OPERATION CLEANUP
THE WOLVES, THE CATHOLIC BANDIT ALONG WITH JUDGES BENNETT N’ HO ARE CLEANIN’ HOUSE
This case is being dismissed without prejudice after LIT’s current and ongoing investigations, which are being literally live-streamed on social media via X (Twitter).
Here, the Wolves were pursuing their usual theft of homes after death of the homeowner(s). However, this case came with a critical detail that was admitted by the family’s estate which US Bank, PHH, their counsel and the court blanked. Now that’s haunting them and we’ll gladly explain why shortly.
+++
So it appears the case has kicked off again. There’s been a lot of striking by MJ Ho, but no strike for a late response to an amended complaint. We checked, Memorial day was Monday, May 27 so that didn’t impact the time to respond.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499
| U.S. Bank N.A. v. Lindsey Assigned to: Judge Alfred H Bennett Referred to: Magistrate Judge Yvonne Y Ho Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 10/11/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/16/2024 | 49 | MOTION for Leave to File Second Amended ComplaintMotions referred to Yvonne Y Ho. by U.S. Bank N.A., filed. Motion Docket Date 5/7/2024. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Gregory, John) (Entered: 04/16/2024) |
| 04/16/2024 | 50 | **STRICKEN BY ORDER 51 ** Second AMENDED COMPLAINT against Diana Lindsey individually, and in her capacity as Independent Executor of the Estate of Leal Lindsey, also known as Lela Mosely Lindsey, Deceased filed by U.S. Bank N.A.. (Attachments: # 1 Exhibit) (Gregory, John) Modified on 4/16/2024 (rlw4). (Entered: 04/16/2024) |
| 04/16/2024 | 51 |
ORDER striking 49 Motion for Leave to File. Plaintiff’s motion for leave (Dkt. 49 ) as well as its separately-filed second amended complaint, for which leave has yet to be granted (Dkt. 50 ) are therefore STRICKEN. This Order is without prejudice to Plaintiff filing a compliant version of its motion. Any further amended complaint, however, cannot be filed unless and until the Court grants leave to file it. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4) (Entered: 04/16/2024) |
| 04/16/2024 | 52 | MOTION for Leave to File Second Amended ComplaintMotions referred to Yvonne Y Ho. by U.S. Bank N.A., filed. Motion Docket Date 5/7/2024. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Gregory, John) (Entered: 04/16/2024) |
| 04/17/2024 | 53 | ORDER granting 52 Motion for Leave to File. Finding good cause, the Court GRANTS the Plaintiff’s second motion for leave (Dkt. 52 ) and ORDERS Plaintiff to file its second amended complaint no later than April 19, 2024. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4) (Entered: 04/17/2024) |
| 04/17/2024 | 54 | Second AMENDED COMPLAINT against Diana Lindsey individually, and in her capacity as Independent Executor of the Estate of Leal Lindsey, also known as Lela Mosely Lindsey, Deceased filed by U.S. Bank N.A.. (Attachments: # 1 Exhibit) (Gregory, John) (Entered: 04/17/2024) |
| 05/20/2024 | 55 | ANSWER to 54 Amended Complaint/Counterclaim/Crossclaim etc., by Diana Lindsey, filed. (Carrigan, Mark) (Entered: 05/20/2024) |
| 08/05/2024 | 56 | DESIGNATION OF EXPERT WITNESS LIST by Diana Lindsey, filed. (Attachments: # 1 Exhibit) (Carrigan, Mark) (Entered: 08/05/2024) |
| 08/06/2024 | 57 | Additional EXHIBITS re: 56 Designation of Expert Witness List by Diana Lindsey, filed. (Carrigan, Mark) (Entered: 08/06/2024) |
| 08/20/2024 | 58 | ORDER STRIKING DISCOVERY FILINGS: Dkt. 56 and 57 . (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4) (Main Document 58 replaced on 8/20/2024) (rlw4). (Entered: 08/20/2024) |
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| 08/20/2024 12:43:22 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499
| U.S. Bank N.A. v. Lindsey Assigned to: Judge Alfred H Bennett Referred to: Magistrate Judge Yvonne Y Ho Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 10/11/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/02/2024 | 59 | MOTION Motion to Extend Discovery Period and Dispositive Motion DeadlineMotions referred to Yvonne Y Ho. by U.S. Bank N.A., filed. Motion Docket Date 10/23/2024. (Attachments: # 1 Proposed Order) (Gregory, John) (Entered: 10/02/2024) |
| 10/03/2024 | 60 | ORDER denying 59 Motion. As the Scheduling Order warns, “[n]o continuance will be granted because of information acquired in post-deadline discovery.” U.S. Bank has not shown good cause for modifying that limitation now. Accordingly, it is ORDERED that U.S. Bank’s request for an extension of the discovery and the motions deadlines is DENIED. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4) (Entered: 10/03/2024) |
| 10/04/2024 | 61 | MOTION for Summary Judgment Motions referred to Yvonne Y Ho. by U.S. Bank N.A., filed. Motion Docket Date 10/25/2024. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Gregory, John) (Entered: 10/04/2024) |
| 10/07/2024 | 62 | Unopposed MOTION for Mark D. Cronenwett to Withdraw as AttorneyMotions referred to Yvonne Y Ho. by U.S. Bank N.A., filed. Motion Docket Date 10/28/2024. (Attachments: # 1 Proposed Order) (Cronenwett, Mark) (Entered: 10/07/2024) |
| 10/08/2024 | 63 | ORDER granting 62 Motion to Withdraw as Attorney. Attorney Mark Douglas Cronenwett terminated. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (rlw4) (Entered: 10/08/2024) |
| 10/24/2024 | 64 | RESPONSE to 61 MOTION for Summary Judgment filed by Diana Lindsey. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Carrigan, Mark) (Entered: 10/24/2024) |
| 11/26/2024 | 65 | NOTICE Plaintiffs Notice of Service of Supplemental Responses to Defendants First Request for Production by U.S. Bank N.A., filed. (Gregory, John) (Entered: 11/26/2024) |
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| 11/26/2024 14:30:39 |
A lack of [under]standing: How Legal Bandits and Judicial Outlaws act without subject-matter jurisdiction. Alas, immunity allows them to act maliciously and criminally, acts which are supported by State and Federal Gov, especially lawsuits involving title deed fraudsters. #txlege pic.twitter.com/GMDian8Lq5
— lawsinusa (@lawsinusa) February 13, 2024
U.S. Bank N.A. v. Lindsey
(4:22-cv-03499)
District Court, S.D. Texas, Judge Al ‘Bent’ Bennett
OCT 11, 2022 | REPUBLISHED BY LIT: OCT 12, 2022
Jun 22, OCT 13, 2023
One Year Later….
JAN 18, FEB 15, 2024
2024: Mag Judge Ho: You cannot get your insurance funds from PHH Mortgage, your servicer, but you can come to court as a lawyer claiming clients own a property they’ve stolen from a distressed homeowner and we’ll turn a blind eye to the mortgage fraud.
Date LIT last updated / visited article
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499
| U.S. Bank Trust Company, National Association, as Trustee, as Successor-in-Interest to U.S. Bank, et al v. Lindsey Assigned to: Judge Alfred H Bennett Referred to: Magistrate Judge Yvonne Y Ho Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 10/11/2022 Jury Demand: Defendant Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/08/2024 | 46 | NOTICE of Resetting. Parties notified. Initial Conference reset for 2/13/2024 at 10:00 AM by video before Magistrate Judge Yvonne Y Ho, filed. (RachelWillborg, 4) (Entered: 02/08/2024) |
| 02/13/2024 | 47 | SCHEDULING ORDER: Amended Pleadings due by 5/20/2024. Pltf Expert Report due by 7/5/2024. Deft Expert Report due by 8/5/2024. Discovery due by 10/4/2024. Dispositive Motion Filing due by 10/4/2024. Joint Pretrial Order due by 1/31/2025. Docket Call set for 2/21/2025 at 01:30 PM in Courtroom 9A before Judge Alfred H Bennett. Jury Trial set for 2/24/2025 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (RachelWillborg, 4) (Main Document 47 replaced on 2/13/2024) (RachelWillborg, 4). (Entered: 02/13/2024) |
| 02/15/2024 | 48 | NOTICE of Dismissal as to All Defendants by U.S. Bank N.A., filed. (Attachments: # 1 Proposed Order)(Gregory, John) (Entered: 02/15/2024) |
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| 02/15/2024 13:12:13 |
Memorandum and Recommendations
Extract, in part;
Lindsey cannot compel a third-party insurer to release funds.
Before retaining counsel, Lindsey submitted a filing styled as a “motion to compel the release of decease [sic] homeowner insurance funds to settle this civil suit.”
Dkt. 26.
The motion requests that PHH Mortgage, which she describes as the insurer of the Property, be required “to cover the cost of the property in controversy and the requested amount by” U.S. Bank.3
Id. at 1.
There is no legal basis for Lindsey’s requested relief.
PHH Mortgage is not a party to this suit.
That alone precludes compelling it to provide any funds.
And even if PHH Mortgage insured the Property, Lindsey submitted no evidence suggesting that the policy would cover the amounts sought by U.S. Bank for non-payment of the loan.
Nor is there any indication that Lindsey has the right to compel payment of any such benefits. Lindsey’s motion to compel PHH Mortgage to “release” insurance funds should be denied.
Based on other filings, PHH Mortgage appears to be the loan servicing company, not an insurer. See Dkt. 1-1 at 38 (PHH Mortgage name on notice of default).
Return of Service Executed
Order on Motion to Substitute
MOTION for Appointment of Guardian Ad Litem by U.S. Bank N.A., filed. Motion Docket Date 3/29/2023.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499
| U.S. Bank Trust Company, National Association, as Trustee, as Successor-in-Interest to U.S. Bank, et al v. Lindsey Assigned to: Judge Alfred H Bennett Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 10/11/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/08/2023 | 21 | MOTION for Appointment of Guardian Ad Litem by U.S. Bank N.A., filed. Motion Docket Date 3/29/2023. (Attachments: # 1 Proposed Order)(Cox, Sarah) (Entered: 03/08/2023) |
| 03/10/2023 | 22 | MOTION to Substitute Party in place of U.S. Bank N.A. by U.S. Bank N.A., filed. Motion Docket Date 3/31/2023. (Attachments: # 1 Proposed Order)(Cox, Sarah) (Entered: 03/10/2023) |
| 03/10/2023 | 23 | RETURN of Service of SUMMONS Executed as to Destiny Ross served on 2/9/2023, answer due 3/2/2023, filed.(Cox, Sarah) (Entered: 03/10/2023) |
| 03/30/2023 | 24 | RETURN of Service of SUMMONS Executed as to Cheryl Ahamba served on 3/1/2023, answer due 3/22/2023, filed.(Cox, Sarah) (Entered: 03/30/2023) |
| 03/30/2023 | 25 | MOTION to Substitute Service on Defendant Bermoine Lindsey, Jr. by U.S. Bank N.A., filed. Motion Docket Date 4/20/2023. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Cox, Sarah) (Entered: 03/30/2023) |
| 04/04/2023 | 26 | MOTION to Compel The Release of Decease Homeowner Insurance Funds to Settle This Civil Suit by Diana Lindsey, filed. Motion Docket Date 4/25/2023. (AkeitaMichael, 4) (Main Document 26 replaced on 4/5/2023) (AkeitaMichael, 4). (Additional attachment(s) added on 4/5/2023: # 1 Unredacted attachment) (AkeitaMichael, 4). (Entered: 04/04/2023) |
| 04/10/2023 | 27 | ORDER granting 22 Motion to Substitute Party.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 04/10/2023) |
| 04/13/2023 | 28 | NOTICE of Appearance by Mark A. Carrigan on behalf of Diana Lindsey, filed. (Carrigan, Mark) (Entered: 04/13/2023) |
| 04/13/2023 | 29 | ORDER granting 21 Motion to Appoint. Scott Link appointed as Guardian Ad Litem.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 04/13/2023) |
| 04/14/2023 | 30 | NOTICE of Setting. Parties notified. Status Conference set for 6/23/2023 at 10:00 AM in Courtroom 9A before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 04/14/2023) |
| 04/17/2023 | 31 | PROPOSED ORDER , filed.(Cox, Sarah) (Entered: 04/17/2023) |
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| 04/27/2023 17:07:38 |
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 2/10/2023 at 09:30 AM in Courtroom 9A before Judge Alfred H Bennett.
(Signed by Judge Alfred H Bennett) Parties notified.
(AntonioBanda, 4) (Entered: 10/12/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499
| U.S. Bank N.A. v. Lindsey Assigned to: Judge Alfred H Bennett Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 10/11/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/07/2022 | 6 | First AMENDED COMPLAINT against Venissa Ford, Jason Mosley, Quinten Tyler, Cheryl Ahamba, Bernal Lindsey, Bermoine Lindsey, Jr, Destiny Ross, Jermoine Lindsey, Elaine Jackson, as Next Friend of A.L, Adrain Lindsey, Marcus Lindsey, Diana Lindsey filed by U.S. Bank N.A.. Related document: 1 Complaint, filed by Registered Holders of MASTR Asset Backed Securities Trust, 2006-AM1, Mortgage Pass-Through Certificates, Series 2006-AM1. (Attachments: # 1 Exhibit)(Cox, Sarah) (Entered: 12/07/2022) |
| 12/07/2022 | 7 | Request for Issuance of Summons as to Cheryl Ahamba, Elaine Jackson, as Next Friend of A.L, Venissa Ford, Adrain Lindsey, Bermoine Lindsey, Jr, Bernal Lindsey, Diana Lindsey, Jermoine Lindsey, Marcus Lindsey, Jason Mosley, Destiny Ross, Quinten Tyler, filed.(Cox, Sarah) (Entered: 12/07/2022) |
| 12/07/2022 | 8 | Amended CERTIFICATE OF INTERESTED PARTIES by U.S. Bank N.A., filed.(Cox, Sarah) (Entered: 12/07/2022) |
| 12/09/2022 | 9 | Summons Issued as to Cheryl Ahamba, Elaine Jackson, as Next Friend of A.L, Venissa Ford, Adrain Lindsey, Bermoine Lindsey, Jr, Bernal Lindsey, Diana Lindsey, Jermoine Lindsey, Marcus Lindsey, Jason Mosley, Destiny Ross, Quinten Tyler. Issued summons delivered to plaintiff by NEF, filed.(RhondaMooreKonieczny, 4) (Entered: 12/09/2022) |
| 01/11/2023 | 10 | RETURN of Service of SUMMONS Executed as to Venissa Ford served on 12/20/2022, answer due 1/10/2023, filed.(Cox, Sarah) (Entered: 01/11/2023) |
| 01/31/2023 | 11 | MOTION for Continuance of Initial Pretrial Scheduling Conference, by U.S. Bank N.A., filed. Motion Docket Date 2/21/2023. (Attachments: # 1 Proposed Order)(Cox, Sarah) (Entered: 01/31/2023) |
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| 02/03/2023 22:49:44 |
MOTION for Continuance of Initial Pretrial Scheduling Conference, by U.S. Bank N.A., filed.
Motion Docket Date 2/21/2023.
(Attachments: # 1 Proposed Order)
(Cox, Sarah) (Entered: 01/31/2023)
No movement or answer since conference set on Oct 12.
No movement or answer since conference set on Oct 12.
No movement since conference set on Oct 12.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03499
Create an Alert for This Case on RECAP
| U.S. Bank N.A. v. Lindsey Assigned to: Judge Alfred H Bennett Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 10/11/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| U.S. Bank N.A. agent of Registered Holders of MASTR Asset Backed Securities Trust, 2006-AM1, Mortgage Pass-Through Certificates, Series 2006-AM1 |
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 NOTICEDSarah Sibley Cox Mackie Wolf Zientz & Mann, P. C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: scox@mwzmlaw.com ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Leal Lindsey | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 10/11/2022 | 1 | COMPLAINT against Leal Lindsey (Filing fee $ 402 receipt number ATXSDC-28905792) filed by U.S. Bank N.A., As Trustee for the Registered Holders of MASTR Asset Backed Securities Trust, 2006-AM1, Mortgage Pass-Through Certificates, Series 2006-AM1. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 10/11/2022) |
| 10/11/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by U.S. Bank N.A., As Trustee for the Registered Holders of MASTR Asset Backed Securities Trust, 2006-AM1, Mortgage Pass-Through Certificates, Series 2006-AM1, filed.(Cox, Sarah) (Entered: 10/11/2022) |
| 10/11/2022 | 3 | Request for Issuance of Summons as to Leal Lindsey, filed.(Cox, Sarah) (Entered: 10/11/2022) |
| 10/12/2022 | 4 | Summons Issued as to Leal Lindsey. Issued summons delivered to plaintiff by NEF, filed.(ShannonHolden, 4) (Entered: 10/12/2022) |
| 10/12/2022 | 5 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/10/2023 at 09:30 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(AntonioBanda, 4) (Entered: 10/12/2022) |
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| 10/19/2022 07:38:45 |
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