Trosclair v. Freedom Mortgage Corporation et al
| Bailey Trosclair |
| 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. |
| 1:2023cv00336 |
| November 28, 2023 |
| US District Court for the Southern District of Mississippi |
| Taylor B McNeel |
| Robert P Myers |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| 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) |
| Filing 37 REPLY to Response to Motion re #25 MOTION to Dismiss filed by Mortgage Research Center, L.L.C. (Waltman, Gerald) |
| 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). |
| 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) |
| 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) |
| Filing 33 REPLY to Response to Motion re #25 MOTION to Dismiss filed by Bailey Trosclair (Scholet, Savanna) |
| Filing 32 MEMORANDUM IN OPPOSITION re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Bailey Trosclair (Scholet, Savanna) |
| Filing 31 REPLY to Response to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Bailey Trosclair (Scholet, Savanna) |
| 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) |
| Filing 30 RESPONSE to Motion re #21 Joinder in Document filed by Bailey Trosclair (Scholet, Savanna) |
| Filing 29 MEMORANDUM in Support re #23 MOTION to Dismiss for Lack of Jurisdiction AMENDED filed by Freedom Mortgage Corporation (Cantor - PHV, Ileen) |
| 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) |
| Filing 28 Corporate Disclosure Statement by Mortgage Research Center, L.L.C. (Waltman, Gerald) |
| Filing 27 MOTION for Judicial Notice re #26 Memorandum in Support,, by Mortgage Research Center, L.L.C. (Waltman, Gerald) |
| 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) |
| Filing 25 MOTION to Dismiss by Mortgage Research Center, L.L.C. (Waltman, Gerald) |
| 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) |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Freedom Mortgage Corporation (Cantor - PHV, Ileen) |
| 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) |
| Filing 22 RESPONSE to Motion re #21 Joinder in Document, #18 MOTION to Dismiss filed by Bailey Trosclair (Scholet, Savanna) |
| Filing 21 Joinder in Document by Secretary of Veterans Affairs to #18 MOTION to Dismiss filed by Vendor Resource Management, Inc. (Graves, James) |
| 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) |
| Filing 20 ANSWER to Complaint (Notice of Removal) by Vendor Resource Management, Inc. (Nixon, Steven) |
| 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) |
| Filing 18 MOTION to Dismiss by Vendor Resource Management, Inc. (Nixon, Steven) |
| Filing 17 NOTICE of Service of Process by Bailey Trosclair (Attachments: #1 Affidavit and summons)(Scholet, Savanna) |
| 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). |
| 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) |
| ***Answer Deadline terminated. (JCH) |
| Filing 15 ANSWER to Complaint by Secretary of Veterans Affairs.(Graves, James) |
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)
|
| 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) |
| Filing 14 Unopposed MOTION for Extension of Time to File Answer to Amended Complaint by Vendor Resource Management, Inc. (Nixon, Steven) |
| 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) |
|
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)
|
|
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)
|
| 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) |
|
Filing 11
ORDER granting #10 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert P. Myers, Jr on November 30, 2023 (pl)
|
| 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) |
| 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). |
| Filing 9 Joinder in Document by Freedom Mortgage Corporation to #1 Notice of Removal,,, filed by Mortgage Research Center, L.L.C. (Miller, Eric) |
| Filing 8 NOTICE of Appearance by Eric C. Miller on behalf of Freedom Mortgage Corporation (Miller, Eric) |
| 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) |
| Filing 6 NOTICE of Appearance by Terrence Kent Knister on behalf of Mortgage Research Center, L.L.C. (Knister, Terrence) |
| 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) |
| Filing 4 NOTICE of Appearance by James Earl Graves, III on behalf of Secretary of Veterans Affairs (Graves, James) |
| Pro Hac Vice fee paid for Ileen J. Cantor receipt number AMSSDC-5278009 $ 100 (Miller, Eric) |
| 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) |
| Filing 2 NOTICE of Appearance by Steven Price Nixon on behalf of Vendor Resource Management, Inc. (Nixon, Steven) |
| 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) |
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 Southern 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.
