Midfirst Bank v. Jeter-Sipple
Plaintiff: Midfirst Bank
Defendant: Annette Jeter-Sipple and Gary Sipple
Case Number: 5:2023cv04013
Filed: February 13, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Eric F Melgren
Referring Judge: Rachel E Schwartz
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2023 Opinion or Order 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)
April 13, 2023 Opinion or Order 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)
April 13, 2023 Opinion or Order 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)
April 13, 2023 Opinion or Order 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)
March 29, 2023 Opinion or Order 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)
March 27, 2023 Opinion or Order 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)
March 27, 2023 Opinion or Order Filing 16 CERTIFIED MAIL RECEIPT returned re #13 Order on Motion for Leave to Proceed In Forma Pauperis, addressed to Annette Jeter-Sipple. (kmc)
March 23, 2023 Opinion or Order Filing 15 NOTICE TO COURT: Impeachment crimes by Annette Jeter-Sipple, Gary Sipple (Attachments: #1, #2 Mailing Envelope)(msb)
March 23, 2023 Opinion or Order 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)
March 17, 2023 Opinion or Order 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)
March 14, 2023 Opinion or Order 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)
March 14, 2023 Opinion or Order 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)
March 14, 2023 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #11 MOTION for Leave to file rebuttal. The motion will be resolved by the District Judge.
March 13, 2023 Opinion or Order Filing 10 CERTIFIED MAIL RECEIPT returned re #6 Order addressed to Gary Sipple. (kas)
March 7, 2023 Opinion or Order Filing 9 REPLY TO RESPONSE TO MOTION by Plaintiff Midfirst Bank re: #5 Motion to Remand to State Court (Zevitz, Michael)
March 6, 2023 Opinion or Order 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)
March 3, 2023 Opinion or Order 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)
February 28, 2023 Opinion or Order 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)
February 24, 2023 Opinion or Order Filing 5 MOTION to Remand to State Court by Plaintiff Midfirst Bank (Attachments: #1 Exhibit A - H)(Zevitz, Michael)
February 15, 2023 Opinion or Order Filing 4 MOTION for extension of time by Defendant Annette Jeter-Sipple (referred to Magistrate Judge Rachel E. Schwartz) (msb)
February 14, 2023 Opinion or Order 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)
February 13, 2023 Opinion or Order 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).
February 13, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET: Re #1 Notice of Removal by Defendant Annette Jeter-Sipple. (msb)
February 13, 2023 Opinion or Order 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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Plaintiff: Midfirst Bank
Represented By: William H. Meyer
Represented By: Michael L. Zevitz
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Defendant: Annette Jeter-Sipple
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Defendant: Gary Sipple
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