Crear v. Long Beach Bank Mortgage et al
| Steven Crear |
| Long Beach Bank Mortgage, J. P. Morgan Chase Bank N.A., Washington Mutual Bank Mortgage Securities and JP Morgan Chase Bank NA |
| 3:2019cv02255 |
| September 20, 2019 |
| US District Court for the Northern District of Texas |
| Barbara M G Lynn |
| Rebecca Rutherford |
| Real Property: All Other Real Property |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 21 REPLY filed by JP Morgan Chase Bank NA re: #5 MOTION to Dismiss (Carlson, Eric) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Thu Oct 31 09:01:46 CDT 2019 (crt) |
Filing 20
ORDER: On October 25, 2019, Plaintiff Steven Crear filed a response (ECF No. #19 ) to Defendant JPMorgan Chase Bank's Rule 12(b)(6) Motion to Dismiss (ECF No. #5 ), filed September 27, 2019. This Court's local civil rules provide that "[a] response and brief to an opposed motion must be filed within 21 days from the date the motion is filed." N.D. Tex. L. Civ. R. 7.1(e). Therefore, Plaintiff's response was untimely. Because Plaintiff is proceeding pro se, however, the Court exercises its discretion and does not strike Plaintiff's response. See Newsome v. E.E.O.C., 301 F.3d 227, 233 (5th Cir. 2002) (per curiam) ("Normally, we recognize that a pro se plaintiff does not have the same training as an attorney, and accord a pro se plaintiff some measure of latitude in her complaint and in the errors she might make"). Defendant has 14 days from the date of this order to file a reply. (Ordered by Magistrate Judge Rebecca Rutherford on 10/30/2019) (ndt)
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| Filing 19 RESPONSE filed by Steven Crear re: #5 MOTION to Dismiss (ykp) |
| DEMAND for Trial by Jury per #19 Response by Steven Crear. (ykp) |
| Filing 18 Appendix in Support filed by JP Morgan Chase Bank NA re #17 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s) App. 1-104) (Carlson, Eric) |
| Filing 17 Brief/Memorandum in Support filed by JP Morgan Chase Bank NA re #16 MOTION to Label Plaintiff a Vexatious Litigant MOTION for Sanctions (Carlson, Eric) |
| Filing 16 MOTION to Label Plaintiff a Vexatious Litigant, MOTION for Sanctions filed by JP Morgan Chase Bank NA (Attachments: #1 Proposed Order granting Motion to Label Plaintiff a Vexatious Litigant and for Sanctions) (Carlson, Eric) |
| Filing 15 Appendix in Support filed by JP Morgan Chase Bank NA re #14 Response/Objection (Attachments: #1 Exhibit(s) App. 1-4) (Carlson, Eric) |
| Filing 14 RESPONSE filed by JP Morgan Chase Bank NA re: #13 MOTION to Dismiss (Carlson, Eric) |
| Filing 13 MOTION to Non-Suit filed by Steven Crear. (axm) |
| Filing 12 Brief/Memorandum in Support filed by JP Morgan Chase Bank NA re #11 Response/Objection (Carlson, Eric) |
| Filing 11 RESPONSE filed by JP Morgan Chase Bank NA re: #9 MOTION to Non-Suit (Carlson, Eric) |
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Filing 10
Notice of Option to Consent to Proceed Before the Magistrate Judge. If appropriate, party(ies) should return the signed consent form to the clerk. Plaintiff must file a written response to JPMC's motion on or before 10/25/2019. JPMC's reply is due by 11/8/2019 re: #5 MOTION to Dismiss. (Ordered by Magistrate Judge Rebecca Rutherford on 10/3/2019) (ykp)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Thu Oct 3 15:19:36 CDT 2019 (crt) |
| Filing 9 MOTION to Non-Suit filed by Steven Crear. (axm) |
| Filing 8 ANSWER to Complaint filed by JP Morgan Chase Bank NA. 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) A) (Carlson, Eric) |
| Filing 7 Appendix in Support filed by JP Morgan Chase Bank NA re #6 Brief/Memorandum in Support of Motion (Attachments: #1 Exhibit(s) App. 001-191) (Carlson, Eric) |
| Filing 6 Brief/Memorandum in Support filed by JP Morgan Chase Bank NA re #5 MOTION to Dismiss (Carlson, Eric) |
| Filing 5 MOTION to Dismiss filed by JP Morgan Chase Bank NA (Attachments: #1 Proposed Order granting Motion to Dismiss) (Carlson, Eric) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4. Mon Sep 23 11:18:15 CDT 2019 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (sre) |
| Filing 3 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (sre) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by J. P. Morgan Chase Bank N.A. identifying Corporate Parent/Other Affiliate JPMorgan Chase & Co. for J. P. Morgan Chase Bank N.A.. (Carlson, Eric) |
| Filing 1 NOTICE OF REMOVAL from 116th Judicial District Court of Dallas County, Texas, case number DC-19-12778 filed by J. P. Morgan Chase Bank N.A.. (Filing fee $400; receipt number 0539-10279433) 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) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Cover Sheet Civil Cover Sheet, #5 Cover Sheet Supplement Supplemental Civil Cover Sheet) (Lewis, Wm) |
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