Gregg v. U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust
| Brian C. Gregg |
| U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust, Cesar DeLaGarza, Jack Beckman, Michelle Schwartz, Richard E. Anderson, Servis One, Inc. dba BSI Financial Services, Ray Vela, Kelly Goddard and David Garvin |
| 4:2020cv00873 |
| November 10, 2020 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Amos L Mazzant |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 33
ORDER re #31 Agreed MOTION to Approve Consent Judgment. Videoconference set for 1/28/2021 at 01:00 PM before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 1/8/2021. (rpc, )
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| Filing 32 MEMORANDUM ADOPTING #29 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Accordingly, Plaintiff Brian C. Gregg's Emergency Motion for Remand (Dkt. #9 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 1/7/2021. (daj, ) |
| Filing 31 Agreed MOTION to Approve Consent Judgment by Servis One, Inc. dba BSI Financial Services. (Attachments: #1 Text of Proposed Order)(Anderson, Richard) |
| Filing 30 Mail Returned as Undeliverable. Order #29 sent to Brian C. Gregg returned. (rpc, ) |
| Filing 29 REPORT AND RECOMMENDATIONS. The Court recommends that Plaintiff Brian C. Gregg's Emergency Motion for Remand (Dkt. #9 ) be DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/16/2020. (las) |
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Filing 28
MEMORANDUM AND OPINION. The Court finds that Plaintiff's Emergency Application for Temporary Restraining Order and Plaintiff's Verified Original Complaint, Motion for Remand and Application for Temporary Injunction (Dkt. #6 ) is DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/11/2020. (las)
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Filing 27
ORDER granting #22 Motion for Extension of Time to File Response as to #8 MOTION to Dismiss . Response due by 12/30/2020. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/11/2020. (daj, )
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| Filing 26 Clarification of Testimony at Hearing and Status of Plaintiff's Emergency Application for Temporary Injunction and Plaintiff's Emergency Motion to Remand, by Brian C. Gregg. (daj, ) |
| Filing 25 ACKNOWLEDGMENT OF RECEIPT by Brian C. Gregg as to #15 Order Setting Hearing on Motion. (daj, ) |
| Filing 24 Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Hearing held on 12/7/2020 Motion #6 for Temporary Restraining Order and Motion #9 to Remand. (Attorney Appearances: Brian C. Gregg; Richard E. Anderson. (Time in court: 10:32 - 12:08) (Court Reporter Digital.) (jwam, ) |
| Filing 23 Supplement to Amended Plaintiff's Verified Original Complaint, Motion for Remand and Applications for Temporary Restraining Order and for Temporary Injunction (rpc, ) |
| Filing 22 MOTION for Extension of Time to File Response as to #8 MOTION to Dismiss by Brian C. Gregg. (daj, ) |
| Filing 21 Supplement to #9 EMERGENCY MOTION to Remand, filed by Brian C. Gregg. (daj, ) |
| Filing 20 REPLY to Response to Motion re #9 MOTION to Remand filed by Brian C. Gregg. (Attachments: #1 Exhibit A)(daj, ) |
| Filing 19 Amendments to Plaintiff's Verified Original Complaint, Motion for Remand and Applications for Temporary Restraining Order and for Temporary Injunction, filed by Brian C. Gregg (daj, ) |
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Filing 18
ORDER granting #16 Motion for Leave to File Response to Remand in Excess of 15 Pages. U.S. Bank's Opposition (Dkt. #17 ) is deemed filed. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/30/2020. (daj, )
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| Filing 17 RESPONSE in Opposition re #9 MOTION to Remand filed by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust. (Attachments: #1 Text of Proposed Order)(Anderson, Richard) |
| Filing 16 MOTION for Leave to File Response to Remand in Excess of 15 Pages by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust. (Attachments: #1 Text of Proposed Order)(Anderson, Richard) |
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Filing 15
ORDER Setting Hearing on Motions #9 MOTION to Remand, #6 MOTION for Temporary Restraining Order : Motion Hearing set for 12/7/2020 at 10:30 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. IT IS FURTHER ORDERED that, due to the expedited nature of the proceedings, Defendants are ORDERED to email a copy of this Order to Plaintiff at bcgregg2@gmail.com. The Clerk of Court is hereby directed to mail a copy of this Order to Plaintiff Brian Gregg. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/24/2020. (baf, )
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Filing 14
ORDER Setting Videoconference Hearing on #6 MOTION for Temporary Restraining Order. Motion Hearing set for 11/24/2020 at 02:00 PM in Video Rm (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/20/2020. (rpc, )
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| Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Telephone Conference held on 11/20/2020. Appearances: Brian C. Gregg, pro se plaintiff; Richard E. Anderson. (time in court: 10:35 - 10:38) (Court Reporter Digitial - ATT Confernce recording.) (jwam, ) |
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Filing 13
ORDER re #6 MOTION for Temporary Restraining Order filed by Brian C. Gregg. The hearing on the Motion set for Friday, November 20, 2020, is CANCELLED. IT IS HEREBY ORDERED that the parties shall appear telephonically on Friday, November 20, 2020, at 10:30 a.m. for a status conference. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/19/2020. (daj, )
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| Filing 12 ***PLEASE DISREGARD - PROPOSED ORDER FILED AS A STAND ALONE DOCUMENT***Proposed Pretrial Order Denying Application for TRO & Preliminary Injunction by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust. (Anderson, Richard) Modified on 11/16/2020 (baf, ). |
| Filing 11 ***PLEASE DISREGARD - PROPOSED ORDER FILED AS A STAND ALONE DOCUMENTProposed Pretrial Order Granting Motion to Dismiss by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust. (Anderson, Richard) Modified on 11/16/2020 (baf, ). |
| Filing 10 RESPONSE in Opposition re #6 MOTION for Temporary Restraining Order filed by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Anderson, Richard) (Additional attachment(s) added on 11/16/2020: #8 Text of Proposed Order) (baf, ). |
| Filing 9 EMERGENCY MOTION to Remand by Brian C. Gregg. (Attachments: #1 Exhibit A, #2 Exhibit B)(rpc, ) |
| Filing 8 MOTION to Dismiss by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Anderson, Richard) (Additional attachment(s) added on 11/16/2020: #6 Text of Proposed Order) (baf, ). |
| ***FILED IN ERROR BY ATTORNEY - PROPOSED ORDER FILED AS A STAND ALONE DOCUMENT. Document # 12, PROPOSED ORDER. PLEASE IGNORE.*** (baf, ) |
| ***FILED IN ERROR BY ATTORNEY - PROPOSED ORDER FILED AS A STAND ALONE DOCUMENT. Document # 11, PROPOSED ORDER. PLEASE IGNORE.*** (baf, ) |
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Filing 7
ORDER re #6 EMERGENCY MOTION for Temporary Restraining Order filed by Brian C. Gregg. IT IS ORDERED that Defendants shall file a response to the Motion, if any, no later than Tuesday, November 17, 2020. IT IS FURTHER ORDERED that Plaintiff and counsel for Defendants shall appear for a hearing before the undersigned regarding the Motion. Accordingly, the parties are set for a hearing on Friday, November 20, 2020, at 10:30 a.m., at the Plano Courthouse, Courtroom 108, 7940 Preston Road, Plano, Texas 75024. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/13/2020. (daj, )
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| Filing 6 EMERGENCY MOTION for Temporary Restraining Order by Brian C. Gregg. (Attachments: #1 Affidavit Brian C. Gregg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Text of Proposed Order, #12 Text of Proposed Order Setting Hearing)(rpc, ) |
| Filing 5 ***FILED IN STATE COURT*** ANSWER to #4 Complaint by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust.(daj, ) |
| Filing 4 ***FILED IN STATE COURT***COMPLAINT against U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust, filed by Brian C. Gregg.(daj, ) |
| Filing 3 Case assigned to District Judge Amos L. Mazzant, III and referred to Magistrate Judge Kimberly C Priest Johnson. (daj, ) (Additional attachment(s) added on 11/12/2020: #1 Magistrate referral) (daj, ). |
| Filing 2 ADDITIONAL ATTACHMENTS TO MAIN DOCUMENT #1 NOTICE OF REMOVAL by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust: (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Anderson, Richard) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. **Consent form mailed to Plf. (daj, ) |
| Filing 1 NOTICE OF REMOVAL by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust from 429TH District Court, case number 429-05667-2020. (Filing fee $ 400 receipt number 0540-8099328), filed by U.S. Bank Trust National Association, as Trustee of Cabana Series III Trust.(Anderson, Richard) |
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