HOMEOWNERS’ DOIN’ WELL IN 2024
Sanctioned “Foreclosure Defense” Lawyer’s Clients are Not Being Targeted and Harassed
HOW MANY MONTHS AND DAYS SINCE DISMISSAL, AND NO FORECLOSURE AUCTION?
From and including: Thursday, October 19, 2023
To, but not including Thursday, April 4, 2024
Result: 168 days
It is 168 days from the start date to the end date, but not including the end date.
Or 5 months, 16 days excluding the end date.
Y’all @LockeLord are invited to join LIT as we prepare before responding to your purported legal objections re Dorman Intervention. We’ll be workin’ live while y’all negotiate a dismissal of the case prior to any decision. Hence, we’re publishing as we go. https://t.co/jH24nf9PRU pic.twitter.com/rmGqDuRvPK
— lawsinusa (@lawsinusa) April 3, 2024
HOMEOWNERS’ LOSE, BANK WINS
Note: The memorandum incorrectly states dismissal is with prejudice but also states in the opinion without prejudice. The final judgment is WITH PREJUDICE (Oct. 19, 2023).
LIT COMMENTARY
Defendants U.S. Bank National Association, as Trustee For Secured Asset Securities Corporation Mortgage Loan Trust 2007-RFI (“Trustee Bank”), and Wells Fargo Bank, N.A. (“Wells Fargo”) (Trustee Bank and Wells Fargo, collectively, “Defendants”) file this Notice of Non-Filing to notify the Court that Plaintiff Cornell L. Galentine (“Plaintiff”)1 has failed to timely respond to Defendants’ Motion for Judgment on the Pleadings and Brief in Support (Doc. No. 34) (the “Motion for Judgment on the Pleadings”), and respectfully show the Court the following:
On September 7, 2023, Defendants filed and served their Motion for Judgment on the Pleadings.
(Doc. No. 34).
Plaintiff’s deadline to respond to the Motion for Judgment on the Pleadings was September 28, 2023.
See SDTX LR7.3 (“Opposed motions will be submitted to the judge 21days from filing.”).
As of the date of this filing, Plaintiff has not filed a response to the Motion
for Judgment on the Pleadings. Southern District of Texas Local Rule 7.4 authorizes this Court to rule on the Motion for Judgment on the Pleadings and determine Plaintiff’s failure to respond to “as a representation of no opposition.”
SDTX LR7.4.
WHEREFORE, Defendants respectfully request that the Court grant the Motion for Judgment on the Pleadings as unopposed pursuant to Southern District of Texas Local Rule 7.4 and dismiss all of Plaintiff’s claims with prejudice. Defendants further pray that the Court grant all other and further relief in law or in equity to which they may be entitled.
1 Defendants refer only to Plaintiff in this Motion for Judgment on the Pleadings. Sallie Galentine passed away during the pendency of this lawsuit. Plaintiff, as the surviving spouse of the deceased, is the proper plaintiff in this action. (Doc. No. 18).
Respectfully submitted,
NOTICE OF NON-FILING re: 34 MOTION for Judgment on the Pleadings and Brief in Support / Judgment by U.S. Bank National Association, Wells Fargo Bank, N.A., filed. (Turner, Helen) (Entered: 10/04/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01781
| Galentine et al v. U.S. Bank National Association et al Assigned to: Judge Sim Lake
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/01/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/25/2023 | 27 | ORDER – Granting 26 Unopposed MOTION for Matthew H. Davis to Withdraw as Attorney for U.S. Bank National Association, Wells Fargo Bank, N.A…*** Attorney Matthew Hogan Davis terminated. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 05/25/2023) |
| 05/26/2023 | 28 | NOTICE of Appearance by B. David L. Foster on behalf of U.S. Bank National Association, Wells Fargo Bank, N.A., filed. (Foster, Benjamin) (Entered: 05/26/2023) |
| 06/29/2023 | 29 | STATUS REPORT and AGREED JOINT MOTION TO ENTER NEW DOCKET CONTROL ORDER by Wells Fargo Bank, N.A., filed. (Attachments: # 1 Proposed Order Order Granting Agreed Joint Motion to Enter New Docket Control Order)(Turner, Helen) (Entered: 06/29/2023) |
| 06/30/2023 | 30 | THIRD AMENDED DOCKET CONTROL ORDER – Granting 29 STATUS REPORT and AGREED JOINT MOTION TO ENTER NEW DOCKETCONTROL ORDER. Pretrial Motions/Motions in Limine due by 9/1/2023, Joint Pretrial Order due by 10/6/2023…*** Docket Call RESET for 10/13/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake…*** STAYED flag cleared. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 06/30/2023) |
| 08/18/2023 | 31 | Unopposed MOTION to Waive Mediation by U.S. Bank National Association, Wells Fargo Bank, N.A., filed. Motion Docket Date 9/8/2023. (Attachments: # 1 Proposed Order Granting Unopposed Motion to Waive Mediation)(Turner, Helen) (Entered: 08/18/2023) |
| 08/21/2023 | 32 | ORDER – Granting 31 Unopposed MOTION to Waive Mediation. ORDERED that the Court’s 30 Third Amended Docket Control Order requiring either mediation or a settlement conference before a magistrate judge is WAIVED. ORDERED that the parties may file any dispositive motion without a declaration of an impasse by a mediator or magistrate judge. ORDERED that all dispositive motions must be filed by 9/8/23. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 08/21/2023) |
| 08/31/2023 | 33 | MOTION In Limine / Defendants’ Motions in Limine by U.S. Bank National Association, Wells Fargo Bank, N.A., filed. Motion Docket Date 9/21/2023. (Turner, Helen) (Entered: 08/31/2023) |
| 09/07/2023 | 34 | MOTION for Judgment on the Pleadings and Brief in Support / Judgment by U.S. Bank National Association, Wells Fargo Bank, N.A., filed. Motion Docket Date 9/28/2023. (Attachments: # 1 Exhibit (s) A – C, # 2 Proposed Order Granting Motion for Judgment on the Pleadings)(Turner, Helen) (Entered: 09/07/2023) |
| 10/04/2023 | 35 | NOTICE OF NON-FILING re: 34 MOTION for Judgment on the Pleadings and Brief in Support / Judgment by U.S. Bank National Association, Wells Fargo Bank, N.A., filed. (Turner, Helen) (Entered: 10/04/2023) |
ORDER – Pursuant to the 24 Amended Suggestion of Bankruptcy this action is STAYED.
The Parties are ORDERED to submit a Joint Status Report by June 30, 2023, and every sixty (60) days thereafter.
( Status Report due by 6/30/2023 and every 60 day thereafter )
..*** Deadlines terminated..*** STAYED flag set. (Signed by Judge Sim Lake)
Parties notified.(sanderson, 4) (Entered: 04/24/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01781
| Galentine et al v. U.S. Bank National Association et al Assigned to: Judge Sim Lake
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/01/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/10/2023 | 23 | SUGGESTION OF BANKRUPTCY by Cornell L. Galentine, filed. (Attachments: # 1 Exhibit A- Voluntary Petition)(Singh, Brendon) (Entered: 04/10/2023) |
| 04/21/2023 | 24 | AMENDED SUGGESTION OF BANKRUPTCY by Cornell L. Galentine, filed. (Attachments: # 1 Exhibit A- Petition)(Singh, Brendon) (Entered: 04/21/2023) |
| 04/24/2023 | 25 | ORDER – Pursuant to the 24 Amended Suggestion of Bankruptcy this action is STAYED. The Parties are ORDERED to submit a Joint Status Report by June 30, 2023, and every sixty (60) days thereafter. ( Status Report due by 6/30/2023 and every 60 day thereafter )..*** Deadlines terminated..*** STAYED flag set. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 04/24/2023) |
| 05/25/2023 | 26 | Unopposed MOTION for Matthew H. Davis to Withdraw as Attorney by U.S. Bank National Association, Wells Fargo Bank, N.A., filed. Motion Docket Date 6/15/2023. (Attachments: # 1 Proposed Order Granting Unopposed Motion to Withdraw Matthew H. Davis as Counsel)(Davis, Matthew) (Entered: 05/25/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/25/2023 12:10:01 |
ORDER –
Granting 21 Agreed MOTION for Continuance of Trial and to Amend Docket Control Order [Agreed].
Pretrial Motions/Motions in Limine due by 6/2/2023,
Joint Pretrial Order due by 7/7/2023…
*** Docket Call RESET for 7/14/2023 at 3:00 PM in Courtroom 9B before Judge Sim Lake.
(Signed by Judge Sim Lake) Parties notified. (sanderson, 4)
(Entered: 03/15/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01781
| Galentine et al v. U.S. Bank National Association et al Assigned to: Judge Sim Lake
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/01/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/27/2023 | 18 | SUGGESTION OF DEATH as to SALLIE GALENTINE / SUGGESTION OF DEATH UPON THE RECORD OF PLAINTIFF SALLIE GALENTINE by U.S. Bank National Association, Wells Fargo Bank, N.A., filed.(Turner, Helen) (Entered: 01/27/2023) |
| 01/27/2023 | 19 | Joint MOTION for Continuance of Trial and to Amend Docket Control Order by U.S. Bank National Association, Wells Fargo Bank, N.A., filed. Motion Docket Date 2/21/2023. (Attachments: # 1 Proposed Order Granting Agreed Joint Motion for Trial Continuance and to Amend Docket Control Order)(Turner, Helen) (Entered: 01/27/2023) |
| 01/27/2023 | 20 | ORDER – Granting 19 Joint MOTION for Continuance of Trial and to Amend Docket Control Order : Joint Pretrial Order due by 5/2/2023, Pretrial Motions due by 4/4/2023…*** Docket Call RESET for 5/12/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 01/27/2023) |
| 03/15/2023 | 21 | Agreed MOTION for Continuance of Trial and to Amend Docket Control Order [Agreed] by U.S. Bank National Association, Wells Fargo Bank, N.A., filed. Motion Docket Date 4/5/2023. (Attachments: # 1 Proposed Order Granting Second Agreed Motion for Trial Continuance and to Amend Docket Control Order)(Turner, Helen) (Entered: 03/15/2023) |
| 03/15/2023 | 22 | ORDER – Granting 21 Agreed MOTION for Continuance of Trial and to Amend Docket Control Order [Agreed]. Pretrial Motions/Motions in Limine due by 6/2/2023, Joint Pretrial Order due by 7/7/2023…*** Docket Call RESET for 7/14/2023 at 3:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 03/15/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/15/2023 12:42:42 |
Greta Douglas Enters Judge Tanya Garrison’s Court with Pay to Delay Lawyer Brandy Alexander https://t.co/YSrrvMSWe2
— lawsinusa (@lawsinusa) March 15, 2023
Galentine v. U.S. Bank National Association, as Trustee for Secured Asset Securities Corporation Mortgage Loan Trust 2007-RFI
(4:22-cv-01781)
District Court, S.D. Texas
JUN 1, 2022 | REPUBLISHED BY LIT: JUN 2, 2022
Brandy Alexander nor the clients have filed a response to the Nov. 15 discovery requests.
The mill lawyers wake up…
Another Brandy Alexander case on the go slow, no movement since mid-August when 2 new counsel for Locke Lord swept into the case and then disappeared.
This is not the first case we have seen him substituted…just sayin’
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01781
Create an Alert for This Case on RECAP
| Galentine et al v. U.S. Bank National Association et al Assigned to: Judge Sim Lake
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/01/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/16/2022 | 13 | Unopposed MOTION for Arthur E. Anthony to Withdraw as Attorney by Wells Fargo Bank, N.A., filed. Motion Docket Date 9/6/2022. (Attachments: # 1 Proposed Order)(Anthony, Arthur) (Entered: 08/16/2022) |
| 08/16/2022 | 14 | ORDER – Granting 13 Unopposed MOTION for Arthur E. Anthony to Withdraw as Attorney for Wells Fargo Bank, N.A….*** Attorney Arthur E Anthony terminated. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 08/16/2022) |
| 08/18/2022 | 15 | NOTICE of Appearance by Matthew H. Davis on behalf of U.S. Bank National Association, Wells Fargo Bank, N.A., filed. (Davis, Matthew) (Entered: 08/18/2022) |
| 08/25/2022 | 16 | NOTICE of Appearance by Helen O. Turner on behalf of U.S. Bank National Association, Wells Fargo Bank, N.A., filed. (Turner, Helen) (Entered: 08/25/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/19/2022 15:19:30 |
CLERKS NOTICE OF CANCELLATION
Initial Conference set for 6/24/2022 at 02:00 PM before Judge Sim Lake is CANCELED.
Parties notified, filed.
(sanderson, 4) (Entered: 06/15/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01781
Create an Alert for This Case on RECAP
| Galentine et al v. U.S. Bank National Association et al Assigned to: Judge Sim Lake
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 06/01/2022 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Cornell L. Galentine | represented by | Brandy Michelle Alexander Alexander Law, PLLC 2502 La Branch St Houston, TX 77004 832-360-2318 Fax: 346-998-0886 Email: brandyalexander@alexanderpllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Sallie Galentine | represented by | Brandy Michelle Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| U.S. Bank National Association as Trustee for Secured Asset Securities Corporation Mortgage Loan Trust 2007-RFI |
represented by | Camille Denise Griffith Locke Lord LLP 2200 Ross Ave Suite #2800 Dallas, TX 75201 214-740-8490 Fax: 214-740-8800 Email: Camille.Griffith@lockelord.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Wells Fargo Bank, N.A. | represented by | Camille Denise Griffith (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/01/2022 | 1 | NOTICE OF REMOVAL from 11th Judicial District Court of Harris Co., TX, case number 2022-25990 (Filing fee $ 402 receipt number ATXSDC-28257704) filed by Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Griffith, Camille) (Entered: 06/01/2022) |
| 06/01/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by U.S. Bank National Association, as Trustee for Secured Asset Securities Corporation Mortgage Loan Trust 2007-RFI, Wells Fargo Bank, N.A., filed.(Griffith, Camille) (Entered: 06/01/2022) |
| 06/02/2022 | 3 | NOTICE in a Removed or Transferred Case (Signed by Judge Lynn N Hughes) Parties notified.(AkeitaMichael, 4) (Entered: 06/02/2022) |
| 06/02/2022 | 4 | CORPORATE DISCLOSURE STATEMENT by U.S. Bank National Association identifying U.S. Bancorp as Corporate Parent, filed.(Griffith, Camille) (Entered: 06/02/2022) |
| 06/02/2022 | 5 | CORPORATE DISCLOSURE STATEMENT by Wells Fargo Bank, N.A. identifying Wells Fargo & Company as Corporate Parent, filed.(Griffith, Camille) (Entered: 06/02/2022) |
| 06/03/2022 | 6 |
ORDER OF RECUSAL. Judge Lynn N Hughes recused. Case reassigned to Judge Sim Lake for all further proceedings. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 06/03/2022) |
| 06/06/2022 | 7 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/24/2022 at 02:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 06/06/2022) |
| 06/13/2022 | 8 | CERTIFICATE OF INTERESTED PARTIES by Cornell L. Galentine, Sallie Galentine, filed.(Alexander, Brandy) (Entered: 06/13/2022) |
| 06/13/2022 | 9 | INITIAL DISCLOSURES by Cornell L. Galentine, Sallie Galentine, filed.(Alexander, Brandy) (Entered: 06/13/2022) |
| 06/14/2022 | 10 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by U.S. Bank National Association, Wells Fargo Bank, N.A., filed.(Griffith, Camille) (Entered: 06/14/2022) |
| 06/15/2022 | 11 | CLERKS NOTICE OF CANCELLATION – Initial Conference set for 6/24/2022 at 02:00 PM before Judge Sim Lake is CANCELED. Parties notified, filed. (sanderson, 4) (Entered: 06/15/2022) |
| 06/15/2022 | 12 | DOCKET CONTROL ORDER: Amended Pleadings due by 8/19/2022. Joinder of Parties due by 8/19/2022. Pltf Expert Witness List/Reports due by 9/16/2022. Deft Expert Witness List/Reports due by 10/21/2022. Discovery due by 12/16/2022. Pretrial Motions/Motions in Limine due by 2/3/2023. Joint Pretrial Order due by 3/3/2023…*** Docket Call set for 3/10/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 06/15/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/15/2022 12:13:43 |
Today, Friday, June 3, 2022 – the day after we published this and that – Judge Hughes self-recuses.
Why? Records show he’s been on many recent US Bank foreclosures?
We have a good idea it was ‘that‘ which made him shy away from this foreclosure proceeding.
202225990
GALENTINE, CORNELL L vs. U S BANK NATIONAL ASSOCIATION (AS TRUSTEE FOR SECURED ASSET
MAY 2, 2022 | REPUBLISHED BY LIT: JUN 2, 2022
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