Suarez v. U.S. Bank, NA, As Trustee

Western District of Texas, txwd-5:2019-cv-00704

ADR Report Filed - CONSENT to Alternate Dispute Resolution (ADR) by U.S. Bank, NA, as Trustee

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FELIX ROBERT SUAREZ, § § Plaintiff/Counter-Defendant, § § v. § § Civil Action No. 5:19-cv-704-FB-ESC U.S. BANK TRUST NATIONAL § ASSOCIATION, AS TRUSTEE OF CVI § LCF MORTGAGE LOAN TRUST I, § § Defendant/Counter-Plaintiff. § JOINT REPORT ON ALTERNATIVE DISPUTE RESOLUTION Plaintiff/Counter-Defendant Felix Robert Suarez ("Plaintiff") and Defendant/Counter- Plaintiff U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I ("U.S. Bank" or "Defendant" and together with Plaintiff as the "Parties") file this Joint Report on Alternative Dispute Resolution pursuant to the Current Scheduling Order and Local Rule CV- 88, and respectfully state as follows: I. Status of Settlement Negotiations 1. The parties have not had substantial settlement discussions. II. Identity of Person Responsible for Settlement Negotiations 2. The undersigned counsel for Plaintiff is responsible for their settlement negotiations. The undersigned counsel for Defendant is responsible for settlement negotiations for it. III. Appropriateness of Alternative Dispute Resolution 3. The Parties believe that, to the extent it is necessary, mediation may be an appropriate form of alternative dispute resolution. Should mediation occur, the Parties agree that JOINT REPORT ON ALTERNATIVE DISPUTE RESOLUTION PAGE 1 MWZM#: 18-000111-505 cost of mediation should be split evenly among the Parties. Respectfully submitted, By: /s/ Philip W. Danaher MARK D. CRONENWETT Texas Bar No. 00787303 mcronenwett@mwzmlaw.com PHILIP W. DANAHER Texas Bar No. 24078395 pdanaher@mwzmlaw.com MACKIE WOLF ZIENTZ & MANN, P. C. 14160 North Dallas Parkway, Suite 900 Dallas, TX 75254 Telephone: (214) 635-2650 Facsimile: (214) 635-2686 ATTORNEYS FOR DEFENDANT / COUNTER-PLAINTIFF and By: /s/ Robert C. Newark, III w/ permission by Philip W. Danaher Robert C. Newark, III Texas Bar No. 24040097 Oklahoma Bar No. 21992 1341 W. Mockingbird Lane, Suite 600W Dallas, Texas 75247 866-230-7136 888-316-3398 (Fax) office@newarkfirm.com ATTORNEYS FOR PLAINTIFF / COUNTER-DEFENDANT JOINT REPORT ON ALTERNATIVE DISPUTE RESOLUTION PAGE 2 MWZM#: 18-000111-505 CERTIFICATE OF SERVICE I hereby certify that on September 16, 2019, a true and correct copy of the foregoing document was delivered to the following via ECF notification to the parties listed below: Robert C. Newark, III 1341 W. Mockingbird Lane, Suite 600W Dallas, Texas 75247 866-230-7136 888-316-3398 (Fax) office@newarkfirm.com _/s/ Philip W. Danaher PHILIP W. DANAHER JOINT REPORT ON ALTERNATIVE DISPUTE RESOLUTION PAGE 3 MWZM#: 18-000111-505