By
Posted on
Nesbitt v. Wells Fargo Bank, N.A.
(4:22-cv-01479)
District Court, S.D. Texas
MAY 9, 2022 | REPUBLISHED BY LIT: MAY 12, 2022
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01479
| Nesbitt v. Wells Fargo Bank, N.A. Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 05/09/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/16/2022 | 21 | AMENDED COMPLAINT against Wells Fargo Bank, N.A., Select Portfolio Servicing, Jelinis LLC filed by Mishie A Nesbitt.(jdav, 4) (Entered: 08/16/2022) |
| 08/19/2022 | 22 | ANSWER to 21 Amended Complaint/Counterclaim/Crossclaim etc. by Select Portfolio Servicing, Wells Fargo Bank, N.A., filed.(Hord, Michael) (Entered: 08/19/2022) |
| 09/30/2022 | 23 | MOTION for Summary Judgment Motions referred to Christina A Bryan. by Select Portfolio Servicing, Wells Fargo Bank, N.A., filed. Motion Docket Date 10/21/2022. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 1-G, # 9 Exhibit 1-H, # 10 Exhibit 1-I, # 11 Exhibit 1-J, # 12 Exhibit 1-K, # 13 Exhibit 1-L, # 14 Exhibit 1-M, # 15 Proposed Order)(Hord, Michael) (Entered: 09/30/2022) |
| 10/04/2022 | 24 | ANSWER to 21 Amended Complaint/Counterclaim/Crossclaim etc. by Jelinis LLC, filed.(Burger, John) (Entered: 10/04/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/09/2022 21:50:47 |
ORDER re: The emergency application by pro se Plaintiff Mishie A. Nesbitt seeking a temporary restraining order against Defendant Wells Fargo Bank NA is denied.
Dkt 17.
(Signed by Judge Charles Eskridge)
Parties notified.
(JosephWells, 4) (Entered: 08/01/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01479
| Nesbitt v. Wells Fargo Bank, N.A. Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 05/09/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/29/2022 | 17 | MOTION for Emergency Ex Parte Temporary Restraining Order, MOTION for Hearing on Preliminary Injunction ( Motion Docket Date 8/19/2022.)Motions referred to Christina A Bryan. by Mishie A Nesbitt, filed. (JacquelineMata, 4) (Entered: 07/29/2022) |
| 08/01/2022 | 18 | OBJECTIONS to 17 MOTION for Temporary Restraining Order MOTION for on Preliminary Injunction Hearing , filed by Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 1-G, # 9 Exhibit 1-H, # 10 Exhibit 1-I, # 11 Exhibit 1-J, # 12 Exhibit 1-K)(Hord, Michael) (Entered: 08/01/2022) |
| 08/01/2022 | 19 | PROPOSED ORDER re: 17 MOTION for Temporary Restraining Order MOTION for on Preliminary Injunction Hearing, filed.(thanniable, 4) (Entered: 08/01/2022) |
| 08/01/2022 | 20 | ORDER re: The emergency application by pro se Plaintiff Mishie A. Nesbitt seeking a temporary restraining order against Defendant Wells Fargo Bank NA is denied. Dkt 17. (Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4) (Entered: 08/01/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/02/2022 07:21:53 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01479
| Nesbitt v. Wells Fargo Bank, N.A. Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 05/09/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/29/2022 | 17 | MOTION for Emergency Ex Parte Temporary Restraining Order, MOTION for Hearing on Preliminary Injunction ( Motion Docket Date 8/19/2022.)Motions referred to Christina A Bryan. by Mishie A Nesbitt, filed. (JacquelineMata, 4) (Entered: 07/29/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/30/2022 22:02:39 |
Notice of Non-consent to proceed before United States Magistrate Judge by Wells Fargo Bank, N.A., filed.
(Hord, Michael) (Entered: 05/19/2022)
+++
So what happened on Jun 15? Nothin’ on the Docket.
NOTICE of Resetting. Parties notified.
Initial Conference reset for 6/15/2022 at 10:30 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed.
TIME CHANGE ONLY
(MelissaMorgan, 4) (Entered: 06/02/2022)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01479
| Nesbitt v. Wells Fargo Bank, N.A. Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Christina A Bryan
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 05/09/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Mishie A Nesbitt | represented by | Mishie A Nesbitt 3223 Village Pond Lane Fresno, TX 77545 PRO SE |
| V. | ||
| Defendant | ||
| Wells Fargo Bank, N.A. as Trustee, on Behalf of the Registered Holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-FFH1 |
represented by | Michael F Hord , Jr Hirsch Westheimer PC 1415 Louisiana 36th Floor Houston, TX 77002-2772 713-220-9182 Fax: 713-223-9319 Email: mhord@hirschwest.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMichael J Durrschmidt Hirsch & Westheimer PC 1415 Louisiana 36th Floor Houston, TX 77002 713-220-9165 Fax: 713-223-9319 Email: mdurrschmidt@hirschwest.com TERMINATED: 05/19/2022 |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/09/2022 | 1 |
NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-28144702) filed by Wells Fargo Bank, N.A. as Trustee, on Behalf of the Registered Holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-FFH1. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit D, # 9 Civil Cover Sheet)(Hord, Michael) (Entered: 05/09/2022) |
| 05/10/2022 | 2 | NOTICE in a Removed or Transferred Case (Signed by Judge Lynn N Hughes) Parties notified.(BrandisIsom, 4) (Entered: 05/10/2022) |
| 05/11/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by Wells Fargo Bank, N.A., filed.(Hord, Michael) (Entered: 05/11/2022) |
| 05/11/2022 | 4 | ORDER OF RECUSAL. Judge Lynn N Hughes recused. Case reassigned to Judge Charles Eskridge for all further proceedings. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 05/11/2022) |
| 05/18/2022 | 5 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/15/2022 at 11:15 AM in Courtroom 701 before Magistrate Judge Christina A Bryan(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4) (Entered: 05/18/2022) |
| 05/18/2022 | 6 | Order in Removed Case. Statement due within ten days.(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4) (Entered: 05/18/2022) |
| 05/18/2022 | 7 | SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 08/16/2022. Joinder of Parties due by 07/15/2022. Plaintiff Expert Report due by 02/14/2023. Deft Expert Report due by 03/16/2023. Discovery due by 05/02/2023. Mediation due by 07/18/2023. Dispositive Motion Filing due by 06/01/2023. Non-Dispositive Motion Filing due by 06/01/2023. Joint Pretrial Order due by 08/17/2023. Docket Call set for 09/19/2023 at 9:30 AM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (MelissaMorgan) (Entered: 5/18/2022) (Entered: 05/18/2022) |
| 05/18/2022 | 8 | ORDER REFERRING CASE to Magistrate Judge Christina A Bryan(Signed by Judge Charles Eskridge) Parties notified.(MelissaMorgan, 4) (Entered: 05/18/2022) |
| 05/19/2022 | 9 | STATEMENT OF INFORMATION IN REMOVED ACTION by Wells Fargo Bank, N.A., filed.(Durrschmidt, Michael) (Entered: 05/19/2022) |
| 05/19/2022 | 10 | CERTIFICATE OF SERVICE IN A REMOVED ACTION by Wells Fargo Bank, N.A., CERTIFICATE OF SERVICE by Wells Fargo Bank, N.A., filed.(Hord, Michael) (Entered: 05/19/2022) |
| 05/19/2022 | 11 | Notice of Non-consent to proceed before United States Magistrate Judge by Wells Fargo Bank, N.A., filed.(Hord, Michael) (Entered: 05/19/2022) |
| 05/31/2022 | 12 | CERTIFICATE OF INTERESTED PARTIES by Mishie A. Nesbitt, filed.(thanniable, 4) (Entered: 05/31/2022) |
| 06/01/2022 | 13 | Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Wells Fargo Bank, N.A., filed.(Hord, Michael) (Entered: 06/01/2022) |
| 06/01/2022 | 14 | CERTIFICATE OF INTERESTED PARTIES by Mishie A. Nesbitt, filed.(JacquelineMata, 4) (Entered: 06/01/2022) |
| 06/02/2022 | 15 | NOTICE of Resetting. Parties notified. Initial Conference reset for 6/15/2022 at 10:30 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. TIME CHANGE ONLY (MelissaMorgan, 4) (Entered: 06/02/2022) |
| 06/10/2022 | 16 | INITIAL DISCLOSURES by Mishie A Nesbitt, filed.(JacquelineMata, 4) (Entered: 06/10/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/26/2022 07:38:29 |
ORDER OF RECUSAL.
Judge Lynn N Hughes recused. Case reassigned to Judge Charles Eskridge for all further proceedings.
(Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 05/11/2022)
Magistrate Judge Christina Bryan Dismisses Pro Se With Prejudice and Without Leave to Amend
A premature motion to dismiss was filed by Kasey Davis 3 days after removal from state court. The M and R issued in 55 days.
4704 Schlipf Road is Back in Houston Federal Court, or should that be 4707?
4707 Schlipf Rd, Katy, TX 77493
Sanctioned Lawyer Ray L. Shackelford’s Repeat Frivolous Filings and Perjury Is Fine, Sayeth Courts
Ray Shackelford fails to disclose his relationship with buyer McQueen, the property will not cover the debt due, or his past litigation.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01479
Create an Alert for This Case on RECAP
| Nesbitt v. Wells Fargo Bank, N.A. Assigned to: Judge Charles Eskridge
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 05/09/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Mishie A Nesbitt | represented by | Mishie A Nesbitt 3223 Village Pond Lane Fresno, TX 77545 PRO SE |
| V. | ||
| Defendant | ||
| Wells Fargo Bank, N.A. as Trustee, on Behalf of the Registered Holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-FFH1 |
represented by | Michael F Hord , Jr Hirsch Westheimer PC 1415 Louisiana 36th Floor Houston, TX 77002-2772 713-220-9182 Fax: 713-223-9319 Email: mhord@hirschwest.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/09/2022 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-28144702) filed by Wells Fargo Bank, N.A. as Trustee, on Behalf of the Registered Holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-FFH1. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit D, # 9 Civil Cover Sheet)(Hord, Michael) (Entered: 05/09/2022) |
| 05/10/2022 | 2 | NOTICE in a Removed or Transferred Case (Signed by Judge Lynn N Hughes) Parties notified.(BrandisIsom, 4) (Entered: 05/10/2022) |
| 05/11/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by Wells Fargo Bank, N.A., filed.(Hord, Michael) (Entered: 05/11/2022) |
| 05/11/2022 | 4 | ORDER OF RECUSAL. Judge Lynn N Hughes recused. Case reassigned to Judge Charles Eskridge for all further proceedings. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 05/11/2022) |
