Bent et al v. U.S. Bank National Association et al
| Bent, Lydia Bent and Lawrence Hill |
| U.S. Bank National Association, US Bank National Association, Law of Mackie Wolf Zientz & Mann, PC and Blue Mountain Homes LLC |
| 3:2015cv00340 |
| February 3, 2015 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| David C Godbey |
| David L Horan |
| David L Horan |
| All Other Real Property |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 20, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 47 Mail returned as undeliverable. #46 Judgment, #45 Order Accepting/Adopting Findings and Recommendations received back from Lydia Bent as Return to Sender, Moved Left No Address, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (twd) |
Filing 46
FINAL JUDGMENT: Defendants Mackie Wolf Zientz & Mann, P.C. and Mattthew S. Tadlock were improperly joined and are dismissed from this suit. The Court denies Defendants U.S. Bank's Motion for Leave to File Motion for Summary Judgment (Dkt. No. #30 ) without prejudice. (Ordered by Judge David C Godbey on 1/14/2016) (bdb)
|
|
Filing 45
ORDER ACCEPTING #39 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge David C Godbey on 1/14/2016) (bdb)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:45, 46. Thu Jan 14 15:34:23 CST 2016 (crt) |
| Filing 44 Mail returned as undeliverable. #35 Order, received back from Lawrence Hill as Return to Sender, Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ran) |
| Filing 43 Mail returned as undeliverable. 34 Electronic Minute Entry, received back from Lawrence Hill as Return to Sender, Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ran) |
| Filing 42 Mail returned as undeliverable. #29 Order, received back from Lawrence Hill as Return to Sender, Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ran) (Main Document 42 replaced on 1/6/2016) (ran). |
| Filing 41 Mail returned as undeliverable. #33 Order, received back from Lawrence Hill as Return to Sender, Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ran) |
| Filing 40 Mail returned as undeliverable. #32 Order, received back from Lawrence Hill as Return to Sender, Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ran) |
|
Filing 39
Findings and Recommendations on Case: The Court should dismiss Plaintiffs remaining claims against Defendants in this case without prejudice pursuant to FRCP 4(m) and 41(b) and, in light of that dismissal, deny #30 MOTION for Leave to File File Motion For Summary Judgment without prejudice. But, if, within 14 days of the date of this recommendation, Plaintiff responds to the Court's most recent orders, the Court should refer the case back to the undersigned United States magistrate judge for further review. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 12/14/2015) (mcrd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Mon Dec 14 10:48:40 CST 2015 (crt) |
| Filing 38 Mail returned as undeliverable. #35 Order Setting Deadline/Hearing, received back from Lydia Bent as moved left no address, unable to forward, return to sender. No address update from last filed document. The current document has not been re-mailed. (sss) |
| Filing 37 Mail returned as undeliverable. 34 Status Conference, received back from Lydia Bent as moved left no address, unable to forward, return to sender. No address update from last filed document. The current document has not been re-mailed. (sss) |
| Filing 36 Mail returned as undeliverable. #29 Order Setting Status Conference, #33 Order Regarding Service of Process, #32 Order Regarding Status Conference, received back from Lydia Bent as moved left no address; unable to forward. No address update from last filed document. The current document has not been re-mailed. (axm) |
|
Filing 35
ORDER TO SHOW CAUSE AND SETTING RESPONSE DEADLINE: By 12/10/2015, Plaintiff must show good cause in writing for her failure to comply with the Court's 11/20/2015 Order Setting Status Conference [Dkt. No. #29 ]. Plaintiff Lydia Bent must file any response to US Bank National Association's #30 Motion for Leave to File Motion for Summary Judgment by 12/10/2015. (Ordered by Magistrate Judge David L Horan on 12/1/2015) (axm)
|
| Filing 34 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Status Conference held on 12/1/2015. Attorney Appearances: Plaintiff - N/A; Defense - Philip Danaher. (Court Reporter: Digital File) (No exhibits) Time in Court - :05. (mcrd) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Tue Dec 1 10:21:54 CST 2015 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:35. Tue Dec 1 12:21:10 CST 2015 (crt) |
|
Filing 33
ORDER REGARDING SERVICE OF PROCESS: No later than 12/4/2015, Plaintiff must file a valid return of service as to Defendant Blue Mountain Homes, LLC or show good cause in writing for why service has not been made, or this action will be subject to dismissal w/out prejudice against Defendant Blue Mountain Homes, LLC w/out further notice for failure to prosecute. (Ordered by Magistrate Judge David L Horan on 11/25/2015) (mcrd)
|
|
Filing 32
ORDER REGARDING STATUS CONFERENCE: Defendant has filed a Motion for Leave to File Motion for Summary Judgment[Dkt. No. 30]. Defendant's counsel and Plaintiff should be prepared to discuss this motion at the status conference set for December 1, 2015 at 10:00 a.m. (Ordered by Magistrate Judge David L Horan on 11/25/2015) (mcrd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Wed Nov 25 09:28:19 CST 2015 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:33. Wed Nov 25 10:08:05 CST 2015 (crt) |
| Filing 31 Brief/Memorandum in Support filed by US Bank National Association re #30 MOTION for Leave to File File Motion For Summary Judgment (Attachments: #1 Proposed Order) (Danaher, Philip) |
| Filing 30 MOTION for Leave to File Motion For Summary Judgment filed by US Bank National Association with Brief/Memorandum in Support. (Danaher, Philip) |
|
Filing 29
ORDER SETTING STATUS CONFERENCE: Status Conference set for 12/1/2015 10:00 AM before Magistrate Judge David L Horan. (Ordered by Magistrate Judge David L Horan on 11/20/2015) (mcrd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:29. Fri Nov 20 09:42:58 CST 2015 (crt) |
|
Filing 28
Order: As of this date, Plaintiff Lydia Bent has filed no amended complaint. Therefore, Plaintiff Lydia Bent's claims against Defendants U.S. Bank National Association and Blue Mountain Homes, LLC for wrongful foreclosure are hereby dismissed with prejudice. (Ordered by Judge David C Godbey on 6/26/2015) (jrr)
|
| Filing 27 Designation of Experts by US Bank National Association. (Cronenwett, Mark) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:28. Fri Jun 26 16:08:46 CDT 2015 (crt) |
| Filing 26 ANSWER to Complaint filed by US Bank National Association. 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. (Cronenwett, Mark) |
|
Filing 25
ORDER ACCEPTING #22 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: After making an independent review of the pleadings, files, and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated 5/8/2015, the Court finds that the Findings Conclusions, and Recommendation of the Magistrate Judge are correct and they are accepted as the Findings, Conclusions, and Recommendation of the Court. IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. (Ordered by Judge David C Godbey on 5/29/2015) (bdb)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:25. Fri May 29 16:43:59 CDT 2015 (crt) |
| Filing 24 Brief/Memorandum in Support filed by US Bank National Association re #23 Response/Objection (Danaher, Philip) |
| Filing 23 OBJECTION filed by US Bank National Association re: #22 Findings and Recommendations on Motion re: #10 Motion to Dismiss filed by US Bank National Association. (Attachments: #1 Proposed Order) (Danaher, Philip) |
|
Filing 22
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant U.S. Bank's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) [Dkt. No. #10 ] should be granted in part and denied in part. (Ordered by Magistrate Judge David L Horan on 5/8/2015) (ctf)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Fri May 8 14:34:11 CDT 2015 (crt) |
|
Filing 21
INTERLOCUTORY JUDGMENT: IT IS ORDERED, ADJUDGED, and DECREED that Defendants Mackie Wolf Zientz & Mann, LLC and Matthew S. Tadlock are DISMISSED with prejudice. (Ordered by Judge David C Godbey on 4/27/2015) (ctf)
|
|
Filing 20
ORDER ACCEPTING #16 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge David C Godbey on 4/27/2015) (ctf)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20, 21. Mon Apr 27 15:00:18 CDT 2015 (crt) |
|
Filing 19
INITIAL SCHEDULING ORDER: Amended Pleadings due by 5/6/2015. Discovery due by 10/19/2015. Joinder of Parties due by 5/6/2015. Dispositive Motions due by 11/18/2015. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 4/23/2015) (mcrd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Thu Apr 23 15:57:13 CDT 2015 (crt) |
| Filing 18 Proposal for contents of scheduling and discovery order by US Bank National Association. (Cronenwett, Mark) |
| Filing 17 NOTICE of No Response re: #10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12b6 filed by US Bank National Association (Danaher, Philip) |
|
Filing 16
Findings and Recommendations on Case: The undersigned concludes that Defendants Mackie Wolf Zientz & Mann, P.C. and Mattthew S. Tadlock were improperly joined and should be dismissed, and that, with the dismissal of Defendants Mackie Wolf Zientz & Mann, P.C. and Matthew S. Tadlock, complete diversity of citizenship exists, and the Court has subject matter jurisdiction over this action under 28 U.S.C. 1332. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 3/30/2015) (mcrd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Mon Mar 30 13:32:10 CDT 2015 (crt) |
|
Filing 15
ELECTRONIC ORDER granting #14 Defendant's Motion for Extend Time to File Joint Status Report and Scheduling Recommendations. For good cause shown, the Court MODIFIES its February 4, 2015 Order Requiring Conference and Joint Status Report #5 to provide that the parties must, as required by the Order Requiring Conference and Joint Status Report #5 , confer in person or by telephone and submit the required joint status report and proposed scheduling plan by April 20, 2015. (Ordered by Magistrate Judge David L. Horan on 3/20/2015.)
|
| Filing 14 MOTION for Extension of Time to File File Joint Status Report and Scheduling Recommendations filed by US Bank National Association (Attachments: #1 Proposed Order) (Cronenwett, Mark) |
|
Filing 13
ORDER SETTING BRIEFING SCHEDULE: Responses due by 3/26/2015 re: #10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12b6. Replies due by 4/10/2015. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 2/25/2015) (mcrd)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Wed Feb 25 11:06:56 CST 2015 (crt) |
| Filing 12 Appendix in Support filed by US Bank National Association re #10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12b6 (Attachments: #1 Exhibit(s)) (Cronenwett, Mark) |
| Filing 11 Brief/Memorandum in Support filed by US Bank National Association re #10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12b6 (Cronenwett, Mark) |
| Filing 10 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12b6 filed by US Bank National Association. (Attachments: #1 Proposed Order) (Cronenwett, Mark) Modified text on 2/25/2015 (awc). |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Wed Feb 11 13:46:26 CST 2015 (crt) |
|
Filing 9
ORDER granting #8 Motion to Extend Time to File Response/Reply. It is ordered that the deadline for defendant to respond to plaintiff's original petition is hereby extended to 2/24/15. (Ordered by Magistrate Judge David L Horan on 2/10/2015) (mcrd)
|
| Filing 8 MOTION for Extension of Time to File Response/Reply to #1 Notice of Removal, filed by US Bank National Association (Attachments: #1 Proposed Order) (Cronenwett, Mark) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5,6,7. Thu Feb 5 10:40:55 CST 2015 (crt) |
|
Filing 7
STANDING ORDER ON NON-DISPOSITIVE MOTIONS: This order governs the filing and disposition of all discovery-related motions, pleading disputes, and other non-dispositive motions in this case. (Ordered by Magistrate Judge David L Horan on 2/4/2015) (tlm)
|
|
Filing 6
ORDER REQUIRING JURISDICTIONAL BRIEFING: Plaintiffs are ORDERED to file a brief by 2/26/2015, explaining whether, as U.S. Bank argues in its Notice of Removal #1 , Defendants Mackie Wolf Zientz & Mann, P.C. and Matthew S. Tadlock were improperly joined and should be dismissed from this lawsuit. The brief shall not exceed 20 pages in length, excluding the table of contents and table of authorities. Defendants are invited to file a response brief of no more than 10 pages by 3/12/2015. (Ordered by Magistrate Judge David L Horan on 2/4/2015) (tlm)
|
|
Filing 5
ORDER REQUIRING CONFERENCE AND JOINT STATUS REPORT: Plaintiff's counsel and Defendant's counsel shall confer in person or by telephone not later than 2/27/2015. Joint Status Report and Proposed Scheduling Plan. The parties shall submit a joint status report and proposed scheduling plan by 3/19/2015. (Ordered by Magistrate Judge David L Horan on 2/4/2015) (tlm)
|
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Wed Feb 4 09:41:41 CST 2015 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (tlm) |
| Filing 3 New Case Notes: A filing fee has been paid. File to Judge Horan. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) 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. (tlm) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by U.S. Bank National Association, as Trustee. (Cronenwett, Mark) |
| Filing 1 NOTICE OF REMOVAL from County Court at Law No. 3, Dallas County, case number CC-15-00009-C filed by U.S. Bank National Association, as Trustee. (Filing fee $400; receipt number 0539-6577670) 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 Exhibit(s), #2 Cover Sheet, #3 Cover Sheet Supplement) (Cronenwett, Mark) |
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 Northern 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.
