Case Details

CourtMiddle District of Tennessee
Docket number3:08-cv-01026
Date case filed2008-10-22
Date case closed2009-06-22
Date of latest filing
Assigned toSenior Judge John T. Nixon
Case cause28:1441 Notice of Removal-All Other Real Property
Nature of suit290 Real Property: Other
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: Billy Joe Malugin
Party type: Plaintiff
doing business asMalugin Construction and Remodeling
Attorney name: Patrick Brian Ragan
Attorney Contact:
Reynolds, Potter, Ragan & Vandivort, PLC
210 E College Street
Dickson, TN 37055
(615) 446-2221
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Craig Lee Potts
Party type: Defendant
Attorney name: Craig Lee Potts
Attorney Contact:
133 Gaskins Road
Dickson, TN 37055
PRO SE
Party: Crystal Dawn Potts
Party type: Defendant
Attorney name: Crystal Dawn Potts
Attorney Contact:
133 Gaskins Road
Dickson, TN 37055
PRO SE
Party: Allied Home Mortgage Capital Corporation
Party type: Defendant
Attorney name: Charles Malone
Attorney Contact:
Walker Tipps & Malone
2300 One Nashville Place
150 Fourth Avenue, N
Nashville, TN 37219-2415
(615) 313-6000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John C. Hayworth
Attorney Contact:
Walker, Tipps & Malone
2300 One Nashville Place
150 Fourth Avenue, N
Nashville, TN 37219-2415
(615) 313-6000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: U.S. Department of Agriculture Rural Housing Service
Party type: Defendant
Attorney name: Michael L. Roden
Attorney Contact:
Office of the United States Attorney
110 Ninth Avenue, S
Suite A961
Nashville, TN 37203-3870
(615) 736-5151
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12008-10-22 NOTICE OF REMOVAL by U.S. Department of Agriculture Rural Housing Service from Chancery Court of Dickson County, case number 11581-08. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet)(hr) (Entered: 10/22/2008)
22008-10-22 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement. (hr) (Entered: 10/22/2008)
32008-10-22 NOTICE of Initial Case Management Conference set for Monday, 12/1/2008 at 12:00 PM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. (hr) (Entered: 10/22/2008)
42008-10-23 MOTION for Extension of Time to File Answer Or Otherwise Responsively Plead by U.S. Department of Agriculture Rural Housing Service. (Roden, Michael) (Entered: 10/23/2008)
52008-10-23 ORDER: 4 Motion for Extension of Time to Answer re 1 Notice of Removal is granted. U.S. Department of Agriculture Rural Housing Service answer due 12/20/2008. Pltfs' counsel shall serve a copy of this order upon defts Craig Potts, Crystal Potts and Allied Home Mortgage Capital Corp. and otherwise insure that they are advised of the scheduled initial case management conference. Signed by Magistrate Judge Juliet E. Griffin on 10/23/08.(cc: Craig Potts, Crystal Potts and Allied Mortgage Capital Corp. by reg mail) (km) (Entered: 10/23/2008)
62008-10-28 MOTION to Continue Initial Case Management Conference by U.S. Department of Agriculture Rural Housing Service. (Roden, Michael) (Entered: 10/28/2008)
72008-10-28 ORDER: 6 MOTION to Continue Initial Case Management Conference is granted. Case Management Conference reset for 1/8/2009 at 10:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 10/28/08. (km) (Entered: 10/29/2008)
82008-10-29 MOTION for Extension of Time to File Answer or Other Responsive Pleading to Complaint (Unopposed) by Allied Home Mortgage Capital Corporation. (Hayworth, John) (Entered: 10/29/2008)
92008-10-29 CORPORATE DISCLOSURE STATEMENT filed by Allied Home Mortgage Capital Corporation. (Hayworth, John) (Entered: 10/29/2008)
102008-10-29 Summons Issued as to U.S. Attorney and U.S. Attorney General (km) (Entered: 10/29/2008)
112008-10-29 ORDER granting 8 Motion for Extension of Time to Answer re 1 Notice of Removal; Allied Home Mortgage Capital Corporation answer due 11/20/2008. Signed by Magistrate Judge Juliet E. Griffin on 10/29/08. (km) (Entered: 10/29/2008)
122008-11-11 SUMMONS Returned Executed as to Edward M. Yarbrough on 11/07/2008 by Billy Joe Malugin. (Ragan, Patrick) (Entered: 11/11/2008)
132008-11-20 ANSWER to Complaint by Allied Home Mortgage Capital Corporation.(Malone, Charles) (Entered: 11/20/2008)
142008-11-24 SUMMONS returned executed by Billy Joe Malugin. U.S. Attorney General served on 11/18/2008. (Ragan, Patrick) Modified text on 11/25/2008 (km). (Entered: 11/24/2008)
152008-12-01 NOTICE of Change of Address by Craig Lee Potts, Crystal Dawn Potts (km) (Entered: 12/01/2008)
162008-12-08 ORDER: Case Management Conference reset for 2/3/2009 at 10:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 12/8/08. (cc: Craig and Crystal Potts by reg mail)(km) (Entered: 12/08/2008)
172008-12-22 MOTION for Extension of Time to File Answer or Responsively Plead on Behalf of U.S. Department of Agriculture, Rural Housing Service by U.S. Department of Agriculture Rural Housing Service. (Roden, Michael) (Entered: 12/22/2008)
182008-12-23 ORDER granting 17 Motion for Extension of Time to Answer by the deft U.S. Department of Agriculture, Rural Housing Service. Answer due 1/7/2009. The initial case management conference is scheduled Tuesday, February 3, 2009, at 10:00 a.m., in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN. Signed by Magistrate Judge Juliet E. Griffin on 12/23/08. (af) (Entered: 12/23/2008)
192009-01-09 Second MOTION for Extension of Time to File Answer or Responsively Plead on Behalf of U.S. Department of Agriculture, Rural Housing Service by U.S. Department of Agriculture Rural Housing Service. (Roden, Michael) (Entered: 01/09/2009)
202009-01-12 ORDER granting 19 Motion for Extension of Time to Answer re 1 Notice of Removal; U.S. Department of Agriculture Rural Housing Service answer due 1/16/2009. Signed by Magistrate Judge Juliet E. Griffin on 1/12/09. (km) (Entered: 01/12/2009)
212009-01-15 ANSWER to Complaint by U.S. Department of Agriculture Rural Housing Service.(Roden, Michael) (Entered: 01/15/2009)
222009-01-27 SUGGESTION OF BANKRUPTCY Upon the Record by Billy Joe Malugin. (Attachments: # 1 Exhibit Case Summary)(Ragan, Patrick) (Entered: 01/27/2009)
232009-01-28 ORDER: Before the Court is Pltf Billy Joe Malugin's Suggestion of Bankruptcy 22 . The Court STAYS this matter, pending resolution of the bankruptcy proceeding. Signed by Senior Judge John T. Nixon on 1/28/09. (km) (Entered: 01/28/2009)
242009-01-29 ORDER: By 23 Order, the proceedings in this case were stayed. Therefore, the initial case management conference set for 02/03/09 is CANCELLED. By 05/01/09, the pltf shall file a status report, indicating whether the Bankruptcy proceedings have concluded and, if so, whether the stay can be lifted, and, if not, the status of the Bankruptcy proceedings and when it is anticipated that they will be concluded. The Clerk is directed to mail a copy of this order to defts Craig Lee Potts and Crystal Dawn Potts by certified mail and by regular, first class mail at the address provided on the docket. Signed by Magistrate Judge Juliet E. Griffin on 01/29/09. (xc: Defts Craig Potts, Crystal Potts by reg. and cert. mail)(ab) (Entered: 01/29/2009)
252009-02-02 Docket Annotation: Green Card returned this date as to DE No. 24, sent to Craig Potts, signed by Crystal Potts, on 1/30/09. (km) (Entered: 02/03/2009)
262009-02-02 (DISREGARD- entered in error - See DE #25) Docket Annotation: Green Card returned this date as to DE No. 24, sent to Crystal Potts, signed by Crystal Potts, on 1/30/09. (km) Modified on 2/3/2009 (km). (Entered: 02/03/2009)
272009-05-01 STATUS REPORT by Billy Joe Malugin. (Attachments: # 1 Case Summary)(Ragan, Patrick) (Entered: 05/01/2009)
282009-05-04 ORDER: Case Management Conference reset for 5/22/2009 at 03:00 PM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 5/4/09. (cc: Defts Craig Lee Potts and Crystal Dawn Potts by reg and cert mail)(km) (Entered: 05/04/2009)
292009-05-06 Docket Annotation: Green Card returned this date as to DE No. 28, sent to Craig & Crystal Potts, signed by Crystal Potts, on 5/3/09. (km) (Entered: 05/06/2009)
302009-05-21 PROPOSED CASE MANAGEMENT ORDER filed by Billy Joe Malugin. (Ragan, Patrick) (Entered: 05/21/2009)
312009-05-26 ORDER: Pursuant to the order entered May 4, 2009 (Docket Entry No. 28 ), a case management conference was held on May 22, 2009, The parties agreed that the construction work performed by the plaintiff on the Potts' home is complete and that no further inspection is needed. The insurance check provided by Allied would normally be issued in the name of the plaintiff and the Potts. However, the Potts have signed a notarized statement, disclaiming any interest in or entitlement to the funds at issue and requesting that the balance of $29,154.42 be paid directly (and only) to the plaintiff. The Clerk is directed to file and scan onto the docket the original notarized statement, dated May 15, 2009, provided to the Court on May 22, 2009. Once the funds at issue are paid to the plaintiff, the plaintiff will release thematerialman's lien on the Potts' home and plaintiff's counsel will send a copy of the release to the Potts. Once the funds at issue are paid to the plaintiff, all claims against the Potts will be dismissed. There is another check in the amount of $905.50 from State Farm that the plaintiff and remaining defendants (other than the Potts) believe that they can address so that payment can be made to the plaintiff. Once the plaintiff receives payment in that amount, the entire case will be dismissed. Craig Lee Potts and Crystal Dawn Potts and counsel for the remaining parties shall participate in a telephone conference call with the Court on Monday, June 8, 2009, at 6:00 p.m.,to be initiated by counsel for defendant RHS, to address whether the Allied check has been disbursed to the plaintiff, whether the lien on the Potts' home has been released, and whether the State Farm check has been disbursed to the plaintiff. Signed by Magistrate Judge Juliet E. Griffin on 5/26/09. (km) (Entered: 05/27/2009)
322009-05-27 NOTARIZED STATEMENT dated 5/15/09 of Craig Lee Potts and Crystal Dawn Potts (km) (Entered: 05/27/2009)
332009-06-12 ORDER: Pursuant to the order entered May 26, 2009 (Docket Entry No. 31), counsel for the parties called the Court on June 8, 2009. The Court attempted to reach defendants Craig Lee Potts and Crystal Dawn Potts but was unable to do so. Mr. Potts later called the Court to advise that, since he had received a release of the lien, he did not think that he and Ms. Potts needed to participate in the conference call. Mr. and Ms. Potts must sign a stipulation of dismissal or agreed order of dismissal. Otherwise, they will remain parties in this case. Plaintiff's counsel will contact Mr. and Ms. Potts so that they can sign the stipulation or agreed order. Parties shall file an agreed order of dismissal or stipulation of dismissal no later than June 19, 2009. Signed by Magistrate Judge Juliet E. Griffin on 6/12/09. (cc: Craig Lee Potts and Crystal Dawn Potts by reg and cert mail)(km) (Entered: 06/12/2009)
342009-06-15 Docket Annotation: Return Receipt Card returned this date as to DE No. 33, sent to Crystal Potts, signed by Crystal Potts, on 6/13/09. (km) (Entered: 06/16/2009)
352009-06-15 Docket Annotation: Return Receipt Card returned this date as to DE No. 33, sent to Craig Potts, signed by Craig Potts, on 6/13/09. (km) (Entered: 06/16/2009)
362009-06-18 PROPOSED ORDER OF DISMISSAL (Agreed) filed by Billy Joe Malugin. (Ragan, Patrick) (Entered: 06/18/2009)
372009-06-18 ORDER: In accord with the order entered 6/12/2009 33 , the parties filed an agreed order of dismissal 36 on 6/18/2009. The Clerk is directed to forward the file to the Honorable John T. Nixon for his consideration of the agreed order of dismissal. Unless otherwise directed by the Court or upon motion of the parties, there will be no further proceedings before the Magistrate Judge in this case. Judge Magistrate Judge Juliet E. Griffin no longer assigned to case. Signed by Magistrate Judge Juliet E. Griffin on 6/18/09. (dt) (Entered: 06/19/2009)
382009-06-22 ORDER: The parties to this action agree to dismiss this action with prejudice. (Doc. No. 37 ). As a result, this case is dismissed with prejudice and the Court ORDERS this case Administratively Closed. Signed by Senior Judge John T. Nixon on 6/22/09. (km) (Entered: 06/22/2009)