Estate of Laura L. Umphlett, et al v. Wells Fargo Bank N.A.
Plaintiff: Calvin Ray Umphlett, Laura L Umphlett, Timothy Cline Umphlett, Kasandra Lee Umphlett, Clarence Edward Umphlett and Umphlett Family Trust
Defendant: Wells Fargo Bank N.A., Satterfield Legal, PLLC, Shapiro and Ingle, LLP and Nationstar Mortgage LLC
Case Number: 2:2019cv00008
Filed: February 27, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2019 Filing 24 Memorandum in Support regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wells Fargo Bank N.A.. (Ewing, Baxter)
April 5, 2019 Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wells Fargo Bank N.A.. (Attachments: #1 Exhibit 1 - Deed of Trust, #2 Exhibit 2 - Motion to Strike) (Ewing, Baxter)
April 5, 2019 Filing 22 MOTION to Dismiss Complaint filed by Nationstar Mortgage LLC. (Attachments: #1 Memorandum of Law In Support of Motion to Dismiss Complaint) (Horne, James)
April 5, 2019 Notice to Counsel regarding: #22 Motion to Dismiss. Pursuant to Section V.E.1(b) of the CM/ECF Policies and Procedures Manual, the memorandum in support should be filed as a separate docket entry using the even memorandum in support under the Responses and Replies category. Counsel does not need to refile. (Stouch, L.)
April 2, 2019 Filing 21 ANSWER to Complaint by Satterfield Legal, PLLC. (Purser, Jason)
April 2, 2019 Filing 20 ANSWER to Complaint by Shapiro and Ingle, LLP. (Purser, Jason)
March 15, 2019 Filing 19 Financial Disclosure Statement by Calvin Ray Umphlett, Clarence Edward Umphlett, Kasandra Lee Umphlett, Laura L Umphlett, Timothy Cline Umphlett, Umphlett Family Trust (Varnell, Casey)
March 15, 2019 Filing 18 Notice of Appearance filed by Casey C. Varnell on behalf of All Plaintiffs. (Varnell, Casey)
March 7, 2019 Opinion or Order Filing 17 ORDER granting #14 Motion for Extension of Time to Answer regarding #1 Notice of Removal. The time for Defendant Nationstar Mortgage LLC d/b/a Champion Mortgage Company to serve its answer or other response to Plaintiffs' Complaint is extended up to and including April 5, 2019. Signed by Peter A. Moore, Jr., Clerk of Court on 3/7/2019. Copy sent to Plaintiffs' counsel Casey C. Varnell and Jamie G. Varnell of Sharp, Graham, Baker & Varnell, LLP at P.O. Drawer 1027, Kitty Hawk, NC 27949. (Stouch, L.)
March 7, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #14 MOTION for Extension of Time to File Answer. (Stouch, L.)
March 6, 2019 Opinion or Order Filing 16 ORDER granting #12 Motion for Extension of Time to Answer regarding #1 Notice of Removal. Shapiro and Ingle, LLP and Satterfield Legal, PLLC answer due April 6, 2019. Copy sent to Plaintiffs' counsel Casey C. Varnell and Jamie G. Varnell of Sharp, Graham, Baker & Varnell, LLP at P.O. Drawer 1027, Kitty Hawk, NC 27949. Signed by Peter A. Moore, Jr., Clerk of Court on 3/6/2019. (Stouch, L.) Modified on 3/7/2019 to correct docket entry text (Stouch, L.).
March 6, 2019 Filing 15 Financial Disclosure Statement by Nationstar Mortgage LLC identifying Corporate Parent Mr. Cooper Group Inc. for Nationstar Mortgage LLC. (Horne, James)
March 6, 2019 Filing 14 MOTION for Extension of Time to File Answer regarding #2 Notice - other filed by Nationstar Mortgage LLC. (Horne, James)
March 6, 2019 Filing 13 Notice of Appearance filed by James David Horne, Jr on behalf of Nationstar Mortgage LLC. (Horne, James)
March 5, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Complaint filed in state court. (Stouch, L.)
March 4, 2019 Filing 12 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Complaint filed in state court filed by Satterfield Legal, PLLC, Shapiro and Ingle, LLP. (Attachments: #1 Text of Proposed Order) (Purser, Jason)
March 1, 2019 Opinion or Order Filing 11 ORDER granting #7 Motion for Extension of Time to Answer regarding #1 Notice of Removal. Wells Fargo Bank N.A. answer due 4/6/2019. Signed by Peter A. Moore, Jr., Clerk of Court on 3/1/2019. Copy sent to Plaintiffs' counsel Casey C. Varnell and Jamie G. Varnell of Sharp, Graham, Baker & Varnell, LLP at P.O. Drawer 1027, Kitty Hawk, NC 27949 and to defendants' counsel James D. Horne Jr. of McGuire Woods at 201 North Tryon Street, Suite 3000, Charlotte, NC 28202-2146 and Jason Purser of Shapiro & Ingle, LLP, 10130 Perimeter Parkway, Suite 400, Charlotte, N.C. 28216 mailed via US Mail (Stouch, L.)
February 28, 2019 Filing 10 Financial Disclosure Statement by Satterfield Legal, PLLC (Purser, Jason)
February 28, 2019 Filing 9 Financial Disclosure Statement by Shapiro and Ingle, LLP (Purser, Jason)
February 28, 2019 Filing 8 Notice of Appearance filed by Jason K. Purser on behalf of Satterfield Legal, PLLC, Shapiro and Ingle, LLP. (Purser, Jason)
February 28, 2019 Filing 7 MOTION for Extension of Time to File Answer filed by Wells Fargo Bank N.A.. (Attachments: #1 Text of Proposed Order Proposed Order) (Ewing, Baxter)
February 28, 2019 Filing 6 Notice of Appearance filed by Baxter Chad Ewing on behalf of Wells Fargo Bank N.A.. (Ewing, Baxter)
February 28, 2019 Filing 5 Financial Disclosure Statement by Wells Fargo Bank N.A. (Ewing, Baxter)
February 28, 2019 Filing 4 Notice filed by Wells Fargo Bank N.A. (Supplemental Removal Cover Sheet). (Ewing, Baxter)
February 28, 2019 Filing 3 Notice filed by Wells Fargo Bank N.A. (Civil Cover Sheet). (Ewing, Baxter)
February 28, 2019 Filing 2 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiffs' counsel Casey C. Varnell and Jamie G. Varnell of Sharp, Graham, Baker & Varnell, LLP at P.O. Drawer 1027, Kitty Hawk, NC 27949 and to defendants' counsel James D. Horne Jr. of McGuire Woods at 201 North Tryon Street, Suite 3000, Charlotte, NC 28202-2146 and Jason Purser of Shapiro & Ingle, LLP, 10130 Perimeter Parkway, Suite 400, Charlotte, N.C. 28216 mailed via US Mail on February 28, 2019. (Rudd, D.)
February 28, 2019 Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
February 28, 2019 NOTICE OF DEFICIENCY regarding [1-2] Notice of Filing Notice of Removal - Counsel's signature line does not comply with Section IV.D.1 of the CM/ECF Policies and Procedures Manual. (Rudd, D.)
February 28, 2019 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Wells Fargo Bank N.A. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)
February 28, 2019 NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet by using the event "Notice-Other" as soon as possible. (Rudd, D.)
February 28, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #7 MOTION for Extension of Time to File Answer. (Stouch, L.)
February 28, 2019 NOTICE OF DEFICIENCY regarding #1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event "Notice - Other". Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.)
February 27, 2019 Filing 1 NOTICE OF REMOVAL by Wells Fargo Bank N.A. from Currituck County Superior Court, case number 19-CVS-24. ( Filing fee $ 400 receipt number 0417-4847961) (Attachments: #1 Exhibit Exhibit A - State Court Proceedings, #2 Exhibit Notice of Filing Notice of Removal) (Ewing, Baxter)

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Defendant: Wells Fargo Bank N.A.
Represented By: Baxter Chad Ewing
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Defendant: Satterfield Legal, PLLC
Represented By: Jason K. Purser
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Defendant: Shapiro and Ingle, LLP
Represented By: Jason K. Purser
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Defendant: Nationstar Mortgage LLC
Represented By: James David Horne, Jr.
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Plaintiff: Calvin Ray Umphlett
Represented By: Casey C. Varnell
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Plaintiff: Laura L Umphlett
Represented By: Casey C. Varnell
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Plaintiff: Timothy Cline Umphlett
Represented By: Casey C. Varnell
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Plaintiff: Kasandra Lee Umphlett
Represented By: Casey C. Varnell
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Plaintiff: Clarence Edward Umphlett
Represented By: Casey C. Varnell
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Plaintiff: Umphlett Family Trust
Represented By: Casey C. Varnell
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