Collins v. Bank of New York Mellon, et al

Plaintiff: Rekena S. Collins
Defendant: Bayview Loan Servicing LLC and Bank of New York Mellon
Case Number: 1:2018cv00291
Filed: August 31, 2018
Court: US District Court for the Southern District of Mississippi
Office: Southern Office
Presiding Judge: John C Gargiulo
Referring Judge: Halil S Ozerden
Nature of Suit: Consumer Credit
Cause of Action: 15:1692
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on September 18, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2018 Filing 29 NOTICE of Voluntary Dismissal by Rekena S. Collins (Gibson, C.)
September 6, 2018 Opinion or Order TEXT ONLY ORDER granting #27 Motion to Withdraw and Substitution of Counsel. Jonathan G. Wilbourn and Sarah Edwards of the law firm of McGlinchey Stafford PLLC are granted leave to withdraw and terminated as counsel on the docket for Bayview Loan Servicing PLLC. John T. Rouse and Stephen T. Masley of the law firm of McGlinchey Stafford PLLC are substituted as counsel for Bayview Loan Servicing PLLC. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 9/6/18 (HM)
September 5, 2018 Filing 28 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 11/1/2018 at 9:30 AM before Magistrate Judge John C. Gargiulo. (AB)
September 4, 2018 Filing 27 MOTION to Withdraw as Attorney Jonathan Wilbourn and Sarah Edwards, MOTION to Substitute Attorney John T. Rouse and Stephen T. Masley by Bayview Loan Servicing LLC (Rouse, John)
September 4, 2018 Opinion or Order TEXT ONLY ORDER setting deadline. Plaintiff has until September 18, 2018, to move for a clerk's entry of default against the defendant(s) who have not answered or otherwise responded to the complaint, or to voluntarily dismiss these defendants. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 9/4/18 (HM)
August 31, 2018 Filing 26 Case transferred in from District of Louisiana Eastern; Case Number 2:18-cv-00396. Original file certified copy of transfer order and docket sheet received.
August 31, 2018 Opinion or Order Filing 25 ORDER AND REASONS: IT IS ORDERED that the above-captioned matter is TRANSFERRED to the Southern District of Mississippi, as set forth in document. Signed by Judge Ivan L.R. Lemelle on 8/31/2018.(jls) [Transferred from Louisiana Eastern on 8/31/2018.]
July 9, 2018 Filing 24 Correction of Docket Entry by Clerk re #22 Supplemental Memorandum by Rekena S. Collins. **Memorandum on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper.' Clerk has reduced image. No further action needed.** (jls) [Transferred from Louisiana Eastern on 8/31/2018.]
July 6, 2018 Filing 23 Supplemental Memorandum filed by Bayview Loan Servicing LLC in response to #21 Order re #14 MOTION to Dismiss under FRCP 12(b)(1) and 12(b)(6) . (Wilbourn, Jonathan) Modified text on 7/9/2018 (jls). [Transferred from Louisiana Eastern on 8/31/2018.]
July 6, 2018 Filing 22 Supplemental Memorandum by Rekena S. Collins in response to #21 Order re #14 Motion to Dismiss (Gibson, C.) Modified text/added link on 7/9/2018 (jls). (Main Document 22 replaced on 7/9/2018) (jls). [Transferred from Louisiana Eastern on 8/31/2018.]
June 27, 2018 Opinion or Order Filing 21 ORDER re #14 MOTION to Dismiss: IT IS ORDERED that the parties file supplemental memoranda, not to exceed five pages, about the propriety of transferring the above-captioned matter to the Southern District of Mississippi no later than 7/6/2018. Signed by Judge Ivan L.R. Lemelle on 6/26/2018.(jls) [Transferred from Louisiana Eastern on 8/31/2018.]
June 7, 2018 Filing 20 REPLY to Response to Motion filed by Bayview Loan Servicing LLC re #14 MOTION to Dismiss under FRCP 12(b)(1) and 12(b)(6). (jls) [Transferred from Louisiana Eastern on 8/31/2018.]
June 7, 2018 Opinion or Order Filing 19 ORDER GRANTING #18 Motion for Leave to File Reply Memorandum in Further Support of FRCP 12(C) and FRCP 12(B)(1) Motion to Dismiss. Signed by Judge Ivan L.R. Lemelle on 6/7/2018. (jls) [Transferred from Louisiana Eastern on 8/31/2018.]
June 6, 2018 Filing 18 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum re rec, doc. 14 by Bayview Loan Servicing LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Wilbourn, Jonathan) Modified text on 6/7/2018 (jls). [Transferred from Louisiana Eastern on 8/31/2018.]
May 30, 2018 Filing 17 Correction of Docket Entry by Clerk re #15 Response to Motion. **Document has been marked as 'Filed in Error'. Please see rec. doc. 16 for the corrected filing.** (jls) [Transferred from Louisiana Eastern on 8/31/2018.]
May 29, 2018 Filing 16 RESPONSE/MEMORANDUM in Opposition filed by Rekena S. Collins re #14 MOTION to Dismiss under FRCP 12(b)(1) and 12(b)(6) . (Gibson, C.) [Transferred from Louisiana Eastern on 8/31/2018.]
May 29, 2018 Filing 15 **FILED IN ERROR - See rec. doc. 16 for corrected filing** RESPONSE to Motion filed by Rekena S. Collins re #14 MOTION to Dismiss under FRCP 12(b)(1) and 12(b)(6) . (Gibson, C.) Modified text on 5/30/2018 (jls). [Transferred from Louisiana Eastern on 8/31/2018.]
May 15, 2018 Filing 14 MOTION to Dismiss under FRCP 12(b)(1) and 12(b)(6) by Bayview Loan Servicing LLC. Motion(s) will be submitted on 6/6/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order, #6 Notice of Submission)(Wilbourn, Jonathan) [Transferred from Louisiana Eastern on 8/31/2018.]
April 18, 2018 Filing 13 SUMMONS Returned Executed; Bank of New York Mellon served on 4/11/2018, answer due 5/2/2018. (Gibson, C.) [Transferred from Louisiana Eastern on 8/31/2018.]
April 12, 2018 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to Answer. IT IS ORDERED that defendant, Bayview Loan Servicing LLC, shall file responsive pleadings by 5/15/2018. Signed by Judge Ivan L.R. Lemelle on 4/12/2018. (sa) [Transferred from Louisiana Eastern on 8/31/2018.]
April 11, 2018 Filing 11 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint, by Bayview Loan Servicing LLC. (Attachments: #1 Proposed Order)Attorney Jonathan Gray Wilbourn added to party Bayview Loan Servicing LLC(pty:dft).(Wilbourn, Jonathan) [Transferred from Louisiana Eastern on 8/31/2018.]
April 3, 2018 Filing 10 SUMMONS Returned Executed; Bayview Loan Servicing LLC served on 4/3/2018, answer due 4/24/2018. (Gibson, C.) [Transferred from Louisiana Eastern on 8/31/2018.]
April 3, 2018 Filing 9 Summons Issued as to Bank of New York Mellon. (mm) [Transferred from Louisiana Eastern on 8/31/2018.]
April 2, 2018 Filing 8 Request of Summons Issued as to Bank of New York Mellon filed by Rekena S. Collins re #1 Complaint,. (Gibson, C.) [Transferred from Louisiana Eastern on 8/31/2018.]
March 29, 2018 Filing 7 Summons Issued as to Bank of New York Mellon, Bayview Loan Servicing LLC. (Attachments: #1 Summons)(jeg) [Transferred from Louisiana Eastern on 8/31/2018.]
March 29, 2018 Filing 6 Correction of Docket Entry by Clerk re #5 Request for Summons Issued, #4 Request for Summons Issued **Filing attorney did not properly format the pdf of the summons. The pdf should not have the green header nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. No further action necessary** (jeg) [Transferred from Louisiana Eastern on 8/31/2018.]
March 28, 2018 Filing 5 Request of Summons Issued as to Bayview Loan Servicing LLC filed by Rekena S. Collins re #1 Complaint,. (Gibson, C.) (Main Document 5 replaced on 3/29/2018) (jeg). [Transferred from Louisiana Eastern on 8/31/2018.]
March 28, 2018 Filing 4 Request of Summons Issued as to Bank of New York Mellon filed by Rekena S. Collins re #1 Complaint,. (Gibson, C.) (Main Document 4 replaced on 3/29/2018) (jeg). [Transferred from Louisiana Eastern on 8/31/2018.]
January 22, 2018 Filing 3 Correction of Docket Entry by Clerk re #1 Complaint. **1) Complaint on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper.' Clerk has reduced image. No further action needed. **2) Attachment had duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action.** (jls) [Transferred from Louisiana Eastern on 8/31/2018.]
January 22, 2018 Filing fee received from Rekena S Collins: $ 400.00 (Receipt no. 053L- 6598025 dated 1/12/2018) (jls) [Transferred from Louisiana Eastern on 8/31/2018.]
January 18, 2018 Filing 2 Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Daniel E. Knowles, III. (gk) [Transferred from Louisiana Eastern on 8/31/2018.]
January 18, 2018 Filing 1 COMPLAINT with jury demand against Bank of New York Mellon, Bayview Loan Servicing LLC (Fee previously paid) filed by Rekena S Collins. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Order granting Relief from Automatic Stay, #3 Exhibit B - 2016 Form 1099-A)Attorney C. Edward Gibson, IV added to party Rekena S Collins(pty:pla).(Gibson, C.) (Main Document 1 replaced on 1/22/2018) (jls). Modified text on 1/22/2018 (jls). [Transferred from Louisiana Eastern on 8/31/2018.]

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Defendant: Bayview Loan Servicing LLC
Represented By: Jonathan Gray Wilbourn
Represented By: Sarah E. Edwards
Represented By: Stephen T. Masley
Represented By: John T. Rouse
Represented By: Jonathan Gray *Wilbourn-TRANSFER ATTORNEY
Represented By: Sarah E. *Edwards-TRANSFER ATTORNEY
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Defendant: Bank of New York Mellon
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Plaintiff: Rekena S. Collins
Represented By: C. Edward Gibson, IV
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