ALVARADO v. THE BANK OF NEW YORK MELLON
(7:21-cv-00360)
District Court, S.D. Texas
SEP 23, 2021 | REPUBLISHED BY LIT: SEP 28, 2021
Dismissed Without Prejudice by Judge Crane on March 28, 2022
LIT COMMENTARY
Jan 9, 2022:
Highly unusual for a foreclosure mill not to have filed a motion to dismiss or similar by now, especially after removal and we have 2 separate firms representing BONYM.
SCHEDULING ORDER.
Amended Pleadings due by 4/8/2022.
Joinder of Parties due by 4/8/2022
Pltf Expert Report due by 4/29/2022.
Deft Expert Report due by 5/13/2022.
Discovery due by 6/3/2022.
Dispositive Motion Filing due by 6/17/2022.
Non-Dispositive Motion Filing due by 6/17/2022.
Joint Pretrial Order due by 7/25/2022.
Final Pretrial Conference set for 8/1/2022 at 09:30 AM before Judge Randy Crane
Jury Selection set for 8/2/2022 at 09:00 AM before Judge Randy Crane
Motion Hearing set for 7/15/2022 at 09:30 AM before Judge Randy Crane
(Signed by Judge Randy Crane) Parties notified.(SandraSilva, 7) (Entered: 11/03/2021)
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/3/2021 at 09:00 AM before Judge Randy Crane (by Judge Randy Crane) Parties notified.(klopez, 7) (Entered: 09/23/2021)
Federal Court Judges Staying Removed State Cases “By the Debtor” During Automatic Stay (BK)
The argument presented by BDF Hopkins that state cases commenced by the debtor can be removed during automatic bankruptcy stay is false.
Texas Bankers Association and Intervenors Obtain Bond-Free Nationwide Injunction Against CFPB
For the foregoing reasons, the Court hereby ORDERS that Intervenors’ Motions for Preliminary Injunction are GRANTED.
Quietly: Out With the Old, In With the Younger Chief in S.D. Texas Federal Court
Lee H. Rosenthal went down quietly, from Chief Judge, to Presiding Judge, to plain ole United States District Judge. No formal notice issued.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:21-cv-00360
| ALVARADO et al v. THE BANK OF NEW YORK MELLON Assigned to: Judge Randy Crane
Cause: 28:1332 Diversity-Contract Default |
Date Filed: 09/23/2021 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| MICAELA ALVARADO | represented by | Daniel E Vargas The Vargas Law Office 220 S 12th Ave Ste A Edinburg, TX 78539 956-287-3743 Fax: 956-287-3992 Email: thevargaslawoffice@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| RAMON ALVARADO | represented by | Daniel E Vargas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| THE BANK OF NEW YORK MELLON | represented by | Jon Howard Patterson Bradley Arant et al One Federal Place 1819 Fifth Avenue North Birmingham, AL 35203 205-521-8000 Fax: 205-488-6403 Email: jpatterson@bradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMelissa Sue Gutierrez Bradley Arant Boult Cummings LLP 600 Travis Street Ste 4800 Houston, TX 77002 713-576-0311 Email: mgutierrez@bradley.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/23/2021 | 1 | NOTICE OF REMOVAL from 332nd District Court of Hidalgo County, Texas, case number C-3638-21-F (Filing fee $ 402 receipt number 0541-27092739) filed by THE BANK OF NEW YORK MELLON. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Gutierrez, Melissa) (Entered: 09/23/2021) |
| 09/23/2021 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/3/2021 at 09:00 AM before Judge Randy Crane (by Judge Randy Crane) Parties notified.(klopez, 7) (Entered: 09/23/2021) |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:21-cv-00360
| ALVARADO et al v. THE BANK OF NEW YORK MELLON Assigned to: Judge Randy Crane
Cause: 28:1332 Diversity-Contract Default |
Date Filed: 09/23/2021 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/22/2021 | 3 | CERTIFICATE OF INTERESTED PARTIES by MICAELA ALVARADO, filed.(Vargas, Daniel) (Entered: 10/22/2021) |
| 10/22/2021 | 4 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by THE BANK OF NEW YORK MELLON, filed.(Gutierrez, Melissa) (Entered: 10/22/2021) |
| 11/02/2021 | 5 | NOTICE of Resetting. Parties notified. Initial Conference reset for 11/3/2021 at 10:00 AM in by video before Judge Randy Crane, filed. (DeliaRodriguez, 7) (Entered: 11/02/2021) |
| 11/03/2021 | 6 | SCHEDULING ORDER. Amended Pleadings due by 4/8/2022. Joinder of Parties due by 4/8/2022 Pltf Expert Report due by 4/29/2022. Deft Expert Report due by 5/13/2022. Discovery due by 6/3/2022. Dispositive Motion Filing due by 6/17/2022. Non-Dispositive Motion Filing due by 6/17/2022. Joint Pretrial Order due by 7/25/2022. Final Pretrial Conference set for 8/1/2022 at 09:30 AM before Judge Randy Crane Jury Selection set for 8/2/2022 at 09:00 AM before Judge Randy Crane Motion Hearing set for 7/15/2022 at 09:30 AM before Judge Randy Crane(Signed by Judge Randy Crane) Parties notified.(SandraSilva, 7) (Entered: 11/03/2021) |
