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De La Cruz v. The Bank of New York
(1:17-cv-00163)
District Court, W.D. Texas
MAR 2, 2017 | REPUBLISHED BY LIT: SEP 12, 2021
ORDER DENYING 106 Plaintiff’s Plead to Stop Trustee’s Sale on January 5, 2021 and Order Bank of New York to Provide an Itemized Final Payoff Amount, which the Court Construes as a Request for a Temporary Restraining Order. Signed by Judge Lee Yeakel. (jv2) (Main Document 108 replaced on 1/5/2021) (so). (Entered: 01/04/2021)
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U.S. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:17-cv-00163-LY
| de la Cruz v. The Bank of New York Assigned to: Judge Lee Yeakel
Cause: 28:1441 Petition for Removal- Petition to Quiet Ti |
Date Filed: 03/02/2017 Date Terminated: 05/13/2020 Jury Demand: Both Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Dan Sergio De La Cruz | represented by | E. Jason Billick Almanza, Blackburn, Dickie & Mitchell, LLP 2301 S. Capital of TX Highway, Bldg. H Austin, TX 78746 512-474-8486 Email: jbillick@abdmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Patrick Sutton 1505 West 6th Street Austin, TX 78701 (512).417.5903 Fax: 512.355.4155 Email: jpatricksutton@jpatricksuttonlaw.com TERMINATED: 11/29/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICEDJacob Scheick Almanza, Blackburn & Dickie, LLP 2301 S. Capital of Texas Hwy., Bldg H Austin, TX 78746 512-474-9486 Email: jscheick@abdmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael S. Quinn Law Office of Michael Sean Quinn 2630 Exposition Blvd Suite 115 Austin, TX 78703 (512) 296-2594 Fax: (512) 344-9466 Email: mquinn@msqlaw.com TERMINATED: 11/29/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| The Bank of New York as Trustee of the Certificateholders CWABS, Inc., Asset-Backed Certificates Series 2005-9 |
represented by | Marc Daniel Cabrera Polsinelli PC 2950 N. Harwood Suite 2100 Dallas, TX 75201 214-397-0030 Fax: 214-397-0033 Email: mcabrera@polsinelli.com TERMINATED: 10/24/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICEDMark D. Hopkins Hopkins Law, PLLC 3 Lakeway Centre Ct. Suite 110 Austin, TX 78734 (512) 600-4320 Email: mark@hopkinslawtexas.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDShelley L. Hopkins Hopkins Law, PLLC 3 Lakeway Centre Ct. Suite 110 Austin, TX 78734 512-600-4320 Email: shelley@hopkinslawtexas.com ATTORNEY TO BE NOTICEDDaniel Durell Locke Lord LLP 600 Congress Ave., Suite 2200 Austin, TX 78701 (512) 305-4714 Fax: (512) 391-4778 Email: daniel.durell@lockelord.com TERMINATED: 10/24/2017 ATTORNEY TO BE NOTICED |
| Defendant | ||
| Ditech Financial LLC TERMINATED: 03/20/2019 |
represented by | Marc Daniel Cabrera (See above for address) TERMINATED: 10/24/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICEDMark D. Hopkins (See above for address) TERMINATED: 03/20/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICEDShelley L. Hopkins (See above for address) TERMINATED: 03/20/2019 ATTORNEY TO BE NOTICEDDaniel Durell (See above for address) TERMINATED: 10/24/2017 ATTORNEY TO BE NOTICED |
| Counter Plaintiff | ||
| The Bank of New York as Trustee of the Certificateholders CWABS, Inc., Asset-Backed Certificates Series 2005-9 other Bank of New York Mellon |
represented by | Mark D. Hopkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDShelley L. Hopkins (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Counter Defendant | ||
| Dan Sergio De La Cruz | represented by | E. Jason Billick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Patrick Sutton (See above for address) TERMINATED: 11/29/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICEDJacob Scheick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael S. Quinn (See above for address) TERMINATED: 11/29/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Counter Plaintiff | ||
| Ditech Financial LLC TERMINATED: 03/20/2019 |
represented by | Marc Daniel Cabrera (See above for address) TERMINATED: 10/24/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICEDMark D. Hopkins (See above for address) TERMINATED: 03/20/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICEDShelley L. Hopkins (See above for address) TERMINATED: 03/20/2019 ATTORNEY TO BE NOTICEDDaniel Durell (See above for address) TERMINATED: 10/24/2017 ATTORNEY TO BE NOTICED |
| Counter Plaintiff | ||
| The Bank of New York as Trustee of the Certificateholders CWABS, Inc., Asset-Backed Certificates Series 2005-9 |
represented by | Marc Daniel Cabrera (See above for address) TERMINATED: 10/24/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICEDMark D. Hopkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDShelley L. Hopkins (See above for address) ATTORNEY TO BE NOTICEDDaniel Durell (See above for address) TERMINATED: 10/24/2017 ATTORNEY TO BE NOTICED |
| V. | ||
| Counter Defendant | ||
| Dan Sergio De La Cruz | represented by | E. Jason Billick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Patrick Sutton (See above for address) TERMINATED: 11/29/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICEDJacob Scheick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael S. Quinn (See above for address) TERMINATED: 11/29/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/20/2019 | 80 | ANSWER to 79 Amended Counterclaim, by Dan Sergio De La Cruz.(De La Cruz, Dan) (Entered: 06/20/2019) |
| 09/01/2019 | 81 | MOTION for Summary Judgment by The Bank of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hopkins, Mark) (Entered: 09/01/2019) |
| 09/09/2019 | 82 | MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Summary Judgment by Dan Sergio De La Cruz. (De La Cruz, Dan) (Entered: 09/09/2019) |
| 09/09/2019 | 83 | DEFICIENCY NOTICE: re 82 MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Summary Judgment (dm) (Entered: 09/09/2019) |
| 09/10/2019 | 84 | Proposed MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Summary Judgment Proposed Order by Dan Sergio De La Cruz. (De La Cruz, Dan) (Entered: 09/10/2019) |
| 09/16/2019 | 85 | Unopposed MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Summary Judgment Unopposed Order by Dan Sergio De La Cruz. (De La Cruz, Dan) (Entered: 09/16/2019) |
| 09/18/2019 | 86 | ORDER GRANTING 84 Motion for Extension of Time to File Response; MOOTING 85 Motion for Extension of Time to File Response. Signed by Judge Sam Sparks. (dm) (Entered: 09/19/2019) |
| 09/23/2019 | 87 | Response in Opposition to Motion, filed by Dan Sergio De La Cruz, re 81 MOTION for Summary Judgment filed by The Bank of New York (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit O, # 14 Exhibit P, # 15 Exhibit Q, # 16 Exhibit R, # 17 Exhibit S, # 18 Proposed Order)(De La Cruz, Dan) (Entered: 09/23/2019) |
| 09/30/2019 | 88 | MOTION for Extension of Time to File Response/Reply as to 87 Response in Opposition to Motion,, by The Bank of New York. (Attachments: # 1 Proposed Order)(Hopkins, Mark) (Entered: 09/30/2019) |
| 10/02/2019 | 89 | ORDER GRANTING 88 Motion for Extension of Time to File Response. Signed by Judge Sam Sparks. (dm) (Entered: 10/02/2019) |
| 10/04/2019 | 90 | REPLY to Response to Motion, filed by The Bank of New York, re 81 MOTION for Summary Judgment filed by The Bank of New York (Hopkins, Mark) (Entered: 10/04/2019) |
| 11/08/2019 | 91 | ORDER GRANTING IN PART AND DENYING IN PART 81 Motion for Summary Judgment. Signed by Judge Sam Sparks. (dm) (Entered: 11/08/2019) |
| 11/19/2019 | 92 | ORDER Cancelling Docket Call. Signed by Judge Sam Sparks. (dm) (Entered: 11/19/2019) |
| 12/18/2019 | 93 | ORDER, Status Conference set for 1/6/2020 10:00 AM before Judge Sam Sparks. Signed by Judge Sam Sparks. (td) (Entered: 12/19/2019) |
| 01/03/2020 | 94 | NOTICE of Filing Notice of Filing Partial Dismissal of Counterclaim for Judicial Foreclosure by The Bank of New York (Attachments: # 1 Proposed Order)(Hopkins, Mark) (Entered: 01/03/2020) |
| 01/03/2020 | 95 | NOTICE of Filing Proposed Final Judgment by The Bank of New York (Hopkins, Mark) (Entered: 01/03/2020) |
| 01/06/2020 | 96 | ORDER that the STATUS CONFERENCE set for Monday, January 06, 2020 at 10:00 AM is hereby CANCELLED until further order of the court. Signed by Judge Sam Sparks. (klw) (Entered: 01/06/2020) |
| 01/07/2020 | 97 | NOTICE of Filing Plaintiff’s Answer to Partial Dismissal & Proposed Judgment by Dan Sergio De La Cruz (De La Cruz, Dan) Modified on 1/7/2020 (lt). (Entered: 01/07/2020) |
| 05/13/2020 | 98 | FINAL JUDGMENT. Signed by Judge Sam Sparks. (lt) (Entered: 05/13/2020) |
| 06/12/2020 | 99 | Appeal of Final Judgment 98 , 91 , 78 , 55 by Dan Sergio De La Cruz. No filing fee submitted (De La Cruz, Dan) (Entered: 06/12/2020) |
| 06/25/2020 | 100 | TRANSCRIPT REQUEST by Dan Sergio De La Cruz for dates of Feb 5, 2019. Proceedings Transcribed: status conference. Court Reporter: Lily Reznik.. (De La Cruz, Dan) (Entered: 06/25/2020) |
| 06/26/2020 | 101 | Payment of USCA Appeal Fee received $ 505 receipt number 0542-13703742 re Notice of Appeal,, filed by Dan Sergio De La Cruz (De La Cruz, Dan) (Entered: 06/26/2020) |
| 07/11/2020 | 102 | Transcript filed of Proceedings held on February 5, 2019, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk’s office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/3/2020, Redacted Transcript Deadline set for 8/11/2020, Release of Transcript Restriction set for 10/9/2020, Appeal Record due by 7/27/2020, (lr) (Entered: 07/11/2020) |
| 08/17/2020 | 103 | Pro Se MOTION for Permission to file Electronically by Dan Sergio De La Cruz. (De La Cruz, Dan) (Entered: 08/17/2020) |
| 08/27/2020 | 104 | ORDER DENYING 103 Pro Se Motion for Permission to file Electronically. Signed by Judge Sam Sparks. (lt) (Entered: 08/27/2020) |
| 10/23/2020 | 105 | Certified copy of USCA JUDGMENT issued as the MANDATE dismissing appeal for want of prosecution. (lt) (Entered: 10/27/2020) |
| 12/30/2020 | 106 | MOTION by Dan Sergio De La Cruz. (Attachments: # 1 Proposed Order Stop Trustee’s Sale on January 5. 2021 and Order Bank of New York and Counsel to Comply with Final Judgment)(De La Cruz, Dan) (Entered: 12/30/2020) |
| 01/04/2021 | 107 | Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 1/4/2021. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2) (Entered: 01/04/2021) |
| 01/04/2021 | 108 | ORDER DENYING 106 Plaintiff’s Plead to Stop Trustee’s Sale on January 5, 2021 and Order Bank of New York to Provide an Itemized Final Payoff Amount, which the Court Construes as a Request for a Temporary Restraining Order. Signed by Judge Lee Yeakel. (jv2) (Main Document 108 replaced on 1/5/2021) (so). (Entered: 01/04/2021) |
| 04/30/2021 | 109 | NOTICE of Appearance of Counsel for Plaintiff by Dan Sergio De La Cruz (Scheick, Jacob) (Entered: 04/30/2021) |
| 04/30/2021 | 110 | Status and Request for Court Intervention by Dan Sergio De La Cruz. (Attachments: # 1 Exhibit Exhibit A)(Scheick, Jacob) Modified on 4/30/2021 to add motion event (jv2). (Entered: 04/30/2021) |
| 04/30/2021 | 111 | CORRECTION TO DEFICIENCY NOTICE: re 110 Notice (Other). Please file proposed order and link to Docket Entry 110. (jv2) (Entered: 04/30/2021) |
| 04/30/2021 | 112 | ATTACHMENT CORRECTED to 110 MOTION by Dan Sergio De La Cruz. (Scheick, Jacob) (Entered: 04/30/2021) |
| 05/05/2021 | 113 | Transcript filed of Proceedings held on January 4, 2021, Proceedings Transcribed: Telephone Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk’s office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 5/26/2021, Redacted Transcript Deadline set for 6/7/2021, Release of Transcript Restriction set for 8/3/2021, (alr) (Entered: 05/05/2021) |
| 05/11/2021 | 114 | MOTION FOR RELIEF FROM re 98 Judgment and Request for Emergency Oral or Telephonic Hearing by Dan Sergio De La Cruz. (Attachments: # 1 Exhibit 1-4, # 2 Proposed Order)(Scheick, Jacob) Modified on 5/12/2021 (jv2). (Entered: 05/11/2021) |
| 05/18/2021 | 115 | Response in Opposition to Motion, filed by The Bank of New York, re 114 MOTION FOR RELIEF FROM re 98 Judgment filed by Plaintiff Dan Sergio De La Cruz (Hopkins, Mark) (Entered: 05/18/2021) |
| 05/25/2021 | 116 | RESPONSE in Support, filed by Dan Sergio De La Cruz, re 114 MOTION FOR RELIEF FROM re 98 Judgment filed by Plaintiff Dan Sergio De La Cruz Reply In Support Of Motion For Relief From Final Judgment (Attachments: # 1 Exhibit Ex. A.1 One to Four Family Residential Contract $780k, # 2 Exhibit Ex. A.2 12713 Bright Sky – Receipted Contract $765k)(Scheick, Jacob) (Entered: 05/25/2021) |
| 05/27/2021 | 117 | Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 5/27/2021. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2) (Entered: 05/27/2021) |
| 06/03/2021 | 118 | Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 6/3/2021. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(jv2) (Entered: 06/03/2021) |
| 06/09/2021 | 119 | INTERLOCUTORY ORDER re 114 MOTION for relief from 98 Judgment filed by Dan Sergio De La Cruz. Signed by Judge Lee Yeakel. (klw) (Entered: 06/10/2021) |
