Lumpkin et al v. Deutsche Bank National Trust Company et al
| Deborah Lumpkin, Sandra Escott Russell and CR 2018 LLC |
| Ocwen Loan Servicing LLC, Deutsche Bank National Trust Company, Sundra Escott Russell, Wedzell Escott, Ruth Escott and Deborah Escott Lumpkin |
| 2:2019cv01299 |
| August 13, 2019 |
| US District Court for the Northern District of Alabama |
| Gray M Borden |
| R David Proctor |
| Consumer Credit |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 26 RESPONSE in Opposition re #21 Amended MOTION To Realign Parties re #18 MOTION Motion to Realign Parties , #18 MOTION Motion to Realign Parties filed by Deborah Lumpkin. (Lay, Kenneth) |
Filing 25
TEXT ORDER This matter is before the court on Counter-Plaintiff's Motion for Extension of Time for Filing Response to Motion for Realignment of the Parties #24 . Counter-Plaintiff's propose an extension of the deadline to October 7, 2019. The Motion #24 is unopposed. For good cause shown, the Motion #24 is GRANTED. Counter-Plaintiff's shall respond on or before October 7, 2019. Counter-Defendant's reply brief, if any, is due on or before October 15, 2019. Signed by Judge R David Proctor on 10/1/2019. (KAM)
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| Filing 24 MOTION for Extension of Time to File Response/Reply as to #21 Amended MOTION To Realign Parties re #18 MOTION Motion to Realign Parties by Sundra Escott Russell. (Lay, Kenneth) |
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Filing 23
TEXT ORDER-This matter is before the court on Defendant Deutsche Bank National Trust Company's Amended Motion to Realign Parties #21 . The case SHALL remain stayed pending resolution of the Motion to Remand #7 , Motion to Dismiss [1-2], and Amended Motion to Realign Parties #21 . The parties are ORDERED to brief the Motion #21 is accordance with Exhibit B of the court's Initial Order #22 . Signed by Judge R David Proctor on 9/26/2019. (KAM)
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Filing 22
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 9/26/2019. (KAM)
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| Filing 21 Amended MOTION To Realign Parties re #18 MOTION Motion to Realign Parties by Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Melton, Allison) |
| Filing 20 REPLY to Response to Motion re #7 MOTION to Remand to State Court filed by Deborah Lumpkin. (Attachments: #1 Exhibit Agee decision--Judge Proctor, #2 Exhibit Scarber decision --Judge Proctor)(Lay, Kenneth) |
| Filing 19 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC. (Attachments: #1 Exhibit Exhibit A - Notice of Court Action to All Parties, #2 Exhibit Exhibit B - CSC Ocwen Service Page Dismissal, #3 Exhibit Exhibit C - Deutsche Bank Fed Reserve Address Information)(Melton, Allison) |
| Filing 18 MOTION Motion to Realign Parties by Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Melton, Allison) Modified on 9/26/2019 (KAM, ). |
| Filing 17 Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable R. David Proctor. Please use case number 2:19-cv-1299-RDP on all subsequent pleadings. Magistrate Judge Gray M Borden no longer assigned to the case. (MRR, ) |
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Filing 16
TEXT ORDER granting #15 Motion for Extension of Time to File Response/Reply as to #7 MOTION to Remand to State Court. Responses due by 9/16/2019. Replies due by 9/23/2019. Signed by Magistrate Judge Gray M Borden on 09/06/2019. (RCP)
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| Filing 15 Consent MOTION for Extension of Time by Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Melton, Allison) Modified text on 9/6/2019 (MRR, ). |
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Filing 14
ORDER- Addressing counterclaimants Deborah Lumpkin and Sundra Escott Russell's Motion to Stay Proceedings (Doc #8 ); It is ORDERED that the motion is GRANTED and all proceedings, including any discovery, are STAYED pending the court's resolution of the motion to remand (Doc #7 ) and, if necessary, the motion to dismiss (Doc #1 ). Signed by Magistrate Judge Gray M Borden on 8/29/19. (MRR, )
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| Filing 13 RESPONSE to Motion re #8 MOTION to Stay re #7 MOTION to Remand to State Court filed by Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC. (Melton, Allison) |
| Filing 12 NOTICE of Appearance by William L Waudby on behalf of Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC (Waudby, William) |
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Filing 11
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than October 3, 2019. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after October 3, 2019. A telephone status conference is hereby SET for 2:00 p.m. on September 11, 2019. The parties are DIRECTED to call 888-636-3807 to access the telephone conference. The access code is 3676046. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Gray M Borden on 8/23/19. (MRR, )
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Filing 10
ORDER re #8 MOTION to Stay re #7 MOTION to Remand to State Court filed by Deborah Lumpkin, Deborah Escott Lumpkin, Sundra Escott Russell. On or before 08/28/2019, any party shall show cause, if any exists, as to why the motion (Doc. 8) should not be granted. Signed by Magistrate Judge Gray M Borden on 08/21/2019. (RCP)
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Filing 9
ORDER re #7 MOTION to Remand to State Court filed by Sundra Escott Russell. The nonmovants shall file a response to the motion on or before 09/06/2019, and the movant may file a reply on or before 09/13/2019. Signed by Magistrate Judge Gray M Borden on 08/21/2019. (RCP)
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| Filing 8 MOTION to Stay re #7 MOTION to Remand to State Court by Deborah Lumpkin, Deborah Escott Lumpkin, Sundra Escott Russell. (Lay, Kenneth) |
| Filing 7 MOTION to Remand to State Court by Sundra Escott Russell. (Lay, Kenneth) |
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Filing 6
TEXT ORDER granting #5 Motion for Leave to Appear. Signed by Magistrate Judge Gray M Borden on 8/16/2019. (KMAW)
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| PHV Fee paid: $75, receipt number B4601099911. (KEK) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice by Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Shaner, John) |
| Filing 4 Corporate Disclosure Statement by Deutsche Bank National Trust Company. filed by Deutsche Bank National Trust Company (Shaner, John) |
| Filing 3 Corporate Disclosure Statement by Ocwen Loan Servicing LLC. filed by Ocwen Loan Servicing LLC (Shaner, John) |
| PHV Fee paid: $ 75, receipt number 1126-3413143. (Shaner, John) |
| Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3412267 (B4601099880). related document #1 NOTICE OF REMOVAL from Jefferson County Circuit Court, case number 01-cv-2018-904743., filed by counter defendants Ocwen Loan Servicing LLC, Deutsche Bank National Trust Company. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit A part 3, # 4 Exhibit A part 4, # 5 Exhibit B, # 6 Exhibit C)(MRR, ) Modified on 8/14/2019 (MRR, ).. (Shaner, John) Modified on 8/15/2019 (MRR, ). |
| AMENDED COMPLAINT against All Defendants, filed by CR 2018 LLC.- Deemed filed 3/20/19 Jefferson County Circuit Court (Doc 1-1 p.25 of 120)(MRR, ) Modified text on 8/29/2019 (MRR, ). |
| SUGGESTION OF DEATH as to Ruth Escott and Wedzell Escott filed by Deborah Escott Lumpkin, Sundra Escott Russell, Wedzell Escott, Ruth Escott- Deemed filed 12/10/18 Jefferson County Circuit Court (Doc 1-1 p.21 of 120) (MRR, ) |
| NOTICE of Appearance by Kenneth J Lay on behalf of Ruth Escott, Wedzell Escott, Deborah Escott Lumpkin, Sundra Escott Russell-Deemed filed 12/10/18 Jefferson County Circuit Court (Doc 1-1 p 14 of 120) (MRR, ) |
| COMPLAINT against Ruth Escott, Wedzell Escott, Deborah Lumpkin, filed by CR 2018 LLC.-Deemed filed 11/27/18 Circuit Court of Jefferson County (Doc 1-1 p3 of 120)(MRR, ) |
| ANSWER and COUNTERCLAIM against Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC by Deborah Escott Lumpkin, Sundra Escott Russell -Deemed served 5/14/19 Jefferson County Circuit Court (Doc 1-1 p.56 of 120)(MRR, ) |
| MOTION to Dismiss by CR 2018 LLC.-Deemed filed 6/7/19 Jefferson County Circuit Court (Doc 1-2 p.3 of 81) (MRR, ) |
| MOTION to Dismiss Counterclaim by Deutsche Bank National Trust Company, Ocwen Loan Servicing LLC.- Deemed filed 7/17/19 Jefferson County Circuit Court (Doc 1-2 p.59 of 81) (MRR, ) |
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PRO TANTO ORDER OF DISMISSAL- The Motion to Dismiss filed by Pltf CR 2018 is GRANTED and all claims in this case are hereby DISMISSED, WITH PREJUDICE, costs taxed as paid; All other claims by and against all other parties in this case remain pending. Signed by Circuit Judge Jim Hughey on 7/11/19- Deemed filed 7/11/19 Jefferson County Circuit Court (Doc 1-2 p.56 of 81) (MRR, )
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| SUPPLEMENT to Plaintiff's Motion to Dismiss by CR 2018 LLC - Deemed filed 7/11/19 Jefferson County Circuit Court (Doc 1-2 p. 40 of 81) (MRR, ) |
| Filing 1 NOTICE OF REMOVAL from Jefferson County Circuit Court, case number 01-cv-2018-904743., filed by counter defendants Ocwen Loan Servicing LLC, Deutsche Bank National Trust Company. (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Exhibit A part 3, #4 Exhibit A part 4, #5 Exhibit B, #6 Exhibit C)(MRR, ) Modified on 8/14/2019 (MRR, ). |
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