Nguyen v. Bank of America Corporation et al
Plaintiff: Phoung T. Nguyen
Defendant: McCalla Raymer Leibert Pierce, LLC, NewRez LLC, Bank of America Corporation, Ditech Financial, LLC, The Federal National Mortgage Association and John Does 1-5
Case Number: 1:2021cv01220
Filed: March 25, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: William M Ray
Referring Judge: Catherine M Salinas
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1444
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2021 Civil Case Terminated. Magistrate Judge Catherine M. Salinas terminated from case. (jpk)
May 11, 2021 Clerk's Entry of Dismissal APPROVING #34 Notice of Voluntary Dismissal Without Prejudice pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (jpk)
May 7, 2021 Filing 34 NOTICE of Voluntary Dismissal of Plaintiff's Complaint without Prejudice filed by Phoung T. Nguyen (McConnell, T.)
May 7, 2021 Filing 33 NOTICE of Intention to File Voluntary Dismissal of Plaintiff's Complaint without Prejudice filed by Phoung T. Nguyen (McConnell, T.) Modified on 5/11/2021 to edit text (jpk).
May 3, 2021 Opinion or Order Filing 32 ORDER: Because a voluntary dismissal would moot all of the motions filed by the parties, see [Docs. #5 , #6 , #7 , #8 , #11 , #15 , #21 , #24 , #25 , #26 , #29 , #30 ], I ORDER Phoung T. Nguyen TO SUBMIT NO LATER THAN MAY 7, 2021, a filing stating whether she intends to exercise this option. Signed by Magistrate Judge Catherine M. Salinas on 5/3/2021. (cmd)
April 30, 2021 Submission of #5 MOTION to Stay Pretrial Deadlines and Discovery; #6 MOTION for Leave to File Excess Pages; #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; #11 MOTION to Dismiss; #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Magistrate Judge Catherine M. Salinas. (cmd)
April 29, 2021 Filing 31 CERTIFICATE OF SERVICE re #30 MOTION to Dismiss Amended Complaint filed by McCalla Raymer Leibert Pierce, LLC (Tate, William)
April 29, 2021 Filing 30 MOTION to Dismiss Amended Complaint with Brief In Support by McCalla Raymer Leibert Pierce, LLC. (Attachments: #1 Brief Memorandum)(Tate, William)
April 29, 2021 Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) by NewRez LLC, The Federal National Mortgage Association. (Attachments: #1 Brief)(Green, Jonathan)
April 29, 2021 Filing 28 NOTICE of Appearance by Jonathan Evan Green on behalf of NewRez LLC (Green, Jonathan)
April 29, 2021 Filing 27 RESPONSE in Opposition re #21 MOTION to Remand to State Court filed by Bank of America Corporation. (Rhadans, Allison)
April 29, 2021 Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (First Amended Complaint) with Brief In Support by Bank of America Corporation. (Attachments: #1 Brief)(Rhadans, Allison)
April 29, 2021 Filing 25 Renewed MOTION to Stay Pretrial Deadlines and Discover) with Brief In Support by Bank of America Corporation. (Attachments: #1 Brief, #2 Text of Proposed Order)(Rhadans, Allison) Modified on 4/30/2021 to edit text. (cmd)
April 29, 2021 Filing 24 MOTION for Leave to File Excess Pages by Bank of America Corporation. (Attachments: #1 Text of Proposed Order)(Rhadans, Allison)
April 20, 2021 Filing 23 STIPULATION (Joint) for Substitution of Counsel for Defendant by The Federal National Mortgage Association. (Green, Jonathan)
April 15, 2021 Filing 22 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #11 MOTION to Dismiss Plaintiff's Complaint filed by Phoung T. Nguyen. (McConnell, T.)
April 15, 2021 Filing 21 MOTION to Remand to State Court with Brief In Support by Phoung T. Nguyen. (McConnell, T.)
April 15, 2021 Filing 20 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Phoung T. Nguyen.(McConnell, T.) 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.
April 9, 2021 Filing 19 CERTIFICATE OF SERVICE Rule 5.4 by The Federal National Mortgage Association.(Green, Jonathan)
April 9, 2021 Filing 18 Certificate of Interested Persons by The Federal National Mortgage Association. (Green, Jonathan)
April 9, 2021 Filing 17 NOTICE by The Federal National Mortgage Association Notice of Joinder (Green, Jonathan)
April 9, 2021 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The Federal National Mortgage Association. (Attachments: #1 Brief)(Green, Jonathan)
April 2, 2021 Filing 15 NOTICE of Joinder by NewRez LLC re #5 MOTION to Stay Pretrial Deadlines and Discovery of Joinder (Anderson, Keith) Modified on 4/5/2021 to edit text. (aaq).
April 2, 2021 Filing 14 NOTICE of Joinder filed by McCalla Raymer Leibert Pierce, LLC re #5 MOTION to Stay Pretrial Deadlines and Discovery (Tate, William) Modified on 4/5/2021 to edit text. (aaq).
April 1, 2021 Filing 13 CERTIFICATE OF SERVICE re #12 Certificate of Interested Persons, #11 MOTION to Dismiss filed by McCalla Raymer Leibert Pierce, LLC (Tate, William)
April 1, 2021 Filing 12 Certificate of Interested Persons by McCalla Raymer Leibert Pierce, LLC. (Tate, William)
April 1, 2021 Filing 11 MOTION to Dismiss with Brief In Support by McCalla Raymer Leibert Pierce, LLC. (Attachments: #1 Brief Memorandum)(Tate, William)
April 1, 2021 Filing 10 NOTICE by Ditech Financial, LLC of Bankruptcy Filing and Imposition of Injunction (Attachments: #1 Exhibit A)(Anderson, Keith)
April 1, 2021 Filing 9 Certificate of Interested Persons by NewRez LLC. (Anderson, Keith)
April 1, 2021 Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by NewRez LLC. (Attachments: #1 Brief)(Anderson, Keith)
April 1, 2021 Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Bank of America Corporation. (Attachments: #1 Brief)(Rhadans, Allison)
April 1, 2021 Filing 6 MOTION for Leave to File Excess Pages by Bank of America Corporation. (Attachments: #1 Text of Proposed Order)(Rhadans, Allison) Modified on 4/2/2021 to edit text. (cmd)
April 1, 2021 Filing 5 MOTION to Stay Pretrial Deadlines and Discovery with Brief In Support by Bank of America Corporation. (Attachments: #1 Brief, #2 Text of Proposed Order)(Rhadans, Allison)
April 1, 2021 Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Bank of America Corporation identifying Other Affiliate Bank of America, N.A. for Bank of America Corporation. (Rhadans, Allison)
March 29, 2021 Opinion or Order Filing 3 ORDER OF RECUSAL. Judge Thomas W. Thrash, Jr. recused. Case reassigned to Judge William M. Ray, II for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-1220-WMR-CMS. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr. on 3/29/2021. (ah)
March 27, 2021 Opinion or Order Filing 2 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021.(rvb)
March 25, 2021 Filing 1 NOTICE OF REMOVAL with COMPLAINT, filed by Bank of America Corporation. (Filing fee $ 402 receipt number AGANDC-10852273) (Attachments: #1 Exhibit A, #2 Exhibit B-Consent to Removal, #3 Exhibit C-Consent to Removal, #4 Exhibit D-Consent to Removal, #5 Exhibit E- Consent to Removal, #6 Civil Cover Sheet)(rvb) 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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Defendant: McCalla Raymer Leibert Pierce, LLC
Represented By: William Oxford Tate
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Defendant: NewRez LLC
Represented By: Keith Steven Anderson
Represented By: Jonathan Evan Green
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Defendant: Bank of America Corporation
Represented By: Allison Giardina Rhadans
Represented By: Jarrod Sean Mendel
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Defendant: Ditech Financial, LLC
Represented By: Keith Steven Anderson
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Defendant: The Federal National Mortgage Association
Represented By: Jonathan Evan Green
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Defendant: John Does 1-5
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Plaintiff: Phoung T. Nguyen
Represented By: Jules Xavier Junker
Represented By: John Gregory Godsey
Represented By: T. Stephen McConnell
Represented By: Brian M. Dossena
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