Portillo et al v. CAM XV TRUST et al
Maria Castro Portillo, Julio Cesar Portillo and Julio Cesar Portillo, Jr. |
BSI Fianancial Services, Inc., CAM XV TRUST, Travis Gray, Robert Valdespino, Chris Ferguson, Jack O'Boyle & Associates and Jack O'Boyle |
BSI Financial Services, Inc. |
5:2020cv00932 |
August 10, 2020 |
US District Court for the Western District of Texas |
David A Ezra |
Real Property: Foreclosure |
28 U.S.C. § 1441 Petition for Removal - Foreclosure |
None |
Docket Report
This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 20 Letter of transmittal from USCA received for #13 Notice of Appeal, filed by Julio Cesar Portillo, Jr., Maria Castro Portillo.***The court has denied appellants motion to reinstate the appeal. The court has denied an extension of time to filing appellant's brief, record excerpts, and all other motions in this case.*** (dtg) |
Filing 19 Certified copy of USCA JUDGMENT/MANDATE Dismissing #13 Notice of Appeal (E-Filed), filed by Julio Cesar Portillo, Jr., Maria Castro Portillo, Notice of Appeal, filed by Julio Cesar Portillo, Jr., Maria Castro Portillo.***CLERK'S OFFICE: Under 5TH Cir. R. 42.3, the appeal is dismissed as of June 14, 2021, for want of prosecution. The appellants failed to timely file the appellants brief and record excerpts.*** (Attachments: #1 TRANSMITTAL LETTER FROM USCA5)(dtg) |
Filing 18 ORDER DENYING #14 Motion to Stay Signed by Judge David A. Ezra. (mgr) |
Certification of the Electronic Record on Appeal USCA #21-50281 has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (nm) |
Filing 17 TRANSCRIPT REQUEST by Julio Cesar Portillo, Jr, Maria Castro Portillo. (House, Artessia) Modified TEXT on 4/15/2021 (dtg).***NO HEARINGS.*** |
Filing 16 RESPONSE PETITIONERS REPLY TO RESPONDENTS RESPONSES TO MOTION FOR A STAY OF ORDER OF MARCH 22, 2021 AND MARCH 23, 2021 (Dkts. 10, 12.) PENDING APPEAL; MEMORANDUM OF POINTS AND AUTHORITIES to #15 Response to Motion, by Julio Cesar Portillo, Jr, Maria Castro Portillo. (House, Artessia) |
Filing 15 RESPONSE to Motion, filed by BSI Fianancial Services, Inc., BSI Financial Services, Inc., CAM XV TRUST, Chris Ferguson, Travis Gray, Jack O'Boyle & Associates, Jack O'Boyle, Robert Valdespino, re #14 MOTION to Stay ORDER OF MARCH 22, 2021 AND MARCH 22, 2021 (Dkts. 10, 12.) PENDING APPEAL; MEMORANDUM OF POINTS AND AUTHORITIES filed by Julio Cesar Portillo, Jr., Maria Castro Portillo (Attachments: #1 Proposed Order)(Ferguson, Christopher) |
NOTICE OF APPEAL following #13 Notice of Appeal (E-Filed), by Julio Cesar Portillo, Jr, Maria Castro Portillo. Filing fee $ 505, receipt number 0542-14666550. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a #(Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (bc) |
Filing 14 MOTION to Stay ORDER OF MARCH 22, 2021 AND MARCH 22, 2021 (Dkts. 10, 12.) PENDING APPEAL; MEMORANDUM OF POINTS AND AUTHORITIES by Julio Cesar Portillo, Jr, Maria Castro Portillo. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order)(House, Artessia) |
Filing 13 Appeal of Final Judgment #12 , #10 by Julio Cesar Portillo, Jr, Maria Castro Portillo.Notice of Appeal ( Filing fee $ 505 receipt number 0542-14666550) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(House, Artessia) |
Filing 12 AMENDED ORDER (1) GRANTING MOTION FOR SUMMARY JUDGMENT; (2) DISMISSING PLAINTIFFS CLAIMS; AND (3) GRANTING REQUEST FOR WRIT OF POSSESSION re #10 Order on Motion for Summary Judgment,. Signed by Judge David A. Ezra. (mgr) |
Filing 11 CLERK'S JUDGMENT (mgr) |
Filing 10 ORDER GRANTING #7 Motion for Summary Judgment. the Court GRANTS Defendants Motion for Summary Judgment (Dkt. # 7) and DISMISSES Plaintiffs claims WITHPREJUDICE. The Court INSTRUCTS the Clerks Office to ENTER JUDGMENT for Defendants on Plaintiffs claims and Defendants counterclaim forjudicial foreclosure and include a WRIT OF POSSESSION. The Clerks Office isfurther INSTRUCTED to CLOSE THIS CASE Signed by Judge David A. Ezra. (mgr) |
Filing 9 REPLY to Response to Motion, filed by BSI Fianancial Services, Inc., BSI Financial Services, Inc., CAM XV TRUST, Chris Ferguson, Travis Gray, Jack O'Boyle & Associates, Jack O'Boyle, Robert Valdespino, re #7 MOTION for Summary Judgment FINAL filed by Defendant BSI Fianancial Services, Inc., CAM XV TRUST, Defendant Travis Gray, Defendant Robert Valdespino, Defendant Jack O'Boyle & Associates, Defendant Chris Ferguson, Counter Plaintiff BSI Financial Services, Inc., Defendant Jack O'Boyle (Ferguson, Christopher) |
Filing 8 Response in Opposition to Motion, filed by Julio Cesar Portillo, Jr, Maria Castro Portillo, re #7 MOTION for Summary Judgment FINAL filed by Defendant BSI Fianancial Services, Inc., CAM XV TRUST, Defendant Travis Gray, Defendant Robert Valdespino, Defendant Jack O'Boyle & Associates, Defendant Chris Ferguson, Counter Plaintiff BSI Financial Services, Inc., Defendant Jack O'Boyle (Attachments: #1 Exhibit PROMISSORY NOTE, #2 Exhibit ASSIGNMENT OF DEED OF TRUST, #3 Exhibit CORPORATE ASSIGNMENT OF DEED OF TRUST, #4 Exhibit CORPORATE ASSIGNMENT OF DEED OF TRUST, #5 Exhibit NOTICE OF DEFAULT, #6 Exhibit Affidavit of Julio Cesar Portillo, Jr., #7 Exhibit Affidavit of Maria F. Castro)(House, Artessia) |
Filing 7 MOTION for Summary Judgment FINAL by BSI Fianancial Services, Inc., BSI Financial Services, Inc., CAM XV TRUST, Chris Ferguson, Travis Gray, Jack O'Boyle & Associates, Jack O'Boyle, Robert Valdespino. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Limited Power of Attorney, #3 Exhibit General Warranty Deed, #4 Exhibit Promissory Note, #5 Exhibit Deed of Trust, #6 Exhibit Assignment Chain, #7 Exhibit Notice of Default, #8 Exhibit Application for HE Foreclosure, #9 Exhibit Order Granting Application, #10 Exhibit Reinstatement Quote, #11 Exhibit Payoff Quote, #12 Proposed Order Proposed Order, #13 Proposed Order Proposed Final Judgment)(Ferguson, Christopher) |
Filing 6 SCHEDULING ORDER: ADR Report Deadline due by 11/11/2020, Amended Pleadings due by 12/11/2020, Discovery due by 2/11/2021, Motions due by 3/11/2021,. Signed by Judge David A. Ezra. (mgr) |
Filing 5 Scheduling Recommendations by BSI Fianancial Services, Inc., BSI Financial Services, Inc., CAM XV TRUST, Chris Ferguson, Travis Gray, Jack O'Boyle & Associates, Jack O'Boyle. (Ferguson, Christopher) |
Filing 4 Order for Scheduling Recommendations/Proposed Scheduling Order. IT IS HEREBY ORDERED that the parties shall submit a proposed scheduling order to the Court within thirty (30) days from the date of this order., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.. Signed by Judge David A. Ezra. (mgr) |
Filing 3 SUPPLEMENT to #1 Notice of Removal, Notice of Removal filed in State Court by BSI Fianancial Services, Inc., CAM XV TRUST. (Ferguson, Christopher) |
Filing 2 SUPPLEMENT to #1 Notice of Removal, Supplemental JS 44 Civil Cover Sheet by BSI Fianancial Services, Inc., CAM XV TRUST. (Ferguson, Christopher) |
Case assigned to Judge David A. Ezra. 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) |
If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (mgr) |
Filing 1 NOTICE OF REMOVAL by CAM XV TRUST, BSI Fianancial Services, Inc. (Filing fee $400 receipt number 0542-13847196), filed by CAM XV TRUST, BSI Fianancial Services, Inc.. (Attachments: #1 Exhibit Civil Cover Sheets, #2 Exhibit List of Counsel, #3 Exhibit State Court Docket, #4 Exhibit Index of State Ct. Doc, #5 Exhibit County Appraisal District)(Ferguson, Christopher) |
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