Trinity Home and Investment, LLC v. Fay Servicing, LLC et al
Plaintiff: Trinity Home and Investment, LLC
Defendant: HMC Assets, LLC and Fay Servicing, LLC
Undetermined: Clerk and Master Donna Russell
Case Number: 2:2018cv02704
Filed: October 11, 2018
Court: US District Court for the Western District of Tennessee
Presiding Judge: Charmiane G Claxton
Referring Judge: John T Fowlkes
2 Judge: Mark S Norris
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2018 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned to Judge Mark S. Norris for all further proceedings. Judge John T. Fowlkes, Jr no longer assigned to case. Signed by Judge John T. Fowlkes, Jr on 11/26/2018. (jae)
November 9, 2018 Filing 11 NOTICE OF CANCELATION: The Scheduling Conference set Tuesday, 11/13/2018 before Judge Fowlkes is CANCELED. Case will be reset via separate notice at a later date. (wrh)
November 8, 2018 Filing 10 MOTION to Stay Deadlines Pending Resolution of Defendants' Motion to Dismiss and Incorporated Memorandum of Law (proposed order submitted) by Fay Servicing, LLC, HMC Assets, LLC. (Haltom, James)
October 30, 2018 Filing 9 SETTING LETTER: Scheduling Conference set for 11/13/2018 at 10:45 AM in Courtroom 3 - Memphis, before Judge John T. Fowlkes Jr. A JOINT proposed scheduling order in WORD format should be submitted at least 4 days prior to the scheduling conference to the ECF propdocs email address, ECF_Judge_Fowlkes@tnwd.uscourts.gov. Please follow Judge Fowlkes scheduling guidelines at https://connection.tnwd.circ6.dcn. Counsel should be prepared to set case deadlines and discuss case status and all pending motions at the conference. Following the scheduling conference, the approved order will be filed by the Case Manager. (pyb)
October 26, 2018 Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fay Servicing, LLC, HMC Assets, LLC. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit A - Deed of Trust, #3 Exhibit B - Notice of Foreclosure Sale, #4 Exhibit C - Proof of Publication, #5 Exhibit D - Borrower Mailing Verification, #6 Exhibit E - Notice of Intent to Foreclose and Acceleration Letter)(Haltom, James)
October 17, 2018 Filing 7 Corporate Disclosure Statement by HMC Assets, LLC. (Haltom, James)
October 11, 2018 Filing 6 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)
October 11, 2018 Filing 5 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)
October 11, 2018 Filing 4 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)
October 11, 2018 Filing 3 Judge John T. Fowlkes, Jr and Magistrate Judge Charmiane G. Claxton added. (jld)
October 11, 2018 Filing 2 Corporate Disclosure Statement by Fay Servicing, LLC identifying Corporate Parent Fay Financial, LLC for Fay Servicing, LLC.. (Haltom, James)
October 11, 2018 Filing 1 NOTICE OF REMOVAL by HMC Assets, LLC, Fay Servicing, LLC from Shelby County Chancery Court, case number CH-18-1432-3 (Filing fee $ 400 receipt number ATNWDC-2900641), filed by HMC Assets, LLC, Fay Servicing, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Copy of State Court File, #3 Errata B - State Court Notice of Removal)(Haltom, James)

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Plaintiff: Trinity Home and Investment, LLC
Represented By: Curtis D. Johnson, Jr.
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Defendant: HMC Assets, LLC
Represented By: James A. Haltom
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Defendant: Fay Servicing, LLC
Represented By: James A. Haltom
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Undetermined: Clerk and Master Donna Russell
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