Trosclair v. Freedom Mortgage Corporation et al
Plaintiff: Bailey Trosclair
Defendant: Freedom Mortgage Corporation, Mortgage Research Center, L.L.C. doing business as Veterans United Home Loans, Secretary of Veterans Affairs and Vendor Resource Management, Inc.
Case Number: 1:2023cv00336
Filed: November 28, 2023
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Taylor B McNeel
Referring Judge: Robert P Myers
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 9, 2024 Filing 38 REPLY to Response to Motion re #27 MOTION for Judicial Notice re #26 Memorandum in Support,, filed by Mortgage Research Center, L.L.C. (Waltman, Gerald)
January 9, 2024 Filing 37 REPLY to Response to Motion re #25 MOTION to Dismiss filed by Mortgage Research Center, L.L.C. (Waltman, Gerald)
January 3, 2024 Filing 36 MEMORANDUM IN SUPPORT re #35 Response in Opposition #27 MOTION for Judicial Notice filed by Bailey Trosclair (Scholet, Savanna) Modified to add link to motion on 1/3/2024 (JCH).
January 3, 2024 Filing 35 Response in Opposition re #27 MOTION for Judicial Notice re #26 Memorandum in Support,, by Mortgage Research Center, L.L.C. (Waltman, Gerald) filed by Bailey Trosclair (Scholet, Savanna)
January 3, 2024 Filing 34 MEMORANDUM in Opposition re #25 MOTION to Dismiss filed by Bailey Trosclair (Attachments: #1 Exhibit Exhbit A. Letter to Veterans United, #2 Exhibit Exhibit B. USPS Tracking Results)(Scholet, Savanna)
January 3, 2024 Filing 33 REPLY to Response to Motion re #25 MOTION to Dismiss filed by Bailey Trosclair (Scholet, Savanna)
January 3, 2024 Filing 32 MEMORANDUM IN OPPOSITION re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Bailey Trosclair (Scholet, Savanna)
January 3, 2024 Filing 31 REPLY to Response to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Bailey Trosclair (Scholet, Savanna)
January 3, 2024 DOCKET ANNOTATION as to # 31 and # 33. Attorney is advised that these documents should have been filed as a Response to Motion, not a Reply, based on the title of the document. DOCKET ANNOTATION as to # 34. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to label each exhibit with a letter/number in future filings. Also, if choosing "exhibit" from the drop-down category box, it is not necessary to type in the word "exhibit" in the description, because that duplicates the description to read "exhibit exhibit" which is incorrect. DOCKET ANNOTATION as to # 36. Incorrect linkage made. The memorandum should be linked to the Motion for Judicial Notice. 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)
December 22, 2023 Filing 30 RESPONSE to Motion re #21 Joinder in Document filed by Bailey Trosclair (Scholet, Savanna)
December 20, 2023 Filing 29 MEMORANDUM in Support re #23 MOTION to Dismiss for Lack of Jurisdiction AMENDED filed by Freedom Mortgage Corporation (Cantor - PHV, Ileen)
December 20, 2023 DOCKET ANNOTATION as to # 26: Advising attorney that in the future, upon selecting Exhibit from the Category Box, the word Exhibit or Ex should not be included in the description box. (RLW)
December 19, 2023 Filing 28 Corporate Disclosure Statement by Mortgage Research Center, L.L.C. (Waltman, Gerald)
December 19, 2023 Filing 27 MOTION for Judicial Notice re #26 Memorandum in Support,, by Mortgage Research Center, L.L.C. (Waltman, Gerald)
December 19, 2023 Filing 26 MEMORANDUM IN SUPPORT re #25 MOTION to Dismiss filed by Mortgage Research Center, L.L.C. (Attachments: #1 Exhibit Ex. A - Deed of Trust, #2 Exhibit Ex. B - Deficiency Notices, #3 Exhibit Ex. C - First Class Letter Sent on August 1, 2022, #4 Exhibit Ex. D - Assignment of Deed of Trust, #5 Exhibit Ex. E - Substitution of Trustee, #6 Exhibit Ex. F - Substituted Trustee's Deed, #7 Exhibit Ex. G - Notice of Sale, #8 Exhibit Ex. H - Dismissal of Eviction Proceedings, #9 Exhibit Ex. I - Quitclaim Deed)(Waltman, Gerald)
December 19, 2023 Filing 25 MOTION to Dismiss by Mortgage Research Center, L.L.C. (Waltman, Gerald)
December 19, 2023 DOCKET ANNOTATION as to # 23. L.U.Civ.R. 7(b)(2) 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. Also, documents filed as exhibits must include an exhibit sticker on the document identifying each exhibit. It is not necessary to refile. (JCH)
December 18, 2023 Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Freedom Mortgage Corporation (Cantor - PHV, Ileen)
December 18, 2023 Filing 23 MOTION to Dismiss for Lack of Jurisdiction by Freedom Mortgage Corporation (Attachments: #1 Exhibit Copy of promissory note, #2 Exhibit Composite exhibit of notices to plaintiff, #3 Exhibit 2-20-23 assignment of mortgage from MERS to Veterans United, #4 Exhibit Substitution of Trustee, #5 Exhibit Filed proposed notice of sale, #6 Exhibit Proof of sale publication, #7 Exhibit Notice of sale sent to Plaintiff with proof of sending, #8 Exhibit Substitute Trustee Deed, #9 Exhibit Recorded quitclaim deed to Secretary of Veterans Affairs)(Cantor - PHV, Ileen)
December 15, 2023 Filing 22 RESPONSE to Motion re #21 Joinder in Document, #18 MOTION to Dismiss filed by Bailey Trosclair (Scholet, Savanna)
December 14, 2023 Filing 21 Joinder in Document by Secretary of Veterans Affairs to #18 MOTION to Dismiss filed by Vendor Resource Management, Inc. (Graves, James)
December 12, 2023 DOCKET ANNOTATION as to # 19. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to label each exhibit with a letter/number in future filings. (JCH)
December 11, 2023 Filing 20 ANSWER to Complaint (Notice of Removal) by Vendor Resource Management, Inc. (Nixon, Steven)
December 11, 2023 Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss filed by Vendor Resource Management, Inc. (Attachments: #1 Exhibit A (Notice of Dismissal of Eviction Case), #2 Exhibit B (Quitclaim Deed from VA to Freedom Mortgage))(Nixon, Steven)
December 11, 2023 Filing 18 MOTION to Dismiss by Vendor Resource Management, Inc. (Nixon, Steven)
December 8, 2023 Filing 17 NOTICE of Service of Process by Bailey Trosclair (Attachments: #1 Affidavit and summons)(Scholet, Savanna)
December 6, 2023 Filing 16 **DISREGARD**SUMMONS Returned Executed by Bailey Trosclair. Secretary of Veterans Affairs served on 11/27/2023, answer due 12/18/2023. (Scholet, Savanna) Modified on 12/6/2023 (JCH).
December 6, 2023 DOCKET ANNOTATION as to # 16. Attorney is advised that lower court summons returns should not be filed as "Summons Return Executed", but a generic Notice should be filed and the lower court summons can be attached to the Notice as an attachment. This document will be disregarded on the docket. (JCH)
December 6, 2023 ***Answer Deadline terminated. (JCH)
December 5, 2023 Filing 15 ANSWER to Complaint by Secretary of Veterans Affairs.(Graves, James)
December 5, 2023 Opinion or Order TEXT ONLY ORDER granting #14 Unopposed Motion for Extension of Time to File Answer. Defendant Vendor Resource Management, Inc.'s answer or other responsive pleading is due 12/19/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on December 5, 2023 (pl)
December 5, 2023 DOCKET ANNOTATION as to # 15. 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 future filings. (JCH)
December 4, 2023 Filing 14 Unopposed MOTION for Extension of Time to File Answer to Amended Complaint by Vendor Resource Management, Inc. (Nixon, Steven)
December 4, 2023 Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal,,, (Amended Complaint at DE 1-2, pp. 45-51) by Mortgage Research Center, L.L.C. (Waltman, Gerald)
December 4, 2023 Opinion or Order TEXT ONLY ORDER granting #13 Unopposed Motion for Extension of Time to File Answer. Defendant Mortgage Research Center, L.L.C.'s answer or other responsive pleading is due 12/19/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on December 4, 2023 (pl)
December 4, 2023 Opinion or Order TEXT ONLY ORDER granting #12 Unopposed Motion for Extension of Time to File Response/Reply. Defendant Freedom Mortgage Corporation's answer or other responsive pleading is due 12/18/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on December 4, 2023 (pl)
December 1, 2023 Filing 12 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,,, (Amended Complaint at DE 1-2, pp. 45-51) by Freedom Mortgage Corporation (Cantor - PHV, Ileen)
November 30, 2023 Opinion or Order Filing 11 ORDER granting #10 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on November 30, 2023 (pl)
November 30, 2023 DOCKET ANNOTATION as to # 10. 1.) Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. Clerk's Office saved the pdf in the correct format and replaced the incorrectly saved Application. 2.) Certificate of Good Standing should have been scanned separately and attached as an "Attachment" to the Application within the same docket entry. Attorney does not need to re-file, but should follow these procedures in future filings. (JCH)
November 29, 2023 Filing 10 MOTION for Ileen J. Cantor to Appear Pro Hac Vice by Freedom Mortgage Corporation (Miller, Eric) (Main Document 10 replaced on 11/30/2023) (JCH).
November 29, 2023 Filing 9 Joinder in Document by Freedom Mortgage Corporation to #1 Notice of Removal,,, filed by Mortgage Research Center, L.L.C. (Miller, Eric)
November 29, 2023 Filing 8 NOTICE of Appearance by Eric C. Miller on behalf of Freedom Mortgage Corporation (Miller, Eric)
November 29, 2023 Filing 7 Joinder in Document by Secretary of Veterans Affairs to #1 Notice of Removal,,, filed by Mortgage Research Center, L.L.C. (Graves, James)
November 29, 2023 Filing 6 NOTICE of Appearance by Terrence Kent Knister on behalf of Mortgage Research Center, L.L.C. (Knister, Terrence)
November 29, 2023 Filing 5 Joinder in Document by Secretary of Veterans Affairs to #1 Notice of Removal,,, filed by Mortgage Research Center, L.L.C. (Graves, James)
November 29, 2023 Filing 4 NOTICE of Appearance by James Earl Graves, III on behalf of Secretary of Veterans Affairs (Graves, James)
November 29, 2023 Pro Hac Vice fee paid for Ileen J. Cantor receipt number AMSSDC-5278009 $ 100 (Miller, Eric)
November 28, 2023 Filing 3 Joinder in Document by Vendor Resource Management, Inc. to #1 Notice of Removal,,, filed by Mortgage Research Center, L.L.C. (Nixon, Steven)
November 28, 2023 Filing 2 NOTICE of Appearance by Steven Price Nixon on behalf of Vendor Resource Management, Inc. (Nixon, Steven)
November 28, 2023 Filing 1 NOTICE OF REMOVAL by Mortgage Research Center, L.L.C. from Circuit Court of Harrison Co., MS, 2nd Jud. Dist., case number A240223202 LPD. (Filing fee $402.00, receipt number 5276356) 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 - State Court Complaint, #2 Exhibit B - State Court Record, #3 Exhibit C - Harrison County 2023 Property Tax Information, #4 Exhibit D - Consents/Joinders to Removal, #5 Exhibit D - Notice of Filing of Removal, #6 Civil Cover Sheet) (RLW)

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Plaintiff: Bailey Trosclair
Represented By: Savanna B. Scholet
Represented By: Savanna Trosclair Scholet
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Defendant: Freedom Mortgage Corporation
Represented By: Eric C. Miller
Represented By: Ileen J. Cantor - PHV
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Defendant: Mortgage Research Center, L.L.C. doing business as Veterans United Home Loans
Represented By: Gerald Waltman, III
Represented By: Terrence Kent Knister
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Defendant: Secretary of Veterans Affairs
Represented By: James Earl Graves, III
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Defendant: Vendor Resource Management, Inc.
Represented By: Steven Price Nixon
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