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U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust v. Previty
(2:19-cv-00369)
District Court, S.D. Texas
DEC 6, 2019 | REPUBLISHED BY LIT: AUG 18, 2021
On December 8, 2020, Plaintiff filed Plaintiff’s Motion for Final Default Judgment (“Motion”). (ECF No. 27.) The Court entered the Order granting Plaintiff’s Motion on January 7, 2021. (ECF No. 28.) The Order allowed Plaintiff to seek attorneys’ fees through subsequent motion pursuant to Federal Rule of Civil Procedure 54(d)(2)(B)(i).
Plaintiff incurred $10,907.70 in reasonable and necessary attorneys’ fees in filing and prosecuting Plaintiff’s claims to enforce its interest in certain real property as a result of the default under the loan agreement made subject to this suit. See Exhibit A, Declaration of Mark D. Cronenwett. A true and correct copy of the detailed billing statements showing the attorneys’ fees by name, date, and amount is attached hereto as Exhibit A-2. Accordingly, in this Motion, Plaintiff requests an award of attorneys’ fees in the amount of $10,907.70 that it has incurred in this case.
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| CLOSED |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Corpus Christi)
CIVIL DOCKET FOR CASE #: 2:19-cv-00369
| U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust v. Previty et al Assigned to: Judge David S Morales Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 12/06/2019 Date Terminated: 01/07/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust Series NC 2006 HE2 Asset Backed Pass Through Certificates, Series NC 2006 HE2 |
represented by | Mark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Ste. 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDSamin Hessami Mackie Wolf et al 5177 Richmond Ave. Ste 1230 Houston, TX 77056 214-635-2650 Email: shessami@mwzmlaw.com ATTORNEY TO BE NOTICEDVivian Nahir Lopez Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway, Suite 900 Dallas, TX 75254 214-635-2662 Email: vlopez@mwzmlaw.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Michael Previty | ||
| Defendant | ||
| Daniel Previty | ||
| Defendant | ||
| Patricia Previty | ||
| Defendant | ||
| Theresa Lopez | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 12/06/2019 | 1 | COMPLAINT against Theresa Lopez, Daniel Previty, Michael Previty, Patricia Previty (Filing fee $ 400 receipt number 0541-23717663) filed by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 12/06/2019) |
| 12/06/2019 | 2 | CERTIFICATE OF INTERESTED PARTIES by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed.(Cronenwett, Mark) (Entered: 12/06/2019) |
| 12/06/2019 | 3 | Request for Issuance of Summons as to All Defendants, filed.(Cronenwett, Mark) (Entered: 12/06/2019) |
| 12/09/2019 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Pretrial Conference set for 3/18/2020 at 09:45 AM before Judge David S Morales(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 12/09/2019) |
| 01/06/2020 | 5 | RETURN of Service of SUMMONS Executed as to Michael Previty served on 12/21/2019, answer due 1/13/2020, filed.(Hessami, Samin) (Entered: 01/06/2020) |
| 01/15/2020 | 6 | RETURN of Service of SUMMONS Executed as to Daniel Previty served on 12/21/2019, answer due 1/13/2020, filed.(Hessami, Samin) (Entered: 01/15/2020) |
| 01/15/2020 | 7 | RETURN of Service, filed.(Hessami, Samin) (Entered: 01/15/2020) |
| 03/02/2020 | 8 | MOTION to Abate by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 3/23/2020. (Attachments: # 1 Proposed Order)(Hessami, Samin) (Entered: 03/02/2020) |
| 03/13/2020 | 9 | ORDER granting 8 Motion to Abate.(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 03/13/2020) |
| 03/13/2020 | 10 | NOTICE of Resetting. Parties notified. Initial Pretrial Conference set for 6/17/2020 at 09:45 AM before Judge David S Morales, filed. (arodriguez, 2) (Entered: 03/13/2020) |
| 04/14/2020 | 11 | MOTION to Substitute for Substituted Service on Patricia Previty by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 5/5/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 04/14/2020) |
| 04/22/2020 | 12 | ORDER granting 11 Motion to Substitute Service on defendant Patricia Previty.(Signed by Judge David S Morales) Parties notified.(srussell, 2) (Entered: 04/22/2020) |
| 06/05/2020 | 13 | MOTION for Entry of Order re: Order of No Interest in Property by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 6/26/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 06/05/2020) |
| 06/05/2020 | 14 | REQUEST for Entry of Default against Daniel Previty, Michael Previty, Patricia Previty by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 06/05/2020) |
| 06/05/2020 | 15 | MOTION for Default Judgment against Daniel Previty, Michael Previty, Patricia Previty by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 6/26/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hessami, Samin) (Entered: 06/05/2020) |
| 06/18/2020 | 16 | ***DISREGARD – DOCKETED IN ERROR – USED WRONG EVENT***. CLERK’S ENTRY OF JUDGMENT Parties notified.(jmarks, 2) (Entered: 06/18/2020) |
| 06/18/2020 | 17 | ORDER striking 15 Motion for Default Judgment.(Signed by Judge David S Morales) Parties notified.(lrivera, 2) (Entered: 06/18/2020) |
| 06/18/2020 | 18 | Clerks ENTRY OF DEFAULT against Theresa Lopez, Daniel Previty, Michael Previty, Patricia Previty Parties notified.(jmarks, 2) (Entered: 06/18/2020) |
| 07/14/2020 | 19 | MOTION for Default Judgment against All Defendants by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 8/4/2020. (Attachments: # 1 Proposed Order)(Hessami, Samin) (Entered: 07/14/2020) |
| 11/19/2020 | 20 | ORDER denying 13 Motion to enter order of no interest in property as to defendant Teresa Lopez (Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 11/19/2020) |
| 11/19/2020 | 21 | SUPPLEMENT to 19 MOTION for Default Judgment against All Defendants by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed.(Lopez, Vivian) (Entered: 11/19/2020) |
| 12/02/2020 | 22 | ORDER striking 18 Entry of Default as to Theresa Lopez, 19 Motion for Default Judgment, 21 Supplement.(Signed by Judge David S Morales) Parties notified.(fcarbia, 2) (Entered: 12/03/2020) |
| 12/03/2020 | 23 | RETURN of Service of SUMMONS Executed as to Theresa Lopez served on 4/14/2020, answer due 5/5/2020, filed.(Lopez, Vivian) (Entered: 12/03/2020) |
| 12/03/2020 | 24 | RETURN of Service of SUMMONS Executed as to Patricia Previty served on 4/25/2020, answer due 5/18/2020, filed.(Lopez, Vivian) (Entered: 12/03/2020) |
| 12/04/2020 | 25 | REQUEST for Entry of Default against Theresa Lopez by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 12/04/2020) |
| 12/07/2020 | 26 | Clerks ENTRY OF DEFAULT against Theresa Lopez Parties notified.(jmarks, 2) (Entered: 12/07/2020) |
| 12/08/2020 | 27 | MOTION for Default Judgment against All Defendants by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 12/29/2020. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 12/08/2020) |
| 01/07/2021 | 28 | DEFAULT JUDGMENT against Theresa Lopez, Daniel Previty, Michael Previty, Patricia Previty ; GRANTING 27 MOTION for Default Judgment against All Defendants. Copy of this order was sent by regular mail to each defendant at their last known address. Case terminated on 1/7/21(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 01/07/2021) |
| 01/11/2021 | 29 | MOTION for Attorney Fees by U.S Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, filed. Motion Docket Date 2/1/2021. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 01/11/2021) |
| 02/02/2021 | 30 | ORDER granting 29 Motion for Attorney Fees.(Signed by Judge David S Morales) Parties notified.(arodriguez, 2) (Entered: 02/02/2021) |
