Barrett v. Original Lender, MERS et al
Plaintiff: Wayne-Anthony Barrett
Defendant: Original Lender, MERS, Servicer, M&T BANK, Investor Trust M&T Trust, Et Al, McCalla Raymeir Leibert Pierce, LLC and Housing Urban Development
Case Number: 1:2022cv02321
Filed: June 10, 2022
Court: US District Court for the Northern District of Georgia
Presiding Judge: J Clay Fuller
Referring Judge: William M Ray
Nature of Suit: Real Property: Other
Cause of Action: 15 U.S.C. § 1601 Truth in Lending
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2022 Filing 20 RESPONSE re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wayne-Anthony Barrett. (tas)
August 2, 2022 Filing 19 Certificate of Interested Persons by Wayne-Anthony Barrett. (tas)
July 27, 2022 Opinion or Order Filing 17 ORDER DIRECTING Plaintiff to file his Certificate of Interested Persons no later than 8/5/2022. Plaintiff is advised that failure to follow the Court's orders may result in a recommendation to the district judge that the case be dismissed. The Clerk is directed to resubmit this matter to the undersigned upon expiration of the above date if Plaintiff fails to comply with this Order. Signed by Magistrate Judge J. Clay Fuller on 7/27/2022. (tas)
July 27, 2022 Clerk's Certificate of Mailing as to Wayne-Anthony Barrett re #17 Order. (tas)
July 26, 2022 Filing 16 RESPONSE re #15 Affidavit filed by Original Lender, MERS, Servicer, M&T BANK. (Friedman, Rachel)
July 25, 2022 Filing 18 AFFIDAVIT by Wayne-Anthony Barrett. (tas)
July 20, 2022 Filing 15 AFFIDAVIT of Bert Falls, Mortgage Fraud Examiner by Wayne-Anthony Barrett. (tas)
July 12, 2022 Submission of #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to Magistrate Judge J. Clay Fuller. (tas)
July 11, 2022 Filing 14 Certificate of Interested Persons by McCalla Raymeir Leibert Pierce, LLC. (Tate, William)
July 11, 2022 Filing 13 REPLY to Response to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Original Lender, MERS, Servicer, M&T BANK. (Friedman, Rachel)
July 11, 2022 Opinion or Order Filing 12 ORDER GRANTING Defendants' #10 Motion to Stay (See order for directives). Signed by Judge J. Clay Fuller, on 7/11/2022. (tas) Modified on 7/11/2022 to edit docket text(tas).
July 11, 2022 Clerk's Certificate of Mailing as to Wayne-Anthony Barrett re #12 Order on Motion to Stay. (tas)
July 8, 2022 Filing 11 NOTICE by McCalla Raymeir Leibert Pierce, LLC Consent to Removal (Tate, William)
July 8, 2022 Filing 10 MOTION to Stay by Defendants with Brief In Support by Original Lender, MERS, Servicer, M&T BANK. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Stay, #2 Text of Proposed Order Proposed Order)(Friedman, Rachel)
July 6, 2022 Submission of #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for Joinder, to Magistrate Judge J. Clay Fuller. (clk)
June 30, 2022 Filing 9 PLAINTIFF'S RESPONSE to Defendant's #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wayne-Anthony Barrett. (tas)
June 27, 2022 Filing 8 NOTICE Of Filing Affidavit of Fact Writ of Quo Warranto by Wayne-Anthony Barrett (tas)
June 27, 2022 Filing 7 NOTICE Of Filing Affidavit of Fact Adverse Claim of Title and Reversion of Ancestral Estate by Wayne-Anthony Barrett (tas)
June 27, 2022 Filing 6 NOTICE Of Filing Affidavit of Fact Memorandum of Trust by Wayne-Anthony Barrett (tas)
June 24, 2022 (Minute entry) Doc. 5 Construed as MOTION for Joinder of the #3 Motion to Dismiss for Failure to State a Claim by McCalla Raymeir Leibert Pierce, LLC. (clk)
June 24, 2022 Filing 5 NOTICE by McCalla Raymeir Leibert Pierce, LLC re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joinder with (Tate, William)
June 16, 2022 Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Original Lender, MERS, Servicer, M&T BANK identifying Corporate Parent M&T Bank Corporation for Servicer, M&T BANK; Corporate Parent MERSCORP, Holdings, Inc., Corporate Parent ICE Mortgage Services, LLC for Original Lender, MERS. (Friedman, Rachel)
June 16, 2022 Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Original Lender, MERS, Servicer, M&T BANK. (Attachments: #1 Brief, #2 Exhibit A - Note, #3 Exhibit B - Deed of Trust, #4 Exhibit C - Assignment)(Friedman, Rachel)
June 14, 2022 Filing 2 NOTICE to Pro Se Parties. Plaintiff is ADVISED that he must comply with the Federal Rules of Civil Procedure (FED. R. CIV. P.), as well as the Local Rules of the United States District Court for the Northern District of Georgia (LR NDGa.). A pro se plaintiff is REQUIRED to provide the Clerk with an original of any further pleadings or other papers filed with the Court after the complaint and is further REQUIRED to SERVE upon the defendant(s) or counsel for the defendant(s), by mail or by hand delivery under FED. R. CIV. P. 5, a copy of every additional pleading or other paper described in FED. R. CIV. P. 5. Plaintiff is also ADVISED that, under LR 7, NDGa., PLEADINGS ALLOWED; FORM OF MOTIONS, if the deadline for a response to a motion passes without a response being filed, the motion is deemed unopposed. Plaintiff is further REQUIRED to keep the Court advised of his current address at all times during the pendency of the lawsuit. Signed by Magistrate Judge J. Clay Fuller on 6/14/2022. (tas)
June 14, 2022 Clerk's Certificate of Mailing as to Wayne-Anthony Barrett re #2 Notice to Pro Se Parties. (tas)
June 10, 2022 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Original Lender, MERS, Servicer, M&T BANK. (Filing fee $ 402 receipt number AGANDC-11857654) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(jra) 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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Plaintiff: Wayne-Anthony Barrett
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Defendant: Original Lender, MERS
Represented By: Rachel Ross Friedman
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Defendant: Servicer, M&T BANK
Represented By: Rachel Ross Friedman
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Defendant: Investor Trust M&T Trust, Et Al
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Defendant: McCalla Raymeir Leibert Pierce, LLC
Represented By: William Oxford Tate
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Defendant: Housing Urban Development
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