Caballero v. Gateway Mortgage
| Lashawn Caballero |
| Gateway Mortgage |
| 3:2023cv01837 |
| August 16, 2023 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Ed Kinkeade |
| Real Property: Foreclosure |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Wed Oct 11 08:55:21 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Wed Oct 11 08:43:41 CDT 2023 (crt) |
Filing 23
ELECTRONIC ORDER: Because the Court has reset the Federal Rule of Civil Procedure 16(b) pretrial scheduling conference, the Court also resets the corresponding deadline for the joint written Rule 26(f) report and now orders that, in advance of the November 15, 2023 Rule 16(b) pretrial scheduling conference, Plaintiff Lashawn Caballero (or her new counsel of record, if one appears on her behalf) and Defendant's counsel must conduct the Federal Rule of Civil Procedure 26(f) conference required by the Court's August 17, 2023 #5 Order Requiring 26(f) Report and Setting 16(b) Conference and confer on the matters required by that order, see Dkt. No. 5 at 1-6, and then, by Tuesday, November 14, 2023, Defendant's counsel must file the joint written Rule 26(f) report required by that order, see Dkt. No. 5 at 2-6. (Ordered by Magistrate Judge David L. Horan on 10/10/2023.)
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| Filing 22 RESPONSE filed by Gateway Mortgage re: #19 Order, (Attachments: #1 Exhibit(s) A) (Manzewitsch Pulero, Jessie) |
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Filing 21
ORDER GRANTING #20 LEAVE FOR PAUL R. LEAKE TO WITHDRAW AS COUNSEL FOR PLAINTIFF, RESETTING THE RESCHEDULED RULE 16(B) SCHEDULING CONFERENCE, AND SETTING OUT THE COURT'S EXPECTATIONS FOR THE PARTIES AND COUNSEL. The Court CANCELS the Federal Rule of Civil Procedure 16(b) pretrial scheduling conference that was reset to take place on Wednesday, October 18, 2023 at 11:00 a.m.The Court will now hold the rescheduled Federal Rule of Civil Procedure 16(b) pretrial scheduling conference on Wednesday, November 15, 2023 at 9:30 a.m. in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 10/10/2023) (mcrd)
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| Hearing/Deadline Modification: Deadlines/hearings and reset per #21 Order. FRCP 16 Scheduling Conference RESET to 11/15/2023 09:30 AM in US Courthouse, Courtroom 1561, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge David L. Horan. (mcrd) |
| Filing 20 NOTICE of Plaintiff's Custodian Attorney filed by Gateway Mortgage (Attachments: #1 Exhibit(s)) (Owens, Kyle) Modified on 10/10/2023 (mcrd). |
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Filing 19
ORDER REGARDING ATTORNEY ADMISSION REQUIREMENT: By 10/23/2023, counsel for Defendant must either become admitted to practice in this District, see Local Civil Rule 83.7, or move the Court to be admitted pro hac vice, see Local Civil Rule 83.9(b). (Ordered by Magistrate Judge David L. Horan on 10/3/2023) (sxf) (Main Document 19 replaced on 10/3/2023) (mms). Modified docket text on 10/3/2023 (mms).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14,15,17. Tue Oct 3 08:46:31 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Tue Oct 3 16:50:15 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14, 15, 17. Thu Sep 28 15:37:26 CDT 2023 (crt) |
| Filing 18 Mail returned as undeliverable. Clerks Notice of Mailing received back from Paul Leake as Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (kaf) |
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Filing 17
ELECTRONIC ORDER: In light of #19 Defendant's Notice Regarding Counsel, the Court RESETS the Rule 16(b) pretrial scheduling conference to now take place on Wednesday, October 18, 2023 at 11:00 a.m. in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. Plaintiff's counsel and Defendant's counsel must attend in person on October 18. The Court CANCELS the Federal Rule of Civil Procedure 16(b) pretrial scheduling conference set for Tuesday, September 19, 2023 at 11:00 a.m.In advance of the October 18 Rule 16(b) conference, Plaintiff's counsel and Defendant's counsel are directed to conduct the Federal Rule of Civil Procedure 26(f) conference required by the Court's August 17, 2023 #5 Order Requiring 26(f) Report and Setting 16(b) Conference and to confer on the matters required by that order, see Dkt. No. 5 at 1-6, and to then, by Tuesday, October 17, 2023, file the joint written Rule 26(f) report required by that order, see Dkt. No. 5 at 2-6.(Ordered by Magistrate Judge David L. Horan on 9/14/2023.)
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| Filing 16 NOTICE of Developments Regarding Counsel filed by Gateway Mortgage (Owens, Kyle) |
| Filing 15 ELECTRONIC Notice of Hearing (COURTROOM CHANGE ONLY): FRCP 16 Scheduling Conference set for 9/19/2023 11:00 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge David L. Horan. (mcrd) |
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Filing 14
ELECTRONIC ORDER:As the Court discussed with Defendant's counsel at the September 7, 2023 Federal Rule of Civil Procedure 16(b) pretrial scheduling conference, the Court will reconvene the Rule 16(b) pretrial scheduling conference on Tuesday, September 19, 2023 at 11:00 a.m. in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. Plaintiff's counsel and Defendant's counsel must attend in person on September 19. In advance of the September 19 Rule 16(b) conference, Plaintiff's counsel and Defendant's counsel are directed to conduct the Federal Rule of Civil Procedure 26(f) conference required by the Court's August 17, 2023 #5 Order Requiring 26(f) Report and Setting 16(b) Conference and to confer on the matters required by that order, see Dkt. No. 5 at 1-6, and to then, by Friday, September 15, 2023, file the joint written Rule 26(f) report required by that order, see Dkt. No. 5 at 2-6. (Ordered by Magistrate Judge David L. Horan on 9/7/2023.)
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| Filing 13 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Scheduling Conference not held on 9/7/2023. Order to enter. Attorney Appearances: Plaintiff - N/A; Defense - Kyle Owens. (Court Reporter: Digital File) (No exhibits) Time in Court - :04. (mcrd) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Thu Sep 7 16:42:28 CDT 2023 (crt) |
| Filing 12 STATUS REPORT REGARDING RULE 26(F) CONFERENCE filed by Gateway Mortgage. (Owens, Kyle) |
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Filing 11
ORDER GRANTING #10 DEFENDANT'S MOTION TO WITHDRAW AND SUBSTITUTE COUNSEL. (Ordered by Magistrate Judge David L. Horan on 8/30/2023) (mcrd)
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| Filing 10 MOTION to Withdraw as Attorney Michael J.Schroeder, MOTION to Substitute Attorney, added attorney Kyle A Owens,Kyle A Owens,Jessie Ruth Manzewitsch Pulero for Gateway Mortgage. Motion() filed by Gateway Mortgage (Attachments: #1 Proposed Order)Attorney Kyle A Owens added to party Gateway Mortgage(pty:dft) (Owens, Kyle) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Wed Aug 30 10:55:56 CDT 2023 (crt) |
| Filing 9 NOTICE of State Court Filing re: #6 Order filed by Gateway Mortgage (Attachments: #1 Exhibit(s)) (Schroeder, Michael) |
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Filing 8
STANDING ORDER ON DISCOVERY AND NON-DISPOSITIVE MOTIONS. (Ordered by Magistrate Judge David L. Horan on 8/17/2023) (mcrd)
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Filing 7
STANDING ORDER ON FILING MATERIALS UNDER SEAL. (Ordered by Magistrate Judge David L. Horan on 8/17/2023) (mcrd)
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Filing 6
ORDER REQUIRING FILING OF STATE COURT NOTICE. (Ordered by Magistrate Judge David L. Horan on 8/17/2023) (mcrd)
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Filing 5
ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE: Plaintiff's counsel and Defendant's counsel must confer in person not later than August 30, 2023. By September 5, 2023, the parties must submit a joint written Rule 26(f) report. On September 7, 2023 at 11:00 a.m., the Court will conduct a Federal Rule of Civil Procedure 16(b) pretrial scheduling conference in Courtroom 1561, 1100 Commerce Street, Dallas, Texas 75242 before United States Magistrate Judge David L. Horan. (Ordered by Magistrate Judge David L. Horan on 8/17/2023) (mcrd)
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| Filing 4 AMENDED DOCUMENT by Gateway Mortgage. Amendment to #1 Notice of Removal. . (Attachments: #1 Exhibit(s) Oklahoma SOS, #2 Exhibit(s) CAD Detail) (Schroeder, Michael) |
| Filing 3 ANSWER to Complaint filed by Gateway Mortgage. 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. (Schroeder, Michael) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5, 6, 7, 8. Thu Aug 17 19:04:37 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5, 6, 7, 8. Thu Aug 17 19:04:32 CDT 2023 (crt) |
| 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). 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. (agc) |
| Filing 1 NOTICE OF REMOVAL filed by GATEWAY MORTGAGE GROUP, A DIVISION OF GATEWAY FIRST BANK. (Filing fee $402; receipt number ATXNDC-13962717) 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Appendix, #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Certificate Interested Parties, #8 Related Cases) (Schroeder, Michael) |
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| Plaintiff: Lashawn Caballero | |
| Represented By: | Paul R Leake |
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| Defendant: Gateway Mortgage | |
| Represented By: | Kyle A Owens |
| Represented By: | Michael J Schroeder |
| Represented By: | Jessie Ruth Manzewitsch Pulero |
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