Horace v. Lasalle Bank National Association et al
Plaintiff: Phyllis Horace
Defendant: Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc., Encore Credit Corporation, EMC Mortgage Company and Bank of America
Case Number: 3:2008cv01019
Filed: December 29, 2008
Court: US District Court for the Middle District of Alabama
Office: Real Property: Other Office
County: Russell
Presiding Judge: Charles S Coody
Referring Judge: Myron H Thompson
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 17, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2009 Opinion or Order Filing 32 OPINION AND ORDER, it is the Order, Judgment, and Decree of the court that plaintiff Phyllis Horace's #25 MOTION to Remand to State Court filed by Phyllis Horace is granted and that, pursuant to 28 USC 1447 (c), this cause is remanded to the CC of Russell County, AL for want of subject-matter jurisdiction; The clerk of the court is directed to take appropriate steps to effect the remand. Signed by Honorable Myron H. Thompson on 2/17/09. (Attachments: #1 appeals checklist)(mailed cert copy to CC Russell Co, AL)(vma, )
February 9, 2009 Opinion or Order RESPONSE to Motion re #25 MOTION to Remand to State Court filed by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc.. (No PDF attached; see doc. #31 for PDF) (vma, ).
February 9, 2009 Opinion or Order Filing 31 DISREGARD THIS DOCKET ENTRY - SEE CORRECTED DOCKET ENTRY FOR DOCKET ENTRY #31 **** MOTION to Remand Defendants' Response to Plaintiff's Motion to Remand by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc.. (Attachments: #1 Exhibit Exhibit A)(Ramey, Shaun) Modified on 2/10/2009 (vma, ).
February 9, 2009 Opinion or Order Filing 30 DISREGARD THIS DOCKET ENTRY - SEE CORRECTED DOCKET ENTRY - MOTION to Remand Defendants' Response to Plaintiff's Motion to Remand by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc.. (Ramey, Shaun) Modified on 2/10/2009 (vma, ).
February 6, 2009 Opinion or Order Filing 29 SCHEDULING ORDER: Pretrial Conference set for 12/11/2009; Jury Trial set for term of court commencing on 1/19/2010; Amended Pleadings due by 7/10/2009; Discovery due by 9/25/2009; Dispositive Motions due by 9/11/2009; Mediation Notice due by 10/7/2009. Signed by Honorable Myron H. Thompson on 2/6/09. (sl, )
February 5, 2009 Opinion or Order Filing 28 REPORT of Rule 26(f) Planning Meeting. (Ramey, Shaun)
January 27, 2009 Opinion or Order Filing 27 ORDER re #25 MOTION to Remand to State Court filed by Phyllis Horace; Motion Submission Deadline set for 2/9/2009, with all briefs due by said date. Signed by Honorable Myron H. Thompson on 1/27/09. (vma, )
January 27, 2009 Opinion or Order Filing 26 ORDER denying #23 Motion for Extension of time for filing 26(f) report. Signed by Honorable Myron H. Thompson on 1/27/09. (vma, )
January 27, 2009 Opinion or Order *** Attorney Sandra Grisham Robinson terminated on behalf of Encore Credit Corporation - Attorney Robinson does not represent this party. (No PDF attached)(vma, )
January 27, 2009 Opinion or Order NOTICE of Docket Text Correction re #24 Amended Document - Modified on 1/27/2009 - to create relationships to doc. #18 conflict disclosure statement (No PDF attached to this notice)(vma, )
January 26, 2009 Opinion or Order Filing 25 MOTION to Remand to State Court by Phyllis Horace. (Attachments: #1 Exhibit A)(Wooten, Nicholas)
January 26, 2009 Opinion or Order Filing 24 AMENDED DOCUMENT by Bear Stearns Asset Backed Securities I LLC,. Amended Conflict Disclosure Statement . (Ramey, Shaun) Modified on 1/27/2009 - to create relationships to doc. #18 conflict disclosure statement (vma, ).
January 23, 2009 Opinion or Order Unopposed MOTION to Extend time for filing 26(f) report by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc. (No PDF attached; see doc. #23 for PDF)(vma, )
January 23, 2009 Opinion or Order Filing 23 MOTION for Extension of Time to File Special Report & Answer Unopposed Motion to Extend Time for Filing Rule 26(F) Report by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc.. (Ramey, Shaun)
January 15, 2009 Opinion or Order Filing 22 Corporate/Conflict Disclosure Statement by Phyllis Horace re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Wooten, Nicholas)
January 15, 2009 Opinion or Order Filing 21 Corporate/Conflict Disclosure Statement by Bank of America. (Ryan, Meaghan)
January 15, 2009 Opinion or Order Filing 20 Corporate/Conflict Disclosure Statement by EMC Mortgage Company. (Ryan, Meaghan)
January 15, 2009 Opinion or Order Filing 19 Corporate/Conflict Disclosure Statement by Mortgage Electronic Registration Systems, Inc.. (Ryan, Meaghan)
January 15, 2009 Opinion or Order Filing 18 Corporate/Conflict Disclosure Statement by Bear Stearns Asset Backed Securities I LLC,. (Ryan, Meaghan)
January 15, 2009 Opinion or Order Filing 17 Corporate/Conflict Disclosure Statement by Lasalle Bank National Association. (Ryan, Meaghan)
January 8, 2009 Opinion or Order Filing 16 ORDER granting #11 request for removal of name as counsel. Signed by Honorable Myron H. Thompson on 1/8/09. (vma, )
January 8, 2009 Opinion or Order *** Attorney Sydney Smith Smith terminated - per order of 1/8/09 - doc. #16 . (No PDF attached)(vma, )
January 7, 2009 Opinion or Order Filing 15 ANSWER to Complaint Answer and Affirmative Defenses by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc..(Ramey, Shaun)
January 7, 2009 Opinion or Order Filing 14 NOTICE of Appearance by Meaghan Elizabeth Ryan on behalf of EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc. (Ryan, Meaghan)
January 7, 2009 Opinion or Order Filing 13 NOTICE of Appearance by Shaun Kevin Ramey on behalf of EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc. (Ramey, Shaun)
January 7, 2009 Opinion or Order Filing 12 ORDER directing that the Rule 26(f) report containing the discovery plan be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 1/23/2009. Signed by Honorable Myron H. Thompson on 1/7/09. (djy, )
January 6, 2009 Opinion or Order Filing 11 MOTION to Withdraw as Attorney by Phyllis Horace. (Smith, Sydney)
December 31, 2008 Opinion or Order Filing 10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Mortgage Electronic Registration Systems, Inc.; Corporate Disclosures due by 1/15/2009. (Attachments: #1 standing order and format)(djy, )
December 31, 2008 Opinion or Order Filing 9 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Lasalle Bank National Association; Corporate Disclosures due by 1/15/2009. (Attachments: #1 standing order and format)(djy, )
December 31, 2008 Opinion or Order Filing 8 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Phyllis Horace; Corporate Disclosures due by 1/15/2009. (Attachments: #1 standing order and format)(djy, )
December 31, 2008 Opinion or Order Filing 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Encore Credit Corporation; Corporate Disclosures due by 1/15/2009. (Attachments: #1 standing order and format)(djy, )
December 31, 2008 Opinion or Order Filing 6 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to EMC Mortgage Company; Corporate Disclosures due by 1/15/2009. (Attachments: #1 standing order and format)(djy, )
December 31, 2008 Opinion or Order Filing 5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Bear Stearns Asset Backed Securities I LLC; Corporate Disclosures due by 1/15/2009. (Attachments: #1 standing order and format)(djy, )
December 31, 2008 Opinion or Order Filing 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Bank of America; Corporate Disclosures due by 1/15/2009. (Attachments: #1 standing order and format)(djy, )
December 31, 2008 Opinion or Order Filing 3 NOTICE by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc. of filing Notice of Removal in state court (Robinson, Sandra)
December 29, 2008 Opinion or Order Filing 2 NOTICE OF REMOVAL by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc. from Circuit Court of Russell County, Alabama, case number 2008-00362. ( Filing fee $ 350.00 receipt number 4602008233) (Attachments: #1 complaint, #2 state court order, #3 remainder of state court record, #4 fee receipt)(djy, )
December 29, 2008 Opinion or Order COMPLAINT against all defendants, filed by Phyllis Horace. (NO PDF document attached to notice-See Docket Entry #2 ).(djy, )
December 29, 2008 Opinion or Order NOTICE to state court by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc. re filing of #2 Notice of Removal (NO PDF document attached to this notice-See Docket Entry #2 ). (djy, )
December 29, 2008 Opinion or Order DEMAND for Trial by Jury by Phyllis Horace. (NO PDF document attached to this notice-See Docket Entry #2 ). (djy, )
December 29, 2008 Opinion or Order Filing 1 NOTICE by EMC Mortgage Company, Bank of America, Lasalle Bank National Association, Bear Stearns Asset Backed Securities I LLC,, Mortgage Electronic Registration Systems, Inc. Consent to Removal (Ramey, Shaun) Modified on 12/30/2008 to reflect as consent to #2 notice of removal (qc/djy, ).

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Plaintiff: Phyllis Horace
Represented By: Nicholas Heath Wooten
Represented By: Sydney Smith Smith
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Defendant: Lasalle Bank National Association
Represented By: Meaghan Elizabeth Ryan
Represented By: Sandra Grisham Robinson
Represented By: Shaun Ramey
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Defendant: Bear Stearns Asset Backed Securities I LLC,
Represented By: Meaghan Elizabeth Ryan
Represented By: Sandra Grisham Robinson
Represented By: Shaun Ramey
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Defendant: Mortgage Electronic Registration Systems, Inc.
Represented By: Meaghan Elizabeth Ryan
Represented By: Sandra Grisham Robinson
Represented By: Shaun Ramey
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Defendant: Encore Credit Corporation
Represented By: Sandra Grisham Robinson
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Defendant: EMC Mortgage Company
Represented By: Meaghan Elizabeth Ryan
Represented By: Sandra Grisham Robinson
Represented By: Shaun Ramey
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Defendant: Bank of America
Represented By: Meaghan Elizabeth Ryan
Represented By: Sandra Grisham Robinson
Represented By: Shaun Ramey
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