ARTHUR v. LITTON LOAN SERVICING LP

No. 1:02-CV-285.

249 F.Supp.2d 924 (2002)

Dixie J. ARTHUR and Carletta Davis, Plaintiffs, v. LITTON LOAN SERVICING LP; Steve Jetter; U.S. Bank National Association, as Trustee Under the Pooling and Servicing Agreement Dated as of May 2000, Among Financial Asset Securities Corp., as Depositor, Greenwich Capital Financial Products, Inc., as Seller, Litton Loan Servicing, LP, as Servicer; and U.S. Bank National Association, as Trustee, Soundview Home Equity Loan Asset-Backed Certificates, Series 2000-1, Without Recourse, and Arnold M. Weiss, Substitute Trustee Under a Deed of Trust Executed October 29, 1999 by Dixie J. Arthur and Carletta Davis to Transcontinental Title, as Trustee, Defendants.

United States District Court, E.D. Tennessee, at Chattanooga.

November 19, 2002.


Attorney(s) appearing for the Case

Hugh J. Moore, Jr., Shumaker, Witt, Gaither & Whitaker, PC, Chattanooga, TN, Whitney Durand, Southeast Tennessee Legal Services, Chattanooga, TN, for plaintiffs.

Gregory C. Logue, Chad D. Emerson, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, TN, for Litton Loan Servicing, LP, Steve Jetter, U.S. Bank National Ass'n., defendants

Valerie A. Spicer, Unknown, Richard T. Klingler, Kennedy, Fulton, Koontz & Farinash, Chattanooga, TN, for Arnold M. Weiss, defendant.


MEMORANDUM AND ORDER

EDGAR, Chief Judge.

Defendants Litton Loan Servicing LP ("Litton") and U.S. Bank National Association ("U.S.Bank") removed this case from the Chancery Court in Hamilton County, Tennessee. There are two motions before the Court. Plaintiffs move to remand pursuant to 28 U.S.C. § 1447(c) contending that Litton has been served with process and Litton failed to timely file the notice of removal within the 30-day time limit provided...

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