McDonagh et al v. SN Servicing Corporation et al
Plaintiff: Michele McDonagh and Donal McDonagh
Defendant: SN Servicing Corporation, Edward Russell and US Bank Trust
Not Classified By Court: Clerk W. Aaron Hall
Case Number: 2:2020cv02539
Filed: July 24, 2020
Court: US District Court for the Western District of Tennessee
Presiding Judge: Charmiane G Claxton
Referring Judge: Jon Phipps McCalla
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2020 Filing 25 SETTING LETTER: Jury Trial is set for Monday, 8/30/2021 at 9:30 AM before Judge Jon Phipps McCalla. Pretrial Conference is set for Friday, 8/20/2021 at 9:30 AM before Judge Jon Phipps McCalla. Proposed Joint Pretrial Order is due by 4:30 pm on 8/11/2021. (jrs)
September 17, 2020 Filing 24 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 9/17/2020. Derek E. Whitlock appeared for the Plaintiff. Bret Jacob Chaness and Patricia Whitehead appeared for the Defendant. Payment history and records discussed. Bankruptcy plan briefly reviewed. Amended complaint to be filed by 10/16/2020. Answer/reply due by 10/23/2020. Case schedule and related deadlines set. Jury Trial is set for Monday, 8/30/2021 at 9:30 AM before Judge Jon Phipps McCalla. Trial is estimated to last 3 days. Pretrial Conference set for Friday, 8/20/2021 at 9:30 AM before Judge Jon Phipps McCalla. Proposed Joint Pretrial Order is due by 4:30 PM on 8/11/2021. (Court Reporter: Cathy Phillips) (jrs)
September 10, 2020 Filing 23 RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Whitlock, Derek)
September 10, 2020 Filing 22 NOTICE by SN Servicing Corporation, US Bank Trust re #20 Order on Motion to Dismiss for Failure to State a Claim of Filing (Attachments: #1 Exhibit "A" Payment History and Other Related Documents)(Whitehead, Patricia)
August 27, 2020 Filing 21 AMENDED DOCUMENT by Donal McDonagh, Michele McDonagh. Amendment to #12 Notice (Other) . (Whitlock, Derek)
August 21, 2020 Opinion or Order Filing 20 ORDER FOLLOWING CONFERENCE; ORDER DISMISSING EDWARD RUSSELL AS A DEFENDANT. Signed by Judge Jon Phipps McCalla on 8/21/20. (aac)
August 20, 2020 Filing 19 SETTING LETTER: The Telephonic Scheduling Conference is set for Thursday, 9/17/2020 at 2:30 PM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) (Main Document 19 replaced on 8/21/2020 - date correction) (jrs).
August 20, 2020 Filing 18 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 8/20/2020. Derek E. Whitlock appeared for the Defendant -- Bret Jacob Chaness and Patricia L Whitehead appeared for the Defendants. Edward D. Russell's Motion to Dismiss Trustee from the Plaintiff's Complaint pursuant Fed. R. Civ. P. 12(b)(6) is Granted without objection. After limited review of the case, the Court reset the Telephonic Scheduling Conference to allow Defendant's more time to prepare for the conference. The Scheduling Conference is continued to Thursday, 9/17/2020 at 2:30 PM before Judge Jon Phipps McCalla. (Court Reporter: Cathy Phillips) (jrs)
August 18, 2020 Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Edward Russell. (Attachments: #1 Memorandum of Law Supporting Motion to Dismiss)(Russell, Edward) (Main Document 17 replaced on 8/21/2020 to correct case manager error) (jrs).
August 18, 2020 Filing 16 ANSWER to Complaint by Edward Russell. (Attachments: #1 Verification)(Russell, Edward)
August 18, 2020 Filing 15 NOTICE of Appearance by Edward Dale Russell on behalf of Edward Russell (Russell, Edward)
August 14, 2020 Filing 14 SETTING LETTER: The Telephonic Scheduling Conference is ADVANCED on Thursday, 8/20/2020 to 2:00 PM before Judge Jon Phipps McCalla. ***TIME CHANGE ONLY.*** To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs)
August 14, 2020 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support of Motion to Dismiss by SN Servicing Corporation. (Attachments: #1 Memorandum Memorandum of law in Support of Motion to Dismiss)(Whitehead, Patricia)
August 12, 2020 Filing 12 NOTICE by Donal McDonagh, Michele McDonagh (Whitlock, Derek)
August 6, 2020 Filing 11 REPORT of Rule 26(f) Planning Meeting . (Whitehead, Patricia)
July 31, 2020 Opinion or Order Filing 10 ORDER granting #9 Motion to Extend Deadline. Signed by Judge Jon Phipps McCalla on 7/31/20. (aac)
July 31, 2020 Filing 9 Joint MOTION to Extend Deadline to Respond to Complaint (proposed Order Submitted) by SN Servicing Corporation, US Bank Trust. (Whitehead, Patricia)
July 27, 2020 Filing 8 This document was mistakenly filed in the wrong case. (jrs) Modified on 7/27/2020 (jrs).
July 27, 2020 Filing 7 SETTING LETTER: A Telephonic Scheduling Conference is set for Thursday, 8/20/2020 at 2:30 PM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs)
July 27, 2020 Filing 6 NOTICE of Appearance by Bret Jacob Chaness on behalf of SN Servicing Corporation, US Bank Trust (Chaness, Bret)
July 24, 2020 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 (jae)
July 24, 2020 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 (jae)
July 24, 2020 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 (jae)
July 24, 2020 Filing 2 Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (jae)
July 24, 2020 Filing 1 NOTICE OF REMOVAL by SN Servicing Corporation, US Bank Trust from Shelby County Chancery Court, case number CH-20-0741-III (Filing fee $ 400 receipt number BTNWDC-3396716), filed by SN Servicing Corporation, US Bank Trust. (Attachments: #1 Exhibit "A" State Court Civil Action, #2 Civil Cover Sheet)(Whitehead, Patricia)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Tennessee Western District Court's Electronic Court Filings (ECF) System

Search for this case: McDonagh et al v. SN Servicing Corporation et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Not classified by court: Clerk W. Aaron Hall
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Michele McDonagh
Represented By: Derek E. Whitlock
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Donal McDonagh
Represented By: Derek E. Whitlock
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: SN Servicing Corporation
Represented By: Patricia L Whitehead
Represented By: Bret Jacob Chaness
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Edward Russell
Represented By: Edward Dale Russell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: US Bank Trust
Represented By: Patricia L Whitehead
Represented By: Bret Jacob Chaness
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?