Appellate Circuit

Strike II – You Can’t Have a Fifth Circuit Clerk Filing Your Motions, That’s Void Ab Initio

The Burkes file a motion to strike Hopkins Law’s response as the motion they are objecting to is void ab initio. It was unlawfully filed.

LIT COMMENTARY

JULY 28, 2021

The Burkes file a motion to strike Hopkins Law’s response as the motion they are objecting to is void ab initio. Why? Because it was filed by a Fifth Circuit Clerk and not the Burkes, which is unlawful.

APPELLANTS’ MOTION TO STRIKE HOPKINS RESPONSE TO A VOID MOTION FOR RECONSIDERATION ENTERED UNLAWFULLY ONTO THE DOCKET BY FIFTH CIRCUIT CLERK CHRISTINA GARDNER

Appellants, Joanna Burke and John Burke (“Burkes”) filed their Motion to Clarify Fifth Circuit Clerk Rebecca Leto’s order of 29 Jun, backdated to 13 Apr with Proposed Sufficient Brief Uploaded. The Order stated only this Court’s Order of 30 Mar should be emailed by the Burkes to the Fifth Circuit Clerk Jann Wynne to make the Petition sufficient.

On Friday, July 9, John Burke received a call from Fifth Circuit Clerk Christina Gardner and after that call ended she entered a backdated docket entry on 8 Jul (i) mooting the Burkes Motion to Clarify (ii) Unlawfully entering an opposed Motion for Reconsideration of an order already disposed of by the 3-panel1, (iii) entered a pro_se email to send the Court Opinion in light of the Burkes informing the Court that Clerk Jann Wynne was on vacation and her email on autoresponder and (iv) Blanking Clerk Leto’s order in its entirety. These facts render the unlawful Motion for Reconsideration void, not voidable.

Hopkins objected to the clerks unlawful “Motion for Reconsideration” in a reply dated July 19, 2021. The Burkes now timely request Hopkins response be stricken and in support thereof would show the Court as follows:

[1] OPPOSED MOTION for reconsideration of the 06/21/2021 court order

denying motion for reconsideration of the 05/05/2021 order

denying motion for authorization to omit the Statement of facts requirement for their Petition for Rehearing En Banc

and

file petition in present form.

No action is taken on Appellants’ request for clarification of clerk’s office procedure as unnecessary – procedure was explained to Mr. Burke telephonically.

Appellants may use the pro_se@ca5.uscourts.gov email as an alternative, if necessary [9557920-3], [9557920-2] [9614189-2].

Response/Opposition due on 07/19/2021. Date of service: 07/08/2021 [19-20267, 20-20209]

I. BURKE’S MOTION TO STRIKE IS THE CORRECT VEHICLE TO OBJECT TO HOPKINS RESPONSE

See U.S. v. Martinez, 962 F.2d 1161, 1165-66 (5th Cir. 1992), finding “In order to preserve a claim of error for appellate review, a party must timely object or move to strike the objectionable evidence, stating the specific ground of the objection.”

II. THE REASONS FOR STRIKING HOPKINS RESPONSE IS SIMPLE, FIFTH CIRCUIT CLERK GARDNER’S ACTIONS WERE UNLAWFUL AND THE MOTION FOR RECONSIDERATION IS VOID AB INITIO

The Clerk unlawfully filed Motion for Reconsideration, rendering it void2. In any event, it makes no sense, considering Clerk Leto’s order. All this has been detailed in the Burkes Motion to Correct Opinion, filed on July 18, 2021 per the docket3.

[2] See Bass v. Hoagland, 172 F.2d 205 (5th Cir. 1949); “Concluding that default judgment was void on due process grounds where defendant filed an answer, but did not receive notice of the plaintiff’s motion for default judgment.”

Here, the Burkes were bypassed entirely by the Clerk and who proceeded to file a motion improperly in the Burkes name.

Note: The Burkes are unable to locate a case citation comparable to the Clerk’s actions, which were perplexing and extraordinary.

[3] OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to correct opinion. [9621392-2]. Date of service: 07/18/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/18/2021 06:55 PM]

III. RELIEF REQUESTED

The Burkes civilly request this Court strike Hopkins response in its entirety as void ab initio, based on the Clerk’s unlawful acts.

Hopkins states in their response at 4;

“On July 8, 2021, the Burkes filed a Motion for Reconsideration (Motion to Clarify) of the June 21 Order. The Burkes’ July 8, 2021 Motion for Reconsideration is without merit and should be denied.”

The Burkes agree. The facts of the Motion for Reconsideration are without merit as discussed above. The Motion is unlawful and was not filed by the Burkes as required by law.

Further, Hopkins include (Motion to Clarify) as if inferring the Burkes Motion to Clarify was converted to a Motion for Reconsideration. This is not the case, as discussed above, where no action was taken on the Burkes Motion. In summary, the Clerk’s Motion for Reconsideration is void and hence Hopkins response mandates being stricken from the record.

IV. CONCLUSION

In summary, the Burkes formally request the Court strike Hopkins response in its entirety.

Respectfully submitted,

DENNIS, JAMES L.

Judge James L Dennis

was born January 9, 1936 (Capricorn)

Age: 85

OWEN, PRISCILLA R.

Judge Priscilla Richman Owen

was born October 4, 1954 (Libra)

Age: 66

DAVIS, W. EUGENE

Judge William Eugene Davis

was born August, 1936

Age: 84

RESPONSE IN OPPOSITION TO APPELLANTS’ MOTION FOR RECONSIDERATION

Appellees Ocwen Loan Servicing, LLC (“Ocwen”), Mark Daniel Hopkins, Shelley L. Hopkins, and Hopkins Law, P.L.L.C. (“Attorney Appellees”) (collectively “Appellees”) file this their Response in Opposition to Appellants John Burke and Joanna Burke’s (the “Burkes”) Motion for Reconsideration. In support of the foregoing, Appellees would respectfully show the Court as follows:

I. Relevant Litigation History

1. This Court issued its Opinion affirming the District Court’s dismissal of the Burkes’ claims against Appellees on March 30, 2021. On April 13, 2021, the Burkes’ filed a Petition for Rehearing En Banc. On April 14, 2021, the Court notified the Burkes that the Petition was insufficient and needed to be corrected.

2. The Burkes then filed a Motion for Other Relief on April 23, 2021, requesting the Court accept the Petition as filed without the Statement of Facts or alternatively requesting an extension of time to amend the Petition and waive the paper copies requirement. On May 5, 2021, the Court ordered that the Burkes’ request to omit the Statement of Facts in the Petition was denied, the extension of time to submit a sufficient Petition was granted (until May 15, 2021), and the Burkes’ request to waive the paper copy requirement was denied as unnecessary.

3. On May 28, 2021, the Burkes filed a Motion for Reconsideration of the May 5, 2021 Order, objecting to the time frame required to submit their sufficient Petition. The Burkes then filed a Renewed Motion for Reconsideration on June 7, 2021, after which the Court notified the parties that it would take no action on the Renewed Motion as there was already a Motion for Reconsideration pending. On June 21, 2021, the Court issued an order that the Motion for Reconsideration on the Burkes’ motion for authorization to omit the Statement of Facts requirement in the Petition for Rehearing En Banc was denied.

4. On July 8, 2021, the Burkes filed a Motion for Reconsideration (Motion to Clarify) of the June 21 Order. The Burkes’ July 8, 2021 Motion for Reconsideration is without merit and should be denied.

II. Argument

5. The Burke’s Motion to Clarify seeks to re-hash matters the Court has previously addressed. As best as Appellees can decipher from the Burkes’ motion (which is not a picture of clarity), the Burkes request:

a. The Court reconsider its previous orders of May 5, 2021 and June 21, 2021 denying the Burke’s request to omit a Statement of Facts from their Petition for Rehearing En Banc; and

b. The Court grant the Burkes an extension of time to file their Petition for Rehearing En Banc despite the Court having previously extending the Burkes’ deadline to file their Petition until May 15, 2021.

6. The Burkes’ Motion fails to provide any support or reasoning for the Court to reconsider or revise any prior ruling. Likewise, the Motion fails to sufficiently articulate why the Court should, once again, extend the Burke’s deadline to file their Petition for Rehearing En Banc. In fact, the only legal concept mentioned in the Motion is the Burkes’ belief that “due process of law afforded civil litigants per the Fourteenth Amendment” requires the Court’s acquiescence to the Burkes’ Motion. The Burkes fail to articulate how their due process rights have been violated.

7. The fundamental requirement of due process is the opportunity to be heard ‘at a meaningful time and in a meaningful manner.’ Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 902, 47 L.Ed. 2d 18 (1976). The first inquiry in every due-process challenge is whether the complaining party has been deprived of a protected interest in “property” or “liberty.” See Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 59, 119 S.Ct. 977, 143 L.Ed.2d 130 (1999).

8. The Burkes were given a deadline to file their Petition for Rehearing En Banc. That deadline was extended upon request. The Burkes’ ability to file a Petition was not taken away from them by the Court but rather was expanded when the Court afforded the Burkes an additional ten days to file their Petition.

9. As for requiring the Burkes to submit a Statement of Facts with their Petition, such requirement does not implicate the denial of due process. Nothing about the Court affording a litigant to provide more information to the Court (through a Statement of Facts or a Summary of the Argument) takes away a litigant’s ability to be heard in a meaningful way. Rather, the existence of briefing rules create the environment in which a litigant’s issues are best presented in clear fashion for all to consider.

10. In short, nothing about the Burkes current motion implicates due process concerns. The Burkes’ Motion is an example of their continued abuse of the judicial process with their vexatious filings. Since the Court entered its Opinion and issued Judgment, the Burkes have filed no less than ten (10) motions1 seeking various relief, each motion being without basis in law or fact. Despite the baseless nature of the Burke’s abusive motion practice, due process has been afforded the Burkes at every turn.

1 a. Petition for Rehearing En Banc – filed April 13, 2021;

b. Motion to File Petition is Present Form – filed April 23, 2021;

c. Motion to Extend Time to File Rehearing – filed May 12, 2021;

d. Motion to Reconsider – attempted to be filed May 14, 2021 but no action taking as Motion was premature;

e. Motion for Reconsideration of May 5, 2021 Order – filed May 28, 2021;

f. Motion to Stay Issuance of Mandate – filed June 28, 2021

g. Motion to Disqualify Chief Judge – filed July 3, 2021

h. Motion for Reconsideration – filed July 8, 2021

i. Motion for Sanctions – filed July 8, 2021

j. Motion to Extend Time to File Petition for Rehearing (their 3rd request) – filed July 8, 2021.

Conclusion

For the foregoing reasons, the Burkes’ Motion for Reconsideration should be denied in all things. Appellees pray for such other and further relief, at law or in equity, to which they have shown themselves to be justly entitled.

Respectfully submitted,

HOPKINS LAW, PLLC

3 Lakeway Centre Ct., Suite 110
Austin, Texas 78734
Telephone: (512) 600-4320
mark@hopkinslawtexas.com

/s/ Mark D. Hopkins
Mark D. Hopkins
Texas State Bar No. 00793975
Shelley L. Hopkins
shelley@hopkinslawtexas.com
Texas State Bar No. 24036497
ATTORNEYS FOR APPELLEES

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Response has been delivered to all parties as shown below on this 19th day of July, 2021 to the parties listed below.
JOHN BURKE
46 Kingswood Greens Drive
Kingwood,
Texas 77339

JOANNA BURKE
46 Kingswood Greens Drive
Kingwood,
Texas 77339

/s/ Mark D. Hopkins
Mark D. Hopkins

CERTIFICATE OF COMPLIANCE

1. This response complies with the type-volume limitation of Fed R. App. P. 27(d)(2)(A) because, it contains in full 1,012 words.

2. This response complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type style requirements of Fed. R. App. P. 32(a)(6) because it has been prepared in proportionally-spaced typeface, including serifs, using Microsoft Word 2010, in Times New Roman 14-point font, except for the footnotes, which are in proportionally-spaced typeface, including serifs, using Microsoft Word 2010 in Times New Roman 12-point font.

Dated: July 19, 2021.

[9] The Burkes seek ‘non-monetary’ sanctions as pro se litigants. They civilly ask this court to refer both Mr. and Mrs. Hopkins to the State Bar of Texas for their continued and repetitive [mis]conduct and suspend these attorneys from appearing before this court for a period of one year. See; U.S. v. Garza-Espinoza, C.R. No. M-08-4986M, at *1 (S.D. Tex. Aug. 20, 2008).

The Fifth Circuit Say Ciao to Cao In this Succinct Foreclosure Opinion

Obviously, the clerk in charge of this opinion wasn’t very good at arithmetic at school and left it undisturbed from the lower court opinion.

A Fifth Circuit Clerk Corruptly Impersonating Appellants Induces Finality of Appeal

Fifth Circuit Clerk Gardner, with knowledge and in bad faith, entered her own fraudulent Motion upon which the 5th Cir. entered its judgment.

The Ultimate in Corrupt Opinions. Fifth Circuit Issue Mandate Based on 5th Circuit Clerks Motion.

The Burkes now have proof beyond a reasonable doubt of Elder Abuse in Texas Federal Courts. It’s now a valid Criminal Complaint.

General Docket
United States Court of Appeals for the Fifth Circuit
Court of Appeals Docket #: 19-20267 Docketed: 04/22/2019
Termed: 03/30/2021
Nature of Suit: 3220 Foreclosure
Burke v. Ocwen Loan Servicing
Appeal From: Southern District of Texas, Houston
Fee Status: Fee Paid
Case Type Information:
     1) Private Civil Federal
     2) Private
     3)
Originating Court Information:
     District: 0541-4 : 4:18-CV-4544
     Court Reporter: Ebonee S. Mathis, Court Reporter
     Originating Judge: David Hittner, U.S. District Judge
     Date Filed: 12/03/2018
     Date NOA Filed:      Date Rec’d COA:
     04/18/2019      04/18/2019
Prior Cases:
     None
Current Cases:
Lead Member Start End
     Consolidated
19-20267 20-20209 03/30/2021
Panel Assignment:      Not available

 

Joanna Burke
Plaintiff – Appellant
Joanna Burke
Direct: 281-812-9591
Email: kajongwe@gmail.com
Fax: 866-705-0576
[NTC Pro Se]
46 Kingwood Greens Drive
Kingwood, TX 77339
John Burke
Plaintiff – Appellant
John Burke
Direct: 281-812-9591
Email: kajongwe@gmail.com
Fax: 866-705-0576
[NTC Pro Se]
46 Kingwood Greens Drive
Kingwood, TX 77339
v.
Ocwen Loan Servicing, L.L.C.
Defendant – Appellee
Mark D. Hopkins
Direct: 512-600-4320
Email: mark@hopkinslawtexas.com
Fax: 512-600-4326
[COR LD NTC Retained]
Hopkins Law, P.L.L.C.
Suite 110
3 Lakeway Centre Court
Austin, TX 78734Shelley Luan Hopkins
Direct: 512-600-4323
Email: shelley@hopkinslawtexas.com
[COR NTC Retained]
Hopkins Law, P.L.L.C.
Suite 110
3 Lakeway Centre Court
Austin, TX 78734

Joanna Burke; John Burke,

Plaintiffs – Appellants

v.

Ocwen Loan Servicing, L.L.C.,

Defendant – Appellee

consolidated with
_____________

No. 20-20209
_____________

Joanna Burke; John Burke,

Plaintiffs – Appellants

v.

Mark Daniel Hopkins; Shelley Hopkins; Hopkins Law, P.L.L.C.,

Defendants – Appellees

04/22/2019  Open Document
3 pg, 74.67 KB
PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Ms. Joanna Burke and Mr. John Burke [19-20267] (CSG) [Entered: 04/22/2019 01:34 PM]
04/22/2019  Open Document
1 pg, 127.77 KB
COURT REPORTER ACKNOWLEDGMENT received from Ebonee Mathis. [19-20267] (Ebonee S. Mathis ) [Entered: 04/22/2019 02:54 PM]
05/02/2019 FEE PAID by Appellants Ms. Joanna Burke and Mr. John Burke. [19-20267] (CSG) [Entered: 05/02/2019 02:14 PM]
05/02/2019  Open Document
4 pg, 208.46 KB
INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9043617-2] Initial AA Check Due satisfied.. Transcript order due on 05/17/2019 for Appellants Joanna Burke and John Burke [19-20267] (CSG) [Entered: 05/02/2019 02:20 PM]
05/03/2019  Open Document
1 pg, 59.74 KB
APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [19-20267] (Mark D. Hopkins ) [Entered: 05/03/2019 11:23 AM]
05/03/2019  Open Document
1 pg, 59.95 KB
APPEARANCE FORM received from Ms. Shelley Luan Hopkins for Ocwen Loan Servicing, L.L.C. for the court’s review. Lead Counsel? No. [19-20267] (Shelley Luan Hopkins ) [Entered: 05/03/2019 11:26 AM]
05/03/2019 APPEARANCE FORM FILED by Attorney Shelley Luan Hopkins for Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 [19-20267] (DMS) [Entered: 05/03/2019 02:59 PM]
05/03/2019 APPEARANCE FORM FILED by Attorney(s) Mark D. Hopkins for party(s) Appellee Ocwen Loan Servicing, L.L.C., in case 19-20267 [19-20267] (DMS) [Entered: 05/03/2019 03:00 PM]
05/08/2019  Open Document
7 pg, 211.67 KB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for leave to file electronically as a pro se party [9048328-2]. Date of service: 05/06/2019 Document is insufficient for the following reasons: Did not conference with the opposing side and the motion does not have a certificate of compliance. Sufficient Mtn/Resp/Reply due on 05/20/2019 for Appellants Joanna Burke and John Burke [19-20267] (DMS) [Entered: 05/08/2019 03:10 PM]
05/08/2019  Open Restricted Document
6 pg, 155.52 KB
LETTER OF ADVISEMENT. Reason: Advising appellants they must file a transcript order form as stated in our letter of 5/2/2019. If one is not filed, the case will be dismissed for want of prosecution. [19-20267] (DMS) [Entered: 05/08/2019 03:20 PM]
05/14/2019  Open Document
3 pg, 171.25 KB
TRANSCRIPT ORDER received from Appellants Ms. Joanna Burke and Mr. John Burke. DETAILS: Transcript Order: Court Reporter: Ebonee S. Mathis, Proceeding Type and Date: Hearing 02/06/2019. Transcript Order ddl satisfied. [19-20267] (DMS) [Entered: 05/14/2019 12:30 PM]
05/14/2019 ACKNOWLEDGMENT Transcript Order: Court Reporter: Ebonee S. Mathis, Est. Completion Dt: 05/17/2019, Dt. Fin Arrangements Made: 04/19/2019, Dt. Trans. to be Filed: 05/17/2019, Proceeding Type and Date: Hearing 02/06/2019. Transcript Due/Court Reporter Discount Date is 05/17/2019 for Ebonee S. Mathis, Court Reporter [19-20267] (DMS) [Entered: 05/14/2019 12:31 PM]
05/28/2019 TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Ebonee S. Mathis, Dt. Filed in Dist. Ct: 05/17/2019 Transcript Due/Court Reporter Discount Date canceled [19-20267] (DMS) [Entered: 05/28/2019 07:28 AM]
05/28/2019 ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 4:18-CV-4544. Electronic ROA due on 06/03/2019. [19-20267] (DMS) [Entered: 05/28/2019 07:28 AM]
05/30/2019  Open Document
1 pg, 78.23 KB
CLERK ORDER granting appellants’ Motion for leave for pro se to file electronically filed by Appellants Ms. Joanna Burke and Mr. John Burke [9048328-2] [19-20267] (DMS) [Entered: 05/30/2019 10:58 AM]
06/05/2019 ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [19-20267] (PAC) [Entered: 06/05/2019 01:31 PM]
06/05/2019  Open Document
4 pg, 126.08 KB
BRIEFING NOTICE ISSUED A/Pet’s Brief Due on 07/15/2019 for Appellants Joanna Burke and John Burke. [19-20267] (PAC) [Entered: 06/05/2019 01:31 PM]
07/14/2019  Open Document
81 pg, 822.22 KB
SUFFICIENT APPELLANT’S BRIEF FILED # of Copies Provided: 0
Sufficient Brief deadline satisfied. Paper Copies of Brief due on 07/30/2019 for Appellants Joanna Burke and John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 A/Pet’s Brief deadline satisfied. Sufficient Brief due on 07/29/2019 for Appellants Joanna Burke and John Burke.. Record Excerpts due on 07/29/2019 for Appellants Joanna Burke and John Burke. Appellee’s Brief due on 08/13/2019 for Appellee Ocwen Loan Servicing, L.L.C. [19-20267] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 07/14/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/14/2019 02:50 PM]
07/14/2019  Open Document
1 pg, 256.93 KB
APPEARANCE FORM received from Mr. John Burke for the court’s review. Lead Counsel? Yes. [19-20267] (John Burke ) [Entered: 07/14/2019 02:57 PM]
07/15/2019  Open Document
1 pg, 75.34 KB
Party Mr. John Burke is advised that pro se parties do not file appearance forms. [19-20267] (LBM) [Entered: 07/15/2019 09:46 AM]
07/17/2019  Open Restricted Document
78 pg, 745 KB
PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke in 19-20267 [9096817-2] Brief has been deemed insufficient. Corrections required: Caption to be corrected, table of authorities to be added to the table of content, identify the standard of review, incorrect ROA nimber on page 28. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief deadline satisfied. Sufficient Brief deadline updated to 08/02/2019 for Appellants Joanna Burke and John Burke [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke [9096817-2] Date of service: 07/17/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/17/2019 10:21 AM]
07/17/2019  Open Document
48 pg, 2.22 MB
SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 07/30/2019 for Appellants Joanna Burke and John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require caption to be corrected, all documents in the table of content to have ROA numbers. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Record Excerpts deadline satisfied. Sufficient Record Excerpts due on 08/02/2019 for Appellants Joanna Burke and John Burke [19-20267] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. John Burke. Date of service: 07/17/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/17/2019 10:23 AM]
07/23/2019  Open Restricted Document
78 pg, 631.69 KB
PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke [9096817-2] Date of service: 07/23/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/23/2019 04:49 PM]
07/23/2019  Open Restricted Document
43 pg, 2.03 MB
PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. John Burke [9099430-2] Date of service: 07/23/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/23/2019 04:51 PM]
07/25/2019  Open Document
4 pg, 74.09 KB
LEVEL 1 EXTENSION REQUESTED by Appellee Ocwen Loan Servicing, L.L.C. for filing Brief of Appellee until 08/28/2019 [19-20267] (Shelley Luan Hopkins ) [Entered: 07/25/2019 03:49 PM]
07/25/2019  Open Document
9 pg, 478.94 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Supplemental Appendix received from Appellants Ms. Joanna Burke and Mr. John Burke because Must file a motion to supplement the record on appeal with these documents. Filed incorrectly on our docket. [19-20267] (DMS) [Entered: 07/25/2019 03:52 PM]
07/26/2019  Open Document
9 pg, 385.34 KB
MOTION filed by Appellant Mr. John Burke to supplement the record on appeal with With evidence of the emails between the Court Reporter, SDTX Staff and Joanna Burke as identified on pages 57 of the Burkes Brief [9106497-2]. Date of service: 07/26/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/26/2019 01:31 AM]
07/26/2019 EXTENSION RECEIVED for Appellee Ocwen Loan Servicing, L.L.C.. Extension Denied Reason: Motion Required. Must filed using the motion filed event not the ecf ext rqst event. [19-20267] (DMS) [Entered: 07/26/2019 07:55 AM]
07/26/2019  Open Document
4 pg, 73.99 KB
OPPOSED MOTION filed by Appellee Ocwen Loan Servicing, L.L.C. to extend time to file brief of appellee until 08/28/2019 [9106661-2]. Date of service: 07/26/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellants Burke, Burke [19-20267] (Shelley Luan Hopkins ) [Entered: 07/26/2019 09:35 AM]
07/26/2019  Open Document
1 pg, 79.92 KB
CLERK ORDER granting appellee’s opposed motion to extend time to file appellee’s brief filed by Appellee Ocwen Loan Servicing, L.L.C. [9106661-2] Appellee’s Brief due on 08/28/2019 for Appellee Ocwen Loan Servicing, L.L.C. [19-20267] (DMS) [Entered: 07/26/2019 10:34 AM]
07/29/2019  Open Document
1 pg, 78.94 KB
CLERK ORDER denying appellant’s Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9106497-2] [19-20267] (DMS) [Entered: 07/29/2019 08:33 AM]
07/29/2019 Paper copies of Appellant Brief filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-20267] (CMB) [Entered: 08/01/2019 12:27 PM]
07/29/2019 Paper copies of Record Excerpts filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [19-20267] (CMB) [Entered: 08/01/2019 12:37 PM]
08/28/2019  Open Document
43 pg, 494.6 KB
APPELLEE’S BRIEF FILED # of Copies Provided: 0 E/Res’s Brief deadline satisfied. Reply Brief due on 09/18/2019 for Appellants Joanna Burke and John Burke. Paper Copies of Brief due on 09/03/2019 for Appellee Ocwen Loan Servicing, L.L.C.. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLEE’S BRIEF FILED by Ocwen Loan Servicing, L.L.C.. Date of service: 08/28/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke [19-20267] (Mark D. Hopkins ) [Entered: 08/28/2019 12:52 PM]
08/29/2019  Open Document
6 pg, 195.19 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Extension Request received from Appellants Ms. Joanna Burke and Mr. John Burke because this document must be filed as a motion using the motion filed event and not the attorney extension request event [19-20267] (DMS) [Entered: 08/29/2019 07:56 AM]
08/29/2019  Open Document
5 pg, 104.79 KB
OPPOSED MOTION filed by Appellant Mr. John Burke to extend time to file reply brief until 10/02/2019 [9132646-2]. Date of service: 08/29/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 08/29/2019 08:12 AM]
08/29/2019  Open Document
1 pg, 87.9 KB
CLERK ORDER granting in part appllants’ opposed Motion to extend time to file reply brief filed by Appellant Mr. John Burke [9132646-2] Reply Brief deadline updated to 09/25/2019 for Appellants Joanna Burke and John Burke [19-20267] (DMS) [Entered: 08/29/2019 12:37 PM]
08/30/2019 Paper copies of Appellee Brief filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-20267] (MRW) [Entered: 08/30/2019 02:11 PM]
09/18/2019  Open Document
6 pg, 193.8 KB
FED. R. APP. P. 44 Notice of Challenge to Constitutionality of Statute filed by Appellants Ms. Joanna Burke and Mr. John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: FED. R. APP. P. 44 Notice of Challenge to Constitutionality of Statute filed by Appellant Mr. John Burke. Date of Service: 09/18/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/18/2019 04:13 AM]
09/19/2019  Open Document
9 pg, 125.99 KB
OPPOSED MOTION to stay further proceedings in this court for 90 days . Reason: awaiting a final rule or adjudication on the constitional challenges, to suspend briefing notice dated 06/05/2019 [9148078-3]. Date of service: 09/19/2019 Response/Opposition due on 09/30/2019. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to stay further proceedings in this court. Reason: Constitutional Challenge(s), to extend time to file reply brief until 03/18/2020 [9148078-3]. Date of service: 09/19/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/19/2019 06:46 AM]
09/25/2019  Open Document
43 pg, 617.61 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Reply Brief received from Appellants Ms. Joanna Burke and Mr. John Burke because FIled incorrectly on the docket as a Rule 28(i) letter. [19-20267] (DMS) [Entered: 09/27/2019 09:43 AM]
09/27/2019  Open Document
43 pg, 623.12 KB
APPELLANT’S REPLY BRIEF FILED by Ms. Joanna Burke and Mr John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied. Paper Copies of Brief due on 10/07/2019 for Appellants Joanna Burke and John Burke. [19-20267] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S REPLY BRIEF FILED by Mr. John Burke. Date of service: 09/27/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/27/2019 10:57 PM]
10/07/2019  Open Document
1 pg, 90.67 KB
Paper copies of Appellant Reply Brief filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes They require: durable gray covers # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied.. Sufficient Paper Copies of Brief due on 10/15/2019 for Appellants Joanna Burke and John Burke [19-20267] (MRW) [Entered: 10/07/2019 01:31 PM]
10/11/2019 Paper copies of Reply Brief [9161773-2] received as sufficient. Sufficient Paper Copies of Brief due deadline satisfied. [19-20267] (DMS) [Entered: 10/18/2019 11:10 AM]
10/19/2019  Open Document
8 pg, 165.47 KB
OPPOSED MOTION alternative request to stay case for a period of no less than nine (9) months, (which equates to the anticipated timeline for a decision in the Selia Law case before the US Supreme Court) [9170890-3]. Date of service: 10/19/2019 [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to stay further proceedings in this court. Reason: US Supreme Court Selia Law Case #19-7 re CFPB Constitutionality Question and Dodd-Frank Act Question. Date of service: 10/19/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 10/19/2019 08:57 PM]
10/25/2019  Open Document
10 pg, 149.25 KB
RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. [9176007-1] to the Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9170890-2], Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9148078-2], Motion to suspend briefing notice filed by Appellant Mr. John Burke [9148078-3], Letter filed by Appellants Mr. John Burke, Ms. Joanna Burke and Mr. John Burke [9146872-2] Date of Service: 10/25/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267] (Mark D. Hopkins ) [Entered: 10/25/2019 01:12 PM]
10/27/2019  Open Document
64 pg, 2.78 MB
OPPOSED MOTION filed by Appellant Mr. John Burke for leave to file a supplement to Response/Opposition [9176007-2], Letter [9146872-2] [9176432-2], to supplement the record on appeal with two exhibits as uploaded here [9176432-3] and INCORPORATED RESPONSE to the Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9106497-2] Date of service: 10/27/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 10/27/2019 07:19 PM]
10/28/2019  Open Document
6 pg, 163.45 KB
REPLY filed by Appellants Ms. Joanna Burke and Mr. John Burke [9176855-1] to the Response/Opposition filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 [9176007-2]. Date of Service: 10/27/2019. [19-20267] (INCORPORATED IN MOTION TO SUPPLEMENT THE RECORD) (DMS) [Entered: 10/28/2019 11:24 AM]
10/28/2019  Open Document
2 pg, 119.88 KB
COURT ORDER denying Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9148078-2]; denying Motion to suspend briefing notice filed by Appellant Mr. John Burke [9148078-3] [19-20267] (AS) [Entered: 10/28/2019 12:29 PM]
10/28/2019  Open Document
1 pg, 78.51 KB
CLERK ORDER denying appellant’s opposed Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9176432-3] [19-20267] (DMS) [Entered: 10/28/2019 02:01 PM]
11/07/2019  Open Document
11 pg, 264.69 KB
OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 10/28/2019 [9185202-2]. Date of service: 11/07/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 11/07/2019 11:07 AM]
11/10/2019  Open Document
7 pg, 312.79 KB
OPPOSED MOTION filed by Appellant Ms. Joanna Burke for reconsideration of the 10/28/2019 clerk order denying Motion to supplement the record on appeal filed by Appellants in 19-20267 [9176432-3] [9186922-2]. Date of service: 11/10/2019 [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 10/28/2019 [9186922-2]. Date of service: 11/10/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 11/10/2019 01:42 PM]
11/13/2019  Open Document
2 pg, 103.34 KB
COURT ORDER – A member of this panel previously denied appellants’ opposed motion to stay case in Fifth Circuit awaiting a final rule or adjudication on the constitutional challenges. The panel has considered appellants’ motion for reconsideration. IT IS ORDERED that the motion is DENIED.
[9185202-2] [19-20267] (JMW) [Entered: 11/13/2019 03:10 PM]
11/13/2019  Open Document
11 pg, 746.24 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion entitled, “Appellants motion for reconsideration RE Constitutional Challenges” received from Appellants Ms. Joanna Burke and Mr. John Burke in light of the 11/13/19 court order already denying a motion for reconsideration, as to that prior motion [19-20267] (JMW) [Entered: 11/15/2019 09:26 AM]
11/14/2019  Open Document
7 pg, 339.56 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the entitled, “Appellants notice regarding attorney general Barr’s constitutional…..”, which was filed as a motion for clarification of an order dated 11/13/19, received from Appellants Ms. Joanna Burke and Mr. John Burke because the document is not requesting any relief. It indicates it is a “notice”. The event will be deleted. [19-20267] (JMW) [Entered: 11/15/2019 10:38 AM]
11/15/2019  Open Document
2 pg, 117.11 KB
COURT ORDER – IT IS ORDERED that appellant’s opposed motion to stay the case until the matter of the CFPB’s Constitutionality is answered by the United States Supreme Court is DENIED AS MOOT. IT IS FURTHER ORDERED that appellants’ opposed alternative request to stay the case for period of no less than nine (9) months, (which equates to the anticipated timeline for a decision in the Selia Law case before the United States Supreme Court) is DENIED AS MOOT. [9170890-2]; [9170890-3] [19-20267] (JMW) [Entered: 11/15/2019 09:06 AM]
11/17/2019  Open Document
21 pg, 278.38 KB
OPPOSED MOTION filed by Appellant Ms. Joanna Burke and Mr. John Burke for reconsideration of the 11/15/2019 court order denying Motion to stay further proceedings in this court filed by Appellant Mr. John Burke in 19-20267 [9148078-2], Motion to suspend briefing notice filed by Appellant Mr. John Burke in 19-20267 [9148078-3] [9191242-2]. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 11/15/2019 [9191242-2]. Date of service: 11/17/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 11/17/2019 09:27 PM]
11/18/2019  Open Document
2 pg, 118.51 KB
COURT ORDER filed: On October 28, 2019, the clerk denied pro se appellants’ opposed motion to supplement the record with a pleading and exhibits. Upon consideration of pro se appellants’ motion for reconsideration, IT IS ORDERED that the motion is DENIED. [9186922-2] [19-20267] (DMS) [Entered: 11/18/2019 02:21 PM]
12/19/2019  Open Document
2 pg, 85.38 KB
COURT ORDER FILED: A member of this panel previously denied appellants’ opposed motion for reconsideration of appellants’ opposed motion to stay the case until the matter of the CFPB’s Constitutionality is answered by the United States Supreme Court and appellants’ opposed alternative request to stay the case for period of no less than (9) months. The panel has considered appellants’ opposed motion for reconsideration. IT IS ORDERED that the motion is DENIED. [9191242-2] [19-20267] (DMS) [Entered: 12/19/2019 03:14 PM]
02/03/2020  Open Document
509 pg, 18.21 MB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Brief and Record Excerpts received from Appellants Ms. Joanna Burke and Mr. John Burke because The brief and record excerpts are entitled In the US Court of Appeals for the Eleventh Circuit. The case number on both documents is 19-13015, with a lower court number 9:17-CV-80495. [19-20267] (DMS) [Entered: 02/06/2020 12:05 PM]
02/10/2020  Open Document
3 pg, 132.17 KB
LETTER filed by Appellant Mr. John Burke Date of Service: 02/10/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 02/10/2020 09:10 AM]
07/05/2020  Open Document
17 pg, 282.51 KB
OPPOSED MOTION filed by Appellant Mr. John Burke to stay the case 5cca; or stay case for a period of no less than 4 months [9348363-2]. Date of service: 07/05/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/05/2020 09:23 PM]
07/06/2020  Open Document
77 pg, 1.09 MB
EXHIBITS IN SUPPORT of opposed motion to stay further proceedings in this court….. [9348363-2] filed by Appellants Ms. Joanna Burke and Mr. John Burke [19-20267] (JMW) [Entered: 07/07/2020 10:29 AM]
07/08/2020  Open Document
3 pg, 117 KB
COURT ORDER denying opposed motion to stay the case in this court filed by pro se appellants; denying the alternative opposed motion of pro se appellants to stay the case for a period of no less than 4 months [9348363-2] [19-20267] (JMW) [Entered: 07/08/2020 08:28 AM]
09/04/2020  Open Document
22 pg, 1 MB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for judicial notice [9394044-2]. Date of service: 09/04/2020 [19-20267] (CAG) [Entered: 09/08/2020 08:59 AM]
03/30/2021  Open Document
13 pg, 225.24 KB
UNPUBLISHED OPINION FILED. [19-20267; 20-20209 Affirmed] Judge: PRO, Judge: WED, Judge: JLD. Mandate issue date is 04/21/2021; denying Motion for judicial notice filed by Appellants Ms. Joanna Burke and Mr. John Burke [9394044-2] in 19-20267, denying Motion for judicial notice filed by Appellants Ms. Joanna Burke and Mr. John Burke [9394017-2] in 20-20209 [19-20267, 20-20209] (WMJ) [Entered: 03/30/2021 03:01 PM]
03/30/2021  Open Document
2 pg, 74.3 KB
JUDGMENT ENTERED AND FILED. Costs Taxed Against: appellants. [19-20267, 20-20209] (WMJ) [Entered: 03/30/2021 03:06 PM]
04/13/2021  Open Document
70 pg, 1.23 MB
PETITION for rehearing en banc [9549894-2] Number of Copies:0. Since it could not be determined that the filing on 05/17/2021 was not emailed, Clerk’s Office has filed the document as proposed sufficient rehearing. However, document remains insufficient for lack of copy of the Court’s opinion. Sufficient Rehearing due on 07/09/2021 for Appellants Joanna Burke and John Burke. Date of Service: 05/14/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PETITION filed by Appellant Ms. Joanna Burke in 19-20267 for rehearing en banc [9549894-2] Mandate issue date canceled.. Sufficient Rehearing due on 04/26/2021 for Appellants Joanna Burke and John Burke. Date of Service: 04/13/2021 Document is insufficient for the following reasons: case caption must match our case caption exactly; statement of facts; copy of the court’s opinion [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PETITION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for rehearing en banc [9549894-2]. Date of Service: 04/13/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 04/13/2021 07:27 PM]
04/23/2021  Open Document
25 pg, 972.38 KB
OPPOSED MOTION filed by Appellant Ms. Joanna Burke in 19-20267, 20-20209 file petition in present form [9557920-2]. [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Ms. Joanna Burke in 19-20267 alternative request for extension of 10 days to make rehearing sufficient; for leave to waive requirement to file paper rehearings [9557920-2] [9549894-2] [9557920-4], alternative request for extension of 10 days to make rehearing sufficient; for leave to waive requirement to file paper rehearings [9557920-2]. Date of service: 04/23/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for leave to file petition in present form [9549894-2] [9557920-2]. Date of service: 04/23/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 04/23/2021 12:00 PM]
05/05/2021  Open Document
3 pg, 127.24 KB
COURT ORDER denying motion to file Petition for Rehearing En Banc in present form, to omit the Statement of Facts requirement, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-2], denying as unnecessary motion to waive the paper requirement, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-3]; granting alternative motion to extend time to return a sufficient Petition for Rehearing En Banc 10 days from the date of this order, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-4] [19-20267, 20-20209] (JMW) [Entered: 05/05/2021 07:57 AM]
05/12/2021  Open Document
7 pg, 229.11 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to extend the time to file a rehearing until 05/26/2021 [9572022-2]. Date of service: 05/12/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 05/12/2021 08:44 AM]
05/14/2021  Open Document
8 pg, 309.14 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion for reconsideration of single judge’s order received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because the motion is premature, as the extension motion is still pending with the court [19-20267, 20-20209] (JMW) [Entered: 05/19/2021 01:50 PM]
05/17/2021  Open Document
35 pg, 627.82 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Proposed sufficient rehearing en banc received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because It is a duplicative filing, as the rehearing should be emailed, not re-filed. Additionally, it still remains insufficent as it does not have a copy of the court’s opinion. [19-20267, 20-20209] (CCR) [Entered: 05/17/2021 03:52 PM]
05/28/2021  Open Document
3 pg, 124.48 KB
COURT ORDER denying Motion to extend the time to file a petition for rehearing filed by Appellant Mr. John Burke [9572022-2] [19-20267, 20-20209] (JMW) [Entered: 05/28/2021 02:56 PM]
05/28/2021  Open Document
7 pg, 231.34 KB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 for reconsideration of the 05/05/2021 court order denying Motion for authorization to omit the Statement of Facts requirement for their Petition for Rehearing En Banc filed by Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267, 20-20209 [9557920-2] [9585172-2]. [19-20267, 20-20209] (JMW) [Entered: 05/28/2021 03:07 PM]
06/08/2021  Open Document
8 pg, 257.92 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Motion received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267, 20-20209 because A motion for reconsideration is already pending [19-20267, 20-20209] (DMS) [Entered: 06/08/2021 09:04 AM]
06/21/2021  Open Document
3 pg, 138.34 KB
COURT ORDER denying Motion for reconsideration filed by Appellants Ms. Joanna Burke and Mr. John Burke [9585172-2] in 19-20267 [19-20267, 20-20209] (RLL) [Entered: 06/21/2021 03:33 PM]
06/28/2021  Open Document
8 pg, 175.28 KB
MOTION to stay issuance of the mandate [9607360-2]. Date of service: 06/28/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to stay further proceedings in this court. Reason: US Supreme Court and this Court’s All American and Collins cases.. Date of service: 06/28/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 06/28/2021 08:36 PM]
07/01/2021  Open Document
29 pg, 1.43 MB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Appellants’ Motion to Disqualify Chief Judge Owen received from Appellant Mr. John Burke in 19-20267, 20-20209 because wrong filing event used [19-20267, 20-20209] (SDH) [Entered: 07/02/2021 01:56 PM]
07/03/2021  Open Document
28 pg, 1.35 MB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to disqualify Court of Appeals Judge Priscilla Owen from the case. [9611750-2]. Date of service: 07/03/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/03/2021 06:44 AM]
07/07/2021  Open Document
3 pg, 147.97 KB
COURT ORDER FILED that Appellants’ opposed motion to disqualify Chief Judge Priscilla R. Owen is DENIED. [9611750-2] [19-20267, 20-20209] (DMS) [Entered: 07/07/2021 02:40 PM]
07/08/2021  Open Document
7 pg, 200.42 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for clarification of the Order dated 06/29/2021. Date of service: 07/08/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/08/2021 10:02 AM]
General Docket
United States Court of Appeals for the Fifth Circuit
Court of Appeals Docket #: 20-20209 Docketed: 04/17/2020
Termed: 03/30/2021
Nature of Suit: 3290 Other Property Actions
Burke v. Hopkins
Appeal From: Southern District of Texas, Houston
Fee Status: Fee Paid
Case Type Information:
     1) Private Civil Federal
     2) Private
     3)
Originating Court Information:
     District: 0541-4 : 4:18-CV-4543
     Originating Judge: David Hittner, U.S. District Judge
     Date Filed: 12/03/2018
     Date NOA Filed:      Date Rec’d COA:
     04/15/2020      04/15/2020
Prior Cases:
     None
Current Cases:
Lead Member Start End
     Consolidated
19-20267 20-20209 03/30/2021
Panel Assignment:      Not available

 

Joanna Burke
Plaintiff – Appellant
Joanna Burke
Direct: 281-812-9591
Email: kajongwe@gmail.com
Fax: 866-705-0576
[NTC Pro Se]
46 Kingwood Greens Drive
Kingwood, TX 77339
John Burke
Plaintiff – Appellant
John Burke
Direct: 281-812-9591
Email: kajongwe@gmail.com
Fax: 866-705-0576
[NTC Pro Se]
46 Kingwood Greens Drive
Kingwood, TX 77339
v.
Mark D. Hopkins
Defendant – Appellee
Mark D. Hopkins
Direct: 512-600-4320
Email: mark@hopkinslawtexas.com
Fax: 512-600-4326
[COR LD NTC Pro Se]
Hopkins Law, P.L.L.C.
Suite 110
3 Lakeway Centre Court
Austin, TX 78734Shelley Luan Hopkins
Direct: 512-600-4323
Email: shelley@hopkinslawtexas.com
[COR NTC Retained]
Hopkins Law, P.L.L.C.
Suite 110
3 Lakeway Centre Court
Austin, TX 78734
Shelley Hopkins
Defendant – Appellee
Mark D. Hopkins
Direct: 512-600-4320
[COR LD NTC Retained]
(see above)Shelley Luan Hopkins
Direct: 512-600-4323
[COR NTC Pro Se]
(see above)
Hopkins Law, P.L.L.C.
Defendant – Appellee
Mark D. Hopkins
Direct: 512-600-4320
[COR LD NTC Retained]
(see above)Shelley Luan Hopkins
Direct: 512-600-4323
[COR NTC Retained]
(see above)

_____________

No. 19-20267
_____________

Joanna Burke; John Burke,

Plaintiffs – Appellants

v.

Ocwen Loan Servicing, L.L.C.,

Defendant – Appellee

consolidated with
_____________

No. 20-20209
_____________

Joanna Burke; John Burke,

Plaintiffs – Appellants

v.

Mark Daniel Hopkins; Shelley Hopkins; Hopkins Law, P.L.L.C.,

Defendants – Appellees

04/17/2020  Open Document
4 pg, 76.47 KB
PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Ms. Joanna Burke and Mr. John Burke [20-20209] (CAG) [Entered: 04/17/2020 01:51 PM]
04/21/2020  Open Document
1 pg, 82.2 KB
APPEARANCE FORM received from Mr. Mark D. Hopkins for Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins for the court’s review. Lead Counsel? Yes. [20-20209] (Mark D. Hopkins ) [Entered: 04/21/2020 11:18 AM]
04/21/2020  Open Document
1 pg, 82.39 KB
APPEARANCE FORM received from Ms. Shelley Luan Hopkins for Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins for the court’s review. Lead Counsel? No. [20-20209] (Shelley Luan Hopkins ) [Entered: 04/21/2020 11:21 AM]
04/22/2020 APPEARANCE FORM FILED by Attorney Mark D. Hopkins for Appellee Hopkins Law, P.L.L.C. in 20-20209, Attorney Mark D. Hopkins for Appellee Shelley Hopkins in 20-20209, Attorney Mark D. Hopkins for Appellee Mark D. Hopkins in 20-20209 [20-20209] (CAG) [Entered: 04/22/2020 05:51 AM]
04/22/2020 APPEARANCE FORM FILED by Attorney Shelley Luan Hopkins for Appellee Hopkins Law, P.L.L.C. in 20-20209, Attorney Shelley Luan Hopkins for Appellee Shelley Hopkins in 20-20209, Attorney Shelley Luan Hopkins for Appellee Mark D. Hopkins in 20-20209 [20-20209] (CAG) [Entered: 04/22/2020 05:52 AM]
04/22/2020 APPEARANCE FORM FILED by Attorney Mark D. Hopkins for Appellee Mark D. Hopkins in 20-20209 [20-20209] (CAG) [Entered: 04/22/2020 05:54 AM]
04/22/2020 APPEARANCE FORM FILED by Attorney Shelley Luan Hopkins for Appellee Shelley Hopkins in 20-20209 [20-20209] (CAG) [Entered: 04/22/2020 05:55 AM]
04/24/2020 INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process after monitoring for motion to alter or amend judgment (#72). [9300045-2] Initial AA Check Due satisfied.. [20-20209] (CAG) [Entered: 04/24/2020 06:24 AM]
05/14/2020  Open Document
1 pg, 59.12 KB
DISTRICT COURT ORDER of 05/01/2020 denying motion to alter or amend judgment (#72). [20-20209] (CAG) [Entered: 05/14/2020 05:57 AM]
05/14/2020  Open Document
4 pg, 117.82 KB
UPDATED CASE PROCESSING NOTICE sent. Fee due 05/29/2020. [20-20209] (CAG) [Entered: 05/14/2020 05:59 AM]
05/28/2020  Open Document
5 pg, 253.57 KB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for leave to file electronically as a pro se parties [9323502-2]. Date of service: 03/28/2020 [20-20209] (CAG) [Entered: 05/29/2020 04:04 PM]
05/29/2020 FEE PAID by Appellants Ms. Joanna Burke and Mr. John Burke. Fee deadline satisfied [20-20209] (CAG) [Entered: 05/29/2020 04:09 PM]
05/29/2020 ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 4:18-CV-4543. Electronic ROA due on 06/15/2020. [20-20209] (CAG) [Entered: 05/29/2020 04:10 PM]
06/01/2020  Open Document
1 pg, 75.54 KB
CLERK ORDER granting Motion for leave for pro se to file electronically filed by Appellants Ms. Joanna Burke and Mr. John Burke [9323502-2] [20-20209] (CAG) [Entered: 06/01/2020 10:26 AM]
06/03/2020 ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [20-20209] (CMB) [Entered: 06/03/2020 11:44 AM]
06/03/2020  Open Document
4 pg, 116.79 KB
BRIEFING NOTICE ISSUED A/Pet’s Brief Due on 07/13/2020 for Appellants Joanna Burke and John Burke. [20-20209] (CMB) [Entered: 06/03/2020 11:46 AM]
06/04/2020  Open Document
2 pg, 76.87 KB
CASE CAPTION updated. Party information modified for Mark D. Hopkins in 20-20209. Update: caption does not include full middle name as indicated on the district court docket sheet. [20-20209] (CAG) [Entered: 06/04/2020 10:05 AM]
06/05/2020  Open Document
1 pg, 75.12 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the request for status on judicial complaint filed as OPPOSED MOTION for clarification received from Appellants Ms. Joanna Burke and Mr. John Burke because judicial complaints are not handled within appeals. To find out the status of a judicial complaint, appellants should contact Circuit Mediation.. [20-20209] (CAG) [Entered: 06/05/2020 07:06 AM]
07/06/2020  Open Document
113 pg, 2.65 MB
OPPOSED JOINT MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke to stay further proceedings in this court.. Response/Opposition due on 07/16/2020. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to stay case in 5cca [9348413-2]. Date of service: 07/06/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/06/2020 08:31 AM]
07/07/2020  Open Document
1 pg, 74.13 KB
CLERK ORDER denying opposed motion to stay further proceedings in this court filed by Appellants Ms. Joanna Burke and Mr. John Burke [9348413-2] [20-20209] (JMW) [Entered: 07/07/2020 03:57 PM]
07/10/2020  Open Document
5 pg, 153.63 KB
OPPOSED MOTION for reconsideration of the 07/07/2020 clerk order denying Motion to stay further proceedings in this court filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9348413-2] [9352577-2]. Date of service: 07/10/2020. Response/Opposition due on 07/20/2020. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 07/07/2020 [9352577-2]. Date of service: 07/10/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/10/2020 10:14 AM]
07/13/2020  Open Document
2 pg, 108.41 KB
COURT ORDER DENYING Appellants’ motion for reconsideration [9352577-2]. [20-20209] (CAG) [Entered: 07/13/2020 12:23 PM]
07/13/2020  Open Restricted Document
41 pg, 512.8 KB
STRICKEN IN LIGHT OF THE COURT ORDER OF 07/16/20.
APPELLANT’S BRIEF FILED by Mr. John Burke and Ms. Joanna Burke. Brief NOT Sufficient as it requires a Certificate of Interested Parties, summary of argument, standard of review, argument, the certificate of service is out of order, and Record Excerpts are required.
SEE ATTACHED INSTRUCTIONS FOR HOW TO REMEDY THE DEFAULT. A/Pet’s Brief deadline satisfied. Record Excerpts due on 07/29/2020 for Appellants Joanna Burke and John Burke. Sufficient Brief due on 07/29/2020 for Appellants Joanna Burke and John Burke. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 07/13/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/13/2020 09:19 PM]
07/14/2020  Open Document
7 pg, 135.31 KB
MOTION to strike Appellants’ brief brief [9354874-2] and to place brief under seal [9354874-3]. Date of service: 07/14/2020. Appellants’ brief is under temporary seal. Response/Opposition due on 07/24/2020. [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins to strike Appellants’ Brief brief [9354874-2]. Date of service: 07/14/2020 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (Mark D. Hopkins ) [Entered: 07/14/2020 01:04 PM]
07/16/2020  Open Document
2 pg, 109.18 KB
COURT ORDER GRANTING Appellees’ motion to strike portions of the Appellants’ brief that refer to materials outside of the record [9354874-2]. IT IS FURTHER ORDERED that the Appellees’ motion to file Appellants’ brief under seal is DENIED AS MOOT [9354874-3]. Striking Appellant Brief filed by Appellants Ms. Joanna Burke and Mr. John Burke [9354311-2] [20-20209] (CAG) [Entered: 07/16/2020 04:51 PM]
07/16/2020 COURT ACTION striking Appellant Brief filed by Appellants Ms. Joanna Burke and Mr. John Burke [9354311-2] [20-20209] (CAG) [Entered: 07/16/2020 05:07 PM]
07/16/2020 BRIEFING SUSPENDED – portions stricken from appellant’s brief; establishing new briefing schedule.. Record Excerpts deadline canceled. Sufficient brief deadline canceled. [20-20209] (CAG) [Entered: 07/16/2020 05:10 PM]
07/16/2020  Open Document
2 pg, 102.67 KB
BRIEFING RESUMED. Appellants’ brief must be refiled omitting references to material outside of the record on appeal. A/Pet’s Brief Due on 07/30/2020 for Appellants Joanna Burke and John Burke. Record Excerpts due on 07/30/2020 for Appellants Joanna Burke and John Burke [20-20209] (CAG) [Entered: 07/16/2020 05:13 PM]
07/27/2020  Open Document
22 pg, 263.65 KB
OPPOSED MOTION for reconsideration of the 07/16/2020 court order granting Motion to strike brief [9354874-2], and place brief under seal filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9354874-3] [9363300-2]. Date of service: 07/27/2020. Response/Opposition due on 08/06/2020. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 07/16/2020 [9363300-2]. Date of service: 07/27/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/27/2020 12:35 AM]
07/29/2020  Open Document
3 pg, 137.04 KB
COURT ORDER DENYING Appellants’ opposed motion for reconsideration [9363300-2]. [20-20209] (CAG) [Entered: 07/29/2020 02:03 PM]
07/30/2020  Open Restricted Document
51 pg, 418.86 KB
THIS DOCUMENT IS STRICKEN IN LIGHT OF THE COURT ORDER OF 08/04/2020.
APPELLANT’S BRIEF FILED A/Pet’s Brief deadline satisfied. Paper copies are not required at this time. Appellee’s Brief due on 08/31/2020 for Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 07/30/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/30/2020 07:02 PM]
07/30/2020  Open Document
81 pg, 2.37 MB
RECORD EXCERPTS FILED. Record Excerpts deadline satisfied. Paper copies are not required at this time. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. John Burke. Date of service: 07/30/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 07/30/2020 07:03 PM]
07/31/2020  Open Document
10 pg, 145.66 KB
MOTION to strike Appellant’s brief brief [9368451-2], to place brief under seal [9368451-3]. Date of service: 07/31/2020 [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins to strike Appellants’ Amended Brief brief [9368451-2]. Date of service: 07/31/2020 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (Mark D. Hopkins ) [Entered: 07/31/2020 04:01 PM]
08/02/2020  Open Document
19 pg, 927.77 KB
SUFFICIENT OPPOSED MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke to strike Motion to strike brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9368451-2] [9368627-2]. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke to strike Motion to strike brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9368451-2] [9368627-2]. Date of service: 08/03/2020. Document is insufficient for the following reasons: all motions must state that the movant has contacted or attempted to contact all other parties and must indicate whether an opposition will be filed. 5th Cir. R. 27.4. Sufficient Mtn/Resp/Reply due on 08/07/2020 for Appellants Joanna Burke and John Burke [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to strike Motion to strike brief filed by Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins [9368451-2] [9368627-2]. Date of service: 08/02/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 08/02/2020 08:04 PM]
08/02/2020  Open Document
10 pg, 278.53 KB
SUFFICIENT OPPOSED MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke for a copy of the original complaint filed by Mr. Jim Harrington against Judge Clement and resulting opinion/decision/memorandum and the reason Judge Willett replaced Judge Clement on the panel in Thomas v. Bryant, 938 F.3d 134, 155 n.95 (5th Cir. 2019). [9368628-2]. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke a copy of the original complaint filed by Mr. Jim Harrington against Judge Clement and resulting opinion/decision/memorandum and the reason Judge Willett replaced Judge Clement on the panel in Thomas v. Bryant, 938 F.3d 134, 155 n.95 (5th Cir. 2019) [9368628-2]. Date of service: 08/03/2020. Document is insufficient for the following reasons: all motions must state that the movant has contacted or attempted to contact all other parties and must indicate whether an opposition will be filed. 5th Cir. R. 27.4. Sufficient Mtn/Resp/Reply due on 08/07/2020 for Appellants Joanna Burke and John Burke [20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for clarification of the Order dated 07/29/2020. Date of service: 08/02/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 08/02/2020 08:08 PM]
08/04/2020 The Motion for extraordinary relief filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9368628-2], Motion to strike document filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9368627-2] has been made sufficient. Sufficient Mtn/Resp/Rpl deadline satisfied. [20-20209] (CAG) [Entered: 08/04/2020 09:59 AM]
08/04/2020  Open Document
3 pg, 141.42 KB
COURT ORDER GRANTING Appellees’ opposed motion to strike Appellant’s amended brief [9368451-2]. IT IS FURTHER ORDERED that Appellees’ opposed motion to place Appellants’ brief under seal is GRANTED [9368451-3]. IT IS FURTHER ORDERED that Appellants’ opposed motion to strike Appellees’ opposed motion to strike Appellants’ brief is DENIED. IT IS FURTHER ORDERED that Appellants’ opposed motion for a copy of a judicial complaint and resulting opinion/decision/memorandum and the reason Judge Willett was on the panel in Thomas v. Bryant, 938 F.3d 134, 155 n.95 (2019), is DENIED [9368627-2] [9368628-2]. [20-20209] (CAG) [Entered: 08/04/2020 03:13 PM]
08/04/2020 COURT ACTION striking Appellant Brief filed by Appellant Mr. John Burke [9367572-2] [20-20209] (CAG) [Entered: 08/04/2020 03:19 PM]
08/05/2020 BRIEFING SUSPENDED – portions striken from appellants’ brief; estabilishing new briefing schedule. E/Res’s Brief deadline canceled [20-20209] (CAG) [Entered: 08/05/2020 05:34 AM]
08/05/2020  Open Document
2 pg, 101.36 KB
BRIEFING RESUMED. Appellants’ brief must be refiled ommitting references to material outside of the record on appeal. A/Pet’s Brief Due on 08/19/2020 for Appellants Joanna Burke and John Burke. [20-20209] (CAG) [Entered: 08/05/2020 05:36 AM]
08/13/2020  Open Document
11 pg, 188.59 KB
OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 08/04/2020 [9377524-2]. Date of service: 08/13/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 08/13/2020 05:24 PM]
08/18/2020  Open Document
3 pg, 143.67 KB
COURT ORDER DENYING Appellants’ Motion for reconsideration [9377524-2]. [20-20209] (CAG) [Entered: 08/18/2020 09:48 AM]
08/19/2020  Open Document
67 pg, 475.11 KB
APPELLANT’S BRIEF FILED by Mr. John Burke and Ms. Joanna Burke.
A/Pet’s Brief deadline satisfied. Appellee’s Brief due on 09/18/2020 for Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 08/19/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 08/19/2020 03:41 PM]
09/04/2020  Open Document
22 pg, 1.01 MB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for judicial notice [9394017-2]. Date of service: 09/04/2020 [20-20209] (CAG) [Entered: 09/08/2020 08:43 AM]
09/08/2020  Open Document
4 pg, 122.02 KB
OPPOSED MOTION filed by Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins to extend time to file brief of appellee until 10/02/2020 [9394501-2]. Date of service: 09/08/2020 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (Mark D. Hopkins ) [Entered: 09/08/2020 01:02 PM]
09/10/2020  Open Document
1 pg, 75.3 KB
CLERK ORDER granting Motion to extend time to file appellee’s brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. [9394501-2] Appellee’s Brief due on 10/02/2020 for Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. [20-20209] (CAG) [Entered: 09/10/2020 08:18 AM]
10/02/2020  Open Document
42 pg, 377.75 KB
APPELLEE’S BRIEF FILED E/Res’s Brief deadline satisfied. Reply Brief due on 10/23/2020 for Appellants Joanna Burke and John Burke [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLEE’S BRIEF FILED by Mr. Mark D. Hopkins, Hopkins Law, P.L.L.C. and Ms. Shelley Hopkins. Date of service: 10/02/2020 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (Mark D. Hopkins ) [Entered: 10/02/2020 03:23 PM]
10/05/2020  Open Document
16 pg, 212.34 KB
OPPOSED MOTION filed by Appellants Mr. John Burke and Ms. Joanna Burke to strike Appellees’ brief [9413904-2]. Date of service: 10/05/2020 [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to strike Appellees Brief filed Friday, 2nd October, 2020 brief [9413904-2]. Date of service: 10/05/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 10/05/2020 12:07 PM]
10/06/2020  Open Document
2 pg, 137.48 KB
COURT ORDER DENYING appellants’ opposed motion to strike appellees’ brief [9413904-2]. [20-20209] (CAG) [Entered: 10/06/2020 01:40 PM]
10/07/2020  Open Document
4 pg, 141.46 KB
OPPOSED MOTION filed by Appellant Mr. John Burke to extend time to file reply brief until 11/06/2020 [9416112-2]. Date of service: 10/07/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 10/07/2020 12:32 PM]
10/07/2020  Open Document
5 pg, 215.29 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion for extension entitled “motion to strike” received from Appellants Ms. Joanna Burke and Mr. John Burke because motion was corrected and refiled. Removing “motion to strike” from the docket. [20-20209] (CAG) [Entered: 10/08/2020 01:20 PM]
10/08/2020  Open Document
1 pg, 73.44 KB
CLERK ORDER denying Motion to extend time to file reply brief filed by Appellant Mr. John Burke [9416112-2] [20-20209] (CAG) [Entered: 10/08/2020 04:24 PM]
10/15/2020  Open Document
9 pg, 177.16 KB
OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 10/08/2020 [9422323-2]. Date of service: 10/15/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 10/15/2020 06:03 PM]
10/16/2020  Open Document
1 pg, 76.45 KB
CLERK ORDER granting motion for reconsideration filed by Appellant Mr. John Burke [9422323-2]; extending time to file reply brief [9422808-2] Reply Brief deadline updated to 11/06/2020 for Appellants Joanna Burke and John Burke [20-20209] (JMW) [Entered: 10/16/2020 11:37 AM]
11/06/2020  Open Document
38 pg, 344.81 KB
APPELLANT’S REPLY BRIEF FILED
Reply Brief deadline satisfied [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S REPLY BRIEF FILED by Mr. John Burke. Date of service: 11/06/2020 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 11/06/2020 04:38 PM]
01/07/2021  Open Document
1 pg, 91.2 KB
PAPER COPIES REQUESTED for the Appellant Brief filed by Appellants Ms. Joanna Burke and Mr. John Burke in 20-20209 [9381578-2], Record Excerpts filed by Appellant Mr. John Burke in 20-20209 [9367573-2], Appellee Brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 [9413256-2], Appellant Reply Brief filed by Appellant Mr. John Burke in 20-20209 [9437996-2]. Paper Copies of Brief due on 01/12/2021 for Appellants Joanna Burke and John Burke and Appellees Mark D. Hopkins, Shelley Hopkins and Hopkins Law, P.L.L.C. Paper Copies of Record Excerpts due on 01/12/2021 for Appellants Joanna Burke and John Burke. [20-20209] (CAG) [Entered: 01/07/2021 11:35 AM]
01/08/2021  Open Document
16 pg, 687.15 KB
OPPOSED MOTION filed by Appellant Ms. Joanna Burke waive paper copies requirement for appellant’s brief, record excerpts, and reply brief [9478154-2]. Date of service: 01/11/2021 [20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to waive requirement to file record excerpts [9478154-2], to waive requirement to file Appellee’s brief [9478154-3]. Date of service: 01/08/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [20-20209] (John Burke ) [Entered: 01/08/2021 12:00 PM]
01/11/2021 Paper copies of Appellee Brief filed by Appellees Mr. Mark D. Hopkins, Ms. Shelley Hopkins and Hopkins Law, P.L.L.C. in 20-20209 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-20209] (DMS) [Entered: 01/12/2021 08:56 AM]
02/11/2021  Open Document
1 pg, 76.24 KB
CLERK ORDER denying as moot the motion to waive paper copies requirement filed by Appellants Ms. Joanna Burke and Mr. John Burke [9478154-2]. The Clerk’s Office has printed the paper copies required. [20-20209] (CAG) [Entered: 02/11/2021 09:42 AM]
03/30/2021  Open Document
13 pg, 225.24 KB
UNPUBLISHED OPINION FILED. [19-20267; 20-20209 Affirmed] Judge: PRO, Judge: WED, Judge: JLD. Mandate issue date is 04/21/2021; denying Motion for judicial notice filed by Appellants Ms. Joanna Burke and Mr. John Burke [9394044-2] in 19-20267, denying Motion for judicial notice filed by Appellants Ms. Joanna Burke and Mr. John Burke [9394017-2] in 20-20209 [19-20267, 20-20209] (WMJ) [Entered: 03/30/2021 03:01 PM]
03/30/2021  Open Document
2 pg, 74.3 KB
JUDGMENT ENTERED AND FILED. Costs Taxed Against: appellants. [19-20267, 20-20209] (WMJ) [Entered: 03/30/2021 03:06 PM]
04/13/2021  Open Document
70 pg, 1.23 MB
PETITION for rehearing en banc [9549894-2] Number of Copies:0. Since it could not be determined that the filing on 05/17/2021 was not emailed, Clerk’s Office has filed the document as proposed sufficient rehearing. However, document remains insufficient for lack of copy of the Court’s opinion. Sufficient Rehearing due on 07/09/2021 for Appellants Joanna Burke and John Burke. Date of Service: 05/14/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PETITION filed by Appellant Ms. Joanna Burke in 19-20267 for rehearing en banc [9549894-2] Mandate issue date canceled.. Sufficient Rehearing due on 04/26/2021 for Appellants Joanna Burke and John Burke. Date of Service: 04/13/2021 Document is insufficient for the following reasons: case caption must match our case caption exactly; statement of facts; copy of the court’s opinion [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PETITION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for rehearing en banc [9549894-2]. Date of Service: 04/13/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 04/13/2021 07:27 PM]
04/23/2021  Open Document
25 pg, 972.38 KB
OPPOSED MOTION filed by Appellant Ms. Joanna Burke in 19-20267, 20-20209 file petition in present form [9557920-2]. [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Ms. Joanna Burke in 19-20267 alternative request for extension of 10 days to make rehearing sufficient; for leave to waive requirement to file paper rehearings [9557920-2] [9549894-2] [9557920-4], alternative request for extension of 10 days to make rehearing sufficient; for leave to waive requirement to file paper rehearings [9557920-2]. Date of service: 04/23/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for leave to file petition in present form [9549894-2] [9557920-2]. Date of service: 04/23/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 04/23/2021 12:00 PM]
05/05/2021  Open Document
3 pg, 127.24 KB
COURT ORDER denying motion to file Petition for Rehearing En Banc in present form, to omit the Statement of Facts requirement, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-2], denying as unnecessary motion to waive the paper requirement, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-3]; granting alternative motion to extend time to return a sufficient Petition for Rehearing En Banc 10 days from the date of this order, filed by Appellants Ms. Joanna Burke and Mr. John Burke [9557920-4] [19-20267, 20-20209] (JMW) [Entered: 05/05/2021 07:57 AM]
05/12/2021  Open Document
7 pg, 229.11 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to extend the time to file a rehearing until 05/26/2021 [9572022-2]. Date of service: 05/12/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 05/12/2021 08:44 AM]
05/14/2021  Open Document
8 pg, 309.14 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion for reconsideration of single judge’s order received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because the motion is premature, as the extension motion is still pending with the court [19-20267, 20-20209] (JMW) [Entered: 05/19/2021 01:50 PM]
05/17/2021  Open Document
35 pg, 627.82 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Proposed sufficient rehearing en banc received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because It is a duplicative filing, as the rehearing should be emailed, not re-filed. Additionally, it still remains insufficent as it does not have a copy of the court’s opinion. [19-20267, 20-20209] (CCR) [Entered: 05/17/2021 03:52 PM]
05/28/2021  Open Document
3 pg, 124.48 KB
COURT ORDER denying Motion to extend the time to file a petition for rehearing filed by Appellant Mr. John Burke [9572022-2] [19-20267, 20-20209] (JMW) [Entered: 05/28/2021 02:56 PM]
05/28/2021  Open Document
7 pg, 231.34 KB
MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 for reconsideration of the 05/05/2021 court order denying Motion for authorization to omit the Statement of Facts requirement for their Petition for Rehearing En Banc filed by Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267, 20-20209 [9557920-2] [9585172-2]. [19-20267, 20-20209] (JMW) [Entered: 05/28/2021 03:07 PM]
06/08/2021  Open Document
8 pg, 257.92 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Motion received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267, 20-20209 because A motion for reconsideration is already pending [19-20267, 20-20209] (DMS) [Entered: 06/08/2021 09:04 AM]
06/21/2021  Open Document
3 pg, 138.34 KB
COURT ORDER denying Motion for reconsideration filed by Appellants Ms. Joanna Burke and Mr. John Burke [9585172-2] in 19-20267 [19-20267, 20-20209] (RLL) [Entered: 06/21/2021 03:33 PM]
06/28/2021  Open Document
8 pg, 175.28 KB
MOTION to stay issuance of the mandate [9607360-2]. Date of service: 06/28/2021 [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to stay further proceedings in this court. Reason: US Supreme Court and this Court’s All American and Collins cases.. Date of service: 06/28/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 06/28/2021 08:36 PM]
07/01/2021  Open Document
29 pg, 1.43 MB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Appellants’ Motion to Disqualify Chief Judge Owen received from Appellant Mr. John Burke in 19-20267, 20-20209 because wrong filing event used [19-20267, 20-20209] (SDH) [Entered: 07/02/2021 01:56 PM]
07/03/2021  Open Document
28 pg, 1.35 MB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to disqualify Court of Appeals Judge Priscilla Owen from the case. [9611750-2]. Date of service: 07/03/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/03/2021 06:44 AM]
07/07/2021  Open Document
3 pg, 147.97 KB
COURT ORDER FILED that Appellants’ opposed motion to disqualify Chief Judge Priscilla R. Owen is DENIED. [9611750-2] [19-20267, 20-20209] (DMS) [Entered: 07/07/2021 02:40 PM]
07/08/2021  Open Document
7 pg, 200.42 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for clarification of the Order dated 06/29/2021. Date of service: 07/08/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/08/2021 10:02 AM]
General Docket
United States Court of Appeals for the Fifth Circuit
Court of Appeals Docket #: 19-20267 Docketed: 04/22/2019
Termed: 03/30/2021
Nature of Suit: 3220 Foreclosure
Burke v. Ocwen Loan Servicing
Appeal From: Southern District of Texas, Houston
Fee Status: Fee Paid
Case Type Information:
     1) Private Civil Federal
     2) Private
     3)
Current Cases:
Lead Member Start End
     Consolidated
19-20267 20-20209 03/30/2021
Panel Assignment:      Not available

Joanna Burke; John Burke,

Plaintiffs – Appellants

v.

Ocwen Loan Servicing, L.L.C.,

Defendant – Appellee

consolidated with
_____________

No. 20-20209
_____________

Joanna Burke; John Burke,

Plaintiffs – Appellants

v.

Mark Daniel Hopkins; Shelley Hopkins; Hopkins Law, P.L.L.C.,

Defendants – Appellees

07/18/2021  Open Document
24 pg, 407.13 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to correct opinion. [9621392-2]. Date of service: 07/18/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/18/2021 06:55 PM]
07/19/2021  Open Document
7 pg, 233.92 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion for reconsideration received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because there is no recourse for reconsideration of a denial of motion to recuse or disqualify a Judge. [19-20267, 20-20209] (CAG) [Entered: 07/19/2021 12:57 PM]
07/19/2021  Open Document
15 pg, 509.18 KB
RESPONSE/OPPOSITION [9622148-1] to the Motion for sanctions in 19-20267, 20-20209 [9615009-2]. Date of Service: 07/19/2021. [19-20267, 20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. in 19-20267, Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622148-1] to the Motion filed by Appellant Mr. John Burke in 19-20267, 20-20209 [9615009-2] Date of Service: 07/19/2021 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267, 20-20209] (Mark D. Hopkins ) [Entered: 07/19/2021 03:44 PM]
07/19/2021  Open Document
9 pg, 202.23 KB
RESPONSE/OPPOSITION [9622209-1] to the Motion for reconsideration in 19-20267, 20-20209 [9614189-2] Date of Service: 07/19/2021. [19-20267, 20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. in 19-20267, Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622209-1] to the Motion for reconsideration filed by Appellant Mr. John Burke in 19-20267, 20-20209 [9614189-2] Date of Service: 07/19/2021 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267, 20-20209] (Mark D. Hopkins ) [Entered: 07/19/2021 04:12 PM]
07/28/2021  Open Document
25 pg, 771.32 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to strike Response/Opposition filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267, Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622148-2] [9629458-2], for sanctions against MARK HOPKINS, SHELLEY HOPKINS. Date of service: 07/28/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/28/2021 12:40 PM]
07/01/2021  Open Document
29 pg, 1.43 MB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Appellants’ Motion to Disqualify Chief Judge Owen received from Appellant Mr. John Burke in 19-20267, 20-20209 because wrong filing event used [19-20267, 20-20209] (SDH) [Entered: 07/02/2021 01:56 PM]
07/03/2021  Open Document
28 pg, 1.35 MB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to disqualify Court of Appeals Judge Priscilla Owen from the case. [9611750-2]. Date of service: 07/03/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/03/2021 06:44 AM]
07/07/2021  Open Document
3 pg, 147.97 KB
COURT ORDER FILED that Appellants’ opposed motion to disqualify Chief Judge Priscilla R. Owen is DENIED. [9611750-2] [19-20267, 20-20209] (DMS) [Entered: 07/07/2021 02:40 PM]
07/08/2021  Open Document
7 pg, 200.42 KB
OPPOSED MOTION for reconsideration of the 06/21/2021 court order denying motion for reconsideration of the 05/05/2021 order denying motion for authorization to omit the Statement of facts requirement for their Petition for Rehearing En Banc and file petition in present form. No action is taken on Appellants’ request for clarification of clerk’s office procedure as unnecessary – procedure was explained to Mr. Burke telephonically. Appellants may use the pro_se@ca5.uscourts.gov email as an alternative, if necessary [9557920-3], [9557920-2] [9614189-2]. Response/Opposition due on 07/19/2021. Date of service: 07/08/2021 [19-20267, 20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION for clarification of the Order dated 06/21/2021 denying Motion for reconsideration filed by Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267, 20-20209 [9585172-2]. Response/Opposition due on 07/19/2021. [19-20267, 20-20209] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for clarification of the Order dated 06/29/2021. Date of service: 07/08/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/08/2021 10:02 AM]
07/08/2021  Open Document
9 pg, 259.83 KB
OPPOSED MOTION for sanctions against Mark Daniel Hopkins and Shelley Luan Hopkins. Response/Opposition due on 07/19/2021. [19-20267, 20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 for sanctions against Mark Daniel Hopkins and Shelley Luan Hopkins. Date of service: 07/08/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/08/2021 08:29 PM]
07/08/2021  Open Document
6 pg, 229.63 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to extend the time to file a rehearing until 07/23/2021 [9615010-2]. Date of service: 07/08/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/08/2021 08:37 PM]
07/18/2021  Open Document
24 pg, 407.13 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to correct opinion. [9621392-2]. Date of service: 07/18/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/18/2021 06:55 PM]
07/19/2021  Open Document
7 pg, 233.92 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion for reconsideration received from Appellants Ms. Joanna Burke and Mr. John Burke in 19-20267 because there is no recourse for reconsideration of a denial of motion to recuse or disqualify a Judge. [19-20267, 20-20209] (CAG) [Entered: 07/19/2021 12:57 PM]
07/19/2021  Open Document
15 pg, 509.18 KB
RESPONSE/OPPOSITION [9622148-1] to the Motion for sanctions in 19-20267, 20-20209 [9615009-2]. Date of Service: 07/19/2021. [19-20267, 20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. in 19-20267, Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622148-1] to the Motion filed by Appellant Mr. John Burke in 19-20267, 20-20209 [9615009-2] Date of Service: 07/19/2021 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267, 20-20209] (Mark D. Hopkins ) [Entered: 07/19/2021 03:44 PM]
07/19/2021  Open Document
9 pg, 202.23 KB
RESPONSE/OPPOSITION [9622209-1] to the Motion for reconsideration in 19-20267, 20-20209 [9614189-2] Date of Service: 07/19/2021. [19-20267, 20-20209]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. in 19-20267, Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622209-1] to the Motion for reconsideration filed by Appellant Mr. John Burke in 19-20267, 20-20209 [9614189-2] Date of Service: 07/19/2021 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267, 20-20209] (Mark D. Hopkins ) [Entered: 07/19/2021 04:12 PM]
07/28/2021  Open Document
25 pg, 771.32 KB
OPPOSED MOTION filed by Appellant Mr. John Burke in 19-20267, 20-20209 to strike Response/Opposition filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267, Appellees Hopkins Law, P.L.L.C., Mr. Mark D. Hopkins and Ms. Shelley Hopkins in 20-20209 [9622148-2] [9629458-2], for sanctions against MARK HOPKINS, SHELLEY HOPKINS. Date of service: 07/28/2021 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267, 20-20209] (John Burke ) [Entered: 07/28/2021 12:40 PM]
Strike II – You Can’t Have a Fifth Circuit Clerk Filing Your Motions, That’s Void Ab Initio
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Donate to LawsInTexas. Make a Difference.

Subscribe to Our Newsletter

We keep your data private and share your data only with third parties that make this service possible. See our Privacy Policy for more information.

© 2020-21 LawInTexas com is an online trading name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware. | All Rights Reserved.

To Top