Ayo, et al v. U.S. Bank Trust, N.A., et al
| Warren J Ayo, Jr. and Maritza Ayo |
| U.S. Bank Trust, N.A., Fay Servicing LLC and U.S. Bank Trust, N.A. National Association |
| U.S. Bank, N.A., as Trustee for LSF9 and LF10 Master Participation Trust |
| 2:2023cv02629 |
| July 20, 2023 |
| US District Court for the Eastern District of Louisiana |
| Eldon E Fallon |
| Karen Wells Roby |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| None |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 EXPARTE/CONSENT MOTION for Extension of Time to Amend state court Petition by Maritza Ayo, Warren J Ayo, Jr. (Attachments: #1 Proposed Order)(Bollinger, Brett) |
Filing 21
ORDER denying as moot #20 Motion for Extension of Time to Answer ; dfts may re-file a motion for extension of time at the appropriate time, after Plaintiffs have filed an amended complaint. Signed by Judge Eldon E. Fallon on 8/31/2023. (lag)
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| Filing 20 EXPARTE/CONSENT MOTION for Extension of Time to Answer by Fay Servicing LLC, U.S. Bank Trust, N.A. National Association. (Price, Elizabeth) Modified on 8/31/2023 (lag). |
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Filing 19
ORDER denying #3 Motion to Dismiss for Failure to State a Claim; Plaintiffs shall have 15 days within which to amend their complaint as set forth in document. Signed by Judge Eldon E. Fallon on 8/30/2023. (lag)
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| Filing 18 Minute Entry for proceedings held before Judge Eldon E. Fallon: Motion Hearing held on 8/30/2023 re #3 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6) filed by U.S. Bank Trust, N.A. National Association, Fay Servicing LLC. (Court Reporter Toni Tusa.) (lag) |
| Filing 17 REPLY to Response to Motion filed by Fay Servicing LLC, U.S. Bank Trust, N.A. re #3 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6). (mmm) |
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Filing 16
ORDER granting #14 Motion for Leave to File Reply. Signed by Judge Eldon E. Fallon on 8/29/2023. (mmm)
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| Filing 15 Correction of Docket Entry by Clerk re #14 MOTION for Leave to File ; Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. (lag) |
| Filing 14 EXPARTE/CONSENT MOTION for Leave to File Reply by Fay Servicing LLC, U.S. Bank Trust, N.A. (Attachments: #1 Exhibit Reply, #2 Notice of Submission) (Price, Elizabeth) Modified on 8/29/2023 (lag). |
| Filing 13 DEFICIENT: REPLY to Response to Motion filed by Fay Servicing LLC, U.S. Bank Trust, N.A., U.S. Bank Trust, N.A. National Association re #3 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6) . (Attachments: #1 Exhibit)(Price, Elizabeth) Modified on 8/28/2023 (lag). |
| Filing 12 RESPONSE/MEMORANDUM in Opposition filed by Maritza Ayo, Warren J Ayo, Jr re #3 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6) . (Bollinger, Brett) |
| Filing 11 Minute Entry for proceedings held before Judge Eldon E. Fallon: Telephone Status Conference held on 8/10/2023. The parties agreed that, since the sheriff's sale of the property has been canceled pending the resolution of this case, Plaintiff's request for a restraining order or injunction is moot. ORDERED that Motion Hearing with Oral Argument set for 8/30/2023 09:00 AM before Judge Eldon E. Fallon re #3 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6). (lag) |
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Filing 10
ORDER granting #9 Motion to Enroll as Counsel of Record for Attorney Brett M. Bollinger, Jeffrey E. McDonald, Brad D. Ferrand, Larry Peter Englande, Jr for Maritza Ayo, Warren J Ayo, Jr. Signed by Judge Eldon E. Fallon on 8/9/2023. (lag)
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| Filing 9 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Maritza Ayo, Warren J Ayo, Jr. (Attachments: #1 Proposed Order)Attorney Brett M. Bollinger added to party Maritza Ayo(pty:pla), Attorney Brett M. Bollinger added to party Warren J Ayo, Jr(pty:pla).(Bollinger, Brett) |
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Filing 8
ORDER that Plaintiff's request for a temporary restraining order and preliminary injunction be DENIED AS MOOT. FURTHER ORDERED that a Telephone Status Conference set for 8/10/2023 08:30 AM before Judge Eldon E. Fallon. Signed by Judge Eldon E. Fallon on 7/27/2023.(lag)
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| Filing 7 NOTICE of Compliance by U.S. Bank Trust, N.A. National Association, Fay Servicing LLC re #5 Order . (Attachments: #1 Exhibit Exhibit A - State Court Record, #2 Exhibit Exhibit B - Returns)(Price, Elizabeth) Modified on 7/27/2023 (lag). |
| Filing 6 Correction of Docket Entry by Clerk re #3 Motion to Dismiss/Failure to State a Claim/FRCP12(b)(6), #4 Notice (Other); Documents were submitted on legal size paper. All future pleadings must be submitted as 8 1/2 x 11. Clerk took corrective action to reduce document images. (lag) |
| Filing 5 NOTICE of Directives pursuant to 28:1447(b) by Clerk. (lag) |
| Filing 4 RESPONSE/MEMORANDUM in Opposition to Motion by U.S. Bank, N.A. National Association, Fay Servicing LLC re Motion for Temporary Restraining Order and Preliminary Injunction (filed in state court). (Attachments: #1 Exhibit)(Price, Elizabeth) (Main Document 4 replaced on 7/25/2023) (lag). Modified on 7/25/2023 (lag). |
| Filing 3 MOTION to Dismiss for Failure to State a Claim by U.S. Bank, N.A. National Association, Fay Servicing LLC. Motion(s) will be submitted on 8/30/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Notice of Submission)(Price, Elizabeth) (Main Document, Attachment 1, Attachment 3 replaced on 7/25/2023) (lag). Modified on 7/25/2023 (lag). |
| Filing 2 Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Karen Wells Roby. (kls) |
| Filing 1 NOTICE OF REMOVAL from 22nd JDC, St. Tammany Parish, case number 2023-13636 (Filing fee $ 402 receipt number ALAEDC-10038120) filed by U.S. Bank, N.A. National Association. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings) Attorney Elizabeth Crowell Price added to party U.S. Bank, N.A. National Association (pty:dft).(Price, Elizabeth) Modified on 7/25/2023 (lag). |
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