Breitling et al v. LNV Corporation et al
Plaintiff: Breitling, Samuel G Breitling and JoAnn Stokes Breitling
Defendant: LNV Corporation, MGC Mortgage Inc, Dovenmuehle Mortgage Inc, Codilis & Stawiarski PC and Unknown Does 1 to 50
Case Number: 3:2015cv00703
Filed: March 3, 2015
Court: US District Court for the Northern District of Texas
Office: Dallas Office
County: Dallas
Presiding Judge: Jane J Boyle
Nature of Suit: Real Property: All Other Real Property
Cause of Action: 28 U.S.C. § 1446 Notice of Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 16, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2018 Opinion or Order Filing 163 JUDGMENT/MANDATE of USCA as to #150 Notice of Appeal filed by JoAnn Stokes Breitling, Samuel G Breitling. It is ordered and adjudged that the judgment of the District Court is affirmed. Issued as Mandate: 4/16/2018. (svc)
April 16, 2018 Opinion or Order Filing 162 Opinion of USCA in accordance with USCA judgment re #150 Notice of Appeal filed by JoAnn Stokes Breitling, Samuel G Breitling. (svc)
August 8, 2017 Opinion or Order Filing 161 ELECTRONIC ORDER denying #160 Motion for Leave to File. Plaintiffs' appeal is still pending before the Fifth Circuit. Thus, the Court is divested of jurisdiction over this action. (Ordered by Judge Jane J. Boyle on 8/8/2017) (chmb)
August 3, 2017 Opinion or Order Filing 160 MOTION for Leave to File Opposed Motion to Expunge Notice of Lis Pendens and Appendix filed by LNV Corporation (Attachments: #1 Exhibit(s) A-1 Opposed Motion to Expunge Notice of Lis Pendens, #2 Exhibit(s) A-2 Appendix in Support of Opposed Motion to Expunge Notice of Lis Pendens, #3 Proposed Order Order Granting Leave to File) (Sanders, Jason)
July 19, 2017 Opinion or Order Filing 159 NOTICE of Change of Address for Attorney Jason L Sanders on behalf of LNV Corporation. (Filer will update contact info in ECF.) (Sanders, Jason)
April 3, 2017 Opinion or Order Record on Appeal for USCA5 16-11576 (related to #150 appeal): transmitted to Joann Breitling on disk only by Federal Express next day delivery. (svc)
March 30, 2017 Opinion or Order Filing 158 ELECTRONIC ORDER denying #155 Motion for Leave to File; denying #156 Motion for Sanctions. Plaintiffs' appeal is still pending before the Fifth Circuit. Thus, the Court is divested of jurisdiction over this action. For that reason, the Court DENIES Defendant's: (1) Motion for Leave; and (2) Motion for Sanctions. And given this case's contentious history, the Court requires that the parties seek leave of court before filing any further motions. (Ordered by Judge Jane J. Boyle on 3/30/2017) (chmb)
March 30, 2017 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:158. Thu Mar 30 16:10:59 CDT 2017 (crt)
March 29, 2017 Opinion or Order Filing 157 Appendix in Support filed by LNV Corporation re #156 MOTION for Sanctions for Bad Faith, Unreasonable, and Vexatious Conduct (Attachments: #1 Exhibit(s) A Moore Declaration, #2 Exhibit(s) B SGB Mot4Continuance, #3 Exhibit(s) C TX DPS Abstract Records for Breitlings, #4 Exhibit(s) D Kaspar Jr. Declaration, #5 Exhibit(s) E Sanders Declaration) (Sanders, Jason)
March 29, 2017 Opinion or Order Filing 156 MOTION for Sanctions for Bad Faith, Unreasonable, and Vexatious Conduct filed by LNV Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting Mot4Sanctions) (Sanders, Jason)
March 29, 2017 Opinion or Order Filing 155 MOTION for Leave to File Motion and Brief in Excess of Page Limit filed by LNV Corporation (Attachments: #1 Proposed Order Granting Mot4Leave to File Brief Exceeding Page Limit) (Sanders, Jason)
January 31, 2017 Opinion or Order Filing 154 ORDER of USCA as to #150 Notice of Appeal. Appellants' opposed emergency motion for summary disposition is DENIED. (axm)
January 13, 2017 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:153. Fri Jan 13 08:05:28 CST 2017 (crt)
January 12, 2017 Opinion or Order Filing 153 ELECTRONIC ORDER denying #151 Motion for Reconsideration. The Court has warned Plaintiffs against further filings in this Court. See Doc. #149 . That is especially true given that this case is on appeal to the Fifth Circuit, which divests the Court of jurisdiction. See Griggs v. Provident Cons. Discount Co., 459 U.S. 56, 58 (1982). Accordingly, the Court DENIES Plaintiff's Emergency Rule 60 Motion. (Ordered by Judge Jane J. Boyle on 1/12/2017) (chmb)
January 12, 2017 Opinion or Order Filing 152 Notice of Correction of Signature Omission, correcting signature omission in #151 Motion for Reconsideration, filed by JoAnn Stokes Breitling, Samuel G Breitling. (Breitling, JoAnn) Modified event text on 1/13/2017 (axm).
January 12, 2017 Opinion or Order Filing 151 Emergency MOTION for Reconsideration Under Rule 60 FRCP filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix with Exhibits A-J, #2 Declaration(s) Declaraion of Samuel and JoAnn Breitling, #3 Proposed Order Proposed Order) (Breitling, JoAnn)
December 6, 2016 Opinion or Order Record on Appeal for USCA5 16-11576 (related to #150 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 18 (circuit approval is required for access). PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (axm)
November 15, 2016 Opinion or Order USCA Case Number 16-11576 in USCA5 for #150 Notice of Appeal filed by JoAnn Stokes Breitling, Samuel G Breitling. (axm)
November 1, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:150. and transcript order form Tue Nov 1 17:37:29 CDT 2016 (crt)
October 31, 2016 Opinion or Order Filing 150 NOTICE OF APPEAL as to #141 Judgment, #139 Memorandum Opinion and Order, #149 Order, #140 Memorandum Opinion and Order to the Fifth Circuit by JoAnn Stokes Breitling, Samuel G Breitling. Filing fee $505, receipt number 0539-7969338. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Breitling, JoAnn)
October 4, 2016 Opinion or Order Filing 149 ORDER denying #142 Motion to Alter Judgment; denying #143 Motion to Set Aside ; denying #144 Motion to Unseal Document. The Court directs Plaintiffs to cease submitting filings to the Court in this case. If Plaintiffs continue to do so, then they will be subject to sanctions, including a bar from filing future suits in the Northern District of Texas. (Ordered by Judge Jane J Boyle on 10/4/2016) (epm)
October 4, 2016 Opinion or Order Filing 148 REPLY filed by JoAnn Stokes Breitling, Samuel G Breitling re: #143 First MOTION to Set Aside #100 Order on Motion for Reconsideration, 73 Order on Motion to Vacate, #141 Judgment, #142 First MOTION to Alter Judgment Pursuant to Rule 52, 84 Order on Motion to Consolidate Cases, 72 Order on Motio, #142 First MOTION to Alter Judgment Pursuant to Rule 52 (Breitling, JoAnn)
October 4, 2016 Opinion or Order Filing 147 REPLY filed by JoAnn Stokes Breitling, Samuel G Breitling re: #143 First MOTION to Set Aside #100 Order on Motion for Reconsideration, 73 Order on Motion to Vacate, #141 Judgment, #142 First MOTION to Alter Judgment Pursuant to Rule 52, 84 Order on Motion to Consolidate Cases, 72 Order on Motio, #142 First MOTION to Alter Judgment Pursuant to Rule 52 (Breitling, JoAnn)
October 4, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:149. Tue Oct 4 11:29:28 CDT 2016 (crt)
September 23, 2016 Opinion or Order Filing 146 RESPONSE AND OBJECTION filed by LNV Corporation re: #143 First MOTION to Set Aside #100 Order on Motion for Reconsideration, 73 Order on Motion to Vacate, #141 Judgment, #142 First MOTION to Alter Judgment Pursuant to Rule 52, 84 Order on Motion to Consolidate Cases, 72 Order on Motio, #142 First MOTION to Alter Judgment Pursuant to Rule 52 (Attachments: #1 Proposed Order Denying Rule 52 Motion and Rule 59 Motion) (Cabrera, Marc)
September 21, 2016 Opinion or Order Filing 145 RESPONSE filed by Codilis & Stawiarski PC re: #143 First MOTION to Set Aside #100 Order on Motion for Reconsideration, 73 Order on Motion to Vacate, #141 Judgment, #142 First MOTION to Alter Judgment Pursuant to Rule 52, 84 Order on Motion to Consolidate Cases, 72 Order on Motio, #142 First MOTION to Alter Judgment Pursuant to Rule 52 (Devin, Clayton)
September 8, 2016 Opinion or Order Filing 144 First MOTION to Unseal Document 18 and Document 21 filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Breitling, JoAnn)
September 8, 2016 Opinion or Order Filing 143 First MOTION to Set Aside #100 Order on Motion for Reconsideration, 73 Order on Motion to Vacate, #141 Judgment, #142 First MOTION to Alter Judgment Pursuant to Rule 52, 84 Order on Motion to Consolidate Cases, 72 Order on Motion for Miscellaneous Relief Alter Pursuant to Rule 58(e) filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Breitling, JoAnn)
September 7, 2016 Opinion or Order Filing 142 First MOTION to Alter Judgment Pursuant to Rule 52 filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exhibit A - Side by Side Orders signed by Judge Tillery, #2 Exhibit(s) Exhibit B - Order withdrawing for error Order signed on July 7, 2014) (Breitling, JoAnn)
August 10, 2016 Opinion or Order Filing 141 FINAL JUDGMENT: It is ORDERED that Plaintiffs take nothing by their suit against Defendants and that this suit be DISMISSED with prejudice. (Ordered by Judge Jane J Boyle on 8/10/2016) (trk)
August 10, 2016 Opinion or Order Filing 140 MEMORANDUM OPINION AND ORDER: The Court ORDERS that this action be DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Judge Jane J Boyle on 8/10/2016) (trk)
August 10, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:140. Wed Aug 10 10:33:11 CDT 2016 (crt)
August 10, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:141. Wed Aug 10 11:10:29 CDT 2016 (crt)
August 3, 2016 Opinion or Order Filing 139 MEMORANDUM OPINION AND ORDER denying #138 Second Motion for Recusal. (Ordered by Judge Jane J Boyle on 8/3/2016) (ran)
August 3, 2016 Opinion or Order Filing 138 Second MOTION for Recusal Disqualification of Judge Jane Boyle for bias and clear conflit of interest filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Breitling, JoAnn)
August 3, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:139. Wed Aug 3 13:13:30 CDT 2016 (crt)
July 11, 2016 Opinion or Order Filing 137 REPLY filed by JoAnn Stokes Breitling, Samuel G Breitling re: #130 First MOTION to Stay Pending Appeal (Attachments: #1 Exhibit(s) Exhibit A - filed in County Fifth Court of Appeals) (Breitling, JoAnn)
July 7, 2016 Opinion or Order Filing 136 REPLY filed by LNV Corporation re: #128 MOTION to Dismiss (Cabrera, Marc)
June 27, 2016 Opinion or Order Filing 135 RESPONSE AND OBJECTION filed by LNV Corporation re: #130 First MOTION to Stay Pending Appeal (Attachments: #1 Proposed Order Denying Motion to Stay) (Cabrera, Marc)
June 24, 2016 Opinion or Order Filing 134 RESPONSE AND OBJECTION filed by JoAnn Stokes Breitling, Samuel G Breitling re: #128 MOTION to Dismiss (Breitling, JoAnn)
June 24, 2016 Opinion or Order Filing 133 RESPONSE AND OBJECTION filed by JoAnn Stokes Breitling, Samuel G Breitling re: #129 MOTION to Strike or in the Alternative, Motion to Dismiss (Breitling, JoAnn)
June 21, 2016 Opinion or Order Filing 132 CERTIFICATE OF CONFERENCE by Plaintiffs JoAnn Stokes Breitling, Samuel G Breitling re: #130 Motion to Stay . (Breitling, JoAnn) Modified text on 6/22/2016 (mem).
June 21, 2016 Opinion or Order Filing 131 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #130 First MOTION to Stay Pending Appeal (Breitling, JoAnn)
June 20, 2016 Opinion or Order Filing 130 First MOTION to Stay Pending Appeal filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
June 10, 2016 Opinion or Order Filing 129 MOTION to Strike or in the Alternative, Motion to Dismiss filed by Codilis & Stawiarski PC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Devin, Clayton)
June 10, 2016 Opinion or Order Filing 128 MOTION to Dismiss filed by LNV Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cabrera, Marc)
June 2, 2016 Opinion or Order Filing 127 NOTICE of Motion for En Banc Review of Introloctory Appeal filed by JoAnn Stokes Breitling, Samuel G Breitling (Attachments: #1 Exhibit(s) Exhibit 1 - Motion for En Banc Review filed with Fifth Circuit Court of Appeals) (Breitling, JoAnn)
June 2, 2016 Opinion or Order Filing 126 Request for Clerk to issue certification to Texas Attorney General of Constitutional Challenge to Texas Statutues filed by JoAnn Stokes Breitling, Samuel G Breitling. (Breitling, JoAnn) Modified docket event on 6/2/2016 (aaa).
June 2, 2016 Opinion or Order Filing 125 Request for Clerk to issue certification to U.S. Attorney General of Constitutional Challenge to Act of Congress filed by JoAnn Stokes Breitling, Samuel G Breitling. (Breitling, JoAnn) Modified docket event on 6/2/2016 (aaa).
June 2, 2016 Opinion or Order Filing 124 NOTICE of Amended Constitutional Questions filed by JoAnn Stokes Breitling, Samuel G Breitling (Attachments: #1 Exhibit(s) Exhibit 1 - Criminal Plea Agreement Lorraine Brown) (Breitling, JoAnn)
May 31, 2016 Opinion or Order Filing 123 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #122 First MOTION for More Definite Statement and Judicial Clarification (Breitling, JoAnn)
May 31, 2016 Opinion or Order Filing 122 First MOTION for More Definite Statement and Judicial Clarification filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
May 27, 2016 Opinion or Order Filing 121 AMENDED COMPLAINT WITH JURY DEMAND against Samuel G Breitling, JoAnn Stokes Breitling filed by Samuel G Breitling, JoAnn Stokes Breitling. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Breitling, JoAnn)
May 20, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:120. Fri May 20 10:02:44 CDT 2016 (crt)
May 19, 2016 Opinion or Order Filing 120 ORDER: Plaintiffs must file their amended complaint on or before May 27, 2016. Failure to comply may result in the dismissal of this case. Case reopened. (Ordered by Judge Jane J Boyle on 5/19/2016) (mem)
May 17, 2016 Opinion or Order Filing 119 ORDER of USCA as to #103 Notice of Appeal filed by JoAnn Stokes Breitling, Samuel G Breitling. The appeal is dismissed. (axm)
April 28, 2016 Opinion or Order USCA Case Number 16-10275 in USCA5 for #103 Notice of Appeal filed by JoAnn Stokes Breitling, Samuel G Breitling. (axm)
April 27, 2016 Opinion or Order Filing 118 Order Administratively Closing Case. In light of Plaintiffs interlocutory appeal, the Court ORDERS that this lawsuit and all deadlines are STAYED pending the completion of appellate proceedings. (Ordered by Judge Jane J Boyle on 4/27/2016) (mem)
April 27, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:118. Wed Apr 27 11:35:51 CDT 2016 (crt)
April 26, 2016 Opinion or Order Filing 117 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #116 Response/Objection. (Breitling, JoAnn)
April 25, 2016 Opinion or Order Filing 116 RESPONSE and Answer to Courts Construed #104 Motion to Dismiss Against Defendant LNV filed by JoAnn Stokes Breitling, Samuel G Breitling re: #115 Order. (Attachments: #1 Exhibit 1 - Amy Brackett Assignment, #2 Exhibit 2 - Certified Copies of LNV's Articles of Incorporation, #3 Exhibit 3 - LNV Business Lisence, #4 Exhibit 4 - March 21, 2008 Assignment, #5 Exhibit 5 - Texas Rule 736, #6 Exhibit 7 - Fax about Rule 736.11, #7 Exhibit 8 - Oct 21 2014 Joint Status Report, #8 Exhibit 9 - Comparison of LNV/Beal suspect Notes, #9 Exhibit 10 - Feb 10 2015 Motion for Relief State Court, #10 Exhibit 11 - Locke Lord Removal and Dismiss How-to Manual, #11 Exhibit 12 - Locke Lord How to Deal with Pro se Litigants, #12 Exhibit 13 - Transcript June 22 Status Conf Hearing) (Breitling, JoAnn) Modified text on 4/26/2016 (axm).
April 18, 2016 Opinion or Order Filing 115 ORDER: The Breitlings must file a response to LNV's #104 motion to dismiss on or before 4/25/2016. Failure to file a response may result in sanctions. (Ordered by Judge Jane J Boyle on 4/18/2016) (bdb)
April 18, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:115. Mon Apr 18 11:35:50 CDT 2016 (crt)
April 16, 2016 Opinion or Order Filing 114 NOTICE of Challenge to Federal Court Jurisdiction of their STate Claims against Defendant LNV Corporation filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
April 14, 2016 Opinion or Order Filing 113 Notice of Correction of Signature Omission, correcting signature omission in #112 Response/Objection filed by JoAnn Stokes Breitling, Samuel G Breitling. (Breitling, JoAnn) (Main Document 113 replaced on 4/15/2016 to flatten pdf) (axm).
April 14, 2016 Opinion or Order Filing 112 OBJECTION filed by JoAnn Stokes Breitling, Samuel G Breitling re: #106 Order Setting Deadline/Hearing. (Breitling, JoAnn)
April 14, 2016 Opinion or Order Filing 111 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #110 Response/Objection to Motion for Leave to file suppliment (Breitling, JoAnn)
April 14, 2016 Opinion or Order Filing 110 RESPONSE AND OBJECTION filed by JoAnn Stokes Breitling, Samuel G Breitling re: #108 MOTION for Leave to File Motion to Supplement Summary Judgment Motion (Attachments: #1 Exhibit(s) Exhibit A to Objection) (Breitling, JoAnn)
March 29, 2016 Opinion or Order Filing 109 RESPONSE AND OBJECTION filed by LNV Corporation re: #102 MOTION to Remand, MOTION to Sever (Attachments: #1 Proposed Order Denying Motion to Sever and Remand) (Cabrera, Marc)
March 28, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:107. Mon Mar 28 11:32:55 CDT 2016 (crt)
March 25, 2016 Opinion or Order Filing 108 MOTION for Leave to File Motion to Supplement Summary Judgment Motion filed by Codilis & Stawiarski PC (Attachments: #1 Proposed Order) (Devin, Clayton)
March 24, 2016 Opinion or Order Filing 107 Order and Notice of Deficiency: Codilis & Stawiarski PC must address the following deficiency: The motion or response #105 must include certificate of conference or inability to confer. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). (Ordered by Judge Jane J Boyle on 3/24/2016) (ndt)
March 24, 2016 Opinion or Order Filing 106 ORDER: On March 15, 2016, Defendant LNV Corporation filed a "Notice of Plaintiffs' Non- Compliance With Court Order" (Doc. #104 ), in which LNV points out that Plaintiffs did not file an amended complaint that complies with the Court's previous orders by the deadline of March 11. After reviewing the Notice, the Court concludes that it is, in essence, a motion to dismiss Plaintiffs' claims. Accordingly, the Court will construe it as such, and allow Plaintiffs 21 days from this Order to file a response. That is, if Plaintiffs wish to respond to LNV's motion, they must do so on or before 4/14/2016. If Plaintiffs choose to respond, LNV will then have 14 days from the date of that response to file a reply. (Ordered by Judge Jane J Boyle on 3/24/2016) (ndt)
March 24, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:106. Thu Mar 24 13:59:58 CDT 2016 (crt)
March 23, 2016 Opinion or Order Filing 105 MOTION to Supplement Summary Judgment Motion filed by Codilis & Stawiarski PC. (Attachments: #1 Proposed Order) (Devin, Clayton) Modified text and linkage on 3/24/2016 (axm).
March 15, 2016 Opinion or Order Filing 104 NOTICE of Plaintiffs' Non-Compliance with Court Order re: #101 Memorandum Opinion and Order,, Modify Hearings/Deadlines, filed by LNV Corporation (Cabrera, Marc)
March 11, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:103. and Transcirpt Order Form Fri Mar 11 12:11:26 CST 2016 (crt)
March 10, 2016 Opinion or Order Filing 103 NOTICE OF INTERLOCUTORY APPEAL as to #100 Order on Motion for Reconsideration, #101 Memorandum Opinion and Order, #99 Memorandum Opinion and Order to the Fifth Circuit by JoAnn Stokes Breitling, Samuel G Breitling. Filing fee $505, receipt number 0539-7436838. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Breitling, JoAnn)
March 10, 2016 Opinion or Order Filing 102 MOTION to Remand, MOTION to Sever filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Attachments: #1 Exhibit A - Transcript Status Conference, #2 Proposed Order) (Breitling, JoAnn)
March 4, 2016 Opinion or Order Filing 101 MEMORANDUM OPINION AND ORDER: The Court GRANTS the Breitlings' #85 Motion with respect to their FDCPA claim for damages, but DENIES the Motion in all other respects. The Breitlings must file an amended complaint that comports with this Order on or before3/11/2016. (Ordered by Judge Jane J Boyle on 3/4/2016) (sss)
March 4, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:101. Fri Mar 4 12:16:19 CST 2016 (crt)
March 3, 2016 Opinion or Order Filing 100 ORDER: Before the Court is Plaintiffs Samuel and Jo Ann Breitling's Motion to Reconsider Motion to Vacate Judge Tillery's Void Order (Doc. #83 ). Plaintiffs' Motion to Reconsider is DENIED. (Ordered by Judge Jane J Boyle on 3/3/2016) (sss)
March 3, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:100. Thu Mar 3 12:22:55 CST 2016 (crt)
March 1, 2016 Opinion or Order Filing 99 MEMORANDUM OPINION AND ORDER: The Court DENIES the Breitlings' #86 Motion for Disqualification of Honorable Judge Jane J. Boyle. (Ordered by Judge Jane J Boyle on 3/1/2016) (sss)
March 1, 2016 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:99. Tue Mar 1 12:06:09 CST 2016 (crt)
February 3, 2016 Opinion or Order Filing 98 RESPONSE AND OBJECTION filed by LNV Corporation re: #93 First MOTION for Reconsideration re 84 Order on Motion to Consolidate Cases, #41 First MOTION to Consolidate Cases directly related and noticed (Attachments: #1 Proposed Order Denying Motion to Reconsider) (Cabrera, Marc)
January 21, 2016 Opinion or Order Filing 97 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #95 Response/Objection (Breitling, JoAnn)
January 21, 2016 Opinion or Order Filing 96 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #94 Response/Objection (Breitling, JoAnn)
January 20, 2016 Opinion or Order Filing 95 RESPONSE AND OBJECTION filed by JoAnn Stokes Breitling, Samuel G Breitling re: #89 Response/Objection, #90 MOTION to Joinin Defendant LNV Corporation's Response to Plaintiffs' Motion to Disqualify (Breitling, JoAnn)
January 20, 2016 Opinion or Order Filing 94 RESPONSE AND OBJECTION filed by JoAnn Stokes Breitling, Samuel G Breitling re: #91 Response/Objection (Attachments: #1 Exhibit(s) Exhibit A) (Breitling, JoAnn)
January 13, 2016 Opinion or Order Filing 93 First MOTION for Reconsideration re 84 Order on Motion to Consolidate Cases, #41 First MOTION to Consolidate Cases directly related and noticed filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
January 6, 2016 Opinion or Order Filing 92 Appendix in Support filed by LNV Corporation re #91 Response/Objection (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8) (Cabrera, Marc)
January 6, 2016 Opinion or Order Filing 91 RESPONSE filed by LNV Corporation re: #85 MOTION for Leave to File First Amended Complaint (Attachments: #1 Proposed Order) (Cabrera, Marc)
January 6, 2016 Opinion or Order Filing 90 Joinder in Defendant LNV Corporation's #89 Response to Plaintiffs' #86 Motion to Disqualify filed by Codilis & Stawiarski PC (Devin, Clayton) Modified title and terminated motion on 1/14/2016 (ctf).
January 6, 2016 Opinion or Order Filing 89 RESPONSE AND OBJECTION filed by LNV Corporation re: #86 First MOTION for Recusal of Judge Jane Boyle (Attachments: #1 Proposed Order Denying Motion to Disqualify) (Cabrera, Marc)
January 4, 2016 Opinion or Order Filing 88 RESPONSE AND OBJECTION filed by JoAnn Stokes Breitling, Samuel G Breitling re: #83 MOTION for Reconsideration re #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings , #87 Response/Objection, #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings (Attachments: #1 Exhibit(s) Exhibit A Amy Brackett endorsed counterfiet assignments of DoT, #2 Exhibit(s) Exhibit B - Morales Title Search Report Amy Brackett, #3 Exhibit(s) Exhibit C Texas Judge denies Beal/MGC Summary Judgment Same Facts) (Breitling, JoAnn)
December 18, 2015 Opinion or Order Filing 87 RESPONSE AND OBJECTION filed by LNV Corporation re: #83 MOTION for Reconsideration re #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings (Attachments: #1 Proposed Order Denying Motion to Reconsider) (Cabrera, Marc)
December 16, 2015 Opinion or Order Filing 86 First MOTION for Recusal of Judge Jane Boyle filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s) of JoAnn Breitling) (Breitling, JoAnn)
December 16, 2015 Opinion or Order Filing 85 MOTION for Leave to File First Amended Complaint filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
December 15, 2015 Opinion or Order Filing 84 ELECTRONIC ORDER denying #41 Motion to Consolidate Cases (Ordered by Judge Jane J Boyle on 12/15/2015) (Judge Jane J Boyle)
December 11, 2015 Opinion or Order Filing 83 MOTION for Reconsideration re #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
December 8, 2015 Opinion or Order Filing 82 ORDER: In its previous Order (Doc. 81), the Court informed Plaintiffs that they could not file an amended complaint unless and until the Court granted their motion for leave to amend. The Court believes these instructions clearly explain to Plaintiffs how they may proceed in their case. Therefore, any further failures by the Plaintiffs to follow these instructions may result in the imposition of sanctions, up to and including the dismissal of this case with prejudice. If Plaintiffs wish to file a motion for leave to amend their complaint, they must do so on or before 12/16/2015. (Ordered by Judge Jane J Boyle on 12/8/2015) (ykp)
December 8, 2015 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:82. Tue Dec 8 16:11:19 CST 2015 (crt)
December 7, 2015 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:80. Mon Dec 7 10:25:12 CST 2015 (crt)
December 4, 2015 Opinion or Order Filing 81 Order STRIKING #78 Amended Complaint filed by JoAnn Stokes Breitling, Samuel G Breitling. Plaintiffs are instructed that they may file an amended complaint if, and only if, the Court grants their motion for leave to amend. (Ordered by Judge Jane J Boyle on 12/4/2015) (aaa)
December 4, 2015 Opinion or Order Filing 80 ORDER STRIKING AND UNFILING DOCUMENT #77 First Motion for Leave to File First Amended Complaint filed by JoAnn Stokes Breitling, Samuel G Breitling due to the following deficiency: Certificate of conference or inability to confer. See LR 7.1(b) or LCrR 47.1(b). (Ordered by Judge Jane J Boyle on 12/4/2015) (aaa)
December 4, 2015 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:81. Fri Dec 4 15:35:55 CST 2015 (crt)
December 2, 2015 Opinion or Order Filing 79 NOTICE of Revised Constitutional Questions filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
December 1, 2015 Opinion or Order Filing 78 ***DOCUMENT STRICKEN PER #81 *** AMENDED COMPLAINT WITH JURY DEMAND against Codilis & Stawiarski PC, LNV Corporation filed by Samuel G Breitling, JoAnn Stokes Breitling. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Breitling, JoAnn) Modified on 12/4/2015 (aaa).
December 1, 2015 Opinion or Order Filing 77 ***DOCUMENT STRICKEN PER #80 ORDER*** First MOTION for Leave to File First Amended Complaint filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Breitling, JoAnn) Modified on 12/4/2015 (aaa).
November 23, 2015 Opinion or Order Filing 76 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 6-22-15 before Judge Boyle. Court Reporter/Transcriber Todd Anderson, Telephone number 214-753-2170. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public termin If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (33 pages) Redaction Request due 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (jta)
November 16, 2015 Opinion or Order Filing 75 Order Unfiling #74 Plaintiffs First Verified Amended Complaint. Plaintiffs must file an amended complaint that complies with the Courts instructions on or before December 1, 2015. (Ordered by Judge Jane J Boyle on 11/16/2015) (mem)
November 16, 2015 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:75. Mon Nov 16 14:54:19 CST 2015 (crt)
November 13, 2015 Opinion or Order Filing 74 ***STRICKEN PER #75 ORDER*** AMENDED COMPLAINT WITH JURY DEMAND against Codilis & Stawiarski PC, LNV Corporation filed by Samuel G Breitling, JoAnn Stokes Breitling. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Breitling, JoAnn) Modified on 11/17/2015 (jrr).
November 13, 2015 Opinion or Order Filing 73 ELECTRONIC ORDER denying #60 Motion to Vacate (Ordered by Judge Jane J Boyle on 11/13/2015) (Judge Jane J Boyle)
November 13, 2015 Opinion or Order Filing 72 ELECTRONIC ORDER denying #42 Motion Judicial Notice (Ordered by Judge Jane J Boyle on 11/13/2015) (Judge Jane J Boyle)
November 13, 2015 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:72,73. Fri Nov 13 11:40:04 CST 2015 (crt)
October 14, 2015 Opinion or Order Filing 71 ORDER: In the Court's Memorandum Opinion and Order (Doc. #70 ), issued on October 5, 2015, the Court granted Plaintiffs leave to amend their complaint with regard to their civil conspiracy claims. Doc. #70 , Mem. Op. & Order 2122. The Court hereby supplements that Opinion and Order and ORDERS Plaintiffs to amend their complaint as permitted no later than November 13, 2015. (Ordered by Judge Jane J Boyle on 10/14/2015) (tln)
October 14, 2015 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:71. Wed Oct 14 11:36:15 CDT 2015 (crt)
October 6, 2015 Opinion or Order ***Clerk's Notice of delivery: (see NEF for details) Docket No:70. Tue Oct 6 10:57:41 CDT 2015 (crt)
October 5, 2015 Opinion or Order Filing 70 MEMORANDUM OPINION AND ORDER: Defendants' #6 Motion is GRANTED as to the claims under the TDCA, RESPA, and TILA, and the abuse of process, fraud on the court, fraud, criminal conspiracy, civil conspiracy, and quiet title claims. Defendants' Motion is DENIED as to the FDCPA claims. The Court GRANTS Plaintiffs leave to amend their complaint as to the civil conspiracy claims. The Court dismisses Plaintiffs' request for a stay in the state court eviction action as MOOT. (Ordered by Judge Jane J Boyle on 10/5/2015) (bdb)
August 24, 2015 Opinion or Order Filing 69 REPLY filed by JoAnn Stokes Breitling, Samuel G Breitling re: #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings (Breitling, JoAnn) Modified text on 8/25/2015 (anf).
August 21, 2015 Opinion or Order Filing 68 REPLY filed by JoAnn Stokes Breitling, Samuel G Breitling re: #67 Reply (Breitling, JoAnn)
August 19, 2015 Opinion or Order Filing 67 REPLY filed by Codilis & Stawiarski PC re: #56 Reply (Devin, Clayton)
August 12, 2015 Opinion or Order Filing 66 REPLY filed by JoAnn Stokes Breitling, Samuel G Breitling re: #53 Plaintiffs' Clarification and OBJECTION re: #56 Reply (Breitling, JoAnn) Modified text on 8/24/2015 (anf).
August 12, 2015 Opinion or Order Filing 65 RESPONSE AND OBJECTION filed by LNV Corporation re: #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings (Cabrera, Marc)
August 10, 2015 Opinion or Order Filing 64 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #62 Affidavit of Wade Kricken in support of motion to vacate Tillery's void order (Breitling, JoAnn)
August 10, 2015 Opinion or Order Filing 63 AFFIDAVIT re #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings by JoAnn Stokes Breitling, Samuel G Breitling. (Breitling, JoAnn)
August 10, 2015 Opinion or Order Filing 62 AFFIDAVIT re #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings by JoAnn Stokes Breitling, Samuel G Breitling. (Breitling, JoAnn)
August 3, 2015 Opinion or Order Filing 61 AFFIDAVIT re #60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings by JoAnn Stokes Breitling, Samuel G Breitling. (Breitling, JoAnn)
August 3, 2015 Opinion or Order Filing 60 First MOTION to Vacate Judge Tillery's Void Order in LNV v Breitlings filed by JoAnn Stokes Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Breitling, JoAnn)
July 22, 2015 Opinion or Order Filing 59 Amended REPLY filed by JoAnn Stokes Breitling, Samuel G Breitling re: #41 First MOTION to Consolidate Cases directly related and noticed (Breitling, JoAnn) Modified text on 7/23/2015 (anf).
July 22, 2015 Opinion or Order Filing 58 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #55 Reply (Breitling, JoAnn)
July 22, 2015 Opinion or Order Filing 57 ELECTRONIC ORDER: The Court hereby construes Defendant Codilis & Stawiarski, P.C.'s Reply to Plaintiffs' Clarification as to Claims Against Codilis & Stawiarksi, P.C. as a Motion for Summary Judgment under Rule 56 and ORDERS Plaintiffs to file a response by no later than August 12, 2015.(Ordered by Judge Jane J Boyle on 7/22/2015) (chmb)
July 21, 2015 Opinion or Order Filing 56 RESPONSE filed by Codilis & Stawiarski PC re: #53 Plaintiffs' Clarification (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (Devin, Clayton) Modified text on 8/24/2015 (anf).
July 20, 2015 Opinion or Order Filing 55 REPLY filed by JoAnn Stokes Breitling re: #41 First MOTION to Consolidate Cases directly related and noticed (Breitling, JoAnn) Modified link on 7/21/2015 (anf).
July 14, 2015 Opinion or Order Filing 54 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #53 Response/Objection Clarification (Breitling, JoAnn)
July 13, 2015 Opinion or Order Filing 53 Plaintiffs' Clarification as to Claims filed by JoAnn Stokes Breitling, Samuel G Breitling re: #8 Second MOTION for More Definite Statement (Breitling, JoAnn) Modified text on 8/24/2015 (anf).
July 6, 2015 Opinion or Order Filing 52 RESPONSE filed by LNV Corporation re: #41 First MOTION to Consolidate Cases directly related and noticed (Cabrera, Marc)
June 22, 2015 Opinion or Order Filing 51 ELECTRONIC ORDER granting in part and denying in part #33 Plaintiffs' Motion to Dismiss Without Prejudice Defendants MGC Mortgage, Inc. Codilis & Stawiarski, P.C., and Dovenmuehle Mortgage, Inc. The Court hereby GRANTS Plaintiffs' Motion with respect to Defendants MGC Mortgage and Dovenmuehle Mortgage, but concludes that Plaintiffs' claims against these defendants should be dismissed with prejudice. The Court DENIES Plaintiffs' Motion with respect to Defendant Codilis & Stawiarski, P.C. It is therefore ORDERED that Plaintiffs' claims against Defendants MGC Mortgage and Dovenmuehle Mortgage are dismissed with prejudice. (Ordered by Judge Jane J Boyle on 6/22/2015) (chmb)
June 22, 2015 Opinion or Order Filing 50 ELECTRONIC ORDER denying #12 Plaintiffs' Motion for Leave to Amend. Plaintiffs' Motion is hereby DENIED without prejudice to refile once a scheduling order has been issued in the matter. (Ordered by Judge Jane J Boyle on 6/22/2015) (chmb)
June 22, 2015 Opinion or Order Filing 49 ELECTRONIC ORDER: The Court hereby DENIES Plaintiffs' Ex Parte Amended Motion for Remand (doc. 18) as moot in light of the Court's order granting Plaintiff's Motion to Withdraw Motion to Remand (doc. 48). (Ordered by Judge Jane J Boyle on 6/22/2015) (chmb)
June 22, 2015 Opinion or Order Filing 48 ELECTRONIC ORDER granting #45 Plaintiffs' Motion to Withdraw Motion to Remand. The Clerk is hereby ORDERED to remove Plaintiffs' Motion to Remand (doc. 11) from the docket. (Ordered by Judge Jane J Boyle on 6/22/2015) (chmb)
June 22, 2015 Opinion or Order Filing 47 ELECTRONIC ORDER granting #8 Defendant Codilis & Stawiarski, P.C.'s Second Motion for a More Definite Statement. Plaintiffs are hereby ORDERED to submit a more definite statement of the facts and law (i.e., the specific statutory provisions) supporting their claims against Defendant Codilis & Stawiarski, P.C. by no later than Monday, July 13, 2015. (Ordered by Judge Jane J Boyle on 6/22/2015) (chmb)
June 22, 2015 Opinion or Order Filing 46 ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Status Conference held on 6/22/2015. Orders to issue. Attorney Appearances: Plaintiff - JoAnn Stokes Breitling (Pro Se); Defense - Jason L Sanders, Marc Daniel Cabrera, and Clayton E Devin. (Court Reporter: Todd Anderson) (No exhibits) Time in Court - 0:40. (chmb)
June 22, 2015 Opinion or Order Filing 45 First MOTION to Withdraw #11 MOTION to Remand to State Court filed by J.D. Milks filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
June 22, 2015 Opinion or Order Filing 44 NOTICE of Intent filed by JoAnn Stokes Breitling, Samuel G Breitling (Attachments: #1 Affidavit(s) Affidavit of JoAnn Breitling in Support of Notice of Intent) (Breitling, JoAnn)
June 17, 2015 Opinion or Order Filing 43 RESPONSE AND OBJECTION filed by Dovenmuehle Mortgage Inc, MGC Mortgage Inc re: #33 First MOTION to Dismiss MGC, DMI and Codilis & Stawairski (Attachments: #1 Proposed Order Denying Motion to Dismiss Without Prejudice, #2 Proposed Order of Dismissal with Prejudice) (Cabrera, Marc)
June 15, 2015 Opinion or Order Filing 42 Motion for Judicial Notice filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn) Modified to add motion on 6/15/2015 (ctf).
June 15, 2015 Opinion or Order Filing 41 First MOTION to Consolidate Cases directly related and noticed filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn)
June 15, 2015 Opinion or Order Filing 40 NOTICE of Directly Related Cases filed by JoAnn Stokes Breitling, Samuel G Breitling (Breitling, JoAnn) Modified title on 6/15/2015 (ctf).
June 12, 2015 Opinion or Order Filing 39 CERTIFICATE OF SERVICE by JoAnn Stokes Breitling, Samuel G Breitling re #38 Affidavit (Breitling, JoAnn)
June 11, 2015 Opinion or Order Filing 38 AFFIDAVIT re #37 Notice (Other), Supporting Constitutional Questions and other motions for relief by JoAnn Stokes Breitling, Samuel G Breitling. (Breitling, JoAnn)
June 1, 2015 Opinion or Order Filing 37 NOTICE of Constitutional Questions filed by JoAnn Stokes Breitling, Samuel G Breitling (Attachments: #1 Exhibit(s) Exhibit A-1, #2 Exhibit(s) Exhibit A-2, #3 Exhibit(s) Exhibit B-1, #4 Exhibit(s) Exhibit B-2, #5 Exhibit(s) Exhibit C) (Breitling, JoAnn)
June 1, 2015 Opinion or Order Filing 36 ELECTRONIC ORDER: Status Conference set for 6/22/2015 at 10:00 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 6/1/2015) (chmb)
May 28, 2015 Opinion or Order Filing 35 ELECTRONIC ORDER: Status Conference set for Wednesday, June 3, 2015 at 10:00 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Jane J Boyle. (Ordered by Judge Jane J Boyle on 5/28/2015) (chmb)
May 27, 2015 Opinion or Order Filing 34 NOTICE of Related Case LNV Corporation v. Breitlings et al, Civil Cause DC-14-04053 in the Dallas County District Court in the 134th Judicial District filed by Jo Ann Breitling, Samuel G Breitling (Breitling, JoAnn)
May 27, 2015 Opinion or Order Filing 33 First MOTION to Dismiss MGC, DMI and Codilis & Stawairski filed by Jo Ann Breitling, Samuel G Breitling (Attachments: #1 Proposed Order) (Breitling, JoAnn)
May 27, 2015 Opinion or Order Filing 32 RESPONSE AND OBJECTION filed by Jo Ann Breitling, Samuel G Breitling re: #6 MOTION to Dismiss (Attachments: #1 Affidavit(s) In Support of Objection to Dismiss) (Breitling, JoAnn)
May 26, 2015 Opinion or Order Filing 31 OBJECTION filed by Jo Ann Breitling, Samuel G Breitling re: LNV's #27 Reply in Support of Motion to Dismiss and Request to Stay State Court Eviction Proceedings (Received via the court's emergency filing account at 12:03 am.) (lrl)
May 13, 2015 Opinion or Order Filing 30 RESPONSE AND OBJECTION filed by Dovenmuehle Mortgage Inc, LNV Corporation, MGC Mortgage Inc re: #12 MOTION for Leave to File First Amended Complaint. (Attachments: #1 Proposed Order Denying Motion for Leave to Amend) (Cabrera, Marc) Modified text on 5/14/2015 (dsr).
May 13, 2015 Opinion or Order Filing 29 RESPONSE AND OBJECTION filed by Dovenmuehle Mortgage Inc, LNV Corporation, MGC Mortgage Inc re: #11 MOTION to Remand to State Court (Attachments: #1 Proposed Order Denying Motion to Remand) (Cabrera, Marc)
May 11, 2015 Opinion or Order Filing 28 Appendix in Support filed by LNV Corporation, MGC Mortgage Inc re #27 Reply (Attachments: #1 Exhibit(s) A - Security Instrument, #2 Exhibit(s) B - Trustee's Deed) (Cabrera, Marc)
May 11, 2015 Opinion or Order Filing 27 REPLY filed by LNV Corporation, MGC Mortgage Inc re: #6 MOTION to Dismiss (Cabrera, Marc)
April 30, 2015 Opinion or Order Filing 26 OBJECTION filed by Jo Ann Breitling, Samuel G Breitling re: #6 MOTION to Dismiss (Breitling, JoAnn)
April 30, 2015 Opinion or Order Filing 25 ELECTRONIC ORDER granting #24 Motion for Withdrawal of Counsel. Attorney John David Milks is hereby terminated as counsel for Plaintiffs in this matter. Plaintiffs shall have until May 21, 2015 to obtain new counsel and direct such counsel to enter a written notice of appearance on their behalf. Otherwise, the Court will assume that Plaintiffs intend to proceed pro se. (Ordered by Judge Jane J Boyle on 4/30/2015) (chmb)
April 29, 2015 Opinion or Order Filing 24 MOTION to Withdraw as Attorney filed by Jo Ann Breitling, Samuel G Breitling (Milks, John)
April 29, 2015 Opinion or Order Filing 23 ELECTRONIC ORDER denying #22 Motion for Withdrawal of Counsel for failure to comply with the Court's Order dated April 28, 2015. Plaintiffs' Counsel has still not obtained his clients' signatures approving his withdrawal or explained why, after due diligence, he was unable to obtain their signatures. Further non-compliance with a Court order may result in sanctions. (Ordered by Judge Jane J Boyle on 4/29/2015) (chmb)
April 28, 2015 Opinion or Order Filing 22 MOTION to Withdraw as Attorney filed by Jo Ann Breitling, Samuel G Breitling (Milks, John)
April 28, 2015 Opinion or Order Filing 20 ELECTRONIC ORDER denying #19 Motion for Withdraw of Counsel without prejudice to refile. Pursuant to Local Rule 83.12, a motion to withdraw must set forth the name, address, and telephone number of the client and either bear the client's signature approving withdrawal or state specifically why, after due diligence, the attorney was unable to obtain the client's signature. Because Counsel's Motion does not bear his clients' signatures approving withdrawal or state specifically why, after due diligence, he was unable to obtain his clients' signatures, Counsel's Motion in hereby DENIED without prejudice to refile. (Ordered by Judge Jane J Boyle on 4/28/2015) (chmb)
April 27, 2015 Opinion or Order Filing 19 MOTION to Withdraw as Attorney filed by Jo Ann Breitling, Samuel G Breitling (Milks, John)
April 20, 2015 Opinion or Order Filing 17 ELECTRONIC ORDER granting #16 Unopposed Motion to Enlarge Deadlines. Defendants' responses to #11 Plaintiffs' Motion for Remand and #12 Plaintiffs' Motion for Leave to Amend due May 13, 2015. (Ordered by Judge Jane J Boyle on 4/20/2015) (chmb)
April 17, 2015 Opinion or Order Filing 16 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Remand to State Court , #12 MOTION to Amend/Correct #11 MOTION to Remand to State Court MOTION for Leave to File First Amended Complaint filed by Dovenmuehle Mortgage Inc, LNV Corporation, MGC Mortgage Inc (Attachments: #1 Proposed Order Granting Unopposed Motion to Enlarge Deadlines) (Cabrera, Marc)
March 31, 2015 Opinion or Order Filing 15 ELECTRONIC ORDER granting #14 Plaintiff's Unopposed Motion to Extend Deadline to Respond to Motion to Dismiss. Response due by 4/30/2015. (Ordered by Judge Jane J Boyle on 3/31/2015) (chmb)
March 30, 2015 Opinion or Order Filing 14 Unopposed MOTION to Extend Time unopposed filed by Jo Ann Breitling, Samuel G Breitling (Milks, John)
March 27, 2015 Opinion or Order Filing 13 NOTICE of Related Case filed by Jo Ann Breitling, Samuel G Breitling (Milks, John)
March 27, 2015 Opinion or Order Filing 12 MOTION for Leave to File First Amended Complaint filed by Jo Ann Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Milks, John) (Additional attachment(s) added on 3/30/2015: #1 Additional Page(s) Amended Complaint) (aaa). Modified on 3/30/2015 (aaa).
March 27, 2015 Opinion or Order Filing 11 ***WITHDRAWN PER ELECTRONIC ORDER No. 48*** MOTION to Remand to State Court filed by Jo Ann Breitling, Samuel G Breitling with Brief/Memorandum in Support. (Milks, John) Modified on 6/22/2015 (ctf).
March 18, 2015 Opinion or Order Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Codilis & Stawiarski PC. (Devin, Clayton)
March 18, 2015 Opinion or Order Filing 9 Appendix in Support filed by Codilis & Stawiarski PC re #8 Second MOTION for More Definite Statement (Devin, Clayton)
March 18, 2015 Opinion or Order Filing 8 Second MOTION for More Definite Statement filed by Codilis & Stawiarski PC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Devin, Clayton)
March 9, 2015 Opinion or Order Filing 7 Appendix in Support filed by LNV Corporation, MGC Mortgage Inc re #6 MOTION to Dismiss (Attachments: #1 Exhibit(s) 1-8) (Cabrera, Marc)
March 9, 2015 Opinion or Order Filing 6 MOTION to Dismiss filed by LNV Corporation, MGC Mortgage Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Cabrera, Marc)
March 3, 2015 Opinion or Order Filing 5 New Case Notes: A filing fee has been paid. File to Judge Boyle. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (bdb)
March 3, 2015 Opinion or Order Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Dovenmuehle Mortgage Inc, LNV Corporation, MGC Mortgage Inc. (Cabrera, Marc)
March 3, 2015 Opinion or Order Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Dovenmuehle Mortgage Inc, LNV Corporation, MGC Mortgage Inc. (Cabrera, Marc)
March 3, 2015 Opinion or Order Filing 2 NOTICE of Related Case filed by Dovenmuehle Mortgage Inc, LNV Corporation, MGC Mortgage Inc. (Cabrera, Marc)
March 3, 2015 Opinion or Order Filing 1 NOTICE OF REMOVAL from Dallas County District, case number DC-14-09604 filed by MGC Mortgage Inc, Dovenmuehle Mortgage Inc, LNV Corporation. (Filing fee $400; receipt number 0539-6636575) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet A - Civil Cover Sheet and Supplemental Civil Cover Sheet, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) C-1, #5 Exhibit(s) C-2, #6 Exhibit(s) C-3, #7 Exhibit(s) C-4, #8 Exhibit(s) C-5, #9 Exhibit(s) C-6, #10 Exhibit(s) C-7, #11 Exhibit(s) C-8, #12 Exhibit(s) C-9, #13 Exhibit(s) C-10, #14 Exhibit(s) C-11, #15 Exhibit(s) C-12, #16 Exhibit(s) C-13, #17 Exhibit(s) C-14, #18 Exhibit(s) C-15, #19 Exhibit(s) C-16, #20 Exhibit(s) C-17, #21 Exhibit(s) C-18, #22 Exhibit(s) C-19, #23 Exhibit(s) C-20, #24 Exhibit(s) C-21, #25 Exhibit(s) C-22, #26 Exhibit(s) C-23, #27 Exhibit(s) C-24, #28 Exhibit(s) C-25, #29 Exhibit(s) C-26, #30 Exhibit(s) D - Consent to Removal) (Cabrera, Marc)

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Search for this case: Breitling et al v. LNV Corporation et al
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Defendant: LNV Corporation
Represented By: Jason L Sanders
Represented By: Johnathan E Collins
Represented By: Marc Daniel Cabrera
Represented By: Robert T Mowrey
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Defendant: MGC Mortgage Inc
Represented By: Jason L Sanders
Represented By: Marc Daniel Cabrera
Represented By: Robert T Mowrey
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Defendant: Dovenmuehle Mortgage Inc
Represented By: Jason L Sanders
Represented By: Marc Daniel Cabrera
Represented By: Robert T Mowrey
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Defendant: Codilis & Stawiarski PC
Represented By: Clayton E Devin
Represented By: John Rowe Sigety
Represented By: Bryan Gerald Rutherford
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Defendant: Unknown Does 1 to 50
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Plaintiff: Breitling
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Plaintiff: Samuel G Breitling
Represented By: John David Milks
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Plaintiff: JoAnn Stokes Breitling
Represented By: John David Milks
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