Esch et al v. CMH Homes, Inc. et al
| Cortland Esch and Roxanne Esch |
| CMH Homes, Inc., Stephen Flynn, Franklin Structures, LLC, SouthState Bank, Robert Rizetta, Mobile Home Mike, LLC, Mike Long and Unknown Surety Bond Holders |
| 3:2023cv00477 |
| December 18, 2023 |
| US District Court for the Northern District of Mississippi |
| Debra M Brown |
| Roy Percy |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 28 DISCLOSURE STATEMENT filed by Robert Rizetta, SouthState Bank . (Greer, Michael) |
| Filing 27 ANSWER to State Court Complaint by Robert Rizetta, SouthState Bank. (Greer, Michael) |
Filing 26
ORDER granting #24 Motion to Appear Pro Hac Vice; Attorney Christopher C. Hazelip, Jr.. Signed by Magistrate Judge Roy Percy on 2/7/24. (bnd)
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Filing 25
ORDER granting #23 Motion to Appear Pro Hac Vice; Attorney Christian George. Signed by Magistrate Judge Roy Percy on 2/7/24. (bnd)
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| Filing 24 MOTION to Appear Pro Hac Vice ; Attorney Christopher Hazelip, Jr.,(Paid $150 PHV fee; receipt number AMSNDC-2351428) by Robert Rizetta, SouthState Bank. (Attachments: #1 Exhibit Certificate of Good Standing) (Greer, Michael) |
| Filing 23 MOTION to Appear Pro Hac Vice ; Attorney Christian George,(Paid $150 PHV fee; receipt number AMSNDC-2351426) by Robert Rizetta, SouthState Bank. (Attachments: #1 Exhibit Certificate of Good Standing) (Greer, Michael) |
| Filing 22 NOTICE of Attorney Appearance by Michael D. Greer on behalf of Robert Rizetta, SouthState Bank (Greer, Michael) |
| Filing 21 TEXT NOTICE Cancelling Case Management Conference set for 2/1/24 re #20 Order Staying Case (no document attached) (rtc) |
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Filing 20
ORDER STAYING CASE DUE TO MOTION TO COMPEL ARBITRATION. Signed by Magistrate Judge Roy Percy on 1/25/24. (bnd)
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| Filing 19 MEMORANDUM IN SUPPORT re #18 MOTION to Compel Arbitration filed by CMH Homes, Inc., Stephen Flynn. (Quinn, James) |
| Filing 18 MOTION to Compel Arbitration by CMH Homes, Inc., Stephen Flynn. (Attachments: #1 Exhibit 1-Declaration of Stephen Flynn, #2 Exhibit 1-A-Binding Dispute Resolution Agreement, #3 Exhibit 2-Construction Industry Arbitration Rules) (Quinn, James) |
| Filing 17 NOTICE OF SERVICE of Initial Disclosures by Lauren Elizabeth Ward on behalf of Mike Long, Mobile Home Mike, LLC to All Parties. (Ward, Lauren) |
| CLERK'S NOTICE of Past Due Answer as to South State Bank (jla) |
| CLERK'S NOTICE of Incomplete Process as to Robert Rizetta (jla) |
| Filing 16 ANSWER to State Court Complaint by Franklin Structures, LLC. (Kidd, D.) |
| Filing 15 Separate ANSWER to State Court Complaint by Mobile Home Mike, LLC. (Stacy, Robert) |
| Filing 14 Separate ANSWER to State Court Complaint by Mike Long. (Stacy, Robert) |
| Filing 13 STATE COURT RECORD - REMOVAL. (Attachments: #1 Exhibit A Docket Report Chancery, #2 Exhibit 2-Civil Cover Sheet, #3 Exhibit 3-Petition for Rescission, #4 Exhibit 4-Rule 4 Summons CMH Homes, Inc, #5 Exhibit 5-Rule 4 Summons Stephen Flynn, #6 Exhibit 6-Rule 4 Summons Franklin Structures LLC, #7 Exhibit 7-Rule 4 Summons South State Bank, #8 Exhibit 8-Rule 4 Summons Robert Rizzetta, #9 Exhibit 9-Rule 4 Summons Mobile Home Mike, #10 Exhibit 10-Rule 4 Summons Mike Long, #11 Exhibit 11-Affidavit of Service Mike Long, #12 Exhibit 12-Affidavit of Service Mobile Home Mike, #13 Exhibit 13-Affidavit of Service Stephen Flynn, #14 Exhibit 14-Affidavit of Service South State Bank, #15 Exhibit 15-Affidavit of Service Franklin Structures, #16 Exhibit 16-Affidavit of Service CMH Homes, Inc., #17 Exhibit 17-Affidavit of Service Robert Rizzetta, #18 Exhibit 18-Notice of Filing Notice of Removal) (Quinn, James) |
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Filing 12
ORDER granting #11 Motion for Extension of Time to Answer re #11 MOTION for Extension of Time to File Answer re #2 Complaint - State Court Franklin Structures, LLC answer due 1/17/2024. Signed by Magistrate Judge Roy Percy on 1/2/24. (bnd)
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| CLERK'S NOTICE re #10 State Court Record - Removal: Attorney to refile State Court Record as required by L.U.Civ.R. 5(b) and as described in the red docket text of Docket Entry #1 . (lgm) |
| Filing 11 MOTION for Extension of Time to File Answer re #2 Complaint - State Court by Franklin Structures, LLC. (Kidd, D.) Modified on 1/2/2024 (lgm). |
| Filing 10 DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE STATE COURT RECORD - REMOVAL. (Quinn, James) Modified on 1/2/2024 (lgm). |
| Filing 9 DISCLOSURE STATEMENT filed by CMH Homes, Inc. . (Quinn, James) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer re #7 MOTION for Extension of Time to File Answer re #2 Complaint - State Court Mike Long answer due 1/17/2024; Mobile Home Mike, LLC answer due 1/17/2024. Signed by Magistrate Judge Roy Percy on 12/26/23. (bnd)
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| Filing 7 MOTION for Extension of Time to File Answer re #2 Complaint - State Court by Mike Long, Mobile Home Mike, LLC. (Stacy, Robert) |
| Filing 6 NOTICE of Attorney Appearance by Lauren Elizabeth Ward on behalf of Mike Long, Mobile Home Mike, LLC (Ward, Lauren) |
| Filing 5 NOTICE of Attorney Appearance by Robert F. Stacy, Jr on behalf of Mike Long, Mobile Home Mike, LLC (Stacy, Robert) |
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Filing 4
INITIAL ORDER - RULE 16.1 Case Management Conference set for 2/1/2024 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 12/19/23. (rtc)
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| Filing 3 ANSWER to Complaint #2 by CMH Homes, Inc., Stephen Flynn. (Quinn, James) Modified on 12/19/2023 (lgm). |
| Filing 2 STATE COURT COMPLAINT against CMH Homes, Inc., Stephen Flynn, Franklin Structures, LLC, Mike Long, Mobile Home Mike, LLC, Robert Rizetta, SouthState Bank, and Unknown Surety Bond Holders, filed by Roxanne Esch, Cortland Esch. (lgm) |
| Filing 1 NOTICE OF REMOVAL by Stephen Flynn, CMH Homes, Inc. from Chancery Court of Pontotoc County, Mississippi, case number 23-cv-492-58-M. ( Filing fee $ 405 receipt number AMSNDC-2334474) Pursuant to Local Uniform Civil Rule 5(b) and the Administrative Procedures for Electronic Case Filing for the Northern District of Mississippi, the removing defendant must electronically file a copy of the entire state court record within 14 days of the date of removal. The state court record will be filed using the event State Court Record - Removal. Attach the Notice/Certificate of Filing State Court Record as the main document with each state court document attached as a separate PDF. All attachments must be clearly identified. The state court record can not be filed conventionally. filed by Stephen Flynn, CMH Homes, Inc.. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 Summons, #4 Exhibit A - State Court File, #5 Exhibit B - Sales Agreement, #6 Exhibit C - Consent of Mike Long and Mobile Home Mike, LLC, #7 Exhibit D - Consent of Franklin Structures, LLC., #8 Exhibit E - Consent of SouthState Bank and Robert Rizzetta) (lgm) |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Brown and Magistrate Judge Percy. (lgm) |
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