JPMorgan Chase Bank, National Association v. Buckner et al
| JPMorgan Chase Bank, National Association |
| Scherzinger Corporation, Renee A. Buckner, Amtrust, Lorin K Buckner, Eugene Strimling, Alphons M. Veldhuis, Shirta Hines and Christopher Williams |
| 1:2019cv00025 |
| January 8, 2019 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Timothy S Black |
| Stephanie K Bowman |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on February 14, 2019. A more recent docket listing may be available from PACER.
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Notation Order: This case is before the Court on Defendant Lorin Buckner's motion for reconsideration of the Court's Order remanding this case to the Butler County Court of Common Pleas (Doc. 11). Mr. Buckner argues remand was inappropriate because the parties are diverse. This argument is not well-taken because Mr. Buckner admits he "is a citizen of the State of Ohio for purposes of diversity jurisdiction" and 28 U.S.C. 1441(b)(2) expressly states civil actions "may not be removed if any of the parties in interest... is a citizen of the State in which such action is brought." Accordingly, Mr. Buckner's motion for reconsideration is DENIED. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/14/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 11 Notice of Motion and MOTION for Reconsideration of Order ____; Memorandum of Points and Authorities; Declaration of ____; Exhibits by Defendant Lorin K Buckner. (eh) |
| Filing 10 CLERK'S JUDGMENT (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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Notation Order: This case is before the Court on Defendant's Emergency Motion to Enforce the Federal Order/Stay (Doc. 9). Defendant's motion purports to argue that there is a "federal stay" of the underlying foreclosure action because Defendant filed a notice of removal. Defendant's argument is not well-taken. 28 U.S.C. 1446(d) states that, when a defendant files a notice of removal in state court, "the State court shall proceed no further unless and until the case is remanded." On 1/16/19, this Court remanded this case to the Butler County Court of Common Pleas. (Doc. 8). Accordingly, any "federal stay" no longer exists, and Defendant's Emergency Motion (Doc. 9) is DENIED. IT IS SO ORDERED.. Signed by Judge Timothy S. Black on 1/16/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 9 Emergency MOTION for an Order for Show Cause Hearing to Enforce the Federal Order/Stay by Defendant Lorin K Buckner. (eh) |
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Filing 8
ORDER REMANDING CASE. Signed by Judge Timothy S. Black on 1/16/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 7 State Court Record received from Defendant Lorin K. Buckner. (Attachments: #1 Record, Part 2) (eh) |
| Filing 6 MOTION for Temporary Restraining Order originally filed 1/8/2019 in Butler County Court of Common Pleas (Case No. CV2010 01 0035) by Defendant Lorin K Buckner. (eh) |
| Filing 5 ANSWER to #2 Complaint originally filed 5/29/2015 in Butler County Court of Common Pleas (Case No. 2010 01 0035) filed by Amtrust. (eh) |
| Filing 4 ANSWER to #2 Complaint originally filed 1/19/2010 in Butler County Municipal Court (Case No. CV 2010010035) by Lorin K Buckner. (eh) (eh). |
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Filing 3
ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 1/8/19. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 2 COMPLAINT with JURY DEMAND originally filed 1/6/2010 in Butler County Court of Common Pleas by JPMorgan Chase Bank, National Association against all defendants. (eh) |
| Filing 1 NOTICE OF REMOVAL from Butler County Court of Common Pleas, Case Number CV 2010 010035 filed by Lorin K Buckner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Filing Fee Receipt) (eh) |
| Filing fee: $ 400.00, receipt number 100CIN035856 (eh) |
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