The Bank Of New York Mellon Trust Company, National Association v. Holcomb
| The Bank Of New York Mellon Trust Company, National Association |
| Sherry Lynn Holcomb |
| 4:2019cv00432 |
| May 28, 2019 |
| US District Court for the Northern District of Texas |
| John McBryde |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.
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Filing 25
FINAL JUDGMENT...Deft in default on her obligations under the Texas Home Equity Note signed Sep 8 2005 and the Texas Equity Security Instrument signed Sept 8 2005. (Ordered by Senior Judge John McBryde on 7/23/2019) (wrb)
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Filing 24
Memorandum Opinion and Order...Motion for default judgment granted. Deft in default on her obligations on the note and security instrument; Pltf have and recover its costs of court from deft; pltf authorized to file motion for atty fees; The following are secured by the security instrument; a) the outstanding balance of the note b) prejudgment interest at note's interest rate of 9/150 percent; c) post judgment interest at rate of 9.150 percent from date of judgment until paid and d) costs of court. Pltf authorized to enforce the power of sale in the security instrument thru foreclosure of the property. (Ordered by Senior Judge John McBryde on 7/23/2019) (wrb)
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| Filing 22 Clerk's ENTRY OF DEFAULT as to Sherry Lynn Holcomb (wrb) |
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Filing 21
ORDER granting #20 Request for Default Judgment. (Ordered by Senior Judge John McBryde on 7/16/2019)
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| Filing 18 Plaintiff's Facts Establishing Subject Matter Jurisdiction filed by The Bank Of New York Mellon Trust Company, National Association. (wrb) |
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Filing 17
ORDER: by 4pm July 18 2019, plaintiff file a document that alleges facts establishing subject matter jurisdiction. Plaintiff failed to allege complete diversity of citizenship; specifically, plaintiff failed to allege the state of which defendant is a citizen, and nothing in the record suggests her state of citizenship. (Ordered by Senior Judge John McBryde on 7/11/2019) (wrb)
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| Filing 20 Exhibits to #16 Request for Clerk's Entry of Default Table of Contents filed by The Bank Of New York Mellon Trust Company, National Association. (wrb) |
| Filing 19 Exhibits to #15 Motion for Default Judgment Table of Contents filed by The Bank Of New York Mellon Trust Company, National Association. (wrb) |
| Filing 16 Request for Clerk to issue clerk's entry of default filed by The Bank Of New York Mellon Trust Company, National Association. (wrb) (Main Document 16 replaced on 7/16/2019) (wrb). |
| Filing 15 MOTION for Default Judgment against Sherry Lynn Holcomb filed by The Bank Of New York Mellon Trust Company, National Association (wrb) (Main Document 15 replaced on 7/16/2019) (wrb). |
| Filing 14 Return of Service Executed on 6/11/19 as to Sherry Lynn Holcomb re: #6 Summons Issued. (wrb) |
| Filing 23 EXHIBITS TO ORIGINAL COMPLAINT to #13 Initiating Case Opening Documents pursuant to Standing Order by Plaintiff The Bank Of New York Mellon Trust Company, National Association. (wrb) |
| Filing 13 Received original and Judge's copy pursuant to Standing Order re: #1 Complaint filed by The Bank Of New York Mellon Trust Company, National Association (Attachments: #1 Exhibits) (wrb) |
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Filing 12
Order Unfiling #11 Notice (Other) filed by The Bank Of New York Mellon Trust Company, National Association due to the following deficiency: docs still fail to comply; pltf stapled collection of exhibits, rather than binding separately from complaint and filing as separate vol.. re: #11 Notice (Other) (Ordered by Senior Judge John McBryde on 6/11/2019) (wrb)
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| Filing 11 [UNFILED PER ORDER OF JUN 11 2019] Received Original and Copy of Initiating Complaint pursuant to Standing Order re: #1 Complaint,,,, filed by The Bank Of New York Mellon Trust Company, National Association (wrb) Modified on 6/12/2019 (wrb). |
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Filing 10
Order Unfiling #9 Notice (copy of complaint only), filed by The Bank Of New York Mellon Trust Company, National Association due to the following deficiency: The exhibits were not filed in a separate volume and did not bear consecutive page numbers and a table of contents, nor were items of particular pertinence highlighted. (see order for specifics) (Ordered by Senior Judge John McBryde on 6/6/2019) (tln)
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| Filing 9 ***UNFILED PER #10 ORDER***Received Original and Copy of Case Initiating Documents pursuant to Standing Order re: #2 Cert. Of Interested Persons/Disclosure Statement, #1 Complaint, filed by The Bank Of New York Mellon Trust Company, National Association (Attachments: #1 Additional Page(s)) (wrb) Modified text on 6/7/2019 (tln). |
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Filing 8
Order Unfiling #7 Notice (Other), filed by The Bank Of New York Mellon Trust Company, National Association due to the following deficiency: exhibits not filed in separate vol and do not bear consecutive case numbers, index tabs, and a table of contents, nor are items of particular pertinence highlighted.. re: #7 Notice (Other), (Ordered by Senior Judge John McBryde on 6/4/2019) (wrb)
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| Filing 7 [unfiled per order of Jun 4 2019]Received originals of case initiating documents pursuant to Standing Order re: #2 Cert. Of Interested Persons/Disclosure Statement, #1 Complaint,,,, filed by The Bank Of New York Mellon Trust Company, National Association (Attachments: #1 Additional Page(s)) (wrb) Modified on 6/4/2019 (wrb). |
| Filing 6 Summons Issued as to Sherry Lynn Holcomb. (wrb) |
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Filing 5
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 5/29/2019) (wrb)
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| Filing 4 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wrb) |
| Filing 3 Request for Clerk to issue Summons as to Sherry Lynn Holcomb filed by The Bank Of New York Mellon Trust Company, National Association. (Cronenwett, Mark) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The Bank Of New York Mellon Trust Company, National Association. (Cronenwett, Mark) |
| Filing 1 COMPLAINT against Sherry Lynn Holcomb filed by The Bank Of New York Mellon Trust Company, National Association. (Filing fee $400; Receipt number 0539-10013662) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy 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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| Plaintiff: The Bank Of New York Mellon Trust Company, National Association | |
| Represented By: | Mark D Cronenwett |
| Represented By: | Jonathan C Smith |
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| Defendant: Sherry Lynn Holcomb | |
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