Berry et al v. Dean Morris LLC et al
| Darrell Berry and Constance Lafayette |
| Dean Morris LLC, Candance A. Courteau, Wells Fargo Bank, N.A., Fay Servicing, LLC, Caliber Home Loans, Inc., Specialized Loan Servicing, LLC, Mortgage Electronic Registration System, LSF10 Mortgage Holdings, LLC, DOES 1 through 100 and US Bank Trust National Association |
| 3:2022cv00889 |
| November 14, 2022 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| John W deGravelles |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.
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Filing 58
ORDER : The #55 Motion for Extension of Time is GRANTED IN PART and DENIED IN PART. Plaintiff's deadline to respond to the pending Motions to Dismiss (R. Docs. 13, 40, 42, 46) is extended to February 6, 2023. The #56 Motion to Vacate is DENIED. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 01/09/2023. (ELW)
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Filing 57
REPLY to #49 Memorandum in Opposition to, #32 MOTION to Remand filed by Darrell Berry, Constance Lafayette. (Attachments: #1 Exhibit 1: Order from 19th JDC, #2 Exhibit 2: Borrower's Promise, #3 Exhibit 3: Corporate Assignment of Mortgage, #4 Exhibit 4: Motion from 19th JDC, #5 Exhibit 5: State Court Ledger, #6 Exhibit 6: Notice of Sheriff's Sale, #7 Exhibit 7: Service - Rule NISI, #8 Exhibit 8: Article from Consumer Financial Protection Bureau)(NLT)
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MOTION(S) REFERRED: #56 MOTION to Vacate. This motion is now pending before the USMJ. (LLH)
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MOTION(S) REFERRED: #55 MOTION for Extension of Time Until Motion to Remand is Ruled Upon. This motion is now pending before the USMJ. (NLT)
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Filing 56
MOTION to Vacate Referral to and Order Signed by USMJ by Darrell Berry, Constance Lafayette (Attachments: #1 Exhibit A: Decline to Jurisdiction of United States Magistrate Judge)(NLT)
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Filing 55
MOTION for Extension of Time Until Motion to Remand is Ruled Upon by Darrell Berry, Constance Lafayette (NLT)
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Filing 54
Joinder In and Consent to Defendant Specialized Loan Servicing, LLC's #49 Memorandum in Opposition to Plaintiff's Motion to Remand by Wells Fargo Bank, N.A. (Meyer, Christopher) Modified on 1/3/2023 to correct the text (SGO).
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Filing 53
ORDER granting #45 Motion to Strike an Incorrectly Filed Document. The improperly filed document (originally R. Doc. 41) shall be deemed struck. The Court has ordered it to be substituted with a separate motion and memorandum. The Clerk of Court shall terminate R. Doc. 43 as a pending motion. No further action is necessary . Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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Filing 52
ORDER granting #44 MOTION to Substitute Doc 43 and 43-1 for Doc 41 filed by Specialized Loan Servicing, LLC. The Clerk's Office shall make the appropriate substitution. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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Filing 51
NOTICE OF Amended Index of Pleadings in State Court by Specialized Loan Servicing, LLC (Attachments: #1 Exhibit Petition for Injunction filed October 7, 2022, #2 Exhibit Verified Emergency Petition for Preliminary/Permanent Injunction and Declaratory Relief dated October 7, 2022, #3 Exhibit Lis Pendens dated October 7, 20223.Lis Pendens dated October 7, 2022, #4 Exhibit Motion for Pauper filed by Plaintiffs dated October 7, 2022, #5 Exhibit Citation to Specialized Loan Servicing, LLC dated October 12, 2022, #6 Exhibit Motion and Order to Stay Proceedings dated October 14, 2022, #7 Exhibit Supplemental Verified Emergency Petition for Preliminary/Permanent Injunction and Declaratory Relief dated October 14, 2022, #8 Exhibit Notice of Filing dated October 17, 2022)(Young, Lindsay)
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Filing 50
RESPONSE to #32 Motion for Remand filed by Caliber Home Loans, Inc., Fay Servicing, LLC, LSF10 Mortgage Holdings, LLC, US Bank Trust National Association. (Lambert, Peyton) Modified on 1/10/2023 to edit text (ELW).
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Filing 49
MEMORANDUM in Opposition to #32 MOTION to Remand filed by Specialized Loan Servicing, LLC. (Young, Lindsay) (Main Document 49 replaced on 12/28/2022) (EDC). (Additional attachment(s) added on 12/28/2022: #1 Attachment Index of Pleadings, #2 Exhibit State Court Records, #3 Exhibit Service Information) (EDC). Modified on 12/28/2022 to separate documents. (EDC). (Attachment 3 replaced on 12/28/2022) (EDC).
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Filing 48
NOTICE OF Index of Pleadings in State Court by Specialized Loan Servicing, LLC re #1 Notice of Removal, (Attachments: #1 Attachment Petition for Injunction, Verified Emergency Petition and Lis Pendens field on October 7, 2022, as well as Citation to SLS dated October 12, 2022, #2 Attachment Motion and Order to Stay Proceedings dated October 14, 2022)(Young, Lindsay)
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Filing 47
NOTICE OF Decline of Jurisdiction of United States Magistrate Judge by Constance Lafayette (NLT)
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MOTION(S) REFERRED: #44 MOTION to Substitute Doc 43 and 43-1 for Doc 41 , #43 MOTION to Dismiss, #46 MOTION to Dismiss for Failure to State a Claim , #45 MOTION to Strike an Incorrectly Filed Document . This motion is now pending before the USMJ. (NLT)
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Filing 46
MOTION to Dismiss for Failure to State a Claim by Specialized Loan Servicing, LLC (Attachments: #1 Proposed Pleading; Memorandum)(Young, Lindsay)
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Filing 45
MOTION to Strike an Incorrectly Filed Document by Specialized Loan Servicing, LLC (Attachments: #1 Proposed Pleading; Order)(Young, Lindsay)
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Filing 44
MOTION to Substitute Doc 43 and 43-1 for Doc 41 by Specialized Loan Servicing, LLC (Attachments: #1 Proposed Pleading; Order)(Young, Lindsay)
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Filing 43
Disclaimer of Interest and Motion for Dismissal filed by Specialized Loan Servicing, LLC. (Attachments: #1 Attachment Memorandum)(Young, Lindsay) Modified on 12/19/2022 to edit text (ELW).
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MOTION(S) REFERRED: 41 MOTION to Dismiss With Incorporated Memorandum, #42 MOTION to Dismiss for Failure to State a Claim or, in the Alternative, For a More Definite Statement, #40 MOTION to Dismiss . This motion is now pending before the USMJ. (NLT)
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Filing 42
MOTION to Dismiss for Failure to State a Claim or, in the Alternative, For a More Definite Statement by Caliber Home Loans, Inc., Fay Servicing, LLC, LSF10 Mortgage Holdings, LLC, US Bank Trust National Association (Attachments: #1 Memorandum in Support)(Lambert, Peyton). Added MOTION For a More Definite Statement on 12/15/2022 (ELW).
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Filing 41
STRICKEN FROM THE RECORD MOTION to Dismiss With Incorporated Memorandum by Specialized Loan Servicing, LLC (Young, Lindsay) Modified on 1/3/2023 to remove document as it has been stricken by Order #53 (LLH).
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Filing 40
MOTION to Dismiss by Wells Fargo Bank, N.A. (Attachments: #1 Attachment Memorandum of Law in Support of Motion to Dismiss)(Meyer, Christopher)
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Filing 39
ORDER granting #37 Motion to Amend Motion to Remand #37 . The Clerk's Office shall substitute the attached certificate of service (R. Doc. 37 at 2) in place of the original certificate of service (R. Doc. 32 at 8). No other action is required. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/12/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
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Filing 38
ORDER : The Court finds good cause under Local Rule 7(f) to extend Plaintiffs deadline to respond to the Motion to Dismiss (R. Doc. 13) to January 5, 2023. The #28 Motion for Joinder and #35 Motion for Joinder are TERMINATED. The #31 Motion for Extension of Time to File Response to #28 Consent MOTION for Joinder with #1 Notice of Removal is GRANTED. Replies due by 1/05/2023. The #34 MOTION for Extension of Time to File Answer to #1 Notice of Removal, Original Petition is GRANTED. Replies due by 12/12/2022. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/8/2022. (ELW)
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MOTION(S) REFERRED: #37 MOTION to Remand. This motion is now pending before the USMJ. (EDC)
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Filing 37
Amended MOTION for Remand by Darrell Berry, Constance Lafayette (EDC) . Modified on 12/13/2022 to replace certificate of service per Order #39 (LLH).
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Filing 36
Certificate of Interested Persons by LSF10 Mortgage Holdings, LLC identifying Affiliate/Interested Person Mortgage Electronic Registration System, Affiliate/Interested Person Wells Fargo Bank, N.A., Affiliate/Interested Person Darrell Berry, Affiliate/Interested Person Constance Lafayette, Affiliate/Interested Person Caliber Home Loans, Inc., Affiliate/Interested Person Fay Servicing, LLC, Affiliate/Interested Person Specialized Loan Servicing, LLC, Affiliate/Interested Person Candance A. Courteau, Affiliate/Interested Person LSF10 Mortgage Holdings, LLC, Affiliate/Interested Person US Bank Trust National Association, Affiliate/Interested Person Dean Morris, LLC for LSF10 Mortgage Holdings, LLC.. (Lambert, Peyton)
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Filing 35
MOTION for Joinder with #1 Notice of Removal, filed by Specialized Loan Servicing, LLC by LSF10 Mortgage Holdings, LLC (Lambert, Peyton)
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Filing 34
MOTION for Extension of Time to File Answer to #1 Notice of Removal, Original Petition by LSF10 Mortgage Holdings, LLC (Attachments: #1 Proposed Order)(Lambert, Peyton)
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Filing 33
ORDER granting #29 Motion for Extension of Time to File Responsive Pleading. Defendant US Bank Trust National Association is granted an extension of time until 12/12/2022 to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/7/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Filing 32
MOTION for Remand by Darrell Berry, Constance Lafayette (Attachments: #1 Order, #2 Exhibits)(EDC)
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Filing 31
MOTION for Extension of Time to File Response to #28 Consent MOTION for Joinder with #1 Notice of Removal, filed by Specialized Loan Servicing, LLC, #13 MOTION to Dismiss for Failure to State a Claim by Darrell Berry, Constance Lafayette (EDC)
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MOTION(S) REFERRED: #28 Consent MOTION for Joinder with #1 Notice of Removal, filed by Specialized Loan Servicing, LLC, #29 MOTION for Extension of Time to File Answer to #1 Notice of Removal, Original Petition. This motion is now pending before the USMJ. (ELW)
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MOTION(S) REFERRED: #31 MOTION for Extension of Time to File Response to #28 Consent MOTION for Joinder with #1 Notice of Removal, filed by Specialized Loan Servicing, LLC, #13 MOTION to Dismiss for Failure to State a Claim , #32 MOTION to Remand. This motion is now pending before the USMJ. (EDC)
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Filing 30
Certificate of Interested Persons by US Bank Trust National Association identifying Affiliate/Interested Person Wells Fargo Bank, N.A., Affiliate/Interested Person Mortgage Electronic Registration System, Affiliate/Interested Person Darrell Berry, Affiliate/Interested Person Constance Lafayette, Affiliate/Interested Person Caliber Home Loans, Inc., Affiliate/Interested Person Fay Servicing, LLC, Affiliate/Interested Person Specialized Loan Servicing, LLC, Affiliate/Interested Person Candance A. Courteau, Affiliate/Interested Person LSF10 Mortgage Holdings, LLC, Affiliate/Interested Person US Bank Trust National Association, Affiliate/Interested Person Dean Morris, LLC for US Bank Trust National Association.. (Lambert, Peyton)
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Filing 29
MOTION for Extension of Time to File Answer to #1 Notice of Removal, Original Petition by US Bank Trust National Association (Attachments: #1 Proposed Pleading; Proposed Order)(Lambert, Peyton)
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Filing 28
Consent MOTION for Joinder with #1 Notice of Removal, filed by Specialized Loan Servicing, LLC by US Bank Trust National Association (Lambert, Peyton)
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Filing 27
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 2/9/2023 at 04:00 PM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) shall initiate the call to all parties then contact the Court at (225) 389-3602. Status Report due by 1/26/2023. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/30/2022. (SGO)
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MOTION(S) REFERRED: #13 MOTION to Dismiss for Failure to State a Claim . This motion is now pending before the USMJ. (NLT)
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Filing 26
ORDER granting #23 Motion for Extension of Time to File Responsive Pleading. Defendant Specialized Loan Servicing, LLC is granted an extension of time until 12/12/2022 to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/28/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Filing 25
ORDER granting #22 Motion for Extension of Time to File Responsive Pleading. Defendant Wells Fargo Bank, N.A. is granted an extension of time until 12/12/2022 to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/28/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Filing 24
Corporate Disclosure Statement by Specialized Loan Servicing, LLC. (Young, Lindsay)
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Filing 23
MOTION for Extension of Time to File Answer to #1 Notice of Removal, by Specialized Loan Servicing, LLC (Young, Lindsay)
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MOTION(S) REFERRED: #23 MOTION for Extension of Time to File Answer to #1 Notice of Removal, . This motion is now pending before the USMJ. (LLH)
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MOTION(S) REFERRED: #22 MOTION for Extension of Time to File Answer to #1 Notice of Removal, (Original Petition). This motion is now pending before the USMJ. (JEG)
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Filing 22
MOTION for Extension of Time to File Responsive Pleading to #1 Notice of Removal, (Original Petition) by Wells Fargo Bank, N.A. (Attachments: #1 Proposed Order)(Meyer, Christopher) Modified on 11/23/2022 to edit title of document and to remove duplicate description of attachment (JEG).
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Filing 21
ORDER denying #11 Motion for Extension of Time to File Responsive Pleading for failure to comply with Local Rule 10(a)(1) as the document is filed on legal size paper. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Filing 20
ORDER granting #16 Joinder in and Consent to Notice of Removal. No further action by the Clerk's Office is necessary. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Filing 19
ORDER granting #17 Motion for Extension of Time to File Responsive Pleading. Defendants Caliber Home Loans, Inc. and Fay Servicing, LLC are granted an extension of time until 12/12/2022 to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/21/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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Filing 18
Exhibit(s) to #13 MOTION to Dismiss for Failure to State a Claim by Candance A. Courteau, Dean Morris LLC. (Attachments: #1 Exhibit Exhibit A: Note, #2 Exhibit Exhibit B: Mortgage, #3 Exhibit Exhibit C: Loan Mod, #4 Exhibit Exhibit D: Bankruptcy Dismissal, #5 Exhibit Exhibit E: Judgment)(Price, Elizabeth)
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MOTION(S) REFERRED: #16 Consent MOTION for Joinder with #1 Notice of Removal, filed by Specialized Loan Servicing, LLC, #17 MOTION for Extension of Time to File Answer to #1 Notice of Removal, Original Petition. This motion is now pending before the USMJ. (EDC)
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MOTION(S) REFERRED: #11 MOTION for Extension of Time to File Answer to #1 Notice of Removal, Original Petition. This motion is now pending before the USMJ. (LLH)
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Filing 17
MOTION for Extension of Time to File Answer to #1 Notice of Removal, Original Petition by Caliber Home Loans, Inc., Fay Servicing, LLC (Attachments: #1 Proposed Order)(Lambert, Peyton)
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Filing 16
Consent MOTION for Joinder with #1 Notice of Removal, filed by Specialized Loan Servicing, LLC by Caliber Home Loans, Inc., Fay Servicing, LLC (Lambert, Peyton)
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Filing 15
Certificate of Interested Persons by Caliber Home Loans, Inc., Fay Servicing, LLC identifying Affiliate/Interested Person Mortgage Electronic Registration System, Affiliate/Interested Person Wells Fargo Bank, N.A., Affiliate/Interested Person Constance Lafayette, Affiliate/Interested Person Caliber Home Loans, Inc., Affiliate/Interested Person Fay Servicing, LLC, Affiliate/Interested Person Specialized Loan Servicing, LLC, Affiliate/Interested Person Candance A. Courteau, Affiliate/Interested Person LSF10 Mortgage Holdings, LLC, Affiliate/Interested Person US Bank Trust National Association, Affiliate/Interested Person Dean Morris, LLC, Affiliate/Interested Person Darrell Berry for Caliber Home Loans, Inc., Fay Servicing, LLC.. (Lambert, Peyton)
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Filing 14
Notice of Deficiency with Administrative Procedure III(A)(1) as to #13 Motion to Dismiss for Failure to State a Claim. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (ELW)
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Filing 13
MOTION to Dismiss for Failure to State a Claim by Candance A. Courteau, Dean Morris LLC (Attachments: #1 Attachment Memorandum, #2 Exhibit Exhibits)(Price, Elizabeth)
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Filing 12
NOTICE OF DEFICIENCY with LR 7.1 as to #10 Certificate of Interested Persons. Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (ELW)
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Filing 11
MOTION for Extension of Time to File Answer to #1 Notice of Removal, Original Petition by Wells Fargo Bank, N.A. (Attachments: #1 Proposed Pleading; Proposed Order)(Meyer, Christopher)
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*** Add Interested Person by Candance A. Courteau, Dean Morris LLC identifying Affiliate/Interested Person Wells Fargo Bank, N.A., Affiliate/Interested Person Caliber Home Loans, Inc., Affiliate/Interested Person U.S. Bank Trust, National N.A., as Trustee for LSF10 Master Participation Trust, Affiliate/Interested Person Fay Servicing, LLC, Affiliate/Interested Person Specialized Loan Servicing, LLC, Affiliate/Interested Person Candance A. Courteau, Affiliate/Interested Person LSF10 Mortgage Holdings, LLC, Affiliate/Interested Person Dean Morris, LLC, Affiliate/Interested Person Darrell Berry, Affiliate/Interested Person Constance Lafayette, Affiliate/Interested Person Mortgage Electronic Registration Systems, Inc for Candance A. Courteau, Dean Morris LLC. (Price, Elizabeth)
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Filing 10
Certificate of Interested Persons by Candance A. Courteau, Dean Morris LLC. (Price, Elizabeth)
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Filing 9
Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A... (Meyer, Christopher)
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Filing 8
Certificate of Interested Persons by Wells Fargo Bank, N.A. identifying Affiliate/Interested Person Mortgage Electronic Registration System, Affiliate/Interested Person Wells Fargo Bank, N.A., Affiliate/Interested Person Darrell Berry, Affiliate/Interested Person Caliber Home Loans, Inc., Affiliate/Interested Person U.S. Bank Trust, National N.A., as Trustee for LSF10 Master Participation Trust, Affiliate/Interested Person Fay Servicing, LLC, Affiliate/Interested Person Specialized Loan Servicing, LLC, Affiliate/Interested Person Dean Morris LLC, Affiliate/Interested Person LSF10 Mortgage Holdings, LLC, Affiliate/Interested Person Candace Courteau, Affiliate/Interested Person Constance Lafayette for Wells Fargo Bank, N.A... (Meyer, Christopher)
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Filing 7
Certificate of Interested Persons by Specialized Loan Servicing, LLC identifying Affiliate/Interested Person Specialized Loan Servicing, LLC for Specialized Loan Servicing, LLC.. (Young, Lindsay) Modified on 11/29/2022 to edit the text (NLT).
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***Set CASE REFERRED Pro Se (non-inmate) Flag (NLT)
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Filing 6
NOTICE OF DEFICIENCY with LR 7.1 as to #3 Consent to Removal. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (ELW)
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Filing 5
NOTICE OF DEFICIENCY with LR 7.1 as to #2 Consent to Removal. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (ELW)
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Filing 4
NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal,. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (ELW)
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Filing 3
Consent to Removal by Wells Fargo Bank, N.A.. (Meyer, Christopher)
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Filing 2
Consent to Removal by Candance A. Courteau, Dean Morris LLC. (Price, Elizabeth)
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Filing 1
NOTICE OF REMOVAL from 19th JDC East Baton Rouge Parish, Case Number C-724405 Div 22. (Filing fee $ 402 receipt number ALAMDC-2504128), filed by Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit List of Attorneys)(Young, Lindsay)
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