Gallardo et al v. First Horizon Home Loans et al
| Edward Gallardo, Joni McLin-Gallardo and Edward Gallardo Jr |
| First Tennesse Bank NA, First Horizon Home Loans, First Horizon National Corporation and First Horizon National Corporation doing business as First Horizon Bank |
| 2:2020cv00889 |
| May 7, 2020 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on June 22, 2020. A more recent docket listing may be available from PACER.
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Filing 21
ORDER - The Motion to Remand (Doc. #14 ) is granted and this case is remanded to the Arizona Superior Court in Maricopa County. The Motion to Deem Removal Filed On May 6, 2020 (Doc. #6 ) is denied. The Motion to Dismiss (Doc. #10 ) remains pending before the Arizona Superior Court. The oral argument in this case is denied. Signed by Judge Michael T Liburdi on 6/22/20. (Attachments: #1 Remand Letter) (DXD)
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| Filing 20 REPLY to Response to Motion re: #14 MOTION to Remand to State Court filed by Edward Gallardo, Joni McLin-Gallardo. (Attachments: #1 Exhibit Exs 1 and 2)(Klopp, Matthew) |
| Filing 19 *REPLY to Response to Motion re: #14 MOTION to Remand to State Court filed by Edward Gallardo, Joni McLin-Gallardo. (Attachments: #1 Exhibit Exhibits 1-2)(Klopp, Matthew) *Document not in Compliance with LRCiv 7.1(c). Corrected at Doc. #20 on 6/4/2020 (DXD). |
| Filing 18 REPLY to Response to #6 MOTION to Deem Removal Filed on 5/6/2020 re: #1 Notice of Removal, RESPONSE to Motion re: #14 MOTION to Remand to State Court by Defendants First Horizon Home Loans, First Horizon National Corporation, First Tennesse Bank NA. (Balser, Justin) *Modified to add response on 5/29/2020 (DXD). |
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Filing 17
ORDER granting the Joint Motion for Extension of Time to Respond to Motion to Dismiss (Doc. #16 ). The deadline for Plaintiffs to file a response to Defendants' Motion to Dismiss (Doc. #10 ) is extended to no later 15 days after the Court rules on Plaintiffs' Motion to Remand (Doc. #14 ) (if the Motion to Remand is denied). There will be no further extensions absent a showing of extraordinary circumstances. Signed by Judge Michael T. Liburdi on 5/26/2020. (RMW)
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| Filing 16 Joint MOTION for Extension of Time to File Response/Reply re: #10 MOTION to Dismiss for Failure to State a Claim by Edward Gallardo, Joni McLin-Gallardo. (Attachments: #1 Text of Proposed Order Proposed Order)(Klopp, Matthew) *Modified linkage on 5/26/2020 (DXD). |
| Filing 15 Additional Attachments to Main Document re: #14 MOTION to Remand to State Court by Plaintiffs Edward Gallardo, Joni McLin-Gallardo. (Attachments: #1 Text of Proposed Order Proposed Order to Remand)(Klopp, Matthew) |
| Filing 14 MOTION to Remand to State Court by Edward Gallardo, Joni McLin-Gallardo. (Klopp, Matthew) |
| Filing 13 RESPONSE to Motion re: #6 MOTION to Deem Removal Filed on 5/6/2020 re: #1 Notice of Removal filed by Edward Gallardo, Joni McLin-Gallardo. (Klopp, Matthew) |
| Filing 12 NOTICE TO FILER OF DEFICIENCY re: #10 MOTION to Dismiss for Failure to State a Claim, #11 Additional Attachments to Main Document. Documents not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 11 Additional Attachments to Main Document re: #10 MOTION to Dismiss for Failure to State a Claim PROPOSED ORDER by Defendants First Horizon Home Loans, First Horizon National Corporation, First Tennesse Bank NA. (Balser, Justin) *Modified text on 5/14/2020 (DXD). |
| Filing 10 MOTION to Dismiss for Failure to State a Claim FIRST HORIZON BANK AND FIRST HORIZON NATIONAL CORPORATION'S NOTICE OF MOTION; MOTION TO DISMISS PLAINTIFFS' COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by First Horizon Home Loans, First Horizon National Corporation, First Tennesse Bank NA. (Attachments: #1 Exhibit A)(Balser, Justin) *Modified text on 5/14/2020 (DXD). |
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Filing 9
ORDER (text only): Before the Court is Defendants' Motion to Deem Removal Filed on 5/6/2020 (Doc. #6 ). IT IS ORDERED that should Plaintiffs wish to respond to this Motion, they shall have until 5/22/2020. IT IS FURTHER ORDERED that if Plaintiffs choose to oppose the Motion, they shall contemporaneously file a motion to remand. Ordered by Judge Michael T. Liburdi on 5/8/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 8 MINUTE ORDER: The Notice issued 5/7/20, Doc. #5 was issued in error and may be disregarded. Corporate Disclosure Statement Deadline terminated as to First Tennesse Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) |
| Filing 7 NOTICE re: LODGING OF STATE COURT RECORDS AND PROCEEDINGS by First Horizon Home Loans, First Horizon National Corporation, First Tennesse Bank NA . (Attachments: #1 Exhibit A)(Balser, Justin) |
| Filing 6 MOTION to Deem Removal Filed on 5/6/2020 re: #1 Notice of Removal Memorandum of Points and Authorities in Support by First Horizon Home Loans, First Horizon National Corporation, First Tennesse Bank NA. (Attachments: #1 Exhibit A)(Balser, Justin) *Modified text for clarification on 5/11/2020 (DXD). |
| Filing 5 *Issued in Error, See Doc.8-- NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to First Tennesse Bank NA. (DXD) Modified on 5/8/2020 (SJF). |
| Filing 4 Filing fee paid, receipt number 0970-18252836. This case has been assigned to the Honorable Judge Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-20-00889-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DXD) |
| Filing 3 Corporate Disclosure Statement (First Horizon Bank) by First Horizon National Corporation (submitted by Justin Balser). (DXD) |
| Filing 2 Corporate Disclosure Statement by First Horizon National Corporation, Successor by Conversion to First Tennessee Bank (submitted by Justin Balser). (DXD) Modified on 5/8/2020 (SJF). |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2020-004336. Filing fee received: $400.00, receipt number 0970-18252836 filed by First Tennesse Bank NA, First Horizon National Corporation, First Horizon Home Loans (submitted by Justin Balser). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Supplemental Civil Cover Sheet) (DXD) |
| **State Court record received on 5/7/20** SERVICE EXECUTED: Proof of Service re: Summons/ Complaint upon First Tennesse Bank NA and First Horizon Home Loans on 4/6/20. **Docketed in US District Court on 5/7/20 for case management purposes.** (DXD) |
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