Molinar-Owens v. Fifth Third Mortgage Company et al
Plaintiff: Santos Molinar-Owens
Defendant: Secretary of the U.S. Department of Veteran Affairs, Fifth Third Mortgage Company and Fifth Third Mortgage Company doing business as Fifth Third Mortgage Company
Case Number: 5:2020cv00751
Filed: June 25, 2020
Court: US District Court for the Western District of Texas
Presiding Judge: Xavier Rodriguez
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2021 Filing 30 Sur-reply to Motion, filed by Fifth Third Mortgage Company, re #26 MOTION for Summary Judgment filed by Defendant Fifth Third Mortgage Company (Manning, Matt)
September 17, 2021 Opinion or Order Filing 29 AMENDED SCHEDULING ORDER: Bench Trial set for 1/24/2022 10:30 AM before Judge Xavier Rodriguez, Final Pretrial Conference set for 1/12/2022 10:30 AM before Judge Xavier Rodriguez,. Signed by Judge Xavier Rodriguez. (mgr)
September 17, 2021 Opinion or Order Text Order GRANTING #28 Motion for Extension of Time to File Response/Reply entered by Judge Xavier Rodriguez. Defendant's deadline to file a reply in support of its Motion for Summary Judgment is September 26, 2021.(This is a text-only entry generated by the court. There is no document associated with this entry.) (ldox)
September 16, 2021 Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Summary Judgment by Fifth Third Mortgage Company. (Attachments: #1 Proposed Order)(Manning, Matt)
September 9, 2021 Filing 27 RESPONSE to Motion, filed by Santos Molinar-Owens, re #26 MOTION for Summary Judgment filed by Defendant Fifth Third Mortgage Company (Attachments: #1 Proposed Order)(Deadman, Glenn)
August 26, 2021 Filing 26 MOTION for Summary Judgment by Fifth Third Mortgage Company. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit B, #10 Exhibit B-1, #11 Exhibit C, #12 Exhibit D, #13 Exhibit D-1, #14 Proposed Order)(Manning, Matt)
August 20, 2021 Filing 25 Pretrial Disclosures by Fifth Third Mortgage Company. (Manning, Matt)
July 20, 2021 Filing 24 MOTION to Substitute Attorney by Fifth Third Mortgage Company. (Attachments: #1 Proposed Order)(DeVries, Greg)
July 20, 2021 Opinion or Order Text Order GRANTING #24 Motion to Substitute Attorney entered by Judge Xavier Rodriguez. Attorney Greg S. DeVries is substituted for Daniel P. Troiano as counsel for Plaintiffs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
March 24, 2021 Filing 23 Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 3/24/2021 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(mgr)
March 24, 2021 Opinion or Order Text Order GRANTING #15 Motion to Dismiss for Failure to State a Claim entered by Judge Xavier Rodriguez. As stated in open court, all claims against Defendant Secretary of the U.S. Department of Veteran Affairs are DISMISSED WITHOUT PREJUDICE to refiling. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
February 22, 2021 Notice of Correction:***NOTIFIED COUNSEL THAT THE ENTRY WAS EDITED TO REMOVE THE MOTION STATUS AND REFLECT AS THE TITLED DOCUMENT*** re #16 Motion to Dismiss for Failure to State a Claim in Support of Motion to Dismiss, #18 MOTION to Dismiss . (mgr)
February 18, 2021 Opinion or Order Filing 22 ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS ( Status Conference set for 3/24/2021 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (mgr)
February 18, 2021 Filing 20 STATUS REPORT by Fifth Third Mortgage Company. (Troiano, Daniel)
February 18, 2021 Filing 19 Scheduling Recommendations by Fifth Third Mortgage Company. (Troiano, Daniel)
February 12, 2021 Filing 18 Response to #15 MOTION to Dismiss by Santos Molinar-Owens. (Deadman, Glenn) Modified on 2/22/2021, to edit text (mgr).
February 5, 2021 Filing 17 ANSWER to #5 Amended Complaint by Fifth Third Mortgage Company.(Troiano, Daniel)
February 4, 2021 Opinion or Order Filing 21 SCHEDULING ORDER: Bench Trial set for 1/3/2022 10:30 AM before Judge Xavier Rodriguez, Pretrial Conference set for 12/23/2021 10:30 AM before Judge Xavier Rodriguez, ADR Report Deadline due by 9/3/2021, Amended Pleadings due by 4/20/2021, Discovery due by 8/20/2021, Motions due by 9/27/2021,. Signed by Judge Xavier Rodriguez. (mgr)
February 2, 2021 Filing 16 Memorandum in Support in #15 of Motion to Dismiss by Secretary of the U.S. Department of Veteran Affairs. (Attachments: #1 Exhibit Deed of Trust, #2 Exhibit Foreclosure Deed, #3 Exhibit Warranty Deed, #4 Exhibit Justice Court Judgment, #5 Exhibit Deed Without Warranty, #6 Proposed Order)(Ferguson, Christopher) Modified on 2/22/2021, to edit text (mgr).
February 2, 2021 Filing 15 Motion to Dismiss for Failure to State a Claim by Secretary of the U.S. Department of Veteran Affairs. (Ferguson, Christopher)
January 21, 2021 Opinion or Order Filing 14 ORDER REOPENING CASE, ( Scheduling Recommendations/Proposed Scheduling Order due by 2/19/2021,). Signed by Judge Xavier Rodriguez. (mgr)
November 25, 2020 Filing 13 NOTICE /Advisory to the Court and Request to Lift Stay and Enter Scheduling Order pursuant to #12 Order by Fifth Third Mortgage Company re #12 Order (Troiano, Daniel)
September 24, 2020 Opinion or Order Filing 12 ORDER -The parties shall, no later than November 27, 2020, submit a stipulation of dismissal or an agreed judgment and any appropriate supporting documents.. Signed by Judge Xavier Rodriguez. (mgr)
September 23, 2020 Filing 11 Agreed MOTION to Stay Case / AGREED MOTION TO EXTEND STAY/ABATEMENT by Fifth Third Mortgage Company. (Attachments: #1 Proposed Order)(Troiano, Daniel)
July 30, 2020 Opinion or Order Filing 10 ORDER STAYING CASE The parties shall, no later than September 28, 2020, submit a stipulation of dismissal or an agreed judgment and any appropriate supporting documents. See FED. R. CIV. P. 41.. Signed by Judge Xavier Rodriguez. (mgr)
July 29, 2020 Filing 9 ADVISORY TO THE COURT by Santos Molinar-Owens. (Attachments: #1 Proposed Order)(Deadman, Glenn)
July 17, 2020 Reset Deadlines: Secretary of the U.S. Department of Veteran Affairs answer due 8/24/2020. (mgr)
July 17, 2020 Filing 8 Unopposed MOTION for Extension of Time to File Answer re #5 Amended Complaint by Fifth Third Mortgage Company. (Attachments: #1 Proposed Order)(Troiano, Daniel)
July 17, 2020 Opinion or Order Text Order GRANTING #8 Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)
July 16, 2020 Filing 7 NOTICE of Attorney Appearance by Travis H. Gray on behalf of Secretary of the U.S. Department of Veteran Affairs. Attorney Travis H. Gray added to party Secretary of the U.S. Department of Veteran Affairs(pty:dft) (Gray, Travis)
July 13, 2020 Filing 6 Summons Issued as to Secretary of the U.S. Department of Veteran Affairs. (mgr)
July 10, 2020 Filing 5 AMENDED COMPLAINT Plaintiff's First Amended Original Petition For Wrongful Foreclosure Application For Injunction against All Defendants amending, filed by Santos Molinar-Owens.(Deadman, Glenn)
July 8, 2020 Opinion or Order Filing 4 ORDER AND ADVISORY ( Scheduling Recommendations/Proposed Scheduling Order due by 8/7/2020,). Signed by Judge Xavier Rodriguez. (mgr)
June 25, 2020 Filing 3 Certificate of Interested Parties by Fifth Third Mortgage Company. (Manning, Matt)
June 25, 2020 Filing 2 RULE 7 DISCLOSURE STATEMENT filed by Fifth Third Mortgage Company. (Manning, Matt)
June 25, 2020 Filing 1 NOTICE OF REMOVAL by Fifth Third Mortgage Company (Filing fee $400 receipt number 0542-13699843), filed by Fifth Third Mortgage Company. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - CAD Detail, #3 Civil Cover Sheet, #4 Supplement Cover Sheet)(Troiano, Daniel)
June 25, 2020 Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mgr)
June 25, 2020 If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (mgr)

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Defendant: Secretary of the U.S. Department of Veteran Affairs
Represented By: Travis H. Gray
Represented By: Christopher S. Ferguson
Represented By: John James (Jack) O'Boyle, Jr.
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Defendant: Fifth Third Mortgage Company
Represented By: Matt Delmore Manning
Represented By: Daniel P. Troiano
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Defendant: Fifth Third Mortgage Company doing business as Fifth Third Mortgage Company
Represented By: Matt Delmore Manning
Represented By: Daniel P. Troiano
Represented By: Greg DeVries
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Plaintiff: Santos Molinar-Owens
Represented By: Glenn J. Deadman
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