Midfirst Bank v. Jeter-Sipple
| Midfirst Bank |
| Annette Jeter-Sipple and Gary Sipple |
| 5:2023cv04013 |
| February 13, 2023 |
| US District Court for the District of Kansas |
| Eric F Melgren |
| Rachel E Schwartz |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Petition for Removal- Foreclosure |
| Defendant |
Docket Report
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This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
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Filing 22
ORDER denying as moot #21 Motion to Respond to Plaintiff's Request for More Definite Statement. The Court denied #18 Plaintiff's Motion for More Definite Statement 20 . As a result, no response is required by Defendants. The Court therefore denies the motion as moot. Signed by Magistrate Judge Rachel E. Schwartz on 4/13/2023. Mailed to pro se parties Gary Sipple, PO Box 67711, Topeka, KS 66667; Anette Jeter-Sipple, 2831 SW 31st Court, Apt. 206, Topeka, KS 66614 by certified mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh)
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Filing 21
MOTION to respond to plaintiff's request for more definite statement by Defendants Annette Jeter-Sipple, Gary Sipple (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Impeachment Crimes, #2 Exhibit 1 - Kansas Quit Claim Deed, #3 Exhibit 2 - Receipt for Search Fee)(msb)
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Filing 20
ORDER denying #18 Motion for More Definite Statement. On March 23, 2023, Defendants filed a notice of #15 "Impeachment Crimes." The Court does not construe Defendants' notice of Impeachment Crimes as a motion, consistent with D. Kan. Rule 7.1, that would require a response. In addition, Defendants have not sought leave of the Court to amend their pleadings, as required by Rule 15(a)(2), and therefore the Court does not construe this notice of Impeachment Crimes as a pleading. Because the notice is not a pleading to which an answer or other responsive pleading is required, the Court denies the motion for a more definite statement. See Drury v. Wendy's Old Fashioned Hamburgers of New York, Inc., No. CIV.A. 12-2012-JTM, 2012 WL 2339747, at *2 (D. Kan. June 19, 2012) ("If a pleading is not one to which an answer or other responsive pleading is required, then a motion for a more definite statement is procedurally improper."). Signed by Magistrate Judge Rachel E. Schwartz on 4/13/2023. Mailed to pro se parties Gary Sipple, PO Box 67711, Topeka, KS 66667; Anette Jeter-Sipple, 2831 SW 31st Court, Apt. 206, Topeka, KS 66614 by certified mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh)
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Filing 19
REPORT AND RECOMMENDATION re #17 MOTION for Leave to Proceed in forma pauperis filed by Annette Jeter-Sipple, Gary Sipple. The Court recommends that the District Judge deny Defendants' Renewed Motion to Proceed Without Prepayment of Fees. Objections to R&R due by 4/27/2023. Signed by Magistrate Judge Rachel E. Schwartz on 04/13/2023. Mailed to pro se party Annette Jeter-Sipple and Gary Sipple by certified mail. Certified Tracking Numbers: 7018 0680 0001 8173 8349 (Annette Jeter-Sipple) and 7018 0680 0001 8173 8332 (Gary Sipple). (kmc)
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Filing 18
MOTION for More Definite Statement as to Impeachment Crimes (Docs 15 and 15-1) by Plaintiff Midfirst Bank. (referred to Magistrate Judge Rachel E. Schwartz) (Zevitz, Michael)
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Filing 17
MOTION for Leave to Proceed in forma pauperis: NOTE - Access to document is restricted pursuant to the courts privacy policy. by Defendants Annette Jeter-Sipple, Gary Sipple (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Financial Affidavit, #2 Request to Proceed without Payment, #3 Exhibits in Support of Motion)(msb)
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Filing 16
CERTIFIED MAIL RECEIPT returned re #13 Order on Motion for Leave to Proceed In Forma Pauperis, addressed to Annette Jeter-Sipple. (kmc)
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Filing 15
NOTICE TO COURT: Impeachment crimes by Annette Jeter-Sipple, Gary Sipple (Attachments: #1, #2 Mailing Envelope)(msb)
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Filing 14
CERTIFIED MAIL RECEIPT Returned Unexecuted re #6 Order addressed to Annette Jeter-Sipple at 2508 SW Stutley Court, Topeka, KS 66614; certified mail # 7020 3160 0000 9283 4823. (jal)
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Filing 13
ORDER striking #3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Rachel E. Schwartz on 03/17/2023. Mailed to pro se party Annette Jeter-Sipple and Gary Sipple by certified mail; Certified Tracking Number: 7016 1970 0001 1365 5415 and 7016 1970 0001 1365 5408. (kmc)
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Filing 12
ORDER denying #11 Motion for Leave to File. A surreply is disfavored by the court and permitted only on rare occasions. Defendant offers no reason why a surreply is appropriate or necessary here. Therefore, Defendant's Motion for Leave is DENIED. Signed by Chief District Judge Eric F. Melgren on 3/14/2023.Mailed to pro se party Annette Jeter-Sipple and Gary Sipple by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
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Filing 11
MOTION for Leave to file rebuttal to #9 reply to motion to remand #5 by Defendants Annette Jeter-Sipple, Gary Sipple (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (mls)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #11 MOTION for Leave to file rebuttal. The motion will be resolved by the District Judge.
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Filing 10
CERTIFIED MAIL RECEIPT returned re #6 Order addressed to Gary Sipple. (kas)
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Filing 9
REPLY TO RESPONSE TO MOTION by Plaintiff Midfirst Bank re: #5 Motion to Remand to State Court (Zevitz, Michael)
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Filing 8
AMENDED RESPONSE (titled Motion to Oppose Plaintiff's Remand Request and Stay in Federal Court) by Defendants Annette Jeter-Sipple, Gary Sipple: Re #5 Motion to Remand to State Court (Attachments: #1 Exhibit 1 - Qualified Written Request in Case No. 2022cv00201, #2 Exhibit 2 - Motion for Notice and Demand in Case No. 2022cv00201, #3 Exhibit 3 - Proof of Publication in Great Bend Tribune, #4 Exhibit 4 - Publication, #5 Exhibit 5 - Partial Property Listing)(msb)
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Filing 7
RESPONSE IN OPPOSITION by Defendants Annette Jeter-Sipple, Gary Sipple: Re #5 Motion to Remand to State Court. (Attachments: #1 Exhibit 1 - Qualified Written Request in Case No. 2022cv00201, #2 Exhibit 2 - Motion for Notice and Demand in Case No. 2022cv00201, #3 Exhibit 3 - Proof of Publication in Great Bend Tribune, #4 Exhibit 4 - Publication, #5 Exhibit 5 - Partial Property Listing)(msb)
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Filing 6
ORDER denying #4 Motion for Extension of Time. See Order for details. Signed by Magistrate Judge Rachel E. Schwartz on 2/28/2023. Mailed to pro se parties Annette Jeter-Sipple and Gary Sipple by certified mail; Certified Tracking Numbers: 7020 3160 0000 9283 4823 and 7020 3160 0000 9283 4816. (jal)
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Filing 5
MOTION to Remand to State Court by Plaintiff Midfirst Bank (Attachments: #1 Exhibit A - H)(Zevitz, Michael)
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Filing 4
MOTION for extension of time by Defendant Annette Jeter-Sipple (referred to Magistrate Judge Rachel E. Schwartz) (msb)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Eric F. Melgren and Magistrate Judge Rachel E. Schwartz 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 (msb)
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Filing 3
(STRICKEN per #13 ORDER) MOTION for Leave to Proceed in forma pauperis NOTE - Access to document is restricted pursuant to the courts privacy policy. by Defendant Annette Jeter-Sipple (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Financial Affidavit)(msb) Modified on 3/17/2023 (kmc).
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Filing 2
CIVIL COVER SHEET: Re #1 Notice of Removal by Defendant Annette Jeter-Sipple. (msb)
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Filing 1
NOTICE OF REMOVAL from Shawnee County District Court, case number 22cv0201 Trial location of Topeka filed by Annette Jeter-Sipple. (Attachments: #1 Notice of Removal Filed in Shawnee County District Court 1-17-23, #2 Exhibit 1-1a Proof of Publication, #3 Exhibit 2 William H. Meyer Email 1/19, #4 Exhibit 3 Judicial Notice of Liability, #5 Exhibit 4 Deficiency Notice, #6 Exhibit 5 Partial Detailed Listing for Property 4172647, #7 Exhibit 6 Publication in Great Bend Tribune, #8 Exhibit 7 Judicial Notice of Liability, #9 Exhibit 8 Judicial Notice of Liability, #10 Exhibit 9 Judicial Notice of Liability)(msb)
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