Walton v. U.S. Bank National Association
| Vickie D. Walton |
| U.S. Bank National Association, as Trustee for Asset Backed Funding Corporation Asset Backed Certificates, Series 2006 HE1 and U.S. Bank National Association |
| 3:2021cv02231 |
| September 20, 2021 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Real Property: All Other Real Property |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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Filing 7
ELECTRONIC ORDER: On September 21, 2021, the plaintiff and the defendant were ordered to file certificates of interested persons satisfying the requirements of Local Rule 3.1(c) or 3.2(e) within twenty days (docket entries 5 and 6) but have failed to do so. Accordingly, this case is dismissed without prejudice. Rule 16(f)(1)(C), F.R. Civ. P. (Ordered by Senior Judge A. Joe Fish on 10/15/2021) (chmb)
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| Civil case terminated per 7 Electronic Order. (chmb) |
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Filing 6
ELECTRONIC ORDER: On September 20, 2021, the defendant removed this civil action to this court. Local Rule 81.1(a) provides that "[t]he party or parties that remove a civil action from state court must provide the following to the clerk for filing... a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e)." LR 3.1(c) and 3.2(e) in turn require that when a complaint is filed, the plaintiff must provide the clerk with "a separately signed certificate of interested persons -- in a form approved by the clerk -- that contains -- in addition to the information required by Fed. R. Civ. P. 7.1(a) -- a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than 20 days after this order is filed, the defendant must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 9/21/2021) (chmb)
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Filing 5
ELECTRONIC ORDER: On September 20, 2021, the defendant removed this civil action to this court. Local Rule 81.2 provides that "[w]ithin 21 days after the notice of removal is filed, the plaintiff shall file a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that when a complaint is filed, the plaintiff must provide the clerk with "a separately signed certificate of interested persons -- in a form approved by the clerk -- that contains -- in addition to the information required by Fed. R. Civ. P. 7.1(a) -- a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than 20 days after this order is filed, the plaintiff must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 9/21/2021) (chmb)
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| Filing 4 ADDITIONAL ATTACHMENTS to #1 Notice of Removal, by Defendant U.S. Bank National Association. (Attachments: #1 Exhibit(s) A - State Court Answer, #2 Exhibit(s) B - Notice of Removal of State Court Action) (Mosothoane, Helen) |
| Filing 3 ***PLEASE DISREGARD FILED IN WRONG CASE*** Writ of Garnishment Issued as to BBVA USA, Capital One, JP Morgan Chase, Texans Credit Union, Wells Fargo. (Attachments: #1 Capital One, #2 JP Morgan Chase, #3 Texans Credit Union, #4 Wells Fargo) (ndt) Modified on 9/21/2021 (ndt). |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by U.S. Bank National Association, as Trustee for Asset Backed Funding Corporation Asset Backed Certificates, Series 2006 HE1. (Filing fee $402; receipt number 0539-12233509) 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 - State Court File, #2 Cover Sheet, #3 Cover Sheet Supplement) (Mosothoane, Helen) |
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