Tagg v. Wells Fargo Bank, N.A.
| William T. Tagg |
| Wells Fargo Bank, N.A., PRLAP, Inc., Bank of America Funding Corporation and Rubin Lublin, PLLC |
| Clerk W. Aaron Hall |
| 2:2019cv02823 |
| November 27, 2019 |
| US District Court for the Western District of Tennessee |
| Thomas L Parker |
| Tu M Pham |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on April 2, 2020. A more recent docket listing may be available from PACER.
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Filing 24
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Plaintiff moves for an extension of time to respond to Defendants Bank of America Funding Corporation and PRLAP, Inc.'s motion to dismiss for a second time. (ECF No. 23.) For good cause shown, the Court GRANTS Plaintiff's motion. Plaintiff will have until February 7, 2020, to respond to the motion to dismiss. Signed by Judge Thomas L. Parker on 1/24/2020. (bab)
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| Filing 23 MOTION for Extension of Time to File Response/Reply as to #7 Memorandum in Support of Motion, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by William T. Tagg. (Attachments: #1 Affidavit)(Brewer, Webb) |
| Filing 22 SETTING LETTER - TEXT ONLY,NO IMAGE ATTACHED; Show Cause Hearing set for 2/3/2020 at 09:30 AM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) |
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Filing 21
ORDER TO SHOW CAUSE. Signed by Judge Thomas L. Parker on 1/22/2020. (bab)
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| Filing 20 SUGGESTION OF BANKRUPTCY Upon the Record by William T. Tagg. (Brewer, Webb) |
| Filing 19 Minute Entry for proceedings held before Judge Thomas L. Parker; Motion Hearing held on 1/7/2020 re: #16 MOTION to Expedite Hearing filed by Plaintiff, Granted; and, Hearing on Motion #15 MOTION for Temporary Restraining Order filed by William T. Tagg. Webb Brewer appeared for the Plaintiff. Lauren Roberts appeared telephonically for Wells Fargo Bank and Alex McFall appeared telephonically for Bank of America and PRLAP, Inc. The sale date for the property in question is set for Thursday, January 9, 2020. Plaintiff is requesting to stop the sale of the property until the Court decides pending motions to dismiss. Plaintiff argued that because of confusion as to if or when Wells Fargo was substituted as trustee, the Court should enjoin it from selling the property in foreclosure. Wells Fargo and Bank of America argued Plaintiff has failed to make any mortgage payments in almost four (4) years so he is in default. They also emphasized that Plaintiff is requesting extraordinary relief and must make a showing of likelihood of success on the merits of this action. Defendants argued that Plaintiff cannot make such a showing. The Court heard argument on the Motion for TRO. After arguments the Court took an hour break to prepare its ruling. RULING: Webb Brewer appeared telephonically for the Plaintiff. Lauren Roberts appeared telephonically for Wells Fargo Bank and Alex McFall appeared telephonically for Bank of America and PRLAP, Inc. The Court Denied Plaintiffs Motion for TRO finding that Plaintiff failed to show likelihood of success on the merits. (Court Reporter, Mark Dodson) (mlk) |
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Filing 18
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Plaintiff moves for an expedited telephonic status conference. (ECF No. 16.) The Court will address the status of this action during the hearing (ECF No. 17) addressing Plaintiff's motion for temporary restraining order scheduled on January 7, 2020, at 2:30 p.m. Signed by Judge Thomas L. Parker on 1/6/2020. (bab)
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| Filing 17 SETTING LETTER - TEXT ONLY, NO NOTICE ATTACHED; Re: Hearing #15 MOTION for Temporary Restraining Order set for 1/7/2020 at 02:30 PM in Courtroom 2 - Memphis before Judge Thomas L. Parker. (mlk) |
| Filing 16 MOTION to Expedite proposed order submitted by William T. Tagg. (Brewer, Webb) |
| Filing 15 MOTION for Temporary Restraining Order proposed order submitted by William T. Tagg. (Attachments: #1 memorandum)(Brewer, Webb) |
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Filing 14
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Plaintiff moves for an extension of time to respond to Defendants Bank of America Funding Corporation and PRLAP, Inc.s motion to dismiss. (ECF No. 13.) For good cause shown, the Court GRANTS Plaintiffs motion. Plaintiff will have until January 23, 2020, to respond to the motion to dismiss. Signed by Judge Thomas L. Parker on 1/2/2020. (bab)
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| Filing 13 MOTION for Extension of Time to File Response/Reply proposed order submitted by William T. Tagg. (Brewer, Webb) |
| Filing 12 MEMORANDUM in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wells Fargo Bank, N.A.. (Roberts, Lauren) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wells Fargo Bank, N.A.. (Roberts, Lauren) |
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Filing 10
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Defendant Wells Fargo Bank, N.A., moves #8 for an extension of time to respond to Plaintiff's complaint (ECF No. 1). For good cause shown, the Court GRANTS the motion. Defendant will have until December 18, 2019, to respond to Plaintiff's complaint. Signed by Judge Thomas L. Parker on 12/5/2019. (bab)
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| Filing 9 Notice of Correction to #8 MOTION for Extension of Time to File Response/Reply Proposed Order Submitted . (Roberts, Lauren) |
| Filing 8 MOTION for Extension of Time to File Response/Reply Proposed Order Submitted by Wells Fargo Bank, N.A.. (Roberts, Lauren) |
| Filing 7 MEMORANDUM in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bank of America Funding Corporation, PRLAP, Inc.. (McFall, Erin) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of America Funding Corporation, PRLAP, Inc.. (Attachments: #1 Exhibit A - Adjustable Rate Note, #2 Exhibit B - Deed of Trust, #3 Exhibit C - Appointment of Recontrust, #4 Exhibit D - Assignment of Deed of Trust, #5 Exhibit E - Substitution of Trustee, #6 Exhibit F - Appointment of Successor Trustee)(McFall, Erin) |
| 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) |
| 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) |
| 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) |
| Filing 2 Judge Thomas L. Parker and Magistrate Judge Tu M. Pham added. (jld) |
| Filing 1 NOTICE OF REMOVAL by Wells Fargo Bank, N.A. as Trustee for Banc of America Funding Corporation, mortgage pass-through certificates, Series 2007-E from Chancery Court for Shelby County Tennessee, case number CH-18-0770-3 (Filing fee $ 400 receipt number ATNWDC-3226396), filed by Wells Fargo Bank, N.A. as Trustee for Banc of America Funding Corporation, mortgage pass-through certificates, Series 2007-E. (Attachments: #1 Civil Cover, #2 Exhibit A, #3 Exhibit B)(Roberts, Lauren) |
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