Gardner et al v. Specialized Loan Servicing LLC et al
| Patricia Renee Gardner and Reginald Elam |
| Shapiro Schwartz LLP, Specialized Loan Servicing LLC and Deutsche Bank National Trust |
| 3:2019cv01391 |
| June 11, 2019 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Karen Gren Scholer |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on November 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 10 Brief/Memorandum in Support filed by Deutsche Bank National Trust, Shapiro Schwartz LLP, Specialized Loan Servicing LLC re #9 Suggestion of Bankruptcy (Burks, H) |
| Filing 9 SUGGESTION OF BANKRUPTCY Upon the Record as to Patricia Renee Gardner by Deutsche Bank National Trust, Shapiro Schwartz LLP, Specialized Loan Servicing LLC. (Burks, H) |
Filing 8
ELECTRONIC ORDER: Defendants Specialized Loan Servicing LLC and Deutsche Bank National Trust Company as Trustee for HSI Asset Corporation Trust 2006-HE1, Mortgage Pass-Through Certificates, Series 2006-HE1, have filed a Suggestion of Bankruptcy #7 reporting that Plaintiff Patricia Renee Gardner filed a Voluntary Petition under Chapter 13 of the United States Bankruptcy Code on August 5, 2019 in the United States Bankruptcy Court for the Northern District of Texas, Case No. 19-32605-sgj13 and asserting that, pursuant to 11 U.S.C. 362, all further proceedings in this matter are automatically stayed. The parties are directed to each file a supplemental brief by August 27, 2019, setting forth their views on whether any automatic stay applies to claims brought by, and not against, a debtor or a debtor's co-plaintiff. See, e.g., Jorrie v. Bank of N.Y. Mellon Trust Co., N.A., 740 F. App'x 809, 812 & n.2 (5th Cir. 2018). (Ordered by Magistrate Judge David L. Horan on 8/13/2019.)
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| Filing 7 SUGGESTION OF BANKRUPTCY Upon the Record as to Plaintiff Patricia Renee Gardner by Deutsche Bank National Trust, Specialized Loan Servicing LLC. (Attachments: #1 Exhibit(s) A-Bankruptcy Petition) (Reeves, Philip) |
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Filing 6
ORDER REQUIRING BRIEFING ON IMPROPER JOINDER: Plaintiffs Patricia Renee Gardner and Reginald Elam are ORDERED to file a brief by July 12, 2019 explaining whether, as Defendants assert in their Notice of Removal, Shapiro Schwartz, LLP was improperly joined and, if so, should be dismissed from this lawsuit and whether subject matter jurisdiction therefore exists based on the complete diversity between any remaining, properly joined parties. Defendants is invited to file a response brief of no more than 10 pages by July 29, 2019. (Ordered by Magistrate Judge David L. Horan on 6/13/2019) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 6. Thu Jun 13 13:31:34 CDT 2019 (crt) |
| Filing 5 NOTICE of Designation of Local Counsel filed by Deutsche Bank National Trust, Specialized Loan Servicing LLC (Reeves, Philip) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Deutsche Bank National Trust, Specialized Loan Servicing LLC identifying Corporate Parent/Other Affiliate Deutsche Bank Trust Corporation, Corporate Parent/Other Affiliate Deutsche Bank Corporation for Deutsche Bank National Trust; Corporate Parent/Other Affiliate Computershare Limited for Specialized Loan Servicing LLC. (Reeves, Philip) |
| Filing 3 Notice and Instruction to Pro Se Party. (zkc) |
| Filing 2 New Case Notes: A filing fee has been paid. 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. (zkc) |
| Filing 1 NOTICE OF REMOVAL from 193rd Judicial District Court, Dallas County, TX, case number DC-19-06695 filed by Deutsche Bank National Trust Company, Specialized Loan Servicing LLC. (Filing fee $400; receipt number 0539-10042603) 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) 1-Petition, #2 Exhibit(s) 2-Docket Sheet, #3 Exhibit(s) 3-Return of Service, #4 Exhibit(s) 4-Return of Service, #5 Exhibit(s) 5-Return of Service, #6 Exhibit(s) 6-Answer, #7 Exhibit(s) 7-Tax Statement, #8 Cover Sheet, #9 Cover Sheet Supplement) (Reeves, Philip) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 2, 3. Tue Jun 11 10:14:30 CDT 2019 (crt) |
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