Lombardi v. Bank of America NA et al
| Jean Lombardi |
| Bank of America NA and The Bank of New York Mellon |
| 3:2013cv01464 |
| April 15, 2013 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Reed C O'Connor |
| Irma Carrillo Ramirez |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
188
ORDER granting 147 Motion for Summary Judgment and finding as moot 174 Findings and Recommendations on Case. Accordingly, Plaintiff is ORDERED to pay Intervenor rental damages of $41,190. (Ordered by Judge Reed C O'Connor on 9/26/2016) (epm)
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Filing
152
ORDER ACCEPTING 142 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Based on the foregoing analysis, the Court finds that the Magistrate Judge's FCR in this case should be and is hereby ACCEPTED, Defendants 9; Second Motion for Summary Judgment (ECF No. 123 ) is GRANTED, and the Plaintiff's remaining claim for violation of § 51.002(d) and her requested declaration that Defendants have "unclean hands" are DISMISSED with prejudice. (Ordered by Judge Reed C O'Connor on 11/23/2015) (bdb)
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Filing
133
ORDER ACCEPTING 131 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, it is ORDERED that Intervenor's 82 Motion for Partial Summary Judgment, filed 10/9/2014, is hereby DENIED as moot. (Ordered by Judge Reed C O'Connor on 5/18/2015) (tln)
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Filing
120
ORDER ACCEPTING 111 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' Motion for Summary Judgment (ECF No. 50 ) is GRANTED in part and DENIED in part. Summary judgment is GRANTED on Plaintiff's claims for bre ach of contract and for violations of §§ 392.301(a)(8), 392.101, and § 392.303(a)(2) of the Texas Debt Collection Practices Act. Summary judgment is also GRANTED as to her request for a declaration that Defendants breached the deed of trust. At this time, summary judgment is DENIED as to Plaintiff's request for a declaration that Defendants have "unclean hands." Defendants are GRANTED leave to file a second motion for summary judgment regarding Plaintiff's Section 51.002(d) claim and Plaintiff's requested declaration that Defendants have "unclean hands" no later than 4/8/2015. (Ordered by Judge Reed C O'Connor on 3/18/2015) (ctf)
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Filing
81
ORDER ACCEPTING 72 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 32 Motion for Summary Judgment filed by EMI & WICK, LLC. EMI's Motion for Summary Judgment, filed 9/30/2013 (ECF No. 32 ), is DENIED in pa rt and GRANTED in part. EMI's motion for summary judgment on Plaintiff's claims is DENIED without prejudice to filing a second motion that specifically addresses Plaintiff's remaining claims, its motion for summary judgment on its trespass-to-try-title counterclaim is GRANTED, and its motion to expunge the notice of lis pendens is DENIED. (Ordered by Judge Reed C O'Connor on 9/26/2014) (cea)
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Filing
45
ORDER ACCEPTING 43 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, Defendant Bank of America, N.A. and The Bank of New York Mellon's 17 Motion to Dismiss, is GRANTED in part and DENIED in part. Plaintiff&# 039;s claims against Defendants for negligence, negligent misrepresentation, common law fraud, suit to quiet title, trespass to try title, unjust enrichment, and violations of the DTPA, RESPA, and §§ 392.304(a)(8),(19) of the TDCPA are DI SMISSED with prejudice. Her wrongful foreclosure claim, her breach of contract claim, and her TDCPA claims under §§ 392.301(a)(8) and 392.001 for failure to pay the requisite bond and § 392.303(a)(2) for charging unauthorized fees are allowed to proceed. Additionally, this case is referred to Magistrate Judge Ramirez for pretrial management. (Ordered by Judge Reed C O'Connor on 3/13/2014) (twd)
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