Davis v. Ditech Financial LLC et al
| Davis and Travis C Davis |
| Ditech Financial LLC and VRM (Vendors Resource Management) and Affiliates |
| 6:2016cv00434 |
| November 17, 2016 |
| US District Court for the Western District of Texas |
| Waco Office |
| Jeffrey C Manske |
| Robert Pitman |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2017. A more recent docket listing may be available from PACER.
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Filing 35
FINAL JUDGMENT. IT IS ORDERED that all claims and causes of action asserted by Plaintiff in this action are DISMISSED. All relief not expressly granted is DENIED. IT IS FURTHER ORDERED that all costs shall be taxed to the party incurring same. IT IS FINALLY ORDERED that the case is CLOSED. Signed by Judge Robert Pitman. (jgb)
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Filing 34
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #28 Report and Recommendations, GRANTING #26 Motion for Summary Judgment filed by Ditech Financial LLC, MOOTING #33 Motion to Stay filed by Ditech Financial LLC, MOOTING #19 Motion for Judgment on the Pleadings filed by VRM (Vendors Resource Management) and Affiliates, MOOTING #30 Motion for Miscellaneous Relief filed by Travis C Davis. Signed by Judge Robert Pitman. (jgb)
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| Filing 33 MOTION to Stay by Ditech Financial LLC. (Attachments: #1 Proposed Order Granting Motion to Stay)(Shiels, Nicola) |
| Filing 32 RESPONSE to Motion, filed by Ditech Financial LLC, re #30 MOTION Injuctive Relief re #28 Report and Recommendations,, Case No Longer Referred to Magistrate Judge, filed by Plaintiff Travis C Davis (Attachments: #1 Proposed Order Denying Objections and Motion for Injunctive Relief)(Shiels, Nicola) |
| Filing 31 ADR Report Filed - Joint by Ditech Financial LLC(Shiels, Nicola) |
| Filing 30 MOTION for Injunctive Relief AND Objections to re #28 Report and Recommendations by Travis C Davis. (jgb) |
| Filing 29 Certified mail acknowledgment receipt for magistrate report and recommendations re #28 Report and Recommendations, as to Travis C Davis. (jgb) |
| Filing 28 REPORT AND RECOMMENDATIONS re #19 Motion for Judgment on the Pleadings filed by VRM (Vendors Resource Management) and Affiliates, #26 Motion for Summary Judgment filed by Ditech Financial LLC. CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (jgb) |
| Filing 27 APPENDIX to #26 MOTION for Summary Judgment and Brief in Support by Ditech Financial LLC. (Attachments: #1 Exhibit A - Declaration of Bradford W. Hardwick, #2 Exhibit A-1: Amendment to Registration on file with the Texas Secretary of State, #3 Exhibit A-2: Note, dated February 10, 2009, #4 Exhibit A-3: Loan history, #5 Exhibit A-4: Notice of default, dated April 13, 2015, #6 Exhibit A-5: Correspondence received from Plaintiff on July 15, 2016, #7 Exhibit A-6: Letter sent to Plaintiff dated July 26, 2016, #8 Exhibit A-7: Correspondence received from Plaintiff on August 8, 2016, #9 Exhibit A-8: Letter sent to Plaintiff dated September 8, 2016, #10 Exhibit B - Declaration of Hughes Watters Askanase, L.L.P., #11 Exhibit B-1: Notice of Acceleration dated December 22, 2015, #12 Exhibit C - Certified copy of Deed of Trust, dated February 10, 2009, #13 Exhibit D - Certified copy of the Assignment of Deed of Trust dated December 1, 2015, #14 Exhibit E - Certified copy of the Substitute Trustees Deed dated February 8, 2016)(Shiels, Nicola) |
| Filing 26 MOTION for Summary Judgment and Brief in Support by Ditech Financial LLC.. Motions referred to Judge Jeffrey C. Manske. (Shiels, Nicola) |
| Filing 25 RESPONSE to Motion, filed by Travis C Davis, re #19 MOTION for Judgment on the Pleadings filed by Defendant VRM (Vendors Resource Management) and Affiliates (tb) |
| Filing 24 NOTICE Concerning Reference to United States Magistrate Judge by VRM (Vendors Resource Management) and Affiliates (Williams, Jonathan) |
| Filing 23 NOTICE Concerning Reference to United States Magistrate Judge by Ditech Financial LLC (Shiels, Nicola) |
| Filing 22 NOTICE Concerning Reference to U.S. Magistrate Judge by Ditech Financial LLC (Shiels, Nicola) |
| Notice of Correction: re #22 Notice (Other) ** Doc #22 sealed due to error. (jgb) |
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Text Order MOOTING #18 Motion to Compel entered by Judge Jeffrey C. Manske. On March 30, 2017, the Court held a telephonic hearing in this matter. Counsel for Movant informed the Court that the instant Motion is now Moot. As such, it is hereby ORDERED that the Defendant's Motion to Compel is dismissed as MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JCM)
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| Filing 21 Minute Entry for proceedings held before Judge Jeffrey C. Manske: Telephone Conference held on 3/30/2017. Nicola Shiels stated Ditech Financial LLC has received the information from the Plaintiff and the Motion to Compel is now moot. The Court stated that it would do a text Order denying the Motion to Compel as moot. The Court stated that the Plaintiff did not respond on a timely basis to the Motion for Judgment on the Pleadings. Court stated that the parties have noted and the Court will honor the agreement between all parties that Mr. Davis has through and including 4/17/17 to file his response to the Motion for Judgment on the Pleadings. (Minute entry documents are not available electronically.). (Court Reporter FTR.)(jgb) |
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Filing 20
ORDER SETTING TELEPHONE CONFERENCE for 3/30/2017 01:30 PM before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. Counsel for Defendant, Nicola Shiels shall be responsible for coordinating the call and providing the dial-in number and code at least 24 hours prior to the hearing to the Courtroom Deputy.(jgb)
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| Filing 19 MOTION for Judgment on the Pleadings by VRM (Vendors Resource Management) and Affiliates.. Motions referred to Judge Jeffrey C. Manske. (Williams, Jonathan) |
| Filing 18 MOTION to Compel by Ditech Financial LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order Granting Motion to Compel). Motions referred to Judge Jeffrey C. Manske. (Shiels, Nicola) |
| Filing 16 GENERAL ANSWER to Complaint by VRM (Vendors Resource Management) and Affiliates.(Williams, Jonathan) |
| Filing 14 Unopposed MOTION to Withdraw as Attorney Johnathan E. Collins by Ditech Financial LLC. (Attachments: #1 Proposed Order Order Granting Unopposed Motion to Withdraw). Motions referred to Judge Jeffrey C. Manske. (Collins, Johnathan) |
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Text Order GRANTING #14 Motion to Withdraw as Attorney entered by Judge Jeffrey C. Manske. It is therefore ORDERED, ADJUDGED, AND DECREED that the Unopposed Motion to Withdraw is GRANTED and Mr. Collins is hereby withdrawn as counsel of record for Defendant; and it is further ORDERED, ADJUDGED, AND DECREED that the docket be amended to reflect that Mr. Collins has withdrawn as counsel for Defendant and that he no longer needs to be noticed ofany pleadings, motions, or other documents filed or served in this case. Nicola M. Shiels is substituted for Mr. Collins as attorney of record for Movant. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JCM)
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Filing 12
SCHEDULING ORDER: Consent to Trial by Magistrate due by 4/7/2017, Jury Selection and Jury Trial set for 1/8/2018 09:00 AM before Judge Robert Pitman, ADR Report Deadline due by 6/30/2017, Amended Pleadings due by 4/7/2017, Discovery due by 9/1/2017, Joinder of Parties due by 4/7/2017 and Motions due by 10/2/2017. Signed by Judge Robert Pitman. (jgb)
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| Filing 11 Minute Entry for proceedings held before Judge Robert Pitman: Initial Telephone Pretrial Conference held on 2/2/2017. Parties announce ready. Jury trial set for January 8, 2018 at 9:00 am. Scheduling order discussed. Plaintiff made oral jury demand. Written order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Pamela Andasola.)(jgb) |
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Filing 10
ORDER Setting Initial Telephone Pretrial Conference for 2/2/2017 10:15 AM before Judge Robert Pitman. Counsel for Plaintiff shall be responsible for coordinating the call and providing dial-in information at least 24 hours prior to the hearing to the Courtroom Deputy. Signed by Judge Robert Pitman. (jgb)
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| Filing 9 Proposed Scheduling Order by Ditech Financial LLC. (Shiels, Nicola) |
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Filing 8
Order for Scheduling Recommendations/Proposed Scheduling Order. Plaintiff shall submit a scheduling recommendations/proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant. Scheduling Recommendations/Proposed Scheduling Order due by 1/17/2017. Signed by Judge Robert Pitman. (jgb)
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| Filing 7 Case electronically transferred in from Southern District of Texas; Case Number 4:16-cv-03101. |
| Case assigned to Judge Robert Pitman. 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. (jgb) |
| Interdistrict transfer to Western District of Texas - Waco Division. Case transferred electronically. Case terminated on 11/17/2016, filed. (wbostic, 4) [Transferred from Texas Southern on 11/17/2016.] |
| CASE REFERRED to Magistrate Judge Jeffrey C. Manske. (jgb) |
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Filing 6
ORDER granting #5 Motion to Transfer Case to Western District of Texas - Waco Division. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4) [Transferred from Texas Southern on 11/17/2016.]
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| Filing 5 Opposed MOTION to Transfer Case to Western District of Texas, Waco Division by Ditech Financial LLC, filed. Motion Docket Date 12/5/2016. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Transfer Venue)(Shiels, Nicola) [Transferred from Texas Southern on 11/17/2016.] |
| Filing 4 NOTICE of Appearance by JONATHAN M. WILLIAMS on behalf of VRM (Vendors Resource Management) and Affiliates, filed. (Williams, Jonathan) [Transferred from Texas Southern on 11/17/2016.] |
| Filing 3 NOTICE of Appearance by Nicola M. Shiels on behalf of Ditech Financial LLC, filed. (Shiels, Nicola) [Transferred from Texas Southern on 11/17/2016.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Ditech Financial LLC identifying Walter Investment Management Corp. as Corporate Parent, filed.(Collins, Johnathan) [Transferred from Texas Southern on 11/17/2016.] |
| Filing 1 NOTICE OF REMOVAL from 146th Judicial District, Bell County, Texas, case number 286404-0 (Filing fee $ 400 receipt number 0541-17401473) filed by Ditech Financial LLC. (Attachments: #1 Exhibit Ex A - Index of Matters Being Filed, #2 Civil Cover Sheet Ex B - Civil Cover Sheet, #3 Exhibit Ex C - List of Counsel of Record, #4 Exhibit Ex D - Docket Sheet, #5 Exhibit Ex D-1 - Original Petition and Civil Case Information Sheet, #6 Exhibit Ex D-2 - First Amended Original Petition, #7 Exhibit Ex D-3 - Citation - Ditech Financial LLC, #8 Exhibit Ex D-4 - Citation - VRM, #9 Exhibit Ex D-5 - Defendant Ditech Financial LLC's Original Answer and Affirmative Defenses, #10 Exhibit Ex D-6 - Receipt for Copies)(Collins, Johnathan) [Transferred from Texas Southern on 11/17/2016.] |
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