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WILLBERN, THOMAS vs. NATIONSTAR MORTGAGE LLC
OCT 2, 2023 | REPUBLISHED BY LIT: OCT 31, 2023
Nov. 13, 30, 2023
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Defendant’s Original Answer and Affirmative Defenses
CURRYTOWN CORRUPTION
There’s a lot to be said about the intentional delays, the rental income generated by Bhagia as a result of the delays and both the Court and the Wolves failure to sanction Bhagia for a frivolous lawsuit. https://t.co/MTjAukOdd5#TWO #NMA— lawsinusa (@lawsinusa) October 27, 2023
Willbern v. Bayview Loan Servicing, L.L.C., No. 20-20129
(5th Cir. Jan. 13, 2021)
REPUBLISHED BY LIT: SEP 9, 2021
Summary Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 4:18-cv-4363
Before JOLLY, ELROD, and GRAVES, Circuit Judges.
PER CURIAM:
Texas Lawyer Willbern's Been Highlighted on LIT's State Bar Disciplinary Listings
Plaintiff-appellant Thomas Willbern filed suit against defendant-appellee Bayview Loan Servicing, LLC, in Harris County, Texas.
Mr. Willbern sought a temporary restraining order and a temporary injunction to prevent Bayview from foreclosing on his residence, located at 15302 Lakeview Drive, Houston, Texas 77040.
Bayview removed the case to federal court based on diversity jurisdiction and soon moved for summary judgment. The district court granted Bayview’s motion and dismissed Mr. Willbern’s suit.
For the reasons below, we affirm.
*Pursuant to 5TH CIRCUIT RULE 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIRCUIT RULE 47.5.4.
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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:18-cv-04363
| Willbern, III vs. Bayview Loan Servicing, LLC Assigned to: Magistrate Judge Frances H Stacy
Cause: 28:1441 Notice of Removal |
Date Filed: 11/16/2018 Date Terminated: 07/24/2019 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Thomas A. Willbern, III | represented by | Conley Greg Goodrum Attorney at Law 16225 Park Ten Place Dr. Suite 500 Houston, TX 77084 281-578-3333 Fax: 281-578-1333 Email: cgreg@goodrumlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Bayview Loan Servicing, LLC | represented by | Carlos Rafael Hernandez-Vivoni 1255 West 15th Street, Suite 1060 Plano, TX 75075 214-291-3800 Email: chernandez@mccarthyholthus.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Brandon Hakari McCarthy Holthus 1255 W 15th Ste 1060 Plano, TX 75075 214-291-3800 Email: bhakari@mccarthyholthus.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDYoshie Valadez McCarthy & Holthus, LLP 1255 West 15th Street Ste 1060 Plano, TX 75075 214-291-3800 Fax: 214-291-3801 Email: yvaladez@mccarthyholthus.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/16/2018 | 1 | NOTICE OF REMOVAL from 295th Judicial District Court of Harris County, case number 2018-79532 (Filing fee $ 400 receipt number 0541-21299177) filed by Bayview Loan Servicing, LLC. (Attachments: # 1 Exhibit Exhibit A Index & docs, # 2 Exhibit Exhibit B List of Counsel, # 3 Exhibit Exhibit C HCAD, # 4 Civil Cover Sheet Exhibit D Civil Cover Sheet)(Hakari, Robert) (Entered: 11/16/2018) |
| 11/16/2018 | 2 | NOTICE of Interested Parties by Bayview Loan Servicing, LLC, filed. (Hakari, Robert) (Entered: 11/16/2018) |
| 11/19/2018 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/22/2019 at 02:00 PM in Room 11521 before Judge Ewing Werlein, Jr. (Signed by Judge Ewing Werlein, Jr) Parties notified.(jdavadi, 4) (Entered: 11/19/2018) |
| 11/21/2018 | 4 | ANSWER to Complaint by Bayview Loan Servicing, LLC, filed.(Hakari, Robert) (Entered: 11/21/2018) |
| 03/11/2019 | 5 | CERTIFICATE OF INTERESTED PARTIES by Thomas A. Willbern, III, filed.(Goodrum, Conley) (Entered: 03/11/2019) |
| 03/12/2019 | 6 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bayview Loan Servicing, LLC, filed. (Attachments: # 1 Proposed Order prop Rule 16 Scheduling Order)(Hakari, Robert) (Entered: 03/12/2019) |
| 03/19/2019 | 7 | CONSENT to Proceed Before a Magistrate Judge by Thomas A. Willbern, III, filed.(Goodrum, Conley) (Entered: 03/19/2019) |
| 03/20/2019 | 8 | CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by Bayview Loan Servicing, LLC, Thomas A. Willbern, III and ORDER TRANSFERRING CASE to Magistrate Judge Frances H Stacy. Judge Ewing Werlein, Jr no longer assigned to the case.(Signed by Judge Ewing Werlein, Jr) Parties notified.(kpicota, 4) (Entered: 03/21/2019) |
| 03/21/2019 | 9 | NOTICE of Setting. Parties notified. Initial Conference set for 4/17/2019 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 03/21/2019) |
| 04/04/2019 | 10 | MOTION for Summary Judgment by Bayview Loan Servicing, LLC, filed. Motion Docket Date 4/25/2019. (Attachments: # 1 Affidavit Affidavit in Support)(Hakari, Robert) (Entered: 04/04/2019) |
| 04/10/2019 | 11 | STATEMENT re. telephonic appearance of Initial Conference on April 17 2019 by Bayview Loan Servicing, LLC, filed.(Hakari, Robert) (Entered: 04/10/2019) |
| 04/17/2019 | 12 | Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. Initial SCHEDULING CONFERENCE held on 4/17/2019. Parties consent to Magistrate. DCO to follow. Appearances: Robert Brandon Hakari (appeared by phone), Conley Greg Goodrum.(ERO:Y), filed.(sanderson, 4) (Entered: 04/17/2019) |
| 04/18/2019 | 13 | SCHEDULING ORDER. ETT: 2 Days: Joinder of Parties due by 6/3/2019. Amended Pleadings due by 7/1/2019. Pltf Expert Witness List/Reports due by 9/2/2019. Deft Expert Witness List.Reports due by 9/13/2019. Mediation due by 8/15/2019. Dispositive Motion Filing due by 11/29/2019. Discovery due by 1/4/2020. Joint Pretrial Order due by 1/31/2020. Objections due by 2/14/2020….*** Bench Trial set for 2/24/2020 at 09:30 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(sanderson, 4) (Entered: 04/18/2019) |
| 05/28/2019 | 14 | RESPONSE to 10 MOTION for Summary Judgment filed by Thomas A. Willbern, III. (Attachments: # 1 Affidavit Plaintiff Affidavit)(Goodrum, Conley) (Entered: 05/28/2019) |
| 06/03/2019 | 15 | REPLY in Support of 10 MOTION for Summary Judgment , filed by Bayview Loan Servicing, LLC. (Hakari, Robert) (Entered: 06/03/2019) |
| 06/04/2019 | 16 | Opposed MOTION for Extension of Time Filing Summary Judgment Response by Thomas A. Willbern, III, filed. Motion Docket Date 6/25/2019. (Attachments: # 1 Proposed Order Order)(Goodrum, Conley) (Entered: 06/04/2019) |
| 06/10/2019 | 17 | ORDERE EXTENDING PLAINTIFF’S RESPONSE TO SUMMARY JUDGMENT DEADLINE re: 16 Opposed MOTION for Extension of Time Filing Summary Judgment Response. Plaintiff’s Response filed on May 28, 2019, is timely. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(JenniferLongoria, 1) (Entered: 06/11/2019) |
| 07/01/2019 | 18 | First AMENDED COMPLAINT against Bayview Loan Servicing, LLC filed by Thomas A. Willbern, III.(Goodrum, Conley) (Entered: 07/01/2019) |
| 07/24/2019 | 19 | MEMORANDUM AND ORDER granting 10 MOTION for Summary Judgment . (Signed by Magistrate Judge Frances H Stacy) Parties notified.(gclair, 4) (Entered: 07/25/2019) |
| 07/24/2019 | 20 | FINAL JUDGMENT. Case terminated on 7/24/2019. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(gclair, 4) (Entered: 07/25/2019) |
| 08/21/2019 | 21 | MOTION for New Trial by Thomas A. Willbern, III, filed. Motion Docket Date 9/11/2019. (Attachments: # 1 Affidavit Plaintiff’s Affidavit, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Goodrum, Conley) (Entered: 08/21/2019) |
| 09/11/2019 | 22 | RESPONSE in Opposition to 21 MOTION for New Trial, filed by Bayview Loan Servicing, LLC. (Hakari, Robert) (Entered: 09/11/2019) |
| 02/11/2020 | 23 |
ORDER denying 21 Motion for New Trial.(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 02/11/2020) |
| 03/11/2020 | 24 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Thomas A. Willbern, III (Filing fee $ 505, receipt number 0541-24389539), filed.(Goodrum, Conley) (Entered: 03/11/2020) |
| 03/12/2020 | 25 | Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 24 Notice of Appeal. Fee status: Paid. Reporter(s): ERO, filed. (dnoriega, 1) (Entered: 03/12/2020) |
| 03/26/2020 | 26 | Notice of Non-Compliance. Appellant has failed to: Submit the DKT13 transcript order form. Parties notified, filed. (JenniferLongoria, 1) Modified on 3/27/2020 (JenniferLongoria, 1). (Entered: 03/26/2020) |
| 04/06/2020 | 27 | DKT13 TRANSCRIPT ORDER REQUEST by WILLBERN/GOODRUM. This is to order a transcript of Entry of Docket Order on 4/17/19 before Judge Stacy. Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: 12 Scheduling Conference,, filed.(Goodrum, Conley)Electronically forwarded to Judicial Transcribers of Texas on 4-7-2020. Estimated completion date: 5-7-2020. Modified on 4/7/2020 (MelissaMorgan, 4). (Entered: 04/06/2020) |
| 04/28/2020 | 28 | USCA LETTER for the Fifth Circuit advising court reporter Mary Henry the transcript must be filed with the District Court Clerk within 30 days from the date the USCA received the purchase order (USCA No. 20-20129), filed.(EdnitaPonce, 1) (Entered: 04/28/2020) |
| 05/12/2020 | 29 | APPEAL TRANSCRIPT re Initial Conference held on April 17, 2019 before Magistrate Judge Frances H Stacy. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party: Conley Greg Goodrum. This transcript relates to the following: 24 Notice of Appeal, 27 Appeal Transcript Request,. Release of Transcript Restriction set for 8/10/2020., filed. (mahenry, ) (Entered: 05/12/2020) |
