By
Posted on
LIT RETURNS, A YEAR LATER
Home now owned by Layman Ventures, LLC
Home now owned by Layman Ventures, LLC
Ferrell v. Wells Fargo Bank, N.A.
(4:22-cv-00426)
District Court, E.D. Texas
MAY 19, 2022 | REPUBLISHED BY LIT: MAY 20, 2022
MOTION to Dismiss by Wells Fargo Bank, N.A.. – 8 days after removal in defiance of federal law and reminders by federal judges,
e.g. Judge Pulliam, WDTX.
Namely a motion to dismiss should not be filed before Initial Conference is held.
(Attachments: # 1 Text of Proposed Order)(Lux, Erica) (Entered: 05/27/2022)
New Foreclosure Case (Removed). Bookmark for Updates.
Judge Pulliam WDTX issued a standing order rebuffing motions to dismiss before an initial conference. Will Judge Biery and his MJ Farrer follow suit with the rapscallian Abreo, who filed a motion to dismiss along with removal to fed court? @uscourts https://t.co/11P1GcF718
— lawsinusa (@lawsinusa) May 28, 2022
ORDER OF DISMISSAL.
This entire action, and all of the claims asserted therein, be DISMISSED WITHOUT PREJUDICE.
Each party shall bear its own attorneys’ fees and costs.
All relief not previously granted is hereby DENIED, and the Clerk is directed to CLOSE this civil action. Signed by District Judge Amos L. Mazzant, III on 8/25/22.
(ljw, ) (Entered: 08/25/2022)
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00426-ALM-KPJ
| Ferrell et al v. Wells Fargo Bank, N.A., et al Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Kimberly C Priest Johnson
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 05/19/2022 Date Terminated: 08/25/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/13/2022 | 15 |
ORDER granting 12 Motion to Withdraw as Attorney filed by Wells Fargo Bank, National Association. Erica M. Lux is withdrawn as counsel of record for Defendant. Adam Nunnallee will remain counsel of record for Defendant. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/13/2022. (mmc) (Entered: 07/13/2022) |
| 08/08/2022 | 16 | NOTICE by AVT Title Services, LLC of Service of its Initial Rule 26 Disclosures, (Cronenwett, Mark) (Entered: 08/08/2022) |
| 08/19/2022 | 17 | NOTICE by Wells Fargo Bank, N.A. Joint Stipulation of Dismissal (Attachments: # 1 Text of Proposed Order Granting Joint Stipulation of Dismissal)(Nunnallee, Adam) (Entered: 08/19/2022) |
| 08/25/2022 | 18 | ORDER OF DISMISSAL. This entire action, and all of the claims asserted therein, be DISMISSED WITHOUT PREJUDICE. Each party shall bear its own attorneys’ fees and costs. All relief not previously granted is hereby DENIED, and the Clerk is directed to CLOSE this civil action. Signed by District Judge Amos L. Mazzant, III on 8/25/22. (ljw, ) (Entered: 08/25/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/09/2022 20:01:52 |
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00426-ALM-KPJ
| Ferrell et al v. Wells Fargo Bank, N.A., et al Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Kimberly C Priest Johnson
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 05/19/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/11/2022 | 13 | NOTICE of Attorney Appearance by Mark Douglas Cronenwett on behalf of Wells Fargo Bank, N.A. (Cronenwett, Mark) (Entered: 07/11/2022) |
| 07/11/2022 | 14 | ORDER GOVERNING PROCEEDINGS: Rule 26 Meeting Report due by 8/12/2022. Rule 16 Management Conference set for 8/25/2022 at 10:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III Signed by Magistrate Judge Kimberly C Priest Johnson on 7/11/2022. (mmc) (Entered: 07/11/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/12/2022 14:30:16 |
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00426-ALM-KPJ
| Ferrell et al v. Wells Fargo Bank, N.A., et al Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Kimberly C Priest Johnson
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 05/19/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/10/2022 | 10 | MOTION to Dismiss by AVT Title Services, LLC. (Attachments: # 1 Text of Proposed Order)(Cronenwett, Mark) (Entered: 06/10/2022) |
| 06/20/2022 | 11 | ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Kimberly C Priest Johnson for all pretrial proceedings. Signed by District Judge Amos L. Mazzant, III on 6/20/2022. (mmc) (Entered: 06/21/2022) |
| 07/07/2022 | 12 | MOTION to Withdraw as Attorney by Wells Fargo Bank, N.A.. (Attachments: # 1 Text of Proposed Order)(Lux, Erica) (Entered: 07/07/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/07/2022 19:33:53 |
Order Referring Case to Magistrate Judge Kimberly C Priest Johnson (Jun 21)
The Appointed Auctioneer Has An Important and Independent Role in Texas NonJudicial Foreclosures
Defending Homeowners Rights Against Improper Federal Jurisdiction and Holding Substitute Trustees Accountable for Their Independent Role.
Flawed Texas Ruling Fuels Unlawful Foreclosures Ripping Away Homeowners’ Stability and Security
Maluski’s Erroneous Statute of Limitations Opinion Adopted by Federal Courts, Leading to the Unlawful Taking of Family Homes.
A Wild West Blunder: PHH’s Hired Bounty Hunters at Hopkins Law Deliver a Cockamamie Response
Gunsmoke and Legal Misfires: PHH’s Reply Misses the Mark. Hopkins Law’s Cockamamie Response Turns Legal Logic into High Noon Nonsense.
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00426-ALM
Create an Alert for This Case on RECAP
| Ferrell et al v. Wells Fargo Bank, N.A., et al Assigned to: District Judge Amos L. Mazzant, III
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 05/19/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/26/2022 | 6 | ***FILING ERROR – PLEASE IGNORE*** MOTION to Dismiss by Wells Fargo Bank, N.A.. (Attachments: # 1 Text of Proposed Order)(Lux, Erica) Modified on 5/27/2022 (mem). (Entered: 05/26/2022) |
| 05/26/2022 | 7 | ***FILING ERROR – PLEASE IGNORE*** BRIEF filed in support of Defendant’s Motion to Dismiss by Wells Fargo Bank, N.A.. (Lux, Erica) Modified on 5/27/2022 (mem). (Entered: 05/26/2022) |
| 05/26/2022 | 8 | ***FILING ERROR – PLEASE IGNORE*** Additional Attachments to Main Document 7 Brief: Appendix (Lux, Erica) Modified on 5/27/2022 (mem). Modified on 5/27/2022 (mem). (Entered: 05/26/2022) |
| 05/27/2022 | 9 | MOTION to Dismiss by Wells Fargo Bank, N.A.. (Attachments: # 1 Text of Proposed Order)(Lux, Erica) (Entered: 05/27/2022) |
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00426-ALM
Create an Alert for This Case on RECAP
| Ferrell et al v. Wells Fargo Bank, N.A., et al Assigned to: District Judge Amos L. Mazzant, III
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 05/19/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Randall N. Ferrell | represented by | William Carl Terry William C Terry 402 N Center Street Bonham, TX 75418 903/583-7476 Fax: 19035834780 Email: billt@netexas.net LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Beverly A. Ferrell | represented by | William Carl Terry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Wells Fargo Bank, N.A. as trustee for Option One Mortgage Loan Trust 2006-2, Asset-Backed Certificates, Series 2006-2 |
represented by | Adam Ross Nunnallee Dykema Gossett PLLC – Dallas 1717 Main Street Suite 4200 Dallas, TX 75201 (214) 462-6453 Fax: (214) 462-6401 Email: ANunnallee@dykema.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDErica Michelle Lux Dykema Gossett PLLC – Dallas 1717 Main Street Suite 4200 Dallas, TX 75201 214-698-7819 Fax: 866-854-2539 Email: elux@dykema.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| AVT Title Services, LLC | 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 NOTICEDKarla Mae Balli Mackie Wolf Zientz & Mann, PC – Dallas 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: kballi@mwzmlaw.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Layman Ventures, LLC | represented by | Trevor James Beaty Beaty Legal PLLC 124 S. Crockett Street, Suite 200 Sherman, TX 75090 903-287-5121 Fax: 903-287-5145 Email: trevor@beatylegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/19/2022 | 1 | NOTICE OF REMOVAL by Wells Fargo Bank, N.A., as trustee for Option One Mortgage Loan Trust 2006-2, Asset-Backed Certificates, Series 2006-2 from 336th Judicial District Court, case number CV-22-45770. (Filing fee $ 402 receipt number ATXEDC-8932468), filed by Wells Fargo Bank, N.A., as trustee for Option One Mortgage Loan Trust 2006-2, Asset-Backed Certificates, Series 2006-2. (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 Civil Cover Sheet)(Lux, Erica) (Entered: 05/19/2022) |
| 05/19/2022 | 2 | CORPORATE DISCLOSURE STATEMENT filed by Wells Fargo Bank, N.A., as trustee for Option One Mortgage Loan Trust 2006-2, Asset-Backed Certificates, Series 2006-2 identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A., as trustee for Option One Mortgage Loan Trust 2006-2, Asset-Backed Certificates, Series 2006-2. (Lux, Erica) (Entered: 05/19/2022) |
| 05/19/2022 | 3 | ***COMPLAINT ORIGINALLY FILED IN STATE COURT*** COMPLAINT against All Defendants, filed by Randall N. Ferrell, Beverly A. Ferrell. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(mem) (Entered: 05/19/2022) |
| 05/19/2022 | 4 | ***ANSWER ORIGINALLY FILED IN STATE COURT*** ANSWER to 3 Complaint by AVT Title Services, LLC.(mem) (Entered: 05/19/2022) |
| 05/19/2022 | 5 | ***ANSWER ORIGINALLY FILED IN STATE COURT*** ANSWER to 3 Complaint by Layman Ventures, LLC.(mem) (Entered: 05/19/2022) |
