Pike et al v. Wells Fargo Bank, N.A. et al
| Immacolata Pike and John H. Pike |
| Wachovia Settlement Services, LLC, Wells Fargo Bank, N.A., Wachovia Settlement Services Flood and FUNC Holdings, Inc. |
| 7:2020cv00219 |
| November 18, 2020 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 23
Certificate of Service filed by Immacolata Pike, John H. Pike. (Attachments: #1 Envelope) (Waddell, K.)
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Filing 22
Notice of Correction filed by FUNC Holdings, Inc., Wells Fargo Bank, N.A. regarding #14 Memorandum in Support . (Ewing, Baxter) Modified on 1/6/2021 to clarify document description and create docket entry relationship with the corresponding motion (Waddell, K.).
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Filing 21
ORDER granting #20 Motion for Extension of Time to File Response. John H. Pike, counsel for Plaintiffs, is hereby allowed up to and including January 28, 2021 to file a response to #13 Defendants' Motion to Dismiss. Signed by Peter A. Moore, Jr., Clerk of Court on 12/29/2020. (Copy of Order sent to John H. Pike, P.O. Box 1165, Oxford, NC 27656 via US Mail.) (Waddell, K.)
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Filing 20
MOTION for Extension of Time to File Response as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Immacolata Pike, John H. Pike. (Attachments: #1 Text of Proposed Order, #2 Envelope) (Waddell, K.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #20 MOTION for Extension of Time to File Response as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Waddell, K.)
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Filing 19
Notice filed by FUNC Holdings, Inc., Wells Fargo Bank, N.A. Consent to Plaintiffs' Motion for Extension of Time. (Ewing, Baxter)
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Filing 18
Notice of Appearance on behalf of all Plaintiffs, filed by John H. Pike. (Attachments: #1 Envelope) (Waddell, K.)
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Filing 17
Financial Disclosure Statement, filed by Immacolata Pike, John H. Pike. (Waddell, K.)
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Filing 16
ORDER granting #10 Motion for Leave to File Manually and Motion for Extension of Time to File Notice of Appearance; granting #12 Motion to Correct Corporate Name and Amend Case Caption. Plaintiff has fourteen (14) days, through and including December 30, 2020, to file a Notice of Appearance. Furthermore, Plaintiff may file in paper form until such time as he qualifies for CM/ECFsystem participation. The Clerk of Court is hereby DIRECTED to change the case caption in this matter to reflect the correct corporate name for the Defendant, from the former name "Wachovia Settlement Services, LLC a/k/a Wachovia Settlement Services Flood" to the present name "FUNC Holdings, Inc." All future pleadings in this matter should reflect the correct corporate name. Signed by District Judge Richard E. Myers II on 12/16/2020. (Copy of Order sent to John H. Pike, P.O. Box 1165, Oxford, NC 27656 via US Mail.) (Waddell, K.)
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Filing 15
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 12/16/2020. (Waddell, K.) Copy of Order sent to John H. Pike, P.O. Box 1165Oxford, NC 27656 via US Mail.) (Waddell, K, .).
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Filing 14
Memorandum in Support regarding #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FUNC Holdings, Inc., Wells Fargo Bank, N.A.. (Ewing, Baxter)
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Filing 13
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FUNC Holdings, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A - General Warranty Deed, #2 Exhibit B - Complaint, #3 Exhibit C - First Lien Priority Deed of Trust, #4 Exhibit D - Second Lien Priority Deed of Trust, #5 Exhibit E - Wachovia Open-Ended Deed of Trust, #6 Exhibit F - Affidavit of Correction, #7 Exhibit G - Certificate of Satisfaction, #8 Exhibit H - Notice of Hearing on Foreclosure of Deed of Trust) (Ewing, Baxter)
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REMINDER TO COUNSEL regarding #13 and #14 . 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 12
Consent MOTION to Correct Corporate Name and Amend Case Caption, filed by FUNC Holdings, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order) (Ewing, Baxter) Modified on 12/15/2020 to clarify document description (Waddell, K.).
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Filing 11
Notice filed by FUNC Holdings, Inc., Wells Fargo Bank, N.A. regarding #10 MOTION for Leave to File . (Ewing, Baxter)
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Notice to Counsel regarding: #12 Motion to Correct Corporate Name and Amend Case Caption. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.)
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Motions Submitted to District Judge Richard E. Myers II regarding #12 Consent MOTION to Correct Corporate Name and Amend Case Caption and #10 MOTION for Leave to File Manually. (Waddell, K.)
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SECOND NOTICE OF DEFICIENCY regarding #7 Proposed Order. Pursuant to the Text Order entered by District Judge Richard E. Myers II on November 20, 2020, counsel was directed to file a consent motion to reflect correct corporate name or corporate name change and amend case caption. Therefore, counsel should have filed a motion in accordance with Local Civil Rule 7.1 (b), and attached a proposed order as required by Section I.3 of the CM/ECF Policies and Procedures Manual. Counsel is directed to refile. (Waddell, K.)
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Filing 10
MOTION for Leave to File Manually and Motion for Extension of Time to File Notice of Appearance, filed by Immacolata Pike, John H. Pike. (Attachments: #1 Text of Proposed Order, #2 Envelope) (Waddell, K.)
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Filing 9
Notice of Appearance filed by John H. Pike on behalf of Plaintiffs. (Attachments: #1 Envelope) (Waddell, K.)
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NOTICE OF DEFICIENCY regarding #7 Proposed Order: Pursuant to the Text Order entered by District Judge Richard E. Myers II on November 20, 2020, counsel was directed to file a consent motion to reflect correct corporate name or corporate name change and amend case caption. Therefore, counsel should have filed a motion in accordance with Local Civil Rule 7.1 (b), and attached a proposed order as required by Section I.3 of the CM/ECF Policies and Procedures Manual. Counsel is directed to refile. (Waddell, K.)
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Filing 8
Financial Disclosure Statement by FUNC Holdings, Inc. identifying Corporate Parent Wells Fargo & Company for FUNC Holdings, Inc.. (Ewing, Baxter)
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Filing 7
Proposed Order regarding Text Order, Substituting FUNC Holdings, Inc as a Defendant filed by Wachovia Settlement Services, LLC, Wells Fargo Bank, N.A.. (Ewing, Baxter)
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Filing 6
ORDER granting #4 Motion for Extension of Time. Defendant Wells Fargo Bank, N.A. and FUNC Holdings, Inc.'s time to serve its answer or respond to Plaintiffs' Complaint is extended to and including December 16, 2020. Signed by Peter A. Moore, Jr., Clerk of Court on 11/20/2020. (Copy of Order sent to John H. Pike and Immacolata Pike at P. O. Box 1165, Oxford, NC 27565 via US Mail.) (Waddell, K.) .
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Filing 5
Financial Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Ewing, Baxter)
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Filing 4
MOTION for Extension of Time to File Answer filed by FUNC Holdings, Inc., Wachovia Settlement Services, LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order) (Ewing, Baxter)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #4 MOTION for Extension of Time to File Answer. (Waddell, K.)
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TEXT ORDER: In light of the representations made on page one and in paragraph 10 of the Notice of Removal [DE-1], the court ORDERS Defendant Wachovia Settlement Services, LLC a/k/a Wachovia Settlement Services Flood to file a consent motion to reflect correct corporate name or corporate name change and amend case caption on or before November 27, 2020. Entered by District Judge Richard E. Myers II on 11/20/2020. (Waddell, K.)
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Filing 3
Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to John H. Pike and Immacolata Pike at P. O. Box 1165, Oxford, NC 27565 mailed via US Mail on November 19, 2020. (Rudd, D.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to FUNC Holdings, Inc., Wachovia Settlement Services, LLC, 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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Filing 2
Notice of Appearance filed by Baxter Chad Ewing on behalf of All Defendants. (Ewing, Baxter)
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Filing 1
NOTICE OF REMOVAL by Wells Fargo Bank, N.A., FUNC Holdings, Inc., Wachovia Settlement Services, LLC from Pender County Superior Court, case number 20-CVS-000881. ( Filing fee $ 400 receipt number 0417-5731526), filed by Wells Fargo Bank, N.A., FUNC Holdings, Inc., Wachovia Settlement Services, LLC. (Attachments: #1 Exhibit A - Pleadings, #2 Exhibit B - Articles of Merger, #3 Exhibit C - Notice of Filing Notice of Removal, #4 Civil Cover Sheet, #5 Supplemental Removal Cover Sheet) (Ewing, Baxter)
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