Maiani v. Citizens Financial Group Inc. et al
| Sylvia Maiani |
| Wells Fargo Bank, N.A. d/b/a Wells Fargo Preferred Capital, Citizens Financial Group Inc. d/b/a Citizens One, Citizens Bank, N.A., Citizens One Consumer Loan Servicing, Citibank North America, Home Depot, Hawthorne Residential partners, LLC d/b/a Stallings Mill Apartments, Hunter Warfield and Citizens Financial Group Inc. d/b/a Citizens One, Citizens Bank, N.A., Citizens One Consumer Loan Servicing |
| 5:2022cv00010 |
| January 6, 2022 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Consumer Credit |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.
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Filing 34
RESPONSE in Opposition filed by Sylvia Maiani regarding #25 First MOTION to Dismiss Plaintiff's Complaint. (Waddell, K.)
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Filing 33
STIPULATION of Dismissal as to Hunter Warfield, filed by Sylvia Maiani. (Waddell, K.)
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Filing 32
Memorandum in Opposition regarding #29 MOTION to Remand filed by Wells Fargo Bank, N.A.. (Willow-Johnson, Mackenzie)
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Filing 31
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 2/10/2022. (Waddell, K.)
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Filing 30
ANSWER to Complaint and Affirmative Defenses by Citizens Financial Group Inc.. (Dailey, Colin)
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Filing 29
[Amended] Expedited MOTION to Remand, filed by Sylvia Maiani. (Attachments: #1 Affidavit of Silvia Maiani, #2 Exhibit A - Removal Document, #3 Exhibit B - Service Documents, #4 Envelope) (Waddell, K.)
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Filing 28
MOTION to Strike #21 MOTION to Remand, filed by Sylvia Maiani. (Attachments: #1 Envelope) (Waddell, K.)
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Motion Submitted to Chief US District Judge Richard E. Myers II regarding #28 MOTION to Strike #21 Expedited MOTION to Remand. (Waddell, K.)
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Filing 27
Rule 12 Letter Issued as to #25 First MOTION to Dismiss Plaintiff's Complaint. Response due by 2/25/2022. (Waddell, K.)
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Filing 26
Memorandum in Support regarding #25 First MOTION to Dismiss Plaintiff's Complaint filed by Hawthorne Residential Partners, LLC. (Whitlow, Frank)
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Filing 25
First MOTION to Dismiss Plaintiff's Complaint filed by Hawthorne Residential Partners, LLC. (Attachments: #1 Exhibit North Carolina Articles of Amendment, #2 Exhibit North Carolina General Warranty Deed, #3 Exhibit Lease Agreement) (Whitlow, Frank)
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Notice to Counsel regarding: #24 Answer to Complaint (Notice of Removal). Counsel indicated the incorrect division. In future filings, please reference the Western Division in the case caption. (Waddell, K.)
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Filing 24
ANSWER to Complaint by Wells Fargo Bank, N.A.. (Willow-Johnson, Mackenzie)
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Filing 23
STIPULATION of Dismissal by Citibank North America, Home Depot (Pocock, Donald)
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Filing 22
ORDER TO SHOW CAUSE regarding #21 Expedited MOTION to Remand. For the reasons stated herein, Plaintiff is ORDERED to show cause on or before February 28, 2022, as to why her motion should not be denied as improperly filed. Signed by Chief US District Judge Richard E. Myers II on 1/31/2022. (Waddell, K.)
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Notice of Pro Se E-Noticing - Pro se party 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. (Waddell, K.)
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Filing 21
Expedited MOTION to Remand filed by Sylvia Maiani. (Attachments: #1 Limited POA, #2 Exhibit A - Removal Document, #3 Exhibit B - Service Documents) (Waddell, K.)
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Filing 20
Notice of Appearance filed by Frank Todd Whitlow on behalf of Stalling Mills Apartments. (Whitlow, Frank)
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Filing 19
Financial Disclosure Statement filed by Sylvia Maiani. (Waddell, K.)
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Filing 18
Notice of Self-Representation filed by Sylvia Maiani. (Waddell, K.)
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Filing 17
Financial Disclosure Statement by Hunter Warfield identifying Corporate Parent HWI Holding, Inc. for Hunter Warfield. (Grassi, David)
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Filing 16
ANSWER to Complaint by Hunter Warfield. (Grassi, David)
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Filing 15
ORDER granting #13 Motion for Extension of Time. Defendants Citizens Bank, N.A. and Citizens Financial Group shall have up to and including February 10, 2022, to file their answer or other responsive pleading to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 1/11/2022. (Copy of order sent to Sylvia Maiani, 14 Ross Farm Lane, Clayton, NC 27524 via US Mail.) (Waddell, K.)
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Filing 14
ORDER granting #11 Motion for Extension of Time. Defendant Wells Fargo Bank, N.A. shall have to and including February 3, 2022, to file and serve a response to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 1/11/2022. (Copy of order sent to Sylvia Maiani, 14 Ross Farm Lane, Clayton, NC 27524 via US Mail.) (Waddell, K.)
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Filing 13
MOTION for Extension of Time to File Answer regarding #1 Notice of Removal,, filed by Citizens Bank, N.A., Citizens Financial Group Inc.. (Attachments: #1 Text of Proposed Order) (Dailey, Colin)
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Filing 12
Notice of Appearance filed by David Anthony Grassi on behalf of Hunter Warfield. (Grassi, David)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #11 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Waddell, K.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #13 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Waddell, K.)
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Filing 11
MOTION for Extension of Time to File Answer regarding #1 Notice of Removal,, filed by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order (Proposed Order granting motion to extend)) (Willow-Johnson, Mackenzie)
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Filing 10
Notice of Appearance filed by Mackenzie Willow-Johnson on behalf of Wells Fargo Bank, N.A.. (Willow-Johnson, Mackenzie)
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Filing 9
ORDER granting #8 Motion for Extension of Time. Defendants named herein as Citibank North America and Home Depot, shall have to and including February 7, 2022, to file and serve a response to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 1/10/2022. (Copy of order sent to Sylvia Maiani, 14 Ross Farm Lane, Clayton, NC 27524 via US Mail.) (Waddell, K.)
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Filing 8
MOTION for Extension of Time to File Answer regarding #1 Notice of Removal,, filed by Citibank North America, Home Depot. (Attachments: #1 Text of Proposed Order Proposed Order) (Pocock, Donald)
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Filing 7
Notice of Appearance filed by Donald R. Pocock on behalf of Citibank North America, Home Depot. (Pocock, Donald)
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Filing 6
Financial Disclosure Statement by Citizens Financial Group Inc. (Dailey, Colin)
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Filing 5
Financial Disclosure Statement by Citizens Bank, N.A. identifying Corporate Parent CITIZENS FINANCIAL GROUP, INC for Citizens Bank, N.A.. (Dailey, Colin)
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Filing 4
Notice of Appearance filed by Colin D.W. Dailey on behalf of Citizens Bank, N.A., Citizens Financial Group Inc.. (Dailey, Colin)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #8 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Waddell, K.)
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Filing 3
Financial Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Willow-Johnson, Mackenzie)
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Filing 2
Notice regarding #1 Notice of Removal and requirement to file a Notice of Self-Representation and Financial Disclosure Statement sent to Pro Se Plaintiff, Silvia Maiani at 14 Ross Farm Lane, Clayton, NC 27527 and mailed via US mail to defense counsel, Robert Brunner of Bryan Cave Leighton Paisner LLP at 161 North Clark Street, Suite 4300, Chicago, IL 60601 (Counsel for Citizens Financial Group, N.A. and Citizens One Consumer Loan Servicing); Donald R. Pocock of Nelson Mullins Riley & Scarborough LLP at 380 Knollwood Street. Suite 530, Winston-Salem, NC 27103 (Counsel for Citibank North America and Home Depot); Todd Whitlow & Sarah Reddy of Brownlee Whitlow & Praet LLC at 1204 Village Place, #295, Morrisville, NC 27560 (Counsel for Hawthorne Residential Partners, LLC) and David Grassi of David Grassi,The Echols Firm, LLC at 224 Oak Ave. (29730), P. O. Box 12645, Rock Hill, SC 29731 (Counsel for Hunter Warfield) mailed via US mail on January 7, 2022. (Rudd, D.)
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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.)
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Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
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Filing 1
NOTICE OF REMOVAL by Wells Fargo Bank, N.A. d/b/a Wells Fargo Preferred Capital from General Court of Justice, Superior Court Division, Johnston County, case number 21CVS004097. ( Filing fee $ 402 receipt number 0417-6383827), filed by Wells Fargo Bank, N.A. d/b/a Wells Fargo Preferred Capital. (Attachments: #1 Exhibit A (State Court File), #2 Exhibit B (Notice of Filing Notice of Removal), #3 Civil Cover Sheet, #4 Supplement (Supplemental Removal Cover Sheet)) (Willow-Johnson, Mackenzie)
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