLAIM against EMC Mortgage Corp filed by MortgageIT, In(Attachments: # 1 Exhibit Exhibit 1) (Franklin, Talcott) Modified on 2/4/2008 (svc).(Entered: 02/01/2008)

02/01/2008 51 Unopposed MOTION for Leave to File First Amended Answer and Counterclaims byMortgageIT, Inc (Attachments: # 1 Exhibit Defendant's First Amended Answer andCounterlcaims, # 2 Exhibit 1, # 3 Text of Proposed Order) (Franklin, Talcott) (Entered:02/01/2008)

02/05/2008 52 ORDER granting 49 PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILEFOURTH AMENDED COMPLAINT. It is therefore Ordered that EMC is granted leave tofile its Fourth Amended Complaint attached to the foregoing Motion, and shall file samewithin three (3) days of the entry of this Order. (see order for specifics) (Signed by JudgeDavid C Godbey on 2/5/08) (tln) (Entered: 02/05/2008)

02/06/2008 53 AMENDED COMPLAINT WITH JURY DEMAND Plaintiff's Fourth Amended Complai

against all plaintiffs filed by EMC Mortgage Corp. (Attachments: # 1 Appendix In Supportof Plaintiff's Fourth Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Whitney, Eric) (Entered: 02/06/2008)

02/07/2008 54 ORDER granting 51 Defendant MortgageIT, Inc.'s Unopposed Motion for Leave to FileFirst Amended Answer and Counterclaims. It is therefore Ordered that MIT is granted leavto file its First Amended Answer and Counterclaims, and shall file same within three (3)days of the entry of this Order. (Signed by Judge David C Godbey on 2/7/08) (klm)(Entered: 02/08/2008)

02/11/2008 55 AMENDED ANSWER by MortgageIT, Inc re 17 Amended Complaint, COUNTERCLAIMagainst EMC Mortgage Corp filed by MortgageIT, Inc (Attachments: # 1 Exhibit 1)

(Franklin, Talcott) (Entered: 02/11/2008)



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02/15/2008 56 MOTION to Withdraw as Attorney Jason C. Rodgers Motion to Withdraw by MortgageITInc (Attachments: # 1 Text of Proposed Order) (Rodgers, Jason) (Entered: 02/15/2008)

02/22/2008 57 ORDER granting 56 Motion to Withdraw as Attorney. Attorney Jason C Rodgersterminated. (Signed by Judge David C Godbey on 2/22/08) (npk) (Entered: 02/22/2008)

02/22/2008 58 Original ANSWER to Counterclaim filed by EMC Mortgage Corp. Related document: 55Amended Answer to Complaint, Counterclaim (McPeak, Marc) Modified on 2/25/2008(axm). (Entered: 02/22/2008)

02/28/2008 59 Stipulation to Extend Expert Deadlines by EMC Mortgage Corp, and MortgageIT Inc re 46Scheduling Order, (Whitney, Eric) Modified on 2/29/2008 - incorrect event used (axm).(Entered: 02/28/2008)

03/27/2008 60 MOTION to Dismiss Plaintiff's Fourth Amended Complaintby MortgageIT, Inc withBrief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order) (Franklin,Talcott) (Entered: 03/27/2008)

03/27/2008 61 Brief/Memorandum in Support filed by MortgageIT, Inc re 60 MOTION to DismissPlaintiff's Fourth Amended Complaint(Franklin, Talcott) (Entered: 03/27/2008)

03/27/2008 62 Notice of Manual Filing of Appendix and Exhibits by MortgageIT, Inc re 61Brief/Memorandum in Support of Motion (Franklin, Talcott) (Entered: 03/27/2008)

03/27/2008 63 SECOND AMENDED ANSWER by MortgageIT, Inc re 53 Amended Complaint,COUNTERCLAIM against EMC Mortgage Corp filed by MortgageIT, Inc (Attachments: #1 Exhibit 1, # 2 Exhibit 2) (Franklin, Talcott) Modified on 3/28/2008 (jrb). (Entered:03/27/2008)

03/28/2008 64 Compendium of Unreported Cases Cited in Defendant's Memorandum in Support filed byMortgageIT, Inc re 60 MOTION to Dismiss Plaintiff's Fourth Amended Complaint.(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (klm) (Entered03/31/2008)

03/28/2008 65 Appendix in Support filed by MortgageIT, Inc re 64 Memorandum in Support of Motion to

Dismiss Plaintiff's Fourth Amended Complaint. (Vol. 1 of 3) (Attachments: # 1 Exhibit, #Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, #16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit) (klm) (Entered:03/31/2008)

03/28/2008 66 Appendix in Support filed by MortgageIT, Inc re 64 Memorandum in Support of Motion toDismiss Plaintiff's Fourth Amended Complaint. (Vol. 2 of 3) (Attachments: # 1 Exhibit, #Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, #16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhib# 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit) (klm) (Entered: 03/31/2008)

03/28/2008 67 Appendix in Support filed by MortgageIT, Inc re 64 Memorandum in Support of Motion toDismiss Plaintiff's Fourth Amended Complaint. (Vol. 3 of 3) (Attachments: # 1 Exhibit, #Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, #16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhib(klm) (Entered: 03/31/2008)

04/18/2008 70 Joint Stipulation for Extension of Time to Respond to MIT's Motion to Dismiss by EMCMortgage Corp re 61 Brief/Memorandum in Support of Motion, 60 MOTION to DismissPlaintiff's Fourth Amended Complaint. (Whitney, Eric) Modified on 4/18/2008 (lmp).(Entered: 04/18/2008)



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04/30/2008 71 NOTICE by EMC Mortgage Corp, MortgageIT, Inc re 46 Scheduling Order.(Whitney, EriModified on 5/1/2008 (klm). (Entered: 04/30/2008)

05/16/2008 72 Joint MOTION for Continuance filed by EMC Mortgage Corp, MortgageIT, Inc (WhitneyEric) Modified on 5/19/2008 (npk). (Entered: 05/16/2008)

05/22/2008 73 ORDER: It is hereby ordered that a hearing is scheduled in this case on Monday, June 2,2008, at 3:00 p.m. on the Joint Motion for Continuance filed on May 16, 2008. The hearingwill be held in Courtroom 1351. (Signed by Judge David C Godbey on 5/22/08) (skt)(Entered: 05/22/2008)

06/02/2008 Minute Entry for proceedings held before Judge David C Godbey: Motion Hearing held on6/2/08 re 72 Motion to Continue filed by MortgageIT, Inc, EMC Mortgage Corp. JudgeGodbey granted continuance of trial for 90 days. Attorney Appearances: Plaintiff - SteveCarlin, Eric Whitney, Mark McPeak; Defense -Tal Franklin, Angela Hites. (Court ReporterLinda Robbins.) Time in Court: 9 minutes. NO PDF ATTACHED - THIS IS A VIRTUALMINUTE ENTRY. (dzh) Modified on 6/12/2008 (skt). (Entered: 06/03/2008)

06/04/2008 74 ORDER RESETTING TRIAL: This case is reset for trial on 11/3/08 before Judge David CGodbey. (See Order) (Signed by Judge David C Godbey on 6/4/08) (skt) (Entered:06/05/2008)

06/05/2008 75 (RESPONSE) Brief/Memorandum in Support of Response filed by EMC Mortgage Corp r60 MOTION to Dismiss Plaintiff's Fourth Amended Complaint(Carlin, Stephen) Modifiedon 6/6/2008 (tln). (Entered: 06/05/2008)

06/05/2008 76 Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support oMotion Appendix in Support of EMC's Response to Defendant's Motion to DismissPlaintiff's Fourth Amended Complaint (Vol. 1 of 7) (Attachments: # 1 Tab A, # 2 Tab B, #Tab C, # 4 Tab D, # 5 Tab E, # 6 Tab F, # 7 Tab G, # 8 Tab H) (Carlin, Stephen) (Entered:06/05/2008)

06/05/2008 77 Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support oMotion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss

Plaintiff's Fourth Amended Complaint (Vol. 2 of 7) (Attachments: # 1 Tab I-1, # 2 Tab I-23 Tab I-3, # 4 Tab I-4, # 5 Tab I-5, # 6 Tab I-6, # 7 Tab I-7, # 8 Tab I-8 Part 1, # 9 Tab I-8Part 2, # 10 Tab I-8 Part 3, # 11 Tab I-9, # 12 Tab I-10) (Carlin, Stephen) (Entered:06/05/2008)

06/05/2008 78 Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support oMotion Appendix in Support of EMC's Response to Defendant's Motion to DismissPlaintiff's Fourth Amended Complaint. (Vol. 3 of 7 - Tabs I-11 to I-18) (Attachments: # 1Tab I-11, # 2 Tab I-12, # 3 Tab I-13, # 4 Tab I-14, # 5 Tab I-15, # 6 Tab I-16, # 7 Tab I-17# 8 Tab I-18 Part 1, # 9 Tab I-18 Part 2, # 10 Tab I-18 Part 3) (Carlin, Stephen) (Entered:06/05/2008)

06/05/2008 79 Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support oMotion Appendix in Support of EMC's Response to Defendant's Motion to DismissPlaintiff's Fourth Amended Complaint (Vol. 4 of 7 - Tabs I-19 & I-20) (Attachments: # 1Tab I-19 Part 1, # 2 Tab I-19 Part 2, # 3 Tab I-19 Part 3, # 4 Tab I-19 Part 4, # 5 Tab I-20Part 1, # 6 Tab I-20 Part 2, # 7 Tab I-20 Part 3, # 8 Tab I-20 Part 4) (Carlin, Stephen)(Entered: 06/05/2008)

06/05/2008 80 Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support oMotion Appendix in Support of EMC's Response to Defendant's Motion to DismissPlaintiff's Fourth Amended Complaint. (Vol. 5 of 7 - Tabs I-21, I-22 & I-23) (Attachments# 1 Tab I-21 Part 1, # 2 Tab I-21 Part 2, # 3 Tab I-22, # 4 Tab I-23 Part 1, # 5 Tab I-23 Par2, # 6 Tab I-23 Part 3) (Carlin, Stephen) (Entered: 06/05/2008)



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06/05/2008 81 Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support oMotion Appendix in Support of EMC's Response to Defendant's Motion to DismissPlaintiff's Fourth Amended Complaint. (Vol. 6 of 7 - Tabs I-24 to I-29) (Attachments: # 1Tab I-24 Part 1, # 2 Tab I-24 Part 2, # 3 Tab I-24 Part 3, # 4 Tab I-25 Part 1, # 5 Tab I-25Part 2, # 6 Tab I-26, # 7 Tab I-27, # 8 Tab I-28, # 9 Tab I-29 Part 1, # 10 Tab I-29 Part 2)(Carlin, Stephen) (Entered: 06/05/2008)

06/05/2008 82 Appendix in Support filed by EMC Mortgage Corp re 75 Brief/Memorandum in Support oMotion Appendix in Support of EMC's Response to Defendant's Motion to Dismiss

Plaintiff's Fourth Amended Complaint. (Vol. 7 of 7 - Tabs I-30 to I-34 & Tab J)(Attachments: # 1 Tab I-30, # 2 Tab I-31, # 3 Tab I-32, # 4 Tab I-33 Part 1, # 5 Tab I-33 P2, # 6 Tab I-34, # 7 Tab J) (Carlin, Stephen) (Entered: 06/05/2008)

06/20/2008 83 REPLY re: 60 MOTION to Dismiss Plaintiff's Fourth Amended Complaintfiled byMortgageIT, Inc (Prudhomme, Jeffrey) (Entered: 06/20/2008)

06/20/2008 84 Appendix in Support filed by MortgageIT, Inc re 83 Reply to Response to Motion ToDismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 1C, # 5Exhibit 1D, # 6 Exhibit 1E, # 7 Exhibit 1F, # 8 Exhibit 1G, # 9 Exhibit 1H, # 10 Exhibit 1I# 11 Exhibit 1J, # 12 Exhibit 1K, # 13 Exhibit 1L, # 14 Exhibit 1M, # 15 Exhibit 1N, # 16Exhibit 1O, # 17 Exhibit 1P, # 18 Exhibit 1Q, # 19 Exhibit 1R, # 20 Exhibit 1S1, # 21Exhibit 1S2, # 22 Errata 1T, # 23 Exhibit 1U, # 24 Exhibit 1V, # 25 Exhibit 1W, # 26Exhibit 1X, # 27 Exhibit 1Y1, # 28 Exhibit 1Y2, # 29 Exhibit 1Z, # 30 Exhibit 1AA, # 31Exhibit 1BB, # 32 Exhibit 1CC, # 33 Exhibit 1DD1, # 34 Exhibit 1DD2, # 35 Exhibit 1EE36 Exhibit 1FF, # 37 Exhibit 1GG, # 38 Exhibit 1HH, # 39 Exhibit 1II, # 40 Exhibit 2, # 4Exhibit 3, # 42 Exhibit 4) (Prudhomme, Jeffrey) (Entered: 06/20/2008)

06/23/2008 85 NOTICE of Attorney Appearance by Jeffrey T Prudhomme on behalf of MortgageIT, Inc.(Prudhomme, Jeffrey) (Entered: 06/23/2008)

06/26/2008 86 Supplemental 7.1 Disclosure Statement by MortgageIT, Inc as to 15 Corporate DisclosureStatement. (Prudhomme, Jeffrey) Modified on 6/26/2008 (lmp). (Entered: 06/26/2008)

07/23/2008 87 MOTION for Leave to File EMC's Surreply in Opposition to Defendant's Motion to Dismi

EMC's Fourth Amended Complaint filed by EMC Mortgage Corp with Brief/Memorandumin Support. (Attachments: # 1 Exhibit A - EMC's Surreply to Defendant's Motion to DismiEMC's Fourth Complaint and Brief in Support, # 2 Appendix Appendix to Exhibit A -EMC's Surreply, # 3 Text of Proposed Order) (Carlin, Stephen) (Entered: 07/23/2008)

07/28/2008 88 RESPONSE in Opposition filed by MortgageIT, Inc re 87 MOTION for Leave to FileEMC's Surreply in Opposition to Defendant's Motion to Dismiss EMC's Fourth AmendedComplaint (Prudhomme, Jeffrey) (Entered: 07/28/2008)

08/04/2008 89 Application and Order for Admission Pro Hac Vice by Marci M Fulton for MortgageIT, In(see order) (Signed by Judge David C Godbey on 08/01/08) (lmp) (Entered: 08/05/2008)

08/04/2008 90 Application and Order for Admission Pro Hac Vice by Adlai Small for MortgageIT, Inc.(see order) (Signed by Judge David C Godbey on 08/01/08) (lmp) (Entered: 08/05/2008)

08/04/2008 91 Application and Order for Admission Pro Hac Vice by Edward Wisneski for MortgageIT,Inc. (see order) (Signed by Judge David C Godbey on 08/01/08) (lmp) (Entered: 08/05/200

08/18/2008 92 Plaintiff EMC Mortgage Corp.'s Original Reply to Defendant's 63 Amended Answer toComplaint, Counterclaim (McPeak, Marc) Modified on 8/19/2008 (tln). (Entered:08/18/2008)

08/21/2008 93 NOTICE of Attorney Appearance by Peter Samir Wahby on behalf of EMC Mortgage CorParty Peter S. Wahby added. (Wahby, Peter) (Entered: 08/21/2008)

08/22/2008 94 Unopposed MOTION for Leave to File First Amended Answer to Defendant's Second



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Amended Answer and Counterclaims filed by EMC Mortgage Corp (Attachments: # 1Exhibit A, # 2 Text of Proposed Order) (McPeak, Marc) (Entered: 08/22/2008)

08/22/2008 95 MOTION to Compel filed by EMC Mortgage Corp with Brief/Memorandum in Support.(McPeak, Marc) (Entered: 08/22/2008)

08/22/2008 96 Appendix in Support filed by EMC Mortgage Corp re 95 MOTION to Compel and Brief inSupport(Attachments: # 1 Exhibit Tab 1, # 2 Exhibit Tab 2, # 3 Exhibit Tab 3, # 4 ExhibitTab 4, # 5 Exhibit Tab 5, # 6 Exhibit Tab 6, # 7 Exhibit Tab 7, # 8 Exhibit Tab 8, # 9 ExhibTab 9, # 10 Exhibit Tab 10, # 11 Exhibit Tab 11, # 12 Exhibit Tab 12) (McPeak, Marc)

(Entered: 08/22/2008)

08/26/2008 97 TRANSCRIPT of Motion for Continuance Proceedings held on 06/02/2008 before JudgeDavid C. Godbey. Court Reporter/Transcriber Linda J. Robbins, Telephone number 214-748-8068. Parties are notified of their duty to review the transcript. A copy may bepurchased from the court reporter or viewed at the clerk's office public terminal. If redactiois necessary, a Redaction Request - Transcript must be filed within 21 days. If no suchRequest is filed, the transcript will be made available via PACER without redaction after 9calendar days. The clerk will mail a copy of this notice to parties not electronically noticedRedaction Request due 9/16/2008. Redacted Transcript Deadline set for 9/26/2008. Releasof Transcript Restriction set for 11/24/2008. (ljr) (Entered: 08/26/2008)

08/28/2008 98 ORDER Setting Deadline as to 95 Motion to Compel. Motion Hearing set for 9/8/200804:30 PM before Judge David C Godbey. (Signed by Judge David C Godbey on 8/28/2008(axm) (Entered: 08/28/2008)

08/29/2008 99 ORDER granting 94 Plaintiff's Unopposed Motion for Leave to File its First AmendedAnswer. Plaintiff shall file same within five (5) days of the entry of this Order. (Signed byJudge David C Godbey on 8/29/2008) (axm) (Entered: 08/29/2008)

08/29/2008 100 Supplemental Document by EMC Mortgage Corp as to 95 MOTION to Compel EMC'sSupplement to Motion to Compel. (McPeak, Marc) (Entered: 08/29/2008)

08/29/2008 101 Supplemental Document by EMC Mortgage Corp as to 96 Appendix in Support, Suppleme

Appendix in Support of EMC's Supplement to Motion to Compel 100 . (Attachments: # 1Supplement Tab 13, # 2 Supplement Tab 14, # 3 Supplement Tab 15, # 4 Supplement Tab16, # 5 Supplement Tab 17) (McPeak, Marc) (Entered: 08/29/2008)

09/02/2008 102 Joint MOTION to Extend Summary Judgment Deadline filed by EMC Mortgage Corp,MortgageIT, Inc. (Attachments: # 1 Text of Proposed Order Proposed Order to ExtendSummary Judgment Deadline) (McPeak, Marc) Modified on 9/3/2008 (klm). (Entered:09/02/2008)

09/02/2008 103 AMENDED ANSWER to 63 Second Amended Answer and Counterclaims filed by EMCMortgage Corp. (McPeak, Marc) Modified on 9/3/2008 (klm). (Entered: 09/02/2008)

09/05/2008 104 RESPONSE in Opposition filed by MortgageIT, Inc re 95 MOTION to Compel

(Prudhomme, Jeffrey) (Entered: 09/05/2008)

09/05/2008 105 Appendix in Support filed by MortgageIT, Inc re 104 Response in Opposition (Attachment# 1 Appendix Index, # 2 Exhibit Naidus Depo, # 3 Exhibit Occhino 1, # 4 Exhibit Occhino2, # 5 Exhibit Occhino 3, # 6 Exhibit Occhino 4, # 7 Exhibit Wornow, # 8 Exhibit Tabs 4-14, # 9 Exhibit Appendix 15-19) (Prudhomme, Jeffrey) (Entered: 09/05/2008)

09/08/2008 106 MOTION for Partial Summary Judgment filed by EMC Mortgage Corp with Brief inSupport. (McPeak, Marc) Modified on 9/9/2008 (jyg). (Entered: 09/08/2008)

09/08/2008 107 Appendix in Support filed by EMC Mortgage Corp re 106 MOTION for Partial SummaryJudgment and Brief in Support (Attachments: # 1 Exhibit Tabs 1 & 2, # 2 Exhibit Tab 3 &

# 3 Exhibit Tabs 5 to 17, # 4 Exhibit Tab 18, # 5 Exhibit Tabs 19 to 29, # 6 Exhibit Tabs 3



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to 39, # 7 Exhibit Tabs 40 to 49, # 8 Exhibit Tabs 50 to 55) (McPeak, Marc) Modified on9/9/2008 (jyg). (Entered: 09/08/2008)

09/08/2008 Minute Entry for proceedings held before Judge David C Godbey: taking under advisemen95 Motion to Compel; Expedited Discovery Hearing held on 09/08/2008. AttorneyAppearances: Plaintiff - Steve Carlin; Defense - Talcott Franklin, Joe Cox and JeffPrudhomme. (Court Reporter Linda Robbins.) Time in Court: 37 minutes. NO PDFATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (cxj) (Entered: 09/09/2008)

09/11/2008 109 TRANSCRIPT of Motion to Compel Proceedings held on 09/08/2008 before Judge David

Godbey. Court Reporter/Transcriber Linda J. Robbins, Telephone number 214-748-8068.Parties are notified of their duty to review the transcript. A copy may be purchased from thcourt reporter or viewed at the clerk's office public terminal. If redaction is necessary, aRedaction Request - Transcript must be filed within 21 days. If no such Request is filed, thtranscript will be made available via PACER without redaction after 90 calendar days. Theclerk will mail a copy of this notice to parties not electronically noticed. Redaction Requesdue 10/2/2008. Redacted Transcript Deadline set for 10/14/2008. Release of TranscriptRestriction set for 12/10/2008. (ljr) (Entered: 09/11/2008)

09/11/2008 110 ORDER. An expedited hearing is scheduled on September 22, 2008, at 4:30 p.m. onPlaintiff's Supplemental Motion filed on August 29, 2008 (doc. 100). Defendant's Responseshould be filed on or before September 18, 2008. (Signed by Judge David C Godbey on9/11/08) (jrb) (Entered: 09/11/2008)

09/11/2008 111 ORDER granting 102 Joint MOTION to Extend Summary Judgment Deadline. (see order)(Signed by Judge David C Godbey on 09/11/08) (lmp) (Entered: 09/12/2008)

09/15/2008 112 EMC's Reply in Support of Its Motion to Compel REPLY re: 95 MOTION to Compel filedby EMC Mortgage Corp (McPeak, Marc) (Entered: 09/15/2008)

09/16/2008 113 Emergency MOTION to Strike Plaintiff's List of Questions and Topics for which it SeeksAdditional Deposition Testimony filed by MortgageIT, Inc (Prudhomme, Jeffrey) (Entered09/16/2008)

09/18/2008 114 RESPONSE in Opposition filed by EMC Mortgage Corp re 113 Emergency MOTION toStrike Plaintiff's List of Questions and Topics for which it Seeks Additional DepositionTestimony (McPeak, Marc) (Entered: 09/18/2008)

11/20/2008 115 Joint MOTION to Dismiss with Prejudice filed by MortgageIT, Inc, EMC Mortgage Corp,EMC Mortgage Corp (Attachments: # 1 Text of Proposed Order) (Prudhomme, Jeffrey)(Entered: 11/20/2008)

12/01/2008 116 AGREED ORDER OF DISMISSAL WITH PREJUDICE granting 115 Motion to DismissAll Parties shall bear their own costs. (See Order) (Ordered by Judge David C Godbey on12/1/08) (skt) (Entered: 12/02/2008)

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