Ellis et al v. Popular Bank et al
| Allyson Ellis and Curtis Ellis |
| Popular Bank, Banco Popular and United States of America |
| 2:2024cv02042 |
| February 2, 2024 |
| US District Court for the District of Kansas |
| Eric F Melgren |
| Angel D Mitchell |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Petition for Removal- Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 26
ORDER: Based on the filing of #20 Second Amended Complaint, the Court is finding as moot #16 Motion to Dismiss for Failure to State a Claim; finding as moot #16 Motion for Release of Funds; finding as moot #18 Motion to Dismiss for Failure to State a Claim. Signed by Chief District Judge Eric F. Melgren on 3/28/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Popular Bank (Lewis, Diane) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Second Amended Petition and to Pay The United States the $228,000 from the Sale Of The Real Property that is the subject of this Quiet Title Action by Defendant United States of America (Allman, Christopher) |
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Filing 23
ORDER granting #19 Motion to Appear Pro Hac Vice of Paulina Garga-Chmiel for Popular Bank pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 3/18/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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| Filing 22 MEMORANDUM IN OPPOSITION by Plaintiffs Allyson Ellis, Curtis Ellis re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND TO PAY THE UNITED STATES THE $228,000 FROM THE SALE OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS QUIET TITLE ACTION MOTION for Release of Funds (Mouber, Bryan) |
| Filing 21 MEMORANDUM IN OPPOSITION by Plaintiffs Allyson Ellis, Curtis Ellis re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mouber, Bryan) |
| Filing 20 SECOND AMENDED COMPLAINT against All Defendants, filed by Allyson Ellis, Curtis Ellis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Mouber, Bryan) Modified on 3/14/2024 to correct that filing is against 'defendants', not plaintiffs as originally docketed.(kao). |
| Filing 19 MOTION for attorney Paulina Garga-Chmiel to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6293664.) by Defendant Popular Bank (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit in Support, #2 ECF Registration Form)(Lewis, Diane) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Popular Bank (Attachments: #1 Exhibit Exhibit A)(Lewis, Diane) |
| Filing 17 RECEIPT for the amount of $228,000.00 deposited with the court per #15 ORDER which constitute the proceeds (held in escrow on behalf of Plaintiffs Allyson Ellis and Curtis Ellis) of sale of residence located at 4806 W. 143rd Terr, Leawood, KS. Received from Secured Title of Kansas City - Leawood; receipt #200001304. (jsh) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND TO PAY THE UNITED STATES THE $228,000 FROM THE SALE OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS QUIET TITLE ACTION by Defendant United States of America (Allman, Christopher). Added MOTION for Release of Funds on 2/22/2024 (sz). |
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Filing 15
ORDER TO PAY MONEY INTO COURT FROM SALE OF REAL ESTATE AND DENYING THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION (Doc. #13 ) AS MOOT. The Court orders Plaintiffs Allyson Ellis and Curtis Ellis (Ellises) to pay into this Court $228,000 from the sale of real estate that is the subject of this case to be held by the Court and distributed only upon this Court's subsequent orders resolving the enforceability and amounts due under the Note and as secured by the Mortgage. See Order for more details. Signed by Chief District Judge Eric F. Melgren on 2/9/2024. (sz)
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| Filing 14 CLERKS ORDER EXTENDING TIME until 2/27/2024 for Defendant United States of America to answer or otherwise plead. Signed by deputy clerk on 2/07/2024. (jk) |
| Filing 13 MOTION for Preliminary Injunction by Plaintiffs Allyson Ellis, Curtis Ellis (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Mouber, Bryan) |
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Filing 12
ORDER re #9 Motion for Provisional Remedy Without Notice filed by Allyson Ellis, Curtis Ellis. As this Motion was filed in reliance on state procedural law, Plaintiff's are directed to re-file their motion under relevant federal law forthwith. Signed by Chief District Judge Eric F. Melgren on 2/6/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(cm)
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| Filing 11 SUMMONS RETURNED EXECUTED -- Defendant United States Small Business Administration served 1/23/2024. (Originally filed in the Johnson County District Court on 1/31/2024.) (mam) |
| Filing 10 SUMMONS RETURNED EXECUTED -- Defendant Popular Bank served by FedEx on 1/4/2024 and certified mail/USPS on 1/9/2024. (Originally filed in the Johnson County District Court on 1/12/2024.) (mam) |
| Filing 9 MOTION for Provisional Remedy Without Notice by Plaintiffs Allyson Ellis, Curtis Ellis. (Originally filed in the Johnson County District Court on 12/21/2023.) (mam) |
| Filing 8 ENTRY OF APPEARANCE by Seth M. Snyder on behalf of Popular Bank. (Snyder, Seth) |
| Filing 7 ENTRY OF APPEARANCE by Diane Hastings Lewis on behalf of Popular Bank. (Lewis, Diane) |
| Filing 6 AMENDED EXHIBIT 1 to #4 Certificate of Compliance (replacement of exhibit only) by United States of America. (Allman, Christopher) |
| Filing 5 STATE COURT RECORDS from Johnson County District Court. (Allman, Christopher) |
| Filing 4 CERTIFICATE OF COMPLIANCE with D. Kan. Local Rule 81.1 by Defendant United States of America. (Attachments: #1 Exhibit A) (Allman, Christopher) |
| Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Defendant United States of America - trial to be held in Kansas City. (Allman, Christopher) |
| Filing 2 CIVIL COVER SHEET by Defendant United States of America. (Allman, Christopher) |
| Filing 1 NOTICE OF REMOVAL from Johnson County District Court, case number 23CV06584, trial location of Kansas City, filed by United States of America. (Attachments: #1 Exhibit A) (Allman, Christopher) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk) |
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