Preston v. New Century Mortgage Corporation et al

Justia Dockets & Filings Fifth Circuit Texas Southern District Preston v. New Century Mortgage Corporation et al

Preston v. New Century Mortgage Corporation et al

Plaintiff:	Larry Preston
Defendant:	New Century Mortgage Corporation, The Bank of New York Mellon fka The Bank of New York as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-RP2 as beneficiar, PHH Mortgage Corporation, The Bank of New York Mellon and PHH Mortgage Corporation doing business as PHH Mortgage Services
Case Number:	4:2022cv01460
Filed:	May 6, 2022
Court:	US District Court for the Southern District of Texas
Presiding Judge:	Lee H Rosenthal
Nature of Suit:	Real Property: Other
Cause of Action:	15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on October 21, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 30, 2022	Filing 14 NOTICE of Resetting. Parties notified. Initial Conference reset for 8/8/2022 at 10:00 AM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4)
June 30, 2022	Filing 13 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on June 30, 2022. The plaintiff appeared late. He was instructed on the rescheduled hearing and admonished that if he failed to appear then, the case would be dismissed. The initial conference is reset for August 8, 2022, at 10:00 a.m., by video. Failure to appear at the initial conference will be cause for dismissal. Appearances: Vincent Hess for Defts.(Court Reporter: L. Smith), filed.(leddins, 4)
June 27, 2022	Filing 12 AFFIDAVIT of Truth and Rubuttal, filed.(jdav, 4)
June 21, 2022	Filing 11 NOTICE [Certificate of Compliance with Initial Discovery Protocols for Residential Mortgage Cases] re: #3 ORDER on Initial Discovery Protocols by PHH Mortgage Corporation, The Bank of New York Mellon, filed. (Hess, Vincent)
June 16, 2022	Filing 10 NOTICE of Appearance by Robert T. Mowrey on behalf of PHH Mortgage Corporation, The Bank of New York Mellon, filed. (Mowrey, Robert)
June 16, 2022	Filing 9 REPORT of Rule 26(f) Planning Meeting by PHH Mortgage Corporation, The Bank of New York Mellon, filed. (Attachments: #1 Proposed Order)(Hess, Vincent)
June 16, 2022	Filing 8 CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, The Bank of New York Mellon, filed.(Hess, Vincent)
June 7, 2022	Filing 7 ORDER granting #6 MOTION for Extension of Time for Responses to Initial Discovery Protocols ; ( Responses due by 6/16/2022.)(Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
June 6, 2022	Filing 6 MOTION for Extension of Time for Responses to Initial Discovery Protocols by PHH Mortgage Corporation, The Bank of New York Mellon, filed. Motion Docket Date 6/27/2022. (Attachments: #1 Proposed Order)(Hess, Vincent)
June 6, 2022	Filing 5 NOTICE [Certificate of Service in Removed Action] re: #2 Order for Initial Conference, by PHH Mortgage Corporation, The Bank of New York Mellon, filed. (Hess, Vincent)
June 1, 2022	Filing 4 NOTICE of Appearance by Arthur E. Anthony on behalf of PHH Mortgage Corporation, The Bank of New York Mellon, filed. (Anthony, Arthur)
May 26, 2022	Filing 3 ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
May 26, 2022	Filing 2 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 6/30/2022 at 10:10 AM by video before Chief Judge Lee H Rosenthal. A Zoom link will be provided. (Signed by Chief Judge Lee H Rosenthal) (Attachments: #1 Supplement) Parties notified.(leddins, 4)
May 6, 2022	Filing 1 NOTICE OF REMOVAL from 125th Judicial District Court, Harris County, Texas, case number 2021-40217 (Filing fee $ 402 receipt number ATXSDC-28136936) filed by PHH Mortgage Corporation, The Bank of New York Mellon fka The Bank of New York as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-RP2 as beneficiar. (Attachments: #1 Exhibit index of matters being filed, #2 Exhibit civil cover sheet, #3 Exhibit plaintiff's original petition, application for TI and PI and requests for disclosures, #4 Exhibit notice of hearing, #5 Exhibit certificate of conference, #6 Exhibit proposed TRO, #7 Exhibit TRO, #8 Exhibit clerk's certificate of cash deposit in lieu of injunction bond per order of the Court, #9 Exhibit letter to the clerk, #10 Exhibit citations, #11 Exhibit certified mail receipts, #12 Exhibit green cards, #13 Exhibit returned mail, #14 Exhibit defendants' original answer, #15 Exhibit motion for leave to withdraw as counsel, #16 Exhibit proposed order on motion for leave to withdraw as counsel, #17 Exhibit notice of submission for motion to withdraw, #18 Exhibit order on motion, #19 Exhibit trial setting, #20 Exhibit scheduling and docket control order, #21 Exhibit order of referral for mediation, #22 Exhibit returned mail, #23 Exhibit designation of expert witness by defendants trustee and PHH, #24 Exhibit setting reminder, #25 Exhibit trial preparation order, #26 Exhibit returned mail, #27 Exhibit defendant's motion for continuance of trial, #28 Exhibit notice of hearing by submission of defendants' motion for continuance of trial, #29 Exhibit counterclaim to RFA and interrogs and production; declaration of civil violations and criminal damage claims and motion, #30 Exhibit notice of appearance of Aditi Deal, #31 Exhibit order of recusal and transfer, #32 Exhibit copy of state court docket sheet, #33 Exhibit list of all counsel of record, including addresses, telephone numbers and parties represented, #34 Exhibit assignment of deed of trust)(Hess, Vincent)

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Plaintiff: Larry Preston
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Defendant: New Century Mortgage Corporation
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Defendant: The Bank of New York Mellon fka The Bank of New York as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-RP2 as beneficiar
Represented By:	Vincent J Hess
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Defendant: PHH Mortgage Corporation
Represented By:	Vincent J Hess
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Defendant: The Bank of New York Mellon
Represented By:	Robert T Mowrey
Represented By:	Arthur E Anthony
Represented By:	Vincent J Hess
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Defendant: PHH Mortgage Corporation doing business as PHH Mortgage Services
Represented By:	Robert T Mowrey
Represented By:	Arthur E Anthony
Represented By:	Vincent J Hess
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