Cleveland MHC, LLC v. Legacy Housing Corporation et al
Counter Defendant: Cleveland MHC, LLC
Counter Claimant: Legacy Housing Corporation and Jeffrey V. Burt
Case Number: 3:2024cv00084
Filed: February 9, 2024
Court: US District Court for the Southern District of Mississippi
Presiding Judge: F Keith Ball
Referring Judge: Andrew S Harris
2 Judge: Daniel P Jordan
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2024 Filing 13 ANSWER to #9 Amended Complaint , COUNTERCLAIM against Cleveland MHC, LLC by Jeffrey V. Burt, Legacy Housing Corporation. (Attachments: #1 Exhibit A - Loan Documents and Payments Due Report)(Kidd, Dean)
April 4, 2024 DOCKET ANNOTATION as to Doc #13 Parties should include the newly assigned Magistrate Judge's initials ASH on future filings. (PG)
March 26, 2024 Filing 12 MEMORANDUM in Support re #11 MOTION for Partial Summary Judgment filed by Cleveland MHC, LLC (Ness - PHV, Eliyahu)
March 26, 2024 Filing 11 MOTION for Partial Summary Judgment by Cleveland MHC, LLC (Attachments: #1 Exhibit 1 - Trustee's Affidavit of Sale and Related Materials, #2 Exhibit 2 - Note, Deed of Trust, and related materials.)(Ness - PHV, Eliyahu)
March 26, 2024 TEXT-ONLY ORDER finding as moot #5 Motion to Dismiss. The Amended Complaint #9 renders moot the pending Motion, which is thus denied as moot without prejudice to filing such a motion re: the Amended Complaint. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Chief District Judge Daniel P. Jordan III on March 26, 2024. (AL)
March 21, 2024 Filing 10 Corporate Disclosure Statement by Cleveland MHC, LLC (Ness - PHV, Eliyahu)
March 21, 2024 Filing 9 AMENDED COMPLAINT (FIRST) against All Defendants, filed by Cleveland MHC, LLC. (Attachments: #1 Exhibit A)(Ness - PHV, Eliyahu)
March 15, 2024 Opinion or Order Filing 8 ORDER: As set out in the Order, Plaintiff is therefore ordered to either respond to the motion to dismiss #5 or inform the Court that it confesses the motion no later than March 22, 2024. Failure to so respond may result in the Court's granting the motion without further notice. Signed by Chief District Judge Daniel P. Jordan III on March 15, 2024.(SP)
March 6, 2024 Opinion or Order TEXT-ONLY ORDER granting #4 Motion to Appear Pro Hac Vice. That Attorney Eliyahu Ness be admitted pro hac vice in this case on behalf of Plaintiff in association with local counsel conditioned upon completion of the registration procedures found on the Courts website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. No further written order shall issue from the Court. Signed by Magistrate Judge Andrew S. Harris on 3/6/2024. (JEJ)
March 1, 2024 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Andrew S. Harris for all further proceedings. Magistrate Judge F. Keith Ball no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 3/1/24 (MGB)
March 1, 2024 Remark: Parties should include the newly assigned Magistrate Judge's initials ASH on future filings. (MGB)
February 29, 2024 Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss filed by Legacy Housing Corporation (Attachments: #1 Exhibit A - Executed Deed of Trust, #2 Exhibit B - Affidavit of Foreclosure Sale)(Kidd, Dean)
February 29, 2024 Filing 5 MOTION to Dismiss by Legacy Housing Corporation (Kidd, Dean)
February 29, 2024 Filing 4 MOTION for Eliyahu Ness to Appear Pro Hac Vice by Cleveland MHC, LLC (Rogers, Paul)
February 29, 2024 Pro Hac Vice fee paid for Eliyahu Ness receipt number AMSSDC-5347382 $ 100 (Rogers, Paul)
February 23, 2024 Filing 3 NOTICE of Appearance by Grant M. Tarleton on behalf of Jeffrey V. Burt, Legacy Housing Corporation (Tarleton, Grant)
February 22, 2024 Filing 2 State Court Record by Defendants Jeffrey V. Burt, Legacy Housing Corporation (Attachments: #1 State Court Docket Sheet, #2 State Court Complaint, #3 Notice of Filing Notice of Removal)(Kidd, Dean)
February 9, 2024 Filing 1 NOTICE OF REMOVAL by Legacy Housing Corporation, Jeffrey V. Burt from Chancery Court of Rankin County, Mississippi, case number 24-187. ( Filing fee $ 405 receipt number AMSSDC-5333065) 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 - Rankin County Property Assessment, #2 Civil Cover Sheet)(CO)

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Counter defendant: Cleveland MHC, LLC
Represented By: Paul E. Rogers
Represented By: Eliyahu Ness - PHV
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Counter claimant: Legacy Housing Corporation
Represented By: Dean Sterling Kidd
Represented By: Grant M. Tarleton
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Counter claimant: Jeffrey V. Burt
Represented By: Dean Sterling Kidd
Represented By: Grant M. Tarleton
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