Nicholson v. The Bank of New York Mellon ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HARRIET NICHOLSON, PLAINTIFF V. BANK OF NEW YORK, DEFENDANT CIV.:1:22-CV-03177 PLAINTIFF’S REQUEST TO TAKE JUDICIAL NOTICE Now Comes Plaintiff Harriet Nicholosn and files this Plaintiff’s Request To Take Judicial Notice of Related Court records from prior Texas action1 and would show unto the court the following: Plaintiff Harriet Nicholson filed this independent action complaining the Texas’ Amended FInal Judgment” did not not comply with the oral rendition of judgment. The Amended Final Judgment was absent of reinstating Plaintiff’s ownership rights and awarding any court costs agreed by Mr. Richard Danner, BONY”s counsel.2 The attached itemized bill of costs supports Plaintiff’s contention the “Texas’ Amended Judgment” did not align with the oral rendition of judgment awarding costs that was agreed and deliberately omitted by Mr. Danner, BONY’s counsel in the “Amended Final Judgment.” Dated: March 20, 2024 /s/ Harriet Nicholson 1SeeShuttlesworthv.CityofBirmingham,394U.S.147,157,89S.Ct.935,22L.Ed.2d162(1969)(takingjudicial noticeofrecordinpriorlitigationbetweensameparties); 2SeeEx.A,Texas’prioractionagreedbillofcostsbyBONY’scounsel,Mr.RichardDwayneDanner EX. A MEMO ENDORSED: On March 21, 2024, pro se Plaintiff Harriet Nicholson filed a request for this Court to take judicial notice of certain court documents. (Dkt. No. 134) Previously, on March 18, 2024, Plaintiff filed a notice of appeal (Dkt. No. 131) regarding Magistrate Judge Parker’s November 7, 2022 Report and Recommendation concerning Defendant’s motion to dismiss (Dkt. No. 83); this Court’s August 28, 2023 order adopting Judge Parker’s Report and Recommendation and dismissing the case (Dkt. No. 105); the Clerk of Court’s January 17, 2024 judgment entered against Plaintiff (Dkt. No. 116); and this Court’s February 21, 2024 order denying Plaintiff's subsequent requests for relief. (Dkt. No. 128) On March 19, 2024, Plaintiff filed an amended notice of appeal regarding the same matters. (Dkt. No. 133). Generally, “filing a notice of appeal divests a district court of jurisdiction.” Am. Transit Ins. Co. v. Bilyk, 514 F. Supp. 3d 463, 470 (E.D.N.Y. 2021); see Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (“The filing of a notice of appeal is an event of jurisdictional significance — it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.”). And “[w]here the appeal is from a final judgment, the district court can take only limited action during pendency of the appeal.” Satcom Int’] Grp. PLC v. Orbcomm Int’] Partners, L.P., 55 F. Supp. 2d 231, 233 (S.D.N.Y. 1999 Here, Plaintiff's notice of appeal relates to, inter alia, this Court’s order granting Defendant’s motion to dismiss (Dkt. No. 105), and the final judgment (Dkt. No. 116). As a result of Plaintiff's filing of a notice of appeal, this Court lacks jurisdiction to address Plaintiff's most recent motion. Accordingly, Plaintiff's motion is denied as moot. The Clerk of Court is directed to terminate the motion (Dkt. No. 134). SO Pi» oul 2 onde Paul G. Gardephe United States District Judge Date: March 29, 2024 THOMAS A. WILDER DISTRICT CLERK April 29, 2022 Thomas A. Wilder Tarrant County District Clerk 100 N. Calhoun St. Ft. Worth, TX 76196 Via: E-Filing Re: Court Costs Nicholson v. Bank of New York Mellon, et al Cause No. 342-262692-12 Dear Mr. Wilder, This letter is to provide you with an itemized list of costs. A copy of this filing is being provided to defendants The itemized Costs are as follows: • Filing Fees $249.00 • Service of Process Fees $415.00 • Mediation $1,060.00 • Court Report Fees $160.00 Total $1,874.00 I have attached copy of the trial court's judgment awarding costs and a copy of the email from Timothy Baker and previous letter sent to you and the chain with defendant's counsel working out the proper itemization of costs. Please tax costs against the defendants and send a cost bill to them. /s/ Harriet Nicholson 342-262692-12 FILED TARRANT COUNTY CAUSE NO. 342-262692-12 9/15/2020 12:17 PM THOMAS A. WILDER DISTRICT CLERK HARRIET NICHOLSON, § IN THE DISTRICT COURT Plaintiff, § § § OF TARRANT COUNTY, TEXAS THE BANK OF NEW YORK MELLON § . FKA THE BANK OF NEW YORK AS § = □ TRUSTEE FOR THE § aoe 8 CERTIFICATEHOLDERS OF CWMBS, § O 2 INC., CWMBS REFORMING LOAN § Dep □ □□□□□ REMIC TRUST CERTIFICATES § So, □ FF SERIES 2005-R2, et al. § of ~ □□ seer mom § ms: Defendants. § 342nd JUDICIAL DISTRIG?F~ ™ == AMENDED FINAL JUDGMENT On this day the Court considered the following: (1) Defendant David Stockman's Motion for Summary Judgment; and (2) Defendant Countrywide Home Loans, Inc.'s Traditional and No- Evidence Motion for Summary Judgment. After reviewing the motions, all objections and replies filed therewith, the summary judgment evidence presented, arguments of the parties and applicable law, the Court enters the following orders: {1) IT IS ORDERED THAT DEFENDANT DAVID STOCKMAN'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; (2) IT IS ORDERED THAT DEFENDANT COUNTRYWIDE HOME LOANS, INC.'S TRADITIONAL MOTION FOR SUMMARY JUDGMENT AND NO-EVIDENCE MOTION FOR SUMMARY JUDGMENT ARE GRANTED; (3) IT IS FURTHER ORDERED THAT COSTS OF COURT AND ATTORNEYS' FEES ARE TO BE BORNE BY THE PARTY INCURRING SAME. This Final Judgment, together with the court’s prior “Final Judgment” date October 26, 2017, attached hereto as Exhibit A, is incorporated herein and together constitute a final, appealable judgment. All relief not expressly granted herein is denied. Thi f pi ¢ □□□□□□ 9 A055 oF all Parh?S dad atl claws SIGNED: Ww hetere □□ DISTRICT (JUDGE PRESIDING Lut te E-MAILEDNT = Ce: McCain, Barry Subject: Re: Nicholson - Court Costs Dwayne, So, with the state court copying taken out, we are left with: e Filing Fees - $249 ¢ — Service of Process - $415 (as your count had one additional service of process fee) e Mediation - $1,050 e State Court Copying - $31.80 e Court Reporter Fees - $160 ‘Lotal - 91,6/4.00. Do you agree with this amount Tim 214-727-4956 From: "Danner, Dwayne" To: Tim Baker Ce: "McCain, Barry" Sent: Tuesday, December 12, 2017 6:32 PM Subject: RE: Nicholson - Court Costs Tim —I can’t agree to the “state court copying” as it is not a “court cost” although I realize it was a cost to your client. R. Dwayne Danner direct: (214) 445-2408 fax: (214) 593-4588 mobile: (214) 693-5433 email: ddanner@meglinchey.com office: 6688 N. Central Expressway, Ste 400 | Dallas, TX 75206 Mecie S SGLINCHEY OTAFFORD bio | vcard | www.meglinchey.com | www.cafalawblog.com eA ie RRA RAE NS INS Re A NEE a AE, Pi ANNA RS SOS! RS ASML ES ROT la . From: Tim Baker [mailto:tbaker@timbakerlaw.com] Sent: Monday, December 11, 2017 7:44 PM To: Danner, Dwayne Ce: McCain, Barry Subject: Re: Nicholson - Court Costs Dwayne, The copy costs are for copes of documents for service to the Court and/or Defendants specifically related to the stat court proceeding. Ms. Nicholson has informed me she paid the mediation fee and did not receive a refund. Regards, Tim Baker From: "Danner, Dwayne" To: Tim Baker Ce: "McCain, Barry" Sent: Monday, December 11, 2017 5:09 PM Hi Tim. What is the state court copying fee, is that related to federal court? Also, on the mediation fee, d you represent that your client paid this and did not receive any refund on this fee? R. Dwayne Danner direct: (214) 445-2408 fax: (214) 593-4588 mobile: (214) 693-5433 email: ddanner@mcglinchey.com office: 6688 N. Central Expressway, Ste 400 | Dallas, TX 75206 © Me StArFORD” SGLINCHEY OTAFFORD bio | vcard | www.meglinchey.com | www.cafalawblog.com From: Tim Baker [mailto:tbaker@timbakerlaw.com] Sent: Monday, December 04, 2017 1:45 PM To: Danner, Dwayne Ce: McCain, Barry Subject: Re: Nicholson - Court Costs Dwayne, Attached is a copy of the check she paid for mediation. Please let me know if you are now in agreement with my revised cost calculation below. Regards, Tim Baker 214-727-4956 From: "Danner, Dwayne" To: Tim Baker Ce: "McCain, Barry" Sent: Monday, November 20, 2017 2:05 PM Subject: RE: Nicholson - Court Costs Hi Tim. My only question is does she have a receipt for the Steele mediation. I thought we paid most of that. R. Dwayne Danner direct: (214) 445-2408 fax: (214) 593-4588 mobile: (214) 693-5433 email: —ddanner@mecglinchey.com office: 6688 N. Central Expressway, Ste 400 | Dallas, TX 75206 © Mecuncuey Srarrorn" SGLINCHEY STAFFORD TNS ASSO SS Se GR ASAT DR GONE A SR A SEE AR RR SC bio | veard | www.meglinchey.com | www.cafalawblog.com SR SS SI RA UA RA BR FG SERN From: Tim Baker [mailto:tbaker@timbakerlaw.com] Sent: Monday, November 20, 2017 1:48 PM Ce; McCain, Barry Subject: Nicholson - Court Costs Mr. Danner, In my motion, we asked for the following court costs: 1. Plaintiff has incurred the following costs: e —- Filing Fees - $1,259.00 ($249 or original filing fee, $505 cach for two Federal appeal filing fees) e Service of Process Fees - $332.00 e Arbitration/Mediation Fees - $1,050.00 ($1,000 for Ralph Steele and $50 for DSR) e Required Federal Photocopying - $1,165.60 e Required State District Court photocopying - $31.80 e Court Report Fees - $160.00 PACER Fees - $659.00 Total Costs: $4,657.40 We are now proposing: e Filing Fees - $249 e — Service of Process - $415 (as your count had one additional service of process fee) * Mediation - $1,050 e State Court Copying - $31.80 * Court Reporter Fees - $160 Total - $1,905.80. Please let me know if you agree with this revised number. Regards, Tim Baker 214-727-4956 pi pen PT ens rnneene renting www.meglinchey.com | www.CafaLawBlog.com McGlinchey Stafford, PLLC in Alabama, Florida, Louisiana, Mississippi, New York, Ohio, Texas, and Washington DC and McGlinchey Stafford, LLP in California. 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The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 64048137 Status as of 4/29/2022 2:09 PM CST Associated Case Party: HARRIETNICHOLSON Harriet Nicholson P| save.my.home.in.2013@gmail.com | 4/29/2022 1:50:13 PM | SENT Harriet Nicholson P| harrietnicholson@yahoo.com 4/29/2022 1:50:13 PM | SENT Harriet Nicholson P| nfenae@yahoo.com 4/29/2022 1:50:13 PM | SENT Associated Case Party: THEBANK OF NEW YORK MELLON Danner} ddanner@meceglinchey.com | 4/29/2022 1:50:13 PM | SENT Case Contacts ae oa [eat so Sa Angelia Foster P| afoster@mcglinchey.com 4/29/2022 1:50:13 PM | SENT CRYSTAL ROACH P| crystalr@bdfgroup.com 4/29/2022 1:50:13 PM | SENT Holly Bishop po hbbishop@tarrantcounty.com | 4/29/2022 1:50:13 PM | SENT Julia OBoyle P| joboyle@mcglinchey.com 4/29/2022 1:50:13 PM | SENT Associated Case Party: THENATIONSTAR MORTGAGE LLC Matthew Durham | 24040226 matthew.durham@citi.com 4/29/2022 1:50:13 PM | SENT Elayne Napoles P| enapoles@mcguirewoods.com | 4/29/2022 1:50:13 PM | SENT Matthew Durham P| mdurham@mcguirewoods.com | 4/29/2022 1:50:13 PM | SENT Cindy Boyd P| cboyd@mcguirewoods.com 4/29/2022 1:50:13 PM | SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 64048137 Status as of 4/29/2022 2:09 PM CST Associated Case Party: DAVIDSTOCKMAN [Rene [eonber [ema [Tinestanpsobitea [Sas feisarcecn| [eases com | 42802 T5073 [SENT Associated Case Party: THEHARVEY LAW GROUP