Monarchy Real Estate Acquisitions & Holdings, LLC, et al v. Vance et al
| Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Four Corners Resort, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Country RV Park, LLC, Monarchy Country Estates, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC and Gene Chavez |
| Ryan Vance, Avance Group USA a New Mexico corporation doing business as Avance Financial, LLC, Todd Hohmann, Velocity Mortgage Capital, US Bank, NA, First National Bank of Coffee County, North Avenue Captial, Live Oak Bank, Hard Money Loan Solutions, United Wholesale Mortgage and Rocket Mortgage |
| 1:2023cv00493 |
| June 6, 2023 |
| US District Court for the District of New Mexico |
| Laura Fashing |
| Kea W Riggs |
| John F Robbenhaar |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Defendant |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 76 NOTICE of Briefing Complete by US Bank, NA re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT filed by US Bank, NA (Hayes, Elizabeth) |
| Filing 75 REPLY to Response to Motion re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT filed by US Bank, NA. (Hayes, Elizabeth) |
| Filing 74 RESPONSE in Opposition re #63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gene Chavez, Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Chavez, Gene) |
| Filing 73 NOTICE of Briefing Complete by North Avenue Captial re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT filed by North Avenue Captial (Jones, David) |
| Filing 72 REPLY to Response to Motion re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT filed by North Avenue Captial. (Jones, David) |
| Filing 71 NOTICE by North Avenue Captial of Unavailability from March 14, 2024March 31, 2024 (Jones, David) Modified on 7/27/2023 (cmm). |
Filing 70
ORDER by Magistrate Judge John F. Robbenhaar granting #69 Motion for Extension of Time to File Reply. Defendants deadline to file a reply in support of its Motion to Dismiss and Brief in Support (Doc. No. 36) is hereby extended up to and including August 1, 2023. (kc)
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| Filing 69 Unopposed MOTION for Extension of Time to File Response/Reply as to #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT REPLY IN SUPPORT OF ITS MOTION TO DISMISS by US Bank, NA. (Hayes, Elizabeth) |
| Filing 68 NOTICE of Briefing Complete by Todd Hohmann re #26 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Todd Hohmann (Wiesenfeld, Jaime) |
| Filing 67 NOTICE of Briefing Complete by Avance Group USA, Ryan Vance re #25 MOTION to Dismiss Plaintiffs' First Amended Complaint or in the Alternative as to any Surviving Claims, A More Definite Statement filed by Ryan Vance, Avance Group USA (Wiesenfeld, Jaime) |
| Filing 66 RESPONSE in Support re #26 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Todd Hohmann. (Wiesenfeld, Jaime) |
| Filing 65 RESPONSE in Support re #25 MOTION to Dismiss Plaintiffs' First Amended Complaint or in the Alternative as to any Surviving Claims, A More Definite Statement filed by Avance Group USA, Ryan Vance. (Wiesenfeld, Jaime) |
| Filing 64 RESPONSE in Opposition re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT filed by Gene Chavez, Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC. (Attachments: #1 Exhibit NAC Title Commitment, #2 Exhibit Vance Answers to Discovery) (Chavez, Gene) |
| Filing 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by United Wholesale Mortgage. (Jimenez, Eddie) |
| Filing 62 NOTICE of Appearance by Eddie R Jimenez on behalf of United Wholesale Mortgage (Jimenez, Eddie) |
| Filing 61 NOTICE of Briefing Complete by First National Bank of Coffee County re #12 MOTION to Dismiss under Fed Rule. Civ. P. 12(b)(2) and 12(b)(6) or in the Alternative Motion for More Definite Statement filed by First National Bank of Coffee County (Wainwright, Allan) |
| Filing 60 REPLY to Response to Motion re #12 MOTION to Dismiss under Fed Rule. Civ. P. 12(b)(2) and 12(b)(6) or in the Alternative Motion for More Definite Statement filed by First National Bank of Coffee County. (Wainwright, Allan) |
| Filing 59 NOTICE of Appearance by Rola Daaboul on behalf of North Avenue Captial (Daaboul, Rola) |
| Filing 58 **FILED IN ERROR** NOTICE of Briefing Complete by First National Bank of Coffee County re #12 MOTION to Dismiss under Fed Rule. Civ. P. 12(b)(2) and 12(b)(6) or in the Alternative Motion for More Definite Statement filed by First National Bank of Coffee County (Wainwright, Allan) Modified on 7/12/2023 - FIE as incorrect case no.(cmm). |
| Filing 57 **FILED IN ERROR** REPLY to Response to Motion re #12 MOTION to Dismiss under Fed Rule. Civ. P. 12(b)(2) and 12(b)(6) or in the Alternative Motion for More Definite Statement filed by First National Bank of Coffee County. (Wainwright, Allan) Modified on 7/12/2023 - FIE as incorrect case no. (cmm). |
| Filing 56 NOTICE of Briefing Complete by Rocket Mortgage re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rocket Mortgage (Holden, Helen) |
| Filing 55 REPLY to Response to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rocket Mortgage. (Holden, Helen) |
| Filing 54 NOTICE of Briefing Complete by Live Oak Bank re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Live Oak Bank (Marquez, Chris) |
| Filing 53 REPLY to Response to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Live Oak Bank. (Marquez, Chris) |
| Filing 52 Corporate Disclosure Statement by Gene Chavez, Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC identifying Corporate Parent Monarchy Real Estate Acquisitions & Holdings, LLC for Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC. (Chavez, Gene) |
| Filing 51 RESPONSE in Opposition re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT filed by Gene Chavez, Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC. (Attachments: #1 Exhibit Vance Answers to Discovery) (Chavez, Gene) |
| Filing 50 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 3, 5, 17, 32, 33, 34 and 35. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 49 RESPONSE in Opposition re #26 MOTION to Dismiss Plaintiffs' First Amended Complaint, #25 MOTION to Dismiss Plaintiffs' First Amended Complaint or in the Alternative as to any Surviving Claims, A More Definite Statement filed by Gene Chavez, Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC. (Attachments: #1 Exhibit Vance Answers to Discovery, #2 Exhibit Depo of Nicole, #3 Exhibit Depo of Cal) (Chavez, Gene) |
| Filing 48 NOTICE by Live Oak Bank re #47 Notice (Other) (Attachments: #1 Supplement to Exhibit A) (Marquez, Chris) |
| Filing 47 NOTICE by Live Oak Bank Filing State Court Records and Proceedings (Attachments: #1 Exhibit) (Marquez, Chris) |
| Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT by North Avenue Captial. (Attachments: #1 Exhibit Exhibit A) (Jones, David) |
| Filing 45 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 44 Corporate Disclosure Statement by North Avenue Captial identifying Corporate Parent Veritext Community Bank, Other Affiliate Veritext Holdings, Inc. for North Avenue Captial. (Jones, David) |
| Filing 43 Corporate Disclosure Statement by First National Bank of Coffee County (Wainwright, Allan) |
| Filing 42 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC. (Attachments: #1 Exhibit Vance Discovery Answers) (Chavez, Gene) |
| Filing 41 RESPONSE in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC. (Attachments: #1 Exhibit Vance Discovery Answers) (Chavez, Gene) |
| Filing 40 RESPONSE in Opposition re #12 MOTION to Dismiss under Fed Rule. Civ. P. 12(b)(2) and 12(b)(6) or in the Alternative Motion for More Definite Statement filed by Gene Chavez, Monarchy Country Estates, LLC, Monarchy Country RV Park, LLC, Monarchy Four Corners Resort, LLC, Monarchy Real Estate Acquisitions & Holdings, LLC, Monarchy Red Rayder RV Park, LLC, Monarchy Rush No More RV Resort, LLC, Monarchy Smoky Mountain RV Resort & Glampgrounds, LLC. (Attachments: #1 Exhibit Vance Discovery Answers, #2 Exhibit Emails, #3 Exhibit Title Commitment) (Chavez, Gene) |
| Filing 39 Corporate Disclosure Statement by Avance Group USA (Wiesenfeld, Jaime) |
| Filing 38 Corporate Disclosure Statement by Live Oak Bank identifying Corporate Parent Live Oak Banking Company for Live Oak Bank. (Marquez, Chris) |
| Filing 37 Corporate Disclosure Statement by US Bank, NA identifying Other Affiliate U.S. Bancorp for US Bank, NA. (Hayes, Elizabeth) |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND BRIEF IN SUPPORT by US Bank, NA. (Hayes, Elizabeth) |
| Filing 31 NOTICE by North Avenue Captial of Unavailability (Jones, David) |
| Filing 30 NOTICE by First National Bank of Coffee County re 29 Association of Attorney Licensed Outside the District, 28 Association of Attorney Licensed Outside the District, Notice of Good Standing (Wainwright, Allan) |
| Filing 29 ASSOCIATION of Attorney Licensed Outside the District for Defendant First National Bank of Coffee County by Allan Lee Wainwright on behalf of: Aaron M Kappler Thompson, OBrien, Kappler & Nasuti, P.C. 2 Sun Court, Suite 400Peachtree Corners, Georgia 30092 770-925-0111 AKappler@tokn.com (Association Dues - Online Payment) (Wainwright, Allan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 28 ASSOCIATION of Attorney Licensed Outside the District for Defendant First National Bank of Coffee County by Allan Lee Wainwright on behalf of: Jeffrey Andrew Reynolds Thompson, OBrien, Kappler & Nasuti, P.C. 2 Sun Court, Suite 400Peachtree Corners, Georgia 30092 770-925-0111 jreynolds@tokn.com (Association Dues - Online Payment) (Wainwright, Allan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 27
ORDER by Magistrate Judge John F. Robbenhaar granting #24 Motion for Extension of Time to Respond to Amended Complaint. U.S. Bank National Association's Answer/Response is due by 07/05/2023. (kc)
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| Association Dues Received: $ 100 receipt number ANMDC-8881482 re: # 29 Association of Attorney Licensed Outside the District, filed by First National Bank of Coffee County (Payment made via Pay.gov)(Wainwright, Allan) |
| Association Dues Received: $ 100 receipt number ANMDC-8881471 re: # 28 Association of Attorney Licensed Outside the District, filed by First National Bank of Coffee County (Payment made via Pay.gov)(Wainwright, Allan) |
| Filing 26 MOTION to Dismiss Plaintiffs' First Amended Complaint by Todd Hohmann. (Wiesenfeld, Jaime) |
| Filing 25 MOTION to Dismiss Plaintiffs' First Amended Complaint or in the Alternative as to any Surviving Claims, A More Definite Statement by Avance Group USA, Ryan Vance. (Wiesenfeld, Jaime) |
| Filing 24 Unopposed MOTION for Extension of Time to File Response to Amended Complaint by US Bank, NA. (Attachments: #1 Exhibit) (Hayes, Elizabeth) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rocket Mortgage. (Funkhouser, David) |
| Filing 22 NOTICE by North Avenue Captial Consent to Removal (Jones, David) |
| Filing 21 NOTICE of Appearance by David V. Jones on behalf of North Avenue Captial (Jones, David) |
| Filing 20 AMENDED ANSWER to First Amended Answer and Motion to Dismiss by North Avenue Captial. (Jones, David) |
| Filing 19 NOTICE of Appearance by David Funkhouser, III on behalf of Rocket Mortgage (Funkhouser, David) |
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Filing 18
ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. (kc)
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Filing 16
ORDER by Magistrate Judge John F. Robbenhaar granting #14 Motion for Extension of Time to Respond to Complaint. Rocket Mortgage has until 06/20/2023 to file its responsive pleading to the First Amended Complaint. (kc)
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| Filing 15 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 14 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (lj)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 14 Unopposed MOTION for Extension of Time to File Response to Complaint by Rocket Mortgage. (Attachments: #1 Exhibit) (Holden, Helen) |
| Filing 13 NOTICE of Appearance by Helen R. Holden on behalf of Rocket Mortgage (Holden, Helen) |
| Filing 12 MOTION to Dismiss under Fed Rule. Civ. P. 12(b)(2) and 12(b)(6) or in the Alternative Motion for More Definite Statement by First National Bank of Coffee County. (Wainwright, Allan) |
| Filing 11 BRIEF in Support of Defendant FNBCCs Motion to Dismiss under Fed Rule. Civ. P. 12(b)(2) and 12(b)(6) or in the Alternative Motion for More Definite Statement by First National Bank of Coffee County (Wainwright, Allan) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Live Oak Bank. (Marquez, Chris) |
| Filing 9 NOTICE of Appearance by Jaime L. Wiesenfeld on behalf of Avance Group USA, Todd Hohmann, Ryan Vance (Wiesenfeld, Jaime) |
| Filing 8 NOTICE of Appearance by Elizabeth Hayes on behalf of US Bank, NA (Hayes, Elizabeth) |
| Filing 7 NOTICE of Appearance by Marc Cabrera on behalf of US Bank, NA (Cabrera, Marc) |
| Filing 6 NOTICE by US Bank, NA Notice of Consent to Removal (Hayes, Elizabeth) |
| Filing 4 NOTICE by Avance Group USA, Todd Hohmann, Ryan Vance of Consent to Removal (Wiesenfeld, Jaime) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8861167 re #1 Notice of Removal, filed by Live Oak Bank, a foreign corporation (Payment made via Pay.gov)(Marquez, Chris) |
| United States Magistrate Judge Laura Fashing and United States Magistrate Judge John F. Robbenhaar assigned. (jg) |
| Filing 1 NOTICE OF REMOVAL by Live Oak Bank, a foreign corporation from Second Judicial District Court, case number D-202-CV02022-07553. ( Filing Fee - Online Payment), filed by Live Oak Bank, a foreign corporation. (Attachments: #1 Civil Cover Sheet)(Marquez, Chris) Modified on 6/7/2023 (jg). |
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