Wilson et al v. Deutche Bank Nation Trust Company et al
| Kennon Wilson and Ginger Wilson |
| Deutche Bank Nation Trust Company, PHH Mortgage Corporation, Altisource Solutions, Inc., Altisource Online Auction, Inc. and Deutsche Bank National Trust Company |
| 2:2023cv00643 |
| May 19, 2023 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 MOTION to Amend/Correct Motion for Leave to File Second Amended Complaint by Ginger Wilson, Kennon Wilson. (Attachments: #1 Exhibit A--Proposed Second Amended Complaint, #2 Exhibit 1--Sales Contract, #3 Exhibit 2--Settlement Agreement, #4 Exhibit 3--Final Judgment, #5 Exhibit 4--Email from Ocwen to AltiSource)(Carroll, Matthew) |
Filing 22
SCHEDULING ORDER governing proceedings in this action unless modified for good cause shown: Discovery due by 5/31/2024; Dispositive Motions due by 8/7/2024; Joint Status Report due by 5/1/2024. The parties shall be ready for trial in March 2025, to be scheduled by separate order. Signed by Judge Annemarie Carney Axon on 10/12/23. (SAC)
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| Filing 21 REPORT of Rule 26(f) Planning Meeting. (Hoffmann, Jonathan) |
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Filing 20
TEXT ORDER - The parties are reminded of their obligations under Federal Rule of Civil Procedure 26(f). The parties shall confer as soon as practicable and file a Rule 26(f) report on or before October 2, 2023. Signed by Judge Annemarie Carney Axon on 9/20/23. (SAC)
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Filing 19
TEXT ORDER Plaintiffs Kennon and Ginger Wilson filed a complaint that includes a "Summary of Case" within the umbrella of allegations they contend supports their claims. (Doc. 1 at 1) (including the "Summary of Case" immediately after "In support thereof, Plaintiffs allege as follows:"). The "summary" does not comply with either Federal Rules of Civil Procedure 8 or 10 and is predominated by conclusory allegations. The court therefore STRIKES the "Summary of Case." Signed by Judge Annemarie Carney Axon on 08/22/2023. (RMM)
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| Filing 18 Corporate Disclosure Statement by Deutsche Bank National Trust Company, PHH Mortgage Corporation. filed by Deutsche Bank National Trust Company, PHH Mortgage Corporation (Sipes, Jade) |
| Filing 17 NOTICE of Appearance by Christie Lyman Dowling on behalf of Deutsche Bank National Trust Company, PHH Mortgage Corporation (Dowling, Christie) |
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Filing 16
ORDER REGARDING COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26(f). Signed by Judge Annemarie Carney Axon on 8/16/23. (SAC)
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| Filing 15 ANSWER to #5 Amended Complaint, by AltiSource Online Auction, Inc., AltiSource Solutions, Inc..(Hoffmann, Jonathan) |
| Filing 14 ANSWER to #5 Amended Complaint, by Deutsche Bank National Trust Company, PHH Mortgage Corporation.(Sipes, Jade) |
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Filing 13
TEXT ORDER granting Defendants Deutsche Bank National Trust Company and PHH Mortgage Corporation's #12 unopposed motion for an extension of time, until August 14, 2023, to file responsive pleadings. Signed by Judge Annemarie Carney Axon on 7/14/2023. (KSS)
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer re #5 Amended Complaint, by Deutsche Bank National Trust Company. (Sipes, Jade) |
| Filing 11 SUMMONS Returned Executed by Kennon Wilson, Ginger Wilson. PHH Mortgage Corporation served on 6/26/2023, answer due 7/17/2023. (Carroll, Matthew) |
| Filing 10 SUMMONS Returned Executed by Kennon Wilson, Ginger Wilson. AltiSource Online Auction, Inc. served on 6/26/2023, answer due 7/17/2023. (Carroll, Matthew) |
| Filing 9 SUMMONS Returned Executed by Kennon Wilson, Ginger Wilson. AltiSource Solutions, Inc. served on 6/26/2023, answer due 7/17/2023. (Carroll, Matthew) |
| Filing 8 Summons Issued as to AltiSource Online Auction, Inc., AltiSource Solutions, Inc., Deutsche Bank National Trust Company, PHH Mortgage Corporation (delivered to plaintiff for service). (KSS) |
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Filing 7
TEXT ORDER. Having reviewed the #5 amended complaint and #6 response to this court's #4 order to show cause, the court finds that the amended complaint cures the pleading deficiencies with respect to diversity jurisdiction. See Wachovia Bank v. Schmidt, 546 U.S. 303, 307 (2006) ("[A] national bank, for [28 U.S.C.] 1348 purposes, is a citizen of the State in which its main office, as set forth in its articles of association, is located."). Signed by Judge Annemarie Carney Axon on 6/14/2023. (KSS)
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| Filing 6 RESPONSE to re #4 Court's Show Cause Order filed by Ginger Wilson, Kennon Wilson. (Carroll, Matthew) |
| Filing 5 AMENDED COMPLAINT Plaintiffs' First Amended Complaint against All Defendants, filed by Kennon Wilson, Ginger Wilson. (Attachments: #1 Exhibit 1--Purchase Contract, #2 Exhibit 2--Consent Judgment, #3 Exhibit 3-Email btwn Deutsche Bank and Altisource Defendants)(Carroll, Matthew) |
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Filing 4
ORDER TO SHOW CAUSE The court ORDERS the Wilsons to SHOW CAUSE, in writing, on or before June 6, 2023, why the court should not dismiss this case for lack of subject matter jurisdiction. Signed by Judge Annemarie Carney Axon on 5/23/2023. (KSS)
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Filing 3
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 5/23/23. (SAC)
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Filing 2
TEXT ORDER - On or before May 30, 2023, Plaintiff shall pay the filing fee or file a motion for leave to proceed in forma pauperis. If Plaintiff does not comply with this order, the court may dismiss this case for failure to prosecute. Signed by Judge Annemarie Carney Axon on 5/23/23. (SAC)
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| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4348085. ALND receipt number B-5435. related document #1 COMPLAINT against All Defendants, filed by Kennon Wilson, Ginger Wilson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(KSS). (Carroll, Matthew) |
| Filing 1 COMPLAINT against All Defendants, filed by Kennon Wilson, Ginger Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(KSS) |
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