Olivas v. Midland Mortgage, a Division of MidFirst Bank
(5:22-cv-00907)
District Court, W.D. Texas
AUG 18, 2022 | REPUBLISHED BY LIT: JAN 31, 2023
JAN 31, 2023
Foreclosure defense lawyer John Serna bails on his client again and since the show cause and response deadline passed at end of December, there was an ex parte conference (as it’s summary is not publicly posted on PACER as it should be), it’s been percolatin’ since Jan 12, 2023.
ORDER DISMISSED AS MOOT re 5 Motion to Dismiss for Failure to State a Claim filed by Midland Mortgage, a Division of MidFirst Bank, Motions terminated: This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Xavier Rodriguez. (wg) (Entered: 02/16/2023)
U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00907-XR
| Olivas v. Midland Mortgage, a Division of MidFirst Bank Assigned to: Judge Xavier Rodriguez
Cause: 28:1441 Petition for Removal – Foreclosure | Date Filed: 08/18/2022 Date Terminated: 02/16/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/31/2023 | 21 | DESIGNATION OF EXPERT WITNESSES by Midland Mortgage, a Division of MidFirst Bank. (Hopkins, Shelley) (Entered: 01/31/2023) |
| 01/31/2023 | 22 | ORDER FOR ADVISORY, the Court has not received an update regarding the settlement discussions. This Court ORDERS the parties to submit an Advisory to the Court by February 10, 2023, advising whether a settlement was reached. re 20 Status Conference held on January 12, 2023. The Clerk is DIRECTED to mail a copy of this Order to Plaintiff at: Corrine Olivas,15630 Legend Springs Drive, San Antonio, Texas, 78247. Signed by Judge Xavier Rodriguez. (wg) (Entered: 02/01/2023) |
| 02/09/2023 | 23 | ADVISORY TO THE COURT by Midland Mortgage, a Division of MidFirst Bank . (Hopkins, Shelley) (Entered: 02/09/2023) |
| 02/10/2023 | 24 | ADVISORY TO THE COURT by Corrine Olivas, Pro-se. (wg) (Entered: 02/13/2023) |
| 02/16/2023 | 25 | ORDER DISMISSED AS MOOT re 5 Motion to Dismiss for Failure to State a Claim filed by Midland Mortgage, a Division of MidFirst Bank, Motions terminated: This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Xavier Rodriguez. (wg) (Entered: 02/16/2023) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 03/11/2023 18:07:15 |
U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:22-cv-00907-XR
| Olivas v. Midland Mortgage, a Division of MidFirst Bank Assigned to: Judge Xavier Rodriguez
Cause: 28:1441 Petition for Removal – Foreclosure | Date Filed: 08/18/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Corrine Olivas | represented by | Corrine Olivas 15630 Legend Springs Drive San Antonio, TX 78247 PRO SEJohn Evaristo Serna Law Offices of John E. Serna 3010 Hillcrest Drive San Antonio, TX 78201 (210) 833-6917 Fax: 210-733-7889 TERMINATED: 09/20/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Midland Mortgage, a Division of MidFirst Bank | represented by | Robert Davis Forster , II Barrett Daffin Frappier Turner and Engel LLP 4004 Belt Line Road, Ste. 100 Addison, TX 75001 972-340-7948 Fax: 972-341-0734 Email: robertfo@bdfgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDShelley L. Hopkins Hopkins Law, PLLC 3 Lakeway Centre Ct. Suite 110 Austin, TX 78734 512-600-4320 Email: shelley@hopkinslawtexas.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/18/2022 | 1 | NOTICE OF REMOVAL by Midland Mortgage, a Division of MidFirst Bank (Filing fee $402 receipt number ATXWDC-16419165), filed by Midland Mortgage, a Division of MidFirst Bank. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement to Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Hopkins, Shelley) (Entered: 08/18/2022) |
| 08/18/2022 | 2 | Certificate of Interested Parties and Disclosure Statement by Midland Mortgage, a Division of MidFirst Bank. (Hopkins, Shelley) (Entered: 08/18/2022) |
| 08/18/2022 | 3 | STANDING ORDER CONCERNING REMOVED CASES. Signed by Judge Xavier Rodriguez. (wg) (Entered: 08/19/2022) |
| 08/25/2022 | 4 | ADVISORY TO THE COURT by Midland Mortgage, a Division of MidFirst Bank . (Hopkins, Shelley) (Entered: 08/25/2022) |
| 08/25/2022 | 5 | Motion to Dismiss for Failure to State a Claim by Midland Mortgage, a Division of MidFirst Bank. (Attachments: # 1 Proposed Order)(Hopkins, Shelley) (Entered: 08/25/2022) |
| 09/01/2022 | 6 | Order for Scheduling Recommendations/Proposed Scheduling Order. ( Scheduling Recommendations/Proposed Scheduling Order due by 10/3/2022,), Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge must be filed within (30) Thirty days of the filing of this Order. Signed by Judge Xavier Rodriguez. (wg) (Entered: 09/01/2022) |
| 09/02/2022 | 7 | PLAINTIFF’S MOTION to Withdraw as Attorney of Record by Corrine Olivas. (wg) (Entered: 09/06/2022) |
| 09/20/2022 | 8 | ORDER, that no later than October 20, 2022, Plaintiff shall either (1) file a written advisory to the Court that she intends to proceed without counsel; (2) obtain new counsel and have that counsel enter a written appearance; (3) notify the Court that she no longer wishes to prosecute this caseand move to voluntarily dismiss this case; or (4) move for additional time to comply with this Order. Failure to comply with this Order may result in dismissal of this case. The Clerk is directed to mail a copy of this Order to Corrine Olivas at 15630 Legend Springs Drive, San Antonio, Texas, 78247. re Order on Motion to Withdraw as Attorney. Signed by Judge Xavier Rodriguez. (wg) (Entered: 09/21/2022) |
| 10/03/2022 | 9 | NON-CONSENT to Trial by US Magistrate Judge by Midland Mortgage, a Division of MidFirst Bank. (Hopkins, Shelley) (Entered: 10/03/2022) |
| 10/20/2022 | 10 | CONSENT to Trial by US Magistrate Judge by Corrine Olivas. (wg) (Entered: 10/20/2022) |
| 10/20/2022 | 11 | PRO-SE ADVISORY TO THE COURT by Corrine Olivas. (wg) (Entered: 10/20/2022) |
| 10/21/2022 | 12 | ORDER TO SHOW CAUSE as to Midland Mortgage, a Division of MidFirst Bank, Corrine Olivas., ( Scheduling Recommendations/Proposed Scheduling Order due by 11/4/2022,) This Court further ORDERS Plaintiff to submit a Response, if any, to Defendants Motion to Dismiss, ECF No. 5, by November 4, 2022, or seek an extension to do so by the same date. Signed by Judge Xavier Rodriguez. (wg) (Entered: 10/21/2022) |
| 11/04/2022 | 13 | MOTION for Extension of Time to File by Corrine Olivas. (mgr) (Entered: 11/04/2022) |
| 11/07/2022 | 14 | ORDER GRANTING IN PART AND DENYING IN PART 13 Motion for Extension of Time to File Response and Proposed Scheduling Recommendations. The parties are ORDERED to meet and confer and provide the Court with schedulingrecommendations by no later than November 30, 2022. Plaintiff is DIRECTED to register for electronic filing by no later than November 17, 2022. Plaintiff is hereby ORDERED to file a Response, if any, to Defendants Motion to Dismissno later than December 7, 2022, or to request an extension to do so.The Clerk is DIRECTED to send a copy of this Order to Corrine Olivas, 15630 Legend Springs Drive, San Antonio, Texas, 78247. Signed by Judge Xavier Rodriguez. (wg) (Entered: 11/07/2022) |
| 11/30/2022 | 15 | Scheduling Recommendations by Midland Mortgage, a Division of MidFirst Bank. (Hopkins, Shelley) (Entered: 11/30/2022) |
| 12/01/2022 | 16 | SCHEDULING ORDER, ( ADR Mediation Completed by 5/15/2023,, Amended Pleadings due by 1/2/2023,, Discovery due by 4/3/2023,, Joinder of Parties due by 1/2/2023,, Dispositive Motions due by 6/15/2023,, Bench Trial set for 10/16/2023 10:30 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 10/5/2023 10:30 AM before Judge Xavier Rodriguez,) The Clerk is DIRECTED to send a copy of this Order to Corrine Olivas, 15630 Legend Springs Drive, San Antonio, Texas, 78247. Signed by Judge Xavier Rodriguez. (wg) (Entered: 12/01/2022) |
| 12/01/2022 | 17 | ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 1/12/2023 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 12/01/2022) |
| 12/06/2022 | 18 | PRO-SE MOTION for Extension of Time to File Response/Reply as to 12 Order to Show Cause,, Set/Reset Deadlines, by Corrine Olivas. (wg) (Entered: 12/06/2022) |
| 12/07/2022 | 19 | ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS re 18 MOTION for Extension of Time to File Response/Reply as to 12 Order to Show Cause,, Set/Reset Deadlines, filed by Corrine Olivas, Plaintiffs Motion is GRANTED. Plaintiff is ORDERED to file a Response, if any, to Defendants Motion to Dismiss no later than December 29, 2022. The Clerk is DIRECTED to send a copy of this Order (ECF No. 19) as well as the OrderSetting Status Conference (ECF No. 17) to Corrine Olivas, 15630 Legend Springs Drive, San Antonio, Texas, 78247.Signed by Judge Xavier Rodriguez. (wg) (Entered: 12/07/2022) |
| 01/12/2023 | 20 | Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 1/12/2023 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(wg) (Entered: 01/12/2023) |
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| Transaction Receipt | |||
| 01/31/2023 06:41:00 |
justice
