Douglas v. Southstar Funding, LLC et al (1:18-cv-01802), Georgia Northern District Court

Douglas v. Southstar Funding, LLC et al

Georgia Northern District Court
Judge:	Michael L Brown
Referred:	Justin S Anand
Case #:	1:18-cv-01802
Nature of Suit	220 Real Property - Foreclosure
Cause	15:1692 Fair Debt Collection Act

Case Filed:	Apr 26, 2018
Terminated:	Dec 17, 2018

Last checked: Tuesday Oct 23, 2018 4:44 AM EDT

Defendant Aldridge Pite, LLP	Represented By Christopher J. Reading Aldridge Pite, LLP contact info
Defendant Does 1 Through 100 Inclusive
Defendant Ocwen Financial Corporation	Represented By Mark James Windham Troutman Sanders, Llp-Atl contact info
Defendant Southstar Funding, LLC
Defendant US Bank National Association as Trustee	Represented By Mark James Windham Troutman Sanders, Llp-Atl contact info
Plaintiff Vivienne Douglas an individual 2527 Bonds Lake Rd, NW Conyers, GA 30012

Docket last updated: 04/23/2024 11:59 PM EDT

Thursday, May 09, 2019
47		47 appeal USCA Clerk's Entry of Dismissal Thu 05/09 11:34 AM USCA Clerk's Entry of Dismissal for want of prosecution for failure to file an appendix within the time fixed by the rules re:36 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-10069 FF. (kac) Related: [-]
Thursday, April 04, 2019
46		46 appeal FRAP 11 Certification Request Thu 04/04 10:16 AM DOCUMENT FILED IN ERROR Forthwith Request by Circuit to district court for entry of Fed.R.App.P. 11 Certification re:36 Notice of Appeal, filed by Vivienne Douglas. Case Appealed to USCA- 11th Circuit. Case Number 19-10069 F. (pjm) Modified on 4/4/2019 (pjm) Related: [-]
45		45 appeal FRAP 11 Certification Request Thu 04/04 9:59 AM Forthwith Request by Circuit to district court for entry of Fed.R.App.P. 11 Certification re:36 Notice of Appeal filed by Vivienne Douglas. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-10061 F. (kac) Related: [-]
		appeal Appeal Record Certified Thu 04/04 9:59 AM Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re:36 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-10069 FF. The entire record on appeal is available electronically. (kac) Related: [-]
		utility Clerks Certificate of Mailing Thu 04/04 10:00 AM Clerk's Certificate of Mailing as to Vivienne Douglas re: Appeal Record Certified. (kac) Related: [-]
Monday, March 18, 2019
44		44 appeal Court Reporter Acknowledgment Fri 03/22 8:57 AM Court Reporter Acknowledgment re:42 Transcript Order Form filed by Vivienne Douglas. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-10069 F. Transcript is required. Court Reporter: Nicholas A. Marrone. Satisfactory financial arrangements have not been made. (kac) Related: [-]
Friday, February 22, 2019
		misc Fee Payment Received Mon 02/25 8:47 AM APPEAL Filing Fee Paid: $ 505.00, receipt number 110391 by Vivienne Douglas. (rlb) Related: [-]
Monday, February 04, 2019
		utility Clerks Certificate of Mailing Mon 02/04 8:23 AM Clerk's Certificate of Mailing as to Vivienne Douglas re43 Order. (jpa) Related: [-]
Friday, February 01, 2019
43		43 2 pgs order Order on Motion for Extension of Time Order on Application to Appeal In Forma Pauperis Mon 02/04 8:22 AM ORDER DENYING39 Motion for Extension of Time and41 Application to Appeal in forma pauperis. Signed by Judge Michael L. Brown on 2/1/19. (jpa) Related: [-]
		utility Submission to District Judge Fri 02/01 9:59 AM Submission of41 APPLICATION to Appeal in forma pauperis to District Judge Michael L. Brown. (kac) Related: [-]
Thursday, January 31, 2019
42		42 appeal Transcript Order Form Fri 02/01 10:04 AM TRANSCRIPT ORDER FORM for proceedings held on May 1, 2018 before Judge Michael L. Brown, re:36 Notice of Appeal. Court Reporter: Nicholas A. Marrone. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-10069 F. Financial Arrangements due on 2/14/2019. (kac) Related: [-]
41		41 motion Application to Appeal In Forma Pauperis Fri 02/01 9:58 AM APPLICATION to Appeal in forma pauperis by Vivienne Douglas. (kac) Related: [-]
40		40 notice Notice of Filing Fri 02/01 9:57 AM NOTICE Of Filing Notice of Appellant by Vivienne Douglas re:36 Notice of Appeal.(kac) Related: [-]
Friday, January 25, 2019
39		39 motion Extension of Time Thu 01/31 4:23 PM MOTION for Extension of Time to perfect Appeal filed by Vivienne Douglas. (aaq) Related: [-]
Tuesday, January 08, 2019
38		38 appeal USCA Acknowledgment Tue 01/08 4:07 PM USCA Acknowledgment of36 Notice of Appeal filed by Vivienne Douglas. Case Appealed to USCA - 11th Circuit. USCA Case Number 19-10069 F. (kac) Related: [-]
37		37 appeal USCA Appeal Transmission Tue 01/08 10:22 AM USCA Appeal Transmission Letter to 11th Circuit re:36 Notice of Appeal filed by Vivienne Douglas. (kac) Related: [-]
		appeal Transmission of Notice of Appeal and Docket Sheet to USCA Tue 01/08 10:24 AM Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Order, Report and Recommendation, and Docket Sheet to US Court of Appeals re:36 Notice of Appeal. (kac) Related: [-]
Friday, January 04, 2019
36		36 appeal Notice of Appeal Tue 01/08 10:14 AM NOTICE OF APPEAL as to35 Clerk's Judgment and34 Order on Final Report and Recommendation, Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss for Failure to State a Claim by Vivienne Douglas. Transcript Order Form due on 1/18/2019 (IFP forms, appeal fee letter and TOF sent to Plaintiff) (pc: USCA)(kac) Related: [-]
		Att: 1 Appeal Fee Letter
Tuesday, December 18, 2018
35		35 misc Judgment - Clerk Tue 12/18 9:28 AM CLERK'S JUDGMENT in favor of Defendants. (jpa) Related: [-]
		utility Clerks Certificate of Mailing Tue 12/18 9:31 AM Clerk's Certificate of Mailing as to Vivienne Douglas re35 Clerk's Judgment,34 Order. (jpa) Related: [-]
Monday, December 17, 2018
34		34 5 pgs order Order on Final Report and Recommendation Order on Motion for Miscellaneous Relief Order on Motion to Dismiss for Failure to State a Claim Tue 12/18 9:24 AM ORDER adopting27 Final Report and Recommendation. The Court GRANTS Defendant Ocwen Financial Corporation's and Defendant Aldridge Pite, LLP's12 and15 Motions to Dismiss for Failure to State a Claim. The Court DENIES30 Motion for Miscellaneous Relief. The Court DISMISSES Plaintiff's complaint (Dkt. 1) without prejudice. Signed by Judge Michael L. Brown on 12/17/18. (jpa) Related: [-]
		utility Terminate Civil Case Tue 12/18 9:30 AM Civil Case Terminated. (jpa) Related: [-]
Tuesday, December 04, 2018
33		33 1 pgs order Order on Motion for Extension of Time Tue 12/04 2:14 PM ORDER denying as moot29 Motion for Extension of Time. A review of the docket indicates that Plaintiff failed to file objections in the ten-day time frame she requested. Signed by Judge Michael L. Brown on 12/04/2018. (rlb) Related: [-]
		utility Submission to District Judge Tue 12/04 8:41 AM Submission of27 FINAL REPORT AND RECOMMENDATION, to District Judge Michael L. Brown. (jpa) Related: [-]
		utility Clerks Certificate of Mailing Tue 12/04 2:15 PM Clerk's Certificate of Mailing as to Vivienne Douglas re33 Order on Motion for Extension of Time. (rlb) Related: [-]
Wednesday, November 28, 2018
32		32 respm Response in Opposition to Motion Wed 11/28 10:19 AM RESPONSE in Opposition re30 MOTION to set Aside Dismissal and for Declaratory Relief filed by Ocwen Financial Corporation, US Bank National Association as Trustee. (Windham, Mark) Related: [-]
Tuesday, November 27, 2018
31		31 respm Response to Motion Tue 11/27 4:43 PM RESPONSE re29 MOTION for Extension of Time to respond to the Court's order re:27 FINAL REPORT AND RECOMMENDATION re1 Complaint, filed by Vivienne Douglas filed by Ocwen Financial Corporation, US Bank National Association as Trustee. (Windham, Mark) Related: [-]
Monday, November 26, 2018
30		30 motion Miscellaneous Relief Tue 11/27 10:07 AM MOTION to set Aside Dismissal and for Declaratory Relief by Vivienne Douglas. (jpa) Related: [-]
Wednesday, November 14, 2018
29		29 motion Extension of Time Thu 11/15 1:24 PM MOTION for Extension of Time for Plaintiff to respond to the Court's order re:27 FINAL REPORT AND RECOMMENDATION by Vivienne Douglas. (jpa) Related: [-]
28		28 2 pgs order Order for Service of Report and Recommendation Wed 11/14 5:25 PM ORDER for Service of27 Final Report and Recommendation, by Magistrate Judge Justin S. Anand. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Justin S. Anand on 11/14/2018. (tcc) Related: [-]
27		27 motion Report and Recommendation - Final Wed 11/14 5:20 PM FINAL REPORT AND RECOMMENDATION re1 Complaint. Signed by Magistrate Judge Justin S. Anand on 11/14/2018. (tcc) Related: [-]
		utility Submission to Magistrate Judge Wed 11/14 10:33 AM Submission of25 Order to Show Cause, to Magistrate Judge Justin S. Anand. (jpa) Related: [-]
		motion Report and Recommendation - Final Wed 11/14 5:23 PM (Contained w/in27 Final R & R) FINAL REPORT AND RECOMMENDATION RECOMMENDING that the Defendants' Motions to Dismiss12 15 be GRANTED, and that Plaintiff's claims against Defendants U.S. Bank, Ocwen, and Aldridge Pite be DISMISSED for failure to state a claim. IT IS FURTHER RECOMMENDED that all claims against Defendant Southstar be DISMISSED without prejudice for failure to serve. As this is a Final Report and Recommendation, there is nothing further in this action pending before the undersigned. Accordingly, the Clerk is DIRECTED to terminate the reference of this matter to the undersigned. Signed by Magistrate Judge Justin S. Anand on 11/14/2018. (tcc) Related: [-]
		utility Clerks Certificate of Mailing Wed 11/14 5:27 PM Clerk's Certificate of Mailing as to Vivienne Douglas re27 FINAL REPORT AND RECOMMENDATION,28 Order for Service of Report and Recommendation. (tcc) Related: [-]
Monday, October 22, 2018
26		26 4 pgs order Order on Motion for Clerks Entry of Default Order on Motion for Default Judgment Mon 10/22 2:11 PM ORDER denying20 and21 Motions Default. Signed by Magistrate Judge Justin S. Anand on 10/22/18. (jpa) Related: [-]
		utility Submission to Magistrate Judge Mon 10/22 10:09 AM Submission of21 MOTION for Clerks Entry of Default MOTION for Default Judgment as to US Bank National Association,20 MOTION for Clerks Entry of Default MOTION for Default Judgment as to OCWEN Financial Corporation, to Magistrate Judge Justin S. Anand. (jpa) Related: [-]
		utility Clerks Certificate of Mailing Mon 10/22 2:12 PM Clerk's Certificate of Mailing as to Vivienne Douglas re26 Order. Notice of street name change for the Atlanta courthouse included. (jpa) Related: [-]
Thursday, October 18, 2018
25		25 30+ pgs order Order to Show Cause Thu 10/18 1:02 PM ORDER granting Plaintiff leave to file an amended complaint within 21 days. In addition, Plaintiff is ORDERED TO SHOW CAUSE in writing, within 21 days, why her claims against Southstar should not be dismissed without prejudice for failure to serve. Signed by Magistrate Judge Justin S. Anand on 10/18/18. (jpa) Related: [-]
		utility Clerks Certificate of Mailing Thu 10/18 1:04 PM Clerk's Certificate of Mailing as to Vivienne Douglas re25 Order. Notice of street name change for the Atlanta courthouse included. (jpa) Related: [-]
Friday, October 05, 2018
24		24 respm Response in Opposition to Motion Tue 10/09 2:04 PM RESPONSE in Opposition re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vivienne Douglas. (jpa) Related: [-]
Tuesday, October 02, 2018
23		23 respm Response in Opposition to Motion Tue 10/02 3:13 PM RESPONSE in Opposition re21 MOTION for Clerks Entry of DefaultMOTION for Default Judgment as to US Bank National Association,20 MOTION for Clerks Entry of DefaultMOTION for Default Judgment as to OCWEN Financial Corporation filed by Ocwen Financial Corporation, US Bank National Association as Trustee. (Windham, Mark) Related: [-]
Thursday, September 27, 2018
21		21 motion Clerks Entry of Default Default Judgment Thu 09/27 1:36 PM MOTION for Clerks Entry of Default and for Default Judgment as to US Bank National Association by Vivienne Douglas. (jpa) Related: [-]
20		20 motion Clerks Entry of Default Default Judgment Thu 09/27 1:34 PM MOTION for Clerks Entry of Default and Default Judgment as to OCWEN Financial Corporation by Vivienne Douglas. (jpa) Related: [-]
Wednesday, September 26, 2018
22		22 misc Proposed Order Thu 09/27 1:37 PM PROPOSED ORDER Entry of Default and Default Judgment re:21 MOTION and20 MOTION. (jpa) Related: [-]
Tuesday, July 03, 2018
		utility Submission to Magistrate Judge Tue 07/03 1:25 PM Submission of12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to Magistrate Judge Justin S. Anand. (bgt) Related: [-]
Friday, June 29, 2018
19		19 2 pgs order Order Referring Case to Magistrate Judge Fri 06/29 3:16 PM ORDER REFERRING CASE to Magistrate Judge Justin S. Anand to consider all pretrial matters and issue a report and recommendation, if necessary. Signed by Judge Michael L. Brown on 6/29/18. (jpa) Related: [-]
		utility Clerks Certificate of Mailing Fri 06/29 3:20 PM Clerk's Certificate of Mailing as to Vivienne Douglas re19 Order Referring Case to Magistrate Judge. Notice of street name change for the Atlanta courthouse included. (jpa) Related: [-]
Thursday, June 28, 2018
		utility Final Exhibit Disposition Thu 06/28 1:48 PM Defendant Aldridge Pite, LLP's Exhibits destroyed as directed in17 Exhibit Disposition Notification,9 Exhibit Return Notification (mec) Related: [-]
Wednesday, June 06, 2018
		utility Submission to District Judge Wed 06/06 9:15 AM Submission of12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Michael L. Brown. (jpa) Related: [-]
Thursday, May 31, 2018
18		18 service Return of Service Executed Fri 06/01 11:16 AM Return of Service Executed by Vivienne Douglas. US Bank National Association as Trustee served on 5/22/2018, answer due 6/12/2018. (jpa) Related: [-]
Monday, May 21, 2018
		misc Clerks Notation for LOA/CIP Mon 05/21 8:35 AM Clerks Notation approving16 Certificate of Interested Persons. (hfm) Related: [-]
		misc Clerks Notation for LOA/CIP Mon 05/21 8:37 AM Clerks Notation approving14 Certificate of Interested Persons. (hfm) Related: [-]
		order Order on Motion to Stay Mon 05/21 11:20 AM ORDER (by docket entry only) granting13 Motion to Stay Discovery Deadlines. By Judge Michael L. Brown on 5/21/18. (hfm) Related: [-]
		utility Clerks Certificate of Mailing Mon 05/21 11:21 AM Clerk's Certificate of Mailing as to Vivienne Douglas re NEF on Order on Motion to Stay by docket entry. (hfm) Related: [-]
Friday, May 18, 2018
17		17 misc Exhibit Disposition Notification Fri 05/18 2:12 PM NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by Aldridge Pite, LLP. Exhibits to be Destroyed.. Related [+] Related: [-] ading, Christopher
16		16 misc Certificate of Interested Persons Fri 05/18 2:05 PM Certificate of Interested Persons by Aldridge Pite, LLP. Related [+] Related: [-] ading, Christopher
15		15 motion Dismiss for Failure to State a Claim Fri 05/18 2:03 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Aldridge Pite, LLP. Related [+] Related: [-] ading, Christopher
		Att: 1 Brief Aldridge Pite, LLP's Memorandum of Law in Support of Motion to Dismiss,
		Att: 2 Exhibit Exhibit A - Warranty Deed,
		Att: 3 Exhibit Exhibit B - Quitclaim Deed,
		Att: 4 Exhibit Exhibit C - Security Deed,
		Att: 5 Exhibit Exhibit D - Note,
		Att: 6 Exhibit Exhibit E - Assignment of Deed to Secure Debt,
		Att: 7 Exhibit Exhibit F - Quit Claim Deed,
		Att: 8 Exhibit Exhibit G - Deed to Trustee,
		Att: 9 Exhibit Exhibit H - Quit Claim Deed,
		Att: 10 Exhibit Exhibit I - Foreclosure Sale Notice
14		14 misc Certificate of Interested Persons Fri 05/18 10:38 AM Certificate of Interested Persons and Corporate Disclosure Statement by Ocwen Financial Corporation, US Bank National Association as Trustee identifying Other Affiliate U.S. Bancorp for US Bank National Association as Trustee; Other Affiliate Ocwen Financial Corporation for Ocwen Financial Corporation. (Windham, Mark) Related: [-]
13		13 motion Stay Fri 05/18 10:32 AM MOTION to Stay Pretrial and Discovery Deadlines by Ocwen Financial Corporation, US Bank National Association as Trustee.(Windham, Mark) Related: [-]
		Att: 1 Text of Proposed Order
12		12 motion Dismiss for Failure to State a Claim Fri 05/18 10:25 AM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ocwen Financial Corporation, US Bank National Association as Trustee.(Windham, Mark) Related: [-]
		Att: 1 Brief in Support of Motion to Dismiss,
		Att: 2 Exhibit 1,
		Att: 3 Exhibit 2,
		Att: 4 Exhibit 3,
		Att: 5 Exhibit 4
Monday, May 07, 2018
11		11 misc Mail Returned Tue 05/08 2:55 PM Mail Returned as Undeliverable. Mail sent to Vivienne Douglas re10 Order (jpa) Related: [-]
Wednesday, May 02, 2018
10		10 4 pgs order Order on Motion for Preliminary Injunction Order on Motion for TRO Order on Motion for Judgment Wed 05/02 1:33 PM ORDER denying Plaintiff's2 Petition for a Temporary Restraining Order. Signed by Judge Michael L. Brown on 5/2/18. (jpa) Related: [-]
9		9 misc Exhibit Return Notification Wed 05/02 10:02 AM NOTICE TO COUNSEL OF RECORD for Aldridge Pite, LLP regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re:8 Exhibits. (jpa) Related: [-]
8		8 trial Exhibits Wed 05/02 9:54 AM EXHIBITS admitted and retained at the7 Evidentiary Hearing, have been received from Courtroom Deputy and placed in the custody of the Records Clerks.(jpa) Related: [-]
		Att: 1 Defendant Exhibit A,
		Att: 2 Defendant Exhibit B
		utility Clerks Certificate of Mailing Wed 05/02 1:34 PM Clerk's Certificate of Mailing as to Vivienne Douglas re10 Order. Notice of street name change for the Atlanta courthouse included. (jpa) Related: [-]
Tuesday, May 01, 2018
7		7 minutes Evidentiary Hearing Tue 05/01 1:30 PM Minute Entry for proceedings held before Judge Michael L. Brown: TRO Hearing held on 5/1/2018. Defendant Exhibits A and B admitted. WrittenOrder to follow. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Nicholas A. Marrone)(jpa) Related: [-]
Monday, April 30, 2018
6		6 service Return of Service Executed Mon 04/30 1:36 PM Return of Service Executed by Vivienne Douglas. Ocwen Financial Corporation served on 4/27/2018, answer due 5/18/2018. (jpa) Related: [-]
5		5 service Return of Service Executed Mon 04/30 1:34 PM Return of Service Executed by Vivienne Douglas. Aldridge Pite, LLP served on 4/27/2018, answer due 5/18/2018. (jpa) Related: [-]
4		4 13 pgs order Order Mon 04/30 9:18 AM STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 4/30/18. (jpa) Related: [-]
		utility Clerks Certificate of Mailing Mon 04/30 9:19 AM Clerk's Certificate of Mailing as to Vivienne Douglas re4 Order. Notice of street name change for the Atlanta courthouse included. (jpa) Related: [-]
Friday, April 27, 2018
3		3 service Summons Issued Fri 04/27 2:54 PM Summons Issued as to Aldridge Pite, LLP, Ocwen Financial Corporation, US Bank National Association as Trustee. (jpa) Related: [-]
		notice Notice of Hearing on Motion Fri 04/27 4:16 PM NOTICE (by docket entry only) of Hearing on Motion re:2 MOTION for Preliminary Injunction; MOTION for Temporary Restraining Order; MOTION for Judgment. Motion Hearing set for 5/1/2018 at 10:30 AM in ATLA Courtroom 1906 before Judge Michael L. Brown. The Court refers Plaintiff to the Federal Rules of Civil Procedure, and particularly to Rule 65. Plaintiff should provide notice to the adverse party of the motion and the hearing unless Plaintiff believes there exist grounds for proceeding without such notice. (hfm) Related: [-]
		utility Clerks Certificate of Mailing Fri 04/27 4:18 PM Clerk's Certificate of Mailing as to Vivienne Douglas re NEF of Docket only entry: Notice setting Hearing on Motion. (hfm) Related: [-]
Thursday, April 26, 2018
2		2 motion Preliminary Injunction Temporary Restraining Order Judgment Thu 04/26 3:45 PM APPLICATION for Temporary Restraining Order, Preliminary Injunction, and Declaratory Relief by Vivienne Douglas. (jpa) Related: [-]
1		1 cmp Complaint Thu 04/26 3:41 PM COMPLAINT with Jury Demand filed by Vivienne Douglas. ( Filing fee $ 400 receipt number 102142.)(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (jpa) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Notice
		Att: 3 (4/26/2018) Exhibits
		utility Submission to District Judge Thu 04/26 3:46 PM Submission of2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order MOTION for Judgment, to District Judge Michael L. Brown. (jpa) Related: [-]

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