Burke v Ocwen COA

Burke Case Documents

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Case Query

 

19-20267 Joanna Burke, et al v. Ocwen Loan Servicing, L.L.C.

 

Associated Case Short Title Type Start End Status

 

Originating Case Lead Case Filed Execution Date Judgment NOA Originating Judge Court Reporter
4:18-CV-4544 12/03/2018 04/18/2019 Mathis, Ebonee S.
4:18-CV-4544 12/03/2018 04/18/2019 Hittner, David

 

Party Party Type Terminated from Case Attorney
Burke, Joanna Plaintiff-Appellant
Burke, John Plaintiff-Appellant
Ocwen Loan Servicing, L.L.C. Defendant-Appellee Hopkins,Shelley Luan
Hopkins,Mark D.

 

Attorney Party Type(s) Represented Representation End
Hopkins, Mark D. Defendant-Appellee
Hopkins, Shelley Luan Defendant-Appellee

 

PACER Service Center
Transaction Receipt
5th Circuit – Appellate – 11/16/2019 12:27:04
PACER Login: alsation123 Client Code:  
Description: Case Query Search Criteria: 19-20267
Billable Pages: 1 Cost: 0.10
General Docket
United States Court of Appeals for the Fifth Circuit
Court of Appeals Docket #: 19-20267 Docketed: 04/22/2019
Nature of Suit: 3220 Foreclosure
Joanna Burke, et al v. Ocwen Loan Servicing, L.L.C.
Appeal From: Southern District of Texas, Houston
Fee Status: Fee Paid
Case Type Information:
     1) Private Civil Federal
     2) Private
     3)
Originating Court Information:
     District: 0541-4 : 4:18-CV-4544
     Court Reporter: Ebonee S. Mathis, Court Reporter
     Originating Judge: David Hittner, U.S. District Judge
     Date Filed: 12/03/2018
     Date NOA Filed:      Date Rec’d COA:
     04/18/2019      04/18/2019

10/27/2019 Open Document OPPOSED MOTION filed by Appellant Mr. John Burke for leave to file a supplement to Response/Opposition [9176007-2], Letter [9146872-2] [9176432-2], to supplement the record on appeal with two exhibits as uploaded here [9176432-3] and INCORPORATED RESPONSE to the Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9106497-2] Date of service: 10/27/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 10/27/2019 07:19 PM]
10/28/2019 Open Document REPLY filed by Appellants Ms. Joanna Burke and Mr. John Burke [9176855-1] to the Response/Opposition filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 [9176007-2]. Date of Service: 10/27/2019. [19-20267] (INCORPORATED IN MOTION TO SUPPLEMENT THE RECORD) (DMS) [Entered: 10/28/2019 11:24 AM]
10/28/2019 Open Document COURT ORDER denying Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9148078-2]; denying Motion to suspend briefing notice filed by Appellant Mr. John Burke [9148078-3] [19-20267] (AS) [Entered: 10/28/2019 12:29 PM]
10/28/2019 Open Document CLERK ORDER denying appellant’s opposed Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9176432-3] [19-20267] (DMS) [Entered: 10/28/2019 02:01 PM]
11/07/2019 Open Document OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 10/28/2019 [9185202-2]. Date of service: 11/07/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 11/07/2019 11:07 AM]
11/10/2019 Open Document OPPOSED MOTION filed by Appellant Ms. Joanna Burke for reconsideration of the 10/28/2019 clerk order denying Motion to supplement the record on appeal filed by Appellants in 19-20267 [9176432-3] [9186922-2]. Date of service: 11/10/2019 [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke for reconsideration of the Order dated 10/28/2019 [9186922-2]. Date of service: 11/10/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 11/10/2019 01:42 PM]
11/13/2019 Open Document COURT ORDER – A member of this panel previously denied appellants’ opposed motion to stay case in Fifth Circuit awaiting a final rule or adjudication on the constitutional challenges. The panel has considered appellants’ motion for reconsideration. IT IS ORDERED that the motion is DENIED.
[9185202-2] [19-20267] (JMW) [Entered: 11/13/2019 03:10 PM]
11/13/2019 Open Document DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion entitled, “Appellants motion for reconsideration RE Constitutional Challenges” received from Appellants Ms. Joanna Burke and Mr. John Burke in light of the 11/13/19 court order already denying a motion for reconsideration, as to that prior motion [19-20267] (JMW) [Entered: 11/15/2019 09:26 AM]
11/14/2019 Open Document DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the entitled, “Appellants notice regarding attorney general Barr’s constitutional…..”, which was filed as a motion for clarification of an order dated 11/13/19, received from Appellants Ms. Joanna Burke and Mr. John Burke because the document is not requesting any relief. It indicates it is a “notice”. The event will be deleted. [19-20267] (JMW) [Entered: 11/15/2019 10:38 AM]
11/15/2019 Open Document COURT ORDER – IT IS ORDERED that appellant’s opposed motion to stay the case until the matter of the CFPB’s Constitutionality is answered by the United States Supreme Court is DENIED AS MOOT. IT IS FURTHER ORDERED that appellants’ opposed alternative request to stay the case for period of no less than nine (9) months, (which equates to the anticipated timeline for a decision in the Selia Law case before the United States Supreme Court) is DENIED AS MOOT. [9170890-2]; [9170890-3] [19-20267] (JMW) [Entered: 11/15/2019 09:06 AM]

 

 

PACER Service Center
Transaction Receipt
5th Circuit – Appellate – 11/16/2019 12:29:35
PACER Login: alsation123 Client Code:  
Description: Case Summary Search Criteria: 19-20267
Billable Pages: 1 Cost: 0.10
General Docket
United States Court of Appeals for the Fifth Circuit
Court of Appeals Docket #: 19-20267 Docketed: 04/22/2019
Nature of Suit: 3220 Foreclosure
Joanna Burke, et al v. Ocwen Loan Servicing, L.L.C.
Appeal From: Southern District of Texas, Houston
Fee Status: Fee Paid
Case Type Information:
     1) Private Civil Federal
     2) Private
     3)
Panel Assignment:      Not available

JOANNA BURKE; JOHN BURKE,

Plaintiffs – Appellants

v.

OCWEN LOAN SERVICING, L.L.C.,

Defendant – Appellee

04/22/2019  Open Document
3 pg, 74.67 KB		 PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellants Ms. Joanna Burke and Mr. John Burke [19-20267] (CSG) [Entered: 04/22/2019 01:34 PM]
04/22/2019  Open Document
1 pg, 127.77 KB		 COURT REPORTER ACKNOWLEDGMENT received from Ebonee Mathis. [19-20267] (Ebonee S. Mathis ) [Entered: 04/22/2019 02:54 PM]
05/02/2019 FEE PAID by Appellants Ms. Joanna Burke and Mr. John Burke. [19-20267] (CSG) [Entered: 05/02/2019 02:14 PM]
05/02/2019  Open Document
4 pg, 208.46 KB		 INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9043617-2] Initial AA Check Due satisfied.. Transcript order due on 05/17/2019 for Appellants Joanna Burke and John Burke [19-20267] (CSG) [Entered: 05/02/2019 02:20 PM]
05/03/2019  Open Document
1 pg, 59.74 KB		 APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [19-20267] (Mark D. Hopkins ) [Entered: 05/03/2019 11:23 AM]
05/03/2019  Open Document
1 pg, 59.95 KB		 APPEARANCE FORM received from Ms. Shelley Luan Hopkins for Ocwen Loan Servicing, L.L.C. for the court’s review. Lead Counsel? No. [19-20267] (Shelley Luan Hopkins ) [Entered: 05/03/2019 11:26 AM]
05/03/2019 APPEARANCE FORM FILED by Attorney Shelley Luan Hopkins for Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 [19-20267] (DMS) [Entered: 05/03/2019 02:59 PM]
05/03/2019 APPEARANCE FORM FILED by Attorney(s) Mark D. Hopkins for party(s) Appellee Ocwen Loan Servicing, L.L.C., in case 19-20267 [19-20267] (DMS) [Entered: 05/03/2019 03:00 PM]
05/08/2019  Open Document
7 pg, 211.67 KB		 MOTION filed by Appellants Ms. Joanna Burke and Mr. John Burke for leave to file electronically as a pro se party [9048328-2]. Date of service: 05/06/2019 Document is insufficient for the following reasons: Did not conference with the opposing side and the motion does not have a certificate of compliance. Sufficient Mtn/Resp/Reply due on 05/20/2019 for Appellants Joanna Burke and John Burke [19-20267] (DMS) [Entered: 05/08/2019 03:10 PM]
05/08/2019  Open Restricted Document
6 pg, 155.52 KB		 LETTER OF ADVISEMENT. Reason: Advising appellants they must file a transcript order form as stated in our letter of 5/2/2019. If one is not filed, the case will be dismissed for want of prosecution. [19-20267] (DMS) [Entered: 05/08/2019 03:20 PM]
05/14/2019  Open Document
3 pg, 171.25 KB		 TRANSCRIPT ORDER received from Appellants Ms. Joanna Burke and Mr. John Burke. DETAILS: Transcript Order: Court Reporter: Ebonee S. Mathis, Proceeding Type and Date: Hearing 02/06/2019. Transcript Order ddl satisfied. [19-20267] (DMS) [Entered: 05/14/2019 12:30 PM]
05/14/2019 ACKNOWLEDGMENT Transcript Order: Court Reporter: Ebonee S. Mathis, Est. Completion Dt: 05/17/2019, Dt. Fin Arrangements Made: 04/19/2019, Dt. Trans. to be Filed: 05/17/2019, Proceeding Type and Date: Hearing 02/06/2019. Transcript Due/Court Reporter Discount Date is 05/17/2019 for Ebonee S. Mathis, Court Reporter [19-20267] (DMS) [Entered: 05/14/2019 12:31 PM]
05/28/2019 TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Ebonee S. Mathis, Dt. Filed in Dist. Ct: 05/17/2019 Transcript Due/Court Reporter Discount Date canceled [19-20267] (DMS) [Entered: 05/28/2019 07:28 AM]
05/28/2019 ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 4:18-CV-4544. Electronic ROA due on 06/03/2019. [19-20267] (DMS) [Entered: 05/28/2019 07:28 AM]
05/30/2019  Open Document
1 pg, 78.23 KB		 CLERK ORDER granting appellants’ Motion for leave for pro se to file electronically filed by Appellants Ms. Joanna Burke and Mr. John Burke [9048328-2] [19-20267] (DMS) [Entered: 05/30/2019 10:58 AM]
06/05/2019 ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [19-20267] (PAC) [Entered: 06/05/2019 01:31 PM]
06/05/2019  Open Document
4 pg, 126.08 KB		 BRIEFING NOTICE ISSUED A/Pet’s Brief Due on 07/15/2019 for Appellants Joanna Burke and John Burke. [19-20267] (PAC) [Entered: 06/05/2019 01:31 PM]
07/14/2019  Open Document
81 pg, 822.22 KB		 SUFFICIENT APPELLANT’S BRIEF FILED # of Copies Provided: 0
Sufficient Brief deadline satisfied. Paper Copies of Brief due on 07/30/2019 for Appellants Joanna Burke and John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 A/Pet’s Brief deadline satisfied. Sufficient Brief due on 07/29/2019 for Appellants Joanna Burke and John Burke.. Record Excerpts due on 07/29/2019 for Appellants Joanna Burke and John Burke. Appellee’s Brief due on 08/13/2019 for Appellee Ocwen Loan Servicing, L.L.C. [19-20267] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. John Burke. Date of service: 07/14/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/14/2019 02:50 PM]
07/14/2019  Open Document
1 pg, 256.93 KB		 APPEARANCE FORM received from Mr. John Burke for the court’s review. Lead Counsel? Yes. [19-20267] (John Burke ) [Entered: 07/14/2019 02:57 PM]
07/15/2019  Open Document
1 pg, 75.34 KB		 Party Mr. John Burke is advised that pro se parties do not file appearance forms. [19-20267] (LBM) [Entered: 07/15/2019 09:46 AM]
07/17/2019  Open Restricted Document
78 pg, 745 KB		 PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke in 19-20267 [9096817-2] Brief has been deemed insufficient. Corrections required: Caption to be corrected, table of authorities to be added to the table of content, identify the standard of review, incorrect ROA nimber on page 28. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief deadline satisfied. Sufficient Brief deadline updated to 08/02/2019 for Appellants Joanna Burke and John Burke [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke [9096817-2] Date of service: 07/17/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/17/2019 10:21 AM]
07/17/2019  Open Document
48 pg, 2.22 MB		 SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0 Sufficient Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 07/30/2019 for Appellants Joanna Burke and John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require caption to be corrected, all documents in the table of content to have ROA numbers. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Record Excerpts deadline satisfied. Sufficient Record Excerpts due on 08/02/2019 for Appellants Joanna Burke and John Burke [19-20267] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. John Burke. Date of service: 07/17/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/17/2019 10:23 AM]
07/23/2019  Open Restricted Document
78 pg, 631.69 KB		 PROPOSED SUFFICIENT BRIEF filed by Appellant Mr. John Burke [9096817-2] Date of service: 07/23/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/23/2019 04:49 PM]
07/23/2019  Open Restricted Document
43 pg, 2.03 MB		 PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Mr. John Burke [9099430-2] Date of service: 07/23/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/23/2019 04:51 PM]
07/25/2019  Open Document
4 pg, 74.09 KB		 LEVEL 1 EXTENSION REQUESTED by Appellee Ocwen Loan Servicing, L.L.C. for filing Brief of Appellee until 08/28/2019 [19-20267] (Shelley Luan Hopkins ) [Entered: 07/25/2019 03:49 PM]
07/25/2019  Open Document
9 pg, 478.94 KB		 DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Supplemental Appendix received from Appellants Ms. Joanna Burke and Mr. John Burke because Must file a motion to supplement the record on appeal with these documents. Filed incorrectly on our docket. [19-20267] (DMS) [Entered: 07/25/2019 03:52 PM]
07/26/2019  Open Document
9 pg, 385.34 KB		 MOTION filed by Appellant Mr. John Burke to supplement the record on appeal with With evidence of the emails between the Court Reporter, SDTX Staff and Joanna Burke as identified on pages 57 of the Burkes Brief [9106497-2]. Date of service: 07/26/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 07/26/2019 01:31 AM]
07/26/2019 EXTENSION RECEIVED for Appellee Ocwen Loan Servicing, L.L.C.. Extension Denied Reason: Motion Required. Must filed using the motion filed event not the ecf ext rqst event. [19-20267] (DMS) [Entered: 07/26/2019 07:55 AM]
07/26/2019  Open Document
4 pg, 73.99 KB		 OPPOSED MOTION filed by Appellee Ocwen Loan Servicing, L.L.C. to extend time to file brief of appellee until 08/28/2019 [9106661-2]. Date of service: 07/26/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellants Burke, Burke [19-20267] (Shelley Luan Hopkins ) [Entered: 07/26/2019 09:35 AM]
07/26/2019  Open Document
1 pg, 79.92 KB		 CLERK ORDER granting appellee’s opposed motion to extend time to file appellee’s brief filed by Appellee Ocwen Loan Servicing, L.L.C. [9106661-2] Appellee’s Brief due on 08/28/2019 for Appellee Ocwen Loan Servicing, L.L.C. [19-20267] (DMS) [Entered: 07/26/2019 10:34 AM]
07/29/2019  Open Document
1 pg, 78.94 KB		 CLERK ORDER denying appellant’s Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9106497-2] [19-20267] (DMS) [Entered: 07/29/2019 08:33 AM]
07/29/2019 Paper copies of Appellant Brief filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-20267] (CMB) [Entered: 08/01/2019 12:27 PM]
07/29/2019 Paper copies of Record Excerpts filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [19-20267] (CMB) [Entered: 08/01/2019 12:37 PM]
08/28/2019  Open Document
43 pg, 494.6 KB		 APPELLEE’S BRIEF FILED # of Copies Provided: 0 E/Res’s Brief deadline satisfied. Reply Brief due on 09/18/2019 for Appellants Joanna Burke and John Burke. Paper Copies of Brief due on 09/03/2019 for Appellee Ocwen Loan Servicing, L.L.C.. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLEE’S BRIEF FILED by Ocwen Loan Servicing, L.L.C.. Date of service: 08/28/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke [19-20267] (Mark D. Hopkins ) [Entered: 08/28/2019 12:52 PM]
08/29/2019  Open Document
6 pg, 195.19 KB		 DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Extension Request received from Appellants Ms. Joanna Burke and Mr. John Burke because this document must be filed as a motion using the motion filed event and not the attorney extension request event [19-20267] (DMS) [Entered: 08/29/2019 07:56 AM]
08/29/2019  Open Document
5 pg, 104.79 KB		 OPPOSED MOTION filed by Appellant Mr. John Burke to extend time to file reply brief until 10/02/2019 [9132646-2]. Date of service: 08/29/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 08/29/2019 08:12 AM]
08/29/2019  Open Document
1 pg, 87.9 KB		 CLERK ORDER granting in part appllants’ opposed Motion to extend time to file reply brief filed by Appellant Mr. John Burke [9132646-2] Reply Brief deadline updated to 09/25/2019 for Appellants Joanna Burke and John Burke [19-20267] (DMS) [Entered: 08/29/2019 12:37 PM]
08/30/2019 Paper copies of Appellee Brief filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [19-20267] (MRW) [Entered: 08/30/2019 02:11 PM]
09/18/2019  Open Document
6 pg, 193.8 KB		 FED. R. APP. P. 44 Notice of Challenge to Constitutionality of Statute filed by Appellants Ms. Joanna Burke and Mr. John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: FED. R. APP. P. 44 Notice of Challenge to Constitutionality of Statute filed by Appellant Mr. John Burke. Date of Service: 09/18/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/18/2019 04:13 AM]
09/19/2019  Open Document
9 pg, 125.99 KB		 OPPOSED MOTION to stay further proceedings in this court for 90 days . Reason: awaiting a final rule or adjudication on the constitional challenges, to suspend briefing notice dated 06/05/2019 [9148078-3]. Date of service: 09/19/2019 Response/Opposition due on 09/30/2019. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellant Mr. John Burke to stay further proceedings in this court. Reason: Constitutional Challenge(s), to extend time to file reply brief until 03/18/2020 [9148078-3]. Date of service: 09/19/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/19/2019 06:46 AM]
09/25/2019  Open Document
43 pg, 617.61 KB		 DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the Reply Brief received from Appellants Ms. Joanna Burke and Mr. John Burke because FIled incorrectly on the docket as a Rule 28(i) letter. [19-20267] (DMS) [Entered: 09/27/2019 09:43 AM]
09/27/2019  Open Document
43 pg, 623.12 KB		 APPELLANT’S REPLY BRIEF FILED # of Copies Provided: 0
Reply Brief deadline satisfied. Paper Copies of Brief due on 10/07/2019 for Appellants Joanna Burke and John Burke. [19-20267]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S REPLY BRIEF FILED by Mr. John Burke. Date of service: 09/27/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 09/27/2019 10:57 PM]
10/07/2019  Open Document
1 pg, 90.67 KB		 Paper copies of Appellant Reply Brief filed by Appellant Mr. John Burke in 19-20267 received. Paper copies match electronic version of document? Yes They require: durable gray covers # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied.. Sufficient Paper Copies of Brief due on 10/15/2019 for Appellants Joanna Burke and John Burke [19-20267] (MRW) [Entered: 10/07/2019 01:31 PM]
10/11/2019 Paper copies of Reply Brief [9161773-2] received as sufficient. Sufficient Paper Copies of Brief due deadline satisfied. [19-20267] (DMS) [Entered: 10/18/2019 11:10 AM]
10/19/2019  Open Document
8 pg, 165.47 KB		 OPPOSED MOTION filed by Appellant Mr. John Burke to stay further proceedings in this court. Reason: US Supreme Court Selia Law Case #19-7 re CFPB Constitutionality Question and Dodd-Frank Act Question. Date of service: 10/19/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 10/19/2019 08:57 PM]
10/25/2019  Open Document
10 pg, 149.25 KB		 RESPONSE/OPPOSITION filed by Ocwen Loan Servicing, L.L.C. [9176007-1] to the Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9170890-2], Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9148078-2], Motion to suspend briefing notice filed by Appellant Mr. John Burke [9148078-3], Letter filed by Appellants Mr. John Burke, Ms. Joanna Burke and Mr. John Burke [9146872-2] Date of Service: 10/25/2019 via email – Appellants Burke, Burke; Attorney for Appellees: Hopkins, Hopkins; US mail – Appellant Burke. [19-20267] (Mark D. Hopkins ) [Entered: 10/25/2019 01:12 PM]
10/27/2019  Open Document
64 pg, 2.78 MB		 OPPOSED MOTION filed by Appellant Mr. John Burke for leave to file a supplement to Response/Opposition [9176007-2], Letter [9146872-2] [9176432-2], to supplement the record on appeal with two exhibits as uploaded here [9176432-3] and INCORPORATED RESPONSE to the Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9106497-2] Date of service: 10/27/2019 via US mail – Appellant Burke; email – Appellant Burke; Attorney for Appellees: Hopkins, Hopkins [19-20267] (John Burke ) [Entered: 10/27/2019 07:19 PM]
10/28/2019  Open Document
6 pg, 163.45 KB		 REPLY filed by Appellants Ms. Joanna Burke and Mr. John Burke [9176855-1] to the Response/Opposition filed by Appellee Ocwen Loan Servicing, L.L.C. in 19-20267 [9176007-2]. Date of Service: 10/27/2019. [19-20267] (INCORPORATED IN MOTION TO SUPPLEMENT THE RECORD) (DMS) [Entered: 10/28/2019 11:24 AM]
10/28/2019  Open Document
2 pg, 119.88 KB		 COURT ORDER denying Motion to stay further proceedings in this court filed by Appellant Mr. John Burke [9148078-2]; denying Motion to suspend briefing notice filed by Appellant Mr. John Burke [9148078-3] [19-20267] (AS) [Entered: 10/28/2019 12:29 PM]
10/28/2019  Open Document
1 pg, 78.51 KB		 CLERK ORDER denying appellant’s opposed Motion to supplement the record on appeal filed by Appellant Mr. John Burke [9176432-3] [19-20267] (DMS) [Entered: 10/28/2019 02:01 PM]

Case # 19-20267, 5th Cir. (2019)

BURKE, JOANNA v OCWEN LOAN SERVICING LLC

Court Reporter Notice 5th Cir. Due 19th May 2018

2 May, Letter from 5th Cir. re 14 day requirement etc..will check next week.

Friday, 3rd May, 2019; Notice of Appearance;

Mark Hopkins

Shelley Hopkins

Briefing Notice from Fifth to Burke – Brief Due 15 July

Briefing Checklist

Mac Andrews Appeal case – no verified motion required

Case # 201882450 – 295th DISTRICT COURT

BURKE, JOANNA v OCWEN LOAN SERVICING LLC

Original Complaint (Petition) – Nov 14, 2018

Combined Exhibits

Letter re Citation/Service by Constable Austin on Friday 16 Nov.

Removal to Federal Court

LUPU v OCWEN, Pennsylvania

If a MERS System member sells a mortgage to a nonmember,
the mortgage must quit the MERS System by a direct
mortgage assignment to the buyer. The transfers from Loan
City to IndyMac Bank, and by it to Fannie Mae, all members,
were made on the system with MERS remaining the locally
recorded mortgage holder. But OneWest Bank is not a
member, so it received and recorded a mortgage assignment
from MERS. OneWest, in turn, sold the mortgage to Ocwen
Loan Servicing, also a non-member, by recorded assignment.
The Office of the Recorder of Deeds of Chester County,
Pennsylvania has the documents for these last transactions.

CFPB – RESPA – the full act

DS NEWS article on RESPA with ref. to “damages” cases which we should incorporate in answer due for RESPA leave to amend if necessary

CFPB – RESPA – Fee splitting Section 8

Washington Monthly

New Republic

Biz Journals

appeal court remand (noteholder issue)

Because of the contradictory statements in the Lucas affidavit about who possesses the original note, we cannot draw the necessary inference that Ocwen possesses the original note.

Therefore, we conclude that the circuit court erred in granting
Ocwen’s motion for summary judgment, and we remand this matter to the circuit court for the sole purpose of determining the only issue still in dispute; that is,whether Ocwen possesses the original note.

Ocwen v Butcher Circuit Court Filings

WI Court efile (main website)

Cassandra Phone no. 608-467-2313

Reviewing the dismissal of Butchers original complaint (2011) by Deutsche, the subsequent filing was done by Ocwen in 2014. Now there is the issue on note ownership. This looks like Deutsche “had sold the debt” otherwise why would they not be suing again – because it was either written off or was sold to Ocwen as a junk buyer?

REMOVAL FROM STATE TO  SOUTHERN FEDERAL COURT

Case 4:18-cv-04544

BURKE, JOANNA v OCWEN LOAN SERVICING LLC

Doc1 with Exhibits(Removal) – Dec 3, 2018

Doc2 added Shelley to lawyers – Dec 4, 2018

Doc3 Ocwen filed interested parties – Dec 4, 2018

Doc4 Order Pretrial Hearing – Feb 6, 2pm Judge Bray

Doc5 Motion to Dismiss with Exhibits – by Hopkins

Doc6 Cert of Interested Parties (burke) – Mon. 17 Dec.

Motion to Remand, original posted – Wed. 26 Dec.

Doc7 Motion to Stay – by Burke

Doc8 Motion to Remand – by Burke

Doc9 Response to Remand – by Hopkins

Doc10 Response to Stay – by Hopkins

Doc11 Case Mgt Plan – by Hopkins

Case Mgt Plan with Status Update – by Burke

Doc12 Supplement Motion to Stay – by Hopkins

Doc18 Trial Schedule and Dates

Doc19 Order on Motion to Dismiss

Combined Response Burke to Order Doc. 19

Submitted Responses to Doc. 19 on 3rd March with exhibits before deadline.

Pending response is RULE 8 (Failure to state a claim) DISMISSAL deadline of 21 days.

Doc20 – MOTION to Substitute Service and MOTION for Extension of Time To Effect Service

Doc21 Master Motion

Doc22 Motion to Clarify

Doc23 Res Judicata

Doc24 Ministerial

Doc25 Motion to Strike

March 12, Letter to Case Mgr Court re Leave to Amend Deadline…

Doc26 Motion for Extension of Time (60 days)

Doc27 Motion to Stay 

Doc28 Order denying Extn of Time (Mar 19) 

Doc29 Order Dismissed Want of Prosecution (Mar 19) 

Burke Original Combined filing to Reconsider Ocwen Dismissal for Want of Prosecution

Doc31 Order Denying Reconsideration (Apr 16) Filed 17th

Doc33 Burke Transcript Report Request (Apr 18) Filed 19th

Doc34 Transcript DKT13

Doc35 Court Notice Filing Appeal

Doc35-1 copy burkes motion of appeal

Doc35-Notes re filing fee and transcript Filed 19th

REMOVAL OBJECTION

If the party contends that removal was improper, based on any ground other than that the federal district court lacks subject matter jurisdiction, the party may move the district court to remand the case to state court within 30 days after the defendant filed the notice of removal. 28 U.S.C. § 1447.

The district court will grant the motion if it finds that removal was improper. If the district court determines that it lacks subject matter jurisdiction at any time before entry of final judgment, the district court must remand the action to the state court. 28 U.S.C. § 1447.

Wikipedia

Ocwen company structure / CFPB Original Petition for ref.

Filing Petition (Florida case)

CFPB v Ocwen

court listener (Florida case)

CONSUMER FINANCIAL PROTECTION BUREAU v. OCWEN FINANCIAL CORPORATION (1:13-cv-02025) District Court, District of Columbia

CFPB (DC 2013 case)

Emailed Transribers; Friday, 19th April 2019

//judicialtranscribers.com/forms/

Email: info@judicialtranscribers.com
Good Morning;
 
We submitted a Transcript Request (Dkt13) to the S.D. Houston District Court and we need to arrange for you to transcribe it – Judicial Transcribers of Texas. Please advise this is your case and what we need to do from our side. We are attaching the Dkt13 as filed.
 
The following transaction was entered on 4/19/2019 at 10:41 AM CDT and filed on 4/18/2019 
 
Case Name: Burke et al v. Ocwen Loan Servicing, LLC
Case Number: 4:18-cv-04544
Filer:
WARNING: CASE CLOSED on 03/19/2019
Document Number: 34
 
Docket Text: 
DKT13 TRANSCRIPT ORDER REQUEST by John Burke. This is to order a transcript of Scheduling Hrg held on 2/5/2019, before Hon. Peter Bray. Court Reporter/Transcriber: Judicial Transcribers of Texas. This order form relates to the following: [32] Notice of Appeal, filed.(mmarquez, 5)
 
Thank you.
John Burke and Joanna Burke

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:18-cv-04544

Burke et al v. Ocwen Loan Servicing, LLC
Assigned to: Judge David Hittner

Related Case: 4:11-cv-01658
Case in other court:  295th District Court of Harris County, Texas, 18-82450

Cause: 28:1441 Petition for Removal – Fair Credit Reporti

 Date Filed: 12/03/2018
Date Terminated: 03/19/2019
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question

 

Date Filed # Docket Text
04/16/2019 31 ORDER denying 30 Motion to Reinstate.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 04/17/2019)
04/15/2019 30 MOTION to Reinstate Case on Docket and Notice of Hearing by Joanna Burke, John Burke, filed. Motion Docket Date 5/6/2019. (JenniferLongoria, 1) (Entered: 04/15/2019)
03/19/2019 29 ORDER OF DISMISSAL. Case terminated on March 19, 2019 (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/20/2019)
03/19/2019 28 ORDER denying 26 Motion for Extension of Time.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/20/2019)
03/14/2019 27 MOTION to Stay Proceedings by Joanna Burke, John Burke, filed. Motion Docket Date 4/4/2019. (mmarquez, 5) (Entered: 03/15/2019)
03/14/2019 26 MOTION for Extension of Time by Joanna Burke, John Burke, filed. Motion Docket Date 4/4/2019. (mmarquez, 5) (Entered: 03/15/2019)
03/05/2019 25 Plaintiff’s MOTION to Strike OCWEN Loan Servicing, LLC’s Supplemental Response TO Plaintiff’s Motion To Stay by Joanna Burke, John Burke, filed. Motion Docket Date 3/26/2019. (bmendoza, 5) (Entered: 03/06/2019)
03/05/2019 24 Plaintiff’s MOTION for Reconsideration Of Order For Ministerial “ABUSE OF DISCRETION” by Joanna Burke, John Burke, filed. Motion Docket Date 3/26/2019. (bmendoza, 5) (Entered: 03/06/2019)
03/05/2019 23 Plaintiff’s MOTION for Reconsideration Of Order Relating To “RES JUDICATA” by Joanna Burke, John Burke, filed. Motion Docket Date 3/26/2019. (bmendoza, 5) (Entered: 03/06/2019)
03/05/2019 22 Plaintiff’s MOTION for Clarify by Joanna Burke, John Burke, filed. Motion Docket Date 3/26/2019. (bmendoza, 5) (Entered: 03/06/2019)
03/05/2019 21 MOTION Plaintiff;s “MASTER MOTION” Re Oder (DOC.19) by Joanna Burke, John Burke, filed. Motion Docket Date 3/26/2019. (bmendoza, 5) (Additional attachment(s) added on 3/6/2019: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit) (bmendoza, 5). (Entered: 03/06/2019)
03/01/2019 20 MOTION to Substitute Service and MOTION for Extension of Time To Effect Service by Joanna Burke, John Burke, filed. (dmorales, 5) (Entered: 03/04/2019)
02/22/2019 19 ORDER granting in part and denying in part 5 Motion to Dismiss for Failure to State a Claim. The motion is granted as to the dismissal of the Collection Claims on the basis of res judicata. The motion is denied without prejudice as to the dismissal of the claim under RESPA for failure to state a claim; denying 7 Motion to Stay; denying 8 Motion to Remand. The Plaintiff shall file an amended complaint addressing the claim under RESPA that is compliant with Rule 8 within 21 days from the date of this Order. Failure to file an amended complaint within 21 days will result in dismissal of the Plaintiffs’ case without further notice.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 02/25/2019)
02/06/2019 18 SCHEDULING ORDER. Trial Term: March/April 2020. ETT: 2 days. Jury trial. Amended Pleadings due by 3/29/2019. Joinder of Parties due by 3/29/2019 Pltf Expert Witness List due by 4/30/2019. Deft Expert Witness List due by 5/31/2019. Discovery due by 10/31/2019. Dispositive Motion Filing due by 11/29/2019. Non-Dispositive Motion Filing due by 11/29/2019. Joint Pretrial Order due by 2/28/2020.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4) (Main Document 18 replaced on 2/6/2019) (jmarchand, 4). (Entered: 02/06/2019)
02/06/2019 17 Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 2/6/2019. Scheduling order issued. Appearances:Joanna Burke, John Burke, Mark Daniel Hopkins.(ERO:S. Shelby), filed.(jmarchand, 4) (Entered: 02/06/2019)
01/31/2019 16 PLAINTIFF’S MOTION FOR SEPARATE CASE & TRIAL FROM CIVIL ACTION by Joanna Burke, John Burke, filed. Motion Docket Date 2/21/2019. (bmendoza, 5) (Entered: 02/01/2019)
01/31/2019 15 Corrected REPLY to 14 Response , filed by Ocwen Loan Servicing, LLC. (Attachments: # 1 Exhibit A)(Hopkins, Shelley) (Entered: 01/31/2019)
01/30/2019 13 REPLY , filed by Ocwen Loan Servicing, LLC. (Attachments: # 1 Exhibit A)(Hopkins, Shelley)( Per Attorney filed in error) Modified on 1/30/2019 (mmapps, 4). (Entered: 01/30/2019)
01/30/2019 14 RESPONSE to Case Management Plan, filed by John Burke. (jguajardo, 4) (jguajardo, 4). (Entered: 01/30/2019)
01/28/2019 12 SUPPLEMENT to 10 Response in Opposition to Motion by Ocwen Loan Servicing, LLC, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hopkins, Shelley) (Entered: 01/28/2019)
01/25/2019 11 Opposed JOINT DISCOVERY/CASE MANAGEMENT PLAN by Ocwen Loan Servicing, LLC, filed.(Hopkins, Shelley) (Entered: 01/25/2019)
01/07/2019 10 RESPONSE in Opposition to 7 MOTION to Stay, filed by Ocwen Loan Servicing, LLC. (Hopkins, Shelley) (Entered: 01/07/2019)
01/04/2019 9 RESPONSE in Opposition to 8 MOTION to Remand, filed by Ocwen Loan Servicing, LLC. (Hopkins, Mark) (Entered: 01/04/2019)
12/27/2018 8 MOTION to Remand by Joanna Burke, John Burke, filed. Motion Docket Date 1/17/2019. (SarahShelby, 4) (Entered: 01/04/2019)
12/27/2018 7 MOTION to Stay Proceedings by Joanna Burke, John Burke, filed. Motion Docket Date 1/17/2019. (SarahShelby, 4) (Entered: 01/04/2019)
12/17/2018 6 CERTIFICATE OF INTERESTED PARTIES by Joanna Burke, John Burke, filed.(dperez, 3) (Entered: 12/17/2018)
12/10/2018 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ocwen Loan Servicing, LLC, filed. Motion Docket Date 12/31/2018. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Hopkins, Mark) (Entered: 12/10/2018)
12/04/2018 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/6/2019 at 02:00 PM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(hcarradi, 4) (Entered: 12/04/2018)
12/04/2018 3 CERTIFICATE OF INTERESTED PARTIES by Ocwen Loan Servicing, LLC, filed.(Hopkins, Shelley) (Entered: 12/04/2018)
12/04/2018 2 NOTICE of Appearance by Shelley L. Hopkins on behalf of Ocwen Loan Servicing, LLC, filed. (Hopkins, Shelley) (Entered: 12/04/2018)
12/03/2018 1 NOTICE OF REMOVAL from 295th Judicial District Court of Harris County, case number 2018-82450 (Filing fee $ 400 receipt number 0541-21388294) filed by Ocwen Loan Servicing, LLC. (Attachments: # 1 Exhibit Index of Matters, # 2 Civil Cover Sheet, # 3Exhibit State Court File, # 4 Exhibit Docket Sheet, # 5 Exhibit List of Counsel)(Hopkins, Mark) (Entered: 12/03/2018)

 

 

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APPEAL PROCESS TO FIFTH CIRCUIT

Instructions for Ordering transcript Forms – US District SD Court page

Ordering Transcripts

APPEAL PROCESS TO FIFTH CIRCUIT

case used to reinstate ocwen case;

 

IMPORTANT CASES AND NOTES

Bush case rejecting res judicata

Phone Dialer Licensing TX

Main Website

REMOVAL OBJECTION

Bush case rejecting res judicata

HOPKINS ARGUMENT

As previously addressed by the Southern District, “[I]t is questionable whether Plaintiff may rely on Texas Rule of Civil Procedure 12 to challenge Defense Counsel’s authority.” Cervantes v. Ocwen Loan Servicing, LLC, 2016 WL 10951818 (S.D. Tex. 2016). This holding acknowledges the reality that a plaintiff’s attempt to force defense counsel to prove authority under Texas Rule of Civil Procedure 12 is inapposite as federal district courts follow the Federal Rules of Civil Procedure and not the Texas Rules of Civil Procedure. See e.g., Wirsche v. Bank of Am., N.A., 2013 WL 6564657, at *2 (S.D. Tex. Dec. 13, 2013).

CERVANTES DISMISSAL (NOT THE SAME EVIDENCE NOR FACTS AS BURKE)

II. PLAINTIFF’S MOTION TO SHOW AUTHORITY
Plaintiff, relying on Texas Rule of Civil Procedure 12,5 requests that the Court instruct Defense Counsel to submit proof of their authority to act on behalf of each Defendant. This request is meritless and therefore DENIED.
First, it is questionable whether Plaintiff may rely on Texas Rule of Civil Procedure 12 to challenge Defense Counsel’s authority. Wirsche v. Bank of Am., N.A., No. 7:13-CV-528, 2013 WL 6564657, at *2 (S.D. Tex. Dec. 13, 2013) (finding that plaintiff’s attempt to force defense counsel to prove authority under Texas Rule of Civil Procedure 12 was inapposite as district courts follow the Federal Rules of Civil Procedure). Second, attorneys are presumed to have authority to act on behalf of the party they claim to represent, and the Court does not find any reason to question that presumption here. Indeed, the Court notes that Plaintiff’s allegation is conclusory and appears to be frivolous as Plaintiff does not provide any valid reason for challenging the Defense Counsel’s authority.

Ocwen v Cervantes – Dist. Court dismissal

Ocwen v Cervantes – 5th Order (Frivilous)

DAVIS, HAYNES & GRAVES – SAME PANEL AS BURKE (2018)

Ocwen v Cervantes – 5th Opinion (Frivilous)

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