One Nation Irrevocable Trust v. Da et al
Plaintiff: One Nation Irrevocable Trust
Defendant: B Russell Smith, Russ, MERS, Sanjiv Da, Colt 2020-IR Mortgage Loan Trust doing business as Caliber Home Loans Incorporated and Davella Family Revocable Trust
Case Number: 2:2021cv00964
Filed: June 3, 2021
Court: US District Court for the District of Arizona
Presiding Judge: Steven P Logan
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2021 Filing 14 RESPONSE to Motion re: #12 MOTION to Dismiss Case filed by One Nation Irrevocable Trust. (40 Pages) (REK)
June 28, 2021 Opinion or Order Filing 13 ORDER: IT IS ORDERED that Plaintiff shall have until July 28, 2021 to file a response to the Motion to Dismiss (Doc. #12 ). IT IS FURTHER ORDERED that Defendant(s) shall file any reply within fifteen (15) days from the date Plaintiff's response is filed. IT IS FURTHER ORDERED that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. (See Order for full details.) Signed by Judge Steven P Logan on 6/28/21. (SST)
June 24, 2021 Filing 12 MOTION to Dismiss Case by Colt 2020-IR Mortgage Loan Trust, Sanjiv Da, MERS, B Russell Smith. (Attachments: #1 Exhibit A)(Yost, Austin)
June 17, 2021 Filing 11 Mail Returned as Undeliverable. Mail sent to One Nation Irrevocable Trust. Reason for return: Return to Sender: Unable to Find. Document numbers 2 and 3. (REK)
June 11, 2021 Opinion or Order Filing 10 ORDER: The Motion for Extension [9) is granted. Defendants Sanjiv Das, B. Russell Smith, MERS, and Colt 2020-IR Mortgage Loan Trust shall have until June 24, 2021, to file an answer to the Complaint and otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P.Logan on 6/11/2021. (LMR)
June 8, 2021 Filing 9 *First MOTION for Extension of Time to Respond to Plaintiffs' Complaint by Colt 2020-IR Mortgage Loan Trust, Sanjiv Da, MERS, B Russell Smith. (Attachments: #1 Text of Proposed Order Proposed Order)(Yost, Austin) *Modified to reflect correct event; attorney noticed on 6/9/2021 (SST).
June 7, 2021 Filing 8 *Corporate Disclosure Statement by Colt 2020-IR Mortgage Loan Trust, MERS. (Yost, Austin) *Modified to remove incorrect filers; attorney noticed on 6/8/2021 (SST).
June 4, 2021 Filing 7 Additional Attachments to Main Document re: #1 Notice of Removal Civil Cover Sheet by Defendants Colt 2020-IR Mortgage Loan Trust, Sanjiv Da, MERS, B Russell Smith. (Yost, Austin)
June 4, 2021 Opinion or Order Filing 6 PRELIMINARY ORDER: IT IS THEREFORE ORDERED: 1. That Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than September 1, 2021; 2. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court; and 3. That unless the Court orders otherwise, on September 1, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (See Order for full details.) Signed by Judge Steven P Logan on 6/3/21. (SST)
June 3, 2021 Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Sanjiv Da, B Russell Smith, Colt 2020-IR Mortgage Loan Trust, MERS. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC)
June 3, 2021 Filing 4 NOTICE TO PARTY OF DEFICIENCY 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 Colt 2020-IR Mortgage Loan Trust. (ARC)
June 3, 2021 Filing 3 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (ARC)
June 3, 2021 Filing 2 Filing fee paid, receipt number 0970-19530713. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-21-964-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC)
June 3, 2021 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2021-090758. Filing fee received: $ 402.00, receipt number 0970-19530713 filed by MERS, Colt 2020-IR Mortgage Loan Trust, B Russell Smith, Sanjiv Da. (Yost, Austin) (Attachments: #1 Supplemental Civil Cover Sheet, #2 Exhibit A-B, #3 Exhibit C-F, #4 Exhibit G-I, #5 Exhibit J-P)(ARC)
June 3, 2021 ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Affidavit of Service by Certified Mail upon Colt 2020-IR Mortgage Loan Trust on 5/11/2021. (Original filed in Maricopa County Superior Court on 5/14/2021); upon Sanjiv Da on 5/11/2021. (Original filed in Maricopa County Superior Court on 5/14/2021); upon MERS on 5/12/2021. (Original filed in Maricopa County Superior Court on 5/17/2021); upon B Russell Smith on 5/13/2021. (Original filed in Maricopa County Superior Court on 5/17/2021) (ARC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Defendant: B Russell Smith
Represented By: Brian Court Lake
Represented By: Austin Clark Yost
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Defendant: Russ
Represented By: Brian Court Lake
Represented By: Austin Clark Yost
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Defendant: MERS
Represented By: Brian Court Lake
Represented By: Austin Clark Yost
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Defendant: Sanjiv Da
Represented By: Brian Court Lake
Represented By: Austin Clark Yost
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Defendant: Colt 2020-IR Mortgage Loan Trust doing business as Caliber Home Loans Incorporated
Represented By: Brian Court Lake
Represented By: Austin Clark Yost
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Defendant: Davella Family Revocable Trust
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Plaintiff: One Nation Irrevocable Trust
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