Franklin et al v. Deutsche Bank Trust Company et al
Plaintiff: Guy Edward Franklin and Rita Rene (Thomas) Franklin
Defendant: Ocwen Loan Servicing LLC, Does 1 through 100, Mortgage Electronic Registration System, ("MERS"), Greenpoint Mortgage Funding, Inc., Deutsche Bank Trust Company and Residential Funding Company, LLC
Case Number: 5:2019cv00042
Filed: February 19, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Referring Judge: Louise Wood Flanagan
Nature of Suit: Banks and Banking
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2019 Filing 26 MOTION for Recusal filed by Rita Rene (Thomas) Franklin, Guy Edward Franklin. (Attachments: #1 Exhibit A - Transcript of Hearing, #2 Exhibit B - Transfer Order, #3 Exhibit C - Notice of Appeal, #4 Exhibit D - Email from ESL Legal Services, #5 Exhibit E - Article from 'People for the American Way') (Stouch, L.)
April 15, 2019 Filing 25 Financial Disclosure Statement by Deutsche Bank Trust Company identifying Corporate Parent Deutsche Bank Trust Corporation, which is a wholly owned subsidiary of DB USA Corporation, a corporation organized under the laws of the State of Delaware. DB USA Corporation is a wholly owned subsidiary of Deutsche Bank AG for Deutsche Bank Trust Company. (Rudd, Jamie)
April 15, 2019 Filing 24 Notice of Appearance filed by D. Kyle Deak on behalf of Deutsche Bank Trust Company, Mortgage Electronic Registration System, ("MERS"), Ocwen Loan Servicing LLC. (Deak, D.)
April 12, 2019 Filing 23 Notice of Appearance filed by Jamie E. Rudd on behalf of Deutsche Bank Trust Company, Mortgage Electronic Registration System, ("MERS"), Ocwen Loan Servicing LLC. (Rudd, Jamie)
April 9, 2019 Filing 22 Notice of Appearance filed by Danielle Kara Greco on behalf of Deutsche Bank Trust Company, Mortgage Electronic Registration System, ("MERS"), Ocwen Loan Servicing LLC. (Greco, Danielle)
April 9, 2019 Filing 21 Financial Disclosure Statement by Mortgage Electronic Registration System, ("MERS") identifying Corporate Parent MERSCORP for Mortgage Electronic Registration System, ("MERS"). (Greco, Danielle)
April 9, 2019 NOTICE TO COUNSEL - All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Stouch, L.)
April 8, 2019 Filing 20 Financial Disclosure Statement by Ocwen Loan Servicing LLC identifying Corporate Parent Ocwen Financial for Ocwen Loan Servicing LLC. (Greco, Danielle)
April 8, 2019 Filing 19 Financial Disclosure Statement by Deutsche Bank Trust Company identifying Corporate Parent Deutsche Bank AG for Deutsche Bank Trust Company. (Greco, Danielle)
April 8, 2019 Filing 18 Rule 12 Letter Issued to Rita Rene (Thomas) Franklin, Guy Edward Franklin as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction. Response due by 5/2/2019. Copy sent via US Mail to Guy Edward Franklin at 5187 Bennett Ct Unit B, Andrews AFB, MD 20762. (Stouch, L.)
April 8, 2019 Filing 17 Memorandum in Support regarding #16 MOTION for Sanctions and Pre-Filing Injunction, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction filed by Deutsche Bank Trust Company, Mortgage Electronic Registration System, ("MERS"), Ocwen Loan Servicing LLC. (Attachments: #1 Exhibit A: Clerk's Order Allowing Foreclosure, #2 Exhibit B: Superior Court Order Allowing Foreclosure, #3 Exhibit C: Recorded Trustee's Deed, #4 Exhibit D: NC Court of Appeals Order, #5 Exhibit E: NC Court of Appeals Order, #6 Exhibit F: NC Supreme Court Order, #7 Exhibit G: Order Dismissing 5:17-CV-452, #8 Exhibit H: Fourth Circuit Court of Appeals Docket Sheet, #9 Exhibit I: NY Supreme Court Order, #10 Exhibit J: NY Supreme Court Order, #11 Exhibit K: Order Dismissing First Bankruptcy Case, #12 Exhibit L: Superior Court Dismissal of Wake County Action, #13 Exhibit M: Superior Court Pre-Filing Injunction, #14 Exhibit N: Order Dismissing Second Bankruptcy Case, #15 Exhibit O: Order Dismissing Adversary Proceeding, #16 Exhibit P: Lis Pendens, #17 Exhibit Q: NC Court of Appeals Order Dismissing Appeal, #18 Exhibit R: NC Court of Appeals Order, #19 Exhibit S: NC Court of Appeals Order, #20 Exhibit T: NC Court of Appeals Order, #21 Exhibit U: Second Lis Pendens) (Greco, Danielle)
April 8, 2019 Filing 16 MOTION for Sanctions and Pre-Filing Injunction filed by Deutsche Bank Trust Company, Ocwen Loan Servicing LLC. (Greco, Danielle)
April 8, 2019 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction filed by Deutsche Bank Trust Company, Mortgage Electronic Registration System, ("MERS"), Ocwen Loan Servicing LLC. (Greco, Danielle)
March 18, 2019 Filing 14 Summons Issued as to Deutsche Bank Trust Company, Greenpoint Mortgage Funding, Inc., Mortgage Electronic Registration System, ("MERS"), Ocwen Loan Servicing LLC, Residential Funding Company, LLC. (*NOTICE: Plaintiff shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) Copy sent via US Mail to Guy Edward Franklin at 5187 Bennett Ct Unit B, Andrews AFB, MD 20762. (Stouch, L.)
March 18, 2019 Filing 13 Resubmission of Summons filed by Rita Rene (Thomas) Franklin. (Attachments: #1 Cover Page, #2 Proposed Summons - Deutsche Bank, #3 Proposed Summons - GreenPoint Mortgage Funding, Inc., #4 Proposed Summons - Ocwen Loan Servicing, LLC, #5 Proposed Summons - Residential Funding Company, LLC, #6 Proposed Summons - MERS, #7 Envelope) (Stouch, L.)
March 15, 2019 ***DISREGARD - Entered in incorrect case.*** Notice to Plaintiff of Failure to Make Service within 90 Days. (Stouch, L.) Modified on 3/15/2019 (Stouch, L.).
March 6, 2019 Filing 12 Financial Disclosure Statement filed by Guy Edward Franklin. (Stouch, L.)
March 6, 2019 Filing 11 Notice of Self-Representation filed by Guy Edward Franklin (Attachments: #1 Envelope) (Stouch, L.)
February 21, 2019 Notice of Pro Se E-Noticing - Pro se party Rita Rene (Thomas) Franklin has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. All documents filed in CM-ECF will be served on this party via email pursuant to Rule 5 of the Federal Rules of Civil Procedure and Local Civil Rule 5.1. (Stouch, L.)
February 20, 2019 Opinion or Order Filing 10 ORDER REASSIGNING CASE. Case reassigned to Chief Judge Terrence W. Boyle for all further proceedings. District Judge Louise Wood Flanagan no longer assigned to case. All future documents shall reflect the revised case number of 5:19-CV-42-BO. Signed by Peter A. Moore, Jr., Clerk of Court on 2/20/2019. Copy of order and 18-SO-5 Notice sent to Rita Rene (Thomas) Franklin and Guy Edward Franklin, 5187 Bennett Ct Unit B, Andrews AFB, MD 20762 via US Mail. (Edwards, S.)
February 19, 2019 Filing 9 Notice to Pro Se Parties Regarding Transfer of Case to the Eastern District of North Carolina. The parties should read the notice in its entirety for additional information. (Rudd, D.)
February 19, 2019 Filing 8 Case transferred in from District of New York Southern. Case Number 1:19-cv-00690. Transfer order and docket sheet obtained from transferring district.
February 11, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of North Carolina. (sac) [Transferred from New York Southern on 2/19/2019.]
February 11, 2019 Mailed a copy of #7 Order, Terminate Motions, to Rita Rene (Thomas) Franklin 5187 Bennett Ct Unit B Andrews AFB, MD 20762; Guy Edward Franklin 5187 Bennett Ct Unit B Andrews AFB, MD 20762 (aea) Modified on 2/11/2019 (aea). [Transferred from New York Southern on 2/19/2019.]
February 11, 2019 NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 2/19/2019.]
February 11, 2019 Opinion or Order Filing 7 TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of North Carolina. The Clerk of Court is further directed to assign this matter to my docket, mail a copy of this order to Plaintiffs, and note service on the docket. A summons shall not issue from this Court. This order closes this case. All pending matters are terminated. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Motions terminated: #6 MOTION for Permission for Rita Rene (Thomas) Franklin to participate in electronic case filing in this case filed by Rita Rene (Thomas) Franklin. (Signed by Judge Colleen McMahon on 2/11/2019) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/19/2019.]
January 23, 2019 Filing 6 MOTION for Permission for Rita Rene (Thomas) Franklin to participate in electronic case filing in this case. Document filed by Rita Rene (Thomas) Franklin.(jgo) [Transferred from New York Southern on 2/19/2019.]
January 23, 2019 Filing 5 NOTICE of Pro Se Appearance. Document filed by Rita Rene (Thomas) Franklin. (jgo) [Transferred from New York Southern on 2/19/2019.]
January 23, 2019 Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Guy E. Franklin consents to receive electronic service via the ECF system. Document filed by Guy Edward Franklin.(jgo) [Transferred from New York Southern on 2/19/2019.]
January 23, 2019 Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Rita R. Franklin consents to receive electronic service via the ECF system. Document filed by Rita Rene (Thomas) Franklin(jgo) [Transferred from New York Southern on 2/19/2019.]
January 23, 2019 Case Designated ECF. (jgo) [Transferred from New York Southern on 2/19/2019.]
January 23, 2019 Filing 2 CIVIL COVER SHEET filed. (jgo) [Transferred from New York Southern on 2/19/2019.]
January 23, 2019 Filing 1 COMPLAINT against Deutsche Bank Trust Company, Does 1 through 100, Greenpoint Mortgage Funding, Inc., Mortgage Electronic Registration System, ("MERS"), OCWEN Loan Servicing, LLC, Residential Funding Company, LLC. (Filing Fee $ 400.00, Receipt Number 465401227479)Document filed by Rita Rene (Thomas) Franklin, Guy Edward Franklin.(jgo) [Transferred from New York Southern on 2/19/2019.]

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Search for this case: Franklin et al v. Deutsche Bank Trust Company et al
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Defendant: Ocwen Loan Servicing LLC
Represented By: Danielle Kara Greco
Represented By: D. Kyle Deak
Represented By: Jamie E. Rudd
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Defendant: Does 1 through 100
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Defendant: Mortgage Electronic Registration System, ("MERS")
Represented By: Danielle Kara Greco
Represented By: D. Kyle Deak
Represented By: Jamie E. Rudd
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Defendant: Greenpoint Mortgage Funding, Inc.
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Defendant: Deutsche Bank Trust Company
Represented By: Danielle Kara Greco
Represented By: D. Kyle Deak
Represented By: Jamie E. Rudd
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Defendant: Residential Funding Company, LLC
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Plaintiff: Guy Edward Franklin
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Plaintiff: Rita Rene (Thomas) Franklin
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