SE Property Holdings, LLC v. Dyken et al
| SE Property Holdings, LLC |
| Sixth Sense Trust, Capital Mass Ltd. Partnership, Renee Dyken, Midland National Life Insurance Co., Jason Dyken and The Mortgage Doctor, LLC |
| 1:2020cv00297 |
| June 1, 2020 |
| US District Court for the Southern District of Alabama |
| Sonja F Bivins |
| Kristi K DuBose |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 33
Order re: #21 MOTION to Dismiss filed by Renee Dyken, #23 MOTION to Dismiss filed by The Mortgage Doctor, LLC, #25 MOTION to Dismiss filed by Capital Mass Ltd. Partnership, and #27 MOTION to Dismiss filed by Sixth Sense Trust. Plaintiff shall file a consolidated response to motion by 8/5/2020 and Defendant shall file any reply by 8/17/2020 as set out. Signed by Magistrate Judge Sonja F. Bivins on 07/16/2020. (srd)
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| Filing 32 Document endorsed NOTED by Chief Judge Kristi K. DuBose: #31 and #30 . A review of the disclosure statements has been completed. That review has not revealed any reason to believe that there are potential conflicts of interest that would require disqualification or recusal in this action.(gcp) |
| Filing 31 Corporate Disclosure Statement filed by Defendants The Mortgage Doctor, LLC, Capital Mass Ltd. Partnership identifying Other Affiliate Capital Mass Ltd. Partnership for The Mortgage Doctor, LLC.. (Irvine, George) |
| Filing 30 Corporate Disclosure Statement filed by Defendants Capital Mass Ltd. Partnership, Sixth Sense Trust, Jason Dyken, Renee Dyken identifying Other Affiliate Jason Dyken, Other Affiliate Renee Dyken, Other Affiliate Sixth Sense Trust for Capital Mass Ltd. Partnership.. (Irvine, George) |
| MOTIONS REFERRED: #23 MOTION to Dismiss filed by The Mortgage Doctor, LLC and REFERRAL OF #24 Brief to Judge Sonja F. Bivins. (nah) |
| MOTIONS REFERRED: #25 MOTION to Dismiss filed by Capital Mass Limited Partnership and REFERRAL OF #26 Brief to Judge Sonja F. Bivins. (nah) |
| MOTIONS REFERRED: #21 MOTION to Dismiss filed by Renee Dyken and REFERRAL OF #22 Brief to Judge Sonja F. Bivins. (nah) |
| REFERRAL OF #29 Request for Judicial Notice and Consideration of Materials in Support of Motions to Dismiss to Judge Bivins. (nah) |
| MOTIONS REFERRED: #27 MOTION to Dismiss filed by Sixth Sense Trust and REFERRAL OF #28 Brief to Judge Sonja F. Bivins. (nah) |
| Filing 29 Request for Judicial Notice and Consideration of Materials in Support of Motions to Dismiss filed by Capital Mass Ltd. Partnership, Renee Dyken, Sixth Sense Trust, The Mortgage Doctor, LLC. re #22 Brief, #24 Brief, #26 Brief, #28 Brief (Irvine, George) Modified on 7/15/2020 (nah). |
| Filing 28 Brief filed by Sixth Sense Trust re #27 MOTION to Dismiss Brief in Support of Motion to Dismiss filed by Sixth Sense Trust. (Attachments: #1 Exhibit Exhibit A to Brief in Support of Motion to Dismiss, #2 Exhibit Exhibit B to Brief in Support of Motion to Dismiss, #3 Exhibit Exhibit C to Brief in Support of Motion to Dismiss, #4 Exhibit Exhibit D to Brief in Support of Motion to Dismiss, #5 Exhibit Exhibit E to Brief in Support of Motion to Dismiss, #6 Exhibit Exhibit F to Brief in Support of Motion to Dismiss, #7 Exhibit Exhibit G to Brief in Support of Motion to Dismiss, #8 Exhibit Exhibit H to Brief in Support of Motion to Dismiss, #9 Exhibit Exhibit I to Brief in Support of Motion to Dismiss) (Irvine, George) |
| Filing 27 MOTION to Dismiss filed by Sixth Sense Trust. (Irvine, George) |
| Filing 26 Brief filed by Capital Mass Ltd. Partnership Brief in Support of Motion to Dismiss filed by Capital Mass Ltd. Partnership. (Attachments: #1 Exhibit Exhibit A to Brief in Support of Motion to Dismiss, #2 Exhibit Exhibit B to Brief in Support of Motion to Dismiss, #3 Exhibit Exhibit C to Brief in Support of Motion to Dismiss, #4 Exhibit Exhibit D to Brief in Support of Motion to Dismiss, #5 Exhibit Exhibit E to Brief in Support of Motion to Dismiss, #6 Exhibit Exhibit F to Brief in Support of Motion to Dismiss, #7 Exhibit Exhibit G to Brief in Support of Motion to Dismiss, #8 Exhibit Exhibit H to Brief in Support of Motion to Dismiss) (Irvine, George) |
| Filing 25 MOTION to Dismiss filed by Capital Mass Ltd. Partnership. (Irvine, George) |
| Filing 24 Brief filed by The Mortgage Doctor, LLC re #23 MOTION to Dismiss Brief in Support of Motion to Dismiss - The Mortgage Doctor filed by The Mortgage Doctor, LLC. (Attachments: #1 Exhibit Exhibit A to Brief in Support of Motion to Dismiss - TMD, #2 Exhibit Exhibit B to Brief in Support of Motion to Dismiss - TMD, #3 Exhibit Exhibit C to Brief in Support of Motion to Dismiss, #4 Exhibit Exhibit D to Brief in Support of Motion to Dismiss, #5 Exhibit Exhibit E to Brief in Support of Motion to Dismiss, #6 Exhibit Exhibit F to Brief in Support of Motion to Dismiss, #7 Exhibit Exhibit G to Brief in Support of Motion to Dismiss, #8 Exhibit Exhibit H to Brief in Support of Motion to Dismiss) (Irvine, George) |
| Filing 23 MOTION to Dismiss filed by The Mortgage Doctor, LLC. (Irvine, George) |
| Filing 22 Brief filed by Renee Dyken re #21 MOTION to Dismiss Brief in Support of Motion to Dismiss filed by Renee Dyken. (Attachments: #1 Exhibit Exhibit A to Brief in Support of Motion to Dismiss, #2 Exhibit Exhibit B to Brief in Support of Motion to Dismiss, #3 Exhibit Exhibit C to Brief in Support of Motion to Dismiss, #4 Exhibit Exhibit D to Brief in Support of Motion to Dismiss, #5 Exhibit Exhibit E to Brief in Support of Motion to Dismiss, #6 Exhibit Exhibit F to Brief in Support of Motion to Dismiss, #7 Exhibit Exhibit G to Brief in Support of Motion to Dismiss, #8 Exhibit Exhibit H to Brief in Support of Motion to Dismiss, #9 Exhibit Exhibit I to Brief in Support of Motion to Dismiss, #10 Exhibit Exhibit J to Brief in Support of Motion to Dismiss, #11 Exhibit Exhibit K to Brief in Support of Motion to Dismiss) (Irvine, George) |
| Filing 21 MOTION to Dismiss filed by Renee Dyken. (Irvine, George) |
| Filing 20 Corporate Disclosure Statement filed by Defendants Midland National Life Insurance Co., Sammons Financial Group, Inc., Consolidated Investment Services, Inc., Sammons Enterprises, Inc. identifying Corporate Parent Sammons Financial Group, Inc., Corporate Parent Consolidated Investment Services, Inc., Corporate Parent Sammons Enterprises, Inc. for Midland National Life Insurance Co... (Long, Felicia) |
| Filing 19 Corporate Disclosure Statement filed by Defendant Midland National Life Insurance Co.. (Long, Felicia) |
| Filing 18 ANSWER to #1 Complaint, by Midland National Life Insurance Co.. (Attachments: #1 Conflict Page) (Long, Felicia) |
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Filing 17
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 8/27/2020. Signed by Magistrate Judge Sonja F. Bivins on 07/14/2020. (Attachments: #1 Consent Form) (nah)
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| Filing 16 ANSWER to #1 Complaint, with Jury Demand by Jason Dyken. (Wynne, Marion) |
| Answer due from Capital Mass Ltd. Partnership on 7/14/2020; Renee Dyken on 7/14/2020; Midland National Life Insurance Co. on 7/14/2020; Sixth Sense Trust on 7/14/2020; The Mortgage Doctor, LLC on 7/14/2020 pursuant to FRCP 12(a). (Per Docs. 14 & 15) (tgw) |
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Filing 15
ENDORSED ORDER granting #13 Motion for Extension of Time to Answer the Complaint. Signed by Chief Judge Kristi K. DuBose on 6/25/20. (gcp)
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Filing 14
ENDORSED ORDER granting #10 Motion for Extension of Time to respond to the Complaint. Signed by Chief Judge Kristi K. DuBose on 6/25/20. (gcp)
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| MOTIONS REFERRED: #13 MOTION for Extension of Time to File Answer re #1 Complaint to Judge DuBose (tgw) |
| Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint, filed by Midland National Life Insurance Co.. (Long, Felicia) |
| Filing 12 NOTICE of Appearance by Felicia A. Long on behalf of Midland National Life Insurance Co. (Long, Felicia) |
| Filing 11 NOTICE of Appearance by Marion E. Wynne, Jr on behalf of Jason Dyken (Wynne, Marion) |
| Filing 10 Consent MOTION for Extension of Time to Respond to Complaint filed by Capital Mass Ltd. Partnership, Renee Dyken, Sixth Sense Trust, The Mortgage Doctor, LLC. (Irvine, George) |
| MOTIONS REFERRED: #10 Consent MOTION for Extension of Time to Respond to Complaint to Judge DuBose (nah) |
| Filing 9 NOTICE of Appearance by Stephen E. Clements on behalf of Jason Dyken (Clements, Stephen) |
| Filing 8 SUMMONS Returned Executed by SE Property Holdings, LLC. Midland National Life Insurance Co. served on 6/9/2020, answer due 6/30/2020 (Newman, J.) |
| Filing 7 This action has been transferred from the docket of Magistrate Judge Sonja F. Bivins and is now assigned to the docket of Chief Judge Kristi K. DuBose and Magistrate Judge Sonja F. Bivins. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-B after the case number on all future pleadings. (mpp) |
| Filing 6 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment) (mpp) Copy to Pltf |
| Filing 5 SUMMONS Returned Executed by process server by SE Property Holdings, LLC. Capital Mass Ltd. Partnership served on 6/2/2020, answer due 6/23/2020; Jason Dyken served on 6/2/2020, answer due 6/23/2020; Renee Dyken served on 6/2/2020, answer due 6/23/2020; Sixth Sense Trust served on 6/2/2020, answer due 6/23/2020; The Mortgage Doctor, LLC served on 6/2/2020, answer due 6/23/2020 (Newman, J.) |
| Filing 4 Summons Issued as to All Defendants. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (Attachments: #1 Summons R Dyken, #2 Summons - Midland, #3 Summons - Capital Mass, #4 Summons - Mortgage, #5 Summons - Sixth) (mpp) |
| Filing 3 NOTICE of Filing Proposed Summons by SE Property Holdings, LLC (Attachments: #1 Proposed summons Capital Mass, #2 proposed summons Midland Life, #3 proposed summons Mortgage Doctor, #4 proposed Summons Sixth Sense) (Newman, J.) |
| Filing 2 NOTICE of Filing Proposed Summons by SE Property Holdings, LLC for all Defendants (Newman, J.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number BALSDC-2622794, Online Credit Card Payment), filed by SE Property Holdings, LLC. 90 day Rule 4m deadline set for 8/31/2020. (Newman, J.) (Additional attachment(s) added on 6/2/2020: #1 Civil Cover Sheet) (mpp). |
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