Nelson v. PennyMac Loan Services, LLC et al
| Charles L. Nelson |
| PennyMac Loan Services, LLC and Victor Warren Properties, Inc. |
| 1:2023cv05902 |
| December 21, 2023 |
| US District Court for the Northern District of Georgia |
| Victoria M Calvert |
| Walter E Johnson |
| Amy Totenberg |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure |
| None |
Docket Report
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| Document Text |
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| Filing 10 MOTION to Strike Answer as Unresponsive with Brief In Support by Charles L. Nelson. (Attachments: #1 Memorandum in Support)(dnb) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by PennyMac Loan Services, LLC. (Attachments: #1 Exhibit A - Security Deed, #2 Exhibit B - Promissory Note, #3 Exhibit C - Assignment of Security Deed, #4 Exhibit D - Foreclosure Advertisement, #5 Exhibit E - Deed Under Power)(Ebbs, Arthur) |
Filing 8
ORDER - Because the revised Amended Complaint #6 is dramatically different from the pleading upon which PennyMac based its pending Motion to Dismiss #5 , the Court DENIES that Motion AS MOOT. Likewise, because plaintiff may amend his claims as a matter of right under the circumstances, he need not ask the Court's permission to include VWP as a defendant in his revised pleading. Accordingly, the Court also DENIES AS MOOT plaintiff's Motion for Joinder #7 . Signed by Magistrate Judge Walter E. Johnson on 1/30/24. (klb)
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| Clerk's Certificate of Mailing as to Charles L. Nelson re #8 Order. (klb) |
| Filing 7 MOTION for Joinder of Necessary Party by Charles L. Nelson. (Attachments: #1 Certificate of Service)(dnb) |
| Filing 6 AMENDED COMPLAINT Due to Jurisdictional Change and Response to #5 against PennyMac Loan Services, LLC, Victor Warren Properties, Inc. filed by Charles L. Nelson (Attachments: #1 Exhibit A, #2 Exhibit A Continued)(dnb) 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. |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by PennyMac Loan Services, LLC. (Attachments: #1 Exhibit A - Security Deed, #2 Errata B - Assignment, #3 Exhibit C - Foreclosure Advertisement, #4 Exhibit D - Deed Under Power)(Campbell, Elizabeth) |
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge Victoria M. Calvert for all further proceedings. Judge Amy Totenberg no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:23-cv-5902-VMC-WEJ. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Amy Totenberg on 1/5/2024. (dob)
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| Clerk's Certificate of Mailing as to Charles L. Nelson re #4 Order Reassigning Case,. (dob) |
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Filing 3
ORDER granting #2 Motion for Extension of Time to File Answer re #1 Notice of Removal. PennyMac Loan Services, LLC Answer due 1/11/2024. Signed by Magistrate Judge Walter E. Johnson on 12/27/23. (klb)
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| Filing 2 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal, with Brief In Support by PennyMac Loan Services, LLC. (Attachments: #1 Text of Proposed Order)(Ebbs, Arthur) |
| Clerk's Certificate of Mailing as to Charles L. Nelson re #3 Order on Motion for Extension of Time to Answer. (klb) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by PennyMac Loan Services, LLC. (Filing fee $ 405 receipt number AGANDC-13114425) (Attachments: #1 Exhibit A- Superior Court of DeKalb County Pleadings, #2 Notice of Notice of Removal, #3 Civil Cover Sheet)(dgr) 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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