Dawson v. The Bank of New York Mellon fka The Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2006-SD1 et al
| Carolyn R. Dawson |
| The Bank of New York Mellon fka The Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2006-SD1, Shellpoint Mortgage, LLC and The Bank of New York Mellon |
| 4:2018cv02846 |
| August 17, 2018 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Fort Bend |
| Lynn N Hughes |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on October 11, 2018. A more recent docket listing may be available from PACER.
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| Filing 25 DKT13 TRANSCRIPT ORDER REQUEST by Carolyn Dawson. This is to order a transcript of Initial Conference on 9/18/2018. Court Reporter/Transcriber: Kathy Metzger. This order form relates to the following: #11 Pretrial Conference, filed.(gkelner, 4) |
| Filing 24 MOTION for Leave to Appeal in forma pauperis by Carolyn R. Dawson, filed. Motion Docket Date 11/1/2018. (Attachments: #1 Proposed Order)(gkelner, 4) |
| Filing 23 Notice of Non-Compliance. Appellant has failed to: Pay the notice of appeal filing fee. Submit the DKT13 transcript order form. Parties notified, filed. (JenniferLongoria, 1) |
| Notice of Assignment of USCA No. 18-20657 re: #17 Notice of Appeal, filed.(dnoriega, 1) |
Filing 22
Management ORDER. Dawson's requests to withdraw her appeal and for interlocutory appeal are denied for lack of jurisdiction #19 , #20 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 21 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #20 MOTION for Leave to Appeal. Fee status: Not Paid. Reporter(s): K. Metzger, filed. (dnoriega, 1) |
| Appeal Review Notes re: #17 Notice of Appeal. Fee status: Not Paid. The appeal filing fee has not been paid, and appellant is a pro se litigant.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(dnoriega, 1) |
| Filing 20 MOTION for Permission to File Application for Interlocutory Appeal by Carolyn R. Dawson, filed. Motion Docket Date 10/19/2018. (Attachments: #1 Proposed Order, #2 Application)(dperez, 3) |
| Filing 19 MOTION to Withdraw #17 Notice of Appeal by Carolyn R. Dawson, filed. Motion Docket Date 10/19/2018. (agould, 3) |
| Filing 18 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #17 Notice of Appeal. Fee status: Not Paid. Reporter(s): K. Metzger, filed. (dnoriega, 1) |
| Appeal Review Notes re: #17 Notice of Appeal. Fee status: Not Paid. The appeal filing fee has not been paid, and appellant is a pro se litigant.Hearings were held in the case - transcripts were produced. Number of DKT-13 Forms expected: 1, filed.(dnoriega, 1) |
| Filing 17 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #10 Order by Carolyn R. Dawson, filed.(lrivera, 2) |
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Filing 16
Partial JUDGMENT. 1. By 10/8/18, Carolyn Dawson and all other occupants must vacate the property. 2. Beginning 10/9/18, the Bank of New York Mellon may evict Dawson. 3. Dawson is enjoined from violating the property. 4. Dawson is enjoined from filing another lawsuit about this property. 5. If Dawson or another occupant violates this order, she will be held in coercive or criminal contempt, either's punishment being confinement not to exceed qo days. 6. Once she has vacated the property, Dawson's suit will be dismissed with prejudice. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
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Filing 15
Opinion on Detainer and Obedience. Despite this court's 2014 preclusion order, Carolyn Dawson filed another lawsuit about her Missouri City, Texas, property. Dawson's lawsuits have not stopped. Since that order, Dawson has filed four lawsuits, none being meritorious. Rather than paying her mortgage, Dawson files empty lawsuits to prevent foreclosure. Dawson signed a valid deed of trust. She accepted the money and used it to purchase the house. She defaulted in 2014 and has not paid the principal, interest, or taxes since. The Bank of New York Mellon foreclosed its lien in August 2018. At the foreclosure sale, New York Mellon bought the property. Dawson has no right to remain. Dawson must vacate the premises. If she does not, New York Mellon mayinstitute eviction proceedings. Once she has vacated the land, Dawson's suit will be dismissed with prejudice. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
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Filing 14
ORDER on Annoyance. Despite the numerous admonitions given to Carolyn Dawson not more than twenty-four hours ago, she has again disregarded this court's instructions. Dawson may not use the court, especially the case manager, as a crying shoulder or her counselor. Telephone calls will be ignored or politely concluded and emails will be deleted. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
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| Filing 13 E-MAIL from Carolyn Dawson re: wrongful foreclosure, filed. (ghassan, 4) |
| Filing 12 E-MAIL from Carolyn Dawson re: hearing, filed. (ghassan, 4) |
| Filing 11 Minute Entry for INITIAL CONFERENCE held before Judge Lynn N Hughes on 9/18/2018. Order to be entered. Appearances: Carolyn Dawson, Alysia Carlson. (Court Reporter: K. Metzger) (ghassan, 4) |
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Filing 10
Management ORDER. Defying this court's preclusion order, Dawson seeks to congest this court with another frivolous suit. Dawson's motion for leave is denied #8 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 8 MOTION for Leave to File Amended Complaint by Carolyn R. Dawson, filed. Motion Docket Date 10/1/2018. (Attachments: #1 Proposed Order, #2 Exhibit - Amended Complaint)(jguajardo, 4) |
| Filing 9 PROPOSED ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY/PERMANENT INJUNCTION, filed.(dperez, 3) |
| Filing 7 Plaintiff's RESPONSE to #6 MOTION to Dismiss , filed by Carolyn R. Dawson. (nortiz, 5) |
| Filing 6 MOTION to Dismiss by Shellpoint Mortgage, LLC, The Bank of New York Mellon, filed. Motion Docket Date 9/25/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Townsend, C) |
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Filing 5
Order: Initial Conference set for 9/18/2018 at 02:30 PM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
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| Filing 4 NOTICE in a Removed or Transferred Case (Signed by Judge Lynn N Hughes) Parties notified.(JenniferOlsonadi, 4) |
| Filing 3 Plaintiff's RESPONSE to Defendant's Notice of Removal to Federal Court. Re: #1 Notice of Removal,, filed by Carolyn R. Dawson. (jguajardo, 4) |
| Filing 2 CERTIFICATE OF INTERESTED PARTIES by Shellpoint Mortgage, LLC, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2006-SD1, filed.(Townsend, C) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0541-20687551) filed by Shellpoint Mortgage, LLC, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2006-SD1. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14)(Townsend, C) |
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| Defendant: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Benefit of the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2006-SD1 | |
| Represented By: | C Charles Townsend |
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| Defendant: Shellpoint Mortgage, LLC | |
| Represented By: | C Charles Townsend |
| Represented By: | Alysia Nicole Carlson |
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| Defendant: The Bank of New York Mellon | |
| Represented By: | C Charles Townsend |
| Represented By: | Alysia Nicole Carlson |
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| Plaintiff: Carolyn R. Dawson | |
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