Richardson v. United Wholesale Morgage, LLC et al
| Louisiana Middle District Court | |
| Judge: | Brian A Jackson |
| Referred: | Scott D Johnson |
| Case #: | 3:23-cv-01548 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 28:3001 Federal Debt Collection Act |
| Case Filed: | Nov 01, 2023 |
| Terminated: | Aug 05, 2024 |
| Last checked: Monday Apr 29, 2024 3:16 AM CDT |
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Defendant
Morgan Stanley Mortgage Securities Trust
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Represented By
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Defendant
Mortgage Electronic Registration Systems, Inc.
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Represented By
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Defendant
United Wholesale Morgage, LLC
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Represented By
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Defendant
PNC Mortgage
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Plaintiff
Jerrell Richardson
237 Montrachet Drive
Port Allen, LA 70767 |
GPO
Mar 11 2024
REPORT AND RECOMMENDATIONS regarding 20 MOTION to Set Aside Default filed by Morgan Stanley Mortgage Securities Trust. It is the recommendation of the Magistrate Judge that the Motion to Set Aside Entry of Default (R. Doc. 20) filed by Defendant Morgan Stanley Mortgage Securities Trust be GRANTED. Objections to R&R due by 3/25/2024. Signed by Magistrate Judge Scott D. Johnson on 3/11/2024. (KAH) |
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GPO
Mar 28 2024
RULING Adopting 27 Report and Recommendation of the U.S. Magistrate Judge. The 20 Motion to Set Aside Default is granted. The Clerk's 17 Entry of Default is vacated. Signed by Judge Brian A. Jackson on 3/27/2024. (JEG) |
| Docket last updated: 63 minutes ago |
| Monday, August 05, 2024 | ||
| 42 | 42
order
Notice to Counsel - General Order 2019-04
Mon 08/05 3:10 PM
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (JEG) |
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| 41 | 41
1
pgs
order
Order on Motion to Dismiss
Mon 08/05 3:09 PM
JUDGMENT re40 Motion to Dismiss: The above-captioned action be an is hereby dismissed without prejudice. Signed by Judge Brian A. Jackson on 8/5/2024. (JEG) |
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| Friday, August 02, 2024 | ||
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utility
Motions No Longer Referred
Fri 08/02 9:38 AM
Motions No Longer Referred:40 MOTION to Dismiss. This motion is now pending before the USDJ as this is a request for voluntary dismissal. (NLT) |
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| Wednesday, July 31, 2024 | ||
| 40 | 40
motion
Dismiss
Wed 07/31 1:39 PM
MOTION and Order for Judgment of Dismissal by Jerrell Richardson. (CIS) |
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Motion(s) Referred
Wed 07/31 1:40 PM
MOTION(S) REFERRED:40 MOTION and Order for Judgment of Dismissal. This motion is now pending before the USMJ. (CIS) |
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| Thursday, July 18, 2024 | ||
| 39 | 39
motion
Report and Recommendations
Thu 07/18 4:36 PM
REPORT AND RECOMMENDATIONS regarding37 MOTION to Dismiss for Failure to State a Claim filed by PNC Mortgage,19 MOTION to Dismiss for Failure to State a Claim filed by Mortgage Electronic Registration Systems, Inc.,36 MOTION to Dismiss for Failure to State a Claim filed by Mortgage Electronic Registration Systems, Inc.,7 MOTION to Dismiss for Failure to State a Claim filed by United Wholesale Morgage, LLC,35 MOTION for Default Judgment MOTION to Dismiss Pursuant to Rule 12(b)(6), or Alternatively, Motion for More Definite Statement Pursuant to Rule 12(e) filed by United Wholesale Morgage, LLC,30 MOTION to Dismiss for Failure to State a Claim filed by Morgan Stanley Mortgage Securities Trust,34 MOTION to Dismiss for Failure to State a Claim filed by Morgan Stanley Mortgage Securities Trust. It is the recommendation of the Magistrate Judge that the initial Motions to Dismiss filed by United Wholesale Mortgage, LLC (R. Doc. 7), Mortgage Electronic Registration Systems, Inc. (R. Doc. 19), and Morgan Stanley Mortgage Securities Trust (R. Doc. 30) be DENIED AS MOOT in light of the subsequent Motions to Dismiss filed by each of these Defendants. It is further recommended that the second Motions to Dismiss filed by United Wholesale Mortgage, LLC (R. Doc. 35), Mortgage Electronic Registration Systems, Inc. (R. Doc. 36), and Morgan Stanley Mortgage Securities Trust (R. Doc. 34) as well as the Motion to Dismiss filed by PNC Mortgage (R. Doc. 37) be GRANTED, and Plaintiff's claims against United Wholesale Mortgage, LLC, Mortgage Electronic Registration Systems, Inc., Morgan Stanley Mortgage Securities Trust, and PNC Mortgage be DISMISSED. It is further recommended that Plaintiff be permitted, if he wishes, to file a Second Amended Complaint with the Court on or before August 30, 2024. Should Plaintiff fail to file an Amended Complaint by this deadline, his claims against all Defendants should be dismissed with prejudice. Objections to R&R due by 8/1/2024. Signed by Magistrate Judge Scott D. Johnson on 7/18/2024. (KAH) |
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| Thursday, May 02, 2024 | ||
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utility
Motion(s) Referred
Thu 05/02 1:06 PM
MOTION(S) REFERRED:37 MOTION to Dismiss for Failure to State a Claim ,36 MOTION to Dismiss for Failure to State a Claim . This motion is now pending before the USMJ. (ELW) |
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| Wednesday, May 01, 2024 | ||
| 38 | 38
notice
Certificate of Interested Persons
Wed 05/01 4:51 PM
Certificate of Interested Persons by PNC Mortgage identifying Affiliate/Interested Person Jerrell Richardson, Affiliate/Interested Person Mortgage Electronic Registration Systems, Inc., Affiliate/Interested Person Morgan Stanley Mortgage Securities Trust, Affiliate/Interested Person United Wholesale Mortgage, LLC, Affiliate/Interested Person PNC Mortgage for PNC Mortgage.. (Young, Zachary) |
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| 37 | 37
motion
Dismiss for Failure to State a Claim
Wed 05/01 4:41 PM
MOTION to Dismiss for Failure to State a Claim by PNC Mortgage(Young, Zachary) |
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Att: 1
Attachment Memorandum
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| 36 | 36
motion
Dismiss for Failure to State a Claim
Wed 05/01 4:38 PM
MOTION to Dismiss for Failure to State a Claim by Mortgage Electronic Registration Systems, Inc.(Young, Zachary) |
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Att: 1
Attachment Memorandum
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| Wednesday, April 24, 2024 | ||
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Motion(s) Referred
Wed 04/24 10:03 AM
MOTION(S) REFERRED:35 MOTION for Default Judgment MOTION to Dismiss Pursuant to Rule 12(b)(6), or Alternatively, Motion for More Definite Statement Pursuant to Rule 12(e) . This motion is now pending before the USMJ. (ELW) |
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| Tuesday, April 23, 2024 | ||
| 35 | 35
motion
Default Judgment Dismiss
Tue 04/23 2:03 PM
MOTION for Default Judgment , MOTION to Dismiss Pursuant to Rule 12(b)(6), or Alternatively, Motion for More Definite Statement Pursuant to Rule 12(e) by United Wholesale Morgage, LLC (Knowles, Leslie) |
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| Monday, April 22, 2024 | ||
| 34 | 34
motion
Dismiss for Failure to State a Claim
Mon 04/22 12:56 PM
MOTION to Dismiss for Failure to State a Claim by Morgan Stanley Mortgage Securities Trust(Berger, Jamie) |
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Att: 1
Proposed Pleading; Memorandum in Support of Motion to Dismiss
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Motion(s) Referred
Mon 04/22 2:27 PM
MOTION(S) REFERRED:34 MOTION to Dismiss for Failure to State a Claim . This motion is now pending before the USMJ. (ELW) |
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| Friday, April 12, 2024 | ||
| 33 | 33
service
Summons Returned Executed
Mon 04/15 10:39 AM
SUMMONS Returned Executed by Jerrell Richardson. PNC Mortgage served on 4/10/2024, answer due 5/1/2024. (NLT) |
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| Monday, April 08, 2024 | ||
| 32 | 32
service
Summons Issued to Pro Se (Non-Inmate) Plaintiff
Tue 04/09 8:04 AM
Summons Issued as to PNC Mortgage. (NOTICE:Plaintiff shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (NLT) |
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cmp
Amended Complaint
Tue 04/09 8:00 AM
AMENDED COMPLAINT against Morgan Stanley Mortgage Securities Trust, Mortgage Electronic Registration Systems, Inc., United Wholesale Morgage, LLC, filed by Jerrell Richardson.(NLT) |
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| Tuesday, April 02, 2024 | ||
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utility
Motion(s) Referred
Tue 04/02 8:45 AM
MOTION(S) REFERRED:30 MOTION to Dismiss for Failure to State a Claim . This motion is now pending before the USMJ. (ELW) |
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| Thursday, March 28, 2024 | ||
| 30 | 30
motion
Dismiss for Failure to State a Claim
Thu 03/28 5:48 PM
MOTION to Dismiss for Failure to State a Claim by Morgan Stanley Mortgage Securities Trust(Berger, Jamie) |
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Att: 1
Memorandum in Support of Motion to Dismiss
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| 29 | 29
notice
Certificate of Interested Persons
Thu 03/28 5:42 PM
Certificate of Interested Persons by Morgan Stanley Mortgage Securities Trust identifying Affiliate/Interested Person Jerrell Richardson, Affiliate/Interested Person Mortgage Electronic Registration Systems, Inc., Affiliate/Interested Person Morgan Stanley Mortgage Securities Trust, Affiliate/Interested Person United Wholesale Mortgage, LLC for Morgan Stanley Mortgage Securities Trust.. (Berger, Jamie) |
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| 28 | 28
order
Ruling Adopting Report and Recommendation Order on Report and Recommendation Order on Motion to Set Aside Default
Thu 03/28 10:43 AM
RULING Adopting27 Report and Recommendation of the U.S. Magistrate Judge. The20 Motion to Set Aside Default is granted. The Clerk's17 Entry of Default is vacated. Signed by Judge Brian A. Jackson on 3/27/2024. (JEG) |
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| Monday, March 11, 2024 | ||
| 27 | 27
motion
Report and Recommendations
Mon 03/11 11:02 AM
REPORT AND RECOMMENDATIONS regarding20 MOTION to Set Aside Default filed by Morgan Stanley Mortgage Securities Trust. It is the recommendation of the Magistrate Judge that the Motion to Set Aside Entry of Default (R. Doc. 20) filed by Defendant Morgan Stanley Mortgage Securities Trust be GRANTED. Objections to R&R due by 3/25/2024. Signed by Magistrate Judge Scott D. Johnson on 3/11/2024. (KAH) |
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| Tuesday, February 06, 2024 | ||
| 26 | 26
notice
Notice of (other)
Tue 02/06 9:10 PM
NOTICE of Updated Service 20 MOTION to Set Aside Default by Morgan Stanley Mortgage Securities Trust (Berger, Jamie) |
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| Tuesday, January 23, 2024 | ||
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pgs
order
Order on Motion for Default Judgment
Tue 01/23 9:30 AM
ORDER : The21 Motion for Default Judgment is hereby DENIED AS MOOT. Signed by Judge Brian A. Jackson on 1/22/2024. (ELW) |
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utility
Motion(s) Referred
Tue 01/23 1:57 PM
MOTION(S) REFERRED:20 MOTION to Set Aside Default . This motion is now pending before the USMJ. (ELW) |
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| Friday, January 19, 2024 | ||
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order
Order on Motion to Substitute Pleading (In Order to Correct Deficiency)
Fri 01/19 8:49 AM
ORDER: The22 Motion to Substitute filed by Defendant Mortgage Electronic Registration Systems, Inc., is GRANTED, and the Clerk of Court is instructed to substitute MERS's corrected Motion to Dismiss (R. Doc. 22-1) in place of its current Motion to Dismiss (R. Doc. 19). The attachments to R. Doc. 19 remain unchanged. Signed by Magistrate Judge Scott D. Johnson on 1/19/2024. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) |
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| Thursday, January 18, 2024 | ||
| 23 | 23
respm
Reply in Support of Motion
Thu 01/18 2:05 PM
REPLY in Support of7 MOTION to Dismiss for Failure to State a Claim filed by United Wholesale Morgage, LLC. (Burr, Shannon) |
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Motion(s) Referred
Thu 01/18 11:59 AM
MOTION(S) REFERRED:22 MOTION to Substitute Document 19 . This motion is now pending before the USMJ. (ELW) |
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| Wednesday, January 17, 2024 | ||
| 22 | 22
motion
Substitute Pleading (In Order to Correct Deficiency)
Wed 01/17 4:12 PM
MOTION to Substitute Document 19 by Mortgage Electronic Registration Systems, Inc.(Young, Zachary) |
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Att: 1
Corrected Motion to Dismiss
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| Monday, January 15, 2024 | ||
| 20 | 20
motion
Set Aside Default
Mon 01/15 8:25 PM
MOTION to Set Aside Default by Morgan Stanley Mortgage Securities Trust(Berger, Jamie) |
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Att: 1
Proposed Pleading; Memorandum of Law in Support,
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Att: 2
Affidavit Affidavit of Alexandre Halow,
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Att: 3
Affidavit Affidavit of Denise Steele,
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Att: 4
Affidavit Affidavit of Gregory Finch
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| Friday, January 12, 2024 | ||
| 21 | 21
motion
Default Judgment
Tue 01/16 9:41 AM
MOTION for Default Judgment as to Mortgage Electronic Registration Systems by Jerrell Richardson (NLT) |
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utility
Motion(s) Referred
Fri 01/12 2:18 PM
MOTION(S) REFERRED:19 MOTION to Dismiss for Failure to State a Claim . This motion is now pending before the USMJ. (ELW) |
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| Thursday, January 11, 2024 | ||
| 19 | 19
motion
Dismiss for Failure to State a Claim
Thu 01/11 4:42 PM
MOTION to Dismiss for Failure to State a Claim by Mortgage Electronic Registration Systems, Inc.(Young, Zachary) |
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Att: 1
Memo in Support,
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Att: 2
Proposed Order
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| Thursday, January 04, 2024 | ||
| 18 | 18
2
pgs
respm
Memorandum in Opposition to Motion
Thu 01/04 3:54 PM
MEMORANDUM in Opposition to7 MOTION to Dismiss for Failure to State a Claim filed by Jerrell Richardson. (NLT) |
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| Tuesday, January 02, 2024 | ||
| 17 | 17
1
pgs
order
Order on Motion for Default Judgment
Tue 01/02 8:30 AM
ORDER granting16 Motion for Clerk's Entry/Default Judgment (NLT) |
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| Thursday, December 28, 2023 | ||
| 16 | 16
motion
Default Judgment
Tue 01/02 8:19 AM
MOTION for Clerk's Entry/Default Judgment as to Morgan Stanley Mortgage Securities Trust by Jerrell Richardson (NLT) |
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| Tuesday, December 26, 2023 | ||
| 14 | 14
notice
Certificate of Interested Persons
Tue 12/26 2:06 PM
Certificate of Interested Persons by Mortgage Electronic Registration Systems, Inc. identifying Affiliate/Interested Person Mortgage Electronic Registration Systems, Inc., Affiliate/Interested Person Morgan Stanley Mortgage Securities Trust, Affiliate/Interested Person United Wholesale Mortgage, LLC, Affiliate/Interested Person Jerrell for Mortgage Electronic Registration Systems, Inc.. (Morris, John) |
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utility
Motion(s) Referred
Tue 12/26 10:48 AM
MOTION(S) REFERRED:12 MOTION for Extension of Time to file responsive pleading to Complaint (Doc 1). This motion is now pending before the USMJ. (NLT) |
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notice
Notice of Deficiency with LR 7.1
Tue 12/26 10:50 AM
NOTICE OF DEFICIENCY with LR 7.1 as to12 Motion for Extension of Time. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (NLT) |
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order
Order on Motion for Extension of Time
Tue 12/26 3:45 PM
ORDER granting12 Motion for Extension of Time. Defendant Mortgage Electronic Registration Systems, Inc., now has until January 12, 2024, to file responsive pleadings to Plaintiff's Complaint. Signed by Magistrate Judge Scott D. Johnson on 12/26/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) |
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| Friday, December 22, 2023 | ||
| 12 | 12
motion
Extension of Time
Fri 12/22 3:15 PM
MOTION for Extension of Time to file responsive pleading to Complaint (Doc 1) by Mortgage Electronic Registration Systems, Inc.(Morris, John) |
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Att: 1
Proposed Order
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| Thursday, December 14, 2023 | ||
| 11 | 11
service
Summons Returned Executed
Thu 12/14 11:24 AM
SUMMONS Returned Executed by Jerrell Richardson. Mortgage Electronic Registration Systems, Inc. served on 11/17/2023, answer due 12/8/2023. (NLT) |
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| Tuesday, December 12, 2023 | ||
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notice
Notice of Deficiency with LR 7.1
Tue 12/12 1:14 PM
NOTICE OF DEFICIENCY with LR 7.1 as to9 Certificate of Interested Persons. Failure to add all listed interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (ELW) |
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| Monday, December 11, 2023 | ||
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notice
Certificate of Interested Persons
Mon 12/11 10:02 AM
Certificate of Interested Persons by United Wholesale Morgage, LLC identifying Corporate Parent United Wholesale Morgage, LLC for United Wholesale Morgage, LLC. (Knowles, Leslie) |
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| Friday, December 08, 2023 | ||
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notice
Notice of Deficiency with LR 7.1
Fri 12/08 1:02 PM
NOTICE OF DEFICIENCY with LR 7.1 as to7 Motion to Dismiss for Failure to State a Claim. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. OR Failure to add all listed interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (ELW) |
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| Wednesday, December 06, 2023 | ||
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utility
Motion(s) Referred
Wed 12/06 8:38 AM
MOTION(S) REFERRED:7 MOTION to Dismiss for Failure to State a Claim . This motion is now pending before the USMJ. (ELW) |
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| Monday, December 04, 2023 | ||
| 7 | 7
motion
Dismiss for Failure to State a Claim
Mon 12/04 9:17 PM
MOTION to Dismiss for Failure to State a Claim by United Wholesale Morgage, LLC(Knowles, Leslie) |
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Att: 1
Attachment Memorandum in Support
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| Wednesday, November 22, 2023 | ||
| 6 | 6
service
Summons Returned Executed
Mon 11/27 9:39 AM
SUMMONS Returned Executed by Jerrell Richardson. Morgan Stanley Mortgage Securities Trust served on 11/17/2023, answer due 12/8/2023; United Wholesale Morgage, LLC served on 11/16/2023, answer due 12/7/2023. (NLT) |
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| Tuesday, November 21, 2023 | ||
| 5 | 5
trial
Exhibit
Mon 11/27 9:17 AM
Additional EXHIBIT by Jerrell Richardson. (NLT) |
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| Tuesday, November 14, 2023 | ||
| 4 | 4
service
Summons Issued to Pro Se (Non-Inmate) Plaintiff
Tue 11/14 4:32 PM
Summons Issued as to All Defendants. Handed to Plaintiff across Clerk's Counter for service (ELW) |
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| Thursday, November 09, 2023 | ||
| 3 | 3
2
pgs
order
Order on Motion to Proceed In Forma Pauperis
Thu 11/09 1:31 PM
ORDER : The2 Motion to Proceed in forma pauperis is DENIED. Signed by Magistrate Judge Scott D. Johnson on 11/9/2023. (ELW) |
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| Wednesday, November 08, 2023 | ||
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misc
Filing Fee Received
Thu 11/09 1:32 PM
Filing fee: $ 402.00, receipt number 32717 (ELW) |
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| Thursday, November 02, 2023 | ||
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utility
Motion(s) Referred
Thu 11/02 9:18 AM
MOTION(S) REFERRED:2 MOTION to Proceed in forma pauperis. This motion is now pending before the USMJ. (EDC) |
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| Wednesday, November 01, 2023 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Thu 11/02 9:18 AM
MOTION to Proceed in forma pauperis by Jerrell Richardson (EDC) |
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| 1 | 1
cmp
Complaint (Complete Case Opening First)
Thu 11/02 9:17 AM
COMPLAINT against Morgan Stanley Mortgage Securities Trust, Mortgage Electronic Registration Systems, Inc., United Wholesale Morgage, LLC, filed by Jerrell Richardson.(EDC) |
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Att: 1
Exhibit A Mortgage Audit Report Deluxe Extended,
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Att: 2
Exhibit B Forensic Loan Analysis Report,
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Att: 3
Exhibit C MERS Analysis Report,
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Att: 4
Exhibit D Investigative Analysis Report,
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Att: 5
Exhibit E Affidavit of Bert Falls, Mortgage Fraud Examiner,
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Att: 6
Exhibit F Complete Report
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utility
Set Pro Se (non-inmate) CASE REFERRED Flag
Thu 11/02 9:19 AM
***Set CASE REFERRED Pro Se (non-inmate) Flag (EDC) |
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