U.S. Bank Trust Company, National Association v. Guerra et al
| U.S. Bank Trust Company, National Association |
| Edward L. Guerra, Cynthia Denise Garcia, David Garard Guerra, Jacqueline Denise Puente-Garza, Gabriel Guerra, Joseph Alexander Guerra and Michael Richard Guerra |
| 2:2026cv00033 |
| January 28, 2026 |
| U.S. District Court for the Southern District of Texas |
| Jason B Libby |
| Nelva Gonzales Ramos |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
This docket was last retrieved on July 24, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 Letter from Cynthia D. Garcia re: Letter from Edward L. Guerra, filed. (Attachments: #1 Attachment) (mam2) |
| Filing 40 Clerk's Entry of Default against Cynthia Denise Garcia, David Garard Guerra, Gabriel Guerra, Joseph Alexander Guerra, Michael Richard Guerra, Jacqueline Denise Puente-Garza granting #33 MOTION for Entry of Default against Cynthia Denise Garcia, David Garard Guerra, Gabriel Guerra, Joseph Alexander Guerra, Michael Richard Guerra, Jacqueline Denise Puente-Garza., filed. (lmp2) |
Filing 39
ORDER denying without prejudice #37 Motion to Vacate Property; denying #38 Motion for Hearing. (Signed by Magistrate Judge Jason B Libby) Parties notified. (var2)
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| Filing 38 Request for Hearing re: #33 MOTION for Entry of Default against Cynthia Denise Garcia, David Garard Guerra, Gabriel Guerra, Joseph Alexander Guerra, Michael Richard Guerra, Jacqueline Denise Puente-Garza, #37 MOTION to Vacate by Edward L. Guerra, filed. Motions referred to Jason B Libby. Motion Docket Date 7/23/2026. (Attachments: #1 Cover Letter) (mlg2) |
| Filing 37 MOTION Request for Court Order to Vacate Property by Edward L. Guerra, filed. Motions referred to Jason B Libby. Motion Docket Date 7/23/2026. (Attachments: #1 Exhibit, #2 Envelope) (mlg2) |
Filing 36
ORDER denying without prejudice #34 Motion to Appoint.(Signed by Magistrate Judge Jason B Libby) Parties notified. (lmp2)
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| ***Set/Reset Deadlines as to #33 MOTION for Entry of Default against Cynthia Denise Garcia, David Garard Guerra, Gabriel Guerra, Joseph Alexander Guerra, Michael Richard Guerra, Jacqueline Denise Puente-Garza : Responses due by 7/1/2026. Motion Docket Date 7/7/2026. (lmp2) |
| Filing 35 CERTIFICATE OF INTERESTED PARTIES by Edward L. Guerra, filed. (Attachments: #1 Cover Letter, #2 Envelope) (lmp2) |
| Filing 34 MOTION for Appointment of Counsel by Cynthia Denise Garcia, filed. Motions referred to Jason B Libby. Motion Docket Date 7/6/2026. (var2) |
| Filing 33 MOTION for Entry of Default against Cynthia Denise Garcia, David Garard Guerra, Gabriel Guerra, Joseph Alexander Guerra, Michael Richard Guerra, Jacqueline Denise Puente-Garza by U.S. Bank Trust Company, National Association, filed. Motions referred to Jason B Libby. Motion Docket Date 7/1/2026. (Attachments: #1 Exhibit, #2 Proposed Order) (Osborne, John) |
| ***Set/Reset Deadlines/Hearings: Jury Selection/Trial set for 3/15/2027 at 08:30 AM before Judge Nelva Gonzales Ramos (lmp2) |
| 3/15/27 Bench Trial is terminated (corrected to Jury Trial). (lmp2) |
Filing 32
ORDER Denied without prejudice #28 MOTION to Vacate (Signed by Magistrate Judge Jason B Libby) Parties notified. (ntg2)
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Filing 31
SCHEDULING ORDER Jury Selection/Trial set for 3/15/2027 at 08:30 AM before Judge Nelva Gonzales Ramos. Joinder of Parties due by 7/1/2026. Pltf Expert Witness List due by 7/1/2026. Deft Expert Witness List due by 8/3/2026. Demand Letter due by 7/15/2026. Mediation due by 9/1/2026. Discovery due by 9/1/2026. Status Conference set for 10/7/2026 at 11:30 AM before Magistrate Judge Jason B Libby. Dispositive Motion Filing due by 10/1/2026. Joint Pretrial Order due by 2/18/2027. Objections due by 2/25/2027. Final Pretrial Conference set for 3/4/2027 at 09:00 AM before Judge Nelva Gonzales Ramos. (Signed by Magistrate Judge Jason B Libby) Parties notified. (lb2)
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| Minute Entry for proceedings held before Magistrate Judge Jason B Libby. INITIAL PRETRIAL CONFERENCE held on 6/9/2026. Discussion held regarding status of the case. Appearances:Edward L. Guerra. John Robert Osborne, Jr.(Digital # 10:02-10:20)(ERO:J. Marks), filed. (kwp2) |
| Filing 30 JOINT DISCOVERY/CASE MANAGEMENT PLAN by U.S. Bank Trust Company, National Association, filed. (Osborne, John) |
Filing 29
ORDER SETTING HEARING. Initial Conference reset for 6/9/2026 at 10:00 AM by video before Magistrate Judge Jason B Libby. (Signed by Magistrate Judge Jason B Libby) Parties notified. Copy of order emailed to the Briscoe Unit. Zoom link will be sent in a separate email prior to the hearing. (kwp2)
|
| Filing 28 REQUEST FOR COURT ORDER TO VACATE PROPERTY by Edward L. Guerra, filed. Motions referred to Jason B Libby. Motion Docket Date 6/1/2026. (Attachments: #1 Cover Letter, #2 Envelope) (bnc2) |
| Filing 27 AMENDED RESPONSE TO SUMMONS JOINT PRETRIAL REPORT, filed by Edward L. Guerra. (Attachments: #1 Cover Letter, #2 Envelope) (bnc2) |
| Filing 26 ACKNOWLEDGMENT OF SERVICE for Edward L. Guerra and Benita O.Guerra by Cynthia Denise Garcia re: Summons. Request to appear before Judge Libby., filed. (mam2) |
Filing 25
ORDER Answer due by 5/26/2026. Plaintiff is ORDERED to meet and confer with all answering defendants and to file a Joint Pretrial Report on or before 6/2/2026. Initial Conference set for 6/9/2026 at 10:00 AM by video before Magistrate Judge Jason B Libby (Signed by Magistrate Judge Jason B Libby) Parties notified. (ss2)
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| Minute Entry for proceedings held before Magistrate Judge Jason B Libby. INITIAL PRETRIAL CONFERENCE held on 4/22/2026. Discussion held regarding status of the case etc. Court, sua sponte, extends the deadline to file an answer to May 26. Joint report due 6/2/26. Initial Conference reset for 6/9/2026 at 10:00 AM by video before Magistrate Judge Jason B Libby. Appearances: John Robert Osborne, Jr. Defendant Edward Guerra, pro se. (Digital # 1:33-1:48)(ERO:L. Benavides), filed. (kwp2) |
Filing 24
ORDER RESETTING HEARING. Initial Conference set for 4/22/2026 at 01:30 PM by video before Magistrate Judge Jason B Libby. (Signed by Magistrate Judge Jason B Libby) Parties notified. *Zoom link will be sent in a separate email prior to the hearing* (kwp2)
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| Filing 23 RETURN of Service of SUMMONS Executed as to Joseph Alexander Guerra served on 3/31/2026, answer due 4/21/2026, filed. (Osborne, John) |
Filing 22
ORDER SETTING HEARING Initial Conference set for 4/10/2026 at 11:00 AM by Zoom before Magistrate Judge Jason B Libby (Signed by Magistrate Judge Jason B Libby) Parties notified. (gg2)
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Filing 21
ORDER granting Plaintiff's #20 Motion to Substitute Service on Joseph Alexander Guerra.(Signed by Magistrate Judge Jason B Libby) Parties notified. (cga2)
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| Filing 20 MOTION to Substitute Service on Defendant Joseph Alexander Guerra, by U.S. Bank Trust Company, National Association, filed. Motions referred to Jason B Libby. Motion Docket Date 4/10/2026. (Attachments: #1 Exhibit, #2 Proposed Order) (Osborne, John) |
| Filing 19 NOTICE of Resetting. Parties notified. Initial Conference set for 4/10/2026 at 11:00 AM by video before Magistrate Judge Jason B Libby, filed. *Zoom link will be sent in a separate email prior to the hearing* (kwp2) |
Filing 18
ORDER denying as moot #15 Motion for Leave to Proceed in forma pauperis.(Signed by Magistrate Judge Jason B Libby) Parties notified. (ntg2)
|
Filing 17
ORDER REFERRING CASE to Magistrate Judge Jason B. Libby (Signed by Judge Nelva Gonzales Ramos) Parties notified. (ntg2)
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| Filing 16 Prisoner Trust Fund Account Statement by Edward L. Guerra, filed. (lmp2) |
| Filing 15 MOTION/APPLICATION to Proceed In Forma Pauperis by Edward L. Guerra, filed. Motion Docket Date 4/1/2026. (lmp2) |
| Filing 14 Response to Summons construed as ANSWER to #1 Complaint,, by Edward L. Guerra, filed. (Attachments: #1 Cover Letter, #2 Envelope) (lmp2) |
| Filing 13 RESPONSE to #5 Order for Initial Conference - FORM, filed by Edward L. Guerra. (Attachments: #1 Cover Letter, #2 Envelope) (var2) |
| Filing 12 RETURN of Service of SUMMONS Executed as to Gabriel Guerra served on 2/16/2026, answer due 3/9/2026, filed. (Osborne, John) |
| Filing 11 RETURN of Service of SUMMONS Executed as to Cynthia Denise Garcia served on 2/10/2026, answer due 3/3/2026, filed. (Osborne, John) |
| Filing 10 RETURN of Service of SUMMONS Executed as to Jacqueline Denise Puente-Garza served on 2/9/2026, answer due 3/2/2026, filed. (Osborne, John) |
| Filing 9 RETURN of Service of SUMMONS Executed as to David Garard Guerra served on 2/10/2026, answer due 3/3/2026, filed. (Osborne, John) |
| Filing 8 RETURN of Service of SUMMONS Executed as to Michael Richard Guerra served on 2/9/2026, answer due 3/2/2026, filed. (Osborne, John) |
| Filing 7 RETURN of Service of SUMMONS Executed as to Edward L. Guerra served on 2/4/2026, answer due 2/25/2026, filed. (Osborne, John) |
| Filing 6 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed. (var2) |
Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/9/2026 at 09:00 AM before Judge Nelva Gonzales Ramos. (Signed by Judge Nelva Gonzales Ramos) Parties notified. (var2)
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| Filing 4 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (var2) |
| Referral Judge Selected: Magistrate Judge Jason B. Libby randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (var2) |
| Filing 3 Request for Issuance of Summons as to Cynthia Denise Garcia, David Garard Guerra, Edward L. Guerra, Gabriel Guerra, Joseph Alexander Guerra, Michael Richard Guerra, Jacqueline Denise Puente-Garza, filed. (Osborne, John) |
| Filing 2 CERTIFICATE OF INTERESTED PARTIES by U.S. Bank Trust Company, National Association, As Trustee, As Successor-In-Interest To U.S. Bank National Association, As Trustee, On Behalf Of The Holders Of The J.P. Morgan Mortgage Acquisition Trus, filed. (Osborne, John) |
| Filing 1 COMPLAINT against Cynthia Denise Garcia, David Garard Guerra, Edward L. Guerra, Gabriel Guerra, Joseph Alexander Guerra, Michael Richard Guerra, Jacqueline Denise Puente-Garza (Filing fee $ 405 receipt number ATXSDC-34961106) filed by U.S. Bank Trust Company, National Association, As Trustee, As Successor-In-Interest To U.S. Bank National Association, As Trustee, On Behalf Of The Holders Of The J.P. Morgan Mortgage Acquisition Trus. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (Osborne, John) |
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