Estate of Diane Mendez et al v. Lakeview Loan Servicing, LLC et al
| Estate of Diane Mendez and Heir Jose Mendez |
| Lakeview Loan Servicing, LLC and LOGS Legal Group LLP |
| 1:2022cv04699 |
| November 29, 2022 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Real Property: Foreclosure |
| 28:l332 Diversity - Foreclosure |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
ORDER for Service of #9 Final 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 1/24/2023. (tmf)
|
|
Filing 9
FINAL REPORT AND RECOMMENDATION re #4 Complaint, filed by Jose Mendez, Estate of Diane Mendez. This case is subject to dismissal for failure to obey a court order. More importantly, the undersigned finds that the action must be dismissed because the Court lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.). Thus, it is RECOMMENDED that this case be DISMISSED. As this is a Final Report and Recommendation, there is nothing further in this action pending before the undersigned. Accordingly, the Clerk is DIRECTED to terminate the reference of this matter to the undersigned. Signed by Magistrate Judge Justin S. Anand on 1/24/2023. (tmf)
|
| Clerk's Certificate of Mailing as to Estate of Diane Mendez, Jose Mendez re #9 FINAL REPORT AND RECOMMENDATION re #4 Complaint, filed by Jose Mendez, Estate of Diane Mendez, #10 Order for Service of Report and Recommendation,. (tmf) |
| Submission of #8 Order to Show Cause to Magistrate Judge Justin S. Anand. (lme) |
|
Filing 8
ORDER TO SHOW CAUSE: Within fourteen (14) days, Plaintiffs are ORDERED to SHOW CAUSE why subject matter jurisdiction exists. If they do show such cause, Plaintiffs are further ORDERED to amend the factual allegations in the Complaint to show a non-conclusory and plausible basis for wrongful foreclosure, fraud, or any other purported claim. Signed by Magistrate Judge Justin S. Anand on 1/4/2023. (tmf)
|
| Clerk's Certificate of Mailing as to Estate of Diane Mendez, Jose Mendez re #8 Order to Show Cause,. (tmf) |
|
Filing 7
ORDER: it is hereby ORDERED that Plaintiffs' Motion for Preliminary Injunction [Doc. #5 ] is DENIED. Because the crux of Plaintiffs' lawsuit is contesting what is alleged to be a wrongful foreclosure, the Clerk is DIRECTED to refer this action to the next available Magistrate Judge pursuant to Standing Order 18-01 and standard assignment procedures. Signed by Judge Mark H. Cohen on 12/28/2022. (tmf)
|
| CASE REFERRED to Magistrate Judge Justin S. Anand. (tmf) |
| Clerk's Certificate of Mailing as to Estate of Diane Mendez, Jose Mendez re #7 Order on Motion for Preliminary Injunction,. (tmf) |
| Submission of #7 Order on Motion for Preliminary Injunction,, to Magistrate Judge Justin S. Anand. (tmf) |
|
Filing 6
ORDER GRANTING In Forma Pauperis. The Clerk is DIRECTED to submit this matter to the District Court for a frivolity determination under 28 U.S.C. 1915(e)(2). Signed by Magistrate Judge Justin S. Anand on 12/21/2022. (tmf)
|
| Filing 5 (construed by clerk) MOTION for Preliminary Injunction by Estate of Diane Mendez, Jose Mendez. (tmf) |
| Filing 4 COMPLAINT filed by Estate of Diane Mendez, Jose Mendez. (Attachments: #1 Civil Cover Sheet)(tmf) 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. |
| Submission of #5 MOTION for Preliminary Injunction, #4 Complaint, #6 Order ruling on IFP, to District Judge Mark H. Cohen. (tmf) |
| Clerk's Certificate of Mailing as to Estate of Diane Mendez, Jose Mendez re #6 Order ruling on IFP. (tmf) |
| Filing 3 APPLICATION for Leave to Proceed in forma pauperis by Estate of Diane Mendez. (tmf) |
| Submission of #3 APPLICATION for Leave to Proceed in forma pauperis, #2 Order, to Magistrate Judge Justin S. Anand. (tmf) |
|
Filing 2
ORDER: Plaintiff Jose Mendez Jr. (Mr. Mendez), proceeding pro se, filed an Application to Proceed in District Court without Prepaying Fees or Costs #1 (Application). Based on the Application, Mr. Mendez appears to have very limited financial resources; however, he is not the only plaintiff in this casethe Estate of Diane Mendez (the Estate) is also a plaintiff. The Application contains no information about the Estates resources. Without such information, the Court cannot evaluate Plaintiffs capacity to incur the costs of this action. Accordingly, the Estate is ORDERED to file Application to Proceed in District Court without Prepaying Fees or Costs by December 26, 2022. Plaintiffs are advised that if the Estate fails to do so, Mr. Mendezs Application may be denied, or this action may be dismissed based on the Estates failure to comply with an Order of the Court. Signed by Magistrate Judge Justin S. Anand on 12/9/2022. (tmf)
|
| Clerk's Certificate of Mailing as to Estate of Diane Mendez, Jose Mendez re #2 Order,,,, Set Submission Deadline,,,. (tmf) |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Estate of Diane Mendez, Jose Mendez. (Attachments: #1 Affidavit of Facts, #2 Proposed Preliminary Injunction Order, #3 Civil Cover Sheet)(tmf) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Justin S. Anand. (tmf) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
