Bivins v. Nationstar Mortgage, LLC et al
| Bivins and Fannie McCord Bivins |
| Nationstar Mortgage, LLC and S&A Palm, LLC |
| 1:2016cv00302 |
| February 1, 2016 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| De Kalb |
| William S Duffey |
| Real Property: Foreclosure |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| None |
Docket Report
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This docket was last retrieved on July 19, 2016. A more recent docket listing may be available from PACER.
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Filing 34
Letter to the Superior Court of DeKalb County regarding the remand of all state law claims to their court. (ddm)
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Clerks Certificate of Mailing to the Superior Court of DeKalb County re #34 Letter, #31 Order. (ddm)
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Filing 33
ANSWER to #1 NOTICE OF REMOVAL , Plaintiff's Complaint by Nationstar Mortgage, LLC. (Attachments: #1 Exhibit A - Opinion and Order)(Anulewicz, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 32
CLERK'S JUDGMENT in favor of Defendants against Plaintiff. (dfb) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
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Filing 31
OPINION and ORDER. Plaintiff's #20 Motion in Opposition of Defendant Nationstar Mortgage, LLC [sic] Notice of Removal, which the Court construed as a Motion to Remand, is DENIED. Nationstar Mortgage, LLC's #8 Motion to Dismiss and S&A Palm, LLC's #12 Motion to Dismiss, which the Court construed as a Motion for Judgment on the Pleadings, are GRANTED with respect to Plaintiff's claims for violation of the Fair Debt Collection Practices Act and the Real Estate Settlement Procedures Act. Plaintiff's #28 Motion for Leave to File an Amended Complaint is DENIED with respect to Plaintiff's claims for violation of the Fair Debt Collection Practices Act and Real Estate Settlement Procedures Act. This action, including all claims based on state law, is REMANDED to the Superior Court of DeKalb County, Georgia. Signed by Judge William S. Duffey, Jr. on 7/14/2016.(dfb)
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Civil Case Terminated. (dfb)
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Submission of #28 First MOTION to Amend COMPLAINT, submitted to District Judge William S. Duffey. (ddm)
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Filing 30
RESPONSE in Opposition re #28 First MOTION to Amend COMPLAINT filed by S&A Palm, LLC. (Wright, Sidney)
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Filing 29
RESPONSE re #28 First MOTION to Amend COMPLAINT filed by Nationstar Mortgage, LLC. (Anulewicz, Christopher)
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Filing 28
First MOTION to Amend COMPLAINT by Fannie McCord Bivins. (Stephenson, Pamela)
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Filing 27
ORDER granting #9 and #13 Motions to Stay Discovery Deadlines. The Parties shall have up to and including the twenty-first (21st) day after the Court enters its order on Nationstar's Motion to Dismiss in which to conduct the Rule 26(f) conference, to file their Preliminary Report and Discovery Plan, and to begin discovery. Signed by Judge William S. Duffey, Jr on 5/27/2016. (anc)
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Submission of #8 MOTION to Dismiss , submitted to District Judge William S. Duffey. (anc)
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Filing 26
RESPONSE re #20 Response in Opposition to #1 Notice of Removal filed by Nationstar Mortgage, LLC. (Anulewicz, Christopher) Modified on 5/3/2016 in order to update docket text (anc).
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Filing 25
REPLY BRIEF re #8 MOTION to Dismiss filed by Nationstar Mortgage, LLC. (Anulewicz, Christopher)
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Filing 24
Notice for Leave of Absence for the following date(s): June 3 through June 5, 2016; and July 30 through August 6, 2016, by Christopher Scott Anulewicz. (Anulewicz, Christopher)
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Submission of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge William S. Duffey. (anc)
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Filing 23
REPLY BRIEF re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by S&A Palm, LLC. (Wright, Sidney)
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Filing 22
RESPONSE in Opposition re #8 MOTION to Dismiss filed by Fannie McCord Bivins. (Attachments: #1 Exhibit Exhibit 1, Check, #2 Exhibit Exhibit 2, Dismissal, #3 Exhibit Exhibit 3, Class Action Settlement)(Stephenson, Pamela)
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Filing 21
RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fannie McCord Bivins. (Stephenson, Pamela)
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Filing 20
RESPONSE in Opposition to #1 Notice of Removal filed by Fannie McCord Bivins. (Attachments: #1 Exhibit AFFIDAVIT OF PROCESS SERVER)(Stephenson, Pamela) Modified on 4/14/2016 in order to accurately reflect title of pleading (anc). Construed as a Motion to Remand to State Court - Modified on 7/15/2016. (dfb)
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ORDER (by docket entry only) granting #19 Motion for Extension of Time, through and including April 12, 2016, to respond to the Defendants pending Motions, Answers, and Counterclaims. Ordered by Judge William S. Duffey, Jr on 4/12/16. (hfm)
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Filing 19
Second MOTION for Extension of Time File Response re: #15 MOTION for Extension of Time File Reponse, etc. re: #7 Corporate Disclosure Statement, #8 MOTION to Dismiss , #4 Answer to Complaint (Notice of Removal), Counterclaim, #11 Amended Answer to Complaint, Counterclaim, #5 Answer to Count by Fannie McCord Bivins. (Stephenson, Pamela)
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Filing 18
CERTIFICATE OF INTERESTED PERSONS by Fannie McCord Bivins (Stephenson, Pamela) Modified on 4/11/2016 in order to accurately reflect e-filed pleading (anc).
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Filing 17
RESPONSE re #15 MOTION for Extension of Time File Reponse, etc. re: #7 Corporate Disclosure Statement, #8 MOTION to Dismiss , #4 Answer to Complaint (Notice of Removal), Counterclaim, #11 Amended Answer to Complaint, Counterclaim, #5 Answer to Count filed by Nationstar Mortgage, LLC. (Anulewicz, Christopher)
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Filing 16
RESPONSE re #15 MOTION for Extension of Time File Reponse, etc. re: #7 Corporate Disclosure Statement, #8 MOTION to Dismiss , #4 Answer to Complaint (Notice of Removal), Counterclaim, #11 Amended Answer to Complaint, Counterclaim, #5 Answer to Count filed by S&A Palm, LLC. (Wright, Sidney)
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ORDER (by docket entry only) granting #15 Motion for Extension of Time, through and including Monday, April 11, 2016 to file Responses. Ordered by Judge William S. Duffey, Jr on 4/7/16. (hfm)
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Filing 15
MOTION for Extension of Time File Reponse, etc. re: #7 Corporate Disclosure Statement, #8 MOTION to Dismiss , #4 Answer to Complaint (Notice of Removal), Counterclaim, #11 Amended Answer to Complaint, Counterclaim, #5 Answer to Counterclaim, #6 Certificate of Interested Persons, #10 Response in Opposition to Motion, #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Fannie McCord Bivins. (Stephenson, Pamela)
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Submission of #13 MOTION for Extension of Time to Complete Discovery , submitted to District Judge William S. Duffey. (anc)
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Submission of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge William S. Duffey. (anc)
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Submission of #2 MOTION for Temporary Restraining Order, #9 MOTION to Stay All Discovery Deadlines, #8 MOTION to Dismiss , submitted to District Judge William S. Duffey. (anc)
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Submission of #3 MOTION to Amend, submitted to District Judge William S. Duffey. (anc)
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Filing 14
Notice for Leave of Absence for the following date(s): March 24 through March 28, 2016, by Christopher Scott Anulewicz. (Anulewicz, Christopher)
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Filing 13
MOTION for Extension of Time to Complete Discovery by S&A Palm, LLC. (Wright, Sidney)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by S&A Palm, LLC. (Attachments: #1 Brief)(Wright, Sidney) Construed as a Motion for Judgment on the Pleadings - modified on 7/15/2016. (dfb)
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Filing 11
AMENDED ANSWER to #4 Answer to Complaint (Notice of Removal), Counterclaim , COUNTERCLAIM against Fannie McCord Bivins by S&A Palm, LLC. (Wright, Sidney)
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NOTICE FROM THE COURT (by docket entry only): Parties are advised to go to the district courts website at #www.gand.uscourts.gov/case-prep-judge-duffey. Here, the Court has provided its Standing Order Regarding Civil Litigants. The Parties shall abide by this Standing Order throughout the processing of this case. Parties are instructed to pay particular attention to the requirements for Motions for Summary Judgment. (hfm)
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Filing 10
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by Nationstar Mortgage, LLC. (Attachments: #1 Exhibit A)(Anulewicz, Christopher)
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Filing 9
MOTION to Stay All Discovery Deadlines by Nationstar Mortgage, LLC. (Attachments: #1 Text of Proposed Order)(Anulewicz, Christopher)
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Filing 8
MOTION to Dismiss with Brief In Support by Nationstar Mortgage, LLC. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Anulewicz, Christopher)
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Filing 7
Corporate Disclosure Statement by S&A Palm, LLC identifying Corporate Parent S&A Palm, LLC for S&A Palm, LLC by S&A Palm, LLC.(Wright, Sidney)
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Filing 6
Certificate of Interested Persons and Corporate Disclosure Statement by Nationstar Mortgage, LLC identifying Corporate Parent Nationstar Sub2 LLC, Corporate Parent Nationstar Mortgage Holdings, Inc., Corporate Parent Nationstar Sub1 LLC for Nationstar Mortgage, LLC. (anc)
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Filing 5
ANSWER to #4 Counterclaim by Fannie McCord Bivins.(anc) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 4
ANSWER to #1 NOTICE OF REMOVAL ( Discovery ends on 6/30/2016.), COUNTERCLAIM against Fannie McCord Bivins by S&A Palm, LLC.(anc) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 3
MOTION to Amend Complaint by Fannie McCord Bivins. (anc) Based on State Court Case Number and Parties in Caption of this document, this document is not intended for this case and should not be filed in this case. Modified on 7/13/2016 (bgt).
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Filing 2
MOTION for Temporary Restraining Order by Fannie McCord Bivins. (anc)
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Filing 1
NOTICE OF REMOVAL with COMPLAINT AND TRO REQUEST, filed by Nationstar Mortgage, LLC.. (Filing fee $ 400 receipt number 113E-6265010) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(anc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.
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