Black v. Shellpoint Mortgage Servicing et al
| J.B. Black, Shellpoint Mortgage Servicing, Wilmington Saving Fund Society, FSB and Does 1 to 5 |
| 4:2023cv02343 |
| June 26, 2023 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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| Document Text |
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| Filing 21 CERTIFICATE of Conference re: #19 MOTION to Consolidate Lead Case No. 4:23-cv-02343 and Member Case No. 4:23-cv-02783 by Shellpoint Mortgage Servicing, filed.(Jennings, William) |
| Filing 20 CERTIFICATE of Conference re: #19 MOTION to Consolidate Lead Case No. 4:23-cv-02343 and Member Case No. 4:23-cv-02783 by Shellpoint Mortgage Servicing, filed.(Jennings, William) |
| Filing 19 MOTION to Consolidate Lead Case No. 4:23-cv-02343 and Member Case No. 4:23-cv-02783 by Shellpoint Mortgage Servicing, filed. Motion Docket Date 8/24/2023. (Attachments: #1 Proposed Order Proposed order to consolidate cases)(Jennings, William) |
| Filing 18 RESPONSE in Opposition to #13 MOTION in Opposition to Deft's Motion to Dismiss, filed by Wilmington Saving Fund Society, FSB. (Jennings, William) |
| Filing 17 REPLY in Support of #11 MOTION to Dismiss , filed by Wilmington Saving Fund Society, FSB. (Jennings, William) |
Filing 16
ORDER - the court concludes that Plaintiff's #6 Motion to Remand and #7 Motion to Remand should be and are hereby DENIED because this action was timely and appropriately removed to this court based on diversity jurisdiction. Plaintiff seeks a temporary restraining order to prevent a July 5, 2023, foreclosure sale. On June 28, 2023, plaintiff filed a Chapter 13 bankruptcy case in this court (Case No. 23-32349, assigned to Judge Christopher M. Lopez). Although the bankruptcy case was dismissed on July 14, 2023, the automatic bankruptcy stay prevented the July 5, 2023, foreclosure sale. Since plaintiff no longer faces the likelihood of irreparable injury, #4 AMENDED PETITION for Declaratory Judgment and Application for Temporary Restraining Order and Injunctive Relief and #5 AMENDED MOTION for Temporary Restraining Order are DENIED. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 15 AFFIDAVIT of Shannon Bush re: #14 Response in Opposition to Motion,, filed.(Jennings, William) |
| Filing 14 RESPONSE in Opposition to #7 MOTION to Remand, #6 MOTION to Remand, filed by Shellpoint Mortgage Servicing. (Attachments: #1 Exhibit Exhibit, #2 Exhibit Exhibit, #3 Exhibit Exhibit, #4 Exhibit Exhibit, #5 Exhibit Exhibit, #6 Proposed Order Exhibit)(Jennings, William) |
| Filing 13 RESPONSE in Opposition to Deft's Motion to Dismiss by J.B. Black, filed. Motion Docket Date 8/10/2023. (HortenciaLerma, 4) |
| Filing 12 RESPONSE in Opposition to #5 MOTION for Temporary Restraining Order, filed by Shellpoint Mortgage Servicing. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Proposed Order)(Jennings, William) |
| Filing 11 MOTION to Dismiss by Wilmington Saving Fund Society, FSB, filed. Motion Docket Date 8/7/2023. (Attachments: #1 Proposed Order)(Jennings, William) |
| Filing 10 ANSWER to #4 Amended Complaint/Counterclaim/Crossclaim etc., by Shellpoint Mortgage Servicing, filed.(Jennings, William) |
| Filing 9 CERTIFICATE OF SERVICE IN A REMOVED ACTION by Shellpoint Mortgage Servicing, filed.(Jennings, William) |
| Filing 8 CERTIFICATE OF INTERESTED PARTIES by Shellpoint Mortgage Servicing, filed.(Jennings, William) |
| Filing 7 MOTION to Remand by J.B. Black, filed. Motion Docket Date 7/26/2023. (Attachments: #1 Proposed Order) (ClaudiaGutierrez, 4) |
| Filing 5 AMENDED PETITION for Declaratory Judgment and Application for Temporary Restraining Order and Injunctive Relief filed by J.B. Black. Related document: 1 Notice of Removal, filed by Shellpoint Mortgage Servicing.. Motion Docket Date 7/26/2023. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Temporary Restraining Order)This document is a duplicate of #4 ; this entry was made for case management purposes.(RebeccaBecknal, 4) |
| Filing 4 AMENDED PETITION for Declaratory Judgment and Application for Temporary Restraining Order and Injunctive Relief filed by J.B. Black. Related document: #1 Notice of Removal, filed by Shellpoint Mortgage Servicing. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Temporary Restraining Order)(RebeccaBecknal, 4) |
| Filing 6 MOTION to Remand by J.B. Black, filed. Motion Docket Date 7/24/2023. (Attachments: #1 Proposed Order) (ClaudiaGutierrez, 4) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/22/2023 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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| Filing 2 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (AkeitaMichael, 4) |
| Filing 1 NOTICE OF REMOVAL from 125th district court, case number 202333879 (Filing fee $ 402 receipt number ATXSDC-30115975) filed by Shellpoint Mortgage Servicing. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C1, #4 Exhibit C2, #5 Exhibit C3, #6 Exhibit C4, #7 Exhibit C5, #8 Exhibit C6, #9 Exhibit C7, #10 Exhibit C8, #11 Exhibit C9, #12 Exhibit D, #13 Exhibit D1, #14 Exhibit E, #15 Exhibit F, #16 Exhibit G, #17 Civil Cover Sheet Civil Cover Sheet)(Jennings, William) |
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