Mosley et al v. DHI Mortgage Company Ltd et al
| Imperium Aeternum Express Trust, Jarius J Mosley and Jatieal C Mosley |
| DHI Mortgage Company Ltd, LoanCare LLC and Lakeview Loan Servicing LLC |
| 3:2025cv02463 |
| September 11, 2025 |
| U.S. District Court for the Northern District of Texas |
| David L Horan |
| Ed Kinkeade |
| Real Property: All Other Real Property |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 39
ORDER granting #37 Motion for a Status Update. The undersigned will enter a recommendation to Judge Kinkeade as to the pending motions as soon as the Court's schedule allows. (Ordered by Magistrate Judge David L. Horan on 2/18/2026) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:39. Wed Feb 18 21:48:16 CST 2026 (crt) |
| Filing 37 MOTION Status Update filed by Jarius J Mosley, Jatieal C Mosley (Mosley, Jarius) |
| Filing 38 Mail returned as undeliverable. #34 Order on Motion to Strike received back from Imperium Aeternum Express Trust as insufficient address. No address update from last filed document. The current document has not been re-mailed. (axm) Modified filed date on 2/12/2026 (axm). |
| Filing 36 Mail returned as undeliverable. #3 Judge Kinkeade,, #4 Notice and Instruction to Pro Se Party received back from Imperium Aeternum Express Trust as not deliverable as addressed. No address update from last filed document. The current document has not been re-mailed. (cfk) |
| Filing 35 RESPONSE AND OBJECTION filed by Lakeview Loan Servicing LLC, LoanCare LLC re: #32 MOTION to Strike #25 Affidavit, #24 Brief/Memorandum in Support of Motion (Brooks, Shawnika) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Tue Dec 2 14:18:37 CST 2025 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:34. Tue Dec 2 14:18:36 CST 2025 (crt) |
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Filing 34
ORDER CONSTRUING MOTION TO STRIKE AS OBJECTIONS AND TERMINATING MOTION: The Court will CONSTRUE Plaintiffs' motion to strike as objections and will therefore TERMINATE the motion but consider its substance when evaluating the summary judgment record. (Ordered by Magistrate Judge David L. Horan on 11/21/2025) (ndt)
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| Filing 33 Brief/Memorandum in Support filed by Jarius J Mosley, Jatieal C Mosley re #32 MOTION to Strike #25 Affidavit, #24 Brief/Memorandum in Support of Motion (Mosley, Jarius) |
| Filing 32 Objections MOTION to Strike #25 Affidavit, #24 Brief/Memorandum in Support of Motion filed by Jarius J Mosley, Jatieal C Mosley (Mosley, Jarius) Modified on 11/21/2025 (ndt). |
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Filing 31
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Plaintiffs filed a Plaintiffs' Notice of Non-Objection and Consent to Adoption of the Magistrate Judges Findings and Recommendations [Dkt No. 26]. The District Court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.The Court therefore DENIES Plaintiffs' motion for a preliminary injunction [Dkt. No. 13]. (Ordered by Judge Ed Kinkeade on 11/12/2025) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Wed Nov 12 15:46:55 CST 2025 (crt) |
| Filing 30 Declaration of Damages filed by Jarius J Mosley re #18 Reply (Mosley, Jarius) Modified text on 11/10/2025 (knb). |
| Filing 29 Mail returned as undeliverable. #22 Findings and Recommendations received back from Imperium Aeternum Express Trust as not deliverable as addressed. No address update from last filed document. The current document has not been re-mailed. (cfk) |
| Filing 28 REPLY filed by Jarius J Mosley, Jatieal C Mosley re: #25 Affidavit (Attachments: #1 Affidavit(s)) (Mosley, Jarius) |
| Filing 27 AFFIDAVIT in Rebuttal filed by Jarius J Mosley re: #25 Affidavit (Mosley, Jarius) Modified event text on 10/27/2025 (kcr). |
| Filing 26 NOTICE of Non-Objection filed by Jarius J Mosley, Jatieal C Mosley re: #22 Findings and Recommendations on Motion re: #13 Motion for Injunction. (Mosley, Jarius) Modified text on 10/27/2025 (knb). |
| Filing 25 AFFIDAVIT re #23 Response/Objection, #24 Brief/Memorandum in Support of Motion by Lakeview Loan Servicing LLC, LoanCare LLC. (Attachments: #1 Affidavit(s)) (Brooks, Shawnika) |
| Filing 24 Brief/Memorandum in Support filed by Lakeview Loan Servicing LLC, LoanCare LLC re #23 Response/Objection (Brooks, Shawnika) |
| Filing 23 RESPONSE AND OBJECTION filed by Lakeview Loan Servicing LLC, LoanCare LLC re: #16 MOTION for Summary Judgment (Brooks, Shawnika) |
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Filing 22
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court should deny the request for a preliminary injunction. (Ordered by Magistrate Judge David L. Horan on 10/22/2025) (cfk)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Wed Oct 22 10:46:59 CDT 2025 (crt) |
| Filing 21 REPLY filed by Jarius J Mosley, Jatieal C Mosley re: #19 Response/Objection (Mosley, Jarius) |
| Filing 20 Brief/Memorandum in Support filed by Lakeview Loan Servicing LLC, LoanCare LLC re #19 Response/Objection (Brooks, Shawnika) |
| Filing 19 RESPONSE AND OBJECTION filed by Lakeview Loan Servicing LLC, LoanCare LLC re: #13 MOTION for Injunction (Attachments: #1 Exhibit(s)) (Brooks, Shawnika) |
| Filing 18 REPLY filed by Jarius J Mosley, Jatieal C Mosley re: #16 Motion for Summary Judgment (Mosley, Jarius) Modified linkage on 10/16/2025 (knb). |
| Filing 17 Brief/Memorandum in Support filed by Jarius J Mosley, Jatieal C Mosley re #16 MOTION for Summary Judgment (Mosley, Jarius) |
| Filing 16 MOTION for Summary Judgment filed by Jarius J Mosley, Jatieal C Mosley (Mosley, Jarius) |
| Filing 15 REPLY filed by Lakeview Loan Servicing LLC, LoanCare LLC re: #8 MOTION to Dismiss (Brooks, Shawnika) |
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Filing 14
ORDER SETTING EXPEDITED BRIEFING SCHEDULE: Plaintiffs moved for a preliminary injunction to prevent the nonjudicial foreclosure sale of their home. Defendants must file a response(s) to this motion by 10/16/2025. And Plaintiffs must file a reply brief by 10/23/2025. (Ordered by Magistrate Judge David L. Horan on 10/2/2025) (kcr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Thu Oct 2 09:21:58 CDT 2025 (crt) |
| Filing 13 MOTION for Injunction filed by Jarius J Mosley, Jatieal C Mosley (Mosley, Jarius) |
| Filing 12 RESPONSE filed by Jarius J Mosley, Jatieal C Mosley re: #9 Order (Mosley, Jarius) |
| Filing 11 RESPONSE filed by Jarius J Mosley, Jatieal C Mosley re: #8 MOTION to Dismiss (Mosley, Jarius) |
| Filing 10 NOTICE of Voluntary Dismissal of Imperium Aeternum Express Trust and Non-Opposition re: #5 MOTION to Dismiss 12(b)(6) filed by Jarius J Mosley, Jatieal C Mosley (Mosley, Jarius) Modified event text on 9/29/2025 (kxm). |
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Filing 9
ORDER SETTING BRIEFING SCHEDULE: Response due 10/15/2025. Reply due 10/30/2025. (Ordered by Magistrate Judge David L. Horan on 9/15/2025) (cfk)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Mon Sep 15 16:06:40 CDT 2025 (crt) |
| Filing 8 MOTION to Dismiss filed by Lakeview Loan Servicing LLC, LoanCare LLC with Brief/Memorandum in Support. (Brooks, Shawnika) |
| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by DHI Mortgage Company Ltd. (Clerk QC note: Affiliate entry indicated). (Kleiman, David) |
| Filing 6 Brief/Memorandum in Support filed by DHI Mortgage Company Ltd re #5 MOTION to Dismiss 12(b)(6) (Kleiman, David) Modified event text on 9/15/2025 (kxm). |
| Filing 5 MOTION to Dismiss 12(b)(6) filed by DHI Mortgage Company Ltd with Brief/Memorandum in Support. (Kleiman, David) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3, 4. Fri Sep 12 10:19:21 CDT 2025 (crt) |
| Filing 4 Notice and Instruction to Pro Se Party. (knb) |
| Filing 3 New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter or 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (knb) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lakeview Loan Servicing, LLC, LoanCare LLC. (Clerk QC note: No affiliate entered in ECF). (Brooks, Shawnika) |
| Filing 1 NOTICE OF REMOVAL filed by LoanCare LLC, Lakeview Loan Servicing, LLC. (Filing fee $405; receipt number ATXNDC-15830410) 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) Exhibit A Notice of Removal, #2 Exhibit(s) Exhibit B Notice of Removal, #3 Exhibit(s) Exhibit C Notice of Removal, #4 Exhibit(s) Exhibit D Notice of Removal, #5 Exhibit(s) Exhibit E Notice of Removal, #6 Exhibit(s) Exhibit F Notice of Removal) (Brooks, Shawnika) (Attachment 1 and 2 replaced to flatten on 9/12/2025) (knb). |
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