McMechan v. Deutsche Bank National Trust Company et al
| Tori McMechan |
| Deutsche Bank National Trust Company and Public Trustee of Weld County, Colorado |
| 1:2023cv02953 |
| November 7, 2023 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| N Reid Neureiter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity |
| None |
Docket Report
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| Filing 21 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 23-cv-02953-GPG. (Text Only Entry) (schap, ) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Defendant Deutsche Bank National Trust Company All parties do not consent.. (Peck, Jeremy) |
Filing 19
MINUTE ORDER Defendant's Unopposed Motion for Extension of Time to Respond to Pro Se Plaintiffs Motion for Remand (Dkt. #18 ) is GRANTED. Defendant shall answer or otherwise respond to Plaintiffs Motion for Remand (Dkt. #14 ) on or before January 18, 2024. PLEASE READ ATTACHED MINUTE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 12/27/2023.(norlin, )
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Amend/Correct/Modify #13 MOTION to Remand to State Court MOTION to Remand by Defendant Deutsche Bank National Trust Company. (Attachments: #1 Proposed Order (PDF Only))(Peck, Jeremy) |
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Filing 17
MINUTE ORDER Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendants' Motion to Dismiss (Dkt. #15 ) is GRANTED. Plaintiffs shall respond to Defendants Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. #12 ) on or before January 16, 2024. PLEASE READ ATTACHED MINUTED ORDER. Entered by Magistrate Judge N. Reid Neureiter on 12/21/2023.(norlin, )
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| Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #15 MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Failure to State a Claim filed by Tori McMechan. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (norlin, ) |
| Filing 15 MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Failure to State a Claim by Plaintiff Tori McMechan. (McMechan, Tori) |
| Filing 14 MOTION to Amend/Correct/Modify #13 MOTION to Remand to State Court MOTION to Remand by Plaintiff Tori McMechan. (McMechan, Tori) |
| Filing 13 MOTION to Remand to State Court , MOTION to Remand by Plaintiff Tori McMechan. (McMechan, Tori) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by Defendant Deutsche Bank National Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Proposed Order (PDF Only))(Peck, Jeremy) |
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Filing 11
MINUTE ORDER Entered by Magistrate Judge N. Reid Neureiter on 11/28/2023. Defendant Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2006-6, Asset-Backed Certificates, Series 2006-6's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint and Motion for Injunctive Relief (Dkt. #10 ) is GRANTED as follows. Defendant shall have until December 8, 2023 to answer or otherwise respond to Plaintiff's Complaint for Declaratory and Injunctive Relief (Dkt. #6 ). Defendant also requests an extension of time to file a response to Plaintiffs Emergency Motion for Temporary Relief and Preliminary Injunction and to Cancel and Enjoin Public Trustee's Sale Scheduled for November 8, 2023 (Dkt. #6 -1). However, if Plaintiff intends to request injunctive relief from this Court, Plaintiff must re-file the motion and comply with the applicable Federal Rules of Civil Procedure and the Local Rules of Practice of the United States District Court for the District of Colorado - Civil. PLEASE READ ATTACHED MINUTE ORDER.(norlin, )
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| Filing 10 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Deutsche Bank National Trust Company. (Attachments: #1 Proposed Order (PDF Only))(Peck, Jeremy) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Deutsche Bank AG, Other Affiliate Deutsche Bank Trust Corporation, Other Affiliate DB USA Corporation for Deutsche Bank National Trust Company. (Peck, Jeremy) |
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Filing 8
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTINGDEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM By Magistrate Judge N. Reid Neureiter on 11/9/2023. Counsel shall comply with the First and Final Notice to All Attorney(s) and Unrepresented Parties in Removed, Transferred or Other Cases (Dkt. # 3 ) entered on November 7, 2023. On or before January 2, 2024, the parties shall complete and file the Consent/Non-Consent Form (see Dkt. #5 ), indicating either unanimous consent of the parties or that consent has been declined. Please note that this date may be earlier than the default deadlines contemplated by D.C.COLO.LCivR 40.1(c)(4). A Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: January 16, 2024 at 10:00 a.m. in Courtroom C-203, Second Floor, Byron G. Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado 80294. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. If this date is not convenient for any counsel/pro se party, he/she should confer with opposing counsel/pro se party and file a motion to reschedule the conference to a more convenient date. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a motion is filed no less than FIVE (5) business days in advance of the date of appearance. (order mailed to counsel as directed) (norlin, )
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| Filing 7 Exhibits in Support of #1 Complaint,, State Court Register of Actions by Defendant Long Beach Mortgage Loan Trust 2006-6. (Peck, Jeremy) |
| Filing 6 Exhibits in Support of #1 Complaint,, 2 Administrative Notice, Complaint and Jury Demand and all other filings filed in State Court Action by Defendant Long Beach Mortgage Loan Trust 2006-6. (Attachments: #1 All other filings in State Court Action - Part 1, #2 All other filings in State Court Action - Part 2, #3 All other filings in State Court Action - Part 3, #4 All other filings in State Court Action - Part 4, #5 All other filings in State Court Action - Part 5, #6 All other filings in State Court Action - Part 6, #7 Court Orders in State Court Action)(Peck, Jeremy) |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 4 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (efoga, ) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (efoga, ) |
| Filing 2 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). State court documents were not submitted. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry)(efoga, ) |
| Filing 1 NOTICE OF REMOVAL against Estate of James McMechan, deceased, Tori McMechan (Filing fee $ 402,Receipt Number ACODC-9384562)Attorney Jeremy David Peck added to party Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2006-6, Asset-Backed Certificates, Series 2006-6(pty:dft), filed by Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2006-6, Asset-Backed Certificates, Series 2006-6. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Peck, Jeremy) Modified on 11/8/2023 to fix document title (efoga, ). Modified on 11/8/2023 to fix typo. |
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