Yocum v. Nationstar Mortgage LLC
||James A Yocum, Jr
||Nationstar Mortgage LLC and Renasant Bank
||May 23, 2014
||US District Court for the Northern District of Alabama
||Staci G Cornelius
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
||28 U.S.C. § 1441
|Jury Demanded By:
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|October 31, 2017
MEMORANDUM OPINION Based on the Courts review of the record in this case, consistent with the discussion during the October 31, 2017 hearing in this matter, the Court adopts the factual findings contained in the magistrate judges August 24, 2017 repo rt and recommendation, except the Court strikes from the report and recommendation most of the full paragraph that appears on page 14 of the report and recommendation. (See Doc. 77, p. 14). Also consistent with the findings made on the record duri ng the October 31, 2017 hearing in this case, pursuant to the Courts inherent authority, the Court accepts the magistrate judges recommendation that the Court dismiss this action with prejudice because of Mr. Yocums intentional misrepresentations and retain jurisdiction to consider Nationstars motion for sanctions against Mr. Yocum. Signed by Judge Madeline Hughes Haikala on 10/31/2017. (KMG)
|August 24, 2017
*** WITHDRAWN per 76/TEXT ORDER *** MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION For the reasons explained within, the undersigned finds Plaintiff has knowingly and intentionally made false representations of material fact to the court. The undersigned RECOMMENDS this action be dismissed with prejudice. The undersigned further RECOMMENDS the court retain jurisdiction to determine whether costs, including attorneys' fees and expenses, should be taxed to Plaintiff James A. Yocum , Jr. Any party may file specific written objections to this report and recommendation within fourteen days from the date it is filed in the office of the Clerk. Signed by Magistrate Judge Staci G Cornelius on 8/24/17. (SAC ) Modified on 8/24/2017 (SAC, ).
|August 3, 2016
MEMORANDUM OPINION AND ORDER - For the reasons discussed above, the Court ADOPTS the magistrate judges report and recommendation and overrules Mr. Yocums objections to the report and recommendation, with one exception. The Court finds that Mr. Yocums action against Renasant to quiet title states a claim upon which relief can be granted. The Court DISMISSES WITHOUT PREJUDICE the remaining claims in Mr. Yocums amended complaint. Mr. Yocum may replead those claims in accordance with the guidance pr ovided in the magistrate judges report and recommendation and this memorandum opinion and order. If Mr. Yocum chooses to replead, he shall file a second amended complaint that contains all the causes of action with which he intends to proceed (including his quiet title claim against Renasant) on or before August 15, 2016. Signed by Judge Madeline Hughes Haikala on 8/3/2016. (KEK)
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