Akers v. Gregory Funding et al
| James G. Akers |
| Gregory Funding, Wilson & Associates, PLLC, Ajax Mortgage Loan Trust 2019-F, Bank of America Corporation and Wheelhouse Partners, LLC |
| 3:2021cv00693 |
| September 3, 2021 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Barbara D Holmes |
| Eli J Richardson |
| Negotiable Instrument |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.
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Filing 17
ORDER: On September 7, 2021, Plaintiff filed a first amended emergency petition for relief that replaced his original pleading and became the operative pleading in the case. Bank of America, N.A., was listed as a defendant in the original pleading filed by Plaintiff, albeit improperly named, but is not included in the first amended emergency petition for relief. Wheelhouse Partners, LLC, was likewise named in the original pleading but is not included in the amended pleading. Plaintiff's non-inclusion of these two entities as defendants in the operative complaint effectively removed them from the case. Accordingly, the motion to dismiss (Docket Entry No. #15 ) is moot and the Clerk is directed to terminate the motion to dismiss as a pending motion without any determination on the merits. Any party objecting to this Order may do so by filing a motion for review no later than fourteen (14) days from the date this Order is served upon the party. Signed by Magistrate Judge Barbara D. Holmes on 10/25/2021. (xc:Pro se party by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 16
MEMORANDUM in Support of #15 MOTION to Dismiss Plaintiff's Emergency Petition for Declaratory & Injunctive Relief filed by Bank of America Corporation . (Wright, Heather)
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Filing 15
MOTION to Dismiss Plaintiff's Emergency Petition for Declaratory & Injunctive Relief by Bank of America Corporation. (Wright, Heather)
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TN State Bar status verified as active for Howard Keith Morrison admitted to this court. (ln)
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Filing 14
ANSWER to #9 Amended Complaint by Wilson & Associates, PLLC.(Morrison, Howard)
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Filing 13
ORDER: Because Plaintiff has not met the procedural or substantive requirements for a TRO, the Amended TRO Motion (Doc. No. #10 ) is DENIED WITHOUT PREJUDICE. This action is REFERRED to the Magistrate Judge to oversee service of process, enter a scheduling order for the management of the case, dispose or recommend disposition of any pretrial motions under 28 U.S.C. 636 (b)(1)(A) and (B), and conduct further proceedings, if necessary, under Rule 72 of the Federal Rules of Civil Procedure and the Local Rules of Court. Plaintiff is notified that he is responsible for effecting service of process on Defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. Signed by District Judge Eli J. Richardson on 9/8/2021. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 12
Summons Reissued as to Ajax Mortgage Loan Trust 2019-F, Gregory Funding, and Wilson & Associates, PLLC. Service copies returned to Plaintiff by regular mail. (ln)
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Filing 11
AMENDED MEMORANDUM in Support of #10 AMENDED MOTION for Emergency Temporary Restraining Order filed by James G. Akers. (ln)
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Filing 10
AMENDED MOTION for Emergency Temporary Restraining Order by James G. Akers. (Attachments: #1 Attachment 1 - Proposed Temporary Restraining Order)(ln)
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Filing 9
FIRST AMENDED EMERGENCY PETITION FOR DECLARATORY & INJUNCTIVE RELIEF against Ajax Mortgage Loan Trust 2019-F, Gregory Funding, and Wilson & Associates, PLLC filed by James G. Akers. (Attachments: #1 Exhibit 1 - Multiple Exhibits)(ln)
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Filing 8
ORDER: The Court concludes that Plaintiff has failed to establish that this Court has subject-matter jurisdiction over the claims in this case. Accordingly, Plaintiff's Motion for Emergency Temporary Restraining Order #2 is DENIED for lack of showing of jurisdiction. Plaintiff may refile his motion if he is able to explain why this Court has diversity jurisdiction given the citizenship of the defendants who are currently named on his current claims in this suit. Signed by District Judge Eli J. Richardson on 9/3/2021. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 7
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln)
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Filing 6
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln)
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Filing 5
Summons issued as to Ajax Mortgage Loan Trust 2019-F, Bank of America Corporation, Gregory Funding, Wheelhouse Partners, LLC, and Wilson & Associates, PLLC. Service copies returned to Plaintiff at Intake window. (ln)
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Filing 4
RECEIPT #34675063476 in the amount of $402.00 posted by James G. Akers re #1 Emergency Petition for Declaratory & Injunctive Relief. (ln)
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Filing 3
MEMORANDUM in Support of #2 MOTION for Emergency Temporary Restraining Order filed by James G. Akers. (ln)
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Filing 2
MOTION for Emergency Temporary Restraining Order by James G. Akers. (Attachments: #1 Attachment 1 - Proposed Restraining Orders)(ln)
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Filing 1
EMERGENCY PETITION FOR DECLARATORY & INJUNCTIVE RELIEF against Ajax Mortgage Loan Trust 2019-F, Bank of America Corporation, Gregory Funding, Wheelhouse Partners, LLC, Wilson & Associates, PLLC, filed by James G. Akers.(lh) (Additional attachment(s) added on 9/3/2021: #1 Exhibit 1 - Multiple Exhibits part 1, #2 Exhibit 2 - Multiple Exhibits part 2, #3 Attachment 1 - Civil Cover Sheet) (ln).
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included). (ln)
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