Allen et al v. Ditech Financial LLC (3:17-cv-00755), Texas Northern District Court

Allen et al v. Ditech Financial LLC

Texas Northern District Court
Judge:	A Joe Fish
Referred:	David L Horan
Case #:	3:17-cv-00755
Nature of Suit	220 Real Property - Foreclosure
Cause	28:1332 Diversity-Notice of Removal

Case Filed:	Mar 15, 2017
Terminated:	Feb 15, 2018

Last checked: Monday Sep 11, 2017 4:54 AM CDT

Defendant Ditech Financial LLC	Represented By Jason Andrew LeBoeuf Locke Lord LLP contact info Nicola M Shiels Locke Lord LLP contact info
Plaintiff Aaron Allen 3710 Queenswood Place Garland, TX 75040
Plaintiff Lori Allen 3710 Queenswood Place Garland, TX 75040

GPO Dec 22 2017
ech without prejudice. The Court should grant the Allens 21 days from the date of any order adopting these Findings, Conclusions, and Recommendation in which to file an amended complaint consistent with this recommendation and the conclusions aFINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendant Ditech's Motion to Dismiss [Dkt. No. 11] and dismiss Plaintiffs Aaron Allen and Lori Allen's claims against Defendant Ditnd findings above and should order that, if the Allens fail to do so, their claims against Defendant Ditech will be dismissed with prejudice without further notice. (Ordered by Magistrate Judge David L. Horan on 12/22/2017) (chmb) (Main Document 13 replaced on 12/22/2017) (mcrd).

GPO Jan 16 2018
ORDER ACCEPTING 13 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court hereby GRANTS defendant Ditech Financial, LLC's motion to dismiss (docket entry 11) and DISMISSES plaintiffs Aaron Allen and Lori Allen's claims against defendant Ditech Financial, LLC without prejudice. Plaintiffs Aaron Allen and Lori Allen are granted 21 days from the date of this order in which to file an amended complaint consistent with magistrate judge's findings and recommendation. If plaintiffs fail to do so, their claims against defendant Ditech Financial, LLC will be dismissed with prejudice without further notice. (Ordered by Senior Judge A. Joe Fish on 1/16/2018) (sss)

Docket last updated: 64 minutes ago

Thursday, February 15, 2018
16		16 order Judgment Thu 02/15 9:54 AM JUDGMENT: It is ORDERED that the plaintiffs take nothing from the defendant on their claims in this case and that the defendant recover its costs of court. (Ordered by Senior Judge A. Joe Fish on 2/15/2018) (sss) Related: [-]
		misc Order Receipt Thu 02/15 9:54 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:15,16. Thu Feb 15 09:54:33 CST 2018 (crt) Related: [-]
Wednesday, February 14, 2018
15		15 2 pgs order Order of Dismissal or Administrative Closure Thu 02/15 9:52 AM ORDER OF DISMISSAL: Because the plaintiffs failed to take advantage of the opportunity to amend their complaint, the plaintiffs' claims are therefore DISMISSED with prejudice. (Ordered by Senior Judge A. Joe Fish on 2/14/2018) (sss) Related: [-]
Tuesday, January 16, 2018
14		14 2 pgs order Order Accepting/Adopting Findings and Recommendations Tue 01/16 1:46 PM ORDER ACCEPTING13 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court hereby GRANTS defendant Ditech Financial, LLC's motion to dismiss (docket entry11 ) and DISMISSES plaintiffs Aaron Allen and Lori Allen's claims against defendant Ditech Financial, LLC without prejudice. Plaintiffs Aaron Allen and Lori Allen are granted 21 days from the date of this order in which to file an amended complaint consistent with magistrate judge's findings and recommendation. If plaintiffs fail to do so, their claims against defendant Ditech Financial, LLC will be dismissed with prejudice without further notice. (Ordered by Senior Judge A. Joe Fish on 1/16/2018) (sss) Related: [-]
		misc Order Receipt Tue 01/16 1:46 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Tue Jan 16 13:46:23 CST 2018 (crt) Related: [-]
Friday, December 22, 2017
13		13 motion Findings and Recommendations Fri 12/22 10:43 AM FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Defendant Ditech's Motion to Dismiss [Dkt. No.11 ] and dismiss Plaintiffs Aaron Allen and Lori Allen's claims against Defendant Ditech without prejudice. (Ordered by Magistrate Judge David L. Horan on 12/22/2017) (chmb) (Main Document 13 replaced on 12/22/2017) (mcrd) Related: [-]
		misc Order Receipt Fri 12/22 11:15 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Fri Dec 22 11:15:38 CST 2017 (crt) Related: [-]
Tuesday, October 17, 2017
12		12 5 pgs order Order Setting Deadline/Hearing Tue 10/17 3:08 PM ORDER SETTING BRIEFING SCHEDULE: Defendant Ditech Financial, LLC has moved to dismiss, under Federal Rule of Civil Procedure 12(b)(6), claims asserted against it by Plaintiffs Aaron and Lori Allen. See Dkt. No.11 . Plaintiffs must file a written response to the motion to dismiss by November 16, 2017. Defendant may file a reply brief, but no additional documents, by December 1, 2017. (Ordered by Magistrate Judge David L. Horan on 10/17/2017) (mcrd) Related: [-]
11		11 motion Dismiss Tue 10/17 12:18 PM MOTION to Dismiss and Brief in Support filed by Ditech Financial LLC with Brief/Memorandum in Support. (LeBoeuf, Jason) Related: [-]
		Att: 1 Proposed Order
		misc Order Receipt Tue 10/17 3:09 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No: 12. Tue Oct 17 15:09:09 CDT 2017 (crt) Related: [-]
Wednesday, April 19, 2017
10		10 order Scheduling Order Wed 04/19 12:25 PM INITIAL SCHEDULING ORDER: Joinder of Parties due by 5/30/2017. Amended Pleadings due by 6/9/2017. Discovery due by 11/30/2017. Deadline for mediation is on or before 1/31/2018. Motions due by 2/8/2018. (Ordered by Magistrate Judge David L. Horan on 4/19/2017) (mcrd) Related: [-]
9		9 minutes Hearing Not Held Wed 04/19 12:04 PM ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L. Horan: Scheduling Conference Hearing not held on 4/19/2017. Pro se Plaintiffs did not appear. Order to enter. Attorney Appearances: Plaintiff - N/A; Defense - Jason Andrew LeBoeuf. (Court Reporter: Digital File) (No exhibits) Time in Court - :01. (mcrd) Related: [-]
		misc Order Receipt Wed 04/19 12:26 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Wed Apr 19 12:26:17 CDT 2017 (crt) Related: [-]
		misc Order Receipt Wed 04/19 1:09 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Wed Apr 19 13:09:21 CDT 2017 (crt) Related: [-]
Thursday, April 13, 2017
8		8 misc Proposed Scheduling and Discovery Order Thu 04/13 5:18 PM Proposal for contents of scheduling and discovery order [Joint Rule 26(f) Report] by Ditech Financial LLC. (LeBoeuf, Jason) Related: [-]
Thursday, March 16, 2017
7		7 order Order Thu 03/16 11:15 AM STANDING ORDER ON NON-DISPOSITIVE MOTIONS: This order governs the filing and disposition of all discovery-related motions, pleading disputes, and other non-dispositive motions in this case. (Ordered by Magistrate Judge David L. Horan on 3/16/2017) (epm) Related: [-]
6		6 order Order Setting Deadline/Hearing Thu 03/16 11:12 AM ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE: Plaintiffs and Defendant's counsel must confer in person not later than 3/30/2017. By 4/13/2017 the parties must submit a joint written Rule 26(f) report containing a proposed discovery plan. (Ordered by Magistrate Judge David L. Horan on 3/16/2017) (epm) Related: [-]
		misc Order Receipt Thu 03/16 11:15 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Thu Mar 16 11:15:35 CDT 2017 (crt) Related: [-]
		utility Modify Hearings/Deadlines Mon 04/10 10:47 AM Hearing/Deadline Modification: Deadlines/hearings set per6 ORDER REQUIRING 26(F) REPORT AND SETTING 16(B) CONFERENCE. Pretrial Scheduling Conference set for 4/19/2017 10:00 AM before Magistrate Judge David L. Horan. (mcrd) Related: [-]
Wednesday, March 15, 2017
5		5 notice Notice and Instruction to Pro Se Party Wed 03/15 4:24 PM Notice and Instruction to Pro Se Party. (epm) Related: [-]
4		4 qcref Fish Wed 03/15 4:23 PM New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (epm) Related: [-]
3		3 misc Certificate Of Interested Persons/Disclosure Statement Wed 03/15 3:22 PM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ditech Financial LLC identifying Corporate Parent/Other Affiliate Walter Investment Management Corp. for Ditech Financial LLC. (LeBoeuf, Jason) Related: [-]
2		2 misc Certificate Of Interested Persons/Disclosure Statement Wed 03/15 3:20 PM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ditech Financial LLC. (LeBoeuf, Jason) Related: [-]
1		1 notice Notice of Removal Wed 03/15 3:17 PM NOTICE OF REMOVAL from 192nd District Court of Dallas County, case number DC 17-01493 filed by Ditech Financial LLC. (Filing fee $400; receipt number 0539-8277985) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (LeBoeuf, Jason) Related: [-]
		Att: 1 Exhibit(s) A (index of exhibits),
		Att: 2 Cover Sheet Exhibit B,
		Att: 3 Cover Sheet Supplement Exhibit C,
		Att: 4 Exhibit(s) D (state court docket),
		Att: 5 Exhibit(s) E (original petition),
		Att: 6 Exhibit(s) F (civil case info sheet),
		Att: 7 Exhibit(s) G (citation),
		Att: 8 Exhibit(s) H (order of transfer),
		Att: 9 Exhibit(s) I (return of citation),
		Att: 10 Exhibit(s) J (original answer),
		Att: 11 Exhibit(s) K (court correspondence),
		Att: 12 Exhibit(s) L (pre-trial order),
		Att: 13 Exhibit(s) M (Dallas Central Appraisal District valuation)
		misc Order Receipt Wed 03/15 4:24 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Wed Mar 15 16:24:30 CDT 2017 (crt) Modified on 3/15/2017 (epm) Related: [-]

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