Mendible v. Special Proceeding Department of the Wake County Court et al
| Anne-Marie Mendible |
| U.S. Bank Trust, N.A., Special Proceeding Department of the Wake County Court, Trustee Services of Carolina, LLC, Mortgage Electronic Registration System Inc. and Caliber Home Loans, Inc. |
| 5:2021cv00087 |
| February 24, 2021 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 11, 2022. A more recent docket listing may be available from PACER.
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Filing 35
Rule 12 Letter Issued as to #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; MOTION to Dismiss for Lack of Jurisdiction. Response due by 5/14/2021. (Copy of letter sent to Anne-Marie Mendible, 3905 W. Wayland St., Springfield, MO 65807 via US Mail.) (Waddell, K.)
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Filing 34
Memorandum in Support regarding #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Special Proceeding Department of the Wake County Court. (O'Brien, Elizabeth)
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Filing 33
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by Special Proceeding Department of the Wake County Court. (O'Brien, Elizabeth)
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Filing 32
Notice of Appearance filed by Elizabeth Curran O'Brien on behalf of Special Proceeding Department of the Wake County Court. (O'Brien, Elizabeth)
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Filing 31
ORDER granting #30 Motion for Extension of Time to Answer. Defendant Trustee Services of Carolina, LLC, shall be allowed through and including May 19, 2021 to file an Answer or other responsive pleading to Plaintiff's Amended Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 4/19/2021. (Copy of Order sent to Anne Marie Mendible, 3905 W. Wayland St., Springfield, MO 65807 via US Mail.) (Waddell, K.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #30 MOTION for Extension of Time to File Answer regarding #7 Amended Complaint. (Waddell, K.)
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Filing 30
MOTION for Extension of Time to File Answer regarding #7 Amended Complaint,, filed by Trustee Services of Carolina, LLC. (Attachments: #1 Text of Proposed Order) (Presel, Alan)
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Filing 29
Financial Disclosure Statement by Trustee Services of Carolina, LLC (Presel, Alan)
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Filing 28
Notice of Appearance filed by Alan Marc Presel on behalf of Trustee Services of Carolina, LLC. (Presel, Alan)
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Filing 27
Affidavit of Service as to all defendants, filed by Anne-Marie Mendible. (Attachments: #1 Envelope) (Waddell, K.)
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Filing 26
Rule 12 Letter Issued regarding #19 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #23 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 5/10/2021. (Copy of Letter sent to Anne-Marie Mendible, 3905 W. Wayland St., Springfield, MO 65807 via US Mail.) (Waddell, K.)
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Filing 25
Financial Disclosure Statement by Trustee Services of Carolina, LLC, U.S. Bank Trust, N.A. identifying Corporate Parent US Bancorp for U.S. Bank Trust, N.A.. (Cutler, Amanda) Modified on 4/16/2021 to correct party association with document, as specified in case caption(Waddell, K.).
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Filing 24
Memorandum in Support regarding #23 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by U.S. Bank Trust, N.A.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Notice of Hearing, #3 Exhibit B - Orders for Additional Hearings, #4 Exhibit C - Amended Notice of Hearing, #5 Exhibit D - Foreclosure Order, #6 Exhibit E - Report of Foreclosure Sale, #7 Exhibit F - Amended Complaint, #8 Exhibit G - Motions to Dismiss, #9 Exhibit H - Dismissal Order) (Cutler, Amanda) Modified on 4/16/2021 to correct party association with document, as specified in case caption (Waddell, K.).
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Filing 23
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by U.S. Bank Trust, N.A.. (Cutler, Amanda) Modified on 4/16/2021 to correct party association with document, as specified in case caption (Waddell, K.).
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Filing 22
Notice of Appearance filed by Amanda K. Cutler on behalf of U.S. Bank Trust, N.A. (Cutler, Amanda) Modified on 4/16/2021 to correct party association (Waddell, K.).
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Filing 21
Financial Disclosure Statement by Caliber Home Loans, Inc. identifying Corporate Parent LSF6 Service Operations, LLC, Corporate Parent LSF6 Mid-Servicer Holdings, LLC for Caliber Home Loans, Inc.. (Cutler, Amanda)
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Filing 20
Memorandum in Support regarding #19 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caliber Home Loans, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Notice of Hearing, #3 Exhibit B - Orders for Additional Hearings, #4 Exhibit C - Amended Notice of Hearing, #5 Exhibit D - Foreclosure Order, #6 Exhibit E - Report of Foreclosure Sale, #7 Exhibit F - Amended Complaint, #8 Exhibit G - Motions to Dismiss, #9 Exhibit H - Dismissal Order) (Cutler, Amanda)
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Filing 19
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Caliber Home Loans, Inc.. (Cutler, Amanda)
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Filing 18
Notice of Appearance filed by Amanda K. Cutler on behalf of Caliber Home Loans, Inc.. (Cutler, Amanda)
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Filing 17
Amended Notice of Appearance filed by Amanda K. Cutler on behalf of Mortgage Electronic Registration System Inc. (Cutler, Amanda)
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Filing 16
Rule 12 Letter Issued regarding #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Copy of Letter sent to Anne-Marie Mendible, 3905 W. Wayland St., Springfield, MO 65807 via US Mail.) (Waddell, K.)
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REMINDER TO COUNSEL #11 Motion to Dismiss and #15 Memorandum in Suppport. Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Waddell, K.)
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Filing 15
Memorandum in Support regarding #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mortgage Electronic Registration System Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Notice of Hearing, #3 Exhibit B - Orders for Additional Hearings, #4 Exhibit C - Amended Notice of Hearing, #5 Exhibit D - Foreclosure Order, #6 Exhibit E - Report of Foreclosure Sale, #7 Exhibit F - Amended Complaint, #8 Exhibit G - Motions to Dismiss, #9 Exhibit H - Dismissal Order) (Cutler, Amanda)
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Filing 14
AMENDED AND REFILED AT #17 Notice of Appearance filed by Amanda K. Cutler on behalf of Mortgage Electronic Registration System Inc.. (Cutler, Amanda)
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Filing 13
Financial Disclosure Statement by Mortgage Electronic Registration System Inc. identifying Corporate Parent MERSCORP Holdings, Inc. for Mortgage Electronic Registration System Inc.. (Cutler, Amanda)
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Filing 12
CORRECTED AND REFILED AT #15 Memorandum in Support regarding #11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mortgage Electronic Registration System Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Cutler, Amanda)
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mortgage Electronic Registration System Inc.. (Cutler, Amanda)
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NOTICE OF DEFICIENCY regarding #12 Memorandum in Support. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit A" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed to refile. (Waddell, K.)
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Notice to Counsel regarding: #11 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim. All counsel appearing on behalf of a party are required to file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Waddell, K.)
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Filing 10
Notice of Self-Representation filed by Anne-Marie Mendible (Attachments: #1 Envelope) (Waddell, K.) Modified on 4/6/2021 (Waddell, K.).
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Filing 9
Notice of Self-Representation, filed by Anne-Marie Mendible. (Attachments: #1 Envelope) (Waddell, K.)
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SECOND NOTICE OF DEFICIENCY regarding #4 Notice of Self-Representation. Plaintiff failed to sign and date this document. Plaintiff is directed to refile the notice of self-representation. (Copy of Notice sent to Anne-Marie Mendible, 3905 W. Wayland St., Springfield, MO 65807 via US Mail.) (Waddell, K.)
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Filing 8
Summons Issued as to Caliber Home Loans, Inc., Mortgage Electronic Registration System Inc., Special Proceeding Department of the Wake County Court, Trustee Services of Carolina, LLC, U.S. Bank Trust, N.A. *NOTICE: Plaintiff shall serve the attached summonses with other case opening documents in accordance with Fed.R.Civ.P.4.* (Copy of NEF sent and summonses sent to Anne-Marie Mendible, 3905 W. Wayland St., Springfield, MO 65807 via US Mail.) (Waddell, K.)
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Filing 7
AMENDED COMPLAINT against All Defendants, filed by Anne-Marie Mendible. (Attachments: #1 Proposed Summons, #2 Affidavit of Joseph Esquivel, #3 Notice of Pendency of Action, #4 Exhibit A - Interest Only Period Fixed Rate Note, #5 Exhibit B - Deed of Trust, #6 Exhibit C - Assignment of Deed of Trust, #7 Exhibit D - MERS Procedural Manual, #8 Exhibit E - Assignment of Deed of Trust, #9 Exhibit F - Appointment of Substitute Trustee, #10 Exhibit G - Apointment of Substitute Trustee, #11 Exhibit H - Substitute Trustee's Deed, #12 Exhibit I - Final Report and Account of Foreclosure Sale, #13 Exhibit J - Notice of Foreclosure) (Waddell, K.)
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Filing 6
Civil Cover Sheet, filed by Anne-Marie Mendible. (Waddell, K.)
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Filing 5
Financial Disclosure Statement, filed by Anne-Marie Mendible. (Waddell, K.)
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Filing 4
Notice of Self-Representation, filed by Anne-Marie Mendible (Waddell, K.)
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Filing 3
Receipt for Civil Filing Fee, filed by Anne-Marie Mendible. (Waddell, K.)
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NOTICE OF DEFICIENCY regarding #4 Notice of Self-Representation. Plaintiff failed to sign and date this document. Plaintiff is directed to refile the notice of self-representation. (Copy of this Notice along with a blank notice of self-representation sent to Anne-Marie Mendible, 3905 W. Wayland St., Springfield, MO 65807 via US Mail.) (Waddell, K.)
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Filing 2
ORDER regarding #1 Complaint. Plaintiff is DIRECTED to correct the deficiencies listed above and return the corrected documents no later than March 15, 2021. The Clerk is DIRECTED to provide all the necessary forms regarding the deficiencies above to Plaintiff for completion. Signed by Magistrate Judge Kimberly A. Swank on 2/26/2021. (Copy of Order along with a blank Application to Proceed in forma pauperis, financial disclosure statement form, civil cover sheet, notice of self-representation, and five summons forms sent to Anne-Marie Mendible, 3905 W. Wayland St., Springfield, MO 65807 via US Mail.) (Waddell, K.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Anne-Marie Mendible. 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.)
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NOTICE OF DEFICIENCY regarding #1 Complaint. A party who is proceeding without an attorney shall file a notice of self representation pursuant to Local Civil Rule 5.2(b). (Rudd, D.)
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Filing 1
COMPLAINT against All Defendants (Civil Filing Fee Receipt No. WIL002194), filed by Anne-Marie Mendible. (Attachments: #1 Exhibit A- Interest-Only Period Fixed Rate Note with attachments, #2 Exhibit B- Supporting Documents to Complaint, #3 Affidavit of Joseph R. Esquivel, Jr., #4 Notice of Pendency of Action, #5 Attachment, #6 Envelope) (Rudd, D.) Modified on 4/14/2021 to update filing fee payment status (Waddell, K.).
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