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

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

NOTICE of No Response by Plaintiff/Counter-Defendant, by U.S. Bank, NA, as Trustee re [7] MOTION to Dismiss Pursuant to Federal Rule 12(b)(6)

Interested in this case?

Current View

Full Text

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. § NOTICE OF NO RESPONSE BY PLAINTIFF/COUNTER-DEFENDANTS TO DEFENDANT/COUNTER-PLAINTIFFS' MOTION TO DISMISS Defendant/Counter-Plaintiff U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I ("U.S. Bank" or "Defendant"), pursuant to the Local Rules, file this Notice of No Response by Plaintiff/Counter-Defendant Felix Robert Suarez ("Plaintiff/Counter- Defendant" or "Suarez") to their Motion to Dismiss ("Motion") and respectfully state: 1. Defendant/Counter-Plaintiff filed their Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on June 24, 2019 [Doc. No. 7]. 2. Pursuant to Local Rule 7.1(e), Plaintiff/Counter-Defendants' response to Defendant/Counter-Plaintiffs' Motion to Dismiss was due on July 8, 2019. Defendant/Counter- Plaintiffs have failed to timely file a response to Defendant/Counter-Plaintiffs' Motion to Dismiss and as such, the Court may consider it unopposed. Accordingly, Defendant/Counter- Plaintiffs respectfully request the Court grant their Motion to Dismiss, with prejudice, and for all other and further relief to which they may be entitled. WHEREFORE, PREMISES CONSIDERED, Defendant/Counter-Plaintiffs pray that their Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted and that NOTICE OF NO RESPONSE BY PLAINTIFF/COUNTER-DEFENDANTS TO DEFENDANT/COUNTER-PLAINTIFFS' MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) PAGE 1 all claims asserted by Plaintiff/Counter-Defendants be dismissed with prejudice. Defendant/Counter-Plaintiffs ask that they be awarded all other relief to which they may be entitled. 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 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served via ECF Notification on this 11th day of July, 2019, upon the following: Robert C. Newark, III office@newarkfirm.com 1341 W. Mockingbird lane, Suite 600W Dallas, TX 75247 Counsel for Plaintiff /s/ Philip W. Danaher PHILIP W. DANAHER NOTICE OF NO RESPONSE BY PLAINTIFF/COUNTER-DEFENDANTS TO DEFENDANT/COUNTER-PLAINTIFFS' MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) PAGE 2