US BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST v. TENPENNY et al
| US BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST |
| LUZ ESMERELDA TENPENNY, LUZ E ESMERELDA, ESMERELDA TENPENNY and STANLEY TENPENNY |
| TD BANKNORTH NA, STATE OF MAINE, MAINE REVENUE SERVICES, UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE and MIKE MCDONALD HEATING SERVICE LLC |
| 2:2022cv00034 |
| February 4, 2022 |
| US District Court for the District of Maine |
| JON D LEVY |
| JOHN H RICH |
| KAREN FRINK WOLF |
| Real Property: Other |
| 28 U.S.C. § 1444 |
| None |
Docket Report
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| Case Referral Reassigned to MAGISTRATE JUDGE KAREN FRINK WOLF. MAGISTRATE JUDGE JOHN H. RICH III no longer assigned to the case. (jgd) |
| Filing 21 ANSWER to #13 Amended Complaint, by UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE.(SHASHY, STEPHEN) |
| Filing 20 ANSWER to #13 Amended Complaint, by LUZ ESMERELDA TENPENNY.(KEARNS, MARK) |
| Filing 19 NOTICE of Appearance by MARK A. KEARNS on behalf of LUZ ESMERELDA TENPENNY (KEARNS, MARK) |
| Filing 18 Summons Issued as to TD BANKNORTH NA, STANLEY TENPENNY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 TD Banknorth, N.A. summons)(bfa) |
| Filing 17 Summons Issued as to MIKE MCDONALD HEATING SERVICE LLC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (clp) |
Filing 16
ORDER granting #15 Motion to Withdraw as Attorney. By JUDGE JON D. LEVY. (clp)
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| Filing 15 MOTION by Attorney Ashley E. Eiler to Withdraw as Attorney by UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE Responses due by 4/11/2022. (EILER, ASHLEY) |
| Filing 14 NOTICE of Appearance by JOHN G. OSBORN on behalf of UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE (OSBORN, JOHN) |
| Filing 13 AMENDED COMPLAINT against MIKE MCDONALD HEATING SERVICE LLC, STATE OF MAINE, MAINE REVENUE SERVICES, TD BANKNORTH NA, LUZ ESMERELDA TENPENNY, STANLEY TENPENNY, UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE, filed by US BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST. (Service of Process Deadline 6/13/2022)(FLAGG, JONATHAN) |
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Filing 12
ORDER granting #11 Motion to Amend Complaint for Reformation of Mortgage to Add Additional Counts. REMINDER: After entry of this Order, if Amending a COMPLAINT, counsel are REQUIRED to separately file the AMENDED COMPLAINT Document. By JUDGE JON D. LEVY. (clp)
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| Filing 11 Unopposed MOTION to Amend Complaint for Reformation of Mortgage to Add Additional Counts by US BANK TRUST NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST Responses due by 4/1/2022. (Attachments: #1 Proposed Amended Complaint)(FLAGG, JONATHAN) |
| Filing 10 STATE COURT RECORD with Affidavit by UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE. (Attachments: #1 T.D. Bank Answer, #2 Notice of Removal to Federal District Court, #3 Maine Revenue Services Answer, #4 L.E. Tenpenny Answer, #5 Proof of Service of Summons - Mike McDonald Heating LLC, #6 Proof of Service of Summons - Maine Revenue Services, #7 Summons Issued to L.E. Tenpenny, #8 K. Rivas Affidavit of Service of Summons on L.E. Tenpenny, #9 Proof of Service of Summons - T.D. Bank, #10 Acceptance of Service of Summons - United States (by L. Janson), #11 Summons Issued to United States, #12 A. Eiler Entry of Appearance on Behalf of United States, #13 United States Answer with L. Janson Affidavit, #14 Clerk's Certificate of Mortgage Reformation, #15 US Bank Trust Complaint, #16 S. Shashy Cover Letter re Removal, #17 T.D. Bank Cover Letter re Answer, #18 K. Crosman Cover Letter re Maine Revenue Services Answer & Entry of Appearance, #19 M. Randall Cover Letter re L.E. Tenpenny Answer, #20 Cover Letters re Proof of Summons Service, #21 A. Eiler Cover Letter re United States Answer & Entry of Appearance, #22 S. Buck Cover Letter re US Bank Trust Complaint, #23 S. Shashy Declaration re State Court Record)(SHASHY, STEPHEN) |
| Filing 9 **FILED IN ERROR**STATE COURT RECORD with Affidavit by UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE. (Attachments: #1 Declaration of trial attorney regarding state court record)(SHASHY, STEPHEN) Modified on 2/23/2022 to add filed in error notation as this was re-filed at ECF #10 (clp). |
| Set Deadlines as to MIKE MCDONALD HEATING SERVICE LLC as no answer or responsive pleading was filed: Check for Filing of a Motion for Default on 3/24/2022. (clp) |
| Filing 8 NOTICE of Docket Entry Modification regarding Set ANSWER Deadlines, Set CHECK FOR MOTION FOR DEFAULT Deadline: Modified by the Clerk's office on 2/16/2022 to add filed in error notation as these deadlines were set in error. The Court will reset ANSWER deadlines after the receipt of the STATE COURT RECORD on 4/5/2022. (clp) |
| Reset Deadlines as to JANET KANTZ, Esq.: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 2/25/2022. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. NOTICE-Also, it appears the firm address listed in ECF is not an updated address. This change will need to be made directly through PACER. (clp) |
| **FILED IN ERROR**Set Deadline as no answer or responsive pleading was filed as to LUZ ESMERELDA TENPENNY, STANLEY TENPENNY: Check for Filing of a Motion for Default on 3/18/2022. (clp) Modified on 2/16/2022 to add filed in error notation (clp). |
| Reset Deadlines per order #7: State Court Record due by 4/5/2022. (clp) |
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Filing 7
ORDER granting #6 Motion to Extend Time. The defendant United States shall file the state court record by April 5, 2022. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 6 MOTION to Extend Time for filing state court record to 04/05/2022 by UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE Responses due by 3/3/2022. (Attachments: #1 Exhibit Letter to Cumberland County Superior Court Clerk, dated February 4, 2022, with FedEx delivery receipt)(SHASHY, STEPHEN) |
| Filing 5 PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 2/11/2022. By DEPUTY CLERK: Robert Allen. (bfa) |
| Filing 4 NOTICE OF REMOVAL from Cumberland County Superior Court, case number PORSC-RE-2021-95., filed by UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE. (Service of Process Deadline 5/5/2022) (Attachments: #1 Exhibit A - state court complaint)(bfa) |
| Filing 3 NOTICE of Docket Entry Modification regarding #1 Complaint: This docket entry has been marked filed in error. It will be properly re-filed on the docket as Notice of Removal. (mlm) |
| Filing 2 CIVIL COVER SHEET. (bfa) |
| Filing 1 **FILED IN ERROR** COMPLAINT against LUZ ESMERELDA TENPENNY, STANLEY TENPENNY, filed by UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY - INTERNAL REVENUE SERVICE. (Service of Process Deadline 5/5/2022)(bfa) (Additional attachment(s) added on 2/4/2022: #1 Exhibit A - state court complaint) (bfa). Modified on 2/4/2022 re: error (mlm). |
| **FILED IN ERROR** Set Answer Deadline for LUZ ESMERELDA TENPENNY, STANLEY TENPENNY : Answer due by 2/11/2022. (bfa) Modified on 2/16/2022 to add filed in error notation (clp). |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Janet K. Kantz must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 2/11/2022. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (bfa) |
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