Beard et al v. The Bank of New York Mellon as Indenture Trustee for WIMC Capital Trust 2011-1 et al
Plaintiff: Dover Beard and Sarah Beard
Defendant: RAS Crane LLC, Ditech Financial LLC and The Bank of New York Mellon as Indenture Trustee for WIMC Capital Trust 2011-1
Case Number: 1:2019cv00600
Filed: November 25, 2019
Court: US District Court for the Eastern District of Texas
Presiding Judge: Michael J Truncale
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2020 Filing 19 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Remand by Ditech Financial LLC, The Bank of New York Mellon as Indenture Trustee for WIMC Capital Trust 2011-1. (Attachments: #1 Text of Proposed Order)(Smith, Sam)
January 9, 2020 Opinion or Order Filing 18 SCHEDULING ORDER: Final Pretrial Conference is set for 10/1/2020 at 9:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Amended Pleadings due by 4/2/2020. Discovery due by 7/23/2020. Bench trial set for 10/5/20 at 9:00 a.m. Signed by District Judge Michael J. Truncale on 1/9/20. (mrp, )
January 9, 2020 Minute Entry for proceedings held before District Judge Michael J. Truncale: Case Management Conference held on 1/9/2020. Attorneys present - Pltf: Curtis Leister, Wyatt Snider, Deft: Melissa Gutierrez. Court will enter scheduling order. (jmv, )
January 8, 2020 Opinion or Order Filing 17 ORDER granting #12 Motion for Extension of Time to File Response to #3 Defendant's Motion to Dismiss. Plaintiff's deadline to respond is 1/31/20. Signed by District Judge Michael J. Truncale on 1/7/20. (mrp, )
January 8, 2020 Opinion or Order Filing 16 ORDER granting #13 Motion for Extension of Time to File Response to Plaintiff's Motion to Remand. It is ordered that Defendants' deadline to respond to Plaintiff's Motion to Remand is 1/23/20. Signed by District Judge Michael J. Truncale on 1/7/20. (mrp, )
January 8, 2020 Opinion or Order Filing 15 ORDER denying #14 Motion to Continue the Case Management Conference. Signed by District Judge Michael J. Truncale on 1/7/20. (mrp, )
January 6, 2020 Filing 14 Unopposed MOTION to Continue by Ditech Financial LLC. (Attachments: #1 Text of Proposed Order)(Gutierrez, Melissa)
January 6, 2020 Filing 13 Joint MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Remand by Ditech Financial LLC. (Attachments: #1 Text of Proposed Order)(Smith, Sam)
January 3, 2020 Filing 12 Second MOTION for Extension of Time to File Plaintiffs' Response to Motion to Dismiss by Dover Beard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Leister, Curtis)
December 30, 2019 Filing 11 STATUS REPORT Joint Conference Report by Ditech Financial LLC. (Smith, Sam) (Additional attachment(s) added on 1/2/2020: #1 Proposed Scheduling Order Deadlines) (bjc, ).
December 27, 2019 Filing 10 NOTICE of Attorney Appearance by Wyatt David Snider on behalf of All Plaintiffs (Snider, Wyatt)
December 26, 2019 Filing 9 CORPORATE DISCLOSURE STATEMENT filed by Ditech Financial LLC, The Bank of New York Mellon as Indenture Trustee for WIMC Capital Trust 2011-1 identifying Corporate Parent Ditech Holding Corporation for Ditech Financial LLC. (Smith, Sam)
December 26, 2019 Filing 8 MOTION to Remand by Dover Beard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Leister, Curtis)
December 23, 2019 ***FILED IN ERROR. Document # 7, Plaintiff's Motion for Remand. PLEASE IGNORE. Attorney to Refile*** (bmf)
December 23, 2019 Filing 7 FILING ERROR. Please ignore the attached motion as it is not in compliance with Local Rules CV 5 & 7(a). Attorney to Refile MOTION to Remand by Dover Beard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Werner, John) Modified on 12/26/2019 (bmf).
December 17, 2019 Opinion or Order Filing 6 ORDER granting #4 Motion for Extension of Time to File Response. Plaintiffs deadline to Respond to Defendants' Motion to Dismiss is 1/6/20. Signed by District Judge Michael J. Truncale on 12/17/19. (mrp, )
December 17, 2019 Filing 5 NOTICE by Ditech Financial LLC Notice of Bankruptcy Status and The Entry of a Confirmation Order that Discharges and Enjoins Claims Against Ditech Financial, LLC Arising on or before September 26, 2019 (Smith, Sam)
December 12, 2019 Filing 4 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss of Defendants The Bank of New York Mellon, as INdenture Trustee, for WIMC Capital Trust 2011-1, Ditech Financial, LLC by Dover Beard. (Attachments: #1 Exhibit A)(Werner, John) (Additional attachment(s) added on 12/13/2019: #2 Text of Proposed Order) (mrp, ).
December 2, 2019 Filing 3 MOTION to Dismiss by Ditech Financial LLC. (Attachments: #1 Text of Proposed Order)(Smith, Sam)
November 27, 2019 Opinion or Order Filing 2 ORDER Setting Civil Action for Rule 16 Management Conference for 1/9/2020 at 10:00 AM in Suite 221, Jack Brooks Federal Building, before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 11/27/2019. (bmf, )
November 25, 2019 Case Assigned to District Judge Michael J. Truncale. (aam, )
November 25, 2019 Filing 1 NOTICE OF REMOVAL by Ditech Financial LLC from 128th Judicial District of Orange County, Texas, case number A190457C. (Filing fee $ 400 receipt number 0540-7544210), filed by Ditech Financial LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit B)(Smith, Sam)

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Defendant: RAS Crane LLC
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Defendant: Ditech Financial LLC
Represented By: Sam David Smith
Represented By: Melissa Sue Gutierrez
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Defendant: The Bank of New York Mellon as Indenture Trustee for WIMC Capital Trust 2011-1
Represented By: Sam David Smith
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Plaintiff: Dover Beard
Represented By: Curtis Wynne Leister
Represented By: John Gerard Werner
Represented By: Wyatt David Snider
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Plaintiff: Sarah Beard
Represented By: Curtis Wynne Leister
Represented By: Wyatt David Snider
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