Mosby v. King et al
| TD Auto Finance LLC formerly known as DaimlerChrysler Financial Services Americas LLC, Chrysler Financial Services Americas LLC, InLaneEdge, ReMarketingEdge doing business as ReMarketing Edge, Jehlani King, AT&T Mobility Services, LLC, Huntington National Bank, Wells Fargo Bank, National Association formerly known as Wells Fargo Dealer Services doing business as Wells Fargo Auto, Fedex Exmployees Credit Union, Cingular Wireless Employee Services, LLC, American Express Company, Okpala Manneh, DaimlerChrysler Financial Services Americas LLC, Chrysler Financial Services Americas LLC, InLaneEdge, ReMarketingEdge, Capital One National Association, Trantor Management, Inc. doing business as Trantor Atlantic Lofts, Synchrony Financial, John Doe Individuals, DCFS USA LLC, Huntington Bancshares Incorporated, Wells Fargo Dealer Services, Carmax Business Services, LLC doing business as CarMax Auto Finance, Wayfair, LLC, Bank of America Corporation, John Doe Corporations, Unifi Equipment Finance and Bank of America, N.A. |
| Mercedes-Benz Financial Services USA LLC, FedEx Employees Credit Association Federal Credit Union and Fedex Employees Credit Union |
| Ashley Mosby |
| 4:2020cv00149 |
| August 24, 2020 |
| US District Court for the Northern District of Mississippi |
| Michael P Mills |
| David A Sanders |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 108
ORDER CLOSING CASE. CASE CLOSED. Signed by Senior Judge Michael P. Mills on 5/30/23. (jla)
|
| Filing 107 STIPULATION For Entry of Declaratory Judgment by Mercedes-Benz Financial Services USA LLC. (Bumgarner, Stephen) |
| Filing 106 STIPULATION of Dismissal Agreed Stipulation of Dismissal With Prejudice. (Hopson, Derek) |
| Filing 105 NOTICE of Voluntary Dismissal by Derek D. Hopson on behalf of Ashley Mosby (Hopson, Derek) |
| Filing 104 Minute Entry for proceedings held before Magistrate Judge David A. Sanders: Status Conference held on 2/3/2023. (def) |
| Filing 103 STIPULATION of Dismissal . (Springfield, R.) |
| Filing 102 NOTICE of Conference:Telephonic Status Conference set for 2/3/2023 10:00 AM in Amory Tele-Conference before Magistrate Judge David A. Sanders. Call in number 877-336-1839, Access code 6893215 (def) |
|
Filing 101
ORDER LIFTING STAY. Signed by Magistrate Judge David A. Sanders on 1/23/23. (def)
|
|
Filing 100
ORDER REOPENING CASE. Signed by Senior Judge Michael P. Mills on 1/18/23. (jla)
|
| Filing 99 NOTICE by Stephen J. Bumgarner on behalf of Mercedes-Benz Financial Services USA LLC re #98 Order, Terminate Civil Case (Attachments: #1 Exhibit "A" Order of Discharge, #2 Exhibit "B" Order Closing Case) (Bumgarner, Stephen) |
|
Filing 98
ORDER administratively closing case. CASE CLOSED.. Signed by Senior Judge Michael P. Mills on 1/13/23. (jla)
|
|
Filing 97
ORDER dismissing without prejudice to refiling after stay is lifted #92 Motion for Summary Judgment; CASE STAYED. Signed by Senior Judge Michael P. Mills on 1/28/2022. (mdkb) Modified on 2/1/2022 (jla).
|
| Filing 96 NOTICE Cancelling Case Management Conference set for August 30, 2021 at 10:00 a.m. (def) |
| Filing 95 SUGGESTION OF BANKRUPTCY Upon the Record . (Attachments: #1 Exhibit A - Notice of Bankruptcy Filing) (Hopson, Derek) |
| CLERK'S NOTICE OF CORRECTION re #92 MOTION for Summary Judgment ; L.U.Civ.R. 7(b)(2) and AdministrativeProcedures Section 3(A)(8) states that all supporting exhibits must be denominated by both an exhibit letter or number and a meaningful description. Court staff has made the correction; Attorney will be directed to refile in the future. (jla) |
| Filing 94 CORPORATE STATEMENT of FedEx Employees Credit Union (Robinson, Brittan) Modified on 8/18/2021 (jla). Modified on 8/18/2021 (jla). |
| Filing 93 MEMORANDUM IN SUPPORT re #92 MOTION for Summary Judgment . (Robinson, Brittan) |
| Filing 92 MOTION for Summary Judgment by FedEx Employees Credit Union. (Attachments: #1 Exhibit A - Application for Visa Charge Card, #2 Exhibit B - Visa Consumer Agreement and Disclosure Form, #3 Exhibit C - Monthly Statements for Charge Card Account) (Robinson, Brittan) Modified on 8/18/2021 (jla). Modified on 8/18/2021 (jla). |
|
Filing 91
INITIAL ORDER - RULE 16.1Telephonic Case Management Conference set for 8/30/2021 at 10:00 AM from Amory Tele-Conference before Magistrate Judge David A. Sanders. Proposed Case Management Order and the parties' Confidential Settlement Memos are due no later than 8/16/2021. ***PLEASE READ THE INITIAL ORDER CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION RELATED TO THE SUBMISSION OF THE PROPOSED CMO AND THE CONFIDENTIAL SETTLEMENT MEMOS*** Signed by Magistrate Judge David A. Sanders on 7/26/2021. (jf)
|
| Filing 90 RESPONSE in Opposition re #88 MOTION for Entry of Default (by Mercedes-Benz Financial Services USA LLC to the Clerk) filed by Ashley Mosby. (Hopson, Derek) |
| Filing 89 ANSWER to #80 Answer to Complaint, Counterclaim against Ashley Mosby by Mercedes-Benz Financial Services USA LLC by Ashley Mosby. (Hopson, Derek) |
| CLERK'S NOTICE OF CORRECTION Attorney to file affidavit in support of request as required by F.R.Civ.P.55(a) re #88 MOTION for Entry of Default (tab) |
| Filing 88 MOTION for Entry of Default by Mercedes-Benz Financial Services USA LLC. (Bumgarner, Stephen) |
| Filing 87 CLERK'S NOTICE of Incomplete Process as to Jehlani King, Trantor Management, Inc., and Bank of America Corporation (jla) |
|
Filing 86
ORDER granting #53 Motion to Dismiss. Signed by District Judge Michael P. Mills on 2/22/2021. (jwr)
|
|
Filing 85
ORDER granting #39 Motion to Dismiss. Signed by District Judge Michael P. Mills on 2/22/2021. (jwr)
|
|
Filing 84
ORDER granting #57 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Michael P. Mills on 2/22/2021. (jwr)
|
|
Filing 83
ORDER granting #35 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Michael P. Mills on 2/22/2021. (jwr)
|
|
Filing 82
ORDER granting #32 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Michael P. Mills on 2/22/2021. (jwr)
|
| Filing 81 CLERK'S NOTICE of Incomplete Process as to Jehlani King and Trantor Management, Inc. (jla) |
| Filing 80 COUNTERCLAIM against Ashley Mosby by Mercedes-Benz Financial Services USA LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bumgarner, Stephen) |
|
Filing 79
ORDER of Dismissal; Bank of America, N.A. dismissed with prejudice, Bank of America, N.A. terminated.. Signed by District Judge Michael P. Mills on 2/9/2020. (jla) (Main Document 79 replaced on 2/10/2021) (jla).
|
| Filing 78 NOTICE by Derek D. Hopson on behalf of Ashley Mosby, Ashley Mosby, Ashley Mosby re #77 Notice of Settlement & Voluntary Dismissal of Defendant Bank of America (Hopson, Derek) |
| Filing 77 NOTICE of Settlement by Stephen T. Masley on behalf of Bank of America, N.A. (Masley, Stephen) |
| Filing 76 NOTICE by Derek D. Hopson on behalf of Ashley Mosby Of Voluntary Dismissal As to Defendant American Express (Hopson, Derek) |
|
Filing 75
ORDER granting #72 Motion for Extension of Time to File Response/Reply. Defendant Bank of America, NA shall answer or otherwise respond to the plaintiff's complaint not later than February, 2021. Signed by Magistrate Judge David A. Sanders on 1/13/21. (def)
|
| Filing 74 CLERK'S NOTICE of Incomplete Process as to Jehlani King and Trantor Management, Inc. (jla) |
| Filing 73 CLERK'S NOTICE of Past Due Answer as to American Express Company (jla) |
| Filing 72 Fourth MOTION for Extension of Time to File Response/Reply as to #1 Complaint (Unopposed) by Bank of America, N.A.. (Masley, Stephen) |
|
Filing 71
TEXT ONLY ORDER granting #60 Motion for Extension of Time to File Response/Reply. Response is due January 6, 2021. No further written order shall issue from the court. Signed by Magistrate Judge David A. Sanders on 21/11/2020. No document attached. (def) Modified on 12/11/2020 (jla).
|
| Set Deadlines/Hearings: Bank of America, N.A. answer due 1/6/2021. (jla) |
|
Filing 70
ORDER granting #66 Motion for Extension of Time to File Response re #32 MOTION TO DISMISS of Wells Fargo Bank ; granting #67 Motion for Extension of Time to File Response re #35 MOTION TO DISMISS of Mercedes-Benz Financial Services USA LLC; granting #68 Motion for Extension of Time to File Response re #39 MOTION TO DISMISS of Synchrony Financial; granting #69 Motion for Extension of Time to File Response re #53 MOTION to Dismiss of TD Auto Finance, LLC. Responses to [32, 35, 39, and 53] due on or before 12/31/2020. Signed by District Judge Michael P. Mills on 12/10/20. (ab)
|
| Filing 69 MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Dismiss by Ashley Mosby. (Hopson, Derek) |
| Filing 68 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss by Ashley Mosby. (Hopson, Derek) |
| Filing 67 MOTION for Extension of Time to File Response/Reply as to #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ashley Mosby. (Hopson, Derek) |
| Filing 66 MOTION for Extension of Time to File Response/Reply as to #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ashley Mosby. (Hopson, Derek) |
|
Filing 65
ORDER granting #64 Motion for Extension of Time to File Response to #57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 12/30/2020. Signed by District Judge Michael P. Mills on 12/9/20. (ab)
|
| Filing 64 MOTION for Extension of Time to File Response/Reply as to #58 Memorandum in Support, #57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ashley Mosby. (Hopson, Derek) |
| Filing 63 NOTICE of Settlement (Conditional) by R. Frank Springfield on behalf of Carmax Business Services, LLC (Springfield, R.) |
|
Filing 62
ORDER of Dismissal with Prejudice of Capital One Bank (USA), N.A., Capital One National Association terminated.. Signed by District Judge Michael P. Mills on 12/7/20. (jla)
|
| Filing 61 NOTICE by Derek D. Hopson on behalf of Ashley Mosby, Ashley Mosby, Ashley Mosby of Voluntary Dismissal of Capital One (Hopson, Derek) |
| Filing 60 Third MOTION for Extension of Time to File Response/Reply as to #1 Complaint (Unopposed) by Bank of America, N.A.. (Masley, Stephen) |
|
Filing 59
TEXT ONLY ORDER granting #46 Motion for Extension of Time to Answer American Express Company answer due 12/8/2020. No further written order shall issue from the court. No document attached. Signed by Magistrate Judge David A. Sanders on 12/4/20. (def) Modified on 12/4/2020 (jla).
|
| Filing 58 MEMORANDUM IN SUPPORT re #57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Burton, Elizabeth) |
| Filing 57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Huntington National Bank. (Attachments: #1 Exhibit) (Burton, Elizabeth) |
|
Filing 56
ORDER granting #55 Motion for Extension of Time to Answer Capital One National Association answer due 12/8/2020.. Signed by Magistrate Judge David A. Sanders on 11/29/20. (def)
|
| Filing 55 Third MOTION for Extension of Time to File Answer re #1 Complaint (UNOPPOSED) by Capital One National Association. (Beckett, Patrick) |
| Filing 54 MEMORANDUM IN SUPPORT re #53 MOTION to Dismiss filed by TD Auto Finance LLC. (Hembree, George) |
| Filing 53 MOTION to Dismiss by TD Auto Finance LLC. (Hembree, George) |
| Filing 52 CORPORATE STATEMENT of Defendant, TD Auto Finance, LLC. (Hembree, George) |
| Filing 51 CORPORATE STATEMENT . (Bey, Sheryl) |
|
Filing 50
ORDER granting #48 Motion for Extension of Time to Answer Capital One National Association answer due 11/24/2020. Signed by Magistrate Judge David A. Sanders on 11/18/20. (def)
|
| Filing 49 CORPORATE STATEMENT The Huntington National Bank. (Burton, Elizabeth) |
| Filing 48 MOTION for Extension of Time to File Answer re #1 Complaint (UNOPPOSED) by Capital One National Association. (Beckett, Patrick) |
|
Filing 47
ORDER granting #44 Motion for Extension of Time to File Answer or other response to the complaint. Response to be filed not later than December 7. 2020. Signed by Magistrate Judge David A. Sanders on 11/10/20. (def)
|
| Filing 46 MOTION for Extension of Time to File Answer to Plaintiff's Complaint by American Express Company. (Keup, Morgan) |
|
Filing 45
ORDER dismissing Defendant AT&T Mobility Services, LLC, with prejudice. Signed by District Judge Michael P. Mills on 11/5/2020. (jwr)
|
| Filing 44 Second MOTION for Extension of Time to File Response/Reply as to #1 Complaint (Unopposed) by Bank of America, N.A.. (Masley, Stephen) |
| Filing 43 STIPULATION of Dismissal . (Dorsey, Brandon) |
| Filing 42 CORPORATE STATEMENT . (Bumgarner, Stephen) |
| Filing 41 CORPORATE STATEMENT . (Hembree, George) |
| Filing 40 MEMORANDUM IN SUPPORT re #39 MOTION to Dismiss filed by Synchrony Financial. (Hembree, George) |
| Filing 39 MOTION to Dismiss by Synchrony Financial. (Hembree, George) |
| Filing 38 NOTICE of Attorney Appearance by Brandon I. Dorsey on behalf of AT&T Mobility Services, LLC (Dorsey, Brandon) |
| Filing 37 MEMORANDUM IN SUPPORT re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Bumgarner, Stephen) |
| CLERK'S NOTICE OF CORRECTION ACTION REQUIRED Document filed incorrectly as a motion instead of memorandum in support; re-file using event memorandum in support list under Other Documents on the civil events menu re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Points and Authorities in Support (tab) |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Points and Authorities in Support by Mercedes-Benz Financial Services USA LLC. (Bumgarner, Stephen) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mercedes-Benz Financial Services USA LLC. (Bumgarner, Stephen) |
| Filing 34 NOTICE by Derek D. Hopson on behalf of Ashley Mosby Of Voluntary Dismissal As to Defendant Wayfair LLC (Hopson, Derek) |
| Filing 33 MEMORANDUM IN SUPPORT re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wells Fargo Bank, National Association. (Bey, Sheryl) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wells Fargo Bank, National Association. (Attachments: #1 Exhibit 1 - Executed Escalade Contract, #2 Exhibit 2 - Executed Bentley Contract) (Bey, Sheryl) |
|
Filing 31
ORDER granting #19 Motion for Extension of Time to Answer Capital One National Association answer due 11/10/2020.. Signed by Magistrate Judge David A. Sanders on 10/20/20. (def)
|
| Filing 30 NOTICE of Attorney Appearance by Stephen J. Bumgarner on behalf of Mercedes-Benz Financial Services USA LLC (Bumgarner, Stephen) |
|
Filing 29
ORDER granting #28 Motion for Extension of Time to Answer Mercedes-Benz Financial Services USA LLC answer due 10/30/2020. Signed by Magistrate Judge David A. Sanders on 10/15/20. (def)
|
| Filing 28 Amended MOTION for Extension of Time to File Answer re #11 MOTION for Extension of Time to File Answer (Unopposed) by Mercedes-Benz Financial Services USA LLC. (Parrott, Evan) |
| Filing 27 COUNTER-DEFENDANT MOSBY'S ANSWER to #12 Answer to Complaint, Counterclaim THE HUNTINGTON NATIONAL BANK by Ashley Mosby. (Hopson, Derek) |
| Filing 26 COUNTER-DEFENDANT MOSBY'S ANSWER to #10 Answer to Complaint, Counterclaim FEDEX EMPLOYEES CREDIT ASSOC FED CREDIT UNION by Ashley Mosby. (Hopson, Derek) |
| Filing 25 NOTICE of Attorney Appearance by Morgan McPhail Keup on behalf of American Express Company (Keup, Morgan) |
| Filing 24 Summons Issued as to Ashley Mosby (as to #10 COUNTERCLAIM; emailed to Attorney for service. (jla) |
|
Filing 23
ORDER granting #16 Motion for Extension of Time to Answer American Express Company answer due 11/8/2020. Signed by Magistrate Judge David A. Sanders on 10/14/20. (def)
|
| Filing 22 NOTICE of Attorney Appearance by La'Toyia Jenessa Slay on behalf of Capital One National Association (Slay, La'Toyia) |
| Filing 21 NOTICE of Attorney Appearance by John Dollarhide on behalf of Capital One National Association (Dollarhide, John) |
|
Filing 20
ORDER granting #15 Motion for Extension of Time. Defendant, Bank of America, N.A., shall respond to the complaint not later than November 6, 2020. Signed by Magistrate Judge David A. Sanders on 10/9/20. (def)
|
| Filing 19 Consent MOTION for Extension of Time to File Answer by Capital One National Association. (Beckett, Patrick) |
| Filing 18 NOTICE of Attorney Appearance by George D. Hembree, III on behalf of Synchrony Financial (Hembree, George) |
| Filing 17 WAIVER OF SERVICE Returned Executed ; Synchrony Financial waiver sent on 9/9/2020. (Hembree, George) |
| Filing 16 MOTION for Extension of Time to File Answer re #1 Complaint Unopposed by American Express Company. (Keup, Morgan) Modified on 10/13/2020 (jla). |
| Filing 15 MOTION for Extension of Time to Respond to Complaint (Unopposed) by Bank of America, N.A.. (Bentley, Stephanie) |
| Filing 14 NOTICE of Attorney Appearance by George D. Hembree, III on behalf of TD Auto Finance LLC (Hembree, George) |
| Filing 13 WAIVER OF SERVICE Returned Executed ; TD Auto Finance LLC waiver sent on 9/28/2020. (Hembree, George) |
| Filing 12 The Huntington National Bank's ANSWER to #1 Complaint , COUNTERCLAIM against Ashley Mosby by Huntington National Bank. (Attachments: #1 Exhibit) (Burton, Elizabeth) |
| Filing 11 MOTION for Extension of Time to File Answer (Unopposed) by Mercedes-Benz Financial Services USA LLC. (Parrott, Evan) |
| CLERK'S NOTICE OF CORRECTION re #10 Answer to Complaint, Counterclaim; L.U.Civ.R. 7(b)2 and Administrative Procedures Section 3(A)(8) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (jla) |
| Filing 10 ANSWER to #1 Complaint , COUNTERCLAIM against Ashley Mosby by FedEx Employees Credit Association Federal Credit Union. (Attachments: #1 Exhibit, #2 Exhibit) (Robinson, Brittan) |
|
Filing 9
ORDER granting #5 Motion for Extension of Time to Answer Wells Fargo Bank, National Association answer due 11/14/2020.. Signed by Magistrate Judge David A. Sanders on 10/1/20. (def) Modified on 10/1/2020 (jla).
|
| Filing 8 NOTICE of Attorney Appearance by Elizabeth Windsor Burton on behalf of Huntington National Bank (Burton, Elizabeth) |
| Set/Reset Deadlines: Wells Fargo Bank, National Association answer due 11/14/2020. (jla) |
| Filing 7 WAIVER OF SERVICE Returned Executed ; Huntington National Bank waiver sent on 9/10/2020. (Burton, Elizabeth) |
| Filing 6 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint, #2 Summons Issued, (Wells Fargo Bank, National Association) Acknowledgment filed by Ashley Mosby. (Hopson, Derek) |
| Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint by Wells Fargo Bank, National Association. (Bey, Sheryl) |
| Filing 4 NOTICE of Attorney Appearance by Sheryl Bey on behalf of Wells Fargo Bank, National Association (Bey, Sheryl) |
| Filing 3 NOTICE by Derek D. Hopson on behalf of Ashley Mosby of Voluntary Dismissal of Defendant Unifi Equipment Finance (Hopson, Derek) |
| Filing 2 Summons Issued as to AT&T Mobility Services, LLC, American Express Company, Bank of America Corporation, Capital One National Association, Carmax Business Services, LLC, Fedex Exmployees Credit Union, Huntington National Bank, Jehlani King, Mercedes-Benz Financial Services USA LLC, Synchrony Financial, TD Auto Finance LLC, Trantor Management, Inc., Unifi Equipment Finance, Wayfair, LLC, Wells Fargo Bank, National Association. Emailed to attorney for service. (jwr) |
| Filing 1 COMPLAINT, Jury Demand, Filing fee $ 400, receipt number 0537-1843084, filed by Ashley Mosby. (Attachments: #1 Exhibit A - Notice of Return Check, #2 Exhibit B - Contract For Vehicles, #3 Civil Cover Sheet) (jwr) |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Mills and Magistrate Judge Sanders. (jwr) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Mississippi Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
