Brooks v. Bank of New York Mellon Trust Company, The et al
| James L. Brooks |
| Bank of New York Mellon Trust Company, The, J. W. Cole Financial Services, National Financial Services, LLC, TransAmerica Life Insurance Co., LendNation, Federal Trade Commission, Internal Revenue Service, State of Kansas and National Financial Services LLC |
| 2:2024cv02188 |
| May 2, 2024 |
| U.S. District Court for the District of Kansas |
| Angel D Mitchell |
| Kathryn H Vratil |
| Negotiable Instrument |
| 28 U.S.C. § 1331 Fed. Question: Tort Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 43 MEMORANDUM IN SUPPORT of #42 MOTION to Dismiss or in the Alternate Compel Arbitration by Defendants National Financial Services LLC, National Financial Services, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Cox, Juliet) |
| Filing 42 MOTION to Dismiss or in the Alternate Compel Arbitration by Defendants National Financial Services LLC, National Financial Services, LLC (Cox, Juliet) |
| Filing 41 MEMORANDUM IN SUPPORT of #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant J. W. Cole Financial Services(Berra, Kenneth) |
| Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant J. W. Cole Financial Services (Berra, Kenneth) |
| Filing 39 RESPONSE by Plaintiff James L. Brooks re #31 MOTION to Dismiss by Defendant Bank of New York Mellon Trust Company. (jsh) |
| Filing 38 RESPONSE by Plaintiff James L. Brooks re #30 Motion to Dismiss by Defendant State of Kansas. (kmc) |
| Filing 37 RESPONSE by Plaintiff James L. Brooks re #25 Motion to Dismiss by Defendant LendNation. (kmc) |
Filing 36
ORDER denying as moot #24 Defendant J.W. Cole Financial Services' Motion for More Definite Statement. On June 20, 2024, plaintiff filed a "Voluntary More Particular Statement From Plaintiff Directed to Defendant J.W. Cole in Particular and all Others Merely as Help." This document grants J.W. Cole the exact relief sought in its motion, i.e. a more definite statement, thereby making the motion moot. The court recognizes that JW Cole contends plaintiff's supplemental statement does not correct the deficiencies in plaintiff's complaint, and it is certainly JW Cole's prerogative to take further action to address that concern, be it in a motion to dismiss or otherwise. Signed by Magistrate Judge Angel D. Mitchell on 6/21/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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| Filing 35 REPLY TO RESPONSE TO MOTION by Defendant J. W. Cole Financial Services re: #24 Motion for More Definite Statement (Berra, Kenneth) |
| Filing 34 DOCKET ANNOTATION: A corrected document regarding #9 has been added to the entry and to this annotation for noticing purposes only. (kas) |
| Filing 33 RESPONSE by Plaintiff James L. Brooks re #24 Motion for More Definite Statement (titled "Voluntary More Particular Statement from Plaintiff Directed to Defendant J.W. Cole in Particular and All Others Merely as Help"). (Attachments: #1 Addendum) (jsh) |
| Filing 32 MEMORANDUM IN SUPPORT of #31 MOTION to Dismiss by Defendant Bank of New York Mellon Trust Company, The(Rutherford, Logan) |
| Filing 31 MOTION to Dismiss by Defendant Bank of New York Mellon Trust Company, The (Rutherford, Logan) |
| Filing 30 MOTION to Dismiss by Defendant State of Kansas (Walsh, Sydney) |
| Filing 29 ENTRY OF APPEARANCE by Shon D. Qualseth on behalf of State of Kansas. (Qualseth, Shon) |
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Filing 28
ORDER granting #27 National Financial Services, LLC's motion for extension of time until June 28, 2024, to answer or otherwise respond to the complaint. The motion is granted for good cause shown therein. Signed by Magistrate Judge Angel D. Mitchell on 6/12/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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| Filing 27 MOTION for Extension of Time to File Answer re #1 Complaint by Defendant National Financial Services LLC (referred to Magistrate Judge Angel D. Mitchell) (Henderson, William) |
| Filing 26 MEMORANDUM IN SUPPORT of #25 MOTION to Dismiss by Defendant LendNation(Koehler, Jeremy) |
| Filing 25 MOTION to Dismiss by Defendant LendNation (Koehler, Jeremy) |
| Filing 24 MOTION for More Definite Statement by Defendant J. W. Cole Financial Services (referred to Magistrate Judge Angel D. Mitchell) (Berra, Kenneth) |
| Filing 23 ENTRY OF APPEARANCE by Kenneth J. Berra on behalf of J. W. Cole Financial Services (Berra, Kenneth) |
| Filing 22 Summons Returned Executed -- served by Certified Mail upon Federal Trade Commission on 5/21/2024. (ca) |
| Filing 21 CLERKS ORDER EXTENDING TIME until 6/18/2024 for Defendant J. W. Cole Financial Services to answer or otherwise plead. Signed by deputy clerk on 6/4/2024. (jsh) |
| Filing 20 ENTRY OF APPEARANCE by Clark H. Cole on behalf of TransAmerica Life Insurance Co. (Cole, Clark) |
| Filing 19 SUMMONS RETURNED EXECUTED -- Certified Mail by James L. Brooks upon J. W. Cole Financial Services served on 5/14/2024, answer due 6/4/2024. (jsh) |
| Filing 18 SUMMONS RETURNED EXECUTED -- Certified Mail by James L. Brooks upon Bank of New York Mellon Trust Company. Answer due 6/20/2024 (per #12 CLERKS ORDER EXTENDING TIME). (jsh) |
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Filing 17
ORDER granting #15 unopposed motion for extension of time. Transamerica Life Insurance Company's deadline to answer or otherwise respond to the complaint is extended to July 3, 2024. Signed by Magistrate Judge Angel D. Mitchell on 5/30/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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| Filing 16 CLERKS ORDER EXTENDING TIME until 6/17/2024 for Defendant State of Kansas to answer or otherwise plead. Signed by deputy clerk on 5/29/2024. (jk) |
| Filing 15 Unopposed MOTION for Extension of Time to File Answer or otherwise respond to Complaint by Defendant TransAmerica Life Insurance Co. (referred to Magistrate Judge Angel D. Mitchell) (Davenport, Skyler) |
| Filing 14 ENTRY OF APPEARANCE by Sydney Walsh on behalf of State of Kansas. (Walsh, Sydney) |
| Filing 13 ENTRY OF APPEARANCE by Juliet Ann Cox on behalf of National Financial Services LLC, National Financial Services, LLC. (Cox, Juliet) |
| Filing 12 CLERKS ORDER EXTENDING TIME until 6/20/2024 for Defendant Bank of New York Mellon Trust Company, The to answer or otherwise plead. Signed by deputy clerk on 5/28/2024. (jsh) |
| Filing 11 SUMMONS RETURNED EXECUTED -- Certified Mail by James L. Brooks upon State of Kansas Attorney General. Served on 5/13/2024, answer due 6/3/2024. (jsh) |
| Filing 10 SUMMONS RETURNED EXECUTED -- Certified Mail by James L. Brooks upon TransAmerica Life Insurance Co. served on 5/13/2024, answer due 6/3/2024. (jsh) |
| Filing 9 SUMMONS RETURNED EXECUTED -- Certified Mail by James L. Brooks upon National Financial Services LLC served on 5/21/2024, answer due 6/11/2024. (jsh) (Additional attachment(s) added on 6/20/2024: #1 Corrected Document) (kas). |
| Filing 8 SUMMONS RETURNED EXECUTED -- Certified Mail by James L. Brooks upon LendNation served on 5/13/2024, answer due 6/11/2024 (per #3 CLERKS ORDER EXTENDING TIME). (jsh) |
| Filing 7 SUMMONS RETURNED EXECUTED -- Certified Mail by James L. Brooks upon National Financial Services, LLC served on 5/13/2024, answer due 6/18/2024 (per #4 CLERKS ORDER EXTENDING TIME). (jsh) |
| Filing 6 Summons Returned Executed -- served by Certified Mail on 5/16/2024 Federal Trade Commission served on 5/16/2024, answer due 7/15/2024; Internal Revenue Service served on 5/16/2024, answer due 7/15/2024. Summons served on United States Attorney for District of Kansas and United States Attorney General. (Attachments: #1 Return of Service on US Attorney General) (jsh) |
| Filing 5 DOCKET ANNOTATION: Plaintiff James L. Brooks is a registered pro se participant with ECF notifications only. (gw) |
| Filing 4 CLERKS ORDER EXTENDING TIME until 6/18/2024 for Defendants National Financial Services LLC, National Financial Services, LLC to answer or otherwise plead. Signed by deputy clerk on 5/24/2024. Mailed to pro se party James L. Brooks by regular mail. (nac) |
| Filing 3 CLERKS ORDER EXTENDING TIME until 6/11/2024 for Defendant LendNation to answer or otherwise plead. Signed by deputy clerk on 5/21/2024. (nac) |
| SUMMONS ISSUED as to Federal Trade Commission, Internal Revenue Service, U.S. Attorney and U.S. Attorney General (issued and returned to plaintiff for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (jsh) |
| SUMMONS ISSUED as to Bank of New York Mellon Trust Company, The, J. W. Cole Financial Services, LendNation, National Financial Services LLC, National Financial Services, LLC, State of Kansas, TransAmerica Life Insurance Co. (issued and returned to plaintiff for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh) |
| Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiff James L. Brooks. (ca) |
| Filing 1 COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by James L. Brooks. (ca) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil 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 (ca) |
| FILING FEE PAID: in the amount of $ 405, receipt number 200001453. (ca) |
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