Sheely v. New Rez, LLC et al
Plaintiff: Anthony Sheely, Jr.
Defendant: The Bank of New York Mellon, New Rez, LLC doing business as Shellpoint Mortgage Servicing, The Bank of New York As Trustee for the Certificate Holders of CWALT, Inc. Alternative Loan Trust, and Logs Legal Group, LLP
Case Number: 1:2023cv04044
Filed: September 11, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: Timothy C Batten
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1444 Petition for Removal- Foreclosure
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2023 Filing 19 MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Logs Legal Group, LLP. (Attachments: #1 Brief)(Khashan, Kathlyn)
November 8, 2023 Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by New Rez, LLC, The Bank of New York Mellon. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B)(Anderson, Keith)
November 6, 2023 Submission of #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Timothy C. Batten Sr.. (dmb)
October 25, 2023 Filing 17 AMENDED COMPLAINT against Logs Legal Group, LLP, New Rez, LLC, The Bank of New York Mellonwith Jury Demand filed by Anthony Sheely, Jr..(dmb) 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.
October 3, 2023 Clerk's Certificate of Mailing as to Anthony Sheely, Jr. re #16 Order on Motion for Extension of Time. (dmb)
October 2, 2023 Opinion or Order Filing 16 ORDER granting #14 MOTION for Extension of Time to Respond to re: #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Sheely shall receive an additional 30 days to file a response to the Motion to Dismiss. Signed by Judge Timothy C. Batten, Sr. on 10/2/2023. (dmb)
October 2, 2023 Filing 15 RESPONSE re #14 MOTION for Extension of Time to Respond to re: #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Rez, LLC, The Bank of New York Mellon. (Anderson, Keith)
September 28, 2023 Filing 14 MOTION for Extension of Time to Respond to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Anthony Sheely, Jr.. (dmb)
September 28, 2023 Filing 13 Return of Service Executed by Anthony Sheely, Jr.. Logs Legal Group, LLP served on 9/26/2023, answer due 10/17/2023; New Rez, LLC served on 9/25/2023, answer due 10/16/2023. (dmb)
September 22, 2023 Filing 12 Summons Issued as to The Bank of New York Mellon. (dmb)
September 22, 2023 Filing 11 Summons Issued as to New Rez, LLC. (dmb)
September 22, 2023 Filing 10 Summons Issued as to Logs Legal Group, LLP. (dmb)
September 19, 2023 Opinion or Order Filing 9 ORDER granting #7 Motion to Stay. Discovery in this case shall be stayed pending the Court's order on Defendants' #5 Motion to Dismiss. Signed by Judge Timothy C. Batten, Sr. on 9/19/2023. (dmb)
September 19, 2023 Clerk's Certificate of Mailing as to Anthony Sheely, Jr. re #9 Order on Motion to Stay. (dmb)
September 18, 2023 Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Logs Legal Group, LLP. (Attachments: #1 Brief)(Khashan, Kathlyn)
September 18, 2023 Filing 7 MOTION to Stay Discovery and Pre-Trial Deadlines with Brief In Support by New Rez, LLC, The Bank of New York Mellon. (Attachments: #1 Brief, #2 Text of Proposed Order)(Anderson, Keith)
September 18, 2023 Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by New Rez, LLC, The Bank of New York Mellon identifying Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon; Corporate Parent Rithm Capital Corp., f/k/a New Residential Investment Corp. for New Rez, LLC. (Anderson, Keith)
September 18, 2023 Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by New Rez, LLC, The Bank of New York Mellon. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B)(Anderson, Keith)
September 18, 2023 Clerk's Notation re #6 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw)
September 11, 2023 Opinion or Order Filing 4 ORDER denying as moot #2 Motion for TRO; denying as moot #2 Motion for Preliminary Injunction. Signed by Judge Timothy C. Batten, Sr. on 09/11/2023. (jkb)
September 11, 2023 Filing 3 RESPONSE re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by New Rez, LLC, The Bank of New York Mellon. (Anderson, Keith)
September 11, 2023 Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Anthony Sheely, Jr. (jkb)
September 11, 2023 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by The Bank of New York Mellon, New Rez, LLC. (Filing fee $ 402 receipt number AGANDC-12874151) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(jkb) 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.
September 11, 2023 Clerk's Certificate of Mailing as to Anthony Sheely, Jr. re #4 Order on Motion for TRO, Order on Motion for Preliminary Injunction. (jkb)
September 11, 2023 Submission of #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, to District Judge Timothy C. Batten Sr. (jkb)

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Defendant: The Bank of New York Mellon
Represented By: Keith Steven Anderson
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Defendant: New Rez, LLC doing business as Shellpoint Mortgage Servicing
Represented By: Keith Steven Anderson
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Defendant: The Bank of New York As Trustee for the Certificate Holders of CWALT, Inc. Alternative Loan Trust,
Represented By: Keith Steven Anderson
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Defendant: Logs Legal Group, LLP
Represented By: Kathlyn Khashan
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Plaintiff: Anthony Sheely, Jr.
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