This case was last updated from U.S. District Courts on 07/13/2019 at 10:36:30 (UTC).

POWELL et al v. HSBC BANK USA NA, et al

Case Summary

On 04/03/2019 POWELL filed a Contract - Other Contract lawsuit against HSBC BANK USA NA,. This case was filed in U.S. District Courts, Georgia Middle District Court. The Judge overseeing this case is CLAY D LAND. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-00033

  • Filing Date:

    04/03/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

CLAY D LAND

 

Party Details

Plaintiffs

MICHAEL C POWELL

CATHY S POWELL

Defendants

KYLE KNOPSNYDER

WELLS FARGO ASSET SECURITIES CORPORATION

HSBC BANK USA NA

FIDELITY NATIONAL TITLE INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

BRANT JACKSON, JR

10 Glenlake Pkwy Ste 130

Atlanta, GA 30328

Defendant Attorneys

Austin E. James

Attorney at Fidelity National Law Group

4170 Ashford Dunwoody Road, Suite 460

Atlanta, GA 30319

ARTHUR ALLEN EBBS

Attorney at Womble Bond Dickinson (US), LLP

271 17Th St Nw Ste 2400

Atlanta, GA 30363

 

Court Documents

17 #1

Memorandum in Support of Motion to Dismiss Second Amended Complaint

#17

#16

#14

#13

#12

#10

#9

1 #8

Civil Cover Sheet

1 #7

Notice of Removal to Plaintiffs

1 #6

Notice of Notice of Removal

1 #5

Exhibit 5 to Notice of Removal - Copies of Process, Pleadings, and Orders filed

1 #4

Exhibit 4 to Notice of Removal - Morgan County Superior Court Docket

1 #3

Exhibit 3 to Notice of Removal - Deed Under Power

1 #2

Exhibit 2 to Notice of Removal - Security Deed

1 #1

Exhibit 1 to Notice of Removal - Note

#1

19 More Documents Available

 

Docket Entries

  • 05/30/2019
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  • Docket(#17) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint by FIDELITY NATIONAL TITLE INSURANCE COMPANY, KYLE KNOPSNYDER filed by Austin E. James. (Attachments: #1 Memorandum in Support of Motion to Dismiss Second Amended Complaint)(James, Austin) (Entered: 05/30/2019)

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  • 05/29/2019
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  • Docket(#16) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by HSBC BANK USA NA, WELLS FARGO ASSET SECURITIES CORPORATION filed by ARTHUR ALLEN EBBS.(EBBS, ARTHUR) (Entered: 05/29/2019)

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  • 05/16/2019
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  • Docket(#15) This is a text only entry; no document issued. ORDER granting #14 Motion to Stay discovery pending the Court's ruling on Defendants' forthcoming motion to dismiss. Ordered by US DISTRICT JUDGE CLAY D LAND on 5/16/2019 (CCL) (Entered: 05/16/2019)

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  • 05/16/2019
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  • Docket(#14) CONSENT MOTION to Stay of Rule 16/26 Order Requirements by HSBC BANK USA NA, WELLS FARGO ASSET SECURITIES CORPORATION filed by ARTHUR ALLEN EBBS.(EBBS, ARTHUR) (Entered: 05/16/2019)

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  • 05/16/2019
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  • Docket(#13) SECOND AMENDED AND RESTATED PETITION TO SET ASIDE JUDGMENT OF FORECLOSURE, WRONGFUL FORECLOSURE, AND FOR FRAUD #1 Notice of Removal, against All Defendants by CATHY S POWELL, MICHAEL C POWELL (JACKSON, BRANT) Modified on 5/16/2019 (ggs). (Entered: 05/16/2019)

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  • 05/16/2019
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  • Docket(#12) ***DISREGARD - REFILED AT TAB 13*** RECAST #1 Notice of Removal,,, against All Plaintiffs by CATHY S POWELL, MICHAEL C POWELL (JACKSON, BRANT) Modified on 5/16/2019 (ggs). (Entered: 05/16/2019)

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  • 05/14/2019
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  • Docket(#11) This is a text only entry; no document issued. ORDER finding as moot #5 Motion to Dismiss for Failure to State a Claim; finding as moot #6 Motion to Dismiss for Failure to State a Claim. In light of Plaintiffs' Amended Complaint, the Court finds that the pending motions to dismiss the original Complaint are moot. Defendants may move to dismiss the Amended Complaint. Plaintiffs are reminded of their duty to effect service of process in a timely manner. Ordered by US DISTRICT JUDGE CLAY D LAND on 5/14/2019 (CCL) (Entered: 05/14/2019)

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  • 05/14/2019
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  • DocketNotice of Deficiency (related document(s): #9 Recast Complaint/Petition filed by MICHAEL C POWELL, CATHY S POWELL ); Wrong event used, the correct event is "AMENDED COMPLAINT" - NO NEED TO REFILE - corrections made by case manager.(ggs) (Entered: 05/14/2019)

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  • 05/14/2019
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  • Docket(#10) RESPONSE filed by CATHY S POWELL, MICHAEL C POWELL re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Response to Motion for Temporary Restarining Order and Incorporated Memorandum of Law in Support (JACKSON, BRANT) (Entered: 05/14/2019)

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  • 05/14/2019
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  • Docket(#9) AMENDED COMPLAINT re #1 Notice of Removal, against All Defendants by CATHY S POWELL, MICHAEL C POWELL (JACKSON, BRANT) Modified on 5/14/2019 to correct event. (ggs). (Entered: 05/14/2019)

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  • 04/19/2019
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  • Docket(#8) Jurisdictional Statement by FIDELITY NATIONAL TITLE INSURANCE COMPANY (James, Austin) (Entered: 04/19/2019)

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  • 04/19/2019
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  • Docket(#7) Corporate Disclosure Statement by FIDELITY NATIONAL TITLE INSURANCE COMPANY identifying Corporate Parent FIDELITY NATIONAL FINANCIAL INC for FIDELITY NATIONAL TITLE INSURANCE COMPANY. (James, Austin) (Entered: 04/19/2019)

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  • 04/19/2019
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  • Docket(#6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FIDELITY NATIONAL TITLE INSURANCE COMPANY, KYLE KNOPSNYDER filed by Austin Eugene James. (Attachments: #1 Memorandum in Support)(James, Austin) (Entered: 04/19/2019)

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  • 04/08/2019
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  • Docket(#5) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Response to Motion for Temporary Restarining Order and Incorporated Memorandum of Law in Support by HSBC BANK USA NA, WELLS FARGO ASSET SECURITIES CORPORATION filed by ARTHUR ALLEN EBBS. (Attachments: #1 Exhibit Security Deed, #2 Exhibit Assignment)(EBBS, ARTHUR) (Entered: 04/08/2019)

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  • 04/04/2019
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  • Docket(#4) RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 5/16/2019. Ordered by US DISTRICT JUDGE CLAY D LAND on 4/4/2019. (ggs) (Entered: 04/04/2019)

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  • 04/03/2019
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  • Docket(#3) Jurisdictional Statement by HSBC BANK USA NA, WELLS FARGO ASSET SECURITIES CORPORATION (EBBS, ARTHUR) (Entered: 04/03/2019)

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  • 04/03/2019
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  • Docket(#2) Corporate Disclosure Statement by HSBC BANK USA NA, WELLS FARGO ASSET SECURITIES CORPORATION identifying Corporate Parent WELLS FARGO & COMPANY for WELLS FARGO ASSET SECURITIES CORPORATION; Corporate Parent HSBC HOLDINGS PLC for HSBC BANK USA NA. (EBBS, ARTHUR) (Entered: 04/03/2019)

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  • 04/03/2019
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  • DocketNotice of Deficiency (related document(s): #1 Notice of Removal, filed by WELLS FARGO ASSET SECURITIES CORPORATION, HSBC BANK USA NA); Pursuant to Local Rule 87.1, all nongovernmental corporate parties must file a Corporate Disclosure Statement. Please file the required corporate disclosures immediately. ADDITIONALLY, Pursuant to Local Rule 87.2 a Jurisdictional Statement must be filed. (ggs) (Entered: 04/03/2019)

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  • 04/03/2019
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  • DocketNotice of Deficiency (related document(s): #1 Notice of Removal,,, filed by Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-15, HSBC Bank USA, N.A., as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-15 ); Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. NO NEED TO REFILE, corrections made by case manager. (ggs) (Entered: 04/03/2019)

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  • 04/03/2019
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  • Docket(#1) NOTICE OF REMOVAL against Cathy S Powell, Michael C Powell Fee paid: Receipt # 113G-3120402, $400 filed by Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-15, HSBC Bank USA, N.A., as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-15 (Attachments: #1 Exhibit 1 to Notice of Removal - Note, #2 Exhibit 2 to Notice of Removal - Security Deed, #3 Exhibit 3 to Notice of Removal - Deed Under Power, #4 Exhibit 4 to Notice of Removal - Morgan County Superior Court Docket, #5 Exhibit 5 to Notice of Removal - Copies of Process, Pleadings, and Orders filed in Morgan County Superior Court, #6 Notice of Notice of Removal, #7 Notice of Removal to Plaintiffs, #8 Civil Cover Sheet)(EBBS, ARTHUR) (Entered: 04/03/2019)

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