Boyer et al v. Danaher et al
Plaintiff: Harold Boyer and Susan Boyer
Defendant: Mark Cronenwett, Phillip Danaher, Select Portfolio Servicing Inc, One Main Financial and Law Firm of Mackie Wolf Zientz Mann PC
Case Number: 6:2019cv00070
Filed: October 30, 2019
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam R Cummings
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2019 Filing 24 MOTION to Vacate Judgement filed by Susan Boyer with Brief/Memorandum in Support. (Boyer, Susan)
December 16, 2019 Filing 23 NOTICE of Removal to United States District Court filed by Harold Boyer, Susan Boyer (dsr)
December 16, 2019 Opinion or Order Filing 22 JUDGMENT: For the reasons stated in the Court's Orders of even date, IT IS ORDERED, ADJUDGED, AND DECREED that the above-styled and -numbered civil action be DISMISSED. (Ordered by Senior Judge Sam R Cummings on 12/16/2019) (dsr)
December 16, 2019 Opinion or Order Filing 21 ORDER granting #6 Motion to Dismiss for Failure to State a Claim. Accordingly, the Court is of the opinion that Defendants' Motion to Dismiss should be GRANTED. It is therefore ORDERED that all claims asserted in the above-styled and -numbered civil action against OneMain Financial Services, Inc. and Select Portfolio Servicing Inc. are hereby DISMISSED. (Ordered by Senior Judge Sam R Cummings on 12/16/2019) (dsr)
December 16, 2019 Opinion or Order Filing 20 ORDER granting #11 Motion to Dismiss.... Accordingly, the Court is of the opinion that Defendants' Motion to Dismiss should be GRANTED. It is therefore ORDERED that all claims asserted in the above-styled and -numbered civil action against Philip Danaher, Mark Cronenwett and Mackie Wolf Zientz & Mann, P.C. are hereby DISMISSED. (Ordered by Senior Judge Sam R Cummings on 12/16/2019) (dsr)
December 16, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 20, 21, 22. mailed to Harold Boyer, Plaintiff. Mon Dec 16 10:20:23 CST 2019 (crt)
December 16, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 20, 21, 22. mailed to Harold Boyer, Plaintiff. Mon Dec 16 10:33:34 CST 2019 (crt)
December 10, 2019 Opinion or Order Filing 19 ORDER denying #18 Motion to Strike Defendant's Notice of Appearance from the Record. (Ordered by Senior Judge Sam R Cummings on 12/10/2019) (dsr)
December 9, 2019 Filing 18 First MOTION to Strike #11 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6),, #14 Cert. Of Interested Persons/Disclosure Statement, #12 Brief/Memorandum in Support of Motion, #13 Appendix in Support filed by Susan Boyer (Boyer, Susan)
December 4, 2019 Opinion or Order Filing 17 ORDER denying #16 Motion to Extend Time to File Response/Reply. (Ordered by Senior Judge Sam R Cummings on 12/4/2019) (dsr)
December 4, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 17. mailed to Harold Boyer, Plaintiff. Wed Dec 4 09:51:07 CST 2019 (crt)
December 3, 2019 Filing 16 MOTION for Extension of Time to File Response/Reply to #11 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6),, #6 Motion to Dismiss for Failure to State a Claim, #7 Answer to Complaint,, filed by Susan Boyer (Boyer, Susan)
December 3, 2019 Opinion or Order Filing 15 SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 3:00 p.m. on 4/1/2020. Discovery to be completed and Motions in Limine due by 3:00 p.m. on 8/30/2021. Motions for summary judgment due by 3:00 p.m. on 12/1/2020. Jury Trial set for 9/20/2021 09:00 AM in US Courthouse, Courtroom 216, 33 East Twohig Avenue, San Angelo, TX 76903-6451 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 12/3/2019) (dsr)
December 3, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 15. mailed to Harold Boyer, Plaintiff. Tue Dec 3 15:55:37 CST 2019 (crt)
November 25, 2019 Filing 14 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Phillip Danaher, Law Firm of Mackie Wolf Zientz Mann PC. (Cronenwett, Mark)
November 21, 2019 Filing 13 Appendix in Support filed by Mark Cronenwett, Phillip Danaher, Law Firm of Mackie Wolf Zientz Mann PC re #11 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6), (Attachments: #1 Exhibit(s)) (Cronenwett, Mark)
November 21, 2019 Filing 12 Brief/Memorandum in Support filed by Mark Cronenwett, Phillip Danaher, Law Firm of Mackie Wolf Zientz Mann PC re #11 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6), (Cronenwett, Mark)
November 21, 2019 Filing 11 MOTION to Dismiss Pursuant to Federal Rule 12(b)(6), filed by Mark Cronenwett, Phillip Danaher, Law Firm of Mackie Wolf Zientz Mann PC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Mark D Cronenwett added to party Mark Cronenwett(pty:dft), Attorney Mark D Cronenwett added to party Phillip Danaher(pty:dft), Attorney Mark D Cronenwett added to party Law Firm of Mackie Wolf Zientz Mann PC(pty:dft) (Cronenwett, Mark)
November 21, 2019 Opinion or Order Filing 10 ORDER granting #9 Motion for Leave to Appear without Local Counsel. (Ordered by Senior Judge Sam R Cummings on 11/21/2019) (dsr)
November 20, 2019 Filing 9 MOTION for Leave to Appear Without Local Counsel Filed Subject to Defendants' Motion to Dismiss filed by One Main Financial, Select Portfolio Servicing Inc (Attachments: #1 Proposed Order) (Hord, Michael)
November 20, 2019 Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by One Main Financial, Select Portfolio Servicing Inc. (Hord, Michael)
November 20, 2019 Filing 7 ANSWER to #1 Complaint, filed by One Main Financial, Select Portfolio Servicing Inc. 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. (Hord, Michael)
November 20, 2019 Filing 6 Motion to Dismiss for Failure to State a Claim filed by One Main Financial, Select Portfolio Servicing Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Michael Foster Hord, Jr added to party One Main Financial(pty:dft), Attorney Michael Foster Hord, Jr added to party Select Portfolio Servicing Inc(pty:dft) (Hord, Michael)
October 31, 2019 Opinion or Order Filing 5 ORDER denying #3 Motion for Temporary Restraining Order and Demand for an Emergency Hearing are Denied at this time. (Plaintiffs' request for an Injunction shall be considered after the filing of Defendants' Answers) (Ordered by Senior Judge Sam R Cummings on 10/31/2019) (dsr)
October 31, 2019 Filing 4 Summons(es) Issued as to Mark Cronenwett, Phillip Danaher, Law Firm of Mackie Wolf Zientz Mann PC, One Main Financial, Select Portfolio Servicing Inc. (dsr) Original issued Summons(es) mailed to Plaintiff on 10/31/2019 (dsr).
October 31, 2019 ***Clerk's Notice of delivery: (see NEF for details) Docket No: 5. mailed to Plaintiffs. Thu Oct 31 10:03:23 CDT 2019 (crt)
October 30, 2019 Filing 3 MOTION for Temporary Restraining Order filed by Harold Boyer, Susan Boyer with Brief/Memorandum in Support. (pnp)
October 30, 2019 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Harold Boyer, Susan Boyer. (pnp)
October 30, 2019 Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Harold Boyer, Susan Boyer. (Filing fee $400.00; Receipt number SA003833) 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 Cover Sheet) (pnp)

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Plaintiff: Harold Boyer
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Plaintiff: Susan Boyer
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Defendant: Mark Cronenwett
Represented By: Mark D Cronenwett
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Defendant: Phillip Danaher
Represented By: Mark D Cronenwett
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Defendant: Select Portfolio Servicing Inc
Represented By: Eric C Mettenbrink
Represented By: Michael Foster Hord, Jr
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Defendant: One Main Financial
Represented By: Eric C Mettenbrink
Represented By: Michael Foster Hord, Jr
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Defendant: Law Firm of Mackie Wolf Zientz Mann PC
Represented By: Mark D Cronenwett
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