SE Property Holdings, LLC v. Dyken et al
Plaintiff: SE Property Holdings, LLC
Defendant: Sixth Sense Trust, Capital Mass Ltd. Partnership, Renee Dyken, Midland National Life Insurance Co., Jason Dyken and The Mortgage Doctor, LLC
Case Number: 1:2020cv00297
Filed: June 1, 2020
Court: US District Court for the Southern District of Alabama
Presiding Judge: Sonja F Bivins
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2020 Opinion or Order 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)
July 15, 2020 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)
July 15, 2020 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)
July 15, 2020 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)
July 15, 2020 REFERRAL OF #29 Request for Judicial Notice and Consideration of Materials in Support of Motions to Dismiss to Judge Bivins. (nah)
July 15, 2020 MOTIONS REFERRED: #27 MOTION to Dismiss filed by Sixth Sense Trust and REFERRAL OF #28 Brief to Judge Sonja F. Bivins. (nah)
July 15, 2020 MOTIONS REFERRED: #25 MOTION to Dismiss filed by Capital Mass Limited Partnership and REFERRAL OF #26 Brief to Judge Sonja F. Bivins. (nah)
July 15, 2020 MOTIONS REFERRED: #23 MOTION to Dismiss filed by The Mortgage Doctor, LLC and REFERRAL OF #24 Brief to Judge Sonja F. Bivins. (nah)
July 15, 2020 MOTIONS REFERRED: #21 MOTION to Dismiss filed by Renee Dyken and REFERRAL OF #22 Brief to Judge Sonja F. Bivins. (nah)
July 14, 2020 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).
July 14, 2020 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)
July 14, 2020 Filing 27 MOTION to Dismiss filed by Sixth Sense Trust. (Irvine, George)
July 14, 2020 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)
July 14, 2020 Filing 25 MOTION to Dismiss filed by Capital Mass Ltd. Partnership. (Irvine, George)
July 14, 2020 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)
July 14, 2020 Filing 23 MOTION to Dismiss filed by The Mortgage Doctor, LLC. (Irvine, George)
July 14, 2020 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)
July 14, 2020 Filing 21 MOTION to Dismiss filed by Renee Dyken. (Irvine, George)
July 14, 2020 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)
July 14, 2020 Filing 19 Corporate Disclosure Statement filed by Defendant Midland National Life Insurance Co.. (Long, Felicia)
July 14, 2020 Filing 18 ANSWER to #1 Complaint, by Midland National Life Insurance Co.. (Attachments: #1 Conflict Page) (Long, Felicia)
July 14, 2020 Opinion or Order 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)
July 13, 2020 Filing 16 ANSWER to #1 Complaint, with Jury Demand by Jason Dyken. (Wynne, Marion)
June 26, 2020 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)
June 25, 2020 Opinion or Order 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)
June 25, 2020 Opinion or Order 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)
June 25, 2020 MOTIONS REFERRED: #13 MOTION for Extension of Time to File Answer re #1 Complaint to Judge DuBose (tgw)
June 24, 2020 Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint, filed by Midland National Life Insurance Co.. (Long, Felicia)
June 24, 2020 Filing 12 NOTICE of Appearance by Felicia A. Long on behalf of Midland National Life Insurance Co. (Long, Felicia)
June 23, 2020 MOTIONS REFERRED: #10 Consent MOTION for Extension of Time to Respond to Complaint to Judge DuBose (nah)
June 23, 2020 Filing 11 NOTICE of Appearance by Marion E. Wynne, Jr on behalf of Jason Dyken (Wynne, Marion)
June 23, 2020 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)
June 22, 2020 Filing 9 NOTICE of Appearance by Stephen E. Clements on behalf of Jason Dyken (Clements, Stephen)
June 11, 2020 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.)
June 8, 2020 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)
June 4, 2020 Filing 6 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment) (mpp) Copy to Pltf
June 4, 2020 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.)
June 2, 2020 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)
June 2, 2020 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.)
June 1, 2020 Filing 2 NOTICE of Filing Proposed Summons by SE Property Holdings, LLC for all Defendants (Newman, J.)
June 1, 2020 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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Plaintiff: SE Property Holdings, LLC
Represented By: J. Blair Newman, Jr.
Represented By: Gilbert L. Fontenot
Represented By: James S. Harvey
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Defendant: Sixth Sense Trust
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Defendant: Capital Mass Ltd. Partnership
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Defendant: Renee Dyken
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Defendant: Midland National Life Insurance Co.
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Defendant: Jason Dyken
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Defendant: The Mortgage Doctor, LLC
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