Graham et al v. Trustee Service of Carolina PLLC et al
| Trevor G. Graham and Ann Graham |
| Trustee Service of Carolina PLLC, Wake County Clerk of Superior Court and Shellpoint Mortgage Servicing |
| 5:2022cv00454 |
| November 14, 2022 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Robert T Numbers |
| Other Fraud |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 RESPONSE in Opposition regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, filed by Ann Graham, Trevor G. Graham. (McNally, Kimberly) |
| Filing 27 Index of Exhibits. (Presel, Alan) Modified on 1/11/2023 to clarify docket text and create docket entry relationship with corresponding motion (McNally, Kimberly). |
| Filing 26 Rule 12 Letter Issued as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction and #23 MOTION to Dismiss. (Copy of letter sent to Plaintiffs via US Mail to: 1920 Wescott Dr., Raleigh, NC 27614) (McNally, Kimberly) |
| Filing 25 RESPONSE in Opposition regarding #18 MOTION for Entry of Default filed by Shellpoint Mortgage Servicing. (LaBruyere, Rachel) |
| Notice to Counsel regarding: #22 Memorandum in Support. Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit A" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. On or before 1/13/2023, counsel is directed to file an index of exhibits. (McNally, Kimberly) |
| Filing 24 Memorandum in Support regarding #23 MOTION to Dismiss filed by Shellpoint Mortgage Servicing. (Attachments: #1 Exhibit 1 - 8-17-22 Order to Allow Foreclosure Sale, #2 Exhibit 2 - 10-4-22 Order to Allow Foreclosure Sale, #3 Exhibit 3 - Substitute Trustee's Deed) (LaBruyere, Rachel) |
| Filing 23 MOTION to Dismiss filed by Shellpoint Mortgage Servicing. (LaBruyere, Rachel) |
| Filing 22 Memorandum in Support regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Trustee Service of Carolina PLLC. (Attachments: #1 Exhibit A - Note, #2 Exhibit B - Deed of Trust, #3 Exhibit C - Assignment of Deed of Trust, #4 Exhibit D - Appointment of Substitute Trustee, #5 Exhibit E - Notice of Foreclosure Hearing, #6 Exhibit F - Clerk of Court's Order (re: Foreclosure Proceeding), #7 Exhibit G - Superior Court Judge's Order (re: Foreclosure Proceeding), #8 Exhibit H - Notice of Foreclosure Sale, #9 Exhibit I - Motion to Stay Foreclosure Sale, #10 Exhibit J - Order Denying Motion to Stay Foreclosure Sale, #11 Exhibit K - Report of Foreclosure Sale, #12 Exhibit L - Substitute Trustee's Deed, #13 Exhibit M - Motion to Withdraw Plaintiffs' State Court Complaint, #14 Exhibit N - North Carolina Secretary of State Documents (re: Substitute Trustee), #15 Exhibit O - Affidavit of Default) (Presel, Alan) Modified on 1/11/2023 to identify exhibits as provided in #27 Index of Exhibits (McNally, Kimberly). |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by Trustee Service of Carolina PLLC. (Presel, Alan) |
| Filing 20 MOTION for Reconsideration of #17 Order granting Motion for Extension of Time to Answer, filed by Ann Graham, Trevor G. Graham. (McNally, Kimberly) |
| Filing 19 RESPONSE in Opposition regarding #15 MOTION for Extension of Time to File Answer regarding #1 Complaint, filed by Ann Graham and Trevor G. Graham. (McNally, Kimberly) |
Filing 17
ORDER granting #15 Motion for Extension of Time to Answer regarding #1 Complaint. Shellpoint Mortgage Servicing shall have through and including January 9, 2023 to file an answer or responsive pleading. Signed by Peter A. Moore, Jr., Clerk of Court on 12/20/2022. (Copy of order sent to Ann and Trevor Graham via US Mail to: 1920 Wescott Dr. Raleigh, NC 27614.) (McNally, Kimberly)
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| Filing 18 MOTION for Entry of Default filed by Ann Graham, Trevor G. Graham. (Attachments: #1 Proof of Service - Trustee Service, #2 Text of Proposed Order) (McNally, Kimberly) |
| Filing 16 Financial Disclosure Statement by Shellpoint Mortgage Servicing identifying Corporate Parent Shellpoint Partners LLC, Corporate Parent NRM Acquisition LLC, Corporate Parent NRM Acquisition II LLC, Corporate Parent New Residential Mortgage LLC, Corporate Parent Rithm Capital Corp., Corporate Parent New Residential Investment Corp. for Shellpoint Mortgage Servicing. (LaBruyere, Rachel) |
| Filing 15 MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Shellpoint Mortgage Servicing. (Attachments: #1 Text of Proposed Order) (LaBruyere, Rachel) |
| Filing 14 Certificate of Service filed by Shellpoint Mortgage Servicing regarding #13 Notice of Appearance of Rachel LaBruyere. (LaBruyere, Rachel) |
| Filing 13 Notice of Appearance filed by Rachel M. LaBruyere on behalf of Shellpoint Mortgage Servicing. (LaBruyere, Rachel) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #15 MOTION for Extension of Time to File Answer regarding #1 Complaint. (McNally, Kimberly) |
| Filing 12 SUMMONS Returned Executed by Trevor G. Graham, Ann Graham. Shellpoint Mortgage Servicing served on 11/16/2022. (Attachments: #1 Page 1 Summons and Certified Mail Receipt) (McNally, Kimberly) |
| Filing 11 SUMMONS Returned Executed by Trevor G. Graham, Ann Graham. Wake County Clerk of Superior Court served on 11/16/2022. (McNally, Kimberly) |
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Filing 10
ORDER granting #9 Motion for Extension of Time to File Response to #1 Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 12/9/2022. (Copy of order sent to Trevor G. Graham and Ann Graham, 1920 Wescott Dr., Raleigh, NC 27614 via US Mail.) (McNally, Kimberly)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #9 MOTION for Extension of Time to File Response as to #1 Complaint. (McNally, Kimberly) |
| Notice to Counsel regarding: #9 Motion for Extension of Time to File Response. Local counsel has not yet entered an appearance in this case as is required by Local Civil Rules 5.2(a) and 83.1(e). Counsel is directed to file an appearance in accordance with the Local Rules. Failure to do so prior to making future filings may result in a notice of deficiency. (McNally, Kimberly) |
| Filing 9 MOTION for Extension of Time to File Response/Reply as to #1 Complaint,, filed by Trustee Service of Carolina PLLC. (Attachments: #1 Text of Proposed Order) (Presel, Alan) |
| Filing 8 Financial Disclosure Statement by Trustee Service of Carolina PLLC (Presel, Alan) |
| Filing 7 Notice of Special Appearance for non-district by Alan Marc Presel on behalf of Trustee Service of Carolina PLLC. (Presel, Alan) |
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Filing 6
ORDER denying #5 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Chief US District Judge Richard E. Myers II on 11/22/2022. (Copy of order sent to Ann Graham, 1920 Wescott Dr., Raleigh, NC 27614 via US Mail.) (McNally, Kimberly)
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| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Ann Graham, Trevor G. Graham. (Attachments: #1 Exhibit A - Correspondence 8.30.2022 Wake County Clerk of Superior Court) (McNally, Kimberly) (Additional attachment(s) added on 11/21/2022: #2 Text of Proposed Order) (McNally, Kimberly). |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. (McNally, Kimberly) |
| NOTICE OF DEFICIENCY regarding #1 Complaint. A party who is proceeding without an attorney shall file a notice of self representation as to Ann Graham pursuant to Local Civil Rule 5.2(b). (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Ann Graham. 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.) |
| Filing 4 Summons Issued as to Shellpoint Mortgage Servicing, Trustee Service of Carolina PLLC, Wake County Clerk of Superior Court. (Summons issued at intake). (Rudd, D.) |
| Filing 3 Financial Disclosure Statement filed by Trevor G. Graham. (Rudd, D.) |
| Filing 2 Notice of Self-Representation filed by Trevor G. Graham. (Rudd, D.) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402.00 receipt number 500000526.), filed by Trevor G. Graham, Ann Graham. (Attachments: #1 Exhibit A- Filings in case 22SP724 in Wake County Superior Court, #2 Exhibit B- Email dated 9/9/2022, #3 Exhibit C- Declaration of Laurie Hoeltzel, Assignment of Mortgage, Assignment of Deed of Trust and Affidavit of Joseph R. Esquivel, Jr., #4 Exhibit D- MERS Search, #5 Exhibit E- Documents from 18-SP-217 from Wake County Superior Court, #6 Civil Cover Sheet) (Rudd, D.) |
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