McDonagh et al v. SN Servicing Corporation et al
| Michele McDonagh and Donal McDonagh |
| SN Servicing Corporation, Edward Russell and US Bank Trust |
| Clerk W. Aaron Hall |
| 2:2020cv02539 |
| July 24, 2020 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Jon Phipps McCalla |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| 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) |
| 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) |
| Filing 23 RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Whitlock, Derek) |
| 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) |
| Filing 21 AMENDED DOCUMENT by Donal McDonagh, Michele McDonagh. Amendment to #12 Notice (Other) . (Whitlock, Derek) |
Filing 20
ORDER FOLLOWING CONFERENCE; ORDER DISMISSING EDWARD RUSSELL AS A DEFENDANT. Signed by Judge Jon Phipps McCalla on 8/21/20. (aac)
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| 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). |
| 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) |
| 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). |
| Filing 16 ANSWER to Complaint by Edward Russell. (Attachments: #1 Verification)(Russell, Edward) |
| Filing 15 NOTICE of Appearance by Edward Dale Russell on behalf of Edward Russell (Russell, Edward) |
| 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) |
| 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) |
| Filing 12 NOTICE by Donal McDonagh, Michele McDonagh (Whitlock, Derek) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting . (Whitehead, Patricia) |
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Filing 10
ORDER granting #9 Motion to Extend Deadline. Signed by Judge Jon Phipps McCalla on 7/31/20. (aac)
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| Filing 9 Joint MOTION to Extend Deadline to Respond to Complaint (proposed Order Submitted) by SN Servicing Corporation, US Bank Trust. (Whitehead, Patricia) |
| Filing 8 This document was mistakenly filed in the wrong case. (jrs) Modified on 7/27/2020 (jrs). |
| 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) |
| Filing 6 NOTICE of Appearance by Bret Jacob Chaness on behalf of SN Servicing Corporation, US Bank Trust (Chaness, Bret) |
| 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) |
| 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) |
| 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) |
| Filing 2 Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (jae) |
| 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) |
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