Select Portfolio Servicing Inc v. Collins et al
| Select Portfolio Servicing, Inc. and Select Portfolio Servicing Inc |
| Evelyn Collins, Jose N. Estrada, Juan O. Martinez, Maria A. Martinez and Maria O. Martinez |
| 3:2023cv02398 |
| October 27, 2023 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Ed Kinkeade |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 19 AMENDED COMPLAINT , Plaintiff's First against All Defendants filed by Select Portfolio Servicing Inc. 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 Exhibit(s)) (Cronenwett, Mark) |
| Filing 18 NOTICE of Servicemember Declaration filed by Select Portfolio Servicing Inc (Haley, Cheyenne) |
| Filing 17 RESPONSE filed by Select Portfolio Servicing Inc re: #10 Order, (Attachments: #1 Exhibit(s)) (Haley, Cheyenne) |
| Filing 16 SUMMONS Returned Executed as to Evelyn Collins; served on 11/20/2023. (kcr) |
| Filing 15 SUMMONS Returned Executed as to Evelyn Collins ; served on 11/20/2023. (Cronenwett, Mark) |
Filing 14
ORDER SETTING BRIEFING SCHEDULE re: #11 Motion to Dismiss for Failure to State a Claim. Responses due by 12/22/2023. Replies due by 1/8/2024. (Ordered by Magistrate Judge David L. Horan on 11/27/2023) (kaf)
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| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jose N. Estrada, Juan O. Martinez, Maria A. Martinez, Maria O. Martinez. (Clerk QC note: No affiliate entered in ECF). (Siotos, Dean) |
| Filing 12 Brief/Memorandum in Support filed by Jose N. Estrada, Juan O. Martinez, Maria A. Martinez, Maria O. Martinez re #11 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) (Siotos, Dean) |
| Filing 11 Motion to Dismiss for Failure to State a Claim filed by Jose N. Estrada, Juan O. Martinez, Maria A. Martinez, Maria O. Martinez (Attachments: #1 Proposed Order)Attorney Dean John Siotos added to party Jose N. Estrada(pty:dft), Attorney Dean John Siotos added to party Juan O. Martinez(pty:dft), Attorney Dean John Siotos added to party Maria A. Martinez(pty:dft), Attorney Dean John Siotos added to party Maria O. Martinez(pty:dft) (Siotos, Dean) |
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Filing 10
ORDER REGARDING DIVERSITY JURISDICTION: Because Select Portfolio as the plaintiff invoking the Court's subject matter jurisdiction under 28 U.S.C. 1332(a), has not adequately alleged Defendants citizenship, Select Portfolio must file a written response to this order to properly plead the citizenship of all defendants by November 30, 2023. (Ordered by Magistrate Judge David L. Horan on 11/16/2023) (mcrd)
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| Filing 9 SUMMONS Returned Executed as to Jose N. Estrada ; served on 11/7/2023. (Haley, Cheyenne) Modified on 11/12/2023 (axm). Modified docket text on 11/13/2023 (oyh). |
| Filing 8 ***PLEASE DISREGARD ENTRY PER ATTORNEY; CORRECT DOCUMENT HAS BEEN RE-FILED*** SUMMONS Returned Executed as to Jose N Estrada; served on 11/7/2023 (Haley, Cheyenne) Modified event text on 11/12/2023 (axm). Modified docket text on 11/13/2023 (oyh). |
| Filing 7 SUMMONS Returned Executed as to Juan O. Martinez ; served on 11/2/2023. (Haley, Cheyenne) |
| Filing 6 NOTICE of Appearance as Additional Counsel for Plaintiff filed by Select Portfolio Servicing Inc (Haley, Cheyenne) |
| Filing 5 Summons Issued as to Evelyn Collins, Jose N. Estrada, Juan O. Martinez, Maria A. Martinez, Maria O. Martinez. (oyh) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Select Portfolio Servicing, Inc.. (Clerk QC note: No affiliate entered in ECF). (Swernofsky, Rachael) |
| Filing 4 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. (oyh) |
| Filing 2 Request for Clerk to issue Request for Issuance of Summons filed by Select Portfolio Servicing, Inc.. (Swernofsky, Rachael) |
| Filing 1 COMPLAINT against All Defendants filed by Select Portfolio Servicing, Inc.. (Filing fee $402; Receipt number ATXNDC-14135834) Summons(es) not requested at this time. 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, 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 Exhibit(s), #2 Cover Sheet) (Cronenwett, Mark) |
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