LIT UPDATE (Oct. 20, 2023)
It has taken “Mayor” and Judge, Jeff Brown of Galveston Federal Court, 6 months to enter an order of dismissal with prejudice in this questionable case.
Johnston v. U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust
(3:22-cv-00286)
District Court, S.D. Texas, Judge Jeff Brown, Galveson
AUG 11, 2022 | REPUBLISHED BY LIT: SEP 12, 2022
DISMISSAL STIPULATION WITH PREJUDICE
Kerry Christine Johnston (who you kiddin’ Bhagia, not LIT, for sure) and U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust (U.S. Bank) stipulate to the dismissal of Ms. Johnston’s claims against U.S. Bank with prejudice. R. 41.(a)(1)(A)(ii).
This stipulation disposes of all claims against all parties in this litigation and all court costs should be borne by the party incurring the same.
This stipulation further resolves the litigation referenced by the lis pendens recorded at 2022040563 (state court lis pendens) and the lis pendens recorded at 2022053434 (federal court lis pendens) in Galveston County, Texas deed records.
Date: April 10, 2023
Respectfully submitted,
/s/ Sheroo Bhagia
Sheroo Bhagia Bhagia Law Firm
2622 Carlow Drive
Austin, TX 77450
Telephone: 415.602.5824
Facsimile: 866.306.1477 sbhagia@bhagialawfirm.com
ATTORNEY FOR KERRY JOHNSTON
-and-
/s/ Melanie Morgan
Melanie Morgan, SBN: 24039096
Attorney-in-Charge
R. Martin Dungan, SBN: 24099021
AKERMAN LLP
2001 Ross Avenue, Suite 3600
Dallas, Texas 75201
Telephone: 214.720.4300
Facsimile: 214.981.9339
melanie.morgan@akerman.com
martin.dungan@akerman.com
ATTORNEYS FOR US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST
CERTIFICATE OF SERVICE
A true and correct copy of this document was served on April 10, 2023 as follows:
VIA CM/ECF
Sheroo Bhagia Bhagia Law Firm
2622 Carlow Drive
Austin, Texas 78745
sbhagia@bhagialawfirm.com
Plaintiff’s Counsel
/s/ Melanie Morgan
Melanie Morgan
Melanie D Morgan, All the Way from Vegas (Akerman lost most of it's Texas Staff recently)
Martin Dungan (Dallas)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00286
| Johnston v. U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 08/11/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/15/2022 | 14 | REPLY in Support of 8 MOTION to Vacate, filed by U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust. (Townsend, C) (Entered: 09/15/2022) |
| 12/07/2022 | 15 | First CERTIFICATE OF INTERESTED PARTIES by Kerry Christine Johnston, filed.(Bhagia, Sheroo) (Entered: 12/07/2022) |
| 12/07/2022 | 16 | Amended CERTIFICATE OF INTERESTED PARTIES by Kerry Christine Johnston, filed.(Bhagia, Sheroo) (Entered: 12/07/2022) |
| 12/07/2022 | 17 | NOTICE of Appearance by Walter McInnis on behalf of U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust, filed. (McInnis, Walter) (Entered: 12/07/2022) |
| 12/07/2022 | 18 | MEMORANDUM OPINION AND ORDER granting 8 MOTION to Vacate (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 12/07/2022) |
| 12/07/2022 | 19 | DOCKET CONTROL ORDER. Pltf Expert Witness List due by 4/7/2023. Pltf Expert Report due by 4/7/2023. Deft Expert Witness List due by 5/5/2023. Deft Expert Report due by 5/5/2023. Discovery due by 7/21/2023. Dispositive Motion Filing due by 7/28/2023. Non-Dispositive Motion Filing due by 9/15/2023. Exchange Pretrial Materials due by 11/3/2023. Docket Call set for 11/17/2023 at 09:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3) (Entered: 12/08/2022) |
| 01/26/2023 | 20 | NOTICE of Appearance by Melanie Morgan and Martin Dungan on behalf of U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust, filed. (Morgan, Melanie) (Entered: 01/26/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/27/2023 19:50:20 |
No movement since Sep. 15, 2022
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Galveston)
CIVIL DOCKET FOR CASE #: 3:22-cv-00286
Create an Alert for This Case on RECAP
| Johnston v. U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust Assigned to: Judge Jeffrey V Brown
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 08/11/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Kerry Christine Johnston | represented by | Sheroo Bhagia 2622 Carlow Drive Austin, TX 77450 415-602-5824 Fax: 866-306-1477 Email: sbhagia@bhagialawfirm.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust | represented by | C Charles Townsend Akerman LLP 2001 Ross Ave Ste 3600 Dallas, TX 75201 214-720-4300 Email: charles.townsend@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Ste. 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com TERMINATED: 08/31/2022 ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/11/2022 | 1 | NOTICE OF REMOVAL from 10th Judicial District of Galveston County, Texas, case number 22-CV-1057 (Filing fee $ 402 receipt number ATXSDC-28603711) filed by U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 08/11/2022) |
| 08/11/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust, filed.(Cronenwett, Mark) (Entered: 08/11/2022) |
| 08/12/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/7/2022 at 09:00 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(CynthiaBenavides, 3) (Entered: 08/12/2022) |
| 08/16/2022 | 4 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 08/16/2022) |
| 08/16/2022 | 5 | PROTECTIVE ORDER (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 08/16/2022) |
| 08/17/2022 | 6 | MOTION for Sheroo Bhagia to Appear Pro Hac Vice by Kerry Christine Johnston, filed. Motion Docket Date 9/7/2022. (Bhagia, Sheroo) (Entered: 08/17/2022) |
| 08/18/2022 | 7 | ORDER granting 6 Motion for Sheroo Bhagia to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 08/18/2022) |
| 08/18/2022 | 8 | MOTION to Vacate by U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust, filed. Motion Docket Date 9/8/2022. (Attachments: # 1 Proposed Order)(Cronenwett, Mark) (Entered: 08/18/2022) |
| 08/30/2022 | 9 | Unopposed MOTION to Substitute Attorney C. Charles Townsend and Alfredo Ramos in place of Mark D. Cronenwett by U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust, filed. Motion Docket Date 9/20/2022. (Attachments: # 1 Proposed Order)(Townsend, C) (Entered: 08/30/2022) |
| 08/31/2022 | 10 | ORDER granting 9 Motion to Substitute Attorney Attorney Mark Douglas Cronenwett terminated.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 08/31/2022) |
| 09/08/2022 | 11 | First RESPONSE in Opposition to 8 MOTION to Vacate, filed by Kerry Christine Johnston. (Attachments: # 1 Proposed Order)(Bhagia, Sheroo) (Entered: 09/08/2022) |
| 09/09/2022 | 12 | Joint MOTION for Extension of Time To Comply with Residential Mortgage Discovery Protocols by U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust, filed. Motion Docket Date 9/30/2022. (Attachments: # 1 Proposed Order)(Townsend, C) (Entered: 09/09/2022) |
| 09/12/2022 | 13 | ORDER granting 12 Motion for Extension of Time; Motion-related deadline set re: 12 Joint MOTION for Extension of Time To Comply with Residential Mortgage Discovery Protocols..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 09/12/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/12/2022 19:00:13 |
NOTICE OF REMOVAL
Property at Risk : 2214 Mission Street Kemah Texas 77565 (Value: $533k)
SUMMARY
1. On or about June 13, 2022, Plaintiff Kerry Christine Johnston (“Johnston” or “Plaintiff”) filed her Original Petition and Request for Disclosures (the “Petition”) bearing Cause No. 22-DCV-1057 in the 10th Judicial District Court of Galveston County, Texas, in the matter styled Kerry Christine Johnston v. U.S. Bank Trust National Association, not in its Individual Capacity but Solely as Owner Trustee for VRMTG Asset Trust. (the “State Court Action”).
2. The allegations in the Petition relate to foreclosure proceedings on Plaintiffs’ real property and improvements located at 2214 Mission Street, Kemah, Texas 77565 (the “Property”).1 (See Petition at ¶ 7.)
In the Petition, Plaintiff alleges that Defendant wrongfully foreclosed on her home without providing her any type of notice. (See Petition at ¶ 13.)
Plaintiff asserted claims against Defendant U.S. Bank for wrongful foreclosure, breach of contract, and declaratory judgment that the foreclosure sale was wrongful because Defendant violated the notice sale and notice default statute (See Petition at ¶¶ 15-42).
Plaintiff also seeks actual and exemplary damages, attorneys’ fees, cost of court, and pre-judgment and post-judgment interest. (See id. at Prayer.)
3. The citation issued for Plaintiff’s Original Petition was issued on June 14, 2022. (See Exhibits B, B-2)
The citation did not properly identify Defendant in their capacity as trustee. but instead identified them only as “U.S. Bank Trust National Association”. (See id.)
On July 25, 2022, Plaintiff filed a motion for default judgment against Defendant based on Defendant’s failure to answer. (See Exhibits B, B-3)
On July 28, 2022, the Court entered a Final Default Judgment setting aside the foreclosure sale. (See Exhibits B, B-4)
4. A true and correct copy of the Docket Sheet from the State Court Action is attached hereto as Exhibit A. In accordance with 28 U.S.C. Section 1446(a), copies of all process, pleadings, and orders served in the State Court Action, including the Petition, are attached hereto within the contents of Exhibit B.
5. This Notice of Removal is timely because thirty (30) days have not expired since Defendant appeared in this action, making removal proper in accordance with 28 U.S.C. Section 1446(b).
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