Foster v. Selene Finance LP
| Stephen H. Foster |
| Selene Finance LP and U.S. Bank Trust National Association |
| 1:2023cv06028 |
| December 29, 2023 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Real Property: Foreclosure |
| 28:l332 Diversity - Foreclosure |
| None |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 8 CLERK'S JUDGMENT that the action be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction and failure to obey a lawful order of the Court. (dgr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 7
ORDER: It is hereby ORDERED that this case is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction and failure to obey a lawful order of the Court. LR 41.3(A)(2), NDGa. It is further ORDERED that Plaintiffs Emergency Motion to Stay Foreclosure #6 , which this Court construes as a Renewed Motion for a Temporary Restraining Order, is DENIED. The Clerk is DIRECTED to close this case. Signed by Judge Mark H. Cohen on 1/19/2024. (dgr)
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| Clerk's Certificate of Mailing as to Stephen H. Foster re #8 Clerk's Judgment and #7 Order. (dgr) |
| Civil Case Terminated. (dgr) |
| Filing 6 AMENDED COMPLAINT against Selene Finance LP, U.S. Bank Trust National Association filed by Stephen H. Foster. Contains Emergency Motion to Stay Foreclosure Sale(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. |
| Submission of #6 Amended Complaint to District Judge Mark H. Cohen. (dgr) |
| Filing 5 NOTICE of Appearance by Gwendolyn J. Godfrey on behalf of Selene Finance LP, U.S. Bank Trust National Association (Godfrey, Gwendolyn) |
| Clerk's Certificate of Mailing as to Stephen H. Foster re #4 Order. (dgr) |
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Filing 4
STANDING ORDER regarding Civil Litigation. Signed by Judge Mark H. Cohen on 1/3/2024. (dgr)
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Filing 3
ORDER denying without prejudice #2 Motion to Stay. Because Foster may be able to establish subject matter jurisdiction with a more carefully drafted complaint, the Court will allow Foster an opportunity to replead. It is therefore further ORDERED that Foster shall be provided an additional fourteen (14) days from the date of this Order in order to file an Amended Complaint, which must identify Foster's domicile (i.e., the state where he resides and intends to remain) and the state of Defendants' citizenship (i.e., for U.S. Bank Tmst, where it is incorporated and has its principal place of business; and for Selene LP, the state of citizenship of each of its general and limited partners), and which must enumerate each cause of action in separate counts of the complaint and provide within each count a short explanation of the legal theory for the claim. If Foster fails to file an amended complaint within the permitted time period that complies with this Order, this case will be dismissed. Signed by Judge Mark H. Cohen on 1/2/2024. (dgr)
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| Clerk's Certificate of Mailing as to Stephen H. Foster re #3 Order on Motion to Stay. (dgr) |
| Filing 2 Emergency MOTION to Stay Foreclosure Sale scheduled for 1/2/2024 by Stephen H. Foster. (refiled from #1 to capture motion) (Attachments: #1 Proposed Order)(tmf) |
| Filing 1 COMPLAINT filed by Stephen H. Foster. contains Emergency Motion to Stay Foreclosure Sale scheduled for 1/2/2024 (Filing fee $405, receipt number 100008586) (Attachments: #1 Plaintiff address, #2 Certificate of Service, #3 Recpt. for Filing Fees, #4 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 #2 Emergency MOTION to Stay Foreclosure Sale on 1/2/2024, #1 Complaint, to District Judge Mark H. Cohen. (tmf) |
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