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Couch v. Altisource Online Auction, Inc.
(4:24-cv-00414)
District Court, N.D. Texas
MAY 8, 2024 | REPUBLISHED BY LIT: FEB 7, 2025
FEB 7, 2025
Above is the date LIT Last updated this article.
Magistrate Judge M&R 58 Errs in Claiming PHH’s Foreclosure Efforts Are Timely
“Plaintiff misunderstands PHH’s position. PHH is not attempting to foreclose under a real property lien; the lien has already been foreclosed. PHH is attempting to execute on a judicial foreclosure order. PHH’s statute of limitations to execute on the foreclosure judgment is governed by Texas Civil Practice and Remedies Code § 34.001.”
Magistrate Judge Bryan cites to the Fifth Circuit’s opinion for this proposition.However, on inspection, this opinion is contradictory.
Specifically, the 5th Circuit answers two questions, and the second states in Texas, it is well-settled that possession and title are not obtained by the lender until the sale has been conducted: Couch v. The Bank of N.Y. Mellon, No. 24-10297, at *3-4 (5th Cir. Oct. 11, 2024),disavowing the claim that “the lien has already been foreclosed”.
This aligns with the standard practice that after a nonjudicial foreclosure auction, a [Substitute] Trustee Deed is generally filed in the real property records, affirming the sale to the lender, or to a third-party. See; Gapasin v. Sand Canyon Corp., 4:23-cv-02866, at *4 (S.D. Tex. June 5, 2024).
ORDER:
The Court decides that sanctions in the form of a $1,000 penalty, payable to the Court, by each of the Couches, Ms. Edmondson, Mr. Glover, and The Edmondson Law Firm,
and a pre-filing injunction are appropriate to deter the Couches and their Counsel from continuing to file meritless lawsuits.
The Court AWARDS Defendant Defendant’s “reasonable expenses, including attorney’s fees, incurred for the motion [for sanctions].”
Defendant has until January 31, 2025, to submit such documentation.
Finally, in light of this Court’s previous 18 Opinion and Order concluding that Plaintiffs’ claims are barred by res judicata,
Plaintiffs’ claims are DISMISSED with prejudice.
(Ordered by Judge Reed C. O’Connor on 1/15/2025) (saw) (Entered: 01/15/2025)
| CLOSED |
U.S. District Court
Northern District of Texas (Fort Worth)
CIVIL DOCKET FOR CASE #: 4:24-cv-00414-O
| Couch et al v. Altisource Online Auction, Inc. et al Assigned to: Judge Reed C. O’Connor
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 05/08/2024 Date Terminated: 01/15/2025 Jury Demand: None Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: Diversity |
| Plaintiff | ||
| Sharon Couch | represented by | Debra Suzanne Edmondson The Edmondson Law Firm PLLC 325 Miron Drive, Suite 100 PO Box 92801 Southlake, TX 76092 817-416-5291 Email: debra@edmondsonlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJoseph Tyler Glover 6873 Meadow Crest Dr Apt 903 North Richland Hills, TX 76180 903-721-8116 Email: josephg@edmondsonlawfirm.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Dickey Couch | represented by | Debra Suzanne Edmondson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJoseph Tyler Glover (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Hubzu USA Inc TERMINATED: 07/22/2024 |
represented by | Matthew K Hansen Troutman Pepper Locke LLP 2200 Ross Avenue Ste 2800 Dallas, TX 72501 214-740-8496 Email: matt.hansen@troutman.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDCamille Griffith Locke Lord LLP 2200 Ross Avenue, Suite 2800 Dallas, TX 75201 214-740-8490 Fax: 214-740-8800 Email: camille.griffith@lockelord.com TERMINATED: 12/31/2024Robert T Mowrey Locke Lord LLP 2200 Ross Avenue, Suite 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rob.mowrey@troutman.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| John Doe 4:24-cv-414-Y | ||
| Defendant | ||
| Altisource Online Auction, Inc. TERMINATED: 08/23/2024 |
represented by | Matthew K Hansen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDCamille Griffith (See above for address) TERMINATED: 12/31/2024Robert T Mowrey (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/08/2024 | 1 | NOTICE OF REMOVAL filed by Hubzu USA, Inc.. (Filing fee $405; receipt number ATXNDC-14603778) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific 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 – J) (Griffith, Camille) (Entered: 05/08/2024) |
| 05/08/2024 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hubzu USA, Inc.. (Clerk QC note: Affiliate entry indicated). (Griffith, Camille) (Entered: 05/08/2024) |
| 05/08/2024 | 4 | New Case Notes: A filing fee has been paid. File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (mmw) (Entered: 05/09/2024) |
| 05/09/2024 | 3 | NOTICE of Related Case filed by Hubzu USA, Inc. (Griffith, Camille) (Entered: 05/09/2024) |
| 07/11/2024 | 5 | MOTION for Temporary Restraining Order filed by Sharon Couch with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s), # 2 Proposed Order) (Edmondson, Debra) (Entered: 07/11/2024) |
| 07/12/2024 | 6 | ORDER FOR REASSIGNMENT: The undersigned judge, having taken senior status, desires to have this case re-assigned to an active-status judge. Accordingly, the clerk of the Court is DIRECTED to re-assign this case by random draw to another judge. Case randomly reassigned to Judge Reed C. O’Connor for all further proceedings. Senior Judge Terry R Means no longer assigned to case. (Ordered by Senior Judge Terry R Means on 7/12/2024) (saw) (Entered: 07/12/2024) |
| 07/12/2024 | 7 | New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (saw) (Entered: 07/12/2024) |
| 07/12/2024 | 8 | ORDER: Before the Court is Plaintiffs’ 5 Motion for Temporary Restraining. The Court ORDERS Plaintiffs to confer with Defendants and agree on a briefing schedule for the motion. The parties are to file a joint notice outlining the agreed briefing schedule no later than July 15, 2024. (Ordered by Judge Reed C. O’Connor on 7/12/2024) (mmw) (Entered: 07/12/2024) |
| 07/15/2024 | 9 | NOTICE of JOINT NOTICE OF PROPOSED BRIEFING SCHEDULE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Dickey Couch, Sharon Couch (Edmondson, Debra) (Entered: 07/15/2024) |
| 07/16/2024 | 10 | ORDER: It is ORDERED that the parties SHALL comply with the following briefing schedule for Plaintiffs’ Motion for Temporary Restraining (ECF No. 5 ): On or before July 22, 2024, Defendants shall file their motion to substitute party. On or before July 22, 2024, Plaintiffs shall file their updated request for a temporary restraining order and brief in support of their motion for preliminary injunction. On or before August 5, 2024, Defendant shall file its Response to Plaintiffs’ Motion for Temporary Restraining Order; and On or before August 9, 2024, Plaintiffs may file their Reply in Support of their Motion for Temporary Restraining Order. (Ordered by Judge Reed C. O’Connor on 7/16/2024) (saw) (Entered: 07/16/2024) |
| 07/18/2024 | 11 | Unopposed MOTION to Substitute Party and Update Case Caption filed by Hubzu USA, Inc., Altisource Online Auction, Inc. (Attachments: # 1 Exhibit(s) A – Declaration, # 2 Exhibit(s) B – Certificate of Dissolution, # 3 Proposed Order). Party Altisource Online Auction, Inc. added.Attorney Camille Griffith added to party Altisource Online Auction, Inc.(pty:dft) (Griffith, Camille) (Entered: 07/18/2024) |
| 07/19/2024 | 12 | MOTION for Temporary Restraining Order filed by Dickey Couch, Sharon Couch (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Affidavit(s))Attorney Joseph Tyler Glover added to party Dickey Couch(pty:pla), Attorney Joseph Tyler Glover added to party Sharon Couch(pty:pla) (Glover, Joseph) (Entered: 07/19/2024) |
| 07/19/2024 | 13 | MOTION for Injunction filed by Dickey Couch, Sharon Couch (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Glover, Joseph) (Entered: 07/19/2024) |
| 07/22/2024 | 14 | ORDER: Before the Court is the Defendant’s unopposed Motion to Substitute Party and Update Case Caption (ECF No. 11 ), filed July 18, 2024. The Motion requests that Altisource Online Auction, Inc. be added as a defendant in this action, and that Habzu USA, Inc. be dropped from this action pursuant to Federal Rule of Civil Procedure 21. ECF No. 11 . Noting that the Motion is unopposed and finding good cause, the Court GRANTS the Motion. The Clerk of the Court is DIRECTED to edit the docket to substitute Defendant as “Altisource Online Auction, Inc.” The Caption of all future filings in this case should so reflect. (Ordered by Judge Reed C. O’Connor on 7/22/2024) (sre) (Entered: 07/22/2024) |
| 08/05/2024 | 15 | RESPONSE AND OBJECTION filed by Altisource Online Auction, Inc. re: 13 MOTION for Injunction (Griffith, Camille) (Entered: 08/05/2024) |
| 08/05/2024 | 16 | Appendix in Support filed by Altisource Online Auction, Inc. re 15 Response/Objection to Plaintiffs’ Motion for Preliminary Injunction (Attachments: # 1 Exhibit(s) A-I, # 2 Exhibit(s) J, # 3 Exhibit(s) K, # 4 Exhibit(s) L-U, # 5 Exhibit(s) V, # 6 Exhibit(s) W – Part 1, # 7 Exhibit(s) W – Part 2, # 8 Exhibit(s) X-Z) (Griffith, Camille) (Entered: 08/05/2024) |
| 08/09/2024 | 17 | REPLY filed by Dickey Couch, Sharon Couch re: 13 MOTION for Injunction (Glover, Joseph) (Entered: 08/09/2024) |
| 08/19/2024 | 18 |
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court DENIES Plaintiffs Motion for Preliminary Injunction (ECF No. 13 ). (Ordered by Judge Reed C. O’Connor on 8/19/2024) (saw) (Entered: 08/19/2024) |
| 08/19/2024 | 19 | SHOW CAUSE ORDER: The Court ORDERS Defendant to file a motion briefing the Court on their position on whether Plaintiffs and their Counsel should be sanctioned for abusing the judicial process no later than August 30, 2024. Plaintiffs’ response SHALL be due no later than September 13, 2024. (Ordered by Judge Reed C. O’Connor on 8/19/2024) (saw) (Entered: 08/19/2024) |
| 08/23/2024 | 20 | NOTICE of Dismissal filed by Dickey Couch, Sharon Couch (Glover, Joseph) (Entered: 08/23/2024) |
| 08/30/2024 | 21 | RESPONSE filed by Altisource Online Auction, Inc. re: 19 Order to Show Cause/Order to Answer,, Modify Hearings/Deadlines, (Griffith, Camille) (Entered: 08/30/2024) |
| 09/03/2024 | 22 | SHOW CAUSE ORDER: Before the Court is Defendant’s Response to Show Cause Order (ECF No. 21 ), filed on August 30, 2024. On August 23, 2024, Plaintiffs filed their Notice of Dismissal. ECF No. 20. Plaintiffs and Plaintiffs’ Counsel are ORDERED to respond to Defendants Response to Show Cause Order (ECF No. 21 ) no later than September 20, 2024. (Ordered by Judge Reed C. O’Connor on 9/3/2024) (saw) (Entered: 09/03/2024) |
| 09/20/2024 | 23 | RESPONSE filed by Dickey Couch, Sharon Couch re: 22 Order to Show Cause/Order to Answer, (Attachments: # 1 Exhibit(s)) (Glover, Joseph) (Entered: 09/20/2024) |
| 09/23/2024 | 24 | SHOW CAUSE ORDER: Before the Court are Defendant’s Response to Show Cause Order (ECF No. 21 ), filed on August 30, 2024, and Plaintiffs’ Response to Show Cause Order (ECF No. 23 ), filed on September 20, 2024. Defendants are ORDERED to reply to Plaintiffs’ Response to Show Cause Order (ECF No. 23 ) no later than October 7, 2024. (Ordered by Judge Reed C. O’Connor on 9/23/2024) (saw) (Entered: 09/23/2024) |
| 10/07/2024 | 25 | REPLY filed by Altisource Online Auction, Inc. re: 23 Response/Objection (Griffith, Camille) (Entered: 10/07/2024) |
| 12/27/2024 | 26 | Unopposed MOTION to Withdraw as Attorney Camille D. Griffith filed by Altisource Online Auction, Inc. (Attachments: # 1 Proposed Order) (Hansen, Matthew) (Entered: 12/27/2024) |
| 12/31/2024 | 27 | ORDER: Before the Court is Defendant Altisource Online Auction, Inc.’s Unopposed Motion to Withdraw Camille D. Griffith as Counsel. ECF No. 26 . The Court is of the opinion that the Motion is well-taken and should be GRANTED. It is ORDERED that Ms. Griffith is hereby withdrawn as counsel of record for Defendant Altisource Online Auction, Inc. Attorney Camille Griffith terminated. (Ordered by Judge Reed C. O’Connor on 12/31/2024) (saw) (Entered: 12/31/2024) |
| 01/15/2025 | 28 | ORDER: The Court decides that sanctions in the form of a $1,000 penalty, payable to the Court, by each of the Couches, Ms. Edmondson, Mr. Glover, and The Edmondson Law Firm, and a pre-filing injunction are appropriate to deter the Couches and their Counsel from continuing to file meritless lawsuits. The Court AWARDS Defendant Defendant’s “reasonable expenses, including attorney’s fees, incurred for the motion [for sanctions].” Defendant has until January 31, 2025, to submit such documentation. Finally, in light of this Court’s previous 18 Opinion and Order concluding that Plaintiffs’ claims are barred by res judicata, Plaintiffs’ claims are DISMISSED with prejudice. (Ordered by Judge Reed C. O’Connor on 1/15/2025) (saw) (Entered: 01/15/2025) |
| 02/07/2025 | 29 |
ORDER: On January 15, 2025, the Court sanctioned Plaintiffs and their counsel, including by awarding Defendant permissible attorneys’ fees. ECF No. 28 . Defendant was ordered to submit the proper documentation by January 31, 2025. Because Defendant failed to do so, the Court withdraws that penalty. All other penalties imposed in the Court’s sanctions Order shall remain. (Ordered by Judge Reed C. O’Connor on 2/7/2025) (saw) (Entered: 02/07/2025) |
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| Transaction Receipt | |||
| 02/07/2025 12:33:16 |
Attention all 2008 financial crisis homeowners battling predatory lenders and Wall St for your homes: Don’t miss Joanna Burke’s petition from Kingwood, Texas, citing 5th Circuit binding law. It’s a crucial read for securing peaceful possession of your homestead. #FightForYourHome pic.twitter.com/n6h7YCrdHZ
— lawsinusa (@lawsinusa) March 6, 2024
Couch v. The Bank of New York Mellon
(4:24-cv-00085)
District Court, N.D. Texas
JAN 25, 2024 | REPUBLISHED BY LIT: MAR 7, 2024
MAR 7, 2024
Above is the date LIT Last updated this article.
LIT: In contradiction of this order, see; Counce v. Yount-Lee Oil Co., 87 F.2d 572 (5th Cir. 1937); See; Bryant v. DiTech Fin., No. 23-10416, at *6 (5th Cir. Mar. 1, 2024) (“What it [Defendants] cannot do is win… without ever protecting its rights.”); See Burke v Deutsche Bank, et al’s Third Petition: “Their late, late show is untimely and barred in Texas law and by the statute of limitations” (Burke has a similar history, with exception of being categorized as a tenant in sufferance. That stated, Joanna Burke’s case and argument is notably different and which leads to a completely opposite conclusion as drawn here by Judge O’Connor – she enjoys clear title in Texas law due to the facts in her case and history of over 22 years in possession of her homestead, and any competing claims are extinguished).
Eviction case involving Mark Cronenwett for Mackie Wolf.
Judgment for defendants issued May 15, 2024.
U.S. District Court
Northern District of Texas (Fort Worth)
CIVIL DOCKET FOR CASE #: 4:24-cv-00085-O
| Couch et al v. The Bank of New York Mellon Assigned to: Judge Reed C. O’Connor
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/25/2024 Jury Demand: None Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/05/2024 | 26 | FINDINGS OF FACT AND CONCLUSIONS OF LAW: It is ORDERED that Plaintiffs Dickey Couch and Sharon Couch’s Motion for Preliminary Injunction should be and is hereby DENIED. (Ordered by Judge Reed C. O’Connor on 3/5/2024) (saw) (Entered: 03/05/2024) |
| 03/05/2024 | 27 | ORDER: The parties are ORDERED to comply with the following expedited briefing schedule on Defendant’s Motion for Judgment on the Pleadings (ECF No. 22 ): on or before March 13, 2024, Plaintiffs shall file their Response in Opposition to the Motion; and on or before March 18, 2024, Defendant may file its Reply in Support of the Motion. (Ordered by Judge Reed C. O’Connor on 3/5/2024) (saw) (Entered: 03/05/2024) |
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| 03/07/2024 05:42:48 |
U.S. District Court
Northern District of Texas (Fort Worth)
CIVIL DOCKET FOR CASE #: 4:24-cv-00085-O
| Couch et al v. The Bank of New York Mellon Assigned to: Judge Reed C. O’Connor
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 01/25/2024 Jury Demand: None Nature of Suit: 290 Real Property: All Other Real Property Jurisdiction: Diversity |
| Plaintiff | ||
| Sharon Couch | represented by | Debra Suzanne Edmondson The Edmondson Law Firm PLLC 325 Miron Drive, Suite 100 PO Box 92801 Southlake, TX 76092 817-416-5291 Email: debra@edmondsonlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Dickey Couch | represented by | Debra Suzanne Edmondson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| The Bank of New York Mellon as Trustee for NovaStar Mortgage Funding Trust, Series 2005-4 NovaStar Home Equity Loan, Asset-Backed Certificates, Series 2005-4 formerly known as The Bank of New York, as Successor Trustee for JPMorgan Chase Bank, N.A. |
represented by | Mark D Cronenwett Mackie Wolf Zientz & Mann PC 14160 N Dallas Parkway, Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/25/2024 | 1 | NOTICE OF REMOVAL filed by The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for NovaStar Mortgage Funding Trust, Series 2005-4 NovaStar Home Equity Loan, Asset-Backed Certificates, Series 2005-4. (Filing fee $405; receipt number ATXNDC-14342704) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific 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), # 2 Cover Sheet, # 3 Cover Sheet Supplement) (Cronenwett, Mark) (Entered: 01/25/2024) |
| 01/25/2024 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for NovaStar Mortgage Funding Trust, Series 2005-4 NovaStar Home Equity Loan, Asset-Backed Certificates, Series 2005-4. (Clerk QC note: No affiliate entered in ECF). (Cronenwett, Mark) (Entered: 01/25/2024) |
| 01/25/2024 | 3 | New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bdb) (Entered: 01/26/2024) |
| 02/01/2024 | 4 | MOTION for Temporary Restraining Order filed by Dickey Couch with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s), # 2 Affidavit(s)) (Edmondson, Debra) (Entered: 02/01/2024) |
| 02/01/2024 | 5 | Motion to Dismiss for Failure to State a Claim filed by The Bank of New York Mellon (Attachments: # 1 Proposed Order) (Cronenwett, Mark) (Entered: 02/01/2024) |
| 02/01/2024 | 6 | Brief/Memorandum in Support filed by The Bank of New York Mellon re 5 Motion to Dismiss for Failure to State a Claim (Cronenwett, Mark) (Entered: 02/01/2024) |
| 02/01/2024 | 7 | Appendix in Support filed by The Bank of New York Mellon re 5 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit(s)) (Cronenwett, Mark) (Entered: 02/01/2024) |
| 02/01/2024 | 8 | ORDER: The Court ORDERS the parties to confer and file a joint notice on the docket no later than February 5, 2024, outlining an agreed briefing schedule for Plaintiff’s 4 Motion. (Ordered by Judge Reed C. O’Connor on 2/1/2024) (bdb) (Entered: 02/02/2024) |
| 02/05/2024 | 9 | NOTICE of Agreed Proposed Briefing Schedule on Plaintiffs’ Brief in Support of Motion for Temporary Restraining Order, re: 8 Order Setting Deadline/Hearing, filed by The Bank of New York Mellon (Cronenwett, Mark) (Entered: 02/05/2024) |
| 02/06/2024 | 10 | ORDER re: 4 Motion for Temporary Restraining Order and 5 Motion to Dismiss: Responses due by 2/9/2024. Replies due by 2/16/2024. (Ordered by Judge Reed C. O’Connor on 2/6/2024) (bdb) (Entered: 02/06/2024) |
| 02/09/2024 | 11 | RESPONSE filed by The Bank of New York Mellon re: 4 MOTION for Temporary Restraining Order (Cronenwett, Mark) (Entered: 02/09/2024) |
| 02/09/2024 | 12 | Brief/Memorandum in Support filed by The Bank of New York Mellon re 11 Response/Objection (Cronenwett, Mark) (Entered: 02/09/2024) |
| 02/16/2024 | 13 | RESPONSE filed by Dickey Couch, Sharon Couch re: 5 Motion to Dismiss for Failure to State a Claim (Glover, Joseph) (Entered: 02/16/2024) |
| 02/16/2024 | 14 | Brief/Memorandum in Support filed by Dickey Couch, Sharon Couch re 13 Response/Objection (Glover, Joseph) (Entered: 02/16/2024) |
| 02/16/2024 | 15 | Appendix in Support filed by Dickey Couch, Sharon Couch re 14 Brief/Memorandum in Support of Motion (Glover, Joseph) (Entered: 02/16/2024) |
| 02/23/2024 | 16 | NOTICE of of service of Initial Disclosures filed by The Bank of New York Mellon (Cronenwett, Mark) (Entered: 02/23/2024) |
| 02/23/2024 | 17 | REPLY filed by The Bank of New York Mellon re: 5 Motion to Dismiss for Failure to State a Claim (Cronenwett, Mark) (Entered: 02/23/2024) |
| 02/23/2024 | 18 | Pretrial Disclosures filed by Dickey Couch, Sharon Couch. (Glover, Joseph) (Entered: 02/23/2024) |
| 02/28/2024 | 19 |
MEMORANDUM OPINION & ORDER: The Court GRANTS in part and DENIES in part the Motion to Dismiss (ECF No. 5 ) and GRANTS the Motion for TRO (ECF No. 4 ). This Temporary Restraining Order SHALL remain effective for fourteen days and expire at 11:59 PM on March 13, 2024. Counsel for Plaintiffs and Defendant are ORDERED to appear for a preliminary injunction hearing on Tuesday, March 5, 2024 at 9:00 AM in the Second Floor Courtroom of the Eldon B. Mahon United States Courthouse (501 West 10th Street, Fort Worth, Texas 76102). The parties are ORDERED to file supplemental briefing on the foregoing issues in advance of the preliminary injunction hearing, but not later than March 1, 2024. (Ordered by Judge Reed C. O’Connor on 2/28/2024) (saw) (Entered: 02/28/2024) |
| 03/01/2024 | 20 | Brief/Memorandum in Support filed by Dickey Couch, Sharon Couch re 19 Memorandum Opinion and Order,,,, Order Setting Deadline/Hearing,,, (Glover, Joseph) (Entered: 03/01/2024) |
| 03/01/2024 | 21 | ANSWER to Complaint filed by The Bank of New York Mellon. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Cronenwett, Mark) (Entered: 03/01/2024) |
| 03/01/2024 | 22 | MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(C), filed by The Bank of New York Mellon (Attachments: # 1 Proposed Order) (Cronenwett, Mark) (Entered: 03/01/2024) |
| 03/01/2024 | 23 | Brief/Memorandum in Support filed by The Bank of New York Mellon re 22 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(C), (Cronenwett, Mark) (Entered: 03/01/2024) |
| 03/01/2024 | 24 | Supplemental Document by The Bank of New York Mellon as to 19 Memorandum Opinion and Order,,,, Order Setting Deadline/Hearing,,, Supplemental Brief in Compliance with the Court’s Order. (Cronenwett, Mark) (Entered: 03/01/2024) |
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| 03/03/2024 10:35:12 |
HOMEOWNERS NATIONWIDE: READ THIS
Joanna’s possession ripened its claim into “full title precluding all claims,” it established her as the true and lawful owner and rightful possessor of the land, from the beginning. It entitles Joanna to judgment for the title and possession. pic.twitter.com/ozzsJHGKRE— lawsinusa (@lawsinusa) March 6, 2024
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.
