Guerdan et al v. Community Bank of Mississippi et al
| Ashley C. Guerdan and Catherine E. Guerdan |
| Community Bank of Mississippi, Jason Sykes, M.B.I. Holdings, LLC, Michael Bishop, Ulist LLC, Linda Burleson, Brad Burleson, Caliber Home Loans, Inc., Pennymac Loan Services, LLC and John and Jane Doe Defendants A, B, C, D, and E |
| 3:2023cv00556 |
| August 25, 2023 |
| US District Court for the Southern District of Mississippi |
| Kristi H Johnson |
| Michael T Parker |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 49
ORDER denying Plaintiffs' #32 Motion to Stay; and granting in part and denying in part Defendant Caliber Home Loans, Inc.'s #35 Motion to Stay. Signed by District Judge Kristi H. Johnson on 10/20/2023. (KLB)
|
| Filing 48 REPLY to Response to Motion re #35 MOTION Urgent and Necessitous Motion to (1) Stay Deadline to Respond to Motion to Remand #24 and (2) Hold in Abeyance and Stay Consideration of Motion to Remand Pending Judge Wingate's Ruling on Motion for Consolidation filed in Guerdan I filed by Caliber Home Loans, Inc. (Rushing, Stevie) |
| DOCKET ANNOTATION as to #46 , #47 : Incorrect linkage made. [Rebuttal and MEMORANDUM IN SUPPORT] should be linked to [MOTION TO STAY PROCEEDINGS]. 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. (LAT) |
| Filing 47 MEMORANDUM IN SUPPORT re #46 Rebuttal, TO DEFENDANT PENNYMAC LOAN SERVICES, LLC'S #41 RESPONSE IN OPPOSITION TO PLAINTIFFS' OPPOSED #32 MOTION TO STAY PROCEEDINGS REGARDING DEFENDANT PENNYMAC LOAN SERVICES, LLC'S MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. 13) filed by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) Modified on 10/13/2023 (LAT). |
| Filing 46 Rebuttal re #41 Response in Opposition, TO PLAINTIFFS OPPOSED #32 MOTION TO STAY PROCEEDINGS REGARDING DEFENDANT PENNYMAC LOAN SERVICES, LLCS MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. 13) filed by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) Modified on 10/13/2023 (LAT). |
| DOCKET ANNOTATION as to #45 : Incorrect linkage made. [MEMORANDUM IN SUPPORT] should be linked to document #35 [MOTION]. 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. (LAT) |
| Filing 45 MEMORANDUM IN SUPPORT re #44 Response in Opposition to Motion, #35 MOTION Urgent and Necessitous Motion to (1) Stay Deadline to Respond to Motion to Remand #24 and (2) Hold in Abeyance and Stay Consideration of Motion to Remand Pending Judge Wingate's Ruling on Motion for Consolidation filed in Guerdan I filed by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) Modified on 10/11/2023 to reflect linkage with original motion (LAT). |
| Filing 44 RESPONSE in Opposition re #35 MOTION Urgent and Necessitous Motion to (1) Stay Deadline to Respond to Motion to Remand #24 and (2) Hold in Abeyance and Stay Consideration of Motion to Remand Pending Judge Wingate's Ruling on Motion for Consolidation filed in Guerdan I filed by Ashley C. Guerdan, Catherine E. Guerdan (Attachments: #1 Exhibit Exhibit 1- 0057_Ps' Urgent and Necessitous Motion for Reconsideration of the Courts 54 Order.03.27.23.pdf, #2 Exhibit Exhibit 2 - 0058_Ps' Memo in Support of Ps' Urgent and Necessitous Motion for Reconsideration re 54 .pdf, #3 Exhibit Exhibit 3. - 04.05.23.DocketTextOrder. Motion for Reconsideration et al.pdf, #4 Exhibit Exhibit 4 - 080_Ps' Response In Opposition to Defts' 78 Supplemental Brief.06.05.23.pdf, #5 Exhibit Exhibit 5 - 054_Order Denying Plaintiffs' Motion to Remand.03.21.23.pdf, #6 Exhibit Exhibit 6 - 05.05.23 ECF re Doc.78 with exhibit filed by State Auto.pdf)(Walker, John) |
| DOCKET ANNOTATION as to #42 : Incorrect linkage made. [MEMORANDUM in Support] should be linked to [MOTION to Stay Proceedings]. 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. (LAT) |
| Filing 43 Joinder in Document by Pennymac Loan Services, LLC to #35 MOTION Urgent and Necessitous Motion to (1) Stay Deadline to Respond to Motion to Remand #24 and (2) Hold in Abeyance and Stay Consideration of Motion to Remand Pending Judge Wingate's Ruling on Motion for Consolidation filed in Guerdan I filed by Caliber Home Loans, Inc. (Powers, Harris) |
| Filing 42 MEMORANDUM in Support re #41 Response in Opposition, #32 MOTION to Stay Proceedings filed by Pennymac Loan Services, LLC (Powers, Harris) Modified on 10/6/2023 to include linkage with original motion (LAT). |
| Filing 41 Response in Opposition re #32 MOTION to Stay Proceedings Regarding Defendant Pennymac Loan Services, LLC, Motion to Dismiss the Amended Complaint (Doc. 13) by Ashley C. Guerdan, Catherine E. Guerdan (Attachments: # 1 Exhibit Ex.1_ 09.20.23 ltr to Magistrate Judge Parker re a proposed order granting their Corrected Motion to Stay Proceedings, etc)(Walker, John) filed by Pennymac Loan Services, LLC (Powers, Harris) |
|
Filing 40
ORDER granting in part and denying in part #29 Corrected Motion to Stay Proceedings Pending this Courts Ruling on Plaintiffs Motion to Remand (Doc. 23) which corrects the Plaintiffs Motion to Stay Proceedings, Etc. (Doc. 25). Signed by Magistrate Judge Michael T. Parker on October 3, 2023. (ST)
|
|
TEXT ONLY ORDER denying as moot Plaintiffs' #25 Motion to Stay Proceedings. See docket entry #29 for Plaintiffs' corrected motion. NO FURTHER WRITTEN ORDER TO FOLLOW. Signed by District Judge Kristi H. Johnson on 9/29/2023. (KLB)
|
|
TEXT ONLY ORDER granting motion #37 as unopposed. For now, the response deadline is stayed. If the Court denies remand, the Plaintiffs will have 14 days from the Court's denial order to file their response to Defendant Caliber Home Loans Inc.'s #21 Motion to Dismiss the Amended Complaint. NO FURTHER WRITTEN ORDER TO FOLLOW. Signed by District Judge Kristi H. Johnson on 9/29/2023. (KLB)
|
| Filing 39 Rebuttal re #34 Response in Opposition filed by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) Modified on 9/29/2023 to add link to motion (ND). |
| Filing 38 MEMORANDUM IN SUPPORT re #37 Unopposed MOTION to Stay Proceedings Regarding Defendant Caliber Home Loans, Inc's Motion to Dismiss the Amended Complaint (Doc. 21) filed by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) |
| Filing 37 Unopposed MOTION to Stay Proceedings Regarding Defendant Caliber Home Loans, Inc's Motion to Dismiss the Amended Complaint (Doc. 21) by Ashley C. Guerdan, Catherine E. Guerdan (Attachments: #1 Exhibit Ex. 1-September 20, 2023 letter of John L. Walker, Esq. to Hon. Michael T. Parker, Mag. Judge, conveying prop Order Granting Ps Motion to Stay, Etc. (Doc. 29).pdf, #2 Exhibit Ex. 2_September 27, 2023 email of Stevie Rushing, Esq. to John L. Walker, Esq..pdf)(Walker, John) |
|
TEXT ONLY ORDER re: #35 Urgent and Necessitous Motion to Stay Deadline to Respond to Motion to Remand. Plaintiffs' response to this motion is due 10/10/2023, and Defendant's reply is due 10/17/2023. The Court will rule on the motion once briefing is complete. If the Court denies the requested relief, the deadline for any party to respond to the Motion to Remand is extended until 14 days after the Court rules on the pending #35 Urgent and Necessitous Motion to Stay Deadline to Respond to Motion to Remand. NO FURTHER WRITTEN ORDER TO FOLLOW. Signed by District Judge Kristi H. Johnson on 9/27/2023. (KLB)
|
| Filing 36 MEMORANDUM in Support re #35 MOTION Urgent and Necessitous Motion to (1) Stay Deadline to Respond to Motion to Remand #24 and (2) Hold in Abeyance and Stay Consideration of Motion to Remand Pending Judge Wingate's Ruling on Motion for Consolidation filed in Guerdan I filed by Caliber Home Loans, Inc. (Rushing, Stevie) (Main Document 36 replaced on 9/27/2023 due to ECF system error) (CO). Modified on 9/27/2023 (CO). |
| Filing 35 MOTION Urgent and Necessitous Motion to (1) Stay Deadline to Respond to Motion to Remand #24 and (2) Hold in Abeyance and Stay Consideration of Motion to Remand Pending Judge Wingate's Ruling on Motion for Consolidation filed in Guerdan I by Caliber Home Loans, Inc. (Attachments: #1 Exhibit 1. Guerdan I Amended Complaint, #2 Exhibit 2. Order Denying Motion to Remand, #3 Exhibit 3. Supplemental Brief, #4 Exhibit 4. Memorandum ISO MTD, #5 Exhibit 5. Complaint, #6 Exhibit 6. Motion for Consolidation Briefing)(Rushing, Stevie) (Main Document 35 and attachments 1-6 replaced on 9/27/2023 due to ECF system error) (CO). Modified on 9/27/2023 (CO). |
| Filing 34 Response in Opposition re #29 MOTION to Stay Proceedings (Corrected) by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) filed by Community Bank of Mississippi, Jason Sykes (Drinkwater, William) |
| Filing 33 MEMORANDUM in Support re #32 MOTION to Stay Proceedings Regarding Defendant Pennymac Loan Services, LLC, Motion to Dismiss the Amended Complaint (Doc. 13) filed by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) |
| Filing 32 MOTION to Stay Proceedings Regarding Defendant Pennymac Loan Services, LLC, Motion to Dismiss the Amended Complaint (Doc. 13) by Ashley C. Guerdan, Catherine E. Guerdan (Attachments: #1 Exhibit Ex.1_ 09.20.23 ltr to Magistrate Judge Parker re a proposed order granting their Corrected Motion to Stay Proceedings, etc)(Walker, John) |
|
TEXT ONLY ORDER granting #30 Motion to Appear Pro Hac Vice; granting #31 Motion to Appear Pro Hac Vice. Cheryl S. Chang and Jessica A. McElroy are hereby admitted pro hac vice upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on September 21, 2023 (KPM)
|
| Filing 31 MOTION for Jessica A. McElroy to Appear Pro Hac Vice by Pennymac Loan Services, LLC (Attachments: #1 Exhibit Certificate of Good Standing)(Powers, Harris) |
| Filing 30 MOTION for Cheryl S. Chang to Appear Pro Hac Vice by Pennymac Loan Services, LLC (Attachments: #1 Exhibit Certificate of Good Standing)(Powers, Harris) |
| Filing 29 MOTION to Stay Proceedings (Corrected) by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) |
| Pro Hac Vice fee paid for Jessica A. McElroy receipt number AMSSDC-5219058 $ 100 (Powers, Harris) |
| Pro Hac Vice fee paid for Cheryl S. Chang receipt number AMSSDC-5219064 $ 100 (Powers, Harris) Modified on 9/21/2023 to correct the party's last name spelling (LAT). |
| Filing 28 Joinder in Document by Michael Bishop, M.B.I. Holdings, LLC to #1 Notice of Removal,, filed by Pennymac Loan Services, LLC (Barfield, David) |
| Filing 27 Corporate Disclosure Statement by M.B.I. Holdings, LLC (Barfield, David) |
| Filing 26 Corporate Disclosure Statement by Community Bank of Mississippi (Drinkwater, William) |
|
TEXT ONLY ORDER re #25 MOTION to Stay Proceedings Pending This Court's Ruling On Plaintiffs' Motion To Remand. Under Local Uniform Civil Rule 16(b)(1), a motion to remand will stay the attorney conference and disclosure requirements and all discovery not relevant to the remand or referral issue and will stay the parties' obligation to make disclosures pending the court's ruling on the motions. Plaintiffs filed a Motion to Remand #23 and the subsequent #25 Motion to Stay. Defendants Community Bank and Sykes communicated their desire to oppose the proposed stay. Accordingly, the Court will grant them a brief period of time to file a response or objection. Any responses to Plaintiffs' Motion to Stay #25 shall be filed on or before September 22, 2023. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Michael T. Parker on September 19, 2023.(ST)
|
| Filing 25 MOTION to Stay Proceedings Pending This Court's Ruling On Plaintiffs' Motion To Remand by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Remand filed by Ashley C. Guerdan, Catherine E. Guerdan (Walker, John) |
| Filing 23 MOTION to Remand by Ashley C. Guerdan, Catherine E. Guerdan (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - 1st Amended Complaint, #3 Exhibit 3 - ECF Notice, #4 Exhibit 4- Entry of Appearance H.Powers)(Walker, John) |
| Filing 22 MEMORANDUM in Support re #21 MOTION to Dismiss The Amended Complaint filed by Caliber Home Loans, Inc. (Rushing, Stevie) |
| Filing 21 MOTION to Dismiss The Amended Complaint by Caliber Home Loans, Inc. (Attachments: #1 Exhibit A. Policy)(Rushing, Stevie) |
| Filing 20 Corporate Disclosure Statement by Caliber Home Loans, Inc. (Rushing, Stevie) |
| Filing 19 ANSWER to Complaint First Amended Complaint by Brad Burleson, Linda Burleson, Ulist LLC.(Moore, John) |
| Filing 18 ANSWER to Complaint First Amended by Michael Bishop, M.B.I. Holdings, LLC.(Barfield, David) |
|
Filing 17
ORDER granting in part and denying in part #10 Motion to Stay Proceedings. Signed by Magistrate Judge Michael T. Parker on September 7, 2023. (ST)
|
| Filing 16 ANSWER to Complaint (Notice of Removal) First Amended Complaint by Jason Sykes (Jones, William Trey) |
| Filing 15 ANSWER to Complaint (Notice of Removal) First Amended Complaint by Community Bank of Mississippi (Jones, William Trey) |
| Filing 14 MEMORANDUM IN SUPPORT re #13 MOTION to Dismiss Amended Complaint filed by Pennymac Loan Services, LLC (Powers, Harris) |
| Filing 13 MOTION to Dismiss Amended Complaint by Pennymac Loan Services, LLC (Attachments: #1 Exhibit Policy)(Powers, Harris) |
| Filing 12 Joinder in Document by Pennymac Loan Services, LLC to #10 MOTION to Stay Proceedings filed by Caliber Home Loans, Inc. (Powers, Harris) |
| Filing 11 Joinder in Document by Community Bank of Mississippi, Jason Sykes to #10 MOTION to Stay Proceedings filed by Caliber Home Loans, Inc. (Drinkwater, William) |
| Filing 10 MOTION to Stay Proceedings by Caliber Home Loans, Inc. (Attachments: #1 Exhibit A: Motion and Memorandum, #2 Exhibit B: Docket)(Rushing, Stevie) |
| Filing 9 NOTICE of Appearance by William Trey E. Jones, III on behalf of Community Bank of Mississippi, Jason Sykes (Jones, William Trey) |
| Filing 8 NOTICE of Appearance by William Dement Drinkwater on behalf of Community Bank of Mississippi, Jason Sykes (Drinkwater, William) |
| Filing 7 Joinder in Document by Caliber Home Loans, Inc. to #3 MOTION to Consolidate Cases filed by Pennymac Loan Services, LLC (Rushing, Stevie) |
| Filing 6 Joinder in Document by Caliber Home Loans, Inc. to #1 Notice of Removal,, filed by Pennymac Loan Services, LLC (Rushing, Stevie) |
| Filing 5 NOTICE of Appearance by Stevie F. Rushing on behalf of Caliber Home Loans, Inc. (Rushing, Stevie) |
|
TEXT ONLY ORDER directing Defendant Pennymac Loan Services, LLC, to file a Motion to Consolidate in the lower numbered case pursuant to L. U. Civ. R. 42. Defendant Pennymac seeks to consolidate this case with Guerdan, et al. v. State Automobile Mutual Insurance Company, et al., 3:22-CV-144-HGW-LGI. Defendant Pennymac is hereby directed to file its Motion to Consolidate in the lower numbered case on or before September 8, 2023. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge Michael T. Parker on August 30, 2023. (ST)
|
| Filing 4 MEMORANDUM in Support re #3 MOTION to Consolidate Cases filed by Pennymac Loan Services, LLC (Powers, Harris) |
| Filing 3 MOTION to Consolidate Cases by Pennymac Loan Services, LLC (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit First Amended Complaint)(Powers, Harris) |
| Filing 2 State Court Record by Defendant Pennymac Loan Services, LLC (Attachments: #1 Attachment State Court Docket)(Powers, Harris) |
| Filing 1 NOTICE OF REMOVAL by Pennymac Loan Services, LLC from Circuit Court of Hinds County, case number 25CI1:23-cv-00218-AHW. ( Filing fee $ 402 receipt number AMSSDC-5197589) 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 Attachment State Court Record, #2 Civil Cover Sheet)(CO) |
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.
