Atkins Trucking LLC v. Wells Fargo & Company et al
| Atkins Trucking LLC |
| Wells Fargo & Company, Wells Fargo Bank, N.A., Focus Management Group USA, Inc., Security Associates of Mississippi, LLC and John Does 1-10 |
| 1:2022cv00186 |
| December 5, 2022 |
| US District Court for the Northern District of Mississippi |
| Sharion Aycock |
| Glen H Davidson |
| Roy Percy |
| Personal Property: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 47 Witness List - Hearing on Plaintiff's Urgent and Necessitous Motion for a Temporary Restraining Order and Preliminary Injunction held 2/2/2023. (tjw) |
| Filing 46 Minute Entry for proceedings held before District Judge Sharion Aycock: Motion Hearing held on 2/2/2023 re #28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS filed by Atkins Trucking LLC. Order to follow. (Court Reporter Brenda Blackburn.) (tjw) |
| Filing 45 REPLY to Response to Motion re #28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS filed by Atkins Trucking LLC. (Attachments: #1 Exhibit Wells Fargo Reply, #2 Exhibit FOCUS) (Simpson, William) Modified on 1/31/2023 (jla). |
Filing 44
ORDER granting #32 Motion to Appear Pro Hac Vice; Attorney E. Franklin Childress, Jr. Signed by Magistrate Judge Roy Percy on 1/30/23. (bnd)
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| Filing 43 EXHIBIT re #32 MOTION to Appear Pro Hac Vice ; Attorney E. Franklin Childress, Jr.,(Paid $150 PHV fee; receipt number AMSNDC-2195590) . (Attachments: #1 Certificate of Good Standing from the Tennessee Supreme Court) (Clift, Raymond) |
| Filing 42 JOINDER re #37 Response in Opposition to Motion re #28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS (Defendant Security Associates of Mississippi, LLC's Joinder in Defendants Wells Fargo & Company and Wells Fargo Bank, N.A.'s Memorandum of Law in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction) filed by Security Associates of Mississippi, LLC. (Allen, Andrew) Modified on 1/27/2023 (jla). |
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Filing 41
ORDER granting #34 Motion to Appear Pro Hac Vice; Attorney Pauline McTernan. Signed by Magistrate Judge Roy Percy on 1/26/23. (bnd)
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Filing 40
ORDER granting #33 Motion to Appear Pro Hac Vice; Attorney John Bougiamas. Signed by Magistrate Judge Roy Percy on 1/26/23. (bnd)
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| CLERK'S NOTICE re #35 Exhibits to Other Document; Please file a certificate of good standing from Tennessee state licensing authority by using the civil event "Exhibits to Other Documents" and linking to original motion. (jla) |
| CLERK'S NOTICE re #39 Joinder; All related filings to motion must be linked back to the original motion instead of a responsive pleading. Court staff has made the correction. (jla) |
| Filing 39 JOINDER re #37 Response in Opposition to Motion re #28 MOTION for Temporary Restraining Order. (Stover, Joshua) Modified on 1/26/2023 (jla). |
| Filing 38 EXHIBIT re #34 MOTION to Appear Pro Hac Vice ; Attorney Pauline McTernan,(Paid $150 PHV fee; receipt number AMSNDC-2195615) . (Attachments: #1 New York Certificate of Good Standing) (Clift, Raymond) |
| Filing 37 MEMORANDUM in Opposition re #28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS Memorandum of Law in Opposition to the Motion for TRO and Preliminary Injunction filed by Wells Fargo & Company. (Attachments: #1 Affidavit Declaration of R. Spencer Clift, III, Esq., #2 Exhibit A Transcript of Hearing held Jan 18, 2023 Hon. Selene D. Maddox In re UFI Bankruptcy Case (Bankr. N.D. Miss. Case No 22-13422-SDM)) (Clift, Raymond) Modified on 1/26/2023 (jla). |
| Filing 36 EXHIBIT re #33 MOTION to Appear Pro Hac Vice ; Attorney John Bougiamas,(Paid $150 PHV fee; receipt number AMSNDC-2195606) . (Attachments: #1 New York Certificate of Good Standing) (Clift, Raymond) |
| Filing 35 EXHIBIT re #32 MOTION to Appear Pro Hac Vice ; Attorney E. Franklin Childress, Jr.,(Paid $150 PHV fee; receipt number AMSNDC-2195590) . (Attachments: #1 Tennessee Certificate of Good Standing) (Clift, Raymond) |
| CLERK'S NOTICE re #32 MOTION to Appear Pro Hac Vice ; Attorney E. Franklin Childress, Jr.; Please file a certificate of good standing from Tennessee state licensing authority by using the civil event "Exhibits to Other Documents" and linking to original motion; Further, Attorney to refile motion with the signature of resident attorney as required by L.U.Civ.R. 83.1(d)(4)(K) (jla) |
| CLERK'S NOTICE re #34 MOTION to Appear Pro Hac Vice ; Attorney Pauline McTernan, #33 MOTION to Appear Pro Hac Vice ; Attorney John Bougiamas; Attorney to refile each motion with the signature of resident attorney as required by L.U.Civ.R. 83.1(d)(4)(K). Please use the civil event Exhibits to Other Document and link to the original motion. (jla) |
| Filing 34 MOTION to Appear Pro Hac Vice ; Attorney Pauline McTernan,(Paid $150 PHV fee; receipt number AMSNDC-2195615) by Wells Fargo & Company, Wells Fargo Bank, N.A.. (Attachments: #1 Certificate of Good Standing) (Clift, Raymond) |
| Filing 33 MOTION to Appear Pro Hac Vice ; Attorney John Bougiamas,(Paid $150 PHV fee; receipt number AMSNDC-2195606) by Wells Fargo & Company, Wells Fargo Bank, N.A.. (Attachments: #1 Certificate of Good Standing) (Clift, Raymond) |
| Filing 32 MOTION to Appear Pro Hac Vice ; Attorney E. Franklin Childress, Jr.,(Paid $150 PHV fee; receipt number AMSNDC-2195590) by Wells Fargo & Company, Wells Fargo Bank, N.A.. (Attachments: #1 Certificate of Good Standing) (Clift, Raymond) |
| Set/Reset Deadlines as to #28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS. Responses due by 1/25/2023 Replies due by 1/30/2023. (jla) |
| Filing 31 NOTICE of Hearing on Motion #28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS : Motion Hearing set for 2/2/2023 09:30 AM in Oxford Courtroom 3 West before District Judge Sharion Aycock. (tjw) |
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Filing 30
Order Setting Expedited Briefing Schedule re #28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS. Response due by 1/25/2023. Reply due by 1/30/2023. Signed by District Judge Sharion Aycock on 1/20/2023. (tjw)
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| Filing 29 MEMORANDUM IN SUPPORT RE #28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS . (Simpson, William) Modified on 1/19/2023 (jla). |
| Filing 28 MOTION for Temporary Restraining Order URGENT AND NECESSITOUS by Atkins Trucking LLC. (Attachments: #1 Exhibit Wells Reply to United's Resp., #2 Exhibit Declaration, #3 Exhibit United Resp to Inv. Bank Pet., #4 Exhibit Kim Harper Declaration) (Simpson, William) Modified on 1/19/2023 (jla). |
| CLERK'S NOTICE re #24 Memorandum in Support, #23 MOTION for Temporary Restraining Order ; L.U.Civ.R. 7(b)(2) states that all exhibits should be filed with the motion to which they relate and not the memorandum brief, as well as proper designation of motion pursuant to L.U.Civ.R. 7(b)8; Further, attorney to include signature on all filings as required by L.U.Civ.R. 11(a). Attorney to refile motion and memorandum brief. (jla) |
| CLERK'S NOTICE re #29 Memorandum in Support; All related filings must be linked back to the original motion. Court Staff has made the correction. (jla) |
| Filing 27 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Class Action Complaint re #15 Response of Atkins Trucking LLc filed by Wells Fargo & Company, Wells Fargo Bank, N.A.. (Clift, Raymond) |
| Filing 26 NOTICE of Attorney Appearance by Joshua Wayne Stover on behalf of Focus Management Group USA, Inc. (Stover, Joshua) |
| Filing 25 NOTICE of Attorney Appearance by John Martin Lassiter on behalf of Focus Management Group USA, Inc. (Lassiter, John) |
| Filing 24 MEMORANDUM IN SUPPORT Plaintiff's Motion for TRO and Preliminary Injunction. (Attachments: #1 Exhibit Wells Fargo Reply to United Resp., #2 Exhibit Declaration, #3 Exhibit United Resp to Inv. Bank Pet., #4 Exhibit Kim Harper Declaration) (Simpson, William) |
| Filing 23 MOTION for Temporary Restraining Order by Atkins Trucking LLC. (Simpson, William) |
| Filing 22 SUMMONS Returned Executed by William Jackson Simpson on behalf of Atkins Trucking LLC Wells Fargo Bank, N.A. served on 12/14/2022. (Simpson, William) |
| Filing 21 SUMMONS Returned Executed by William Jackson Simpson on behalf of Atkins Trucking LLC Wells Fargo & Company served on 12/14/2022. (Simpson, William) |
| Filing 20 WAIVER OF SERVICE Returned Executed ; Focus Management Group USA, Inc. waiver sent on 1/6/2023. (Simpson, William) |
| Filing 19 REQUEST FOR WAIVER of Service sent to John Lassiter, Attorney for FOCUS on January 6, 2023 by William Jackson Simpson on behalf of Atkins Trucking LLC. Waiver of Service due by 1/27/2023. (Simpson, William) |
| Filing 18 CERTIFICATE OF SERVICE by Atkins Trucking LLC Wells Fargo Bank (Simpson, William) |
| Filing 17 CERTIFICATE OF SERVICE by Atkins Trucking LLC Wells Fargo &Co. (Simpson, William) |
| CLERK'S NOTICE re #17 Certificate of Service, #18 Certificate of Service; Attorney directed to refile both documents using the event 'Summons Returned Executed' for the answer deadline to be set. (jla) |
| Filing 16 CLERK'S NOTICE of Incomplete Process as to Focus Management Group USA, Inc. (jla) |
| Filing 15 RESPONSE to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Class Action Complaint filed by Atkins Trucking LLC. (Simpson, William) |
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Filing 14
INITIAL ORDER - RULE 16.1 Case Management Conference set for 2/9/2023 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 1/6/23. (rtc)
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| Filing 13 MEMORANDUM IN SUPPORT re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Class Action Complaint by Wells Fargo & Company and Wells Fargo Bank, National Association. (Clift, Raymond) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Class Action Complaint by Wells Fargo & Company, Wells Fargo Bank, N.A.. (Clift, Raymond) |
| Filing 11 DISCLOSURE STATEMENT filed by Wells Fargo & Company, Wells Fargo Bank, N.A. in Compliance with Rule 7.1 of the Federal Rules of Civil Procedure. (Clift, Raymond) |
| Filing 10 DISCLOSURE STATEMENT filed by Security Associates of Mississippi, LLC . (Allen, Andrew) |
| Filing 9 DISCLOSURE STATEMENT filed by Atkins Trucking LLC Amended Disclosure Statement. (Simpson, William) |
| CLERK'S NOTICE. Please take notice that a F.R.C.P. 7.1 disclosure statement has not been filed in this case. Please use the civil event Disclosure Statement to file the required statement. (cb) |
| Filing 8 ANSWER to #1 Complaint (Answer to Plaintiff's Class Action Complaint) by Security Associates of Mississippi, LLC. (Allen, Andrew) Modified on 12/29/2022 (cb). |
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Filing 7
ORDER OF RECUSAL. Senior Judge Glen H. Davidson recused. Case reassigned to District Judge Sharion Aycock for all further proceedings. Signed by Senior Judge Glen H. Davidson on 12/8/22. (jla)
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| Filing 6 SUMMONS Returned Executed by William Jackson Simpson on behalf of Atkins Trucking LLC (Attachments: #1 Summons Summons on Security Associates) (Simpson, William) |
| CLERK'S NOTICE re #5 Summons Returned Executed. Attorney to refile return to include copy of issued summons. (cb) |
| Filing 5 SUMMONS Returned Executed by William Jackson Simpson on behalf of Atkins Trucking LLC Security Associates of Mississippi, LLC served on 12/7/2022. (Simpson, William) |
| Filing 4 DISCLOSURE STATEMENT . (Simpson, William) |
| CLERK'S NOTICE. Please take notice that a F.R.C.P. 7.1 disclosure statement has not been filed in this case. Please use thecivil event Disclosure Statement to file the required statement. (cb) |
| Filing 3 Summons Issued as to Wells Fargo & Company; emailed to Attorney for service. (jla) |
| Filing 2 Summons Issued as to Focus Management Group USA, Inc., Security Associates of Mississippi, LLC, Wells Fargo Bank, N.A.; emailed to Attorney for service. (jla) Modified on 12/6/2022 (jla). |
| Filing 1 COMPLAINT, Jury Demand, Filing fee $ 402, receipt number AMSNDC-2176790, filed by Atkins Trucking LLC. (Attachments: #1 Civil Cover Sheet) (jla) |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Davidson and Magistrate Judge Percy. (jla) |
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