Talley v. MidFirst Bank
(4:23-cv-00070)
District Court, S.D. Texas
JAN 10, 2023 | REPUBLISHED BY LIT: JAN 31, 2023
SEP. 29, 2023
Amber Alert: No change to property records. Amber Talley still owns the property according to online data.
JOINT STIPULATION OF DISMISSAL
On this the 30th day of May 2023, Defendant MidFirst Bank, incorrectly named as Midland Mortgage, by and through its undersigned counsel Shelley L. Hopkins and Plaintiff Amber Talley, by and through her undersigned counsel Erick DeLaRue (collectively, the “Parties”), hereby stipulate that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims and causes of action asserted by Plaintiff against Defendant in this suit are dismissed with prejudice.
Respectfully submitted,
By: /s/ Shelley L. Hopkins
Shelley L. Hopkins
State Bar No. 24036497
SD ID No. 926469
HOPKINS LAW, PLLC
3 Lakeway Centre Ct., Suite 110
Austin, Texas 78734
(512) 600-4320
BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP – Of Counsel
ShelleyH@bdfgroup.com
shelley@hopkinslawtexas.com
Robert D. Forster, II
State Bar No. 24048470
SD ID No. 2647781
BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
4004 Belt Line Road, Ste. 100
Addison, Texas 75001
(972) 386-5040
RobertFO@bdfgroup.com
Attorneys for Defendants
By: /s/Erick DeLaRue (w/ permission)
Erick DeLaRue
State Bar No. 24103505
Law Office of Erick DeLaRue, PLLC
2800 Post Oak Boulevard, Suite 4100
Houston, Texas 77056
(713) 899-6727
erick.delarue@delaruelaw.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the 30th day of May 2023, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF filing system, and will send a true and correct copy to the following:
Erick DeLaRue
Law Office of Erick DeLaRue, PLLC
2800 Post Oak Boulevard, Suite 4100
Houston, Texas 77056
erick.delarue@delaruelaw.com
Attorney for Plaintiff
/s/ Shelley L. Hopkins
Shelley L. Hopkins
Hopkins hasn’t filed her MTD in less than a week. She’s sittin’ back leisurely and givin’ time to DeLaRogue and his client.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00070
| Talley v. MidFirst Bank Assigned to: Judge Sim Lake
Cause: 12:191 Bank Foreclosure | Date Filed: 01/10/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/21/2023 | 4 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by MidFirst Bank, filed.(Hopkins, Shelley) (Entered: 02/21/2023) |
| 02/21/2023 | 5 | CLERKS NOTICE OF CANCELLATION – Initial Conference set for 3/3/2023 at 02:00 PM before Judge Sim Lake is CANCELED. Parties notified, filed. (sanderson, 4) (Entered: 02/21/2023) |
| 02/21/2023 | 6 | DOCKET CONTROL ORDER: Amended Pleadings due by 4/7/2023. Joinder of Parties due by 4/7/2023. Pltf Expert Witness List/Reports due by 5/5/2023. Deft Expert Witness List/Reports due by 6/9/2023. Discovery due by 8/4/2023. Pretrial Motions/Motions in Limine due by 9/1/2023. Joint Pretrial Order due by 10/6/2023…*** Docket Call set for 10/13/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 02/21/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/11/2023 17:36:18 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00070
| Talley v. MidFirst Bank Assigned to: Judge Sim Lake
Cause: 12:191 Bank Foreclosure | Date Filed: 01/10/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Amber Talley | represented by | Erick Joseph DeLaRue Law Office of Erick DeLaRue, PLLC 2800 Post Oak Boulevard Suite 4100 Houston, TX 77056 713-899-6727 Email: erick.delarue@delaruelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| MidFirst Bank | represented by | Shelley L. Hopkins Hopkins Law, PLLC 3 Lakeway Centre Ct. Suite 110 Austin, TX 78734 512-600-4320 Email: shelley@hopkinslawtexas.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/10/2023 | 1 | NOTICE OF REMOVAL from 240th District Court Fort Bend, case number 22-dcv-299930 (Filing fee $ 402 receipt number ATXSDC-29299902) filed by MidFirst Bank. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Hopkins, Shelley) (Entered: 01/10/2023) |
| 01/12/2023 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/3/2023 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 01/12/2023) |
| 01/12/2023 | 3 | CERTIFICATE OF INTERESTED PARTIES by MidFirst Bank, filed.(Hopkins, Shelley) (Entered: 01/12/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 01/31/2023 14:37:16 |
justice
