Kellup v. Bank of America, N.A.
| Isiah Kellup |
| Bank of America, N.A. |
| 4:2019cv04483 |
| November 14, 2019 |
| US District Court for the Southern District of Texas |
| Charles Eskridge |
| Real Property: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on January 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Minute Entry for proceedings held before Judge Charles Eskridge. STATUS CONFERENCE held on 01/16/2020. Parties present. The Court heard extensive argument on the pending motion to dismiss #3 . Plaintiff did not oppose admissibility and consideration of exhibits attached to the motion. The Court found such exhibits admissible for reasons stated on the record and in the motion. The Court took notice of a prior lawsuit filed in the Southern District of Texas by plaintiff against defendant in 2018, subject to four amended complaints, that plaintiff dismissed with prejudice. The Court found that plaintiffs current claims pertain to the same loan agreement and relate back to plaintiffs original default, which default has continued without interruption. The Court found that plaintiffs current claims arise out of the same nucleus of operative facts as the prior lawsuit. The Court ruled that all of plaintiffs claims and all requests for relief are barred by res judicata for reasons stated on the record and as stated in the motion. The Court granted the motion to dismiss #3 in its entirety and dismissed the case. Appearances: Kerry Lee Prisock f/ Plaintiff; Kathryn Buza Davis f/ Defendant(ERO:used), filed.(jengonzalez, 4) |
| Filing 14 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bank of America, N.A., filed. (Attachments: #1 Proposed Order)(Davis, Kathryn) |
| Filing 13 DESIGNATION OF EXPERT WITNESS LIST by Isiah Kellup, filed. (Attachments: #1 Exhibit Resume)(Vilt, Robert) |
| Filing 12 CERTIFICATE OF INTERESTED PARTIES by Isiah Kellup, filed.(Vilt, Robert) |
| Filing 11 INITIAL DISCLOSURES by Isiah Kellup, filed.(Vilt, Robert) |
Filing 10
ORDER Striking Document re: #9 Joint Discovery/Case Management Plan. The Court orders parties to refile their Joint Discovery/Case Management Plan by 01/13/2020. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 9 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Isiah Kellup, filed.(Vilt, Robert) |
| Filing 8 REPLY in Support of #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Bank of America, N.A.. (Davis, Kathryn) |
| Filing 7 RESPONSE in Opposition to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Isiah Kellup. (Prisock, Kerry) |
| Filing 6 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Bank of America, N.A., filed.(Davis, Kathryn) |
| Filing 5 NOTICE of Service of Rule 26 Initial Disclosures by Bank of America, N.A., filed. (Davis, Kathryn) |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/16/2020 at 09:30 AM in Courtroom 8B before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of America, N.A., filed. Motion Docket Date 12/18/2019. (Attachments: #1 Appendix, #2 Exhibit A-Stipulation of Dismissal, #3 Exhibit B-Order of Dismissal, #4 Exhibit C-1st Deed of Trust, #5 Exhibit D--2011 Loan Mod Agreement, #6 Exhibit E-2015 Loan Mod Agreement, #7 Exhibit F-2nd Deed of Trust, #8 Exhibit G-Assignment, #9 Exhibit H-Notice of Default, #10 Exhibit I-2018 Notice of Acceleration, #11 Exhibit J-2018 Lawsuit Docket, #12 Exhibit K-4th Amended Complaint, #13 Exhibit L-2019 Notice of Acceleration)(Davis, Kathryn) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Bank of America, N.A., filed.(Davis, Kathryn) |
| Filing 1 NOTICE OF REMOVAL from 284th District Court, Montgomery County, case number 19-11-14832 (Filing fee $ 400 receipt number 0541-23565850) filed by Bank of America, N.A.. (Attachments: #1 Exhibit A-State Court Documents, #2 Exhibit B-Montgomery CAD, #3 Civil Cover Sheet)(Davis, Kathryn) |
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| Defendant: Bank of America, N.A. | |
| Represented By: | Kathryn Buza Davis |
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| Plaintiff: Isiah Kellup | |
| Represented By: | Robert Clayton Vilt |
| Represented By: | Kerry Lee Prisock |
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