Kirkpatrick v. Ditech Financial LLC
| Beverly J. Kirkpatrick and Beverly J Kirkpatrick |
| Ditech Financial LLC |
| 3:2019cv01954 |
| August 15, 2019 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Real Property: All Other Real Property |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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Filing 14
ORDER denying #5 Motion to Remand to State Court and her related request for jurisdictional discovery. (Ordered by Judge Sam A. Lindsay on 10/1/2019) (ykp)
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| Filing 13 AMENDED NOTICE OF REMOVAL by Ditech Financial LLC. Amendment to #11 Order. (Attachments: #1 Exhibit(s) B - Kirkpatrick Kaufman CAD Property Search, #2 Exhibit(s) C - HS Exemption application, #3 Exhibit(s) D - Portion of Accruint Report Kirkpatrick) (Hogan, Melinda) Modified docket text on 10/1/2019 (aaa). |
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Filing 12
ORDER denying #9 Motion for Hearing. The court normally does not conduct hearings on motions to remand and, instead, rules on such motions based on the parties' written submissions. If, however, the court determines that a hearing is necessary, it will schedule a hearing by separate order. Accordingly, the court denies without prejudice the Request for Hearing on Plaintiff's Motion to Remand for Lack of Subject Matter Jurisdiction. (Ordered by Judge Sam A. Lindsay on 9/18/2019) (ykp)
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Filing 11
ORDER: A federal court has an independent duty, at any level of the proceedings, to determine whether it properly has subject matter jurisdiction over a case. The burden of establishing that the court has subject matter jurisdiction to entertain an action rests with the party asserting jurisdiction. Accordingly, the jurisdictional allegations in the Notice of Removal are insufficient to establish subject matter jurisdiction based on diversity. Defendant shall, therefore, file an amended notice of removal that cures the deficiency noted by 9/30/2019. Failure to do so will result in the sua sponte remand of this action to state court for lack of subject matter jurisdiction. (Ordered by Judge Sam A. Lindsay on 9/17/2019) (axm)
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| Filing 9 First MOTION for Hearing re #5 First MOTION to Remand to State Court filed by Beverly J Kirkpatrick (Ghrist, Ian) |
| Filing 8 CERTIFICATE of Conference re #5 First MOTION to Remand to State Court by Ian Douglas Ghrist on behalf of Beverly J Kirkpatrick (Ghrist, Ian) |
| Filing 7 MOTION for Temporary Restraining Order (), MOTION for Temporary Injunction and Permanent Injunction filed by Beverly J Kirkpatrick. (See Doc #6 for image.) (awc) |
| Filing 6 AMENDED COMPLAINT against Beverly J Kirkpatrick filed by Beverly J Kirkpatrick. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ghrist, Ian) |
| Filing 5 First MOTION to Remand to State Court filed by Beverly J Kirkpatrick with Brief/Memorandum in Support. Attorney Ian Douglas Ghrist added to party Beverly J Kirkpatrick(pty:pla) (Ghrist, Ian) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 2. Tue Aug 20 09:25:37 CDT 2019 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Aug 19 08:57:41 CDT 2019 (crt) |
| Filing 3 SUGGESTION OF BANKRUPTCY Upon the Record as to Ditech Financial, LLC by Ditech Financial LLC. (Attachments: #1 Exhibit(s) A - Bankruptcy Petition, #2 Exhibit(s) B - Limited Stay Modification Order) (Hogan, Melinda) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 2. Fri Aug 16 09:05:21 CDT 2019 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (mla) |
| Filing 2 New Case Notes: A filing fee has been paid. Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (zkc) |
| Filing 1 NOTICE OF REMOVAL from 422 Judicial District, Kaufman County, case number 103039-422 filed by Ditech Financial LLC. (Filing fee $400; receipt number 0539-10195366) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Index of State Court File, #2 Exhibit(s) State Court File, #3 Exhibit(s) B CAD, #4 Cover Sheet, #5 Cover Sheet Supplement) (Hogan, Melinda) |
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