Cummings v. Tucker et al
Plaintiff: Pamela Lynn Cummings
Defendant: Mark A Tucker, Greg Sir, Catamount Properties, Evergreen Note Servicing, Catamount Properties 2018 LLC and Law Office of Mark A Tucker PC
Case Number: 2:2021cv01409
Filed: August 16, 2021
Court: US District Court for the District of Arizona
Presiding Judge: John J Tuchi
Nature of Suit: Real Property: Foreclosure
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2021 Filing 31 SERVICE EXECUTED: Certified Mail Receipt upon Catamount Properties 2018 LLC. (DXD)
October 4, 2021 Filing 30 REPLY to Response to Motion re: #12 MOTION to Dismiss for Failure to State a Claim filed by Greg Sir. (Harris, Ralph)
September 29, 2021 Opinion or Order Filing 29 ORDER - Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Tucker Defendants' Joinder and Motion to Dismiss (Doc. #21 ) and Defendant Evergreens Joinder and Motion to Dismiss (Doc. #22 ) no later than 10/22/2021. Signed by Judge John J Tuchi on 9/29/21. (DXD)
September 27, 2021 Opinion or Order Filing 28 ORDER granting #15 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. See document for complete details. Signed by Judge John J Tuchi on 9/27/21. (DXD)
September 23, 2021 Filing 27 NOTICE of Appearance by Nancy Kalafa Swift on behalf of Evergreen Note Servicing. (Swift, Nancy)
September 22, 2021 Filing 26 RESPONSE in Opposition re: #12 MOTION to Dismiss for Failure to State a Claim filed by Pamela Lynn Cummings. (9 pages)(ESG)
September 22, 2021 Filing 25 Additional Attachments to Main Document re: #22 Joinder [PROPOSED] ORDER GRANTING DEFENDANT EVERGREEN ESCROW, INC. D/B/A EVERGREEN NOTE SERVICING'S JOINDER, MOTION TO DISMISS AND REQUEST FOR JUDICIAL NOTICE AND FOR INCORPORATION BY REFERENCE INTO COMPLAINT by Defendant Evergreen Note Servicing. (Swift, Nancy)
September 22, 2021 Filing 24 REQUEST re: DEFENDANT EVERGREEN ESCROW, INC. D/B/A EVERGREEN NOTE SERVICING'S REQUEST FOR JUDICIAL NOTICE AND FOR INCORPORATION BY REFERENCE INTO COMPLAINT [MOTION TO DISMISS, DECLARATION RE ATTEMPTED CONFERRAL AND (PROPOSED) ORDER FILED CONCURRENTLY HEREWITH] by Defendant Evergreen Note Servicing. (Swift, Nancy)
September 22, 2021 Filing 23 DECLARATION of DECLARATION OF NANCY SWIFT REGARDING NOTICE OF CERTIFICATION OF (ATTEMPTED) CONFERRAL re: #22 Joinder, #4 Order by Defendant Evergreen Note Servicing. (Swift, Nancy)
September 22, 2021 Filing 22 Joinder re: #12 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Failure to State a Claim DEFENDANT EVERGREEN ESCROW, INC. D/B/A EVERGREEN NOTE SERVICING'S NOTICE OF JOINDER AND MOTION TO DISMISS COMPLAINT [REQUEST FOR JUDICIAL NOTICE AND FOR INCORPORATION BY REFERENCE, DECLARATION RE ATTEMPTED CONFERRAL AND (PROPOSED) ORDER FILED CONCURRENTLY HEREWITH] by Defendant Evergreen Note Servicing. (Swift, Nancy) *Modified linkage/ add motion on 9/23/2021 (DXD).
September 20, 2021 Filing 21 MOTION to Dismiss Case Joinder and Motion to Dismiss Complaint by Catamount Properties 2018 LLC, Law Office of Mark A Tucker PC, Mark A Tucker. (Ugalde, James)
September 20, 2021 Filing 20 NOTICE re: Notice of Certification of (Attempted) Conferral by Catamount Properties 2018 LLC, Law Office of Mark A Tucker PC, Mark A Tucker . (Ugalde, James)
September 16, 2021 Filing 19 NOTICE of Appearance by James Louis Ugalde on behalf of Catamount Properties 2018 LLC, Law Office of Mark A Tucker PC, Mark A Tucker. (Ugalde, James)
September 16, 2021 Filing 18 DECLARATION of Certification of (Attempted) Conferral re: #4 Order by Defendant Greg Sir. (Harris, Ralph)
September 15, 2021 Opinion or Order Filing 17 ORDER: IT IS ORDERED denying as moot Plaintiff's Motion to Consolidate Cases (Doc. #16 ). (See attached Order). Signed by Judge John J Tuchi on 9/15/2021. (JAMA)
September 10, 2021 Filing 16 MOTION to Consolidate Cases by Pamela Lynn Cummings. (Associated Cases: CV-21-01409-PHX-JJT, CV-21-01539-PHX-DWL) (DXD)
September 10, 2021 Filing 15 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Pamela Lynn Cummings. (DXD)
September 7, 2021 Filing 14 NOTICE OF PARTY'S CHANGE OF ADDRESS by Pamela Lynn Cummings: 10940 Parallel Parkway #197, Kansas City, KS 66109. (LAD) (1 page)
September 3, 2021 Opinion or Order Filing 13 ORDER - Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendant Greg Sir's Motion to Dismiss (Doc. #12 ) no later than 9/23/2021. Signed by Judge John J Tuchi on 9/2/21. (DXD)
September 2, 2021 Filing 12 *MOTION to Dismiss for Failure to State a Claim by Greg Sir. (Attachments: #1 Exhibit, #2 Proposed Order)(Harris, Ralph) *Modified to correct event on 9/3/2021 (DXD).
August 25, 2021 Filing 11 Mail Returned as Undeliverable. Mail sent to Pamela Lynn Cummings. Reason for return: Attempted Not Known, Unable to Forward. Document number 4, 5. (WLP)
August 25, 2021 Filing 10 NOTICE of Appearance by James Louis Ugalde on behalf of Catamount Properties 2018 LLC. (Ugalde, James)
August 23, 2021 Filing 9 Mail Returned as Undeliverable. Mail sent to Pamela Lynn Cummings. Reason for return: not delerable as addressed. Vacant. Document number 2, 3. (WLP)
August 19, 2021 Filing 8 SERVICE EXECUTED filed by Pamela Lynn Cummings: Proof of Service re: Summons and Complaint upon Law Office of Mark A Tucker PC on 8/19/2021. (WLP)
August 19, 2021 Filing 7 SERVICE EXECUTED filed by Pamela Lynn Cummings: Proof of Service re: Summons and Complaint upon Greg Sir on 8/19/2021. (WLP)
August 19, 2021 Filing 6 SERVICE EXECUTED filed by Pamela Lynn Cummings: Proof of Service re: Summons and Complaint upon Mark A Tucker on 8/19/2021. (WLP)
August 19, 2021 Summons Reissued as to Catamount Properties 2018 LLC, Evergreen Note Servicing per plaintiff's request at counter. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
August 18, 2021 Summons Issued as to All Defendants at counter and provided to plaintiff. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
August 17, 2021 Opinion or Order Filing 5 ORDER - IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on November 16, 2021. See document for complete details. Signed by Judge John J Tuchi on 8/17/2021. (WLP)
August 17, 2021 Opinion or Order Filing 4 ORDER - that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. See document for complete details. Signed by Judge John J Tuchi on 8/17/2021. (WLP)
August 17, 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. (BAS)
August 16, 2021 Filing 2 Filing fee paid, receipt number PHX231068. This case has been assigned to the Honorable John J. Tuchi. All future pleadings or documents should bear the correct case number: 2:21-cv-1409. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAS)
August 16, 2021 Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number PHX231068 filed by Pamela Lynn Cummings.(BAS)

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Plaintiff: Pamela Lynn Cummings
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Defendant: Mark A Tucker
Represented By: James Louis Ugalde
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Defendant: Greg Sir
Represented By: Andrew Abraham
Represented By: Ralph D Harris
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Defendant: Catamount Properties
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Defendant: Evergreen Note Servicing
Represented By: Nancy Kalafa Swift
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Defendant: Catamount Properties 2018 LLC
Represented By: James Louis Ugalde
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Defendant: Law Office of Mark A Tucker PC
Represented By: James Louis Ugalde
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