U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT v. Cortez
(4:20-cv-00856)
District Court, S.D. Texas
MAR 10, 2020 | REPUBLISHED BY LIT: SEP 27, 2021
PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE (JULY 29, 2022)
Plaintiff U.S. Bank National Association, not in its individual capacity but solely as Trustee for the RMAC Trust, Series 2016-T (“U.S. Bank” or “Plaintiff”) files this Notice of Voluntary Dismissal Without Prejudice (“Notice”) pursuant to Rule 41 of the Federal Rules of Civil Procedure, and shows the Court as follows:
1. On March 10, 2020, Plaintiff filed its Original Complaint (“Complaint”) against Defendants Jonathan Cortez, Ritza Cortez Anderson, Jose Garcia, Jasson Pec, and Julio Cortez (“Defendants”) to obtain an order authorizing foreclosure of Plaintiff’s security interest on the real property located at 11502 Larkdale, Houston, TX 77099 . (ECF No. 1.)
SOLD JULY 2022 TO ANDRES GONZALEZ FERNANDEZ
2. Despite being duly served, no appearance and/or answer has been filed by Defendants. On December 14, 2021, Plaintiff filed its Motion for Default against Defendants. (ECF No. 21). The court has yet to rule on Plaintiff’s Motion for Default. Accordingly, with the filing of this Notice of Dismissal without prejudice, Plaintiff respectfully requests the court to withdraw Plaintiff’s Motion for Default Judgment (ECF No. 21.).
3. Plaintiff no longer wishes to pursue its claims for foreclosure against Defendants.
Accordingly, it files this Notice, pursuant to Rule 41 (a)(1)(A)(i) of the Federal Rules of Civil Procedure.
Plaintiff files this Notice before Defendants filed an answer or motion for summary judgment.
As such, Plaintiff voluntarily dismisses the claims it has asserted herein against Defendants without prejudice to the re-filing of the same.
4. This dismissal will finally dispose of all parties and all claims. Defendants will not be prejudiced by this voluntary dismissal.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests the Plaintiff’s claims against Defendants Jonathan Cortez, Ritza Cortez Anderson, Jose Garcia, Jasson Pec, and Julio Cortez be dismissed without prejudice, that no prejudice attach to such dismissal, and that Plaintiff be awarded all other relief to which Plaintiff may be entitled.
Respectfully submitted,
By: /s/ Mark D. Cronenwett
MARK D. CRONENWETT
Texas Bar No. 00787303
Southern District Bar No. 21340
mcronenwett@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
Telephone: 214-635-2650
Facsimile: 214-635-2686
ATTORNEYS FOR PLAINTIFF
Notice of dismissal after spending months getting service on parties executed, who would be non-responsive to court filings and where the wolves requested default judgment(s).
After lengthy abatement, it looks like this case is about to fire into action. LIT is tracking the case. Please bookmark for further updates as the lawsuit develops. We’ll be updating this article accordingly.
NOTICE of No Response, re: 21 MOTION for Default Judgment against Jonathan Cortez, Julio Cortez, Ritza Cortez-Anderson, Jose Garcia, Jasson Pec by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. (Lopez, Vivian) (Entered: 04/19/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:20-cv-00856
| U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT v. Cortez et al Assigned to: Judge Kenneth M Hoyt Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/10/2020 Date Terminated: 11/05/2020 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/13/2021 | 15 | MOTION to Substitute Sevice on Defendants Jasson Pec and Jose Garcia, by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. Motion Docket Date 10/4/2021. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 09/13/2021) |
| 09/20/2021 | 16 | RETURN of Service of SUMMONS Executed as to Julio Cortez served on 9/14/2021, answer due 10/5/2021, filed.(Lopez, Vivian) (Entered: 09/20/2021) |
| 11/08/2021 | 17 | ORDER granting 15 Motion to Substitute Service. It is ORDERED that the Court authorizes substitute service on defendants Jason Pec and Jose Garcia by attaching a copy of the citation and Original Complaint to the door at 11502 Larkdale Dr., Houston, TX 77099, or leaving them at the designated mailbox.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 11/08/2021) |
| 11/12/2021 | 18 | RETURN of Service of SUMMONS Executed as to Ritza Cortez-Anderson served on 11/3/2021, answer due 11/24/2021, filed.(Lopez, Vivian) (Entered: 11/12/2021) |
| 12/02/2021 | 19 | RETURN of Service of SUMMONS Executed as to Jose Garcia served on 11/10/2021, answer due 12/1/2021, filed.(Lopez, Vivian) (Entered: 12/02/2021) |
| 12/02/2021 | 20 | RETURN of Service of SUMMONS Executed as to Jasson Pec served on 11/10/2021, answer due 12/1/2021, filed.(Lopez, Vivian) (Entered: 12/02/2021) |
| 12/14/2021 | 21 | MOTION for Default Judgment against Jonathan Cortez, Julio Cortez, Ritza Cortez-Anderson, Jose Garcia, Jasson Pec by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. Motion Docket Date 1/4/2022. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 12/14/2021) |
| 12/14/2021 | 22 | REQUEST for Entry of Default against All Defendants by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lopez, Vivian) (Entered: 12/14/2021) |
| 04/19/2022 | 23 | NOTICE of No Response, re: 21 MOTION for Default Judgment against Jonathan Cortez, Julio Cortez, Ritza Cortez-Anderson, Jose Garcia, Jasson Pec by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. (Lopez, Vivian) (Entered: 04/19/2022) |
| PACER Service Center | |||
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| Transaction Receipt | |||
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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:20-cv-00856
| U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT v. Cortez et al Assigned to: Judge Kenneth M Hoyt Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 03/10/2020 Date Terminated: 11/05/2020 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT | represented by | Samin Hessami Mackie Wolf et al 5177 Richmond Ave. Ste 1230 Houston, TX 77056 214-635-2650 Email: shessami@mwzmlaw.com ATTORNEY TO BE NOTICEDVivian Nahir Lopez Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway, Suite 900 Dallas, TX 75254 214-635-2662 Email: vlopez@mwzmlaw.com ATTORNEY TO BE NOTICEDMark 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 ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Jonathan Cortez | ||
| Defendant | ||
| Ritza Cortez-Anderson | ||
| Defendant | ||
| Jose Garcia | ||
| Defendant | ||
| Jasson Pec | ||
| Defendant | ||
| Julio Cortez | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 03/10/2020 | 1 | COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-24368793) filed by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 03/10/2020) |
| 03/10/2020 | 2 | CERTIFICATE OF INTERESTED PARTIES by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed.(Cronenwett, Mark) (Entered: 03/10/2020) |
| 03/10/2020 | 3 | Request for Issuance of Summons as to All Defendants, filed.(Cronenwett, Mark) (Entered: 03/10/2020) |
| 03/11/2020 | 4 | ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 6/29/2020 at 09:00 AM by telephone before Judge Kenneth M Hoyt (Signed by Judge Kenneth M Hoyt) Parties notified.(hcarradi, 4) (Entered: 03/11/2020) |
| 03/12/2020 | 5 | Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(mmapps, 4) (Entered: 03/12/2020) |
| 06/01/2020 | 6 | RETURN of Service of SUMMONS Executed as to Jonathan Cortez served on 4/24/2020, answer due 5/15/2020, filed.(Hessami, Samin) (Entered: 06/01/2020) |
| 06/26/2020 | 7 | MOTION to Abate by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. Motion Docket Date 7/17/2020. (Attachments: # 1 Proposed Order)(Hessami, Samin) (Entered: 06/26/2020) |
| 11/05/2020 | 8 | ORDER ABATING CASE granting 7 MOTION to Abate. It is, therefore, ORDERED that all the deadlines and settings in this case are hereby abated until January 29, 2021. Case terminated on November 5, 2020.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 11/06/2020) |
| 01/27/2021 | 9 | MOTION to Extend Order Abating Case, by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. Motion Docket Date 2/17/2021. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 01/27/2021) |
| 01/28/2021 | 10 | ORDER ABATING CASE 9 . All deadlines and settings in this case are hereby abated until March 31, 2021.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 01/28/2021) |
| 03/29/2021 | 11 | Second MOTION to Extend Order Abating Case, by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. Motion Docket Date 4/19/2021. (Attachments: # 1 Proposed Order)(Hessami, Samin) (Entered: 03/29/2021) |
| 04/01/2021 | 12 | ORDER ABATING CASE 11 . All deadlines and settings in this case are hereby abated until June 30, 2021.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 04/01/2021) |
| 06/30/2021 | 13 | Third MOTION to Extend Order Abating Case, by U.S Bank National Association, not in its Individual Capacity but Solely as Trustee for the RMAC Trust, Series 2016-CTT, filed. Motion Docket Date 7/21/2021. (Attachments: # 1 Proposed Order)(Lopez, Vivian) (Entered: 06/30/2021) |
| 07/01/2021 | 14 | ORDER granting 13 Third Motion to Extend Order Abating Case. The deadlines and settings in this case are hereby abated until July 31, 2021.Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 07/14/2021) |
