Cummings v. Tucker et al
| Pamela Lynn Cummings |
| Mark A Tucker, Greg Sir, Catamount Properties, Evergreen Note Servicing, Catamount Properties 2018 LLC and Law Office of Mark A Tucker PC |
| 2:2021cv01409 |
| August 16, 2021 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Real Property: Foreclosure |
| Plaintiff |
Docket Report
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| Filing 31 SERVICE EXECUTED: Certified Mail Receipt upon Catamount Properties 2018 LLC. (DXD) |
| Filing 30 REPLY to Response to Motion re: #12 MOTION to Dismiss for Failure to State a Claim filed by Greg Sir. (Harris, Ralph) |
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)
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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)
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| Filing 27 NOTICE of Appearance by Nancy Kalafa Swift on behalf of Evergreen Note Servicing. (Swift, Nancy) |
| Filing 26 RESPONSE in Opposition re: #12 MOTION to Dismiss for Failure to State a Claim filed by Pamela Lynn Cummings. (9 pages)(ESG) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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) |
| 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) |
| 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) |
| Filing 18 DECLARATION of Certification of (Attempted) Conferral re: #4 Order by Defendant Greg Sir. (Harris, Ralph) |
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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)
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| Filing 16 MOTION to Consolidate Cases by Pamela Lynn Cummings. (Associated Cases: CV-21-01409-PHX-JJT, CV-21-01539-PHX-DWL) (DXD) |
| Filing 15 MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Pamela Lynn Cummings. (DXD) |
| Filing 14 NOTICE OF PARTY'S CHANGE OF ADDRESS by Pamela Lynn Cummings: 10940 Parallel Parkway #197, Kansas City, KS 66109. (LAD) (1 page) |
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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)
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| 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). |
| 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) |
| Filing 10 NOTICE of Appearance by James Louis Ugalde on behalf of Catamount Properties 2018 LLC. (Ugalde, James) |
| 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) |
| 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) |
| Filing 7 SERVICE EXECUTED filed by Pamela Lynn Cummings: Proof of Service re: Summons and Complaint upon Greg Sir on 8/19/2021. (WLP) |
| 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) |
| 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. |
| 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. |
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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)
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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)
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| 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) |
| 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) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number PHX231068 filed by Pamela Lynn Cummings.(BAS) |
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