Lombardi v. Bank of America NA et al

Plaintiff: Jean Lombardi
Defendant: Bank of America NA and The Bank of New York Mellon
Case Number: 3:2013cv01464
Filed: April 15, 2013
Court: Texas Northern District Court
Office: Dallas Office
County: Dallas
Presiding Judge: Reed C O'Connor
Referring Judge: Irma Carrillo Ramirez
Nature of Suit: Real Property: Other
Cause of Action: 28:1332 Diversity-Notice of Removal
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
March 18, 2015 120 Opinion or Order of the Court 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)
March 13, 2014 45 Opinion or Order of the Court 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)
September 26, 2014 81 Opinion or Order of the Court 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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Plaintiff: Jean Lombardi
Represented By: Kristen Nicole Blanchard
Represented By: Dolores G Gagnon
Represented By: Sarah June Lopano
Represented By: Jack B Peacock, Jr
Represented By: David M Vereeke
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Defendant: Bank of America NA
Represented By: Tatiana Alexander
Represented By: Nathan T Anderson
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Defendant: The Bank of New York Mellon
Represented By: Tatiana Alexander
Represented By: Nathan T Anderson
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