Couch et al v. The Bank of New York Mellon
| Sharon Couch and Dickey Couch |
| The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for NovaStar Mortgage Funding Trust, Series 2005-4 NovaStar Home Equity Loan, Asset-Backed Certificates, Series 2005-4, The Bank of New York Mellon and The Bank of New York, as Successor Trustee for JPMorgan Chase Bank, N.A. |
| 4:2024cv00085 |
| January 25, 2024 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Real Property: All Other Real Property |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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Filing 29
REPLY filed by The Bank of New York Mellon re: #22 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(C), (Cronenwett, Mark)
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Filing 28
RESPONSE filed by Dickey Couch, Sharon Couch re: #22 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(C), (Glover, Joseph)
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Filing 27
ORDER: The parties are ORDERED to comply with the following expedited briefing schedule on Defendant's Motion for Judgment on the Pleadings (ECF No. #22 ): on or before March 13, 2024, Plaintiffs shall file their Response in Opposition to the Motion; and on or before March 18, 2024, Defendant may file its Reply in Support of the Motion. (Ordered by Judge Reed C. O'Connor on 3/5/2024) (saw)
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Filing 26
FINDINGS OF FACT AND CONCLUSIONS OF LAW: It is ORDERED that Plaintiffs Dickey Couch and Sharon Couch's Motion for Preliminary Injunction should be and is hereby DENIED. (Ordered by Judge Reed C. O'Connor on 3/5/2024) (saw)
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Filing 25
ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Preliminary Injunction Hearing held on 3/5/2024. Attorney Appearances: Plaintiff - Debra Edmundson; Defense - Mark Cronenwett. (Court Reporter: Zoie Williams) (No exhibits) Time in Court - :37. (chmb)
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Filing 24
Supplemental Document by The Bank of New York Mellon as to #19 Memorandum Opinion and Order,,,, Order Setting Deadline/Hearing,,, Supplemental Brief in Compliance with the Court's Order. (Cronenwett, Mark)
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Filing 23
Brief/Memorandum in Support filed by The Bank of New York Mellon re #22 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(C), (Cronenwett, Mark)
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Filing 22
MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(C), filed by The Bank of New York Mellon (Attachments: #1 Proposed Order) (Cronenwett, Mark)
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Filing 21
ANSWER to Complaint filed by The Bank of New York Mellon. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Cronenwett, Mark)
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Filing 20
Brief/Memorandum in Support filed by Dickey Couch, Sharon Couch re #19 Memorandum Opinion and Order,,,, Order Setting Deadline/Hearing,,, (Glover, Joseph)
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Filing 19
MEMORANDUM OPINION & ORDER: The Court GRANTS in part and DENIES in part the Motion to Dismiss (ECF No. #5 ) and GRANTS the Motion for TRO (ECF No. #4 ). This Temporary Restraining Order SHALL remain effective for fourteen days and expire at 11:59 PM on March 13, 2024. Counsel for Plaintiffs and Defendant are ORDERED to appear for a preliminary injunction hearing on Tuesday, March 5, 2024 at 9:00 AM in the Second Floor Courtroom of the Eldon B. Mahon United States Courthouse (501 West 10th Street, Fort Worth, Texas 76102). The parties are ORDERED to file supplemental briefing on the foregoing issues in advance of the preliminary injunction hearing, but not later than March 1, 2024. (Ordered by Judge Reed C. O'Connor on 2/28/2024) (saw)
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Filing 18
Pretrial Disclosures filed by Dickey Couch, Sharon Couch. (Glover, Joseph)
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Filing 17
REPLY filed by The Bank of New York Mellon re: #5 Motion to Dismiss for Failure to State a Claim (Cronenwett, Mark)
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Filing 16
NOTICE of of service of Initial Disclosures filed by The Bank of New York Mellon (Cronenwett, Mark)
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Filing 15
Appendix in Support filed by Dickey Couch, Sharon Couch re #14 Brief/Memorandum in Support of Motion (Glover, Joseph)
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Filing 14
Brief/Memorandum in Support filed by Dickey Couch, Sharon Couch re #13 Response/Objection (Glover, Joseph)
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Filing 13
RESPONSE filed by Dickey Couch, Sharon Couch re: #5 Motion to Dismiss for Failure to State a Claim (Glover, Joseph)
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Filing 12
Brief/Memorandum in Support filed by The Bank of New York Mellon re #11 Response/Objection (Cronenwett, Mark)
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Filing 11
RESPONSE filed by The Bank of New York Mellon re: #4 MOTION for Temporary Restraining Order (Cronenwett, Mark)
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Filing 10
ORDER re: #4 Motion for Temporary Restraining Order and #5 Motion to Dismiss: Responses due by 2/9/2024. Replies due by 2/16/2024. (Ordered by Judge Reed C. O'Connor on 2/6/2024) (bdb)
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Filing 9
NOTICE of Agreed Proposed Briefing Schedule on Plaintiffs' Brief in Support of Motion for Temporary Restraining Order, re: #8 Order Setting Deadline/Hearing, filed by The Bank of New York Mellon (Cronenwett, Mark)
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Filing 8
ORDER: The Court ORDERS the parties to confer and file a joint notice on the docket no later than February 5, 2024, outlining an agreed briefing schedule for Plaintiff's #4 Motion. (Ordered by Judge Reed C. O'Connor on 2/1/2024) (bdb)
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Filing 7
Appendix in Support filed by The Bank of New York Mellon re #5 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit(s)) (Cronenwett, Mark)
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Filing 6
Brief/Memorandum in Support filed by The Bank of New York Mellon re #5 Motion to Dismiss for Failure to State a Claim (Cronenwett, Mark)
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Filing 5
Motion to Dismiss for Failure to State a Claim filed by The Bank of New York Mellon (Attachments: #1 Proposed Order) (Cronenwett, Mark)
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Filing 4
MOTION for Temporary Restraining Order filed by Dickey Couch with Brief/Memorandum in Support. (Attachments: #1 Declaration(s), #2 Affidavit(s)) (Edmondson, Debra)
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Filing 3
New Case Notes: A filing fee has been paid. File to: Judge O Connor. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bdb)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for NovaStar Mortgage Funding Trust, Series 2005-4 NovaStar Home Equity Loan, Asset-Backed Certificates, Series 2005-4. (Clerk QC note: No affiliate entered in ECF). (Cronenwett, Mark)
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Filing 1
NOTICE OF REMOVAL filed by The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for NovaStar Mortgage Funding Trust, Series 2005-4 NovaStar Home Equity Loan, Asset-Backed Certificates, Series 2005-4. (Filing fee $405; receipt number ATXNDC-14342704) 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), #2 Cover Sheet, #3 Cover Sheet Supplement) (Cronenwett, Mark)
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