Luna v. U.S. Bank, et al
| Rachel Luna |
| U.S. Bank, NA, as trustee for RCF 2 Acquisition Trust and U.S. Bank, NA |
| 4:2023cv03005 |
| August 15, 2023 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
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Filing 10
FINAL JUDGMENT. This case is dismissed without prejudice. Case terminated on October 11, 2023(Signed by Judge Sim Lake) Parties notified.(JoanDavenport, 4)
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Filing 9
MEMORANDUM OPINION AND ORDER, granting #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Signed by Judge Sim Lake) Parties notified.(JoanDavenport, 4)
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Filing 8
CLERKS NOTICE OF CANCELLATION Initial Pretrial and Scheduling Conference set for 10/13/2023 at 2:00PM is CANCELED. Parties notified, filed. (JoanDavenport, 4)
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Filing 7
ORDER - Defendant, U.S. Bank, NA, has filed a #6 Response to the Court's #5 Order issued on August 24, 2023. U.S. Bank, NA asserts that it will maintain its Motionto Dismiss. ORDERED that Plaintiff's Response due by 9/21/2023 re: #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Signed by Judge Sim Lake) Parties notified.(SheilaRAnderson, 4)
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Filing 6
STATEMENT re maintain Motion to Dismiss for consideration re: #5 Order,,, by U.S. Bank, NA, filed.(Sepulveda, Stephanie)
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Filing 5
ORDER - Defendant, U.S. Bank, NA,, has filed a #3 Motion to Dismiss. The motion seeks dismissal pursuant to Fed. R. Civ. P. 12(b)(6). The court's normal practice is to allow only one dispositive motion per party, and the court sees no reason to make an exception in this case. This practice is especially appropriate in a case like this where the moving party seeks to apply federal pleading standards to a state court petition. If U.S. Bank, NA's motion to dismiss is denied, the court will therefore not allow it to file a motion for summary judgment. If U.S. Bank, NA wishes to withdraw the motion to dismiss, the court will enter a docket control order that includes a date for motions for summary judgment. The court requests that U.S. Bank, NA inform the court of its decision by September 1, 2023. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/13/2023 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 3
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Bank, NA, filed. Motion Docket Date 9/12/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sepulveda, Stephanie)
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Filing 2
CERTIFICATE OF INTERESTED PARTIES by U.S. Bank, NA, as trustee for RCF 2 Acquisition Trust, filed.(Nunnallee, Adam)
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Filing 1
NOTICE OF REMOVAL from 152nd JD Harris County, case number 2023-40058 (Filing fee $ 402 receipt number ATXSDC-30359412) filed by U.S. Bank, NA, as trustee for RCF 2 Acquisition Trust. (Attachments: #1 Exhibit Index to Notice of Removal, #2 Exhibit A - State Court Docket Sheet (152nd Harris Cause 2023-40058, #3 Exhibit A-1 Plaintiff's Original Petition and App for Injunctive Relief and Request for Disclosures, #4 Exhibit A-2 Declaration/Verification of Rachel Luna, #5 Exhibit A-3 Temporary Restraining Order, #6 Exhibit A-4 Clerk's Certificate of Cash Deposit in Lieu of Injunction Bond Per Order of the Court, #7 Exhibit B - Appraisal District Profile, #8 Civil Cover Sheet Civil Cover Sheet, #9 Supplement Supplemental Civil Cover Sheet)(Nunnallee, Adam)
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