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Cockhren v. Terpstra

United States District Court, Northern District of Iowa, Eastern Division

December 18, 2014

JAMES ARTHUR COCKHREN and MARGARET LOUISE COCKHREN, Plaintiffs,
v.
RAYMOND H. TERPSTRA, Defendant.

ORDER

Edward J. MeManus, Judge

This matter is before the court on defendant's resisted Motion to Dismiss, filed November 12, 2014. Dismissed

Plaintiffs bring this action against counsel for MidWestOne Bank (Bank) in the latest (eleventh) of a long line of legal filings, all unsuccessful, against the Bank and its agents. No jurisdictional authority is pled in the pro se complaint, although breach of a federal statute is pled.

The following is a list of the legal actions filed by the plaintiffs against the Bank and its agents:

(1) Lender Liability Petition filed by Mr. and Mrs. James Cockhren against the Bank and James Chizek, a former Bank employee, on December 11, 2007 in the Iowa District Court for Black Hawk County, Case No. CVCV10402I. The case was dismissed on the Defendants' Motion for Summary Judgment on July 1, 2009.
(2) Counterclaim filed by Mr. and Mrs. James Cockhren against the Bank and James Chizek in a foreclosure proceeding in the Iowa District Court for Black Hawk County, EQCVI 04984, captioned by the counterclaim Plaintiffs as "Appearance, Answer and Jury Demand." The counterclaim was dismissed by the Court on September 9, 2010.
(3) Petition filed by Mr. and Mrs. James Cockhren against the Bank and James Chizek on April 7, 2010, in the Iowa District Court for Black Hawk County, LACV112367. The lawsuit was dismissed on June 30, 2011 on account of the Plaintiffs' lack of standing given the Chapter 7 bankruptcy filing by the Plaintiffs on March 22, 2011 in the United States Bankruptcy Court for the Northern District of Iowa, Case No. 11-00560.
(4) Mr. and Mrs. James Cockhren filed a Counterclaim against the Bank in the Iowa District Court for Black Hawk County in Case No. EQCV114957 on April 1, 2011. The counterclaim was captioned as an "Answer." Mr. and Mrs. James Cockhren filed a "Motion for Declaratory Judgment, Failure to Comply to 20-day Notice of Rescission, and Request for Relief for Violation of Regulation Z Provisions of TILA" on June 6, 2011. The Motion was directed against the Bank, James Chizek and Bill Roths. Bill Roths was a Bank employee. The counterclaim and the Motion were dismissed on June 30, 2011 on account of Mr. and Mrs. James Cockhrens1 lack of standing. Mr. and Mrs. James Cockhren appealed to the Iowa Supreme Court on July 19, 2011, Case No. 11-11SO. The appeal was dismissed by the Supreme Court on the Bank's motion on September 10, 2012.
(5) Mr. and Mrs. James Cockhren filed a Motion for Declaratory Judgment, Failure to Comply to 20-day Notice of Rescission and Request for Relief for Violation of Regulation Z Provisions of TILA in the United States District Court, Northern District of Iowa on June 16, 2011. The Plaintiffs named the Bank, Bill Roths and James Chizek as Defendants, Case No. 11 cv 2027 EJM. The case was dismissed on April 5, 2012 when the Plaintiffs failed to file proof of service.
(6) Mr. and Mrs. James Cockhren filed a lawsuit against the Bank, James Chizek and Bill Roths in the United States District Court, Northern District of Iowa on June 15, 2012, Case No. 12 cv 2041 EJM. The lawsuit was dismissed on May 23, 2013 for failing to state a cause of action on which relief could be granted given the release of the Plaintiffs' claims against the Bank and the Bank's employees. The dismissal was appealed to the 8th Circuit, Case No. 12-2141. The dismissal was affirmed on August 7, 2012.
(7) Mr. and Mrs. James Cockhren filed a lawsuit against the Bank, James Chizek and Bill Roths on July 15, 2013 in the United States District Court for the Northern District of Iowa, Case No. 13 cv 2055 EJM. The lawsuit was dismissed on September 20, 2013 for failing to state a claim upon which relief could be granted given the release of Plaintiffs' claim against the Bank and the Bank's employees. Mr. and Mrs. James Cockhren appealed to the 8th Circuit Court of Appeals, Case No. 13-3294. The dismissal was affirmed on June 6, 2014. A petition for rehearing was filed by Mr. and Mrs. James Cockhren on June 23, 2014. The petition for rehearing was denied on July 16, 2014.
(8) Mr. and Mrs. James Cockhren filed an adversary proceeding against the Bank in their Chapter 7 bankruptcy proceeding heretofore pending in the U.S. Bankruptcy Court for the Northern District of Iowa, Case No. 11-00560, on November 4, 2013. The Bank filed a Motion to Dismiss which was granted after hearing on January 10, 2014. Mr. and Mrs. James Cockhren appealed to the 8th Circuit Bankruptcy Appellate Panel on February 14, 2014, Case No. 14-6015. The Bank filed a Motion to Dismiss the untimely appeal which was granted on June 3, 2014.
(9) Mr. and Mrs. James Cockhren filed a Petition against the Bank in the Iowa District Court on November 14, 2013, EQCV 123356. The Bank filed a Motion for Sanctions and to stay the proceeding pursuant to I.R.C.P. 1.413(2). The Motion was granted under an Order dated January 16, 2014. Mr. and Mrs. James Cockhren were sanctioned for $1, 000 for the frivolous filing and the action was stayed subject to Mr. and Mrs. James Cockhren posting a bond or cash in the sum of $20, 000.00. Mr. and Mrs.

James Cockhren appealed the Order to the Iowa Supreme Court on March 19, 2014, Case No. 14-0308. The Bank moved to dismiss the untimely interlocutory appeal. The appeal was dismissed on May 16, 2014. The underlying action remains pending subject to the stay. A copy of the District ...


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