U.S. Bank, National Association v. LaBove
(1:22-cv-00152)
District Court, E.D. Texas
APR 13, 2022 | REPUBLISHED BY LIT: MAY 1, 2022
ORDER of dismissal.
In accordance with Plaintiffs Stipulation of Dismissal Without Prejudice
(#10), filed January 27, 2023,
this action is dismissed in its entirety, without prejudice.
Each party shall bear its own costs of court and attorneys fees.
THIS IS A FINAL JUDGMENT.
Signed by District Judge Marcia A. Crone on 2/14/2023. (bjc, )
(Entered: 02/15/2023)
U.S. District Court
Eastern District of TEXAS [LIVE] (Beaumont)
CIVIL DOCKET FOR CASE #: 1:22-cv-00152-MAC
| U.S. Bank, National Association v. LaBove Assigned to: District Judge Marcia A. Crone Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 04/13/2022 Date Terminated: 10/26/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/26/2022 | 7 | ORDERED that the parties inform the court of the status of this case on or before October 27, 2022. Signed by District Judge Marcia A. Crone on 9/26/2022. (bjc, ) (Entered: 09/27/2022) |
| 10/24/2022 | 8 | STATUS REPORT by U S Bank National Association. (Frame, Nicholas) (Entered: 10/24/2022) |
| 10/26/2022 | 9 | ORDERED that this case is dismissed on the merits without prejudice to the right of counsel of record to move for reinstatement within ninety (90) days upon presentation of adequate proof that final approval of the settlement could not be obtained from the respective principals for whom counsel act. Any outstanding motions are conditionally denied as moot pending final settlement papers. In the event this case is reinstated, counsel retains the responsibility to re- urge any motions previously denied as moot. Signed by District Judge Marcia A. Crone on 10/26/2022. (bjc, ) (Entered: 10/26/2022) |
| 01/27/2023 | 10 | STIPULATION of dismissal without prejudice by U S Bank National Association (Attachments: # 1 Text of Proposed Order)(Frame, Nicholas) (Additional attachment(s) added on 1/31/2023: # 2 Revised Proposed Order) (bjc, ). (Entered: 01/27/2023) |
| 02/14/2023 | 11 | ORDER of dismissal. In accordance with Plaintiffs Stipulation of Dismissal Without Prejudice (#10), filed January 27, 2023, this action is dismissed in its entirety, without prejudice. Each party shall bear its own costs of court and attorneys fees. THIS IS A FINAL JUDGMENT. Signed by District Judge Marcia A. Crone on 2/14/2023. (bjc, ) (Entered: 02/15/2023) |
Response by the Wolves askin’ to keep the case on the docket while they try to negotiate a settlement.
NOTICE of impending dismissal. The court orders Plaintiff, if it desires to pursue this case, to file a verified complaint on or before September 23, 2022.
Signed by District Judge Marcia A. Crone on 8/22/2022. (bjc, ) (Entered: 08/23/2022)
U.S. District Court
Eastern District of TEXAS [LIVE] (Beaumont)
CIVIL DOCKET FOR CASE #: 1:22-cv-00152-MAC
Create an Alert for This Case on RECAP
| U.S. Bank, National Association v. LaBove Assigned to: District Judge Marcia A. Crone Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 04/13/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/12/2022 | 4 | SUMMONS Returned Executed by U S Bank National Association. Sheila A LaBove served on 5/2/2022, answer due 5/23/2022. (Frame, Nicholas) (Entered: 05/12/2022) |
| 08/22/2022 | 5 | NOTICE of impending dismissal. The court orders Plaintiff, if it desires to pursue this case, to file a verified complaint on or before September 23, 2022. Signed by District Judge Marcia A. Crone on 8/22/2022. (bjc, ) (Entered: 08/23/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/19/2022 11:07:21 |
No answer by LaBove.
SUMMONS issued and emailed to plaintiff’s attorney for service as to Sheila A LaBove, returned executed on May 12, 2022.
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Defendant Donavan Miller is an heir and the only son of Decedent and may be served with process immediately.
U.S. District Court
Eastern District of TEXAS [LIVE] (Beaumont)
CIVIL DOCKET FOR CASE #: 1:22-cv-00152-MAC
Create an Alert for This Case on RECAP
| U.S. Bank, National Association v. LaBove Assigned to: District Judge Marcia A. Crone Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 04/13/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| U S Bank National Association as Trustee for asset backed securities corporation home equity trust, series 2005-HE2, asset backed pass-through certificates, series 2005-HE2 |
represented by | Mark Douglas Cronenwett Mackie Wolf Zientz & Mann, PC – Dallas 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 214/635-2650 Fax: 12146352686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDNicholas Michael Frame Mackie Wolf Zientz & Mann, PC – Houston 5177 Richmond Ave. Suite 1230 Houston, TX 77056 713-730-3219 Fax: 214-635-2686 Email: nframe@mwzmlaw.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Sheila A LaBove | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 04/13/2022 | 1 | COMPLAINT against Sheila A LaBove ( Filing fee $ 402 receipt number 0540-8874240.), filed by U.S. Bank, National Association, as Trustee for Asset Backed Securities Corporation Home Equity Trust, Series 2005-HE2, Asset Backed Pass-Through Certificates, Series 2005-HE2. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Cronenwett, Mark) (Attachment 6 replaced on 4/14/2022 with flattened image) (bjc, ). (Entered: 04/13/2022) |
| 04/13/2022 | 2 | CORPORATE DISCLOSURE STATEMENT filed by U.S. Bank, National Association, as Trustee for Asset Backed Securities Corporation Home Equity Trust, Series 2005-HE2, Asset Backed Pass-Through Certificates, Series 2005-HE2 (Cronenwett, Mark) (Entered: 04/13/2022) |
| 04/14/2022 | 3 | SUMMONS issued and emailed to plaintiff’s attorney for service as to Sheila A LaBove. (bjc, ) (Entered: 04/14/2022) |
