Bashore et al v. Bank of America Corporation et al
Plaintiff: Matthew Gregory Bashore, II and Angela Christine Bashore
Defendant: Experian Information Solutions, Inc., TransUnion L.L.C., National Default Exchange, LP, Litton Loan Servicing, LLP, Dyck-O'Neal, Inc., Travelers Casualty & Surety Company of America, Bank of America Corporation, Countrywide Home Loans, Mortgage Electronic Registration Systems, Inc. and Barrett Daffin Frappier Turner & Engel, LLP
Case Number: 4:2011cv00093
Filed: February 24, 2011
Court: US District Court for the Eastern District of Texas
Office: Sherman Office
County: Denton
Presiding Judge: Don D. Bush
Presiding Judge: Richard A. Schell
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 30, 2012 Opinion or Order Filing 122 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE granted in part and denied in part re: 116 Motion to Dismiss Plaintiffs' First Amended Complaint, filed by Barrett Daffin Frappier Turner & Engel, LLP, National De fault Exchange, LP,; granted in part and denied in part 76 Motion to Dismiss filed by Litton Loan Servicing, LLP; granting in part and denied in part 77 Motion to Dismiss Plaintiffs' First Amended Complaint filed by Travelers Casualty & Sure ty Company of America, Dyck-O'Neal, Inc.; granting in part and denying in part 91 Motion to Dismiss filed by Mortgage Electronic Registration Systems, Inc.; granting in part and denying in part 92 Motion to Dismiss filed by Countrywide Home Loans, Bank of America Corporation. Plaintiffs claims regarding the validity of the mortgage documents, Plaintiffs TDCA claims against Defendants Litton and BOA/CW, all claims against Defendants BDFTE, National Default Exchange, LP. and Travelers, a nd Plaintiffs' fraud and DTPA claims against all Defendants are dismissed for failure to state a claim. Plaintiffs claims of wrongful foreclosure based on lack of proper notice of the foreclosure sale, TDCA violations against Defendant Dyck ONe al, and Fair Credit Reporting Act violations against Defendants CW/BOA, Litton and Dyck ONeal shall remain, and within ten (10) days of the date of this Order, Plaintiffs are directed to file an amended complaint accordingly. Additionally, within fifteen (15) days of the date of this Order, the parties are directed to submit a proposed scheduling order to govern the remaining claims and deadlines in this case. Signed by Judge Richard A. Schell on 3/30/2012. (kls, )
February 27, 2012 Opinion or Order Filing 119 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 116 MOTION to Dismiss First Amended Complaint filed by Barrett Daffin Frappier Turner & Engel, LLP, National Default Exchange, LP, 76 Amended MOTION to Dismiss filed by Litton Loan Servicing, LLP, 77 Second MOTION to Dismiss filed by Travelers Casualty & Surety Company of America, Dyck-O'Neal, Inc., 91 MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim filed by Mortgage Electr onic Registration Systems, Inc., 92 MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim filed by Countrywide Home Loans, Bank of America Corporation. Therefore, as set forth fully above and having given the def erence to pro se Plaintiffs that is required in this Circuit, the Court finds that Defendant Litton Loan Servicing, LP's Amended Motion to Dismiss (Dkt. 76), Dyck ONeal, Inc. And Travelers Casualty & Surety Company's Motion to Dismiss Plain tiffs First Amended Complaint Under FRCP 12(b)(6) (Dkt. 77), Defendant Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss Plaintiffs' First Amended Complaint (Dkt. 91), Defendants Bank of America Corporation and Countrywide Home Loans, Inc.'s Motion to Dismiss Plaintiffs' First Amended Complaint (Dkt. 92), and Defendants Barrett Daffin Frappier Turner & Engel, LLP's and National Default Exchange, LP's Motion to Dismiss Plaintiffs' First Amended Complaint (Dkt. 116) should be GRANTED in part and DENIED in part. Signed by Magistrate Judge Don D. Bush on 2/27/2012. (kls, )
June 23, 2011 Opinion or Order Filing 112 ORDER ADOPTING REPORT AND RECOMMENDATIONS 25 therefore, Plaintiff's Verified application for temporary restraining order and request for temporary and permanent injunction and Plaintiff's first amended verified application for temporary restraining order and request for temporary and permanent injunctive relief are DENIED. Signed by Judge Richard A. Schell on 06/23/2011. (lhj, )
March 24, 2011 Opinion or Order Filing 25 REPORT AND RECOMMENDATIONS re MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by Matthew Gregory Bashore, II, Angela Christine Bashore. Plaintiff's motion should be DENIED. Signed by Magistrate Judge Don D. Bush on 03/24/2011. (lhj, )
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Defendant: Experian Information Solutions, Inc.
Represented By: Sean Hudson McCarthy
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Defendant: TransUnion L.L.C.
Represented By: Jennifer Elizabeth Hawkinson
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Defendant: National Default Exchange, LP
Represented By: Mark Daniel Hopkins
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Defendant: Litton Loan Servicing, LLP
Represented By: Daron L Janis
Represented By: Thomas George Yoxall
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Defendant: Dyck-O'Neal, Inc.
Represented By: Emery Clark Shannon
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Defendant: Travelers Casualty & Surety Company of America
Represented By: Emery Clark Shannon
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Defendant: Bank of America Corporation
Represented By: Michael John McKleroy, Jr
Represented By: Elizabeth Mazzarella
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Defendant: Countrywide Home Loans
Represented By: Michael John McKleroy, Jr
Represented By: Elizabeth Mazzarella
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Defendant: Mortgage Electronic Registration Systems, Inc.
Represented By: Michael John McKleroy, Jr
Represented By: Elizabeth Mazzarella
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Defendant: Barrett Daffin Frappier Turner & Engel, LLP
Represented By: Mark Daniel Hopkins
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Plaintiff: Matthew Gregory Bashore, II
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Plaintiff: Angela Christine Bashore
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