Giles v. Community Loan Servicing, LLC, et al
| Lewis Giles, Jr. |
| David Ertel, Bayview Loan Servicing, L.L.C. and Community Loan Servicing, LLC |
| 2:2020cv02238 |
| August 12, 2020 |
| US District Court for the Eastern District of Louisiana |
| Donna Phillips Currault |
| Sarah S Vance |
| Jay C Zainey |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 24
ORDER: No additional motions may be filed until the Court addresses defendants' motions to dismiss. Plaintiff's various motions shall be submitted as of 10/21/2020 as stated herein. Signed by Judge Sarah S. Vance on 9/30/2020.(mm)
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Filing 23
ORDER granting #22 MOTION to Substitute Party. It is hereby ordered that Bayview Loan Servicing, LLC be hereby changed to Community Loan Servicing, LLC in the caption of this proceeding, the party list on PACER, and where referenced as Defendant. Signed by Judge Sarah S. Vance on 9/30/2020.(mm)
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| Filing 22 EXPARTE/CONSENT MOTION to Substitute Party. Party Community Loan Servicing, LLC to be substituted in place of Bayview Loan Servicing, LLC due to a Name Change by Bayview Loan Servicing, L.L.C. (Attachments: #1 Exhibit, #2 Proposed Order)(Morris, Ashley) |
| Filing 21 RESPONSE/MEMORANDUM in Opposition filed by All Defendants re #19 MOTION to Acknowledge Void Judgment/Affidavit. (Morris, Ashley) |
| Filing 20 MOTION to Amend #11 MOTION for documentation to verify counsel validity of assignment/jurisdiction, disqualification of counsel and documentation nullification by Lewis Giles, Jr. Motion(s) will be submitted on 10/21/2020. (Attachments: #1 Exhibit, #2 Notice of Submission, #3 Proposed Order)(mm) |
| Filing 19 MOTION to Acknowledge Void Judgment/Affidavit by Lewis Giles, Jr. Motion(s) will be submitted on 10/7/2020. (Attachments: #1 Exhibit, #2 Exhibit 2, #3 Proposed Order, #4 Notice of Submission)(mm) |
| Filing 18 RESPONSE/MEMORANDUM in Opposition filed by All Defendants re #14 MOTION to Declare Mortgage/Promissory Note Relatively Null and Legally Void. (Attachments: #1 Exhibit)(Morris, Ashley) |
| Filing 17 Correction of Docket Entry by Clerk re #16 MOTION to Dismiss Party. **Filing attorney selected incorrect event. Correct event is Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6). Clerk took corrective action.** (mm) |
| Filing 16 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(2), 12(b)(4), and 12(b)(6) by David Ertel. Motion(s) will be submitted on 10/7/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Proposed Order, #4 Notice of Submission)(Morris, Ashley) Modified text/event on 9/11/2020 (mm). |
| Filing 15 MOTION to Dismiss for Failure to State a Claim by Bayview Loan Servicing, L.L.C. Motion(s) will be submitted on 10/7/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Proposed Order, #4 Notice of Submission)(Morris, Ashley) |
| Filing 14 MOTION to Declare Mortgage/Promissory Note Relatively Null and Legally Void by Lewis Giles, Jr. Motion(s) will be submitted on 9/23/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(jjs) |
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Filing 13
ORDER granting #12 Motion to Enroll as Counsel of Record for Attorney Ashley E. Morris for David Ertel. Signed by Judge Sarah S. Vance on 8/24/2020. (mm)
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| Filing 12 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Ashley E. Morris by David Ertel. (Attachments: #1 Proposed Order) Attorney Ashley E. Morris added to party David Ertel(pty:dft).(Morris, Ashley) |
| Filing 11 MOTION for documentation to verify counsel validity of assignment/jurisdiction, disqualification of counsel and documentation nullification by Lewis Giles, Jr. Motion(s) will be submitted on 9/9/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(jjs) |
| Filing 10 Correction of Docket Entry by Clerk re #8 Notice of Compliance. **1. Filing attorney incorrectly selected David Ertel as a filer(s). Only parties named in the body of the document should be selected as filers. Clerk took corrective action. 2. Filing attorney should have linked filing to Document 1. Clerk properly linked document.** (mm) |
| Filing 9 Statement of Corporate Disclosure by Bayview Loan Servicing, L.L.C. identifying Corporate Parent Bayview Financial Holdings, LP, Corporate Parent Bayview Financial Management Corp, Corporate Parent QKF Corporation, Corporate Parent BFTG Holding Company, Inc., Corporate Parent Bayview Asset Management Holdings, LLC, Corporate Parent Bayview Asset Management, LLC for Bayview Loan Servicing, L.L.C. (Morris, Ashley) |
| Filing 8 Notice of Compliance by Bayview Loan Servicing, L.L.C. re #1 Notice of Compliance. (Attachments: #1 State Court Pleadings) (Morris, Ashley) Modified text/filer/linkage on 8/19/2020 (mm). |
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Filing 7
ORDER granting #3 Motion for Extension of Time to File Responsive Pleadings re #1 Notice of Removal as to Bayview Loan Servicing, L.L.C.; answer due 9/11/2020. Signed by Judge Sarah S. Vance on 8/13/2020. (mm)
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Filing 6
ORDER TRANSFERRING CASE. Case transferred to Judge Sarah S. Vance. Judge Jay C. Zainey no longer assigned to case. Signed by Judge Jay C. Zainey on 8/13/2020. (NEF: Judge Vance)(ajn)
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| Filing 5 Directive of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal, filed by Bayview Loan Servicing, L.L.C. (lt) |
| Filing 4 Notice by Bayview Loan Servicing, L.L.C. of related case(s) 2:20-cv-01128. (Morris, Ashley) |
| Filing 3 EXPARTE/CONSENT MOTION for Extension of Time to File Responsive Pleadings as to #1 Notice of Removal by Bayview Loan Servicing, L.L.C. (Attachments: #1 Proposed Order)(Morris, Ashley) Modified text on 8/13/2020 (mm). |
| Filing 2 Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Donna Phillips Currault. (ess) |
| Filing 1 NOTICE OF REMOVAL from 40th Judicial District Court, case number 75706 (Filing fee $ 400 receipt number ALAEDC-8444173) filed by Bayview Loan Servicing, L.L.C.. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings, #3 Exhibit Certification of Related Suits)Attorney Ashley E. Morris added to party Bayview Loan Servicing, L.L.C.(pty:dft).(Morris, Ashley) |
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