Santiago et al v. The Bank of New York Mellon et al
| Luis A. Santiago and Linda A. Santiago |
| Ocwen Loan Servicing, LLC and The Bank of New York Mellon |
| 4:2018cv00533 |
| July 31, 2018 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Collin |
| Amos L Mazzant |
| Christine A Nowak |
| Real Property: Other |
| 28 U.S.C. § 1345 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 SUR-REPLY to Reply to Response to Motion re #30 MOTION to Dismiss Plaintiffs' First Amended Original Complaint and Brief in Support filed by Linda A. Santiago. (Kricken, Wade) |
| Filing 33 REPLY to Response to Motion re #30 MOTION to Dismiss Plaintiffs' First Amended Original Complaint and Brief in Support filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon. (Shiels, Nicola) |
| Filing 32 RESPONSE in Opposition re #30 MOTION to Dismiss Plaintiffs' First Amended Original Complaint and Brief in Support filed by Linda A. Santiago. (Attachments: #1 Text of Proposed Order)(Kricken, Wade) |
Filing 31
ORDER denying as moot #3 MOTION for Preliminary Injunction filed by Linda A. Santiago, Luis A. Santiago, #2 MOTION for Temporary Restraining Order filed by Linda A. Santiago, Luis A. Santiago. IT IS FURTHER ORDERED that the Magistrate Judge's Report and Recommendation (Dkt. #19) is neither adopted, nor rejected. This case remains referred to the Magistrate Judge for pretrial proceedings, and specifically, for a report and recommendation on the pending Motion to Dismiss (Dkt. #30). Signed by District Judge Amos L. Mazzant, III on 9/12/2018. (daj, )
|
| Filing 30 MOTION to Dismiss Plaintiffs' First Amended Original Complaint and Brief in Support by Ocwen Loan Servicing, LLC, The Bank of New York Mellon. (Shiels, Nicola) (Additional attachment(s) added on 9/4/2018: #1 Text of Proposed Order) (daj, ). |
| Filing 29 REPLY to #28 Response to Non-Motion Reply to Defendants Response to Specific Written Objections to the Report and Recommendation of the Magistrate Judges findings [Dkt. 28] by Linda A. Santiago. (Kricken, Wade) Modified on 8/30/2018 (daj, ). |
| Filing 28 RESPONSE to #24 OBJECTION to Report and Recommendations filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon. (Shiels, Nicola) Modified on 8/30/2018 (daj, ). |
| Filing 27 ACKNOWLEDGMENT OF RECEIPT by Luis A. Santiago as to #19 Report and Recommendations. (rpc, ) |
| Filing 26 AMENDED COMPLAINT First Amended Original Complaint against All Defendants, filed by Linda A. Santiago. (Attachments: #1 Exhibit Texas Home Equity Security Instrument, #2 Exhibit Texas Home Equity Affidavit & Agreement, #3 Exhibit Notice of Foreclosure Linda, #4 Exhibit Notice of Foreclosure Luis, #5 Exhibit Warranty Deed of April 5, 1999, #6 Exhibit Docket Sheet/Register of Actions 296-02073-2011, #7 Exhibit Docket Sheet/Register of Actions 296-01232-2015, #8 Exhibit Docket Sheet/Register of Actions 296-007849-2016, #9 Exhibit Docket Sheet/Register of Actions 05-17-00144-cv, #10 Exhibit Defendants Motion to Clarify the Agreed Order, #11 Exhibit Defendants First Amended Motion for Final Summary Judgment)(Kricken, Wade) |
| NOTICE of Deficiency regarding Document #25 - Plaintiff's First Amended Original Complaint submitted by Linda A. Santiago. Exhibits not properly identified with specificity in compliance with Local Rule CV-5(a)6. Correction should be made by one business day. (daj, ) |
| Filing 25 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***AMENDED COMPLAINT against All Defendants, filed by Linda A. Santiago. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Kricken, Wade) Modified on 8/20/2018 (daj, ). |
| Filing 24 OBJECTION to #19 Report and Recommendations by Linda A. Santiago. (Kricken, Wade) |
| ***FILED IN ERROR. ATTORNEY MUST REFILE. Document # 23, APPEAL OF MAGISTRATE JUDGE DECISION. PLEASE IGNORE.*** (daj, ) |
| Filing 23 ***DEFICIENT DOCUMENT - ATTORNEY MUST REFILE***APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Linda A. Santiago re #19 Report and Recommendations, (Kricken, Wade) Modified on 8/16/2018 (daj, ). |
|
Filing 22
ORDER granting #21 Defendants' Unopposed Motion to Substitute Counsel. Attorney Mark Douglas Cronenwett terminated. ORDERED that attorneys Robert T. Mowrey, Arthur E. Anthony, and Nicola M. Shiels of Locke Lord LLP shall be, and the same hereby are, SUBSTITUTED as counsel of record for Defendants. Signed by Magistrate Judge Christine A. Nowak on 8/8/2018. (daj, )
|
| Filing 21 Unopposed MOTION to Substitute Attorney by Ocwen Loan Servicing, LLC, The Bank of New York Mellon. (Attachments: #1 Text of Proposed Order Granting Defendants' Unopposed Motion to Substitute Counsel)(Shiels, Nicola) |
|
Filing 20
ORDER granting in part and denying in part #16 Motion to File Using the Court's Case Management/Electronic Case Filing System. ORDERED that the Clerk of Court shall add Plaintiff's email address: lu@suntemps.com to the electronic service list. It is further ORDERED that the addition of Plaintiff's email address to the electronic list in no way allows him to file electronically and/or entitles him to a user ID and access to the Electronic Filing System. Signed by Magistrate Judge Christine A. Nowak on 8/7/2018. (daj, )
|
|
Filing 19
REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, re #2 MOTION for Temporary Restraining Order filed by Linda A. Santiago, Luis A. Santiago. The Court recommends that Plaintiffs' Motion for Temporary Restraining Order [Dkt. 2] be DENIED. Signed by Magistrate Judge Christine A. Nowak on 8/6/2018. (kls, )
|
| Filing 18 Minute Entry for proceedings held before Magistrate Judge Christine A. Nowak: Motion Hearing held on 8/6/2018 re #2 MOTION for Temporary Restraining Order filed by Linda A. Santiago, Luis A. Santiago. Case called at 11:27 a.m. Court hears argument and confirms timeline of events. Court recessed at 12:31 p.m. Case recalled at 1:54 p.m. Court hears argument from the parties. A formal report and recommendation will issue shortly. Court adjourned at 2:03 p.m. (Court Reporter Digital Recording.) (kls, ) (Additional attachment(s) added on 8/23/2018: #1 Plaintiff's Exhibit 1, #2 Plaintiff's Exhibit 2, #3 Defendant's Exhibit 1, #4 Defendant's Exhibit 2, #5 Defendant's Exhibit 3, #6 Defendant's Exhibit 4) (kls, ). |
| Filing 17 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction, #2 MOTION for Temporary Restraining Order filed by Linda A. Santiago. (Kricken, Wade) |
| Filing 16 MOTION to File Using the Court's Case Management/Electronic Case Filing System by Luis A. Santiago. (baf, ) |
| Filing 15 Additional Attachments to Main Document: #8 Response to Motion,.. (Cronenwett, Mark) |
| Filing 14 NOTICE of Attorney Appearance by Robert T Mowrey on behalf of Ocwen Loan Servicing, LLC, The Bank of New York Mellon (Mowrey, Robert) |
| Filing 13 NOTICE of Attorney Appearance by Nicola Marie Shiels on behalf of Ocwen Loan Servicing, LLC, The Bank of New York Mellon (Shiels, Nicola) |
| Filing 12 NOTICE of Attorney Appearance by Arthur Elex Anthony on behalf of Ocwen Loan Servicing, LLC, The Bank of New York Mellon (Anthony, Arthur) |
|
Filing 11
ORDER SETTING HEARING on Motion #2 MOTION for Temporary Restraining Order and Preliminary Injunction: ORDERED that a hearing on this matter is set before United States Magistrate Judge Christine A. Nowak, United States Courthouse Annex, 200 North Travis Street, Mezzanine Level, Sherman, Texas on Monday, August 6, 2018 at 11:00 a.m.. Signed by Magistrate Judge Christine A. Nowak on 8/2/2018. (daj, )
|
| Filing 10 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction, #2 MOTION for Temporary Restraining Order filed by Linda A. Santiago. (Kricken, Wade) |
| Filing 9 NOTICE by Linda A. Santiago re #7 Order, (Kricken, Wade) |
| Filing 8 RESPONSE to Motion re #2 MOTION for Temporary Restraining Order, #3 MOTION for Preliminary Injunction filed by Ocwen Loan Servicing, LLC, The Bank of New York Mellon. (Attachments: #1 Exhibit Declaration, #2 Exhibit Order, #3 Exhibit Amended Complaint, #4 Exhibit Counterclaim, #5 Text of Proposed Order)(Cronenwett, Mark) |
|
Filing 7
ORDER DIRECTING PLAINTIFF TO MEET AND CONFER. The Court directs counsel for Plaintiffs to substantively meet and confer with counsel for Defendant(s) today, August 1, 2018, concerning the pending motions and file a notice with the Court of the results of such conference before close of business. Signed by Magistrate Judge Christine A. Nowak on 8/1/2018. (daj, )
|
| Filing fee: $ 400.00, receipt number TXE100016876 (daj, ) |
| Filing 6 SUMMONS Issued as to Ocwen Loan Servicing, LLC. (baf, ) |
| Filing 5 SUMMONS Issued as to The Bank of New York Mellon. (baf, ) |
| Filing 4 Case ASSIGNED to District Judge Amos L. Mazzant, III and REFERRED to Magistrate Judge Christine A. Nowak. (Attachments: #1 Magistrate Referral) (baf, ) |
| Filing 3 MOTION for Preliminary Injunction by Linda A. Santiago, Luis A. Santiago. (Attachments: #1 Text of Proposed Order)(baf, ) |
| Filing 2 MOTION for Temporary Restraining Order by Linda A. Santiago, Luis A. Santiago. (Attachments: #1 Text of Proposed Order)(baf, ) |
| Filing 1 COMPLAINT against Ocwen Loan Servicing, LLC, The Bank of New York Mellon, filed by Luis A. Santiago, Linda A. Santiago. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet)(baf, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
