Stinson v. Nationstar Mortgage, LLC
| Mark T. Stinson |
| Nationstar Mortgage LLC doing business as Mr. Cooper |
| 2:2024cv02094 |
| February 13, 2024 |
| U.S. District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Sheryl H Lipman |
| Real Property: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nationstar Mortgage LLC. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A - 09-13-22 Complaint, #3 Exhibit B - 11-09-23 Order, #4 Exhibit C - 02-05-24 Order)(Roberts, Lauren) |
| Filing 41 NOTICE of Appearance by Lauren Paxton Roberts on behalf of Nationstar Mortgage LLC (Roberts, Lauren) |
| Filing 40 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 (csf) |
| Filing 39 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 (csf) |
| Filing 38 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 (csf) |
| Filing 37 Chief Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. (csf) |
| Filing 36 Case transferred in from District of Florida Southern; Case Number 1:23-cv-24741. Original file certified copy of transfer order and docket sheet received. |
| SYSTEM ENTRY - Case 1:23-cv-24741 electronically transferred out to Tennessee Western. (nan) [Transferred from Florida Southern on 2/13/2024.] |
| Civil Case Terminated. Closing Case. (nan) Per Order, DE#35 . [Transferred from Florida Southern on 2/13/2024.] |
Filing 35
ORDER. Stinson's Second Amended Complaint [ECF No. #15 ] is TRANSFERRED to the U.S District Court for the Western District of Tennessee. Any future motions pertaining to these claims should be filed in the Western District of Tennessee. Any future motions filed in the above-styled action will be STRICKEN without additional consideration. This case shall remain CLOSED. Any deadlines and hearings are TERMINATED, and any pending motions are DENIED as moot. Signed by Judge Roy K. Altman on 2/12/2024. See attached document for full details. (nan) [Transferred from Florida Southern on 2/13/2024.]
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| Filing 34 SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark T. Stinson. Mark T. Stinson served on 2/5/2024, response/answer due 2/26/2024. (amb) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 33 Summons Issued as to Nationstar Mortgage, LLC. (nan) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 32 NOTICE of Filing Proposed Summons(es) by Nationstar Mortgage, LLC (nan) [Transferred from Florida Southern on 2/13/2024.] |
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Filing 31
PAPERLESS ORDER striking the Plaintiff's #30 Proof of Service. Just as FedEx isn't an approved service method under Fed. R. Civ. P. 4(e) or (h), see 25 27 Paperless Orders, neither is service by USPS. The Plaintiff MUST FOLLOW the instructions set out in Fed. R. Civ. P. 4 for service on corporations. Signed by Judge Roy K. Altman on 1/26/2024. (tbr) [Transferred from Florida Southern on 2/13/2024.]
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| Filing 30 Stricken per Order DE#31-ACKNOWLEDGMENT OF SERVICE filed by Mark T. Stinson. (Attachments: #1 Proof of Service)(nan) Modified text on 1/26/2024 (drz). [Transferred from Florida Southern on 2/13/2024.] |
| Filing 29 Summons Issued as to Nationstar Mortgage, LLC. (nan) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 28 NOTICE of Filing Proposed Summons(es) by Mark T. Stinson (nan) [Transferred from Florida Southern on 2/13/2024.] |
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Filing 27
PAPERLESS ORDER striking the Plaintiff's #26 Certificate of Service. Again, service via FedEx is not one of the approved methods for effectuating service under Fed. R. Civ. P. 4(e) or (h). Although we already noted this in our prior order, see January 12, 2024, Paperless Order, the Plaintiff has filed the exact same documents he filed before, compare #26 Certificate of Service with #24 Proof of Service. That won't do. Signed by Judge Roy K. Altman on 1/17/2024. (tbr) [Transferred from Florida Southern on 2/13/2024.]
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| Filing 26 Stricken per Order DE#27-CERTIFICATE OF SERVICE by Mark T. Stinson (nan) Modified text on 1/17/2024 (drz). [Transferred from Florida Southern on 2/13/2024.] |
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Filing 25
PAPERLESS ORDER striking the Plaintiff's #24 Notice of Proof of Service. Service via FedEx is not one of the approved methods for effectuating service under Fed. R. Civ. P. 4(e) or (h). Signed by Judge Roy K. Altman on 1/12/2024. (tbr) [Transferred from Florida Southern on 2/13/2024.]
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| Case Reopened per 20 January 9, 2024, Paperless Order. (tbr) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 24 Stricken per Order DE#25-SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark T. Stinson. Nationstar Mortgage, LLC served on 1/10/2024, response/answer due 1/31/2024. (Attachments: #1 Proof of Service)(nan) Modified text on 1/16/2024 (drz). [Transferred from Florida Southern on 2/13/2024.] |
| Filing 23 Summons Issued as to Nationstar Mortgage, LLC. (nan) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 22 NOTICE of Filing Proposed Summons(es) by Mark T. Stinson (nan) [Transferred from Florida Southern on 2/13/2024.] |
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Filing 21
PAPERLESS ORDER granting the Plaintiff's #17 Motion for Referral to the Volunteer Attorney Program. This matter is referred to the Court's Volunteer Attorney Program, where a volunteer attorney may accept the representation on a pro bono basis. The Clerk of Court is directed to obtain a description of the case and contact information from the file to post on the Court's website of available pro bono cases. If the representation is accepted, the volunteer attorney shall enter an appearance in this case and thereafter will be eligible for reimbursement of reasonable litigation expenses pursuant to the Court's Reimbursement Guidelines for Volunteer Counsel. Signed by Judge Roy K. Altman on 1/9/2024. (tbr) [Transferred from Florida Southern on 2/13/2024.]
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Filing 20
PAPERLESS ORDER denying as moot the Plaintiff's #16 Third Motion to Proceed In Forma Pauperis because the Plaintiff has paid the $405 filing fee. See #19 Clerk's Notice. The Plaintiff has ninety days from today to serve the Defendant. We also direct the Clerk of Court to RE-OPEN this case. Signed by Judge Roy K. Altman on 1/9/2024. (tbr) [Transferred from Florida Southern on 2/13/2024.]
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| Filing 19 Clerks Notice of Receipt of Filing Fee received on 1/9/2024 in the amount of $ 405.00, receipt number FLS280730. (vt) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 18 SUPPLEMENT to #15 the Second Amended Complaint by Mark T. Stinson (nan) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 17 MOTION for Referral to Volunteer Attorney Program by Mark T. Stinson. (drz) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 16 MOTION for Leave to Proceed in forma pauperis by Mark T. Stinson. (drz) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 15 Second AMENDED COMPLAINT against Nationstar Mortgage, LLC, filed by Mark T. Stinson.(drz) [Transferred from Florida Southern on 2/13/2024.] |
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Filing 14
ORDER DENYING SECOND MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. ORDER denying as moot #11 Motion for Referral to Volunteer Attorney Program; denying #13 Motion for Leave to Proceed in forma pauperis. The Amended Complaint [ECF No. #12 ] is DISMISSED without prejudice. The Plaintiff may file a second amended complaint by January 26, 2024. (Amended Complaint due by 1/26/2024.). This case remains CLOSED for administrative purposes pending the Plaintiff's filing of his second amended complaint. Signed by Judge Roy K. Altman on 12/26/2023. See attached document for full details. (nan) [Transferred from Florida Southern on 2/13/2024.]
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| Filing 13 MOTION for Leave to Proceed in forma pauperis by Mark T. Stinson. (drz) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 11 MOTION for Referral to Volunteer Attorney Program by Mark T. Stinson. (pc) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 12 AMEND COMPLAINT for Specific Performance and Damages Based on Breach of Contract, Misrepresentation, Fraud, Conversion, for Concealment or Fraud by Suppression, Forum Selection and Affidavit against Nationstar Mortgage, LLC filed in response to Order Granting Motion for Leave, filed by Mark T. Stinson.(pc) [Transferred from Florida Southern on 2/13/2024.] |
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Filing 10
PAPERLESS ORDER denying as moot the Plaintiff's #6 Motion for Referral to the Volunteer Attorney Program because we have dismissed without prejudice his #1 Complaint. See #9 Order Denying Motion to Proceed In Forma Pauperis. If the Plaintiff files an amended complaint by January 19, 2024, and if that amended complaint complies with our Local Rules, the Federal Rules of Civil Procedure, and our prior #9 Order, the Plaintiff may file a second motion for referral to the Volunteer Attorney Program. Signed by Judge Roy K. Altman on 12/19/2023. (tbr) [Transferred from Florida Southern on 2/13/2024.]
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Filing 9
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. ORDER denying #3 Motion for Leave to Proceed in forma pauperis. The Plaintiff may file an amended complaint by January 19, 2024. That amended complaint must comply with our Local Rules, the Federal Rules of Civil Procedure, and this Order. Failure to file an amended complaint by January 19, 2024, will result in dismissal without leave to amend. Amended Complaint due by 1/19/2024. The Clerk of Court is directed to CLOSE this case for administrative purposes pending the Plaintiff's filing of an amended complaint. Signed by Judge Roy K. Altman on 12/19/2023. See attached document for full details. (nan) [Transferred from Florida Southern on 2/13/2024.]
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| Filing 8 Clerk's Notice to Filer re: Summons(es), DE#7 will not be issued. Attorney or Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (nan) Modified text on 12/19/2023 (nan). [Transferred from Florida Southern on 2/13/2024.] |
| Civil Case Terminated. Closing Case. Per Order, DE#9 .(nan) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Mark T. Stinson (nan) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 6 MOTION for Referral to Volunteer Attorney Program by Mark T. Stinson. (nan) [Transferred from Florida Southern on 2/13/2024.] |
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Filing 5
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Roy K. Altman on 12/15/2023. See attached document for full details. (drz) [Transferred from Florida Southern on 2/13/2024.]
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| Filing 4 Consent by Pro Se Litigant (Non-Prisoner) Mark T. Stinson to receive Notices of Electronic Filing at email address: MSTINSON1@BELLSOUTH.NET. (wce) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Mark T. Stinson. (wce) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (wce) [Transferred from Florida Southern on 2/13/2024.] |
| Filing 1 COMPLAINT against Nationstar Mortgage, LLC. Filing fees $ 405.00. IFP Filed, filed by Mark T. Stinson. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(wce) [Transferred from Florida Southern on 2/13/2024.] |
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| Plaintiff: Mark T. Stinson | |
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| Defendant: Nationstar Mortgage LLC doing business as Mr. Cooper | |
| Represented By: | Lauren Paxton Roberts |
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