Osborne v. PNC Bank et al
| Edward I Osborne |
| PNC Bank, Young Boozer and Tony S Allen |
| 2:2023cv00207 |
| February 17, 2023 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| John H England |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2023. A more recent docket listing may be available from PACER.
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Filing 27
TEXT ORDER re [23, 25] Defendants Young Boozer, Tony Allen, and PNC Bank's Motions to Dismiss - Plaintiff's response is due on or before April 25, 2023; a reply, if any, is due on or before May 2, 2023. Signed by Judge Annemarie Carney Axon on 44/11/2023. (KSS)
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| Filing 26 Brief re #22 Evidentiary Material, #25 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Tony S Allen, PNC Bank. (Fowlkes, Robert) |
| Filing 25 MOTION to Dismiss Plaintiff's Second Amended Complaint by Tony S Allen, PNC Bank. (Fowlkes, Robert) |
| Filing 24 Brief re #23 MOTION to Dismiss filed by Young Boozer. (Chynoweth, Brad) |
| Filing 23 MOTION to Dismiss by Young Boozer. (Chynoweth, Brad) |
| Filing 22 Evidentiary Material in Support of Motion to Dismiss Plaintiff's Second Amended Complaint filed by PNC Bank, Tony S. Allen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Fowlkes, Robert) |
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Filing 21
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 3/30/23. (SAC)
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| Filing 20 NOTICE OF REASSIGNMENT-The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Annemarie Carney Axon. Please use case number 2:23 CV 207 ACA on all subsequent pleadings. (AKD) |
| Filing 19 NOTICE: Telephone Conference set for March 27, 2023 is CANCELLED. (AKD) |
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Filing 18
TEXT ORDER granting #17 Motion for Extension of Time. Defendants' deadline to respond to the amended complaint is extended to April 10, 2023. Signed by Magistrate Judge John H. England, III on 3/20/2023. (CDG)
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| Filing 17 Unopposed MOTION for Extension of Time (Joint) Motion is RIPE 3/20/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Young Boozer. (Chynoweth, Brad) |
| Set/Reset Deadlines: Tony S Allen answer due 4/10/2023; Young Boozer answer due 4/10/2023; PNC Bank answer due 4/10/2023. (AKD) |
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Filing 16
TEXT ORDER granting #15 Unopposed Motion to Stay. The parties' discovery and Rule 26 obligations are STAYED pending the disposition of Defendants' forthcoming motions to dismiss. Signed by Magistrate Judge John H. England, III on 3/13/2023. (CDG)
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| Filing 15 MOTION to Stay Discovery and All Rule 26 Obligations Pending Disposition of Defendants' To-Be-Filed Motions to Dismiss Plaintiff's Second Amended Complaint by Tony S Allen, PNC Bank. (Moore, Jennifer) |
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Filing 14
TEXT ORDER finding as moot #4 Motion to Dismiss and #8 Motion to Dismiss in light of Plaintiff's amended complaint. Signed by Magistrate Judge John H. England, III on 3/13/2023. (CDG)
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| Filing 13 AMENDED COMPLAINT Second Amended & Restated Complaint against All Defendants, filed by Edward I Osborne.(Loder, Lee) |
| Filing 12 RESPONSE to Motion re #8 MOTION to Dismiss , #4 MOTION to Dismiss Plaintiff's Amended Complaint filed by Edward I Osborne. (Loder, Lee) |
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Filing 11
ORDER REGARDING COMPLIANCE WITH RULE 26(f). Signed by Magistrate Judge John H England, III on 02/28/2023. (AKD)
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Filing 10
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 April 10, 2023. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a randomly drawn district judge without further order after April 10, 2023.A telephone status conference is hereby SET for 10:00 a.m. on March 27, 2023. The parties are DIRECTED to call 205-931-0422 to access the telephone conference. The access code is 984 566 280. The parties should call in five minutes prior to the start time of the conference. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge John H England, III on 02/28/2023. (AKD)
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| Set/Reset Deadlines as to #8 MOTION to Dismiss Responses due by 3/13/2023 Replies due by 3/20/2023. (AKD) |
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Filing 9
TEXT ORDER setting briefing schedule re #8 Motion to Dismiss. Plaintiff's response is due by March 13, 2023. Defendant's reply, if any, is due by March 20, 2023. Signed by Magistrate Judge John H. England, III on 2/27/2023. (CDG)
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| Filing 8 MOTION to Dismiss by Young Boozer. (Chynoweth, Brad) |
| Filing 7 NOTICE of Appearance by Laura E Howell on behalf of Young Boozer (Howell, Laura) |
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Filing 6
TEXT ORDER setting briefing schedule re #4 Motion to Dismiss. Plaintiff's response is due by March 10, 2023. Defendants' reply, if any, is due by March 17, 2023. Signed by Magistrate Judge John H. England, III on 2/24/2023. (CDG)
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| Filing 5 Brief re #4 MOTION to Dismiss Plaintiff's Amended Complaint . (Attachments: #1 Exhibit A - Order Granting Letters Testamentary, #2 Exhibit B - Petition for Consent Settlement of Decedent's Estate, #3 Exhibit C - Decree on Final Settlement, #4 Exhibit D - Order Granting Successor Letters, #5 Exhibit E - Declaration of Tony S. Allen)(Fowlkes, Robert) |
| Filing 4 MOTION to Dismiss Plaintiff's Amended Complaint by Tony S Allen, PNC Bank. (Fowlkes, Robert) |
| Filing 3 Corporate Disclosure Statement by PNC Bank. filed by PNC Bank (Fowlkes, Robert) |
| Set/Reset Deadlines as to #4 MOTION to Dismiss Plaintiff's Amended Complaint Responses due by 3/10/2023. Replies due by 3/17/2023. (AKD) |
| Filing 2 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) |
| Filing 1 NOTICE OF REMOVAL by PNC Bank from Circuit Court of Jefferson County, AL, case number 01-CV-2023-900062.00., filed by PNC Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(AKD) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4276391 (ALND receipt# B-3823). related document #1 NOTICE OF REMOVAL by PNC Bank from Circuit Court of Jefferson County, AL, case number 01-CV-2023-900062.00., filed by PNC Bank. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(AKD). (Fowlkes, Robert) Modified on 2/17/2023 (AKD). |
| State Court Amended Complaint deemed filed in Circuit Court of Jefferson County, AL on 1/24/2023 (AKD) |
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