LIT COMMENTARY & UPDATES
OCT 22 DEC 3, 2024 MAR 15, 2025
Before the Court is pro se Plaintiff Bernard E. Bonner’s Motion to Compel Discovery.
ECF 27.1
The Motion to Compel does not include a certificate of conference as required by Local Rule 7.1D.
It also does not comply with Judge Bryan’s procedures.
Pursuant to Judge Bryan’s procedures concerning discovery disputes, plaintiff and opposing counsel must confer regarding the dispute—in person, by video, or by phone—and then submit a joint letter to the Court requesting a conference before resorting to motion practice.
The letter may be no longer than three pages and must summarize “the dispute, the date, time and method of the
1 The District Judge referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), the Cost and Delay Reduction Plan under the Civil Justice Reform Act, and Federal Rule of Civil Procedure 72. ECF 7.
parties’ conference and the identity of the attendees, the outcome of the discussions, and the relief sought from the court.”2
The Court previously ordered the parties to exchange initial disclosures and comply with Initial Protocols for Residential Mortgage Cases.
ECF 14; ECF 25.
It is therefore ORDERED that Plaintiff’s Motion to Compel Discovery (ECF 27) is STRICKEN for failure to comply with Local Rules and the Court’s procedures.
If necessary, the parties may file a letter requesting a conference in accordance with the Court’s Procedures concerning discovery disputes.
Signed on February 24, 2025, at Houston, Texas
Christina A. Bryan… United States Magistrate Judge
2 The Court’s procedures are available on the Court’s website. See https://www.txs.uscourts.gov/sites/txs/files/U.S.-Magistrate-Judge-Christina-A.-Bryan-Court- Procedures.CABrev04.10.22.pdf.
CAB,MAG |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-03805
Bonner v. Newrez LLC Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-Contract Dispute |
Date Filed: 10/07/2024 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
Plaintiff | ||
Bernard E. Bonner | represented by | Bernard E. Bonner 4302 Ennis Street Houston, TX 77004 PRO SE |
V. | ||
Defendant | ||
NewRez LLC doing business as Shellpoint Mortgage Servicing |
represented by | Emilee Noelle Crowther Husch Blackwell 111 Congress Ave. Ste 1400 Austin, TX 78701 512-479-1144 Email: emilee.crowther@huschblackwell.com ATTORNEY TO BE NOTICEDLauren Elizabeth Hayes Husch Blackwell LLP 111 Congress Ave., Ste 1400 Austin, TX 78701 512.479.1163 Fax: 512.479.1101 Email: lauren.hayes@huschblackwell.com ATTORNEY TO BE NOTICED |
Defendant | ||
Deutsche Bank National Trust Company as Trustee |
||
Defendant | ||
Lauren E Hayes d/b/a Lauren E. Hayes |
||
Defendant | ||
Emilee N Crowther d/b/a/ Emilee N Crowther |
||
Defendant | ||
Husch Blackwell | ||
Date Filed | # | Docket Text |
---|---|---|
12/11/2024 | 18 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bernard E. Bonner, filed. (bli4) (Entered: 12/11/2024) |
12/13/2024 | 19 | First Set of Interrogatories. by Bernard E. Bonner, filed. (dm4) Modified on 12/16/2024 (mem4). (Entered: 12/13/2024) |
12/13/2024 | 20 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bernard E. Bonner, filed. (dm4) (Entered: 12/13/2024) |
12/13/2024 | 21 | **DOCKETED IN ERROR** Letter from Brittani Beasley re: appointing an attorney, filed. (dm4) Modified on 12/16/2024 (dm4). (Entered: 12/13/2024) |
12/31/2024 | 22 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by NewRez LLC, filed. (Hayes, Lauren) (Entered: 12/31/2024) |
01/07/2025 | 23 | SUPPLEMENT to 22 JointDiscovery/Case Management Plan by NewRez LLC, filed. (Attachments: # 1 Exhibit A – Unsworn Declaration for Case Management Plan) (Hayes, Lauren) (Entered: 01/07/2025) |
01/14/2025 | 24 | PROPOSED ORDER Scheduling and Docket Control, filed. (Crowther, Emilee) (Entered: 01/14/2025) |
01/14/2025 | 25 | MINUTE ENTRY ORDER: The Court conducted the Initial Scheduling Conference. Parties to comply with Initial Protocols by 2/13/2025. Ct Reporter: ERO. Time of Hearing 11:10.(Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 01/14/2025) |
01/15/2025 | 26 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases., PROTECTIVE ORDER (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 01/15/2025) |
02/18/2025 | 27 | MOTION to Compel Discovery. Motions referred to Christina A Bryan. by Bernard E. Bonner, filed. Motion Docket Date 3/11/2025. (bli4) (Entered: 02/21/2025) |
02/18/2025 | 29 | AMENDED COMPLAINT against NewRez LLC, Deutsche Bank National Trust Company, Lauren E Hayes, Emilee N Crowther, Husch Blackwell filed by Bernard E. Bonner. Related document: 1 Notice of Removal, filed by NewRez LLC. (dah4) (Entered: 02/24/2025) |
02/18/2025 | 30 | REDOCKETED FOR CASE MANAGEMENT PURPOSES ONLY: MOTION for Preliminary InjunctionMotions referred to Christina A Bryan. by Bernard E. Bonner, filed. Motion Docket Date 3/11/2025. (dah4) (Entered: 02/24/2025) |
02/24/2025 | 28 | ORDER STRIKING 27 Motion to Compel. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 02/24/2025) |
PACER Service Center | |||
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Transaction Receipt | |||
02/28/2025 16:53:13 |
CAB,MAG |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-03805
Bonner v. Newrez LLC Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-Contract Dispute |
Date Filed: 10/07/2024 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
03/03/2025 | 31 | Summons Issued as to Emilee N Crowther. Issued summons delivered to plaintiff in person, filed. (mmm4) (Entered: 03/03/2025) |
03/03/2025 | 32 | Letter from Bernard Bonner, filed. (mmm4) (Entered: 03/03/2025) |
03/04/2025 | 33 | MOTION for Leave to File First Amended Complaint Nunc Pro Tunc Motions referred to Christina A Bryan. by Bernard E. Bonner, filed. Motion Docket Date 3/25/2025. (bli4) (Entered: 03/04/2025) |
03/10/2025 | 34 | MOTION Entry of Briefing Schedule and, in the Alternative, Motion for Extension of TimeMotions referred to Christina A Bryan. by NewRez LLC, filed. Motion Docket Date 3/31/2025. (Attachments: # 1 Exhibit 1 – ECF Service, # 2 Exhibit 2 – 2025-03-03 Correspondence with B. Bonner, # 3 Exhibit 3 – 2025-03-07 Email Chain, # 4 Exhibit 4 – 2025-03-08 Letter, # 5 Proposed Order) (Hayes, Lauren) (Entered: 03/10/2025) |
03/11/2025 | 35 | ORDER DENYING 32 Discovery Dispute Letter; DENYING 33 MOTION for Leave to File First Amended Complaint ; STRIKING 29 Amended Complaint; TERMINATING as MOOT 34 MOTION Entry of Briefing Schedule and, in the Alternative, Motion for Extension of Time. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 03/11/2025) |
03/12/2025 | 36 | EMERGENCY MOTION to Vacate 35 Order Striking Document. ( Motion Docket Date 4/2/2025.) Motions referred to Christina A Bryan. by Bernard E. Bonner, filed. (glc4) (Entered: 03/12/2025) |
03/13/2025 | 37 | ORDER DENYING 36 Emergency Motion to Vacate Court’s Order. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 03/13/2025) |
PACER Service Center | |||
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Transaction Receipt | |||
03/15/2025 12:54:38 |
This Federal Parachute is Unlawful Says Texas Supreme Court. If the lender doesn’t follow the rules they cannot foreclose. The Supreme Court was offended that PNC, Lembke and Mark Hopkins came to court seeking judicial intervention to assert rights they didn’t have to get paid. pic.twitter.com/C1dDvvMPYG
— lawsinusa (@lawsinusa) October 14, 2024
After removal, Bonner has filed a Quiet Title Case in Harris County District Court. The Case has Not been Accepted by the Court at this Time. Bookmark for updates.
Petition filed onto docket.
Bonner v. Newrez LLC d/b/a Shellpoint Mortgage Service
(4:24-cv-03805)
District Court, S.D. Texas, Judge Charles Eskridge, Jr.
OCT 7, 2024 | REPUBLISHED BY LIT: OCT 22, 2024
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-03805
Bonner v. Newrez LLC Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-Contract Dispute |
Date Filed: 10/07/2024 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
Plaintiff | ||
Bernard E. Bonner | represented by | Bernard E. Bonner 4302 Ennis Street Houston, TX 77004 PRO SE |
V. | ||
Defendant | ||
NewRez LLC doing business as Shellpoint Mortgage Servicing |
represented by | Emilee Noelle Crowther Husch Blackwell 111 Congress Ave. Ste 1400 Austin, TX 78701 512-479-1144 Email: emilee.crowther@huschblackwell.com ATTORNEY TO BE NOTICEDLauren Elizabeth Hayes Husch Blackwell LLP 111 Congress Ave., Ste 1400 Austin, TX 78701 512.479.1163 Fax: 512.479.1101 Email: lauren.hayes@huschblackwell.com ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
10/07/2024 | 1 | NOTICE OF REMOVAL from 215th Judicial District Court, Harris County, case number 2024-66073 (Filing fee $ 405 receipt number ATXSDC-32296025) filed by Newrez LLC d/b/a Shellpoint Mortgage Service. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 – Index of Matters Being Filed, # 3 Exhibit A – Index of State Court’s File, # 4 Exhibit B – Appraisal Record, # 5 Exhibit C – List of Counsel of Record) (Hayes, Lauren) (Entered: 10/07/2024) |
10/07/2024 | 2 | CORPORATE DISCLOSURE STATEMENT by Newrez LLC d/b/a Shellpoint Mortgage Service identifying Rithm Capital Corp. as Corporate Parent, filed. (Hayes, Lauren) (Entered: 10/07/2024) |
10/10/2024 | 3 | CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bkt4) (Entered: 10/10/2024) |
10/11/2024 | 4 | SUPPLEMENT to 1 Notice of Removal, by Newrez LLC d/b/a Shellpoint Mortgage Service, filed. (Attachments: # 1 Exhibit A) (Hayes, Lauren) (Entered: 10/11/2024) |
10/17/2024 | 5 | STATEMENT of Information in Removed Action by Newrez LLC d/b/a Shellpoint Mortgage Service, filed. (Hayes, Lauren) (Entered: 10/17/2024) |
10/21/2024 | 6 | MOTION for Discovery and Request for Subpoena Duces Tecum by Bernard E. Bonner, filed. Motion Docket Date 11/12/2024. (th4) (Entered: 10/21/2024) |
10/23/2024 | 7 | ORDER REFERRING CASE to Magistrate Judge Christina A. Bryan.(Signed by Judge Charles Eskridge) Parties notified. (jmg4) (Entered: 10/23/2024) |
10/25/2024 | 8 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/14/2025 at 11:00 AM by video before Magistrate Judge Christina A Bryan. (Signed by Magistrate Judge Christina A Bryan) (Attachments: # 1 Attachments) Parties notified. (mem4) (Entered: 10/25/2024) |
10/25/2024 | 9 | Order in Removed Case. Statement due within ten days.(Signed. by Judge Charles Eskridge) Parties notified. (mem4) (Entered: 10/25/2024) |
10/28/2024 | 10 | General Warranty Deed by Bernard E. Bonner, filed. (cmk4) (Entered: 10/28/2024) |
10/28/2024 | 11 | *** DOCKETED IN ERROR*** General Warranty Deed by Bernard E. Bonner, filed. (cml4) Modified on 10/29/2024 (cml4). (Entered: 10/29/2024) |
10/30/2024 | 12 | SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 3/17/2025. Joinder of Parties due by 2/13/2025 Pltf Expert Report due by 9/15/2025. Deft Expert Report due by 10/15/2025. Discovery due by 12/1/2025. Mediation due by 2/17/2026. Dispositive Motion Filing due by 12/31/2025. Non-Dispositive Motion Filing due by 12/31/2025. Joint Pretrial Order due by 3/19/2026. Docket Call set for 4/21/2026 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 10/30/2024) |
10/30/2024 | 13 | NOTICE of Appearance by Emilee N. Crowther on behalf of NewRez LLC, filed. (Crowther, Emilee) (Entered: 10/30/2024) |
10/30/2024 | 14 | ORDER denying 6 Motion for Discovery. It is further ORDERED that the parties must comply with Rule 26(a)(1) for the exchange of Initial Disclosures and the Initial Protocols for Mortgage Foreclosure Cases within 14 days after the parties’ Rule 26(f) conference. (Signed by Magistrate Judge Christina A Bryan) Parties notified. (mem4) (Entered: 10/30/2024) |
11/04/2024 | 15 | Certificate of Service in a Removed Action by NewRez LLC, filed. (Hayes, Lauren) (Entered: 11/04/2024) |
11/05/2024 | 16 | CERTIFICATE OF INTERESTED PARTIES by NewRez LLC, filed. (Hayes, Lauren) (Entered: 11/05/2024) |
11/27/2024 | 17 | FINANCIAL Statement Amendment by Bernard E. Bonner, filed. (mmm4) (Entered: 11/27/2024) |
PACER Service Center | |||
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Transaction Receipt | |||
12/03/2024 19:33:04 |
First time filer Bonner’s asked for $900 to secure a cash bond TRO by Judge Collier.
It ain’t Ten Years, its Unequivocally Four Years according to the 5th Circuit https://t.co/GoCVACB66y pic.twitter.com/FldZzZv78O
— lawsinusa (@lawsinusa) October 16, 2024
