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Okpa v. Select Portfolio Servicing Inc., No. 21-11270 (5th Cir. June 30, 2022)
REPUBLISHED BY LIT: JUL 10, 2022
Property at Risk: 14403 Overview Dr, Dallas, TX 75254
Before Southwick, Oldham, and Wilson, Circuit Judges. Per Curiam:*
This case originated in state court as a dispute between a homeowner and mortgage lenders.
The lenders removed the case to federal court under 28 U.S.C. § 1441(b).
The district court granted summary judgment to the lenders.
We affirm.
Ejike Okpa was the owner of a property in Dallas County, Texas.
LIT: THAT’S QUESTIONABLE, BASED ON THE FACT THE EX-WIFE IS RECEIVING ALL THE SERVICER DEFAULT PAPERWORK, AND SHE APPARENTLY LIVES IN ILLINOIS
The property was encumbered by a mortgage assigned to Bank of New York Mellon (“BONY”) and serviced by Select Portfolio Servicing, Inc. (“SPS”).
WHY DOES THE SUMMARY NOT INCLUDE THE HISTORY OF THE 2 PRIOR REMOVALS? Y’ALL ARE ONLY DISCUSSING ONE AND WE KNOW THE 5TH CIRCUIT LOVES TO LIST EVERY CASE A HOMEOWNER FILES. OH, RIGHT, LAWYERS VILT AND LEBOEUF WERE ON BOTH CASES, SO Y’ALL WON’T VILIFY FRIENDS OF THE COURT.
Okpa defaulted, so the lender accelerated the loan on January 10, 2014.
Under Texas law, the acceleration triggered a four-year limitations period to foreclose on the loan.
See Tex. Civ. Prac. & Rem. Code § 16.035; Holy Cross Church of God in Christ v. Wolf, 44 S.W.2d 562, 567 (Tex. 2001).
The lenders failed to foreclose by January 10, 2018, so Okpa argues that the mortgage must be declared void.
We disagree.
Under Texas law, a lender may unilaterally abandon acceleration of a note, thereby restoring the note to its original condition . . . by sending notice to the borrower that the lender is no longer seeking to collect the full balance of the loan and will permit the borrower to cure its default by providing sufficient payment to bring the note current under its original terms.
Boren v. U.S. Nat’l Bank Ass’n, 807 F.3d 99, 105 (5th Cir. 2015).
We have repeatedly held that a lender’s request for less than the full amount of the loan is sufficient to show abandonment of an acceleration.
See, e.g., Leonard v. Ocwen Loan Servicing, LLC, 616 F. App’x 677, 680 (5th Cir. 2015) (per curiam);
Meachum v. Bank of N.Y. Mellon Tr. Co., Nat’l Ass’n, 636 F. App’x 210 (5th Cir. 2016) (per curiam).
And here, the undisputed summary- judgment evidence shows that the lenders repeatedly sent letters demanding less than the full loan amount after January 10, 2014.
Okpa’s principal counterargument is that the lenders’ various post-acceleration statements at least raise a genuine issue of material dispute of fact sufficient to preclude summary judgment.
As we have previously held, however, “where, as here, the surrounding facts are undisputed, abandonment is a question of law.”
Sexton v. Deutsche Bank Nat’l Tr. Co., 731 F. App’x 302, 305–06 (5th Cir. 2018) (per curiam).
And the material facts are undisputed because the lenders’ statements demanded less than the full loan amount.
ABSURD
* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.
Okpa v. Select Portfolio Servicing Inc
(3:19-cv-02162)
District Court, N.D. Texas
JUN 28, 2018 | REPUBLISHED BY LIT: JUL 10, 2022
Dismissed with Prejudice. The summary of the facts is very dubious and there’s lots of blanks as to the ownership of the servicing, the lack of details regards the acceleration and more. And then there’s the ‘transfer’ of the mortgage upon divorce – yet the requests for loan payments were being sent to the [ex]-wife, again sketchy and questionable summary details. Furthermore, the prior removed federal case is never mentioned in this 2nd lawsuit. Affirmed on Appeal by 5th Cir.
Ekpo was initially represented by Clay Vilt and then he was terminated and replaced by Jason LeBoeuf
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:19-cv-02162-G
| Okpa v. Select Portfolio Servicing Inc et al Assigned to: Senior Judge A. Joe Fish
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 09/12/2019 Date Terminated: 07/12/2021 Jury Demand: None Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: Diversity |
| Plaintiff | ||
| Ejike Okpa | represented by | Jason Andrew LeBoeuf LeBoeuf Law Firm, PLLC 675 Town Square Blvd, Suite 200 Building 1A Garland, TX 75040 214-206-7423 Fax: 214-730-5944 Email: jason@leboeuflawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingRobert C Vilt Vilt and Associates PC 5177 Richmond Avenue, Suite 1142 Houston, TX 77056 713-840-7570 Fax: 713-877-1827 Email: clay@viltlaw.com TERMINATED: 07/01/2020 Bar Status: Admitted/In Good Standing |
| V. | ||
| Defendant | ||
| Select Portfolio Servicing Inc | represented by | R Dwayne Danner McGlinchey Stafford PLLC 6688 North Central Expressway Suite 400 Dallas, TX 75206 214-445-2408 Fax: 214-445-2450 Email: ddanner@mcglinchey.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingAaron B Gottlieb Munck Wilson Mandala, LLP 12700 Coit Road Suite 600 Dallas, TX 75251 972-628-3600 Fax: 972-628-3616 Email: agottlieb@munckwilson.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingMatthew A Knox McGlinchey Stafford PLLC 1001 McKinney Street, Suite 1500 Houston, TX 77002 713-335-2138 Fax: 713-520-1025 Email: mknox@mcglinchey.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingMurad Salim Miller Barondess LLP 1999 Avenue of the Stars Suite 1000 Los Angeles, CA 90067 210-978-6432 Email: msalim@millerbarondess.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Defendant | ||
| Bank of New York Mellon As trustee, for the bear stearns asset backed securities trust 2002-1 asset-backed certificates, series 2002-1 |
represented by | R Dwayne Danner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingAaron B Gottlieb (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingMatthew A Knox (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingMurad Salim (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Mediator | ||
| ADR Provider TERMINATED: 11/18/2020 |
represented by | Benjamin L Stewart Bailey Brauer PLLC 8350 North Central Expy, Suite 650 Dallas, TX 75206 214-360-7433 Fax: 214-360-7435 Email: bstewart@baileybrauer.com TERMINATED: 09/19/2020 Bar Status: Admitted/In Good StandingJay Clark Zeleskey Zeleskey Mediations 8117 Preston Road, Suite 300 Dallas, TX 75225 214-706-9080 Fax: 214-706-9082 Email: jay@zeleskeymediations.com TERMINATED: 11/18/2020 Bar Status: Admitted/In Good Standing |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/12/2019 | 1 | NOTICE OF REMOVAL from County Court at Law No. 4, Dallas County, case number CC-19-05447-D filed by Select Portfolio Servicing, Inc., Bank of New York Mellon, as Trustee. (Filing fee $400; receipt number 0539-10259789) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit A – State Court Pleadings, # 2 Exhibit B – CAD Detail, # 3 Cover Sheet, # 4 Cover Sheet Supplement) (Danner, R) (Entered: 09/12/2019) |
| 09/12/2019 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bank of New York Mellon, as Trustee, Select Portfolio Servicing, Inc. identifying Corporate Parent/Other Affiliate The Bank of New York Mellon Corporation for Bank of New York Mellon, as Trustee ; Corporate Parent/Other Affiliate Credit Suisse (USA), Inc. for Select Portfolio Servicing, Inc.. (Danner, R) (Entered: 09/12/2019) |
| 09/12/2019 | 3 | New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (sre) (Entered: 09/12/2019) |
| 09/12/2019 | 4 | Court Request for Recusal: The referral judge for this case has been reassigned via random assignment to U.S. Magistrate Judge Irma Carrillo Ramirez. U.S. Magistrate Judge David L. Horan is no longer assigned to the case. (ctf) (Entered: 09/12/2019) |
| 09/19/2019 | 5 | MOTION for Costs, Fees and To Stay Proceeding Under FRCP 41 filed by Bank of New York Mellon, Select Portfolio Servicing Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Proposed Order) (Danner, R) (Entered: 09/19/2019) |
| 09/24/2019 | 6 | ORDER: No later than 20 days after this order is filed, the plaintiff must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 9/24/2019) (mla) (Entered: 09/25/2019) |
| 10/10/2019 | 7 | RESPONSE filed by Ejike Okpa re: 5 MOTION for Costs, Fees and To Stay Proceeding Under FRCP 41 (LeBoeuf, Jason) (Entered: 10/10/2019) |
| 10/15/2019 | 8 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ejike Okpa. (LeBoeuf, Jason) (Entered: 10/15/2019) |
| 10/24/2019 | 9 | REPLY filed by Bank of New York Mellon, Select Portfolio Servicing Inc re: 5 MOTION for Costs, Fees and To Stay Proceeding Under FRCP 41 (Danner, R) (Entered: 10/24/2019) |
| 01/29/2020 | 10 | NOTICE of Attorney Appearance by Aaron B Gottlieb on behalf of Bank of New York Mellon, Select Portfolio Servicing Inc. (Filer confirms contact info in ECF is current.) (Gottlieb, Aaron) (Entered: 01/29/2020) |
| 03/04/2020 | 11 | ORDER OF REFERENCE: Under the authority of 28 U.S.C. § 636(b), Select Portfolio Inc. and Bank of New York Mellon’s motion for costs, fees, and to stay proceedings under Rule 41 (docket entry 5 ) is hereby REFERRED to United States Magistrate Judge Irma Carrillo Ramirez for a hearing, if necessary, and for determination. (Ordered by Senior Judge A. Joe Fish on 3/4/2020) (ctf) (Entered: 03/05/2020) |
| 05/30/2020 | 12 |
Memorandum Opinion and Order denying 5 Defendants’ Motion for Costs, Fees, and to Stay Proceedings under Rule 41 and Brief in Support. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/30/2020) (mcrd) (Entered: 06/01/2020) |
| 06/02/2020 | 13 | STATUS REPORT ORDER: In accordance with Rule 16(b), F.R. CIV. P., counsel are directed to confer for the purpose of submitting a JOINT status report in this case by 6/22/2020. (Ordered by Senior Judge A. Joe Fish on 6/2/2020) (twd) (Entered: 06/02/2020) |
| 06/22/2020 | 14 | Joint STATUS REPORT filed by Ejike Okpa. (LeBoeuf, Jason) (Entered: 06/22/2020) |
| 06/24/2020 | 15 | ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS: This case is set for trial on this court’s four-week docket beginning 3/1/2021 before Senior Judge A. Joe Fish. Joinder of Parties due by 7/30/2020. Amended Pleadings due by 7/30/2020. Motions due by 11/6/2020. Discovery due by 11/2/2020. Pretrial Order due by 2/19/2021. Pretrial Materials due by 2/19/2021. Pretrial Conference set for 2/6/2021 10:30 AM before Senior Judge A. Joe Fish. Status Report due by 9/15/2020. (Ordered by Senior Judge A. Joe Fish on 6/24/2020) (ykp) (Entered: 06/25/2020) |
| 06/25/2020 | 16 | ELECTRONIC ORDER: The pretrial conference contemplated in the court’s pretrial scheduling order (docket entry 15) is reset for Friday, February 26, 2021 at 10:30 a.m. (chmb) (Entered: 06/25/2020) |
| 06/30/2020 | 17 | Unopposed MOTION to Withdraw as Attorney filed by Ejike Okpa (Attachments: # 1 Proposed Order ORDER GRANTING UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL) (Vilt, Robert) (Entered: 06/30/2020) |
| 07/01/2020 | 18 | ELECTRONIC ORDER: The unopposed motion to withdraw as attorney filed by plaintiff’s counsel Robert C. Vilt (docket entry 17) is GRANTED. It is therefore ORDERED that Robert C. Vilt as well as Vilt and Associates – TX, P.C. are hereby withdrawn as counsel of record for the plaintiff. It is further ORDERED that the docket be amended to reflect that Robert C. Vilt as well as Vilt and Associates – TX, P.C. have withdrawn as counsel for the plaintiff and that they no longer need to be noticed of any pleadings, motions, or other documents filed or served in this case. (Ordered by Senior Judge A. Joe Fish on 7/1/2020) (chmb) (Entered: 07/01/2020) |
| 07/02/2020 | 19 | NOTICE of Compliance Re Rule 26(a)(1) Initial Disclosures filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Danner, R) (Entered: 07/02/2020) |
| 09/16/2020 | 20 | MEDIATION ORDER. The court appoints Benjamin L Stewart as mediator. The parties are to complete mediation within 30 days. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. The mediator is to complete the ADR Form and file it with the clerk of court within ten (10) days after the mediation session is completed. (Ordered by Senior Judge A. Joe Fish on 9/16/2020) (jmg) (Entered: 09/16/2020) |
| 09/18/2020 | 21 | MOTION to Substitute Mediator re 20 Order Referring Case to ADR,, filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Danner, R) (Entered: 09/18/2020) |
| 09/19/2020 | 22 | ELECTRONIC ORDER: The parties’ agreed motion to substitute mediator (docket entry 21) is GRANTED. It is ORDERED that Benjamin L. Stewart is withdrawn as the court-appointed mediator, and that Jay Zeleskey is hereby substituted in as mediator in this matter. (Ordered by Senior Judge A. Joe Fish on 9/19/2020) (chmb) (Entered: 09/19/2020) |
| 11/06/2020 | 23 | NOTICE of Attorney Appearance by Matthew A Knox on behalf of Bank of New York Mellon, Select Portfolio Servicing Inc. (Filer confirms contact info in ECF is current.) (Knox, Matthew) (Entered: 11/06/2020) |
| 11/09/2020 | 24 | Joint MOTION for Protective Order /Motion for Entry of Protective Order filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Danner, R) (Entered: 11/09/2020) |
| 11/10/2020 | 25 | AGREED PROTECTIVE ORDER. (Ordered by Senior Judge A. Joe Fish on 11/10/2020) (ctf) (Entered: 11/10/2020) |
| 11/10/2020 | 26 | Agreed MOTION to Continue Trial Setting and Extension of Certain Deadlines filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Danner, R) (Entered: 11/10/2020) |
| 11/10/2020 | 27 | AMENDED SCHEDULING ORDER granting 26 MOTION to Continue. Jury Trial set for 6/7/2021 before Senior Judge A. Joe Fish. Discovery due by 1/8/2021. Motions due by 2/8/2021. Pretrial Materials due by 5/21/2021. Pretrial Conference set for 6/4/2021 at 10:30 AM before Senior Judge A. Joe Fish. Status Report due by 11/30/2020. (Ordered by Senior Judge A. Joe Fish on 11/10/2020) (mla) (Entered: 11/12/2020) |
| 11/18/2020 | 28 | Alternative Dispute Resolution Summary filed by ADR Provider. Attorneys in Attendance: Jason LeBeoef, Dwayne Danner. Prv Fee: $1,400. Outcome of ADR: Parties were unable to reach a settlement. (Zeleskey, Jay) Modified text on 11/18/2020 (mjr). (Entered: 11/18/2020) |
| 03/08/2021 | 29 | Second MOTION to Continue Trial Setting and Certain Deadlines (Agreed) filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Danner, R) (Entered: 03/08/2021) |
| 03/08/2021 | 30 | AMENDED SCHEDULING ORDER: Trial set for four-week docket beginning 10/4/2021 before Senior Judge A. Joe Fish. Discovery due by 4/8/2021. Motions due by 5/10/2021. Pretrial Order due by 9/24/2021. Pretrial Materials due by 9/24/2021. Pretrial Conference set for 10/1/2021 10:30 AM before Senior Judge A. Joe Fish. (Ordered by Senior Judge A. Joe Fish on 3/8/2021) (mjr) (Entered: 03/08/2021) |
| 05/06/2021 | 31 | MOTION for Summary Judgment filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) A-1, # 3 Exhibit(s) A-2, # 4 Exhibit(s) A-3, # 5 Exhibit(s) A-4, # 6 Exhibit(s) A-5, # 7 Exhibit(s) A-6, # 8 Exhibit(s) A-7, # 9 Exhibit(s) A-8, # 10 Exhibit(s) A-9, # 11 Exhibit(s) A-10, # 12 Proposed Order) (Knox, Matthew) (Entered: 05/06/2021) |
| 05/10/2021 | 32 | MOTION for Summary Judgment filed by Ejike Okpa with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (LeBoeuf, Jason) (Entered: 05/10/2021) |
| 05/10/2021 | 33 | Appendix in Support filed by Ejike Okpa re 32 MOTION for Summary Judgment (LeBoeuf, Jason) (Entered: 05/10/2021) |
| 05/26/2021 | 34 | Joint MOTION to Extend Time for the Parties to respond to the Parties respective Motions for Summary Judgment filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Danner, R) (Entered: 05/26/2021) |
| 05/26/2021 | 35 | ORDER granting 34 Motion to Extend Time. It is therefore: ORDERED that the court hereby extends the deadline for the plaintiff to respond to the defendants’ motion for summary judgment (docket entry 31 ) to 6/10/2021. It is further ORDERED that the court hereby extends the deadline for the defendants to respond to the plaintiff’s motion for summary judgment (docket entry 32 ) to 6/15/2021. (Ordered by Senior Judge A. Joe Fish on 5/26/2021) (ykp) (Entered: 05/26/2021) |
| 06/10/2021 | 36 | RESPONSE filed by Ejike Okpa re: 31 MOTION for Summary Judgment (LeBoeuf, Jason) (Entered: 06/10/2021) |
| 06/11/2021 | 37 | RESPONSE filed by Bank of New York Mellon, Select Portfolio Servicing Inc re: 32 MOTION for Summary Judgment (Knox, Matthew) (Entered: 06/11/2021) |
| 06/11/2021 | 38 | Appendix in Support filed by Bank of New York Mellon, Select Portfolio Servicing Inc re: 37 Response/Objection. (Knox, Matthew) (Entered: 06/11/2021) |
| 07/12/2021 | 39 |
MEMORANDUM OPINION AND ORDER granting 31 Motion for Summary Judgment, denying 32 Motion for Summary Judgment. Okpa’s requests for declaratory judgment and injunctive relief are also DENIED. (Ordered by Senior Judge A. Joe Fish on 7/12/2021) (axm) (Entered: 07/12/2021) |
| 07/12/2021 | 40 | JUDGMENT: It is ORDERED that the plaintiff’s claims are dismissed with prejudice. (Ordered by Senior Judge A. Joe Fish on 7/12/2021) (axm) (Entered: 07/12/2021) |
| 08/09/2021 | 41 | MOTION for New Trial filed by Ejike Okpa (LeBoeuf, Jason) (Entered: 08/09/2021) |
| 08/20/2021 | 42 | RESPONSE AND OBJECTION filed by Bank of New York Mellon, Select Portfolio Servicing Inc re: 41 MOTION for New Trial. (Danner, R) (Entered: 08/20/2021) |
| 11/23/2021 | 43 | ELECTRONIC ORDER: Before the court is the plaintiff’s motion for new trial under Fed. R. Civ. P. 59(e) (docket entry 41 ). The motion is DENIED. (Ordered by Senior Judge A. Joe Fish on 11/23/2021) (chmb) (Entered: 11/23/2021) |
| 12/21/2021 | 44 | NOTICE OF APPEAL as to 39 Memorandum Opinion and Order, 40 Judgment to the Fifth Circuit by Ejike Okpa. Filing fee $505, receipt number 0539-12473142. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (LeBoeuf, Jason) (Entered: 12/21/2021) |
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| 07/10/2022 15:57:49 |
Okpa v. Bank of New York Mellon
(3:18-cv-01690)
District Court, N.D. Texas
JUN 28, 2018 | REPUBLISHED BY LIT: JUL 10, 2022
Question for MJ Toliver from LIT: Who is “Silver Portfolio”?
This action would be voluntarily dismiss Okpa Without Prejudice. The ex-Wife, non-prisoner, pro-se, now residing in Illinois, With Prejudice as detailed earlier in the docket.
Ekpo was represented by Clay Vilt and Jason LeBoeuf
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:18-cv-01690-K-BK
| Okpa v. Bank of New York Mellon et al Assigned to: Judge Ed Kinkeade Referred to: Magistrate Judge Renee Harris Toliver
Cause: 28:1441 Petition for Removal- Declaratory Judgemen |
Date Filed: 06/28/2018 Date Terminated: 06/18/2019 Jury Demand: None Nature of Suit: 190 Contract: Other Contract Jurisdiction: Diversity |
| Plaintiff | ||
| Ejike Okpa | represented by | Jason Andrew LeBoeuf LeBoeuf Law Firm, PLLC 675 Town Square Blvd, Suite 200 Building 1A Garland, TX 75040 214-206-7423 Fax: 214-730-5944 Email: jason@leboeuflawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingRobert C Vilt Vilt and Associates PC 5177 Richmond Avenue, Suite 1142 Houston, TX 77056 713-840-7570 Fax: 713-877-1827 Email: clay@viltlaw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Plaintiff | ||
| Jean Onuaguluchi | represented by | Jean Onuaguluchi 308 Woburn Lane Schaumburg, IL 60173 224-254-3277 Email: jeanonuaguluchi@yahoo.com PRO SE |
| V. | ||
| Defendant | ||
| Bank of New York Mellon as Trustee |
represented by | Gregg D Stevens McGlinchey Stafford Three Energy Square 6688 North Central Expressway Suite 400 Dallas, TX 75206 214-445-2406 Fax: 214-445-2450 Email: gstevens@mcglinchey.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingAimee Guidry Szygenda McGlinchey Stafford Three Energy Square 6688 North Central Expressway Suite 400 Dallas, TX 75206 214-445-2410 Fax: 214-445-2450 Email: aszygenda@mcglinchey.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Defendant | ||
| Select Portfolio Servicing Inc TERMINATED: 04/02/2019 |
represented by | Gregg D Stevens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingAimee Guidry Szygenda (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/28/2018 | 1 | NOTICE OF REMOVAL from 68th Judicial District Court, Dallas County, case number DC-18-07191 filed by Bank of New York Mellon, as Trustee, in trust for Bear Stearns Asset Backed Securities Trust 2002-1 Asset-Backed Certificates, Series 2002-1, Select Portfolio Servicing Inc. (Filing fee $400; receipt number 0539-9281945) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A – State File, # 2 Exhibit(s) B – DACA Appraisal, # 3 Cover Sheet, # 4 Cover Sheet Supplement) (Stevens, Gregg) (Entered: 06/28/2018) |
| 06/28/2018 | 2 | New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (zkc) (Entered: 06/28/2018) |
| 07/03/2018 | 3 | Unopposed Motion for Extension of Time to File Answer filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Stevens, Gregg) (Entered: 07/03/2018) |
| 07/05/2018 | 4 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bank of New York Mellon, Select Portfolio Servicing Inc. (Stevens, Gregg) (Entered: 07/05/2018) |
| 07/09/2018 | 5 | ELECTRONIC ORDER granting 3 Defendants’ Unopposed Motion for Extension of Time to File Answer. Defendants must answer or otherwise respond to Plaintiff’s Complaint by July 26, 2018. (Ordered by Magistrate Judge Renee Harris Toliver on 7/9/2018) (chmb) (Entered: 07/09/2018) |
| 07/10/2018 | 6 | Unopposed MOTION to Consolidate Cases filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Stevens, Gregg) (Entered: 07/10/2018) |
| 07/10/2018 | 7 | Brief/Memorandum in Support filed by Bank of New York Mellon, Select Portfolio Servicing Inc re 6 Unopposed MOTION to Consolidate Cases (Stevens, Gregg) (Entered: 07/10/2018) |
| 07/13/2018 | 8 | ORDER CONSOLIDATING CASES: Member case(s) 3:18-CV-1690 consolidated with lead case 3:18-CV-0697. Jean Onuaguluchi and Jean Onuaguluchi added to case pursuant to consolidation. (Ordered by Judge Ed Kinkeade on 7/13/2018) (epm) (Main Document 8 replaced to correct case # on 7/13/2018) (epm). (Entered: 07/13/2018) |
| 07/18/2018 | 9 | Unopposed Motion for Extension of Time to File Answer filed by Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Szygenda, Aimee) (Entered: 07/18/2018) |
| 07/19/2018 | 10 | ELECTRONIC ORDER granting Defendant Select Portfolio Servicing, Inc.’s 9 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff Jean Onuaguluchi’s Complaint. Defendant must file its answer or otherwise respond to Plaintiff Jean Onuagulchi’s Complaint by August 9, 2018. (Ordered by Magistrate Judge Renee Harris Toliver on 7/19/2018) (chmb) (Entered: 07/19/2018) |
| 07/20/2018 | 11 | Unopposed Motion for Extension of Time to File Answer filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Szygenda, Aimee) (Entered: 07/20/2018) |
| 07/23/2018 | 12 | ELECTRONIC ORDER granting 11 Defendants’ Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff Ejike Okpa’s Complaint. Defendants must answer or otherwise respond to Plaintiff Ejike Okpa’s Complaint by August 9, 2018. (Ordered by Magistrate Judge Renee Harris Toliver on 7/23/2018) (chmb) (Entered: 07/23/2018) |
| 08/09/2018 | 13 | ANSWER to Complaint filed by Select Portfolio Servicing Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Stevens, Gregg) (Entered: 08/09/2018) |
| 08/09/2018 | 14 | ANSWER to Complaint filed by Bank of New York Mellon, Select Portfolio Servicing Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Stevens, Gregg) (Entered: 08/09/2018) |
| 08/15/2018 | 15 | FIRST AMENDED ANSWER to (Ejike Okpa’s) Complaint filed by Bank of New York Mellon, Select Portfolio Servicing Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Stevens, Gregg) Enhanced text on 8/15/2018 (dsr). (Entered: 08/15/2018) |
| 09/21/2018 | 16 | MOTION for Judgment on the Pleadings filed by Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Stevens, Gregg) (Entered: 09/21/2018) |
| 09/21/2018 | 17 | Brief/Memorandum in Support filed by Select Portfolio Servicing Inc re 16 MOTION for Judgment on the Pleadings (Stevens, Gregg) (Entered: 09/21/2018) |
| 01/10/2019 | 18 | NOTICE of of Non-Response by Jean Onuaguluchi re: 16 MOTION for Judgment on the Pleadings filed by Select Portfolio Servicing Inc (Stevens, Gregg) (Entered: 01/10/2019) |
| 03/05/2019 | 19 | FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Silver Portfolio’s Motion 16 for Judgement on the Pleadings as to Jean Onuaguluchi should be GRANTED, and Onuaguluchi’s original petition against Silver Portfolio should be DISMISSED WITH PREJUDICE (Ordered by Magistrate Judge Renee Harris Toliver on 3/5/2019) (mcrd) (Entered: 03/05/2019) |
| 04/01/2019 | 20 | Motion to Dismiss for Failure to State a Claim filed by Bank of New York Mellon, Select Portfolio Servicing Inc (Attachments: # 1 Proposed Order) (Stevens, Gregg) (Entered: 04/01/2019) |
| 04/01/2019 | 21 | Brief/Memorandum in Support filed by Bank of New York Mellon, Select Portfolio Servicing Inc re 20 Motion to Dismiss for Failure to State a Claim as to Ejike Okpa (Stevens, Gregg) (Entered: 04/01/2019) |
| 04/02/2019 | 22 |
Order Accepting 19 Findings, Conclusions and Recommendation re: 16 MOTION for Judgment on the Pleadings is GRANTED. (Ordered by Judge Ed Kinkeade on 4/2/2019) (ndt) (Entered: 04/02/2019) |
| 04/02/2019 | 23 | JUDGMENT: This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered IT IS ORDERED, ADJUDGED, and DECREED that Defendant Select Portfolio Servicing, Inc.’s Motion for Judgement on the Pleadings as to Jean Onuaguluchi, Doc. 16 , is GRANTED, and Plaintiff Jean Onuaguluchi’s original petition against Defendant Select Portfolio Servicing, Inc., is DISMISSED WITH PREJUDICE. (Ordered by Judge Ed Kinkeade on 4/2/2019) (ndt) (Entered: 04/02/2019) |
| 04/22/2019 | 24 | RESPONSE filed by Ejike Okpa re: 20 Motion to Dismiss for Failure to State a Claim (LeBoeuf, Jason) (Entered: 04/22/2019) |
| 05/03/2019 | 25 | Joint MOTION for Protective Order filed by Bank of New York Mellon, Select Portfolio Servicing Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Szygenda, Aimee) (Entered: 05/03/2019) |
| 05/03/2019 | 26 | REPLY filed by Bank of New York Mellon, Select Portfolio Servicing Inc re: 20 Motion to Dismiss for Failure to State a Claim (Szygenda, Aimee) (Entered: 05/03/2019) |
| 05/06/2019 | 27 | ELECTRONIC ORDER: The parties’ 25 Joint Motion for Protective Order is GRANTED. The protective order will be entered separately. (Ordered by Magistrate Judge Renee Harris Toliver on 5/6/2019) (chmb) (Entered: 05/06/2019) |
| 05/06/2019 | 28 | PROTECTIVE ORDER GOVERNING PROCEEDING. (Ordered by Magistrate Judge Renee Harris Toliver on 5/6/2019) (ndt) (Entered: 05/07/2019) |
| 06/18/2019 | 29 | Unopposed STIPULATION OF DISMISSAL by Ejike Okpa. (Attachments: # 1 Proposed Order Order Granting Unopposed Stipulation of Dismissal) (LeBoeuf, Jason) (Entered: 06/18/2019) |
| 06/18/2019 | 30 | ELECTRONIC ORDER DISMISSING CASE – Before the Court is Plaintiff Okpa’s Unopposed Stipulation of Dismissal Without Prejudice, filed on June 18, 2019. The Court construes this as a Unopposed Motion to Dismiss Without Prejudice and hereby GRANTS the Motion. It is therefore ORDERED, ADJUDGED and DECREED that this case is dismissed without prejudice, with costs of court being assessed against the party incurring the same. All relief not expressly granted in this Order is hereby denied. (Ordered by Judge Ed Kinkeade on 6/18/2019) (chmb) (Entered: 06/18/2019) |
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| 07/10/2022 16:42:27 |
‘Edward’ Okpa for Congress…
Ejike Okpa (Republican Party) (also known as EE) ran for election to the U.S. House to represent Texas’ 32nd Congressional District. He lost in the Republican primary on March 1, 2022.
Ejike Okpa was born in Enugu, Nigeria. Okpa earned a bachelor’s degree from Rivers State University of Science and Technology at Port Harcourt in 1983 and a certificate from the Executive Advanced Management Program in Real Estate at the Harvard University Graduate School of Design. His career experience includes working as the principal and CEO of the OKPA Company.
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