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LIT’S 2024 UPDATE
13. While the Tielke’s suit was in progress, Defendant, BDFT&E, on behalf of BANA, gave Notice of Default and Intent to Accelerate by letter dated February 21, 2012. See Exhibit 2. BDFT&E then gave notice of BANA’s acceleration of the maturity of the debt by letter dated March 22, 2012. See Exhibit 3.
LIT COMMENTARY
After all that and over a decade later, the Tiekles’ are still in their Sugar Land residence in 2022.
Tielke v. Bank of America, N.A., successor to BAC Home Loans Servicing, LP
(4:12-cv-00002)
District Court, S.D. Texas
JAN 3, 2012 | REPUBLISHED BY LIT: JUN 11, 2022
Tiekles’ First Amended Complaint in 2012 (after removal to federal court) alleges BDF Hopkins started foreclosure in state court AFTER the Tiekles had filed their FDCPA re mortgage servicer abuses.
Judge Harmon, now retired, issued an order in favor of the bank, dismissing the Tiekles’ dispute.
However, it was reversed by the 5th Circuit. It would shortly thereafter be dismissed with prejudice.
It was apparently an agreed settlement.
That would not be the end, unsurprisingly, and a follow-up lawsuit would be filed by the Tiekles’.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:12-cv-00002
| Tielke et al v. Bank of America, N.A., successor to BAC Home Loans Servicing, LP Assigned to: Judge Melinda Harmon Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 01/03/2012 Date Terminated: 02/12/2015 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Timothy Tielke | represented by | Lu Ann Trevino The Trevino Law Firm 13201 Northwest Freeway Suite 800 Houston, TX 77040 713-341-7550 Fax: 888-896-2102 Email: latrevino@trevino-law.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Melissa Ann Tielke | represented by | Lu Ann Trevino (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Bank of America, N.A., successor to BAC Home Loans Servicing, LP | represented by | Raymond A Chenault McGlinchey Stafford 1001 McKinney Street Ste 1500 Houston, TX 77002 713-335-2148 Fax: 713-520-1025 Email: rchenault@mcglinchey.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/03/2012 | 1 | NOTICE OF REMOVAL from 334th Judicial District Court of Harris County, Texas, case number 2011-72293 (Filing fee $ 350 receipt number 0541-9065667) filed by Bank of America, N.A., successor to BAC Home Loans Servicing, LP. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet Attachment)(Chenault, Raymond) (Entered: 01/03/2012) |
| 01/03/2012 | 2 | CORPORATE DISCLOSURE STATEMENT by Bank of America, N.A., successor to BAC Home Loans Servicing, LP identifying Bank of America Corporation as Corporate Parent, filed.(Chenault, Raymond) (Entered: 01/03/2012) |
| 01/06/2012 | 3 | SUPPLEMENT to 1 Notice of Removal, by Bank of America, N.A., successor to BAC Home Loans Servicing, LP, filed.(Chenault, Raymond) (Entered: 01/06/2012) |
| 01/06/2012 | 4 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/3/2012 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy.(Signed by Judge Melinda Harmon) Parties notified.(aboyd) (Entered: 01/06/2012) |
| 01/06/2012 | 5 | MOTION to Dismiss by Bank of America, N.A., successor to BAC Home Loans Servicing, LP, filed. Motion Docket Date 1/27/2012. (Attachments: # 1 Proposed Order)(Chenault, Raymond) (Entered: 01/06/2012) |
| 01/20/2012 | 6 | CERTIFICATE OF INTERESTED PARTIES by Melissa Ann Tielke, Timothy Tielke, filed.(Trevino, Lu) (Entered: 01/20/2012) |
| 01/26/2012 | 7 | First AMENDED Complaint against All Defendants filed by Timothy Tielke, Melissa Ann Tielke.(Trevino, Lu) (Entered: 01/26/2012) |
| 01/26/2012 | 8 | RESPONSE in Opposition to 5 MOTION to Dismiss, filed by Melissa Ann Tielke, Timothy Tielke. (Attachments: # 1 Proposed Order)(Trevino, Lu) (Entered: 01/26/2012) |
| 01/30/2012 | 9 | Agreed MOTION for Extension of Time Bank of America’s Responsive Pleading by Bank of America, N.A., successor to BAC Home Loans Servicing, LP, Melissa Ann Tielke, Timothy Tielke, filed. Motion Docket Date 2/21/2012. (Attachments: # 1 Proposed Order)(Chenault, Raymond) (Entered: 01/30/2012) |
| 02/01/2012 | 10 | ORDER granting 9 Motion for Extension of Time. Responses to 5 Mtn to Dismiss due by 3/12/2012.(Signed by Judge Melinda Harmon) Parties notified.(htippen, ) (Entered: 02/01/2012) |
| 04/19/2012 | 11 | ANSWER to Complaint by Bank of America, N.A., successor to BAC Home Loans Servicing, LP, filed. (Attachments: # 1 Exhibit A)(Chenault, Raymond) (Entered: 04/19/2012) |
| 04/23/2012 | 12 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Bank of America, N.A., successor to BAC Home Loans Servicing, LP, Melissa Ann Tielke, Timothy Tielke, filed.(Chenault, Raymond) (Entered: 04/23/2012) |
| 05/03/2012 | 13 | SCHEDULING ORDER. Amended Pleadings due by 9/4/2012. Joinder of Parties due by 9/4/2012 Pltf Expert Witness List due by 11/19/2012. Pltf Expert Report due by 11/19/2012 Deft Expert Witness List due by 1/9/2013. Deft Expert Report due by 1/9/2013 Discovery due by 3/29/2013. Dispositive Motion Filing due by 5/6/2013. Non-Dispositive Motion Filing due by 5/6/2013. Joint Pretrial Order due by 8/26/2013. Docket Call set for 9/6/2013 at 01:30 PM before Judge Melinda Harmon Trial Term by 9/9/2013.(Signed by Judge Melinda Harmon) Parties notified.(bwhite, ) (Entered: 05/03/2012) |
| 12/21/2012 | 14 | MOTION for Summary Judgment by Bank of America, N.A., successor to BAC Home Loans Servicing, LP, filed. Motion Docket Date 1/11/2013. (Attachments: # 1 Exhibit A, # 2 Exhibit A1, # 3 Exhibit A2 part 1, # 4 Exhibit A2 part 2, # 5 Exhibit A3 part 1, # 6 Exhibit A3 part 2, # 7 Exhibit A4, # 8 Exhibit A5 part 1, # 9 Exhibit A5 part 2, # 10 Exhibit A5 part 3, # 11 Exhibit A5 part 4, # 12 Exhibit B, # 13 Exhibit B1, # 14 Exhibit B2, # 15 Exhibit B3, # 16 Exhibit B4, # 17 Exhibit B5, # 18 Exhibit B6, # 19 Exhibit B7, # 20 Exhibit B8, # 21 Proposed Order)(Chenault, Raymond) (Entered: 12/21/2012) |
| 01/11/2013 | 15 | RESPONSE in Opposition to 14 MOTION for Summary Judgment, filed by Melissa Ann Tielke, Timothy Tielke. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Proposed Order)(Trevino, Lu) (Entered: 01/11/2013) |
| 01/18/2013 | 16 | REPLY to Response to 14 MOTION for Summary Judgment, filed by Bank of America, N.A., successor to BAC Home Loans Servicing, LP. (Attachments: # 1 Exhibit C, # 2 Exhibit C1, # 3 Exhibit C2, # 4 Errata D)(Chenault, Raymond) (Entered: 01/18/2013) |
| 07/12/2013 | 17 |
OPINION and ORDER Granting 14 MOTION for Summary Judgment (Signed by Judge Melinda Harmon) Parties notified.(rvazquez) (Entered: 07/15/2013) |
| 07/12/2013 | 18 | FINAL JUDGMENT. Case terminated on July 12, 2013(Signed by Judge Melinda Harmon) Parties notified.(rvazquez) (Entered: 07/15/2013) |
| 07/31/2013 | 19 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 18 Final Judgment, 17 Memorandum and Opinion by Melissa Ann Tielke, Timothy Tielke (Filing fee $ 455, receipt number 0541-11801205), filed.(Trevino, Lu) (Entered: 07/31/2013) |
| 08/01/2013 | 20 | Notice of the Filing of an Appeal. DKT13 transcript order form attached to appellant (1 copies)to be returned. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 19 Notice of Appeal, filed.(blacy, ) (Entered: 08/01/2013) |
| 08/13/2013 | 21 | DKT-13 TRANSCRIPT ORDER FORM by Lu Ann Trevino. No hearings. This order form relates to the following: 19 Notice of Appeal, filed.(vcantu) (Entered: 08/13/2013) |
| 09/11/2013 | 22 | REQUEST for Electronic Copy of Certified Record on Appeal re: 19 Notice of Appeal by Bank of America, N.A., successor to BAC Home Loans Servicing, LP, filed.(Chenault, Raymond) (Entered: 09/11/2013) |
| 09/27/2013 | 23 | REQUEST for Electronic Copy of Certified Record on Appeal re: 19 Notice of Appeal by Melissa Ann Tielke, Timothy Tielke, filed.(Trevino, Lu) (Entered: 09/27/2013) |
| 10/08/2013 | 24 | *** This entry is a duplicate of document #23*** REQUEST for Electronic Copy of Certified Record on Appeal re: 19 Notice of Appeal by Melissa Ann Tielke, Timothy Tielke, filed.(avleal, 1) Modified on 10/8/2013 (avleal, 1). (Entered: 10/08/2013) |
| 10/02/2014 | 25 | JUDGMENT of USCA; judgment issued as mandate 9/26/14; USCA No. 13-20425. District Court is reversed, and the cause is remanded to the District court for further proceedings, filed.(dgonzalez, 5) (Entered: 10/02/2014) |
| 10/02/2014 | 26 | Per Curiam of USCA; USCA No. 13-20425. Reversed and Remanded, filed.(dgonzalez, 5) (Entered: 10/02/2014) |
| 10/02/2014 | 27 | Fifth Circuit Court of Appeals LETTER advising copy of judgment as the mandate (USCA No. 13-20425), filed.(dgonzalez, 5) (Entered: 10/02/2014) |
| 10/08/2014 | 28 | NOTICE of Setting. Parties notified. Initial Conference set for 11/6/2014 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 10/08/2014) |
| 11/06/2014 | 29 | SCHEDULING ORDER. Amended Pleadings due by 4/20/2015. Joinder of Parties due by 4/20/2015 Pltf Expert Witness List due by 6/1/2015. Pltf Expert Report due by 6/1/2015. Deft Expert Witness List due by 7/31/2015. Deft Expert Report due by 7/31/2015. Discovery due by 9/10/2015. Dispositive Motion Filing due by 11/9/2015. Non-Dispositive Motion Filing due by 11/9/2015. Joint Pretrial Order due by 1/25/2016. Docket Call set for 2/5/2016 at 01:30 PM before Judge Melinda Harmon. Trial Term by 2/8/2016(Signed by Judge Melinda Harmon) Parties notified.(bwhite, 4) (Entered: 11/06/2014) |
| 12/22/2014 | 30 | Joint MOTION to Dismiss with Prejudice and for Entry of Agreed Order of Dismissal with Prejudice by Bank of America, N.A., successor to BAC Home Loans Servicing, LP, filed. Motion Docket Date 1/12/2015. (Attachments: # 1 Proposed Order)(Chenault, Raymond) (Entered: 12/22/2014) |
| 02/12/2015 | 31 | AGREED ORDER OF DISMISSAL granting 30 Joint MOTION to Dismiss with Prejudice and for Entry of Agreed Order of Dismissal with Prejudice. Case terminated on 2/12/2015(Signed by Judge Melinda Harmon) Parties notified.(rhawkins, 4) (Entered: 02/13/2015) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/11/2022 13:21:36 |
Tielke v. Barrett Daffin Frappier Turner & Engel, LLP
(4:17-cv-02609)
District Court, S.D. Texas
AUG 24, 2017 | REPUBLISHED BY LIT: JUN 11, 2022
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