Thompson v. Lakeview Loan Servicing
| Deric M. Thompson |
| Lakeview Loan Servicing, LLC |
| 1:2024cv00365 |
| September 17, 2024 |
| U.S. District Court for the District of Rhode Island |
| Lincoln D Almond |
| William E Smith |
| Negotiable Instrument |
| 28 U.S.C. ยง 1345 Foreclosure |
| Plaintiff |
Docket Report
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TEXT ORDER reserving on Plaintiff Deric Thompson's #2 Motion for Leave to Proceed In forma pauperis. Thompsons #1 Complaint does not contain a "short and plain statement of the claim[s] showing that [he] is entitled to relief." Fed. R. Civ. P. 8(a)(2). Instead, the Complaint features a wandering recitation of various legal authorities and makes vague claims regarding his interest in a disputed property. See generally Compl. Although the Court has liberally construed Thompson's allegations and legal claims because he is a pro se litigant, his Complaint nevertheless falls short of the standard set forth in Rule 8(a)(2). See Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam) (noting that allegations in a pro se complaint are held "to less stringent standards than formal pleadings drafted by lawyers"). Rather than dismissing the Complaint for failing to state a claim, the Court affords Thompson thirty (30) days to file an amended complaint under Federal Rule of Civil Procedure 15. Failure to file an amended complaint by that deadline December 12, 2024 will result in dismissal under 28 U.S.C. 1915(e)(2)(B)(ii). Additionally, the Proof of Service, ECF No. 4, is stricken from the record because the Clerk has not yet issued Summons. The Court stays proceedings on all other pending motions (ECF Nos. 7, 9-11).. So Ordered by District Judge William E. Smith on 11/14/2024. (Potter, Carrie)
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| Filing 21 REPLY to Response re #16 Response to Motion, filed by Deric M. Thompson. (Attachments: #1 Exhibit 5)(Hill, Cherelle) |
| Filing 20 REPLY to Response re #15 Response to Motion, filed by Deric M. Thompson. (Hill, Cherelle) |
| Filing 19 REPLY to Response re #14 Response to Motion filed by Deric M. Thompson. (Hill, Cherelle) |
| Filing 18 NOTICE OF VIOLATION OF CONSUMER RIGHTS by Deric M. Thompson (Hill, Cherelle) (Additional attachment(s) added on 11/5/2024: #1 Exhibit 4) (Hill, Cherelle). |
| Filing 17 RESPONSE TO re #12 Reply Memorandum. (Hill, Cherelle) |
| Filing 16 RESPONSE In Opposition to #11 MOTION for Court Clarification on the Admissibility of a Pay-to-Order Promissory Note as Evidence of an Outstanding Debt filed by Lakeview Loan Servicing, LLC. Replies due by 11/6/2024. (McDermott, Travis) |
| Filing 15 RESPONSE In Opposition to #10 MOTION to Review Judgment for Violation of Rule 59 of Rules of Court and for the Conduct of Hearing on the Amended Complaint filed by Lakeview Loan Servicing, LLC. Replies due by 11/6/2024. (Attachments: #1 Exhibit A, #2 Exhibit B)(McDermott, Travis) |
| Filing 14 RESPONSE In Opposition to #9 MOTION for Summary Judgment filed by Lakeview Loan Servicing, LLC. Replies due by 11/6/2024. (McDermott, Travis) |
| Filing 13 NOTICE by Lakeview Loan Servicing, LLC Notice of Related Proceedings (McDermott, Travis) |
| Filing 12 MEMORANDUM IN SUPPORT by Lakeview Loan Servicing, LLC in support of #7 MOTION to Dismiss .(McDermott, Travis) Modified Text on 10/28/2024 (Hill, Cherelle). |
| Filing 11 MOTION for Court Clarification on the Admissibility of a Pay-to-Order Promissory Note as Evidence of an Outstanding Debt filed by Deric M. Thompson. Responses due by 11/1/2024. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gonzalez Gomez, Viviana) (Main Document 11 replaced on 10/18/2024) (Gonzalez Gomez, Viviana). |
| Filing 10 MOTION to Review Judgment for Violation of Rule 59 of Rules of Court and for the Conduct of Hearing on the Amended Complaint filed by Deric M. Thompson. Responses due by 11/1/2024. (Gonzalez Gomez, Viviana) |
| Filing 9 MOTION for Summary Judgment filed by Deric M. Thompson. Responses due by 11/1/2024. (Gonzalez Gomez, Viviana) |
| Filing 8 RESPONSE In Opposition to #7 MOTION to Dismiss filed by Deric M. Thompson. Replies due by 10/25/2024. (Gonzalez Gomez, Viviana) |
| Filing 7 MOTION to Dismiss filed by Lakeview Loan Servicing, LLC. Responses due by 10/24/2024. (Attachments: #1 Supporting Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(McDermott, Travis) |
| Filing 6 Corporate Disclosure Statement by Lakeview Loan Servicing, LLC. (McDermott, Travis) |
| Filing 5 NOTICE of Appearance by Travis J. McDermott on behalf of Lakeview Loan Servicing, LLC (McDermott, Travis) |
| Filing 4 STRIKEN via 11/142024 Text Order SUMMONS Returned Executed by Deric M. Thompson. Lakeview Loan Servicing, LLC served on 9/19/2024, answer due 10/10/2024. (Hill, Cherelle)CORRECTIVE DOCKET ENTRY Regarding: #4 Summons Returned Executed Docketed in Error Please Disregard. Modified Text on 9/26/2024 (Hill, Cherelle). Modified on 11/14/2024 (Potter, Carrie). |
| Filing 3 CASE OPENING NOTICE ISSUED (Hill, Cherelle) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Deric M. Thompson. (Attachments: #1 Affirmation of no Income)(Hill, Cherelle) |
| Filing 1 COMPLAINT, filed by Deric M. Thompson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Summons, #5 Memorandum of Law, #6 Civil Cover Sheet)(Hill, Cherelle) |
| Case assigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond. (Hill, Cherelle) |
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| Plaintiff: Deric M. Thompson | |
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| Defendant: Lakeview Loan Servicing, LLC | |
| Represented By: | Travis J. McDermott |
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