UMB Bank, N.A. as Trustee v. New Port Community Development Authority et al
Plaintiff: UMB Bank, N.A. as Trustee
Defendant: New Port Community Development Authority, City of Portsmouth Va, Treasurer Paige D Cherry, City of Portsmouth, Virginia and Paige D Cherry
Case Number: 2:2023cv00028
Filed: January 20, 2023
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Raymond A Jackson
Referring Judge: Douglas E Miller
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 14, 2023 Filing 28 Memorandum in Opposition re #25 MOTION to Dismiss for Failure to State a Claim filed by UMB Bank, N.A. as Trustee. (Driscoll, Paul)
March 10, 2023 Filing 27 Memorandum in Opposition re #22 MOTION to Dismiss for Failure to State a Claim filed by UMB Bank, N.A. as Trustee. (Driscoll, Paul)
February 28, 2023 Filing 26 Memorandum in Support re #25 MOTION to Dismiss for Failure to State a Claim filed by Paige D Cherry. (Dunn, Jason)
February 28, 2023 Filing 25 MOTION to Dismiss for Failure to State a Claim by Paige D Cherry. (Dunn, Jason)
February 27, 2023 Filing 24 ANSWER to Complaint by New Port Community Development Authority.(McFarland, Robert)
February 24, 2023 Filing 23 Brief in Support to #22 MOTION to Dismiss for Failure to State a Claim filed by City of Portsmouth, Virginia. (Challenger, Derek)
February 24, 2023 Filing 22 MOTION to Dismiss for Failure to State a Claim by City of Portsmouth, Virginia. (Challenger, Derek)
February 10, 2023 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time to Answer. The City Treasurer shall file his responsive pleadings to the Complaint on or before 2/28/2023. Signed by Magistrate Judge Douglas E. Miller on 2/10/2023. (dbra, )
February 9, 2023 Filing 20 Consent MOTION for Extension of Time to File Answer re #15 Summons Returned Executed by Paige D Cherry. (Attachments: #1 Proposed Order)(Dunn, Jason)
February 9, 2023 Filing 19 NOTICE of Appearance by Jason Alan Dunn on behalf of Paige D Cherry (Dunn, Jason)
February 2, 2023 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to Answer. City of Portsmouth shall file its responsive pleading on or before 2/28/2023. Signed by Magistrate Judge Douglas E. Miller on 2/2/2023. (dbra, )
February 1, 2023 Filing 17 MOTION for Extension of Time to File Answer re #1 Complaint,,,, by City of Portsmouth, Virginia. (Attachments: #1 Proposed Order)(Challenger, Derek)
February 1, 2023 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #17 MOTION for Extension of Time to File Answer re #1 Complaint. (dbra, )
January 31, 2023 Filing 16 NOTICE of Appearance by Derek Gerrod Challenger on behalf of City of Portsmouth, Virginia (Challenger, Derek)
January 31, 2023 Filing 15 SUMMONS Returned Executed by UMB Bank, N.A. as Trustee Paige D Cherry served on 1/25/2023, answer due 2/15/2023 (Driscoll, Paul) (Main Document 15 replaced on 2/1/2023) (dbra, ).
January 31, 2023 Filing 14 SUMMONS Returned Executed by UMB Bank, N.A. as Trustee City of Portsmouth, Virginia served on 1/24/2023, answer due 2/14/2023 (Driscoll, Paul)
January 31, 2023 Filing 13 SUMMONS Returned Executed by UMB Bank, N.A. as Trustee New Port Community Development Authority served on 1/24/2023, answer due 2/14/2023 (Driscoll, Paul)
January 26, 2023 Opinion or Order Filing 12 ORDER granting #10 Motion for Extension of Time to File Responsive Pleading by New Port Community Development Authority. Signed by Magistrate Judge Douglas E. Miller on 1/26/2023. (dbra, )
January 25, 2023 Filing 11 Financial Interest Disclosure Statement (Local Rule 7.1) by New Port Community Development Authority. (McFarland, Robert)
January 25, 2023 Filing 10 Consent MOTION for Extension to File Responsive Pleadings by New Port Community Development Authority. (Attachments: #1 Proposed Order)(McFarland, Robert)
January 25, 2023 Filing 9 NOTICE of Appearance by Jeanne Elizabeth Noonan on behalf of New Port Community Development Authority (Noonan, Jeanne)
January 25, 2023 Filing 8 NOTICE of Appearance by Robert William McFarland on behalf of New Port Community Development Authority (McFarland, Robert)
January 23, 2023 Filing 7 Citizenship Disclosure Form (Local Rule 7.1) by UMB Bank, N.A. as Trustee. (Driscoll, Paul)
January 23, 2023 Filing 6 Three (3) Summonses Issued as to Paige D Cherry, City of Portsmouth, Virginia, and New Port Community Development Authority. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Civil Motions Procedures)(epri, )
January 23, 2023 Notice of Correction re #1 Complaint. Pursuant to Civil Local Rule 7.1, a Citizenship Disclosure Form should be filed in any case noting a diversity of citizenship jurisdiction. The form can be found on our internet site and should promptly be filed. (epri, )
January 20, 2023 Initial Case Assignment to District Judge Raymond A. Jackson and Magistrate Judge Douglas E. Miller. (epri, )
January 20, 2023 Filing 5 Proposed Summons Defendant Paige D. Cherry, Treasurer by UMB Bank, N.A. as Trustee. (Driscoll, Paul)
January 20, 2023 Filing 4 Proposed Summons Defendant New Port Community Development Authority by UMB Bank, N.A. as Trustee. (Driscoll, Paul)
January 20, 2023 Filing 3 Proposed Summons re #1 Complaint,,,, Defendant City of Portsmouth by UMB Bank, N.A. as Trustee. (Driscoll, Paul)
January 20, 2023 Filing 2 NOTICE by UMB Bank, N.A. as Trustee re #1 Complaint,,,, Corporate Disclosure Statement (pursuant to Fed. R. Civ. P. 7.1) (Driscoll, Paul)
January 20, 2023 Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8763850.), filed by UMB Bank, N.A. as Trustee. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex. 1 Ordinance No. 2005-71, #3 Exhibit Ex. 2 Memorandum of Understanding, #4 Exhibit Ex. 3 Assessment Ordinance, #5 Exhibit Ex. 4 Special Assessment Agreement, #6 Exhibit Ex. 5 Master Indenture (dated as of 5/1/2006), #7 Exhibit Ex. 6 Opinion of City Attorney (dated 5/24/2006), #8 Exhibit Ex. 7 New Port Community Development Authority- Notice of Special Assessments, #9 Exhibit Ex. 8 Description of Delinquent Property, #10 Exhibit Ex. 9A - Decree of Sale - Case No. CL-1951, #11 Exhibit Ex. 9B - Decree of Sale - Case No. CL19-1593, #12 Exhibit Ex. 9C - Decree of Sale - Case No. 1594, #13 Exhibit Ex. 10 Landen Correspondence regarding allocation (dated 12/11/2021), #14 Exhibit Ex. 11 Byrd Correspondence regarding allocation (dated 12/10/2021), #15 Exhibit Ex. 12 Listed Event Notice of the Authority, #16 Exhibit Ex. 13 Virginian Pilot article)(Driscoll, Paul)

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Plaintiff: UMB Bank, N.A. as Trustee
Represented By: Paul Arthur Driscoll
Represented By: Peter G. Zemanian
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Defendant: New Port Community Development Authority
Represented By: Robert William McFarland
Represented By: Jeanne Elizabeth Noonan
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Defendant: City of Portsmouth Va
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Defendant: Treasurer Paige D Cherry
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Defendant: City of Portsmouth, Virginia
Represented By: Derek Gerrod Challenger
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Defendant: Paige D Cherry
Represented By: Jason Alan Dunn
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