Bowman v. Cenlar FSB et al
| Pamela J Bowman |
| Cenlar FSB, Citizens Bank NA, Robert D Forster, II, Jeff Fleming, Israel Saucedo and Ryan Bourgeois |
| 3:2021cv02623 |
| October 22, 2021 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Renee Harris Toliver |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 24, 2021. A more recent docket listing may be available from PACER.
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Filing 21
NOTICE of Posting Bond re: #19 Order on Motion to Vacate, filed by Pamela J Bowman (Attachments: #1 Exhibit(s) A) (Powell, Jeremy)
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Filing 20
MEMORANDUM OPINION AND ORDER: The Court GRANTS #11 Motion to Take Judicial Notice. Bowman's #4 request for a preliminary injunction is DENIED. (Ordered by Judge Brantley Starr on 11/15/2021) (ygl)
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Filing 19
ORDER re: #13 MOTION to Vacate Bond Requirement. The Court will GRANT Bowman's motion and reduce the bond amount to $5,000. Bowman must file a notice of posting this bond within 14 days of this order (and must do so even if the Court denies the request for a preliminary injunction). (Ordered by Judge Brantley Starr on 11/15/2021) (mjr)
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Filing 18
Notice of Filing of Official Electronic Transcript of Motions Proceedings held on 11-09-21 before Judge Brantley Starr. Court Reporter/Transcriber Kelli Ann Willis, Telephone number 214-753-2654. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (46 pages) Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (kaw)
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Filing 17
RESPONSE filed by Pamela J Bowman re: #11 MOTION to Take Judicial Notice. (Powell, Jeremy) Modified text on 11/15/2021 (jmg).
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Filing 16
RESPONSE filed by Cenlar FSB, Citizens Bank NA re: #13 MOTION to Vacate Bond Requirement (Hopkins, Shelley)
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Filing 15
NOTICE of Attorney Appearance by Shelley L. Hopkins on behalf of Cenlar FSB, Citizens Bank NA. (Filer confirms contact info in ECF is current.) (Hopkins, Shelley)
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Filing 14
STIPULATION OF DISMISSAL of Trustee Defendants by Pamela J Bowman. (Powell, Jeremy)
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Filing 13
MOTION to Vacate Bond Requirement filed by Pamela J Bowman with Brief/Memorandum in Support. (Powell, Jeremy)
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Filing 12
ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: ELECTRONIC Minute Entry for proceedings held before Judge Brantley Starr: Preliminary Injunction held on 11/9/2021. Mr. Powell moves to admit plaintiff exhibits (1-8). Plaintiff's Exhibits admitted. Arguments hear from Mr. Powell and Ms. Gibson. After hearing from counsel, the Preliminary Injunction will be taking under advisement. Attorney Appearances: Plaintiff - Evan Van Shaw, Jeremy Beau Powell; Defense - Crystal Gee Gibson. (Court Reporter: Kelli Ann Willis) (Exhibits admitted - returned to party) Time in Court - 1:00. (chmb)
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Filing 11
MOTION to Take Judicial Notice filed by Cenlar FSB, Citizens Bank NA (Attachments: #1 Exhibit(s) 1 - Amended Assignment of Judgment) (Gibson, Crystal) Modified text and linkage on 11/12/2021 (jmg).
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Filing 10
ELECTRONIC ORDER: By 11/11/21 at 5pm, defendants Cenlar FSB and Citizens Bank N.A. shall file their motion for judicial notice of the foreclosure order assignment. Plaintiff Pamela Bowman shall file any response by 11/12/21 at 3 pm. Also by 11/11/21 at 5pm, plaintiff Pamela Bowman shall file her motion for waiver of the TRO bond. Defendants Cenlar FSB and Citizens Bank N.A. shall file any response by 11/12/21 at 3 pm. No replies may be filed to either response. (Ordered by Judge Brantley Starr on 11/9/2021) (chmb)
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Filing 9
ORDER SETTING HEARING. The Court sets this case for an evidentiary hearing on the plaintiffs request for a preliminary injunction. The plaintiff seeks the injunction against Defendants attempts to foreclose until said Declaratory Judgment action can be heard and resolved. Doc. 4 at 3. The Court construes this request as one for a preliminary injunction. Counsel should be prepared to put on evidence as well as to argue the legal aspects of the case. The Court intends to rule on the request for preliminary injunction before the temporary restraining order expires on November 15, 2021 at 5pm. Hearing set for 11/9/2021 at 1:00 p.m. in US Courthouse, Courtroom 1525, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Brantley Starr. (chmb)
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Filing 8
ORDER granting in part and denying in part #4 Motion for TRO. Bowman is required to post bond in the amount of $100,000 payable to the clerk of the Court by November 8, 2021 at 5 p.m. This temporary restraining order shall expire on November 15, 2021 at 5 p.m. (Ordered by Judge Brantley Starr on 11/1/2021) (chmb)
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Filing 7
REPLY filed by Pamela J Bowman re: #4 Emergency MOTION for Temporary Restraining Order MOTION for Injunction (Attachments: #1 Exhibit(s) Judicial Appendix) (Randle, Janet)
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Filing 6
RESPONSE AND OBJECTION filed by Cenlar FSB, Citizens Bank NA re: #4 Emergency MOTION for Temporary Restraining Order MOTION for Injunction (Attachments: #1 Exhibit(s) A-Deed of Trust, #2 Exhibit(s) B-Certificate of Merger, #3 Exhibit(s) C-Assignment, #4 Exhibit(s) D-Counterclaim, #5 Exhibit(s) E-Memorandum Opinion and Order, #6 Exhibit(s) F-MSJ, #7 Exhibit(s) G-Assignment of Judgment, #8 Exhibit(s) H-Fifth Circuit Opinion) (Gibson, Crystal)
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Filing 5
ORDER: Responses due by 10/29/2021. (Ordered by Judge Brantley Starr on 10/27/2021) (mla)
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Filing 4
Emergency MOTION for Temporary Restraining Order and Motion for Permanent Injunction filed by Pamela J Bowman with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Exh 1 1st And Cat with Appendix) (Randle, Janet). Added MOTION for Injunction on 10/26/2021 (ajb).
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Filing 3
AMENDED COMPLAINT WITH JURY DEMAND against Cenlar FSB, Citizens Bank NA filed by Pamela J Bowman. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be 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 Declaration(s) Dec with APX 1 - 82) (Randle, Janet)
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Filing 2
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). 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)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND filed by Citizens Bank, N.A., Cenlar FSB. (Filing fee $402; receipt number 0539-12324302) 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 pleadings, #2 Exhibit(s) B-Dallas County CAD, #3 Exhibit(s) C-List of All Counsel, #4 Exhibit(s) D-Notice of Removal to State Court, #5 Exhibit(s) E-Disclosure and Certificate of Interested Parties, #6 Cover Sheet, #7 Cover Sheet Supplement) (Gibson, Crystal)
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