Rodriguez et al v. U.S. Bank, N.A.
| Marina Rodriguez and Brian Rodriguez |
| U.S. Bank, N.A. |
| 5:2012cv00345 |
| April 16, 2012 |
| US District Court for the Western District of Texas |
| San Antonio Office |
| Xavier Rodriguez |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
70
ORDER DENYING 68 Motion for New Trial Signed by Judge Xavier Rodriguez. (wg)
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Filing
66
ORDER GRANTING 58 Defendants' Motion for Summary Judgment; DENYING 59 Plaintiffs' Motion for Summary Judgment. There being no remaining issues, the Clerk is directed to CLOSE this case and issue a judgment that Plaintiffs take nothing on their claims which are hereby DISMISSED ON THE MERITS. Defendant is awarded costs of court and shall file a Bill of Costs in accordance with the local rules. Signed by Judge Xavier Rodriguez. (kh)
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Filing
55
ORDER GRANTING IN PART AND DENYING IN PART 46 Defendant's Motion for Summary Judgment. Defendant's motion for summary judgment is granted with respect to Plaintiffs' causes of action for violation of the U.C.C., violation of Chapte r 12 of the Texas Civil Practice and Remedies Code, and breach of contract. Accordingly, those three causes of action are dismissed. Defendant's motion for summary judgment is granted in part and denied in part with respect to Plaintiffs' ; cause of action to quiet title. Defendant's motion for summary judgment is denied with respect to Plaintiffs' claim to quiet title insofar as the Court cannot find from the current record that the foreclosure sale was valid because the re is no evidence that Plaintiffs were sent notices of default by certified mail in compliance with section 51.002(d) of the Texas Property Code. Defendant's motion for summary judgment on Plaintiffs' cause of action to quiet title is gra nted in all other respects. The sole issue remaining in this case is whether Defendant sent Plaintiffs notices of default by certified mail in compliance with section 51.002(d) of the Texas Property Code. Either party may file a motion for summary judgment on the issue by no later than July 3, 2013. Signed by Judge Xavier Rodriguez. (kh)
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