Bennie Hearst Pettway v. Lima One Capital LLC, et al
| BENNIE R. HEARST PETTWAY |
| LIMA ONE CAPITAL LLC, HOF I REO 5 INC., KEVIN HOLLIDAY, Operations Director, PHILADELPHIA SHERIFFS OFFICE, ROCHELLE BILAL, Sheriff, Et Alia, ROBIN ROBINSON, Deputy Sheriff, SINGLE SOURCE PROPERTY SOLUTIONS LLC, ANDRE LACOUTURE, President, AMERICAN DESTINY REAL ESTATE SERVICE LLC, EDWARD LEVIN, Owner, AMERICAN HOME TITLE INSURANCE AGENCY INC, PHILADELPHIA POLICE DEPARTMENT, IAD, KEVIN BETHEL, Deputy Commissioner, Commissioner, RODNEY BURRELL, Broker (Georgia) and JEFF TENNYSON, Chief Executive Officer |
| 25-1907 |
| May 8, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Foreclosure |
Docket Report
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| Filing 13 MANDATE ISSUED. (SB) [Entered: 10/02/2025 09:09 AM] |
Filing 12
ORDER (BIBAS, PORTER and MONTGOMERY-REEVES, Circuit Judges) The foregoing appeal is taken from the District Courts April 14, 2025 order denying Appellants post-judgment motions. Because the appeal fails to present a substantial question, the District Courts April 14, 2025 order is summarily affirmed. See 3d Cir. L.A.R. 27.4 & I.O.P. 10.6. Specifically, the District Court lacked jurisdiction to consider Appellants post-judgment motions, which presented issues that were not collateral to the remand order, and which were filed after the District Court transmitted certified copies of its remand order to the state court. See Agostini v. Piper Aircraft Corp., 729 F.3d 350, 353, 355 (3d Cir. 2013). To the extent that Appellant also seeks review of the District Courts April 2, 2025 order remanding the cases to the state court from which they were removed, the appeal is dismissed in part for lack of appellate jurisdiction. Pursuant to 28 U.S.C. 1447(d), [a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise. The District Court remanded the cases for lack of subject-matter jurisdiction. This type of routine jurisdictional determination falls within the ambit of 1447(d)s prohibition of appellate review. See Feidt v. Owens Corning Fiberglas Corp., 153 F.3d 124, 128 (3d Cir. 1998).. Panel ID: ALD-208 Judge: MONTGOMERY-REEVES Authoring (SB) [Entered: 09/10/2025 03:04 PM]
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| Filing 11 LEGAL DIVISION LETTER SENT advising that the case will be submitted to a panel of this Court for possible summary action. (ZM) [Entered: 08/01/2025 03:29 PM] |
| Filing 10 Objection to Possible Dismissal due to Jurisdictional Deffect. [ # 4 ]. Certificate of Service dated 06/07/2025. Service made by Email. (SB) [Entered: 06/09/2025 09:45 AM] |
| Filing 9 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellees Lima One Capital LLC, HOF I REO 5 Inc. and Kevin Holliday. [25-1907] (MJS) [Entered: 05/28/2025 02:45 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Michael J. Shavel on behalf of Appellee(s) Lima One Capital LLC., HOF I REO 5 Inc., Kevin W. Holliday. [25-1907] (MJS) [Entered: 05/28/2025 02:43 PM] |
| Filing 7 FOLLOW UP LETTER to Attorney Michael J. Shavel, Esq. for Appellee HOF I REO 5 Inc. requesting the following document(s): Appearance Form on or before 06/10/2025. Disclosure Statement on or before 06/10/2025. (SB) [Entered: 05/27/2025 03:07 PM] |
| Filing 6 Certified copy of duplicate notice of appeal filed in the district court on 05/21/2025 received from Clerk of District Court. (SB) [Entered: 05/27/2025 03:01 PM] |
| Filing 5 Notice received from the district court that the docketing and filing fees were paid by the appellant on 05/21/2025. (SB) [Entered: 05/27/2025 02:59 PM] |
| Filing 4 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (NF) [Entered: 05/09/2025 05:02 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 05/08/2025 03:54 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 05/08/2025 03:51 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Bennie R. Hearst Pettway in District Court No. 2:25-cv-00293. (SB) [Entered: 05/08/2025 03:48 PM] |
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