Meadows et al v. Caliber Home Loans, Inc.
| Jeffrey Meadows and Dana Meadows |
| Caliber Home Loans, Inc. |
| 3:2019cv00761 |
| August 28, 2019 |
| US District Court for the Middle District of Tennessee |
| Barbara D Holmes |
| Eli J Richardson |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 23 REPLY to Response to Motion re #13 Second MOTION to Dismiss for Failure to State a Claim filed by Caliber Home Loans, Inc.. (Epling, Brian) |
| Filing 22 RESPONSE in Opposition re #13 Second MOTION to Dismiss for Failure to State a Claim filed by Dana Meadows, Jeffrey Meadows. (Mangrum, Jason) |
Filing 21
ORDER granting #20 Motion for Extension of Time to File Response re #13 Second MOTION to Dismiss for Failure to State a Claim. The response is due on or before October 16, 2019. Any reply is due on or before October 23, 2019. Signed by District Judge Eli J. Richardson on 10/3/2019. (jm)
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| Filing 20 MOTION for Extension of Time to File Response/Reply as to #19 Order on Motion to Remand to State Court,, #13 Second MOTION to Dismiss for Failure to State a Claim , #18 Order on Motion to Dismiss for Failure to State a Claim,,,, by Dana Meadows, Jeffrey Meadows. (Mangrum, Jason) |
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Filing 19
ORDER: Pending before the Court is Plaintiffs' Motion to Remand to State Court (Doc. No. #9 ). Because removal was properly exercised under 28 U.S.C. 1441 and the court has jurisdiction over the claims put forward in the Complaint based on diversity jurisdiction, this Court need not address whether removal was also proper based on federal question jurisdiction. Plaintiffs' Motion to Remand (Doc. No. #9 ) is DENIED. Signed by District Judge Eli J. Richardson on 10/1/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 18
ORDER: On August 30, 2019, Defendant filed a motion to dismiss. (Docket No. #6 .) On September 14, 2019, Plaintiffs filed an Amended Complaint (Docket No. #10 ). Once filed, the Amended Complaint became the legally operative complaint, Drake v. City of Detroit, 266 F. App'x 444, 448 (6th Cir. 2008), thus rendering moot Defendant's motion to dismiss. The Clerk is therefore directed to terminated Defendant's August 30 motion to dismiss at Docket No. #6 . Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on September 20, 2019, Defendant filed a renewed motion to dismiss with supporting memorandum as to the Amended Complaint (Docket Nos. #13 , #14 .) The Clerk of Court shall forward this motion and any responsive filings for the District Judge's consideration. All previously imposed deadlines remain in effect absent further order of the Court. Signed by Magistrate Judge Barbara D. Holmes on 9/30/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 17 REPLY to Response to Motion re #9 MOTION to Remand to State Court filed by Dana Meadows, Jeffrey Meadows. (Mangrum, Jason) |
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Filing 16
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 9/26/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 15
ORDER: On July 29, 2019, Plaintiffs filed a complaint against Defendant in the Chancery Court for Robertson County, Tennessee. (Doc. No. 1-2). On August 28, 2019, before Plaintiffs effected service of the complaint, Defendant removed this action to this Court. (Doc. No. #1 ). Plaintiffs have filed a Motion to Remand to State Court (Doc. No. #9 ), to which Defendant has responded (Doc. No. #12 ). Plaintiffs shall file a reply to Defendant's response within seven days of the entry of this Order of no longer than five pages. No further briefing will be permitted on this motion. Signed by District Judge Eli J. Richardson on 9/23/2019. (mg)
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| Filing 14 MEMORANDUM in Support of #13 Second MOTION to Dismiss for Failure to State a Claim filed by Caliber Home Loans, Inc. . (Paulson, Daniel) |
| Filing 13 Second MOTION to Dismiss for Failure to State a Claim by Caliber Home Loans, Inc.. (Paulson, Daniel) |
| Filing 12 RESPONSE in Opposition re #9 MOTION to Remand to State Court filed by Caliber Home Loans, Inc.. (Paulson, Daniel) |
| Filing 11 CERTIFICATE certificate of service filed by Dana Meadows, Jeffrey Meadows re Annotation - Deficiency Notice, #10 Amended Complaint filed by Dana Meadows, Jeffrey Meadows. (Mangrum, Jason) |
| NOTICE TO FILER re DE#10 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for this document. (jm) |
| Filing 10 AMENDED COMPLAINT against Caliber Home Loans, Inc., filed by Dana Meadows, Jeffrey Meadows.(Mangrum, Jason) |
| Filing 9 MOTION to Remand to State Court by Dana Meadows, Jeffrey Meadows. (Mangrum, Jason) |
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Filing 8
ORDER: On August 30, 2019, Defendant filed a motion to dismiss and memorandum in support (Docket Entry Nos. #6 , #7 ). Any response by Plaintiff shall be filed pursuant to Rule 12, Fed. R. Civ. P., and Local Rule 7.01(a)(3). An optional reply may be filed within seven (7) days of the filing of the response, and shall not exceed five (5) pages. The Clerk is directed to forward the motion to the Honorable Eli J. Richardson, District Judge for his consideration of Defendant's motion to dismiss. The initial case management conference remains scheduled for 3:30 p.m., November 12, 2019, whether or not a ruling has entered on this pending motion, unless otherwise ordered by the Court. Signed by Magistrate Judge Barbara D. Holmes on 9/11/2019. (jm)
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| Filing 7 MEMORANDUM in Support of #6 MOTION to Dismiss for Failure to State a Claim filed by Caliber Home Loans, Inc. . (Epling, Brian) |
| Filing 6 MOTION to Dismiss for Failure to State a Claim by Caliber Home Loans, Inc.. (Attachments: #1 Exhibit Promissory Note, #2 Exhibit Deed of Trust, #3 Exhibit Assignment of Deed of Trust, #4 Exhibit Appointment of Substitute Trustee, #5 Exhibit Notice of Federal Tax Lien, #6 Exhibit Certificate of Release of Federal Tax Lien, #7 Exhibit Complaint in Case No. 3:18-cv-746, #8 Exhibit Memorandum Opinion in Case No. 3:18-cv-746, #9 Exhibit Notice of Voluntary Dismissal in Case No. CH-18-CV-294, #10 Exhibit Order of Voluntary Dismissal in Case No. CH-18-CV-294, #11 Exhibit Judgment in Case No. 3:18-cv-746)(Epling, Brian) |
| TN State Bar status verified as active for Brian R. Epling, Daniel J. Paulson, and Jason S. Mangrum. (jm) |
| Filing 1 NOTICE OF REMOVAL by Caliber Home Loans, Inc. from Chancery Court of Robertson County, Tennessee, case number CH-19-CV-331. ( Filing fee $ 400 receipt number 0650-2981996) (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit 1 - State Court Proceedings)(jm) |
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