Debt Collector

LIT’s Foreclosure Tracker is Now Following ‘Ramon and Micaela’ in McAllen, S.D. Tex.

Foreclosure Mill removes State case from 332nd District Court of Hidalgo County, Texas, which is now before Federal Judge Randy Crane.

ALVARADO v. THE BANK OF NEW YORK MELLON

(7:21-cv-00360)

District Court, S.D. Texas

SEP 23, 2021 | REPUBLISHED BY LIT: SEP 28, 2021

LIT COMMENTARY

Jan 9, 2022:

Highly unusual for a foreclosure mill not to have filed a motion to dismiss or similar by now,  especially after removal and we have 2 separate firms representing BONYM. 

SCHEDULING ORDER.

Amended Pleadings due by 4/8/2022.

Joinder of Parties due by 4/8/2022

Pltf Expert Report due by 4/29/2022.

Deft Expert Report due by 5/13/2022.

Discovery due by 6/3/2022.

Dispositive Motion Filing due by 6/17/2022.

Non-Dispositive Motion Filing due by 6/17/2022.

Joint Pretrial Order due by 7/25/2022.

Final Pretrial Conference set for 8/1/2022 at 09:30 AM before Judge Randy Crane

Jury Selection set for 8/2/2022 at 09:00 AM before Judge Randy Crane

Motion Hearing set for 7/15/2022 at 09:30 AM before Judge Randy Crane

(Signed by Judge Randy Crane) Parties notified.(SandraSilva, 7) (Entered: 11/03/2021)

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/3/2021 at 09:00 AM before Judge Randy Crane (by Judge Randy Crane) Parties notified.(klopez, 7) (Entered: 09/23/2021)

Forclosure Tracker: Julio Returns to S.D. Texas Federal Court and Back to Judge Crane

There’s no random, blind draw system as the Chief Justice of the United States Supreme Court, John Roberts suggested in his year end address.

Party Not Served: Dismissal With Prejudice is an Abuse of Discretion Sayeth Judge Stephen Higginson, CA5

An argument which was completed snubbed in Burke v. Ocwen Loan Servicing, L.L.C., No. 19-20267 (5th Cir. Mar. 30, 2021)

Another Fiddle at the Fifth Favors Deutsche Bank National Trust Co.

Judge Randy Crane accepted Deutsche Bank’s secondary theory—that Ms. Castrellon’s separate suit tolled the statute of limitations.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:21-cv-00360

ALVARADO et al v. THE BANK OF NEW YORK MELLON
Assigned to: Judge Randy Crane

Case in other court:  332nd District Court of Hidalgo County, Texas, C-38-00021-F

Cause: 28:1332 Diversity-Contract Default

Date Filed: 09/23/2021
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
MICAELA ALVARADO represented by Daniel E Vargas
The Vargas Law Office
220 S 12th Ave
Ste A
Edinburg, TX 78539
956-287-3743
Fax: 956-287-3992
Email: thevargaslawoffice@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
RAMON ALVARADO represented by Daniel E Vargas
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
THE BANK OF NEW YORK MELLON represented by Jon Howard Patterson
Bradley Arant et al
One Federal Place
1819 Fifth Avenue North
Birmingham, AL 35203
205-521-8000
Fax: 205-488-6403
Email: jpatterson@bradley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMelissa Sue Gutierrez
Bradley Arant Boult Cummings LLP
600 Travis Street
Ste 4800
Houston, TX 77002
713-576-0311
Email: mgutierrez@bradley.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
09/23/2021 1 NOTICE OF REMOVAL from 332nd District Court of Hidalgo County, Texas, case number C-3638-21-F (Filing fee $ 402 receipt number 0541-27092739) filed by THE BANK OF NEW YORK MELLON. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Gutierrez, Melissa) (Entered: 09/23/2021)
09/23/2021 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/3/2021 at 09:00 AM before Judge Randy Crane (by Judge Randy Crane) Parties notified.(klopez, 7) (Entered: 09/23/2021)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:21-cv-00360

ALVARADO et al v. THE BANK OF NEW YORK MELLON
Assigned to: Judge Randy Crane

Case in other court:  332nd District Court of Hidalgo County, Texas, C-38-00021-F

Cause: 28:1332 Diversity-Contract Default

Date Filed: 09/23/2021
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity

 

Date Filed # Docket Text
10/22/2021 3 CERTIFICATE OF INTERESTED PARTIES by MICAELA ALVARADO, filed.(Vargas, Daniel) (Entered: 10/22/2021)
10/22/2021 4 JOINT DISCOVERY/CASE MANAGEMENT PLAN by THE BANK OF NEW YORK MELLON, filed.(Gutierrez, Melissa) (Entered: 10/22/2021)
11/02/2021 5 NOTICE of Resetting. Parties notified. Initial Conference reset for 11/3/2021 at 10:00 AM in by video before Judge Randy Crane, filed. (DeliaRodriguez, 7) (Entered: 11/02/2021)
11/03/2021 6 SCHEDULING ORDER. Amended Pleadings due by 4/8/2022. Joinder of Parties due by 4/8/2022 Pltf Expert Report due by 4/29/2022. Deft Expert Report due by 5/13/2022. Discovery due by 6/3/2022. Dispositive Motion Filing due by 6/17/2022. Non-Dispositive Motion Filing due by 6/17/2022. Joint Pretrial Order due by 7/25/2022. Final Pretrial Conference set for 8/1/2022 at 09:30 AM before Judge Randy Crane Jury Selection set for 8/2/2022 at 09:00 AM before Judge Randy Crane Motion Hearing set for 7/15/2022 at 09:30 AM before Judge Randy Crane(Signed by Judge Randy Crane) Parties notified.(SandraSilva, 7) (Entered: 11/03/2021)
LIT’s Foreclosure Tracker is Now Following ‘Ramon and Micaela’ in McAllen, S.D. Tex.
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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