United States District Court

For the Eastern District of Michigan

Theodore Levin United States Courthouse

231 West Lafayette Boulevard, Room 867

Detroit, Michigan 48226-2708

 Chambers of (313) 234-5145

Patrick J. Duggan FAX (313) 234-5353

 District Judge

August 18, 2010

To: All Counsel of Record

Re: Tracey L. Kevelighan, et al. v. Trott & Trott, P.C., et al.

Case No. 09-12543

Dear Counsel:

As alluded to in this Court’s July 7, 2010, Opinion and Order, the Amended

Complaint in this case exceeds the limits of acceptable pleadings with its length, repetition,

and disorganization. The Amended Complaint clearly does not comply with Rule 8(a)(2) of

the Federal Rules of Civil Procedure, which provides that the complaint should be “a short

and plain statement of the claim showing that the pleader is entitled to relief . . . .” 

The failure to comply with this rule has imposed an unnecessary burden on both the

Court and the defendants. The defendants should not have to answer such an unwieldy

document. At the same time, however, the Court believes that ordering plaintiffs to submit

a second amended complaint would only result in an equally convoluted pleading, giving rise

to yet more problems and delay in this case. 

The attached document identifies what the Court believes are pending claims in this

case considering the content of the Amended Complaint, the impact of the July 7, 2010,

Opinion and Order, and the content of plaintiffs’ memorandum of surviving claims filed on

August 3, 2010.

Although plaintiffs have asserted some “class claims” in the Amended Complaint,

there has been no motion by plaintiffs to certify a class and the Court has not had an

opportunity to address whether or not a class should be certified. Therefore, for the purpose

of answering the present Amended Complaint, the Court will be requiring defendants only

to respond to individual claims asserted against them. The Court notes, however, that the 

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1

 Trott and Orlans have already filed complete answers to the Amended Complaint.

To All Counsel of Record

August 18, 2010

Page Two.

___________________________

allegations supporting such individual claims may appear in paragraphs of the Amended

Complaint describing class claims. In other words, where a paragraph asserts an individual

claim, as well as a class claim, defendants will be expected to respond to the paragraph to the

extent it supports an individual claim.

If any party has any objection to this list of claims, such objection shall be filed within

seven (7) days of the date of this letter. After a definitive list of the pending claims has been

identified to the Court’s satisfaction, the Court will issue an order delineating the specific

paragraphs of the Amended Complaint that each defendant, except Trott and Orlans, will be

required to answer.1

Very truly yours,

s/ Patrick J. Duggan

United States District Judge

PJD/eac

Copies to:

Kevin Kevelighan, Esq.

Joseph J. Shannon III, Esq.

Timothy B. Meyers, Esq.

James W. McGarry, Esq.

Matthew J. Boettcher, Esq.

Dana M. Hathaway, Esq.

Lawrence C. Mann, Esq.

Mark P. Schneebeck, Esq.

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I. Tracey Kevelighan (Lamplighter Lane)

A. FDCPA Claim: Immediate Repayment of Tax Advances

Trott, Orlans, and Deutsche Bank

B. FDCPA Claim: Excessive Attorney Fees

Trott, Orlans, and Deutsche Bank

C. Unjust Enrichment: Collection of Tax Advances

Trott and Orlans

D. Unjust Enrichment: Collection of Excessive Attorney Fees

Trott, Orlans, ASC, Wells Fargo, and Deutsche Bank

E. Breach of Mortgage Note: Immediate Repayment of Tax Advances

Deutsche Bank

F. Breach of Mortgage Note: Excessive Attorney Fees

Deutsche Bank

G. RESPA Claim: Qualified Written Request

ASC and Wells Fargo

H. Equitable Mortgage

Deutsche Bank

I. Specific Performance

Deutsche Bank

II. Tracey and Kevin Kevelighan (Staman Court)

A. FDCPA Claim: Immediate Repayment of Tax Advances

Trott and Fannie Mae

B. FDCPA Claim: Excessive Attorney Fees

Trott and Fannie Mae

C. Unjust Enrichment: Collection of Tax Advances

Trott 

D. Unjust Enrichment: Collection of Excessive Attorney Fees

Trott, Wells Fargo, and Fannie Mae

E. Breach of Mortgage Note: Immediate Repayment of Tax Advances

Fannie Mae

F. Breach of Mortgage Note: Excessive Attorney Fees

Fannie Mae

G. Equitable Mortgage

Fannie Mae

H. Specific Performance

Fannie Mae

III. Comptons (Home)

A. FDCPA Claim: Immediate Repayment of Tax Advances

Trott and Bank of New York

B. FDCPA Claim: Excessive Attorney Fees

Trott and Bank of New York

C. Unjust Enrichment: Collection of Tax Advances

Trott

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D. Unjust Enrichment: Collection of Excessive Attorney Fees

Trott, Bank of New York, and First Horizon

E. Breach of Mortgage Note: Immediate Repayment of Tax Advances

Bank of New York

F. Breach of Mortgage Note: Excessive Attorney Fees

Bank of New York

G. Truth In Lending Act: Rescission

Bank of New York

H. Equitable Mortgage

Bank of New York

I. Specific Performance

Bank of New York

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IV. Comptons (New Construction)

A. FDCPA Claim: Excessive Attorney Fees

Trott and Fannie Mae

B. Unjust Enrichment: Collection of Excessive Attorney Fees

Trott and Fannie Mae

C. Breach of Mortgage Note: Excessive Attorney Fees

Fannie Mae

D. Equitable Mortgage

Fannie Mae

E. Specific Performance

Fannie Mae

V. Kleinhans (Marshall Street)

A. Unjust Enrichment: Collection of Excessive Attorney Fees

Trott and US Bank

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