Spivey v. JP Morgan Chase Bank, N.A. et al
| Patrica J Spivey |
| JP Morgan Chase Bank, N.A., Corporation Service Company, CT Corporation System, BWW Law Group, LLC. and Commonwealth Trustees, LLC |
| 3:2022cv00350 |
| April 29, 2022 |
| US District Court for the Eastern District of Virginia |
| Henry E Hudson |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
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Filing 12
FINAL ORDER (Granting Defendants' Motions to Dismiss Without Prejudice) - THIS MA TIER is before the Court on Defendants' Motions to Dismiss, filed on May 6, 2022. (ECF Nos. #4 , #7 .) For the reasons fully stated in the accompanying Memorandum Opinion, Defendants' Motions to Dismiss are GRANTED. Additionally, all claims against other Defendants in this case are sua sponte DISMISSED. Therefore, Plaintiffs Complaint is hereby DISMISSED without prejudice in its entirety. Should Plaintiff wish to appeal this Order, written notice of appeal must be filed with the Clerk of Court within thirty (30) days of the date of entry hereof. Failure to file a notice of appeal within the stated period may result in the loss of the right to appeal. This case is CLOSED. Signed by District Judge Henry E. Hudson on 6/10/2022. Copy of memorandum opinion and final order mailed to pro se Plaintiff. (jpow, )
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Filing 11
MEMORANDUM OPINION (Granting Defendants' Motions to Dismiss Without Prejudice). Signed by District Judge Henry E. Hudson on 6/10/2022. (jpow, )
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Filing 10
ORDER (Setting Deadline for Briefing on the Nominal Status of Defendants) - On May 2, 2022, the Court ordered Plaintiff to file briefing on the nominal status of certain Defendants. (Order, ECF No. 3.) To date, the Court has received no response from Plaintiff or any other communication. The Court, however, mistakenly did not include a deadline before which Plaintiff had to respond. Thus, in an abundance of caution, the Court will allow Plaintiff to file any response to the Court's earlier Order (ECF No. #3 ) within ten (10) days of the entry of this Order. Any response submitted by Plaintiff should conform to the instructions contained in the Court's earlier Order. Signed by District Judge Henry E. Hudson on 6/1/2022. Copy of order and ECF No. 3 mailed to pro se plaintiff as directed.(jpow, ) (Main Document 10 replaced on 6/3/2022) (jpow, ).
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Filing 9
Corporate Disclosure Statement by Commonwealth Trustees, LLC. (Higgins, Andrew)
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Filing 8
Memorandum in Support re #7 First MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by Commonwealth Trustees, LLC. (Higgins, Andrew)
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Filing 7
First MOTION to Dismiss for Failure to State a Claim with Roseboro,. by Commonwealth Trustees, LLC. (Higgins, Andrew)
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Filing 6
NOTICE of Appearance by Andrew M Higgins on behalf of Commonwealth Trustees, LLC (Higgins, Andrew)
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Filing 5
Memorandum in Support re #4 MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6) with Roseboro,. filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit Ex. 1 - Note, #2 Exhibit Ex. 2 - DOT, #3 Exhibit Ex. 3 - ADOT, #4 Exhibit Ex. 4- Appt of ST, #5 Exhibit Ex. 5 - Trustees Deed, #6 Exhibit Ex 6 - Docket, #7 Proposed Order Proposed Order)(Nader, John)
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Filing 4
MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. P. 12(b)(6) with Roseboro,. by JP Morgan Chase Bank, N.A.. (Attachments: #1 Supplement Roseboro Notice)(Nader, John)
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Filing 3
ORDER (Requesting Briefing on the Nominal Status of Defendants) - THIS MATTER is before the Court on its own initiative. On April 29, 2022, Defendant JPMorgan Chase Bank, NA ("Chase") removed this case from the Circuit Court of Henrico County, Virginia. (Notice of Removal, ECF No. 1.) Generally, removal of a case requires the consent of all defendants. Hartford Fire Ins. Co. v. Harleysville Mut. Ins. Co., 736 F.3d 255, 259 (4th Cir. 2013). In this case, however, Chase argues that removal is proper without the consent of the other four Defendants because they are "nominal parties." A nominal party is one who has "no immediately apparent stake in the litigation either prior or subsequent to the act of removal." Hartford, 736 F.3d at 259. Consent of a nominal party is not required to remove a case to federal court. Id. Chase contends that the other Defendants are nominal because they have no connection to the allegations contained in the Complaint. Plaintiff Patricia J. Spivey ("Spivey") proceeds pro se in this litigation. In the interest of fairness, she deserves a chance to respond to Chase's contention that the other Defendants are nominal. Thus, the Court DIRECTS Spivey to explain in a briefing no longer than five (5) pages whether the other Defendants, BWW Law Group, LLC, CT Commonwealth Trustees, LLC, Corporation Service Company, and CT Corporation System, are nominal. In other words, Spivey should explain what connection the other Defendants have to the allegations contained in her Complaint and what, if anything, she wants those Defendants to do if she prevails. If Spivey so wishes, she may concede that the other Defendants are nominal and proceed in this lawsuit against Chase alone. Signed by District Judge Henry E. Hudson on 5/2/2022. Copy of order mailed to Spivey who appears pro se as directed. Copy of order sent by NEF to counsel of record.(jpow, )
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Filing 2
Corporate Disclosure Statement by JP Morgan Chase Bank, N.A.. (Nader, John)
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Filing 1
Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-8369281.), filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F, #8 Exhibit Ex. G, #9 Exhibit Ex. H, #10 Exhibit Ex. I, #11 Exhibit Ex. J, #12 Exhibit Ex. K, #13 Exhibit Ex. L, #14 Exhibit Ex. M, #15 Exhibit Ex. N, #16 Exhibit Ex. O, #17 Exhibit Ex. P, #18 Exhibit Ex. Q, #19 Exhibit Ex. R, #20 Exhibit Ex. S, #21 Exhibit Ex. T, #22 Exhibit Ex. U, #23 Exhibit Ex. V.)(Nader, John)
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