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Dempsey v. Deutsche Bank National Trust Company
(1:23-cv-00056)
District Court, S.D. Texas
APR 6, 2023 | REPUBLISHED BY LIT: JUL 29, 2023
JUL 29, AUG 18, 2023
Above is the date LIT Last updated this article.
Court orders improperly named as “Dismissal” on PACER these days, rather than ORDER.
Dempsey’s moved out, home for sale.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Brownsville)
CIVIL DOCKET FOR CASE #: 1:23-cv-00056
| Dempsey v. Deutsche Bank National Trust Company et al Assigned to: Judge Rolando Olvera
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 04/06/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Steven Dempsey | represented by | Steven Dempsey 712 Orange Ln. Laguna Vista, TX 78578 956-433-8747 PRO SE |
| V. | ||
| Defendant | ||
| Deutsche Bank National Trust Company as Trustee for GSAMP Trust 2005-NC1 TERMINATED: 07/14/2023 |
represented by | Adam Ross Nunnallee Dykema Gossett PLLC 1717 Main Street Suite 4200 Dallas, TX 75201 (214) 462-6453 Fax: (214) 462-6401 Email: ANunnallee@dykema.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMcKenna Brianne Rammell Crisp Dykema Gossett, PLLC 1717 Main St. Ste 4200 Dallas, TX 75201 214-462-6439 Email: mcrisp@dykema.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Febenz Investments LLC | represented by | Arthur Eugene McCullough McCullough & McCullough 323 E Van Buren Harlingen, TX 78551 956-423-1234 Fax: 956-423-4976 Email: gene@gmcculloughlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| JACAP LLC | represented by | Arthur Eugene McCullough (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Auction.com TERMINATED: 07/14/2023 |
represented by | Mark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Ste. 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Marcia Chapa as Substitute Trustee TERMINATED: 07/14/2023 |
represented by | Mark Douglas Cronenwett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/06/2023 | 1 | NOTICE OF REMOVAL from 107th JD Cameron County, Texas, case number 2023-DCL-01351 (Filing fee $ 402 receipt number ATXSDC-29713493) filed by Deutsche Bank National Trust Company, as Trustee for GSAMP Trust 2005-NC1. (Attachments: # 1 Exhibit Index of State Court Related Documents, # 2 Exhibit A – Copy of Docket Sheet No. 2023-DCL-01351, # 3 Exhibit A-1 Original Petition, TRO, and Temporary Injunction, # 4 Exhibit A-2 Cover Letter – Requests, # 5 Exhibit A-3 Citation by Certified Mail Issued Deutsche Bank, # 6 Exhibit A-4 Citation by Certified Mail Served Deutsche Bank, # 7 Exhibit A-5 Service Return Deutsche Bank, # 8 Exhibit A-6 Citation by Certified Mail Issued Febenz Investments LLC & JACAP LLC, # 9 Exhibit A-7 Citation by Certified Mail Febenz Investments LLC & JACAP LLC, # 10 Exhibit A-8 Service Return Febenz Investments LLC & JACAP LLC, # 11 Exhibit A-9 Citation by Certified Mail Issued Auction.com, # 12 Exhibit A-10 Citation by Certified Mail Served Auction.com, # 13 Exhibit A-11 Service Return Auction.com, # 14 Exhibit A-12 Citation by Certified Mail Issued Marcia Chapa, # 15 Exhibit A-13 Citation by Certified Mail Served Marcia Chapa, # 16 Exhibit A-14 Service Return Marcia Chapa, # 17 Exhibit A-15 Temporary Restraining Order Signed, # 18 Exhibit A-16 Precept Issued Deutsche Bank, # 19 Exhibit A-17 Precept Served Deutsche Bank, # 20 Exhibit A-18 Service Return Deutsche Bank, # 21 Exhibit A-19 Precept Issued Febenz Investments LLC & JACAP LLC, # 22 Exhibit A-20 Precept Served Febenz Investments LLC & JACAP LLC, # 23 Exhibit A-21 Service Return Febenz Investments LLC & JACAP LLC, # 24 Exhibit A-22 Precept Issued Auction.com, # 25 Exhibit A-23 Precept Served Auction.com, # 26 Exhibit A-24 Service Return Auction.com, # 27 Exhibit A-25 Precept Issued Marcia Chapa, # 28 Exhibit A-26 Precept Served Marcia Chapa, # 29 Exhibit A-27 Service Return Marcia Chapa, # 30 Exhibit A-28 Affidavit to Original Petition, TRO, and Temporary Injunction, # 31 Exhibit A-29 Exhibit A to Original Petition, TRO, and Temporary Injunction, # 32 Exhibit A-30 Exhibit A to Original Petition, TRO, and Temporary Injunction, # 33 Exhibit A-31 Exhibit B to Original Petition, TRO, and Temporary Injunction, # 34 Exhibit A-32 Certificate of Cash in Lieu of Bond, # 35 Exhibit A-33 Original Answer Febenz Investments LLC & JACAP LLC, # 36 Exhibit A-34 Exhibit A to Original Answer Febenz Investments LLC & JACAP LLC, # 37 Exhibit A-35 Proposed Order Granting Motion to Dissolve TRO Febenz Investments LLC & JACAP LLC, # 38 Exhibit A-36 Amended Original Answer and Motion to Dissolve TRO Febenz Investments LLC & JACAP LLC, # 39 Exhibit A-37 Exhibit A Amended Original Answer and Motion to Dissolve TRO Febenz Investments LLC & JACAP LLC, # 40 Exhibit A-38 Order Granting Motion to Dissolve TRO, # 41 Exhibit A-39 Original Answer and Verified Denial of Defendants Auction.com and Marcia Chapa, # 42 Exhibit B – Cameron County Appraisal District Profile, # 43 Civil Cover Sheet)(Nunnallee, Adam) (Entered: 04/06/2023) |
| 04/06/2023 | 2 | CORPORATE DISCLOSURE STATEMENT by Deutsche Bank National Trust Company, as Trustee for GSAMP Trust 2005-NC1 identifying Deutsche Bank AG as Corporate Parent, filed.(Nunnallee, Adam) (Entered: 04/06/2023) |
| 04/07/2023 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/15/2023 at 02:00 PM in Courtroom 4 before Judge Rolando Olvera(Signed by Judge Rolando Olvera) Parties notified.(SaraCelis, 1) (Entered: 04/07/2023) |
| 04/07/2023 | 4 | NOTICE of Appearance by Mckenna R. Crisp on behalf of Deutsche Bank National Trust Company, as Trustee for GSAMP Trust 2005-NC1, filed. (Rammell Crisp, McKenna) (Entered: 04/07/2023) |
| 04/07/2023 | 5 | CERTIFICATE OF INTERESTED PARTIES by Auction.com, Marcia Chapa as Substitute Trustee, filed.(Cronenwett, Mark) (Entered: 04/07/2023) |
| 04/10/2023 | 7 | NOTICE of Service of Its Disclosures by Deutsche Bank National Trust Company, as Trustee for GSAMP Trust 2005-NC1, filed. (Cronenwett, Mark) (Entered: 04/10/2023) |
| 04/13/2023 | 8 | MOTION to Dismiss 1 Notice of Removal,,,,,,,,,,,, by Deutsche Bank National Trust Company, filed. Motion Docket Date 5/4/2023. (Attachments: # 1 Proposed Order Proposed Order)(Rammell Crisp, McKenna) (Entered: 04/13/2023) |
| 05/02/2023 | 9 | MOTION to Dismiss by Auction.com, Marcia Chapa as Substitute Trustee, filed. Motion Docket Date 5/23/2023. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 05/02/2023) |
| 06/14/2023 | 10 | Mail Returned Unclaimed as to Steven Dempsey re: 6 Document(s) Sent, filed. (JenniferLongoria, 1) (Entered: 06/14/2023) |
| 07/14/2023 | 11 | ORDER granting 8 Motion to Dismiss; granting 9 Motion to Dismiss. Defendants Deutsche Bank, Auction.com, and Marcia Chapa are DISMISSED with prejudice. The Clerk of the Court is ORDERED to remove those Defendants from the docket. (Signed by Judge Rolando Olvera) Parties notified.(MaricelaPerez, 1) (Entered: 07/14/2023) |
| 07/24/2023 | 13 | Certified Mail Receipt Returned, executed on 7/21/2023 re: 12 Document(s) Sent – receipt attached, access restricted to court users for privacy reasons -, filed. (SaraCelis, 1) (Entered: 07/24/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/29/2023 19:26:33 |
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