Frink v. Deutsche National Bank Trust Company
| Lyndon F. Frink |
| Deutsche National Bank Trust Company |
| 7:2018cv00200 |
| November 8, 2018 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Louise Wood Flanagan |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 14, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 Memorandum in Support regarding #12 MOTION to Remand filed by Deutsche National Bank Trust Company. (Attachments: #1 Index Exhibits A thru L, #2 Exhibit Exhibit A Note dated September 6, 2006, #3 Exhibit Exhibit B Deed of Trust recorded in Book 2479, Page 261, Brunswick County Registry., #4 Exhibit Exhibit C Notice of Hearing, 17 SP 452 filed October 13, 2017., #5 Exhibit Exhibit D Order to Allow Foreclosure Sale, 17 SP 452 filed January 31, 2018., #6 Exhibit Exhibit E Notice of Appeal, 17 SP 452 filed February 12, 2018., #7 Exhibit Exhibit F Order Allowing Foreclosure, 17 SP 452 filed April 16, 2018, #8 Exhibit Exhibit G Notice of Appeal, 17 SP 452 filed April 26, 2018., #9 Exhibit Exhibit H Order Dismissing Respondents Appeal, 17 SP 452 filed August 10, 2018., #10 Exhibit Exhibit I Notice of Appeal, 17 SP 452 filed August 17, 2018., #11 Exhibit Exhibit J Substitute Trustees Deed recorded in Book 4104, Page 1196, Brunswick County Registry, #12 Exhibit Exhibit K Sheriffs Return of Service, 17 SP 452 returned October 19, 2017., #13 Exhibit Exhibit L Appointment of Substitute Trustee recorded in Book 3269, Page 285, Brunswick County Registry.) (Benjamin, John) |
| Filing 12 MOTION to Remand filed by Deutsche National Bank Trust Company. (Attachments: #1 Affidavit Exhibit A. Affidavit of John T. Benjamin, Jr.) (Benjamin, John) |
| Filing 11 Letter from S. Collins, Deputy Clerk regarding Text Order entered this date. (Collins, S.) |
TEXT ORDER denying #8 Emergency EX PARTE MOTION to Vacate Post-Removal Eviction Ex Parte for Lack of State Court Jurisdiction. This matter comes before the court on plaintiff Lyndon F. Frink's emergency ex parte motion to vacate post-removal eviction for lack of state-court jurisdiction, which the court construes as a motion for temporary restraining order. The court denies plaintiff's motion which challenges state-ordered foreclosure proceedings instituted in the Brunswick County Superior Court having file number 17 SP 452. As previously held by this court on September 11, 2018 in case 7:18-CV-67-BO, this court lacks subject-matter jurisdiction pursuant to the Rooker-Feldman doctrine over this state-ordered foreclosure proceeding. Signed by District Judge Louise Wood Flanagan on 11/30/2018. (Collins, S.)
|
|
Filing 10
ORDER REASSIGNING CASE - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is reassigned to the Honorable Louise Wood Flanagan, United States District Judge, for all further proceedings. United States District Judge James C. Dever III is no longer assigned to the case. All future documents shall reflect the revised case number of 7:18-CV-200-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 11/19/2018. sent to Lyndon F. Frink at 5325 Willie Fink Rd., NW Ash, NC 28420 via US mail. (Sellers, N.)
|
| Motion Submitted to District Judge Louise Wood Flanagan regarding #8 Emergency EX PARTE MOTION to Vacate Post-Removal Eviction Ex Parte for Lack of State Court Jurisdiction by Lyndon F. Frink. (Collins, S.) |
| Filing 9 Ex Parte Affidavit in Support of Emergency Motion to Vacate Post-Removal Eviction by Lyndon F. Frink regarding #8 EX PARTE MOTION by Lyndon F. Frink. (Attachments: #1 Exhibit A - Copy of Notice of Removal, #2 Exhibit B - Fax Cover Sheet) (Sellers, N.) |
| Filing 8 Emergency EX PARTE MOTION to Vacate Post-Removal Eviction Ex Parte for Lack of State Court Jurisdiction by Lyndon F. Frink. (Attachments: #1 Text of Proposed Order) (Sellers, N.) |
| Filing 7 Financial Disclosure Statement by Deutsche National Bank Trust Company identifying Corporate Parent Deutsche Bank Holdings, Inc., Corporate Parent Deutsche Bank Trust Corporation, Corporate Parent Deutsche Bank AG for Deutsche National Bank Trust Company. (Benjamin, John) |
| Filing 6 Notice of Appearance filed by Jake Randall Garris on behalf of Deutsche National Bank Trust Company. (Garris, Jake) |
| Filing 5 Notice of Appearance filed by John T. Benjamin, Jr on behalf of Deutsche National Bank Trust Company. (Benjamin, John) |
| Filing 4 Notice regarding #1 Notice of Removal and requirement for filing a Notice of Appearance to Brock & Scott, PLLC at 5431 Oleander Dr., Wilmington, NC 28403 mailed via US Mail on November 14, 2018. (Rudd, D.) |
| Filing 3 Financial Disclosure Statement filed by Lyndon F. Frink. (Rudd, D.) |
| Filing 2 Notice of Self-Representation filed by Lyndon F. Frink (unsigned). (Rudd, D.) |
| Filing 1 NOTICE OF REMOVAL by Lyndon F. Frink from Brunswick County Superior Court, case number 17SP452. (Filing fee $400.00 receipt number RAL068012), filed by Lyndon F. Frink. (Attachments: #1 Exhibit Writ of Possession and Application for Writ of Possession (17SP452), #2 Exhibit Notice to Vacate Property (17SP452), #3 Civil Cover Sheet) (Rudd, D.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Frink v. Deutsche National Bank Trust Company | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Lyndon F. Frink | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Deutsche National Bank Trust Company | |
| Represented By: | Jake Randall Garris |
| Represented By: | John T. Benjamin, Jr. |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
