This case was last updated from PACER on 12/04/2018 at 07:50:00 (UTC).

Berry et al v. Loancity et al

Case Summary

On 10/05/2018 Berry filed a Contract - Other Contract lawsuit against Loancity. This case was filed in U.S. District Courts, Louisiana Middle District. The Judges overseeing this case are Richard L. Bourgeois, Jr and John W. deGravelles. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:18-CV-00888

  • Filing Date:

    10/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    Louisiana Middle District

Judge Details

Referral Judge

Richard L. Bourgeois, Jr

Presiding Judge

John W. deGravelles

 

Party Details

Plaintiffs

Darrell Berry

Baton Rouge, LA 70806

Constance Lafayette

Baton Rouge, LA 70806

Defendants

Wells Fargo Bank, N.A.

Mortgage Electronic Registration System

Loancity

Freddie Mac Multiclass Certificates Series 3113 Trust

Federal Home Loan Mortgage Corporation

Does 1-100

Attorney/Law Firm Details

Defendant Attorneys

Kasee Sparks Heisterhagen

Attorney at Burr & Forman, LLP

11 N. Water Street, Suite 22200

Mobile, AL 36602

Lindsay Leigh Meador

Attorney at Galloway, Johnson, Tompkins, Burr & Smith

328 Settlers Trace Blvd.

Lafayette, LA 70508

Benjamin Givens Torian

Attorney at Galloway, Johnson, Tompkins, Burr & Smith

328 Settlers Trace Blvd.

Lafayette, LA 70508

 

Court Documents

#17

(#17) Brief regarding Defendants Suggestion of Bankruptcy. (Meador, Lindsay) (Entered: 11/13/2018)

#16

(#16) Brief regarding #14 Suggestion of Bankruptcy . (Heisterhagen, Kasee) (Entered: 11/13/2018)

#14

(#14) SUGGESTION OF BANKRUPTCY Upon the Record as to Darrell Berry and Constance Lafayette Berry by Wells Fargo Bank, N.A.. (Heisterhagen, Kasee) (Entered: 11/01/2018)

#13

(#13) NOTICE of Service for Motion for Extension of Time to Answer Motion to Remove and Dismiss Plaintiffs' case as well as Preliminary Injunction by Darrell Berry. (EDC) (Entered: 10/30/2018)

#11

(#11) MOTION for Extension of Time to File Response to #4 MOTION to Dismiss for Failure to State a Claim , #5 MOTION to Dismiss for Failure to State a Claim by Darrell Berry. (EDC) (Entered: 10/25/2018)

10 #1

Proposed Pleading;

#10

(#10) MOTION for Verified Emergency Petition for Temporary Restraining Order and/or Preliminary Injunction and Declaratory Relief by Darrell Berry. (Attachments: #1 Proposed Pleading;)(EDC) (Entered: 10/25/2018)

#9

(#9) Supplemental Exhibit(s) to #1 Notice of Removal, by Wells Fargo Bank, N.A.. (Heisterhagen, Kasee) Modified on 10/22/2018 to edit the text (NLT). (Entered: 10/22/2018)

5 #2

Exhibit

5 #1

Memorandum in Support

#5

(#5) MOTION to Dismiss for Failure to State a Claim by Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust, Mortgage Electronic Registration System. (Attachments: #1 Memorandum in Support, #2 Exhibit)(Meador, Lindsay) (Entered: 10/12/2018)

4 #1

Memorandum in Support

#4

(#4) MOTION to Dismiss for Failure to State a Claim by Wells Fargo Bank, N.A.. (Attachments: #1 Memorandum in Support)(Heisterhagen, Kasee) (Entered: 10/12/2018)

3 #1

Proposed Order

1 #3

Attachment Certificate of Service

1 #2

Attachment State Court Documents

1 #1

Attachment Civil Cover Sheet

#1

(#1) JOINT NOTICE OF REMOVAL from Parish of East Baton Rouge, Case Number 672792. (Filing fee $ 400 receipt number ALAMDC-1842932), filed by Wells Fargo Bank, N.A.. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment State Court Documents, #3 Attachment Certificate of Service)(Heisterhagen, Kasee) Modified on 10/5/2018 to flatten a document (KAH). Modified on 10/9/2018 to edit text and add party (LLH). Modified on 10/24/2018 to substitute removal as per Order # 8 (LLH). (Entered: 10/05/2018)

15 More Documents Available

 

Docket Entries

  • 11/13/2018
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  • (#17) Brief regarding Defendants Suggestion of Bankruptcy. (Meador, Lindsay) (Entered: 11/13/2018)

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  • 11/13/2018
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  • (#16) Brief regarding #14 Suggestion of Bankruptcy . (Heisterhagen, Kasee) (Entered: 11/13/2018)

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  • 11/05/2018
  • Set/Reset Deadlines: Brief due by 11/13/2018. (LLH) (Entered: 11/07/2018)

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  • 11/05/2018
  • (#15) NOTICE of Briefing Schedule on SUGGESTION OF BANKRUPTCY (Doc. 14): The parties shall file simultaneous briefs within 7 days, not to exceed 5 pages, describing the impact of the Bankruptcy on the proceedings. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 11/05/2018)

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  • 11/01/2018
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  • (#14) SUGGESTION OF BANKRUPTCY Upon the Record as to Darrell Berry and Constance Lafayette Berry by Wells Fargo Bank, N.A.. (Heisterhagen, Kasee) (Entered: 11/01/2018)

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  • 10/26/2018
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  • (#13) NOTICE of Service for Motion for Extension of Time to Answer Motion to Remove and Dismiss Plaintiffs' case as well as Preliminary Injunction by Darrell Berry. (EDC) (Entered: 10/30/2018)

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  • 10/26/2018
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  • (#12) ORDER granting #11 Motion for Extension of Time to File Response to #5 MOTION to Dismiss for Failure to State a Claim and #4 MOTION to Dismiss for Failure to State a Claim . Opposition to motions shall be filed by 12/3/2018 and any replies are due by 12/14/2018. Signed by Judge John W. deGravelles on 10/26/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 10/26/2018)

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  • 10/25/2018
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  • (#11) MOTION for Extension of Time to File Response to #4 MOTION to Dismiss for Failure to State a Claim , #5 MOTION to Dismiss for Failure to State a Claim by Darrell Berry. (EDC) (Entered: 10/25/2018)

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  • 10/25/2018
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  • (#10) MOTION for Verified Emergency Petition for Temporary Restraining Order and/or Preliminary Injunction and Declaratory Relief by Darrell Berry. (Attachments: #1 Proposed Pleading;)(EDC) (Entered: 10/25/2018)

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  • 10/22/2018
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  • (#9) Supplemental Exhibit(s) to #1 Notice of Removal, by Wells Fargo Bank, N.A.. (Heisterhagen, Kasee) Modified on 10/22/2018 to edit the text (NLT). (Entered: 10/22/2018)

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  • 10/19/2018
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  • (#8) ORDER granting #3 MOTION to Substitute Notice of Removal filed by Mortgage Electronic Registration System, Wells Fargo Bank, N.A., Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust. The Joint Notice of Removal (R. Doc. 1) shall be substituted with the Corrected Joint Notice of Removal (R. Doc. 3). Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/19/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 10/19/2018)

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  • 10/19/2018
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  • (#7) ORDER granting #2 Motion to Enroll as Co-Counsel. Added attorney Benjamin Givens Torian as co-counsel for Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust and Mortgage Electronic Registration System. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/19/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 10/19/2018)

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  • 10/15/2018
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  • (#6) NOTICE of Briefing Schedule on #5 MOTION to Dismiss for Failure to State a Claim and #4 MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 10/15/2018)

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  • 10/15/2018
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  • MOTION(S) REFERRED: #3 MOTION to Substitute Notice of Removal , #2 MOTION to Enroll Benjamin G. Torian as Additional Attorney . This motion is now pending before the USMJ. (KAH) (Entered: 10/15/2018)

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  • 10/12/2018
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  • (#5) MOTION to Dismiss for Failure to State a Claim by Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust, Mortgage Electronic Registration System. (Attachments: #1 Memorandum in Support, #2 Exhibit)(Meador, Lindsay) (Entered: 10/12/2018)

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  • 10/12/2018
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  • (#4) MOTION to Dismiss for Failure to State a Claim by Wells Fargo Bank, N.A.. (Attachments: #1 Memorandum in Support)(Heisterhagen, Kasee) (Entered: 10/12/2018)

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  • 10/12/2018
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  • (#3) MOTION to Substitute Notice of Removal by Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust, Mortgage Electronic Registration System, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Heisterhagen, Kasee) (Entered: 10/12/2018)

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  • 10/12/2018
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  • (#2) MOTION to Enroll Benjamin G. Torian as Additional Attorney by Federal Home Loan Mortgage Corporation, Freddie Mac Multiclass Certificates Series 3113 Trust, Mortgage Electronic Registration System. (Attachments: #1 Proposed Pleading; Order)(Meador, Lindsay) (Entered: 10/12/2018)

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  • 10/05/2018
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  • (#1) JOINT NOTICE OF REMOVAL from Parish of East Baton Rouge, Case Number 672792. (Filing fee $ 400 receipt number ALAMDC-1842932), filed by Wells Fargo Bank, N.A.. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment State Court Documents, #3 Attachment Certificate of Service)(Heisterhagen, Kasee) Modified on 10/5/2018 to flatten a document (KAH). Modified on 10/9/2018 to edit text and add party (LLH). Modified on 10/24/2018 to substitute removal as per Order # 8 (LLH). (Entered: 10/05/2018)

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