On April 5, 2021, Kenneth R. Stewart Jr., aka Kenneth S. Stewart (“Plaintiff”), self-representing, filed a personal injury lawsuit against JP Morgan, JP Morgan Chase NA., TXI, Texas Industries, Chrysler Capital (collectively, “Defendants”), seeking declaratory relief, and return of the vehicle, for the alleged breach of fiduciary duty and allegedly causing personal injury to the Plaintiff. This case was filed in the U.S. District Court for the Northern District of Texas with Judges Rebecca Rutherford and Barbara M. G. Lynn presiding.
In its complaint, the Plaintiff alleged that “The United States of America and the Department of Treasury have concealed Mr. Stewart’s identity along with his assets.” Furthermore, “Defendants along with the Government have concealed this information for over 48 years. Plaintiff will show injury to him and his estate. There has to be communication between the trust and the trustee to the beneficiary which they failed to do. Several attempts with JP Morgan Chase by phone and in person at the Irving Blvd location Dallas. Texas Industries Corp, several phone calls and left numerous messages for Mrs. Barr. She has not returned the message.”
Plaintiff further alleged that “Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the obligation and without impairing the right and power of sale provided elsewhere in the agreement. Beneficiary may bid and become the purchaser of all or any part of the collateral at any trustee’s or foreclosure sale here under being the highest bidder, and beneficiary shall have the right to credit upon the amount Beneficiary’s successful bid, to the extent necessary to satisfy such bid, all or any part of the obligation such manner and order as Beneficiary may elect. Chrysler Finance has breached the agreement by repossessing a 2018 Dodge truck LKK 1970 SOCIAL 452-43-5438. Chrysler is a Corporate Trust, as beneficiary I am instructing them to pay off said vehicle and the finance company return the asset back to the purchaser as per the rules outlined in the securities portion of the increditor agreement.”
The only claim for relief laid down by the Plaintiff, is for the alleged breach of fiduciary duty against all the Defendants.
In its prayer for relief, the Plaintiff has requested the court to grant authority to take over his accounts of JP Morgan, Txi Industries, along with Chrysler Capital; this should include disclosure of a consolidated Financial Statement from each entity; also, the money that was set aside in trust for the payment to beneficiary; and return of the Dodge truck crediting the account global note NC 2002-1 aka the Increditor agreement.
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Disposed - Other Disposed
Barbara M. G. Lynn
Kenneth Robert Stewart, Jr
Irving, TX 75060
Irving, TX 75060
Chrysler Capital doing business as TD Auto Finance
JP Morgan Chase NA
Texas Industries Inc
Docket(#9) JUDGMENT: Plaintiff's #4 motion to proceed in forma pauperis is DENIED, and his complaint is DISMISSED without prejudice. (Ordered by Chief Judge Barbara M. G. Lynn on 5/10/2021) (axm) (Entered: 05/10/2021)Read MoreRead Less
Docket(#8) ORDER ACCEPTING #7 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Chief Judge Barbara M. G. Lynn on 5/10/2021) (axm) (Entered: 05/10/2021)Read MoreRead Less
Docket(#7) FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: #4 Motion for Leave to Proceed in forma pauperis, and #3 Complaint. The Court should DENY Stewart's motion for leave to proceed in forma pauperis and dismiss his complaint without prejudice unless Stewart pays the $402.00 filing fee by 5/7/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 4/7/2021) (oyh) (Entered: 04/07/2021)Read MoreRead Less
Docket(#6) Court Request for Recusal: Senior Judge Sidney A Fitzwater recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Chief Judge Barbara M. G. Lynn for all further proceedings. Future filings should indicate the case number as: 3:21-cv-790-M-BT. (ctf) (Entered: 04/07/2021)Read MoreRead Less
Docket(#5) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kenneth Robert Stewart, Jr. (oyh) (Entered: 04/07/2021)Read MoreRead Less
Docket(#4) MOTION for Leave to Proceed in forma pauperis filed by Kenneth Robert Stewart, Jr. (oyh) (Entered: 04/07/2021)Read MoreRead Less
Docket(#3) COMPLAINT against Chrysler Capital, JP Morgan, Texas Industries filed by Kenneth Robert Stewart, Jr. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (oyh) (Entered: 04/07/2021)Read MoreRead Less
Docket(#2) Notice and Instruction to Pro Se Party. (oyh) (Entered: 04/07/2021)Read MoreRead Less
Docket(#1) New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (oyh) (Entered: 04/07/2021)Read MoreRead Less
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