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16-1694 - Shunatona v. Wells Fargo Bank National Association


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16-1694 - Shunatona v. Wells Fargo Bank National Association
September 12, 2016
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aint, as included on the docket at Dkt. No. 15-1, as Shunatona's active pleading in this case;should dismiss with prejudice Shunatona's wrongful foreclosure claim against Defendant Wells Fargo Bank, National Association, as stated as the f FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Plaintiff Paul Shunatona's Motions for Leave to Amend, to Dismiss Claim, and to Enter Stipulation [Dkt. No. 15] and deny his Motions to Abate and Vacate Orders and Remand to State Court [Dkt. No. 15]. More specifically, the Court should grant leave for Shunatona to amend his Original Petition, as filed in state court, and order the Clerk of the Court to file the First Amended Complirst cause of action in Shunatona's Original Petition [Dkt. No. 1-5]; and should accept Shunatona's stipulation that he will not in his remaining claim, a claim for funds held by the Texas Comptroller, seek damages in excess of $75,000 (inclusive of costs and attorneys' fees). But, for the reasons explained above, the Court should deny the Motion to Remand, retain its subject- matter jurisdiction over this action, and deny Plaintiff's request to vacate the Order Requiring 26(f) Report and Setting 16(b) Conference [Dkt. No. 6] and the Initial Scheduling Order [Dkt. No. 13]. (Ordered by Magistrate Judge David L Horan on 9/12/2016) (mcrd)
September 27, 2016
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ay not be reasserted. Per his stipulation, Plaintiff may not assert claims in excess of $75,000. Plaintiff's Motion to Remand [Docket #15] and request to vacate prior orders [Docket #6 and 13] are denied. (Ordered by Chief Judge Barbara M.G. Lynn on 9/27/2016) (trk)ORDER ACCEPTING 22 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Clerk is directed to file Plaintiff's First Amended Original Complaint. Plaintiff's claim of wrongful foreclosure is dismissed with prejudice and m
December 2, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff Paul Shunatona's Motion to Amend Complaint [Dkt. No. 31] should be denied. (Ordered by Magistrate Judge David L Horan on 12/2/2016) (sss)
January 9, 2017
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ORDER ACCEPTING 38 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Chief Judge Barbara M.G. Lynn on 1/9/2017) (epm)