Adegbenro v. Bank of America, N.A
(4:22-cv-00828)
District Court, S.D. Texas
MAR 15, 2022 | REPUBLISHED BY LIT: MAR 15, 2022
Oct 10, 2022 LIT Update; case is still tickin’ along…now referred to Magistrate Judge
NO NEED TO DOCUMENT THE CONFERENCE. I KNOW WHO WAS THERE – JUDGE BENNETT
Amended ORDER Striking Filings re: 18 RESPONSE to Plaintiff’s Interrogatories, 20 RESPONSE to request for admissions, 21 RESPONSE to request for production.
(Signed by Magistrate Judge Yvonne Y Ho)
Parties notified.
(SamanthaWarda, 4) (Entered: 02/15/2023)
July 25, 2022 – Recently appointed as Magistrate Judge to the U.S. District Court for the Southern District of Texas, University of Houston Law Center alumna Yvonne Ho ’06 reflects on the responsibilities and duties of the new position and her vision for the future.
“This really feels like a dream job in some respects. It just felt like the stars had aligned, and I needed to take the shot and apply for the job,”
Ho explained, expressing her gratitude for
“the opportunity to actually serve as a Magistrate Judge in the United States Courthouse.”
Sworn in by Senior District Judge Ewing Werlein, Jr., for whom she previously worked as a law clerk, Ho stated that she is excited to take part in making significant decisions that require her to broaden her focus beyond her prior practice as a partner practicing civil appeals at Bracewell LLP law.
“One of the greatest challenges you have [with] this job is that you never really know what is going to come through the door,”
Ho said.
“I am now having to learn a lot of new substantive law in areas I have never touched professionally. It is a heavy responsibility, but it keeps me engaged.”
Ho sees a variety of civil and criminal cases daily.
The civil matters include pretrial motions in a wide range of commercial and personal injury disputes and appeals from social security decisions.
Ho also reviews habeas petitions by prisoners challenging their convictions and sentences.
During her rotations on criminal duty, Ho conducts initial appearances and detention hearings and reviews applications for warrants and criminal complaints.
“It’s rapid-fire when you are on criminal duty,”
Ho said.
“You are seeing people being brought into court for the first time to answer for charges, making determinations about whether they qualify for court-appointed counsel and then making really impactful decisions about detainment.”
In addition to providing fair, accessible and timely resolution of criminal and civil matters within her jurisdiction, Ho is also working to pay it forward, speaking at law school and bar-related events about various aspects of the legal field, hiring a UHLC intern for the summer and mentoring her law clerks.
“I loved every minute of law school, and UH was so good to me,”
Ho said.
“I felt like I got a topflight legal education, and I hope that I can impart the knowledge that I gained while being a professional and now a judge … to the next generation.”
Summa cum laude graduate and valedictorian of her class, Ho is the first lawyer in her immediate family.
She continues to serve on the University of Houston Law Alumni Association Board of Directors and as co-chair of the Houston Bar Association’s Gender Fairness Committee.
Before taking the bench, she served on the Houston Bar Association Board of Directors and the Houston Law Review Board.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00828
| Adegbenro v. Bank of America, N.A Assigned to: Judge Alfred H Bennett Referred to: Magistrate Judge Yvonne Y Ho
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/14/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/19/2022 | 15 | MOTION for Judgment on the Pleadings JudgmentMotions referred to Yvonne Y Ho. by Bank of America, N.A., filed. Motion Docket Date 1/9/2023. (Attachments: # 1 Proposed Order)(Durham, Matthew) (Entered: 12/19/2022) |
| 02/14/2023 | 16 | RESPONSE IN OPPOSITION to Defendant’s 15 MOTION for Summary Judgment filed by Adesnumbo Adegbenro. (mmarquez, 5) (Entered: 02/14/2023) |
| 02/14/2023 | 17 | RESPONSE in Opposition to Bank of America’s 15 MOTION for Summary Judgment, filed by Adesnumbo Adegbenro. (mmarquez, 5) (Entered: 02/14/2023) |
| 02/14/2023 | 18 | STRICKEN FROM THE RECORD – per order entered on 2/15/2023. See docket entry 23 . RESPONSE to Plaintiff’s Interrogatories to 1 Notice of Removal,, filed by Bank of America, N.A.. (DarleneHansen, 4) Modified on 2/15/2023 (SamanthaWarda, 4). (Entered: 02/14/2023) |
| 02/14/2023 | 19 | MOTION to Strike 17 Response in Opposition to Motion, 16 Response to Motion as Untimely Responses Motions referred to Yvonne Y Ho. by Bank of America, N.A., filed. Motion Docket Date 3/7/2023. (Attachments: # 1 Proposed Order)(Durham, Matthew) (Entered: 02/14/2023) |
| 02/14/2023 | 20 | STRICKEN FROM THE RECORD – per order entered on 2/15/2023. See docket entry 23 . RESPONSE to request for admissions filed by Bank of America, N.A.. (RhondaMooreKonieczny, 4) Modified on 2/15/2023 (SamanthaWarda, 4). (Entered: 02/15/2023) |
| 02/14/2023 | 21 | STRICKEN FROM THE RECORD – per order entered on 2/15/2023. See docket entry 23 . RESPONSE to request for production filed by Bank of America, N.A.. (RhondaMooreKonieczny, 4) Modified on 2/15/2023 (SamanthaWarda, 4). (Entered: 02/15/2023) |
| 02/14/2023 | 22 | EXHIBITS in Support of Opposition and Plaintiff’s Cross Motion for Summary Judgment by Adesnumbo Adegbenro., filed.(JacquelineMata, 4) (Entered: 02/15/2023) |
| 02/15/2023 | 23 | ORDER Striking Defendant’s Filings re: 18 Response filed by Bank of America, N.A., 20 Response filed by Bank of America, N.A., 21 Response filed by Bank of America, N.A. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified.(SamanthaWarda, 4) (Entered: 02/15/2023) |
| 02/15/2023 | 24 | Amended ORDER Striking Filings re: 18 RESPONSE to Plaintiff’s Interrogatories, 20 RESPONSE to request for admissions, 21 RESPONSE to request for production.(Signed by Magistrate Judge Yvonne Y Ho) Parties notified.(SamanthaWarda, 4) (Entered: 02/15/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/15/2023 17:14:13 |
Notably, no notes are recorded on the docket as to who appeared at the conference on June 3, before Judge Bennett.
Did anyone appear?
Or did the court sua sponte just issue the scheduling order?
The court directly issued the scheduling order, which homeowner has ignored as deadlines are not being met, electing to file a motion to remand and answer instead.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00828
Create an Alert for This Case on RECAP
| Adegbenro v. Bank of America, N.A Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/14/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/02/2022 | 6 | CERTIFICATE OF INTERESTED PARTIES and corporate disclosure statement by plaintiff, filed.(rkonieczny, 4) (Entered: 06/02/2022) |
| 06/03/2022 | 7 | SCHEDULING ORDER. Amended Pleadings due by 12/1/2022. Pltf Expert Report due by 1/6/2023. Deft Expert Report due by 1/6/2023. Discovery due by 3/1/2023. Motion Filing due by 4/3/2023. Plaintiff responsible for filing Joint Pretrial Order due by 7/21/2023. Docket Call set for 8/4/2023 at 01:30 PM in Courtroom 8C before Judge Alfred H Bennett Jury Trial set for 8/7/2023 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(olindor, 4) (Entered: 06/07/2022) |
| 06/07/2022 | 8 | MOTION to Remand to State Court by Adesnumbo Adegbenro, filed. Motion Docket Date 6/28/2022. (Attachments: # 1 Exhibit)(thanniable, 4) (Entered: 06/07/2022) |
| 06/28/2022 | 9 | RESPONSE in Opposition to 8 MOTION to Remand, filed by Bank of America, N.A.. (Meek, Taylor) (Entered: 06/28/2022) |
| 07/28/2022 | 10 | REPLY to 8 MOTION to Remand, filed by Adesnumbo Adegbenro. (AkeitaMichael, 4) (Entered: 07/28/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/31/2022 08:14:48 |
No movement since filing. Pretrial Conference on Friday, June 3. We’ll see what happens then, if the date isn’t changed in the interim.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00828
Create an Alert for This Case on RECAP
| Adegbenro v. Bank of America, N.A Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/14/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/02/2022 | 5 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bank of America, N.A., filed. (Attachments: # 1 Proposed Order Proposed Scheduling Order)(Meek, Taylor) (Entered: 06/02/2022) |
| 06/02/2022 | 6 | CERTIFICATE OF INTERESTED PARTIES and corporate disclosure statement by plaintiff, filed.(rkonieczny, 4) (Entered: 06/02/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/07/2022 10:06:51 |
BANK OF AMERICA, N.A.’S ORIGINAL ANSWER
To the Honorable Judge of said Court:
Defendant Bank of America, N.A., (“BANA”), submits the following:
I. GENERAL DENIAL
1. Under, as allowed by, and in accordance with Rule 92, Texas Rules of Civil Procedure, BANA generally denies each and every, all and singular, the allegations in the Plaintiff’s Complaint for Damages, Declaratory Relief – Quiet Title Preliminary and Permanent Injunctive Relief filed herein on January 13, 2022 (the “Complaint”) and demands strict proof hereof by a preponderance of the evidence.
II. AFFIRMATIVE DEFENSES
2. BANA is not/cannot be liable for Plaintiff’s claims (which, it denies) in the capacity in which it is sued.
3. Plaintiff fails to state a claim upon which relief can be granted.
4. Plaintiff’s claims are barred, in whole or in part, under the doctrine of issue preclusion.
5. Plaintiff’s claims are barred, in whole or in part, under the doctrine of claim preclusion.
6. Plaintiff’s claims are barred, in whole or in part, under the doctrine of estoppel.
7. Plaintiff’s claims are barred, in whole or in part, due to the material breach by the Plaintiff under the subject loan agreement.
8. Plaintiff’s claims are barred, in whole or in part, under the doctrine of unclean hands.
9. Plaintiff’s claims are barred, in whole or in part, due to the failure to mitigate damages, if any.
10. Any alleged wrongful acts or omissions of BANA, if and to the extent such acts and omissions occurred, were legally excused or justified.
11. BANA is entitled to an offset against any damages to be awarded to Plaintiff, if any, for, among other things, the amounts owed by Plaintiff under the subject loan agreement, for the use and occupation of the subject property, and attorneys’ fees incurred by BANA in this suit.
III. ATTORNEYS FEES
12. BANA has retained McGuireWoods LLP and agreed to pay it reasonable fees and costs incurred relative to this proceeding.
PRAYER
13. Wherefore BANA prays that the Court: enter judgment that Plaintiff takes nothing herein against BANA; enter judgment that BANA have and recover from Plaintiff reasonable attorneys’ fees incurred or to be incurred herein and through any appeals or proceedings related hereto; award BANA all court costs; and grant BANA general relief.
Dated: March 7, 2022
Respectfully submitted,
/s/ Taylor W. Meek
Taylor W. Meek,
SBN 24100197
tmeek@mcguirewoods.com
MCGUIREWOODS LLP
2000 McKinney Avenue, Suite 1400
Dallas, Texas 75201
Telephone: 214.932.6400
Facsimile: 214.932.6499
ATTORNEY FOR DEFENDANT BANK OF AMERICA, N.A
CERTIFICATE OF SERVICE
I hereby certify that on March 7, 2022, a true and correct copy of the foregoing was served via ECF as follows:
VIA EMAIL AND
VIA CM/RRR No. 7019 2970 0000 8634 9278
Adesunmbo Adegbenro
15338 Brock Creek Way
Cypress, Texas 77429
Phone: 832-717-5151
Plaintiff
/s/ Taylor W. Meek
Taylor W. Meek
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Taylor Meek on behalf of Taylor Meek Bar No. 24100197
tmeek@mcguirewoods.com Envelope ID: 62344206
Status as of 3/7/2022 11:07 AM CST
Federal Judges Invent Jurisdiction to Issue Lawless Writ of Execution Aimed at 86-Yr Old Widow
Contrary to what Plaintiff argues, subject matter jurisdiction existed in this Court at the time of removal. – Magistrate Judge Chris Bryan.
Criminal Acts: Outlaw Federal Judges Lawless Orders to Seize Homes Contrary to Texas Laws
This judicial order, which erroneously claims the lien has already been foreclosed would allow the lender a minimum of 10 years to foreclose.
US Gov. Enforcing Lawless Writ Which Silences Truth to Steal Texans Homes by Federal Judges in 2025
PHH has been burdened by Plaintiff’s continued litigation, as have various lawyers and government officials in the court system.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00828
Create an Alert for This Case on RECAP
| Adegbenro v. Bank of America, N.A Assigned to: Judge Alfred H Bennett |
| Case in other court: | 190th Judicial District Court of Harris County, TX, 22-04896 |
Cause: 28:1332 Diversity-Breach of ContractDate Filed: 03/14/2022
Jury Demand: Plaintiff
Nature of Suit: 290 Real Property: Other
Jurisdiction: Diversity
| Plaintiff | ||
| Adesnumbo Adegbenro | represented by | Adesnumbo Adegbenro PRO SE |
| V. | ||
| Defendant | ||
| Bank of America, N.A. | represented by | Taylor William Meek McGuire Woods, LLP 2000 McKinney Ave. Ste. 1400 Dallas, TX 75201 469-372-3932 Email: tmeek@mcguirewoods.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDBrenda Hard-Wilson McGuireWoods LLP 2000 McKinney Avenue, Suite 1400 Dallas, TX 75201 214-932-6408 Fax: 214-932-6499 Email: bhard-wilson@mcguirewoods.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/14/2022 | 1 | NOTICE OF REMOVAL from Harris County District Court No. 190, case number 2022-04896 (Filing fee $ 402 receipt number ATXSDC-27882655) filed by BANK OF AMERICA, N.A. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet Civil Cover Sheet)(Hard-Wilson, Brenda) (Entered: 03/14/2022) |
| 03/14/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by BANK OF AMERICA, N.A, filed.(Hard-Wilson, Brenda) (Entered: 03/14/2022) |
| 03/15/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/3/2022 at 09:30 AM in Courtroom 8C before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(BrandisIsom, 4) (Entered: 03/15/2022) |
| 03/15/2022 | 4 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (BrandisIsom, 4) (Entered: 03/15/2022) |
