Johnson v. Wells Fargo & Company et al
| Sui Juris Maxwell Johnson |
| Wells Fargo Bank N.A., Wells Fargo & Company and McCalla Raymer Leibert Pierce LLC |
| 1:2019cv04438 |
| October 2, 2019 |
| US District Court for the Northern District of Georgia |
| Justin S Anand |
| Thomas W Thrash |
| Truth in Lending |
| 15 U.S.C. ยง 1601 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 9
ORDER for Service of #8 Report and Recommendation by Magistrate Judge Justin S. Anand. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Justin S. Anand on 11/25/2019. (anc)
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| Filing 8 REPORT AND RECOMMENDATION that the #3 and #6 MOTIONS TO DISMISS FOR FAILURE TO STATE A CLAIM be DENIED as premature at this time. It is FURTHER RECOMMENDED, however, that this denial be without prejudice to re-filing upon the expiration of the time period for Plaintiff to serve under Rule 4(m). In the event that Plaintiff timely serves Defendant in accordance with Rule 4, the Defendant must file an answer or other response to the Plaintiff's Complaint within the time period required by the Federal Rules of Civil Procedure. In the event that Plaintiff fails to effect timely service in accordance with Rule 4, the Defendant shall be permitted to re-file a motion to dismiss on or before January 21, 2020. If the Court extends the time for Plaintiff to serve Defendant, then the Defendant shall be permitted to re-file a motion to dismiss within twenty-one (21) days after the deadline for service. Defendant may also re-file its motion to dismiss at any time, even prior to the expiration of the deadline to serve, if Defendant expressly waives the defenses of insufficiency of process or service of process. Plaintiff is advised that he must serve the Defendants with a copy of the summons and Complaint in accordance with the requirements of Rule 4, as explained above, by December 31, 2019. In the event that Plaintiff fails to effect proper service by that deadline, he is advised that this case may be subject to dismissal for insufficiency of service of process and lack of personal jurisdiction. Signed by Magistrate Judge Justin S. Anand on 11/25/2019. (anc) |
| Clerk's Certificate of Mailing as to Maxwell Johnson re #8 REPORT AND RECOMMENDATION and #9 Order for Service of Report and Recommendation (anc) |
| Filing 10 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law in Support filed by Maxwell Johnson. (anc) |
| Submission of #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law in Support and #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Magistrate Judge Justin S. Anand. (sap) |
| Clerk's Certificate of Mailing as to Maxwell Johnson re the NEF for 7 Order on Motion to Stay. (sap) |
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Filing 7
ORDER granting #4 Motion to Stay. Signed by Magistrate Judge Justin S. Anand on 11/15/2019. (JSA)
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| Clerk's Notation re #5 Certificate of Interested Persons: OK, per TWT. (cmd) |
| (SUBMISSION TERMINATED ON 11/18/2019) Submission of #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law in Support to District Judge Thomas W. Thrash Jr. (sap) Modified on 11/18/2019 (sap). |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by McCalla Raymer Leibert Pierce LLC. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Wright, Kimberly) |
| Filing 5 Certificate of Interested Persons by McCalla Raymer Leibert Pierce LLC. (Wright, Kimberly) |
| Filing 4 MOTION to Stay Discovery and Pretrial Deadlines with Brief In Support by McCalla Raymer Leibert Pierce LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Wright, Kimberly) |
| Clerk's Notation re #2 Certificate of Interested Persons: OK, per TWT. (cmd) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law in Support with Brief In Support by Wells Fargo & Company, Wells Fargo Bank N.A.. (Attachments: #1 Exhibit Note, #2 Exhibit Security Deed, #3 Exhibit Assignment, #4 Exhibit Notices, #5 Exhibit Settlement Statement)(Ebbs, Arthur) |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Wells Fargo & Company, Wells Fargo Bank N.A. identifying Corporate Parent Wells Fargo & Company (WFC) for Wells Fargo Bank N.A.. (Ebbs, Arthur) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Wells Fargo Bank N.A. and Wells Fargo & Company. (Filing fee $ 400.00 receipt number AGANDC-8976092) (Attachments: #1 Exhibit -State Court Pleadings, #2 Notice of Notice of Removal, #3 Notice of Removal to Plaintiff, #4 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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