Berry et al v. Loancity et al
Plaintiff: Darrell Berry and Constance Lafayette
Defendant: Wells Fargo Bank, N.A., Mortgage Electronic Registration System, Loancity, Freddie Mac Multiclass Certificates Series 3113 Trust, Federal Home Loan Mortgage Corporation and Does 1-100
Case Number: 3:2018cv00888
Filed: October 5, 2018
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Richard L Bourgeois
Referring Judge: John W deGravelles
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2018 Filing 17 Brief regarding Defendants Suggestion of Bankruptcy. (Meador, Lindsay)
November 13, 2018 Filing 16 Brief regarding #14 Suggestion of Bankruptcy . (Heisterhagen, Kasee)
November 5, 2018 Set/Reset Deadlines: Brief due by 11/13/2018. (LLH)
November 5, 2018 Filing 15 NOTICE of Briefing Schedule on SUGGESTION OF BANKRUPTCY (Doc. 14): The parties shall file simultaneous briefs within 7 days, not to exceed 5 pages, describing the impact of the Bankruptcy on the proceedings. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
November 1, 2018 Filing 14 SUGGESTION OF BANKRUPTCY Upon the Record as to Darrell Berry and Constance Lafayette Berry by Wells Fargo Bank, N.A.. (Heisterhagen, Kasee)
October 26, 2018 Filing 13 NOTICE of Service for Motion for Extension of Time to Answer Motion to Remove and Dismiss Plaintiffs' case as well as Preliminary Injunction by Darrell Berry. (EDC)
October 26, 2018 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to File Response to #5 MOTION to Dismiss for Failure to State a Claim and #4 MOTION to Dismiss for Failure to State a Claim . Opposition to motions shall be filed by 12/3/2018 and any replies are due by 12/14/2018. Signed by Judge John W. deGravelles on 10/26/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
October 25, 2018 Filing 11 MOTION for Extension of Time to File Response to #4 MOTION to Dismiss for Failure to State a Claim , #5 MOTION to Dismiss for Failure to State a Claim by Darrell Berry. (EDC)
October 25, 2018 Filing 10 MOTION for Verified Emergency Petition for Temporary Restraining Order and/or Preliminary Injunction and Declaratory Relief by Darrell Berry. (Attachments: #1 Proposed Pleading;)(EDC)
October 22, 2018 Filing 9 Supplemental Exhibit(s) to #1 Notice of Removal, by Wells Fargo Bank, N.A.. (Heisterhagen, Kasee) Modified on 10/22/2018 to edit the text (NLT).
October 19, 2018 Opinion or Order Filing 8 ORDER granting #3 MOTION to Substitute Notice of Removal filed by Mortgage Electronic Registration System, Wells Fargo Bank, N.A., Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust. The Joint Notice of Removal (R. Doc. 1) shall be substituted with the Corrected Joint Notice of Removal (R. Doc. 3). Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/19/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL)
October 19, 2018 Opinion or Order Filing 7 ORDER granting #2 Motion to Enroll as Co-Counsel. Added attorney Benjamin Givens Torian as co-counsel for Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust and Mortgage Electronic Registration System. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/19/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL)
October 15, 2018 Filing 6 NOTICE of Briefing Schedule on #5 MOTION to Dismiss for Failure to State a Claim and #4 MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC)
October 15, 2018 MOTION(S) REFERRED: #3 MOTION to Substitute Notice of Removal , #2 MOTION to Enroll Benjamin G. Torian as Additional Attorney . This motion is now pending before the USMJ. (KAH)
October 12, 2018 Filing 5 MOTION to Dismiss for Failure to State a Claim by Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust, Mortgage Electronic Registration System. (Attachments: #1 Memorandum in Support, #2 Exhibit)(Meador, Lindsay)
October 12, 2018 Filing 4 MOTION to Dismiss for Failure to State a Claim by Wells Fargo Bank, N.A.. (Attachments: #1 Memorandum in Support)(Heisterhagen, Kasee)
October 12, 2018 Filing 3 MOTION to Substitute Notice of Removal by Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust, Mortgage Electronic Registration System, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Heisterhagen, Kasee)
October 12, 2018 Filing 2 MOTION to Enroll Benjamin G. Torian as Additional Attorney by Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust, Mortgage Electronic Registration System. (Attachments: #1 Proposed Pleading; Order)(Meador, Lindsay)
October 5, 2018 Filing 1 JOINT NOTICE OF REMOVAL from Parish of East Baton Rouge, Case Number 672792. (Filing fee $ 400 receipt number ALAMDC-1842932), filed by Wells Fargo Bank, N.A.. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment State Court Documents, #3 Attachment Certificate of Service)(Heisterhagen, Kasee) Modified on 10/5/2018 to flatten a document (KAH). Modified on 10/9/2018 to edit text and add party (LLH). Modified on 10/24/2018 to substitute removal as per Order # 8 (LLH).

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Defendant: Wells Fargo Bank, N.A.
Represented By: Kasee Sparks Heisterhagen
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Defendant: Mortgage Electronic Registration System
Represented By: Lindsay Leigh Meador
Represented By: Benjamin Givens Torian
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Defendant: Loancity
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Defendant: Freddie Mac Multiclass Certificates Series 3113 Trust
Represented By: Lindsay Leigh Meador
Represented By: Benjamin Givens Torian
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Defendant: Federal Home Loan Mortgage Corporation
Represented By: Lindsay Leigh Meador
Represented By: Benjamin Givens Torian
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Defendant: Does 1-100
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Plaintiff: Darrell Berry
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Plaintiff: Constance Lafayette
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