Fisher v. Everett Financial, INC. et al
| Paula Caroline Fisher |
| Everett Financial, INC. doing business as Supreme Lending, Alliant Credit Union and Cenlar FSB |
| 1:2023cv05959 |
| December 26, 2023 |
| US District Court for the Northern District of Georgia |
| Victoria M Calvert |
| Real Property: Foreclosure |
| 28:l332 Diversity - Foreclosure |
| None |
Docket Report
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This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #11 MOTION to Enforce Settlement Agreement MOTION for Preliminary Injunction, to District Judge Victoria M. Calvert. (vs) |
| Filing 11 EMERGENCY MOTION to Enforce Settlement Agreement and MOTION for Preliminary Injunction (Styled as Request for Injunctive Relief) by Paula Caroline Fisher. (jbu) |
| Filing 10 AMENDED COMPLAINT against Alliant Credit Union, Cenlar FSB filed by Paula Caroline Fisher. (Originally filed in 1:23-CV-05958). (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 9
ORDER. Plaintiff's Motions for Preliminary Injunction (No. 1:23-cv-05958, #3 and No. 1:23-cv-05959, #3 ) are DENIED. IT IS FURTHER ORDERED that the above-captioned actions will be CONSOLIDATED for all further proceedings. The Clerk is directed to ADMINISTRATIVELY CLOSE Case No. 1:23-CV-05958. The Clerk is also directed to file the Complaint in Case No. 1:23-CV-05958 as an Amended Complaint in Case No. 1:23-CV-05959 so that the Court may consider each claim raised in that document in the consolidated action. Signed by Judge Victoria M. Calvert on 1/12/2024. Associated Cases: 1:23-cv-05959-VMC, 1:23-cv-05958-VMC(dnb)
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| Clerk's Certificate of Mailing as to Paula Caroline Fisher, Paula Caroline Fisher re ( #9 in 1:23-cv-05959-VMC, #7 in 1:23-cv-05958-VMC) Order. Associated Cases: 1:23-cv-05959-VMC, 1:23-cv-05958-VMC(dnb) |
| Filing 12 Minute Entry for proceedings held before Judge Victoria M. Calvert: TRO hearing held on 1/10/2024. Court denied Plaintiff's motion for TRO. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Wynette Blathers)(vs) |
| Filing 8 RESPONSE re #5 Notice (Other) In Opposition to Plaintiff's Brief in Support of TRO filed by Everett Financial, INC.. (Attachments: #1 Affidavit Affidavit of Annel Sanchez, #2 Exhibit A - Deed, #3 Exhibit B - Note, #4 Exhibit C - Security Deed, #5 Exhibit D - Assignment, #6 Exhibit E - Pay History, #7 Exhibit F - Notice of Non-Renewal, #8 Exhibit G - Policy, #9 Exhibit H - January Response, #10 Exhibit I - February Response, #11 Exhibit J - March Response, #12 Exhibit K - Communication, #13 Exhibit L - Additional Claims, #14 Exhibit M - Disbursements, #15 Exhibit N - Breach Letter, #16 Exhibit O - Fair Debt Letter, #17 Exhibit P - Notice of Sale, #18 Exhibit Q - Publishers Affidavit)(Weatherly, Elizabeth) |
| Filing 7 NOTICE of Appearance by Elizabeth Blair Weatherly on behalf of Everett Financial, INC. (Weatherly, Elizabeth) |
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Filing 6
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORETHE HONORABLE VICTORIA M. CALVERT. Signed by Judge Victoria M. Calvert on 1/9/24. (vs)
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| Clerk's Certificate of Mailing as to Paula Caroline Fisher re #6 Standing Order. (vs) |
| Filing 5 Brief in Support by Paula Caroline Fisher re #4 Temporary Restraining Order. (Attachments: #1 Exhibits, #2 Certificate of Service)(dnb) |
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Filing 4
TEMPORARY RESTRAINING ORDER. It is ORDERED and NOTICE IS HEREBY GIVEN that on January 10, 2024 at 1:30 PM in Courtroom 2105, the Court will hold a hearing on whether to extend or dissolve this Order or to enter a preliminary injunction. Unless extended, this Temporary Restraining Order automatically expires at 11:59 PM on January 10, 2024. Plaintiff is ORDERED to file any additional documentation that she has in support of her request for a preliminary injunction (including, but not limited to, all loan documents and all correspondence relating to loss mitigation) by NO LATER THAN January 5, 2024. Defendants may file any responses by no later than January 9, 2024. Plaintiff is ORDERED to provide a copy of this Order to Defendants, or their foreclosure counsel if known, by email, as soon as possible. The Clerk is directed to serve a copy of this Order on Plaintiff by email at Paula10000@yahoo.com as a one-time courtesy. Plaintiff should not expect service of future filings by email and is cautioned that any emailed replies to the Clerk do not constitute filings and may be disregarded. Signed by Judge Victoria M. Calvert on 12/27/2023. (dnb)
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| Filing 3 COMPLAINT and Request for Emergency Injunction filed by Paula Caroline Fisher. (Attachments: #1 Civil Cover Sheet)(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. |
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Filing 2
ORDER granting #1 Application for Leave to Proceed in forma pauperis. The Clerk is DIRECTED to terminate the reference to the undersigned Magistrate Judge and submit this case to the District Judge for a frivolity determination pursuant to 28 U.S.C. 1915(e). Signed by Magistrate Judge J. Elizabeth McBath on 12/27/2023. c:Financial Office(dnb)
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| Clerk's Certificate of Mailing and E-Mailing as to Paula Caroline Fisher re #4 Temporary Restraining Order. Email address sent to : Paula10000@yahoo.com (dnb) |
| Submission of #3 Complaint, for afrivolity determination pursuant to 28 U.S.C. 1915(e), to District Judge Victoria M. Calvert. (dnb) |
| Clerk's Certificate of Mailing as to Paula Caroline Fisher re #2 Order on Application for Leave to Proceed in forma pauperis. (dnb) |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Paula Caroline Fisher. (Attachments: #1 Complaint and Request for Emergency Injunction, #2 Civil Cover Sheet)(tht) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge J. Elizabeth McBath. (tht) |
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