Long v. United States Department of Housing Urban Development et al
| Jefferey Long |
| United States Department of Housing Urban Development, Specialized Loan Servicing, LLC, Dean Morris, L.L.C., GMFS, Inc. and GMFS, LLC |
| J. Richard Kanuch |
| 3:2024cv00001 |
| January 2, 2024 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Negotiable Instrument |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| None |
Docket Report
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| Filing 31 Exhibit(s) to #29 MOTION for Judgment on the Pleadings , 30 Notice of Deficiency with Administrative Procedures III(A)(1),, by GMFS, LLC, Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit Ex. 1 - Promissory Note and Modification, #2 Exhibit Ex. 2 - Mortgage (GMFS), #3 Exhibit Ex. 3 - Foreclosure Action (19th JDC), #4 Exhibit Ex. 4 - Writ of Seizure, #5 Exhibit Ex. 5 - Notice of Seizure, #6 Exhibit Ex. 6 - Bankruptcy Dismissal Order (Jefferey Long))(Simonson, Eric) |
| Filing 30 Notice of Deficiency with Administrative Procedure III(A)(1) as to #29 Motion for Judgment on the Pleadings,. 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. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (NLT) |
| Filing 29 MOTION for Judgment on the Pleadings by GMFS, LLC, Specialized Loan Servicing, LLC (Attachments: #1 Attachment Memorandum in Support, #2 Attachment Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Simonson, Eric) |
| Filing 28 Affirmative Defenses and ANSWER to Complaint Petition for Breach of Contract and Damages by GMFS, LLC, Specialized Loan Servicing, LLC.(Mosby, Trevor) |
| Filing 27 NOTICE OF DEFICIENCY with LR 7.1 as to #26 Certificate of Interested Persons. Failure to add all listed 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. (EDC) |
| *** Add Interested Person by Dean Morris, L.L.C. identifying Affiliate/Interested Person Specialized Loan Servicing, LLC, Affiliate/Interested Person Ready Capital Corporation, Affiliate/Interested Person Computershare Limited, Affiliate/Interested Person Specialized Loan Servicing Holdings LLC, Affiliate/Interested Person Jefferey Long, Affiliate/Interested Person GMFS, LLC, Affiliate/Interested Person ReadyCap Holdings, LLC, Affiliate/Interested Person Sutherland Asset, LLC, Affiliate/Interested Person Sutherland Partners, LP, Affiliate/Interested Person United States Department of Housing for Dean Morris, L.L.C.. (Morris, Ashley) |
| Filing 26 Certificate of Interested Persons by Dean Morris, L.L.C. (Morris, Ashley) |
| Filing 25 NOTICE OF DEFICIENCY with LR 7.1 as to #23 Motion to Dismiss for Failure to State a Claim. 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. (JEG) |
| Filing 24 Corporate Disclosure Statement by Dean Morris, L.L.C. (Morris, Ashley) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim by Dean Morris, L.L.C. (Attachments: #1 Memo in Support, #2 Exhibit 1 Mortgage Contract, #3 Proposed Order)(Morris, Ashley) |
Filing 22
ORDER: Before the Court is the #18 Ex Parte Joint Motion for Extension of Time to File Responsive Pleadings, filed by Defendants Specialized Loan Servicing, LLC ("Specialized") and GMFS, LLC. The relief sought was originally requested on February 1, 2024, but was denied because that motion was filed by a lawyer who was not formally enrolled as counsel of record for these defendants. (R. Doc. 13). Defendants have not advised the Court when they were served or when their responsive pleadings would otherwise be due, however, the Amended Notice of Removal, filed on January 19, 2024, states that Specialized was served on December 28, 2023. R. Doc. 10, para. 5. According to Fed. R. Civ. Proc. 81(c)(2), responsive pleadings for Specialized were due on the later of 21 days after receiving the initial pleading or 7 days after filing the Notice of Removal. The original Notice of Removal was filed on January 2, 2024, so the request by Specialized is untimely. Fed. R. Civ. Proc. 6(b)(1) requires a showing of good cause to extend time if the request is made before the original time expires or excusable neglect if the request is out-of-time. Although Defendants have not made an adequate showing, the Motion will be GRANTED as it is unopposed, other defendants still have not appeared in this case, and the delay in filing responsive pleadings will not adversely impact the case; however, counsel for Defendants Specialized Loan Servicing, LLC and GMFS, LLC are expressly cautioned to familiarize themselves with the applicable rules and to provide sufficient information when seeking future relief from the Court. Responsive pleadings for Defendants Specialized Loan Servicing, LLC and GMFS, LLC due February 22, 2024. Signed by Magistrate Judge Erin Wilder-Doomes on 2/7/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 21 Certificate of Interested Persons by GMFS, LLC identifying Corporate Parent Ready Capital Corporation, Corporate Parent ReadyCap Holdings, LLC, Corporate Parent Sutherland Asset, LLC, Corporate Parent Sutherland Partners, LP, Affiliate/Interested Person Specialized Loan Servicing, LLC, Affiliate/Interested Person Computershare Limited, Affiliate/Interested Person GMFS, LLC, Affiliate/Interested Person Specialized Loan Servicing Holdings, LLC, Affiliate/Interested Person Jefferey Long for GMFS, LLC. (Mosby, Trevor) |
| Filing 20 Corporate Disclosure Statement by GMFS, LLC identifying Corporate Parent Ready Capital Corporation, Corporate Parent ReadyCap Holdings, LLC, Corporate Parent Sutherland Asset, LLC, Corporate Parent Sutherland Partners, LP for GMFS, LLC. (Mosby, Trevor) |
| Filing 19 Corporate Disclosure Statement by Specialized Loan Servicing, LLC identifying Corporate Parent Computershare Limited, Corporate Parent Specialized Loan Servicing Holdings, LLC for Specialized Loan Servicing, LLC. (Mosby, Trevor) |
| MOTION(S) REFERRED: #18 Ex Parte MOTION for Extension of Time to File Answer to #1 Notice of Removal, #10 Amended Notice of Removal, . This motion is now pending before the USMJ. (EDC) |
| Filing 18 Ex Parte MOTION for Extension of Time to File Answer to #1 Notice of Removal, #10 Amended Notice of Removal, by Specialized Loan Servicing, LLC, GMFS, LLC (Mosby, Trevor) |
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Filing 17
ORDER granting #14 Amended Re-Urged Ex Parte MOTION to Substitute Counsel of Record for Specialized Loan Servicing, LLC. Ashley E. Morris and the law firm Dean Morris, LLC are hereby withdrawn as counsel of record in this matter for Specialized Loan Servicing, LLC. Eric J. Simonson and Trevor C. Mosby of the law firm Hinshaw & Culbertson LLP are enrolled as counsel of record for Specialized Loan Servicing, LLC. Signed by Magistrate Judge Erin Wilder-Doomes on 2/5/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 16
ORDER granting #15 Ex Parte MOTION for Leave to File Amended Motion to Substitute Counsel of Record for Specialized Loan Servicing, LLC treated as a Motion to Substitute Pleading. The clerk is directed to replace R. Doc. 14 with R. Doc. 15-1. Signed by Magistrate Judge Erin Wilder-Doomes on 2/5/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 15 Ex Parte MOTION to Amend #14 Ex Parte MOTION to Substitute Eric J. Simonson and Trevor C. Mosby in place of Ashley E. Morris as Attorney for Specialized Loan Servicing, LLC by Specialized Loan Servicing, LLC (Attachments: #1 Proposed Pleading; Amended Ex Parte Motion to Substitute Counsel for Specialized Loan Servicing, LLC)(Mosby, Trevor) |
| Filing 14 Amended Re-Urged Ex Parte MOTION to Substitute Counsel of Record for Specialized Loan Servicing, LLC (Attachments: #1 Proposed Pleading; Proposed Order)(Mosby, Trevor) Modified to edit text and replace document per R. Doc. 16 on 2/5/2024 (BLR). |
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Filing 13
ORDER denying #11 Specialized Loan Servicing, LLC's Ex Parte Motion to Substitute Counsel of Record for failure to comply with Local Rule 83(b)(13). IT IS FURTHER ORDERED that the #12 Joint Consent Motion for Extension of Time to File Responsive Pleadings filed by Specialized Loan Servicing, LLC and GMFS, LLC is denied. The motion was filed by Trevor C. Mosby who is not formally enrolled as counsel of record for Specialized Loan Servicing, LLC in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 2/5/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) Modified to edit text on 2/5/2024 (BLR).
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| MOTION(S) REFERRED: #14 Re-Urged Ex Parte MOTION to Substitute Counsel of Record for Specialized Loan Servicing, LLC and #15 Ex Parte MOTION for Leave to File Amended Motion to Substitute Counsel of Record for Specialized Loan Servicing, LLC. This motion is now pending before the USMJ. (BLR) |
| MOTION(S) REFERRED: #12 Joint MOTION for Extension of Time to File Answer , #11 Ex Parte MOTION to Substitute Eric J. Simonson and Trevor C. Mosby of the law firm Hinshaw & Culbertson LLP in place of Ashley E. Morris and the law firm of Dean Morris, LLC as Attorney . This motion is now pending before the USMJ. (EDC) |
| Filing 12 Joint MOTION for Extension of Time to File Answer by GMFS, Inc., Specialized Loan Servicing, LLC (Attachments: #1 Proposed Order)(Mosby, Trevor) |
| Filing 11 Ex Parte MOTION to Substitute Eric J. Simonson and Trevor C. Mosby of the law firm Hinshaw & Culbertson LLP in place of Ashley E. Morris and the law firm of Dean Morris, LLC as Attorney by Specialized Loan Servicing, LLC (Attachments: #1 Proposed Order)(Mosby, Trevor) |
| Filing 10 AMENDED NOTICE OF REMOVAL, filed by Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1 State Court Action, #2 Exhibit 2 Mortgage Contract, #3 Exhibit 3 Evidence of Dean Morris' Registered Agent, #4 Exhibit 4 Tax Assesment, #5 Exhibit 5 GMFS's Consent to Removal, #6 Exhibit 6 Dean Morris's Consent to Removal)(LLH) |
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Filing 9
ORDER: The #8 Ex Parte Motion for Leave to File Comprehensive Amended Notice of Removal, filed by Specialized Loan Servicing, LLC, is GRANTED. The Motion was filed in response to the Courts 3 Notice and Order to correct deficient citizenship allegations in the original #1 Notice of Removal. The Clerk of Court is instructed to docket the [8-2] Amended Notice of Removal, with the attached exhibits (R. Docs. 8-3 through 8-8), which will become the operative notice of removal. Because Plaintiff Jeffrey Long and Defendant Dean Morris, L.L.C. are both Louisiana citizens but the notice of removal alleges that Dean Morris, L.L.C. is improperly joined, IT IS FURTHER ORDERED that, by no later than February 9, 2024, Plaintiff shall file either a motion to dismiss his claims against Dean Morris, L.L.C., if Plaintiff agrees Dean Morris is improperly joined, or a motion to remand, if Plaintiff believes he has a reasonable likelihood of recovery against Dean Morris. Signed by Magistrate Judge Erin Wilder-Doomes on 1/19/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| Filing 8 MOTION for Leave to File Amended Notice of Removal by Specialized Loan Servicing, LLC (Attachments: #1 Proposed Order, #2 Proposed Pleading; Amended Notice of Removal, #3 Exhibit 1 State Court Action, #4 Exhibit 2 Mortgage Contract, #5 Exhibit 3 Evidence of Dean Morris' Registered Agent, #6 Exhibit 4 Tax Assesment, #7 Exhibit 5 GMFS's Consent to Removal, #8 Exhibit 6 Dean Morris's Consent to Removal)(Morris, Ashley) |
| MOTION(S) REFERRED: #8 MOTION for Leave to File Amended Notice of Removal . This motion is now pending before the USMJ. (EDC) |
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Filing 7
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 4/18/2024 at 09:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 4/4/2024. Signed by Magistrate Judge Erin Wilder-Doomes on 1/10/2024. (BLR)
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| Filing 6 Exhibit(s) to #1 Notice of Removal, by Specialized Loan Servicing, LLC. (Attachments: #1 Exhibit 1 Entire State Court Suit Record, #2 Exhibit 2 Mortgage Contract, #3 Exhibit 3 Tax Assessment)(Morris, Ashley) |
| Filing 5 Notice of Deficiency with Administrative Procedure III(A)(1) as to #1 Notice of Removal. 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. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (EDC) |
| Filing 4 Letter to Attorney J. Richard Kanuch who is lead counsel for party Jefferey Long. Attorney is not admitted to practice in LAMD. (EDC) |
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Filing 3
NOTICE AND ORDER: On 1/2/2024 Defendant Specialized Loan Servicing, LLC filed a #1 Notice of Removal, alleging subject matter jurisdiction under 28 U.S.C. 1332. Although amount in controversy appears to exist, the citizenship allegations have not been adequately alleged as to all parties. Defendant is ORDERED to review the Court's Notice of Requirements for Diversity Jurisdiction, which can be found on Judge Wilder-Doomes' page on the Court's website under Case Information and Forms. If Defendant can correct the deficient jurisdictional allegations (28 U.S.C. 1653), by no later than 1/18/2024, Defendant shall file a motion for leave with a comprehensive amended notice of removal attached. By no later than 2/1/2024, Plaintiff Jeffrey Long shall file a Motion to Remand if he contends Defendant has not met its burden to establish subject matter jurisdiction. Signed by Magistrate Judge Erin Wilder-Doomes on 1/4/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 2 Certificate of Interested Persons by Specialized Loan Servicing, LLC (Morris, Ashley) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court, Case Number 741757. (Filing fee $ 405 receipt number ALAMDC-2690184), filed by Specialized Loan Servicing, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Morris, Ashley) |
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