Rojas v. Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust
(7:22-cv-00132)
District Court, S.D. Texas
APR 25, 2022 | REPUBLISHED BY LIT: APR 30, 2022
FINAL JUDGMENT
The Court’s August 17, 2022, order dismissed all of Plaintiffs Javier Ricardo Rojas’ and Maria Delila Rojas’ claims with prejudice.1
The Court now renders final judgment in accordance with Federal Rule of Civil Procedure 54.
All issues in this case are resolved by the Court’s orders.
The Court holds that Plaintiffs take nothing by this suit.
Each party is to bear its own costs.
Any relief not expressly granted in this final judgment is hereby DENIED.
This case is terminated, and the Clerk of the Court is instructed to close the case.
DONE at McAllen, Texas, this 17th day of August 2022.
1. Dkt. No. 5.
ORDER. Joint Discovery/Case Management Plan due by 9/2/2022. Initial Conference reset for 9/13/2022 at 09:00 AM before Judge Micaela Alvarez. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 07/15/2022)
July 8: PREMATURE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of New York Mellon Trust Company, N.A.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00132
| Rojas et al v. Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust et al Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 04/25/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/25/2022 | 1 |
COMPLAINT against All Plaintiffs (Filing fee $ 402 receipt number ATXSDC-28077908) filed by Ricardo Javier Rojas.(Beale, Samuel) (Entered: 04/25/2022) |
| 04/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/19/2022 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 04/26/2022) |
| 07/08/2022 | 3 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust, Carrington Mortgage Services LLC, filed. Motion Docket Date 7/29/2022. (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 Proposed Order)(Sparks, Jacob) (Entered: 07/08/2022) |
| 07/15/2022 | 4 | ORDER. Joint Discovery/Case Management Plan due by 9/2/2022. Initial Conference reset for 9/13/2022 at 09:00 AM before Judge Micaela Alvarez. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 07/15/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/02/2022 08:14:03 |
No request for summons to be issued (service on bank). Case percolatin’ and CIP is well overdue – the case can be dismissed for that reason alone.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00132
| Rojas et al v. Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust et al Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 04/25/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Ricardo Javier Rojas | represented by | Samuel C Beale Beale & Associates 5821 Southwest Freeway Suite 416 Houston, TX 77057 713-333-0505 Fax: 281-664-6423 Email: samuel.beale@gmail.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Maria Delila Rojas | represented by | Samuel C Beale (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust | ||
| Defendant | ||
| Carrington Mortgage Services LLC | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 04/25/2022 | 1 |
COMPLAINT against All Plaintiffs (Filing fee $ 402 receipt number ATXSDC-28077908) filed by Ricardo Javier Rojas.(Beale, Samuel) (Entered: 04/25/2022) |
| 04/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/19/2022 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 04/26/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/29/2022 07:46:07 |
3 Page Complaint by Foreclosure Defense Lawyer Samuel Beale, must be on a tight Budget….or….
Homeowner Denied Attorney Fees in Foreclosure Case Citing No Compensable Damage
There is also no attorney fees requested or affidavit post judgment by the foreclosure mill lawyers at Mackie Wolf and Locke Lord.
Published Versus Unpublished Opinions in Federal Circuits. Are Courts Prejudging Litigants?
Misuse of precedent-stripping rules is so common federal judges openly admit to using them for purposes not endorsed by the respective rules. ‘We do occasionally sweep troublesome issues under the rug.’ – Patricia Wald, former Chief Judge of the D.C. Circuit
Federal Magistrate Judge Garcia Resigns Abruptly in Laredo Texas and Everyone Went Quietly On About their Business
It is unclear whether Garcia gave prior notice to the court about his intentions to resign. LMT requested a copy of Garcia’s resignation letter, but the court declined to provide one or comment further as to the nature of the resignation.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00132
| Rojas et al v. Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust et al Assigned to: Judge Micaela Alvarez Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 04/25/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Ricardo Javier Rojas | represented by | Samuel C Beale Beale & Associates 5821 Southwest Freeway Suite 416 Houston, TX 77057 713-333-0505 Fax: 281-664-6423 Email: samuel.beale@gmail.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Maria Delila Rojas | represented by | Samuel C Beale (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust | ||
| Defendant | ||
| Carrington Mortgage Services LLC | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 04/25/2022 | 1 | COMPLAINT against All Plaintiffs (Filing fee $ 402 receipt number ATXSDC-28077908) filed by Ricardo Javier Rojas.(Beale, Samuel) (Entered: 04/25/2022) |
| 04/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/19/2022 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7) (Entered: 04/26/2022) |
