USA v. Smallwood et al
| USA |
| LVNV Funding, LLC, Tabitha A. Smallwood and Unknown Spouse of Tabitha A. Smallwood |
| 6:2020cv00049 |
| February 27, 2020 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 |
| None |
Docket Report
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Filing 11
ORDER: the Court GRANTS Docket Entry #9 and ORDERS as follows: (1) The Court ACCEPTS the Warning Order Report (D.E. #9 ). (2) The Court ORDERS and AUTHORIZES payment to Hon. Travis Alan Rossmanof a $200.00 fee for services rendered and $11.20 for reasonably incurredexpenses (postage), all to be taxed as costs.(3) The Court RELIEVES Mr. Rossman of any further duties in this matter.Signed by Magistrate Judge Hanly A. Ingram on 4/9/20. (RBB)cc: COR
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| Attorney Update. Attorney Travis Alan Rossman terminated. (RBB) |
| Filing 10 NOTICE OF FILING by Unknown Spouse of Tabitha A. Smallwood (Exhibits to Warning Order Report) (Attachments: #1 Exhibit Letter, #2 Exhibit Envelope, #3 Exhibit Receipt)(Rossman, Travis) |
| Filing 9 MOTION for Report for Warning Order Unable to notify Unknown Spouse of Tabitha A. Smallwood Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Warning Order Report, #2 Affidavit Affidavit in Support of Fees, #3 Proposed Order)(Rossman, Travis) (Additional attachment(s) added on 4/8/2020: #4 Exhibit A Letter, #5 Exhibit B Envelope, #6 Exhibit C Receipt) (RBB). |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #9 MOTION for Report for Warning Order Unable to notify Unknown Spouse of Tabitha A. Smallwood (RBB) |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #8 Status Report (RBB) |
| Filing 8 STATUS REPORT by USA. (Dixon, Melissa) |
| Filing 7 SUMMONS Returned Executed by USA via certified mail upon registered agent to LVNV Funding, LLC served on 3/9/2020, answer due 3/30/2020. (Dixon, Melissa) |
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Filing 6
ORDER: 1) The Motion for the Appointment of Warning Order Attorney (D.E. #5 ) is GRANTED; 2. Travis Rossman appointed WOA for Defendant, Unknown Spouse of Tabitha A. Smallwood. 3) The WOA must make diligent efforts to inform said Defendant, by mail, of the pendency and nature of this foreclosure action. 4) If WOA cannot inform Defendant of this action, he shall so report to the Court. 5) If the WOA knows or learns that Defendant is an unmarried infant or of unsound mind or otherwise under a legal disability, such information shall be included in the WOA's report; upon the filing of such report, the WOA shall become the Guardian Ad Litem for such Defendant. 6) Plaintiff's cause of action herein is for foreclosure of property purchased through a federal Rural Development loan by Tabitha A. Smallwood. 7) At the time of the filing of the report, the WOA may request fees and expenses. 8) Plaintiff's payment policies for said WOA's fees and expenses require, on average, sixty (60) days for payment. Signed by Magistrate Judge Hanly A. Ingram on 03/03/2020.(KJA)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #5 MOTION for warning order attorney by USA (MM) |
| Filing 5 MOTION for warning order attorney by USA Motions referred to Hanly A. Ingram. (Attachments: #1 Affidavit of Attorney, Melissa R. Dixon, #2 Proposed Order)(Dixon, Melissa) |
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Filing 3
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (MM)cc: COR
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| Filing 2 Summons Issued as to LVNV Funding, LLC, Tabitha A. Smallwood; Summons issued and returned to counsel electronically (MM) |
| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4606881), filed by USA. (Attachments: #1 Exhibit A - Promissory Note, #2 Exhibit B - Mortgage, #3 Exhibit C - Subsidy Repayment Agreement, #4 Exhibit D - Affidavit of Vickie Jones, #5 Exhibit E - Judgment Lien, #6 Summons, #7 Civil Cover Sheet)(MM) |
| Conflict Check run. (MM) |
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