Chowdhury et al v. WFG National Title Insurance Company et al
| Shamim A Chowdhury and Liza S Chowdhury |
| Jairo Olivares, Mortgage Electronic Registration System Inc, Stephanie Olivares, Fidelity National Title Insurance Company, Rebekah J McDermott, Summit Funding Inc, WFG National Title Insurance Company and Fannie Mae |
| 3:2020cv03392 |
| November 13, 2020 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Rebecca Rutherford |
| Real Property: All Other Real Property |
| 28 U.S.C. § 1446 |
| None |
Docket Report
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Filing 53
JUDGMENT: It is ORDERED that the defendants' #28 , #38 , #41 , #47 motions for summary judgment are GRANTED, and the plaintiffs' claims against the defendants WFG National Title Insurance Company, Jairo Olivares, Stephanie Olivares, Fidelity National Title Insurance Company, Summit Funding Inc, Federal National Mortgage Association, and Mortgage Electronic Registration System Inc, are DISMISSED with prejudice. The plaintiffs' claims against Rebekah J McDermott are DISMISSED without prejudice for want of prosecution. (Ordered by Senior Judge A. Joe Fish on 2/3/2022) (mla)
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Filing 52
ORDER ACCEPTING #51 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge A. Joe Fish on 2/3/2022) (mla)
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Filing 51
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #28 Motion for Summary Judgment, #38 Motion for Summary Judgment, #41 Motion for Summary Judgment, #47 Motion for Summary Judgment. The District Court should GRANT Defendants' motions for summary judgment and DISMISS with prejudice all Plaintiffs' claims against WFG National Title Insurance Company, Fidelity National Title Insurance Company, Jairo Olivares, Stephanie Olivares, Summit Funding Inc., Fannie Mae, and Mortgage Electronic Registration System Inc. The Court also should DISMISS without prejudice under Rule 41(b) Plaintiffs' claims against McDermott. (Ordered by Magistrate Judge Rebecca Rutherford on 1/12/2022) (ygl)
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| Filing 50 NOTICE of NON-FILING filed by Fidelity National Title Insurance Company, Jairo Olivares, Stephanie Olivares (Anderson, L) |
| Filing 49 NOTICE of NON-FILING filed by Fannie Mae, Mortgage Electronic Registration System Inc (Juergens, Jennifer) |
| Filing 48 Appendix in Support filed by Fannie Mae, Mortgage Electronic Registration System Inc re #45 MOTION for Summary Judgment (Juergens, Jennifer) |
| Filing 47 Amended MOTION for Summary Judgment filed by Fannie Mae, Mortgage Electronic Registration System Inc (Juergens, Jennifer) |
| Filing 46 Brief/Memorandum in Support filed by Fannie Mae, Mortgage Electronic Registration System Inc re #44 Brief/Memorandum in Support of Motion For Summary Judgment (Juergens, Jennifer) |
| Filing 45 MOTION for Summary Judgment filed by Fannie Mae, Mortgage Electronic Registration System Inc. (Attachments: #1 Appendix ISO Motion For Summary Judgment)Attorney Jennifer Juergens added to party WFG National Title Insurance Company(pty:dft) (Juergens, Jennifer) Modified filer on 12/1/2021 (oyh). |
| Filing 44 Brief/Memorandum in Support filed by Fannie Mae, Mortgage Electronic Registration System Inc re #45 Motion For Summary Judgment (Juergens, Jennifer) Modified linkage, filer, and docket text on 12/1/2021 (oyh). |
| Filing 43 Appendix in Support filed by Summit Funding Inc re #42 Brief/Memorandum in Support of Motion (Hatchitt, Danielle) |
| Filing 42 Brief/Memorandum in Support filed by Summit Funding Inc re #41 MOTION for Summary Judgment (Hatchitt, Danielle) |
| Filing 41 MOTION for Summary Judgment filed by Summit Funding Inc with Brief/Memorandum in Support. (Hatchitt, Danielle) |
| Filing 40 Appendix in Support filed by Fidelity National Title Insurance Company, Jairo Olivares, Stephanie Olivares re #39 Brief/Memorandum in Support of Motion for Summary Judgment (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7) (Anderson, L) |
| Filing 39 Brief/Memorandum in Support filed by Fidelity National Title Insurance Company, Jairo Olivares, Stephanie Olivares re #38 MOTION for Summary Judgment (Anderson, L) |
| Filing 38 MOTION for Summary Judgment filed by Fidelity National Title Insurance Company, Jairo Olivares, Stephanie Olivares with Brief/Memorandum in Support. (Anderson, L) |
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Filing 37
ELECTRONIC ORDER: Before the Court is Defendant's Motion for Summary Judgment (ECF No. 28) filed on July 30, 2021. Northern District of Texas Local Civil Rule 7.1(e) requires a non-movant to respond to an opposed motion within 21 days. Accordingly, Plaintiffs' deadline to respond to the Motion for Summary Judgment was August 20, 2021. Plaintiffs failed to respond within that deadline. Therefore, the Court will consider the Motion for Summary Judgment without the benefit of a response. (Ordered by Magistrate Judge Rebecca Rutherford on 11/3/2021) (chmb)
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| Filing 36 NOTICE of Attorney Appearance by Michael Tanner on behalf of Summit Funding Inc. (Filer confirms contact info in ECF is current.) (Tanner, Michael) |
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Filing 35
ORDER granting #34 Motion to Substitute Attorney. Robert T. Mowrey, Matthew H. Davis, and Jennifer Juergens of Locke Lord LLP substituted into this case as counsel of record for Fannie Mae and MERS. (Ordered by Magistrate Judge Rebecca Rutherford on 9/16/2021) (ygl)
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| Filing 34 MOTION to Substitute Party filed by Fannie Mae, Mortgage Electronic Registration System Inc (Attachments: #1 Proposed Order Granting Motion To Substitute Counsel) (Juergens, Jennifer) |
| Filing 33 Designation of Experts by Fidelity National Title Insurance Company, Jairo Olivares, Stephanie Olivares. (Anderson, L) |
| Filing 32 NOTICE of Attorney Appearance by Lee Taylor Anderson on behalf of Fidelity National Title Insurance Company, Jairo Olivares, Stephanie Olivares. (Filer confirms contact info in ECF is current.) (Anderson, Lee) |
| Filing 31 Designation of Experts by WFG National Title Insurance Company. (Torabi, Mark) |
| Filing 30 Appendix in Support filed by WFG National Title Insurance Company re #28 MOTION for Summary Judgment , #29 Brief/Memorandum in Support of Motion (Torabi, Mark) |
| Filing 29 Brief/Memorandum in Support filed by WFG National Title Insurance Company re #28 MOTION for Summary Judgment (Torabi, Mark) |
| Filing 28 MOTION for Summary Judgment filed by WFG National Title Insurance Company (Torabi, Mark) |
| Filing 27 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Summit Funding Inc. (Hayes, Sherrard) |
| Filing 26 ANSWER to Complaint filed by Summit Funding Inc. 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. Attorney Danielle Katharina Hatchitt added to party Summit Funding Inc(pty:dft) (Hatchitt, Danielle) |
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Filing 25
ORDER granting #24 Motion to Substitute Attorney. (Ordered by Magistrate Judge Rebecca Rutherford on 2/19/2021) (oyh)
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| Filing 24 MOTION to Substitute Attorney, added attorney Brent William Martinelli. Motion filed by Fannie Mae (Attachments: #1 Proposed Order) (Martinelli, Brent) |
| Filing 23 JOINT DISCOVERY PLAN by WFG National Title Insurance Company. (Torabi, Mark) Modified text on 2/8/2021 (mjr). |
| Filing 22 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by WFG National Title Insurance Company. (Torabi, Mark) |
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Filing 21
PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 7/1/2021. Amended Pleadings due by 7/1/2021. Discovery due by 11/1/2021. Motions due by 12/1/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 12/29/2020) (axm)
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Filing 20
ORDER denying without prejudice #14 Emergency Motion for Extension of Time to File Motion to Remand. (Ordered by Magistrate Judge Rebecca Rutherford on 12/29/2020) (axm)
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Filing 19
ELECTRONIC ORDER. Plaintiffs' pro se status does not excuse them from complying with the Court's Local Rules. See NDTX L. Civ. R. 83.14 ("Any party proceeding on the partys own behalf is considered pro se. Pro se parties must read and follow the local civil rules of this court and the Federal Rules of Civil Procedure."). Accordingly, the Court ORDERS Plaintiffs to comply with L. Civ. R. 7.1(a) and (b) by conferring with an attorney for each Defendant to determine whether #14 their Emergency Motion for Extension of Time to File a Motion to Remand is opposed and by filing an amended certificate of conference indicating whether the motion is opposed. (Ordered by Magistrate Judge Rebecca Rutherford on 12/16/2020) (Magistrate Judge Rebecca Rutherford)
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| Filing 18 Proposal for contents of scheduling and discovery order by WFG National Title Insurance Company. (Torabi, Mark) |
| Filing 17 MOTION to Extend Time filed by Liza S Chowdhury, Shamim A Chowdhury. (Attachments: #1 Proposed Order Proposed Order for the Court) (Chowdhury, Shamim) |
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Filing 16
ELECTRONIC ORDER: The Court takes notice of Plaintiffs' #14 Motion for Extension of Time to File Motion to Remand. Plaintiff's Motion, however, runs afoul of the Local Rules by neglecting to include a Certificate of Conference or an indication of whether the Motion is opposed. Accordingly, Plaintiffs must advise the Court whether their #14 Motion is opposed or not. (Ordered by Magistrate Judge Rebecca Rutherford on 12/15/2020) (chmb)
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Filing 15
ORDER granting #13 Motion to Substitute Attorney. The Court ORDERS that Robert T. Mowrey, Matthew H. Davis, and Jennifer McCammon of Locke Lord LLP be substituted into this case as counsel of record for Fannie Mae. The Court further ORDERS that Karl Seelbach, Trek Doyle and Ryan Cant of Doyle & Seelbach PLLC are withdrawn from this case as counsel of record for Defendant Fannie Mae. (Ordered by Magistrate Judge Rebecca Rutherford on 12/14/2020) (hml)
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| Filing 14 Emergency MOTION for Extension of Time to File Motion to Remand filed by Shamim A Chowdhury (Chowdhury, Shamim) Modified title on 12/30/2020 (axm). |
| Filing 13 MOTION to Substitute Attorney, Fannie Mae added attorney Jennifer McCammon, Robert T Mowrey,Matthew Hogan Davis for Fannie Mae. Motion filed by Fannie Mae (Attachments: #1 Proposed Order)Attorney Jennifer McCammon added to party Fannie Mae(pty:dft) (McCammon, Jennifer) Modified text on 12/14/2020 (mjr). |
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Filing 12
ORDER GRANTING #11 MOTION TO SUBSTITUTE COUNSEL: It is ORDERED that Crystal Gee Gibson be allowed to withdraw as counsel of record for Defendant Mortgage Electronic Reigstration System Inc, and Brent W. Martinelli, Frank Alvarez and Timothy Robinson be substituted as attorneys of record for the named Defendant Mortgage Electronic Registration System Inc. (Ordered by Magistrate Judge Rebecca Rutherford on 12/8/2020) (twd)
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| Filing 11 MOTION to Substitute Attorney, Brent William Martinelli for Mortgage Electronic Registration System Inc. Motion filed by Mortgage Electronic Registration System Inc. (Attachments: #1 Proposed Order) Attorney Brent William Martinelli added to party Mortgage Electronic Registration System Inc(pty:dft) (Martinelli, Brent) Modified text on 12/8/2020 (mjr). |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Fannie Mae. (Seelbach, Karl) |
| Filing 9 ANSWER to Complaint filed by Fannie Mae. 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. Attorney Karl W Seelbach added to party Fannie Mae(pty:dft) (Seelbach, Karl) |
| Filing 8 ANSWER to Complaint filed by WFG National Title Insurance Company. 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. (Torabi, Mark) |
| Filing 7 NOTICE of Consent to Removal re: #1 Notice of Removal filed by Fidelity National Title Insurance Company, Jairo Olivares, Stephanie Olivares (Catlin, Amanda) |
| Filing 6 ANSWER to Complaint filed by Fidelity National Title Insurance Company. 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. Attorney Amanda A Catlin added to party Fidelity National Title Insurance Company(pty:dft) (Catlin, Amanda) |
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Filing 5
ORDER: Proposed Scheduling Order due by 12/16/2020. (Ordered by Magistrate Judge Rebecca Rutherford on 11/17/2020) (jmg)
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| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mortgage Electronic Registration System Inc. (Gibson, Crystal) |
| Filing 3 Supplemental Document (Defendant Mortgage Electronic Registration Systems, Inc.'s Original Answer and Affirmative Defenses) by Mortgage Electronic Registration System Inc as to #1 Notice of Removal. (Gibson, Crystal) Modified text on 11/17/2020 (jmg). |
| Filing 2 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. (hml) |
| Filing 1 NOTICE OF REMOVAL filed by WFG National Title Insurance Company. (Filing fee $400; receipt number 0539-11353947) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26, #28 Exhibit(s) 27, #29 Exhibit(s) 28, #30 Exhibit(s) 29, #31 Exhibit(s) 30, #32 Exhibit(s) 31, #33 Exhibit(s) 32, #34 Exhibit(s) 33, #35 Exhibit(s) 34, #36 Cover Sheet B, #37 Exhibit(s) C, #38 Exhibit(s) D) (Torabi, Mark) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT (See Document #1 for image - Exhibit 37) by WFG National Title Insurance Company. (hml) |
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