Walker v. U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4
Plaintiff: Shirlean Tate Walker
Defendant: U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4 and Select Portfolio Servicing
Undetermined: Donna L. Russell
Case Number: 2:2018cv02624
Filed: September 11, 2018
Court: US District Court for the Western District of Tennessee
Presiding Judge: Jon Phipps McCalla
Referring Judge: Tu M Pham
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2018 Filing 18 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #17 Amended Complaint,, filed by Shirlean Tate Walker has been filed. However, the following deficiency has been found: Filer did not add the addition party "Select Portfolio Servicing" when prompted. Clerk's office has added the additional defendant. Please refer to the #ECF User Manual and #ECF Policies and Procedures.
November 5, 2018 Filing 17 AMENDED COMPLAINT against U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4, filed by Shirlean Tate Walker. (Attachments: #1 Exhibit Promissory Note, #2 Exhibit MERS marketing kit, #3 Exhibit State of Delaware Cancellation Notice, #4 Exhibit QWR Response, #5 Exhibit MERS corporate resolution example, #6 Exhibit Walker Assignment 2018, #7 Exhibit Oak Street Bankruptcy Schedules)(Johnson, Curtis)
November 2, 2018 Filing 16 RESPONSE to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shirlean Tate Walker. (Attachments: #1 Memorandum Memorandum in Support of Opposition to Motion to Dismiss, #2 Exhibit Exhibit 1 Promissory note, #3 Exhibit Exhibit 2 Oak Street Bankruptcy Petition, #4 Exhibit Exhibit 3 Oak Street Cancellation with Delaware Secretary of State, #5 Exhibit Exhibit 4 Walker Assignment, #6 Exhibit Exhibit 5 Deed of Trust, #7 Exhibit Exhibit 6 MERS Marketing Kit Excerpt, #8 Exhibit Exhibit 7 MERS Resolution Example, #9 Exhibit Exhibit 8 QWR Response)(Johnson, Curtis)
November 1, 2018 Filing 15 MOTION to Clarify Case re #14 Order /Motion to Clarify Case Summary in Scheduling Order - Proposed Order Submitted by U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4. (Trammell, Bradley)
October 18, 2018 Opinion or Order Filing 14 SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 10/18/18. (Sullivan, Daniel)
October 18, 2018 Filing 13 SETTING LETTER: Jury Trial is set for Monday, 10/21/2019 at 9:30 AM before Judge Jon Phipps McCalla. Pretrial Conference is set for Friday, 10/11/2019 at 9:30 AM before Judge Jon Phipps McCalla. Proposed Pretrial Order is due by 4:30 PM on 10/2/2019. (jrs)
October 18, 2018 Filing 12 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 10/18/2018. Curtis D. Johnson, Jr. appeared for the Plaintiff. Bradley E. Trammell appeared for the Defense. Jury Trial set is for Monday, 10/21/2019 at 9:30 AM before Judge Jon Phipps McCalla. Trial is estimated to last 2-3 days. Pretrial Conference is set for Friday, 10/11/2019 at 9:30 AM before Judge Jon Phipps McCalla. Proposed Joint Pretrial Order is due by 4:30 by 10/2/2019. Order to be entered. (Court Reporter: Nicole Warren) (jrs)
October 15, 2018 Filing 11 REPORT of Rule 26(f) Planning Meeting /Joint Rule 26 Scheduling Report - Proposed Order Submitted. (Trammell, Bradley)
October 12, 2018 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit 1- Deed of Trust, #3 Exhibit 2 - Assignment of Deed of Trust, #4 Exhibit 3 - Adjustable Rate Note, #5 Exhibit 4 - Deed of Trust, #6 Exhibit 5 - Release Deed, #7 Exhibit 6 - Correspondence, #8 Exhibit 7 - Assignment of Deed of Trust)(Shelat, Kavita)
September 25, 2018 Opinion or Order Filing 9 TEXT ORDER granting #8 Motion for Extension of Time. U.S. Bank N.A.'s response to the Complaint is due October 12, 2018. Signed by Judge Jon Phipps McCalla on 9/25/18. [**TEXT ORDER ONLY** - NO IMAGE ASSOCIATED] (Sullivan, Daniel)
September 25, 2018 Filing 8 MOTION for Extension of Time to File Answer /Unopposed Motion and Supporting Memorandum for Extension of Time to Respond to Complaint - Proposed Order Submitted by U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4. (Trammell, Bradley)
September 18, 2018 Filing 7 NOTICE of Appearance by Kavita Goswamy Shelat on behalf of U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4 (Shelat, Kavita)
September 12, 2018 Filing 6 SETTING LETTER: Telephonic Scheduling Conference is set for Thursday, 10/18/2018 at 2:30 PM before Judge Jon Phipps McCalla. Counsel for the Plaintiff shall initiate the conference call prior to dialing Judge McCalla's chambers at 901-495-1291. (jrs)
September 11, 2018 Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld)
September 11, 2018 Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld)
September 11, 2018 Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld)
September 11, 2018 Filing 2 Judge Jon Phipps McCalla and Magistrate Judge Tu M. Pham added. (jld)
September 11, 2018 Filing 1 NOTICE OF REMOVAL by U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4 from Chancery Court of Shelby County, Tennessee, case number CH-18-1266-1 (Filing fee $ 400 receipt number ATNWDC-2876155), filed by U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Civil Cover Sheet)(Trammell, Bradley)

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Plaintiff: Shirlean Tate Walker
Represented By: Curtis D. Johnson, Jr.
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Defendant: U.S. Bank National Association, as Indenture Trustee for the Holders of the CIM Trust 2017-4, Mortgage Backed Notes, Series 2017-4
Represented By: Bradley E. Trammell
Represented By: Kavita Goswamy Shelat
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Defendant: Select Portfolio Servicing
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Undetermined: Donna L. Russell
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