Fornesa, Jr. et al v. Fifth Third Bank et al
| Cynthia Fornesa and Ricardo Fornesa, Jr. |
| Fifth Third Bank and Fifth Third Mortgage Company |
| 4:2017cv02728 |
| September 11, 2017 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Fort Bend |
| Nancy F Atlas |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.
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Filing 45
ORDER REOPENING CASE GRANTED #42 MOTION to Reinstate and to Dismiss. Case reopened on 2/10/2020(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 44 CERTIFICATE of Conference re: #42 MOTION to Reinstate and to Dismiss by Fifth Third Bank, Fifth Third Mortgage Company, filed.(Manning, Matt) |
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Filing 43
ORDER Having considered Defendants Motion to Reinstate and to Dismiss[Doc. # 42] (the Motion), the Court finds that the Motion does not contain acertificate of conference as required by Section 7(A)(2) of the Courts procedures.It is herebyORDERED that Defendants are to file a certificate of conference stating thatthey have made reasonable efforts to confer with Plaintiffs or their counsel, if any,before the Court will consider Defendants Motion further.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 42 MOTION to Reinstate and to Dismiss by Fifth Third Bank, Fifth Third Mortgage Company, filed. Motion Docket Date 2/18/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order)(Manning, Matt) |
| Filing 41 STATUS REPORT by Cynthia Fornesa, Ricardo Fornesa, Jr., filed. (Attachments: #1 Exhibit A, #2 Appendix A, #3 Continuation, #4 Exhibit B)(kpicota, 4) |
| Filing 40 JOINT STATUS REPORT by Cynthia Fornesa, Ricardo Fornesa, Jr., filed.(JenniferLongoria, 1) |
| Filing 39 JOINT STATUS REPORT by Fifth Third Bank, Fifth Third Mortgage Company, Cynthia Fornesa, Ricardo Fornesa, Jr., filed.(ckrus, 4) |
| Filing 38 STATUS REPORT by Fifth Third Bank, Fifth Third Mortgage Company, filed. (Attachments: #1 Exhibit A - Fifth Circuit Court Opinion)(Manning, Matt) |
| Filing 37 SUPPLEMENTAL Complaint to Events and Damages Since Jan. of 2018 to #36 Minute Entry Order,,,, Case Reopened,,, by Cynthia Fornesa, Ricardo Fornesa, Jr., filed. (Attachments: #1 Exhibit A-G)(pyebernetsky, 4) |
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Filing 36
MINUTE ENTRY ORDER: Show Cause held Appearances: Ricardo Fornesa, Jr./Cynthia Fornesa. Appearances: Amanda R. Laviage. Ct Reporter: ERO., Case reopened on 7/26/2018court withdraws the reference of the adversary case.This district court case is re-opened as of July 17, 2018.The complaint in the adversary preceding is dismissed as a violation of this Courts orders.Plaintiffs may file a supplemental complaint in this case (4-page limit) referring only toevents and damages since January 2018, by July 31, 2018.Defendants to inform the Court in writing regarding application of the automatic stay to theproperty in issue and status of the bankruptcy case, by August 13, 2018.This case will be administratively closed at 5pm on July 31, 2018, until the State Court caseenters final judgment, and Judge Hoyts case that is on appeal is completed.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 35 NOTICE of Appearance by Amanda R. Laviage on behalf of Fifth Third Bank, Fifth Third Mortgage Company, filed. (Laviage, Amanda) |
| Filing 34 Plaintiff's ADVISORY with the Court Showing Cause why they should not be Sanctioned by Cynthia Fornesa, Ricardo Fornesa, Jr., filed. (Attachments: #1 Exhibit A-D, #2 Exhibit E-G, #3 Exhibit H-K, #4 Exhibit L-M)(kpicota, 4) |
| ***Delivery Confirmation; delivery date(s) In transit and 7/19/2018 re: 31 Document(s) Sent, 30 Document(s) Sent, filed. (dhansen, 4) |
| Filing 32 Mail Returned Undeliverable as to Ricardo Fornesa, Jr. re: #29 Order to Show Cause,, filed. (sashabranner, 4) |
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Filing 29
ORDER TO SHOW CAUSE Show Cause Hearing set for 7/26/2018 at 03:00 PM in Courtroom 9F before Judge Nancy F Atlas Show Cause Response due by 7/25/2018(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4) (Main Document 29 replaced on 7/18/2018) (sashabranner, 4).
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| Filing 33 Report and Recommendation - Order Recommending Withdrawal of Reference. Signed on 7/17/2018 (Related document(s):5 Motion to Dismiss Adversary Proceeding) (mrios) (ShoshanaArnow, 4) (Entered: 07/18/2018) |
| Filing 28 STATUS REPORT by Fifth Third Bank, Fifth Third Mortgage Company, filed. (Attachments: #1 Exhibit A - Adversary Complaint, #2 Exhibit B - Motion to Dismiss, #3 Exhibit C - Order)(Manning, Matt) |
| Filing 27 Joint STATUS REPORT by Fifth Third Bank, Fifth Third Mortgage Company, Cynthia Fornesa, Ricardo Fornesa, Jr., filed.(thanniable, 4) |
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Filing 26
ORDER STAYING AND ADMIISTRATIVELY CLOSING CASE until all the Related Litigation is fully resolved by final judgments.Upon final resolution of the Related Litigation, either party may move the Court torestore this case to its active docket. It is furtherORDERED that the parties jointly, if possible, shall (i) provide the Courtwith an update as to the status of the Related Litigation every one hundred twenty(120) days following the date of this Order and (ii) shall notify the Court of anyrulings in the Related Litigation as promptly as practicable.. Case terminated on 1/18/2018(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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Filing 25
MINUTE ENTRY ORDER: Pretrial conference held Appearances: Ricardo Fornesa and Cynthia Fornesa. Appearances: Matt D. Manning. Ct Reporter: ERO. Plaintiff Ricardo Fornesa reported he was appearing for bothPlaintiffs, and that Cynthia Fornesa was sick. The Court permitted Mr. Fornesa to representboth Plaintiffs at this conference but explained that both individuals must be present at allfuture conferences and other proceedings because Mr. Fornesa is not an attorney.After argument heard, the Court determines that this case is duplicative of other cases filedin federal and state courts. This case therefore is administratively closed and stayed untilall other pending cases in state court and Fifth Circuit are resolved. Joint notice providingstatus must be filed promptly after rulings by any other related cases. Written order to follow.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 22 Plaintiff's PROPOSED Discovery/Case Management Plan by Cynthia Fornesa, Ricardo Fornesa, Jr., filed.(olindor, 4) |
| Filing 21 Plaintiffs' DISCLOSURE OF INTERESTED PARTIES, filed.(olindor, 4) |
| Filing 24 CERTIFICATE OF INTERESTED PARTIES by Ricardo Fornesa, Jr. and Cynthia Fornesa, filed.(klopez, 7) |
| Filing 23 PROPOSED DISCOVERY/CASE MANAGEMENT PLAN by Cynthia Fornesa, Ricardo Fornesa, Jr., filed.(dmorales, 5) |
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Filing 20
ORDER denying #19 Motion to Extend Discovery.(Signed by Judge Nancy F Atlas) Parties notified.(rguerrero, 4)
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| Filing 19 Plaintiff's MOTION to Extend Discovery by Cynthia Fornesa, Ricardo Fornesa, Jr., filed. Motion Docket Date 1/12/2018. (Attachments: #1 Proposed Order)(sgonzalez, 5) |
| Filing 18 Minute Entry for proceedings held before Judge Nancy F Atlas. Initial PRETRIAL CONFERENCE held on 12/18/2017. No appearance by Plaintiffs in spite of the fact they likely receivednotice of this conference upon filing of the original complaint. Pretrial Conference set for 1/16/2018 at 11:00 AM in Courtroom 9F before Judge Nancy F Atlas Appearances: Matt D. Manning.(ERO:Yes), filed.(rguerrero, 4) |
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Filing 17
ORDER granting #16 Motion for Leave to File.Plaintiffs aredirected to file the First Amended Petition, which is included as an attachment tothe Motion, as a separate docket entry.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 16 MOTION for Leave to File First Amended Petition by Ricardo Fornesa, Jr., filed. Motion Docket Date 1/2/2018. (cvillegas, 7) (Additional attachment(s) added on 12/13/2017: #1 Proposed Order, #2 Amended Petition) (cvillegas, 7). |
| Filing 15 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fifth Third Bank, Fifth Third Mortgage Company, filed.(Manning, Matt) |
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Filing 14
MEMORANDUM AND ORDER DENIED #5 MOTION to Remand (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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Filing 13
ORDER granting #12 Motion to Disqualify. Judge Palermo has recused herself from this case. (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4)
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| Filing 12 Motion to Disqualify Referral of All Matters to Magistrate Judge Dena Palermo and to Remand to State Court filed by Cynthia Fornesa, Ricardo Fornesa, Jr. Motions referred to Dena Hanovice Palermo. Motion Docket Date 12/20/2017. (Attachments: #1 Proposed Order) (yhausmann, 6) |
| Filing 11 Certified Mail Receipt Returned, executed on not listed re: Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (mxperez, 5) |
| ***Delivery Confirmation; delivery date(s) 11/20/2017 Notice Left - no authorized recipient available re: Document(s) Sent, filed. (dhansen, 4) |
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Filing 10
ORDER Concerning Potential Disqualification (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified.(dhansen, 4)
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Filing 9
ORDER REFERRING CASE to Magistrate Magistrate Judge Dena Hanovice Palermo(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 8 REPLY in Opposition to #6 RESPONSE to 5 MOTION to Remand , filed by Cynthia Fornesa, Ricardo Fornesa, Jr.. (jengonzalez, 7) |
| Filing 7 SUPPLEMENT to #6 Response to Motion by Fifth Third Bank, Fifth Third Mortgage Company, filed. (Attachments: #1 Exhibit A - Deed of Trust, #2 Exhibit B - Foreclosure Sale Deed)(Manning, Matt) |
| Filing 6 RESPONSE to #5 MOTION to Remand filed by Fifth Third Bank, Fifth Third Mortgage Company. (Attachments: #1 Proposed Order)(Manning, Matt) |
| Filing 5 MOTION to Remand by Cynthia Fornesa, Ricardo Fornesa, Jr., filed. Motion Docket Date 10/24/2017. (Attachments: #1 Exhibit, #2 Proposed Order)(thanniable, 4) |
| Filing 4 Certificate of Service in Removed Action by Fifth Third Bank, Fifth Third Mortgage Company, filed.(Manning, Matt) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/18/2017 at 01:30 PM in Courtroom 9F before Judge Nancy F Atlas. (Signed by Judge Nancy F Atlas) Parties notified.(hcarradi, 4)
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| Filing 2 CORPORATE DISCLOSURE STATEMENT by Fifth Third Bank, Fifth Third Mortgage Company, filed.(Manning, Matt) |
| Filing 1 NOTICE OF REMOVAL from 240th Fort Bend County, case number 17-DCV-244208 (Filing fee $ 400 receipt number 0541-18899131) filed by Fifth Third Mortgage Company, Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Manning, Matt) |
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