Ace Homes, LLC v. Talia Property Management & Investment Group LLC
| Ace Homes, LLC |
| Talia Property Management & Investment Group LLC |
| 1:2023cv00659 |
| February 13, 2023 |
| US District Court for the Northern District of Georgia |
| Walter E Johnson |
| Steve C Jones |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure |
| None |
Docket Report
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This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Letter to the DeKalb County Magistrate Court regarding the remand of this action to their court. (ddm) (Additional attachment(s) added on 4/13/2023: #1 Envelope Receipt from Dekalb County) (ddm). |
| Clerk's Certificate of Mailing as to Ace Homes, LLC, Talia Property Management & Investment Group LLC re #8 Letter, #7 Order. (ddm) |
Filing 7
ORDER overruling Defendant's objections to the Magistrate's report and recommendation, adopting, subject to the additions and qualifications set forth in this Order, the Magistrate's recommendation to remand this case. Doc. No. #4 . The Court thereby grants Defendant's motion to remand (Doc. No. [31) and orders this case be remanded to the Magistrate Court of Dekalb County. Signed by Judge Steve C. Jones on 04/12/2023. (ddm)
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| Civil Case Terminated. (ddm) |
| Submission of #6 Objections to Report and Recommendation, FINAL REPORT AND RECOMMENDATION re #3 MOTION to Remand to State Court filed by Ace Homes, LLC, to District Judge Steve C. Jones. (pdw) |
| Filing 6 OBJECTIONS to #4 Final Report and Recommendation filed by Talia Property Management & Investment Group LLC. (ddm) |
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Filing 5
ORDER for Service of #4 Final Report and Recommendation by Magistrate Judge Walter E. Johnson. 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 Walter E. Johnson on 3/2/23. (klb)
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| Filing 4 FINAL REPORT AND RECOMMENDATION re #1 Notice of Removal, filed by Talia Property Management & Investment Group LLC. Signed by Magistrate Judge Walter E. Johnson on 3/2/23. (klb) |
| Clerk's Certificate of Mailing as to Ace Homes, LLC and Talia Property Management & Investment Group LLC re #5 Order for Service of Final Report and Recommendation #4 FINAL REPORT AND RECOMMENDATION. (klb) |
| FINAL REPORT AND RECOMMENDATION re #3 MOTION to Remand to State Court filed by Ace Homes, LLC. Defendant has failed to demonstrate any lawful basis for removal of the action, and plaintiff Ace Homes, LLC, cannot be subjected to federal jurisdiction after having filed for eviction on state law grounds in state court. Accordingly, the undersigned RECOMMENDS that Plaintiff's Motion to Abstain and Remand #3 be DENIED AS MOOT, and this action be REMANDED to the Magistrate Court of DeKalb County pursuant to 28 U.S.C. 1447(c). The Clerk is DIRECTED to terminate the reference to the undersigned Magistrate Judge. Signed by Magistrate Judge Walter E. Johnson on 3/2/23. (klb) |
| Filing 3 MOTION to Remand to State Court with Brief In Support by Ace Homes, LLC. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Abstain and Remand, #2 Exhibit A- Consent Order, #3 Exhibit B- Writ of Possession, #4 Exhibit C- Order & Writ, #5 Exhibit D- Order Denying Motion for New Trial & 2 Writs, #6 Exhibit E- Order Dismissing Appeal & Writ)(York, Christopher) |
| Filing 2 ANSWER to #1 NOTICE OF REMOVAL ( Discovery ends on 7/13/2023.), COUNTERCLAIM against Ace Homes, LLC by Talia Property Management & Investment Group LLC. (originally filed on 9/28/2020 in DeKalb County Magistrate Court)(rlh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT. filed by Talia Property Management & Investment Group LLC. (Filing fee $ 402 receipt number 100001640) (Attachments: #1 Receipt, #2 Civil Cover Sheet)(rlh) 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: Ace Homes, LLC | |
| Represented By: | Christopher J. York |
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| Defendant: Talia Property Management & Investment Group LLC | |
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