Estate of Betty Jean Alexander v. NewRez, LLC et al
| Estate of Betty Jean Alexander |
| NewRez, LLC formerly known as New Penn Financial, LLC doing business as Shellpoint Mortgage Servicing, New Penn Financial, LLC, Rubin Lublin, LLC, NEK Restaurant Holdings, LLC, Colony Park Condominium Association, Inc., William L. Peebles, Felicia D. Alexander and John Doe 1-5 |
| 1:2023cv00192 |
| August 9, 2023 |
| US District Court for the Southern District of Mississippi |
| Taylor B McNeel |
| Robert P Myers |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| DOCKET ANNOTATION as to #20: Advising attorney that the exhibit numbers should have also been included in the description box. Attorney is not required to re-file. (RLW) |
| Filing 22 MEMORANDUM IN OPPOSITION re #16 MOTION to Dismiss and for Sanctions MOTION for Sanctions filed by Estate of Betty Jean Alexander (Negrotto, Lewie) |
| Filing 21 Response in Opposition re #16 MOTION to Dismiss MOTION for Sanctions by Colony Park Condominium Association, Inc. (Holleman, Tim). Added MOTION for Sanctions on 9/14/2023 (JCH). filed by Estate of Betty Jean Alexander (Negrotto, Lewie) |
| Filing 20 AMENDED COMPLAINT against Felicia D. Alexander, Colony Park Condominium Association, Inc., John Doe 1-5, NEK Restaurant Holdings, LLC, NewRez, LLC, William L. Peebles, Rubin Lublin, LLC, filed by Estate of Betty Jean Alexander. (Attachments: #1 Exhibit Initial DOT, #2 Exhibit Condo Docs, #3 Exhibit Everbank Assignment, #4 Exhibit Loan Modification, #5 Exhibit Everhome Assignment, #6 Exhibit Green Tree Assignment, #7 Exhibit NewRez Assignment, #8 Exhibit Petition Estate, #9 Exhibit Peebles Letter, #10 Exhibit Loan History, #11 Exhibit Peebles Documents, #12 Exhibit Condo Lien, #13 Exhibit Appt of Sub Trustee, #14 Exhibit Subst Trustee Deed, #15 Exhibit SW Deed to NEK, #16 Exhibit Oath of Admin)(Negrotto, Lewie) |
| Filing 19 ATTACHMENT re #2 MOTION to Dismiss the Complaint by NewRez, LLC (Attachments: #1 Exhibit Substitute Exhibit A to Motion to Dismiss #2 )(Rushing, Stevie) |
| Filing 18 ANSWER to Complaint by William L. Peebles.(Hodges, Robert) |
| DOCKET ANNOTATION as to # 18. Attorney is advised that this document should have been filed as an "Answer to Complaint (Notice of Removal)", which can be found under the "Other Answers" category. Attorney does not need to re-file, but should follow this procedure in the future. (JCH) |
Filing 17
TEXT ONLY ORDER granting #12 Unopposed Motion for Extension of Time to File Answer. William L. Peebles answer due 9/22/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on September 14, 2023 (pl)
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| Filing 16 MOTION to Dismiss MOTION for Sanctions by Colony Park Condominium Association, Inc. (Holleman, Tim). Added MOTION for Sanctions on 9/14/2023 (JCH). |
| Filing 15 Joinder in Document by William L. Peebles to #1 Notice of Removal,,, filed by NewRez, LLC (Hodges, Robert) |
| DOCKET ANNOTATION as to # 13. Attorney is advised that this document was filed using the incorrect event. The document should be re-filed as a "Joinder in Document", which can be found under the "Other Documents" category. This document will be disregarded on the docket. (JCH) |
| DOCKET ANNOTATION as to # 16. This document requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. (JCH) |
| DOCKET ANNOTATION as to Text Only Order filed on 9/14/23. The Text Only Order was erroneously assigned a document number. This is a text only document and there is no document attached. (JCH) |
| Filing 14 NOTICE of Appearance by Robert Mark Hodges on behalf of William L. Peebles (Hodges, Robert) |
| Filing 13 **DISREGARD**NOTICE of Consent to Removal by William L. Peebles (Hodges, Robert) Modified on 9/14/2023 (JCH). |
| Filing 12 Unopposed MOTION for Extension of Time to File Answer by William L. Peebles (Cowan, Charles) |
| Filing 11 NOTICE of Appearance by Tim C. Holleman on behalf of Colony Park Condominium Association, Inc. (Holleman, Tim) |
| DOCKET ANNOTATION as to # 10. Attorney is advised that based on the title of this document and the case law throughout the pleading, it should have been filed as a Memorandum. Attorney is not required to re-file. (JCH) |
| Filing 10 REPLY to Response to Motion re #2 MOTION to Dismiss the Complaint filed by NewRez, LLC (Rushing, Stevie) |
| Filing 9 MOTION for Extension of Time to File Response/Reply as to #2 MOTION to Dismiss the Complaint by NewRez, LLC (Rushing, Stevie) |
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TEXT ONLY ORDER granting Defendant NewRez, LLC's #9 Unopposed Motion for Extension of Time. NewRez, LLC's reply in support of its Motion to Dismiss #2 is now due by 9/11/2023. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 9/6/2023. (KAB)
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| Filing 8 ANSWER to Complaint by NEK Restaurant Holdings, LLC.(Burwell, G.) |
| DOCKET ANNOTATION as to # 7. Incorrect linkage made. The Memorandum should be linked to the Motion to Dismiss. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (JCH) |
| Filing 7 MEMORANDUM IN SUPPORT re #6 Response in Opposition to #2 MOTION to Dismiss filed by Estate of Betty Jean Alexander (Negrotto, Lewie) Modified to add link to motion on 8/31/2023 (JCH). |
| Filing 6 RESPONSE in Opposition re #2 MOTION to Dismiss the Complaint filed by Estate of Betty Jean Alexander (Negrotto, Lewie) |
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TEXT ONLY ORDER granting #5 Motion for Extension of Time to File Answer. NEK Restaurant Holdings, LLC answer due 9/12/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on August 25, 2023 (SK)
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| Filing 5 MOTION for Extension of Time to File Answer by NEK Restaurant Holdings, LLC (Burwell, G.) |
| Filing 4 NOTICE of Appearance by G. Todd Burwell on behalf of NEK Restaurant Holdings, LLC (Burwell, G.) |
| Filing 3 MEMORANDUM IN SUPPORT re #2 MOTION to Dismiss the Complaint filed by NewRez, LLC (Rushing, Stevie) |
| Filing 2 MOTION to Dismiss the Complaint by NewRez, LLC (Attachments: #1 Exhibit A. Recorded Deed of Trust, #2 Exhibit B. Petition for Letters of Administration, #3 Exhibit C. Letters of Administration to F.Alexander, #4 Exhibit D. Letters of Administration to L.Alexander)(Rushing, Stevie) |
| Filing 1 NOTICE OF REMOVAL by NewRez, LLC from Circuit Court of Harrison Co., MS, 1st Jud. Dist., case number A2401-23-230, jury demand lower court. (Filing fee $402.00, receipt number 5183352) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Recorded Deed of Trust, #3 Exhibit C - State Court Record, #4 Civil Cover Sheet) (RLW) |
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