Sample v. Midland Mortgage Co
(3:21-cv-03032)
District Court, N.D. Texas
DEC 6, 2021 | REPUBLISHED BY LIT: APR 29, 2022
Shelley Hopkins lets the pro se’s home slip past her grasp as the case is jointly dismissed without prejudice. Hopkins motion for summary judgment jettisoned into the dark galactic atmosphere by the Magistrate Judge Irma Ramirez.
ORDER: The parties SHALL participate in mediation no later than 7/30/2022.
If they cannot agree on a mediator, they may request a referral to another United States Magistrate Judge in this district for a settlement conference, which may be conducted by video conference.
(Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/30/2022) (mcrd)
(Entered: 06/30/2022)
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:21-cv-03032-X-BH
| Sample et al v. Midland Mortgage Co Assigned to: Judge Brantley Starr Referred to: Magistrate Judge Irma Carrillo Ramirez
Cause: 28:1441 Notice of Removal | Date Filed: 12/06/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/07/2022 | 15 | NOTICE of Mediation filed by Midland Mortgage Co (Hopkins, Shelley) (Entered: 06/07/2022) |
| 06/08/2022 | 16 | Order to Show Cause. No later than 6/29/2022, the parties shall either file a joint status report reflecting participation in mediation or show cause in writing for their failure to comply with the scheduling order by timely engaging in mediation. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/8/2022) (mcrd) (Entered: 06/08/2022) |
| 06/14/2022 | 17 | STATUS REPORT and Estimate of Trial Length filed by Midland Mortgage Co. (Hopkins, Shelley) (Entered: 06/14/2022) |
| 06/21/2022 | 18 | MOTION for Summary Judgment filed by Midland Mortgage Co (Attachments: # 1 Proposed Order) (Hopkins, Shelley) (Entered: 06/21/2022) |
| 06/21/2022 | 19 | Brief/Memorandum in Support filed by Midland Mortgage Co re 18 MOTION for Summary Judgment (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s)) (Hopkins, Shelley) (Entered: 06/21/2022) |
| 06/22/2022 | 20 | ORDER re: 18 Defendant’s Motion for Summary Judgment. The plaintiffs may file a response by 7/12/2022. The defendant may file a reply by 7/26/2022. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/22/2022) (mcrd) (Entered: 06/22/2022) |
| 06/29/2022 | 21 | Unopposed MOTION for Leave to File Amended Brief in Support of Motion for Summary Judgment filed by Midland Mortgage Co (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Hopkins, Shelley) (Entered: 06/29/2022) |
| 06/29/2022 | 22 | REPORT Regarding Mediation filed by Midland Mortgage Co. (Hopkins, Shelley) Modified text on 6/30/2022 (jmg). (Entered: 06/29/2022) |
| 06/30/2022 | 23 | ORDER granting 21 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/30/2022) (jmg) (Entered: 06/30/2022) |
| 06/30/2022 | 24 | Amended Brief/Memorandum in Support filed by Midland Mortgage Co re 18 MOTION for Summary Judgment. (jmg) (Entered: 06/30/2022) |
| 06/30/2022 | 25 | ORDER: The parties SHALL participate in mediation no later than 7/30/2022. If they cannot agree on a mediator, they may request a referral to another United States Magistrate Judge in this district for a settlement conference, which may be conducted by video conference. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/30/2022) (mcrd) (Entered: 06/30/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/01/2022 13:04:08 |
No movement since Apr. 22, 2022.
The alarm bells are a-ringin’ over at LIT. If this is a test, we pass and Magistrate Judge Irma Ramirez fails miserably.
Look at Lawyer Mark Sessums Motion to Withdraw for a minute and you easily spot a critical error;
Sesumms said he conferred with Crystal Gibson on April 11, under the penalty of perjury, when he was aware from at least March 13/14 that she no longer worked for BDF ( LIT is aware she left effective March 4) and was off this case (see Shelley Hopkins motion herein).
Yet Magistrate Ramirez would GRANT Sessums “motion” within 24 hrs of filing, allowing him to withdraw.
UNOPPOSED MOTION TO WITHDRAW
Pursuant to Local Rule 83.12(a), Plaintiff’s Apollo Sample and Shelby Sample (“Plaintiffs”) file this Motion for Mark Thomas Sessums to Withdraw as Counsel for Plaintiffs (“Motion”) and in support thereof, show the Court the following:
1. Good cause exists for withdrawal of Movants counsel because Plaintiffs have failed to comply with the terms of the employment agreement.
Per the Plaintiffs’ contract with Counsel, Counsel may terminate representation of Plaintiffs due to Plaintiffs’ failure to comply with the employment agreement.
Plaintiffs have also failed to respond in a timely fashion and Counsel is unable to effectively communicate with Plaintiffs in a manner consistent with good attorney-client relations.
2. Plaintiffs have been notified that they need to obtain new counsel.
3. A copy of this Motion has been delivered to and approved by Plaintiffs, as evidenced by Plaintiffs’ signatures herein below.
4. This motion is not sought for the purpose of delay and will not result in a delay in the case.
5. Plaintiffs were notified of this motion and their right to object.
7. Based on the foregoing, Movants ask this Court to grant their Motion to Withdraw. A copy of this motion has been delivered to Apollo Sample and Shelby Sample. Apollo Sample and Shelby Sample have consented to the motion. In compliance with local rule Rule 83.12(a) the last known address of Plaintiffs is:
Apollo Sample and Shelby Sample
9210 Vagas Drive,
Rowlett, Texas 75008.
thealpigroup@gmail.com
214-680-9454
a. Discovery and Discovery Motions
All discovery shall be initiated in time to be completed by May 24, 2022.
Any motions to compel discovery must be filed no later than April 24, 2022 in order to allow sufficient time for determination prior to the expiration of the discovery period.
No discovery requests have been served by either party in this case.
There have not been any oral depositions in this case.
b. Expert Witnesses
Any party who bears the burden of proof on an issue shall designate its expert witnesses and provide expert reports to the other party no later than March 16, 2022.
Any party without the burden of proof on an issue shall designate its responsive expert witness and provide expert reports to the other party no later than April 15, 2022.
Rebuttal experts must be designated within twenty (20) days of the disclosure of a responsive expert.
Objections to expert witnesses under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), shall be filed no later than July 19, 2022. Objections not filed shall be deemed waived.
c. Mediation
No later than June 7, 2022, the parties are to engage in mediation. A party with full settlement authority up to the limits of the opposing party’s demand must be present throughout the discussions.
d. Joint Estimate of Trial Length and Status Report
The parties must file a joint estimate of trial length and joint status report concerning the progress of settlement negotiations no later than June 14, 2022.
e. Dispositive Motions
No later than June 21, 2022, all dispositive motions shall be filed.
f. Motions Not Otherwise Covered
A party must file a motion not otherwise covered by this order no later than June 21, 2022.
WHEREFORE, Movants respectfully request that the Court enter an Order allowing Mark Thomas Sessums to withdraw from the above-styled cause.
Respectfully submitted,
/s/ Mark Thomas Sessums
Mark Thomas Sessums
State Bar No. 24090887
mark@sessums-law.com
I, Mark Sessums, certify that on April 11th, 2022 I conferred with counsel for Plaintiff, Crystal Gibson, regarding the issues contained in the motion, and counsel has indicated that they do not oppose this motion.
/s/ Mark Thomas Sessums
Mark Thomas Sessums
CERTIFICATE OF SERVICE
I hereby certify that on the April 11th, 2022, I electronically filed the foregoing document with the Clerk of the United States District Court for the Northern District of Texas, using the electronic case filing system of the Court causing it to be served electronically on counsel of record for all parties.
/s/ Mark Thomas Sessums
Mark Thomas Sessums
UNOPPOSED MOTION TO ALLOW CRYSTAL G. GIBSON TO WITHDRAW AS COUNSEL FOR DEFENDANT (MARCH 14, 2022)
Defendant Midland Mortgage, a Division of MidFirst Bank (incorrectly named herein as Midland Mortgage Co.) (“Defendant”) file this Motion to Allow Crystal G. Gibson to Withdraw as Counsel for Defendant (“Motion”).
Ms. Gibson is no longer with the law firm of Barrett Daffin Frappier Turner & Engel, LLP.
Accordingly, Defendant seeks leave to allow Ms. Gibson to immediately withdraw as counsel for the Defendant in the above-referenced matter.
The Defendant will not be prejudiced by Ms. Gibson’s withdrawal because Shelley L. Hopkins and Robert D. Forster, II will remain as counsel for the Defendant.
Granting this Motion will not harm or prejudice the Plaintiffs, nor will granting this Motion cause undue delay.
Defendant respectfully requests that this Motion be granted, that Ms. Gibson be immediately withdrawn as counsel of record for Defendant, that by Court Order the docket be amended to reflect that Ms. Gibson has withdrawn as counsel for Defendant, and that Ms. Gibson no longer be noticed of any pleadings, motions, or other documents filed or served in this case.
Defendant respectfully requests that Shelley L. Hopkins and Robert D. Forster, II continue to be provided with copies of all correspondence, pleadings, or other documents in this case as counsel for Defendant.
Respectfully submitted,
By: /s/ Shelley L. Hopkins
Shelley L. Hopkins
State Bar No. 24036497
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
BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
4004 Belt Line Road, Ste. 100
Addison, Texas 75001
(972) 386-5040
(972) 341-0734 (Facsimile)
RobertFO@bdfgroup.com
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF CONFERENCE
I hereby certify that on this 13th day of March 2022, I conferred with counsel for Plaintiffs via e-mail regarding the contents of this motion. Counsel for Plaintiffs indicated they are unopposed.
/s/ Shelley L. Hopkins
Shelley L. Hopkins
CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of March 2022, 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:
VIA ECF:
Mark T. Sessums
P.O. Box 150573
Austin, Texas 78715
mark@sessums-law.com
ATTORNEYS FOR PLAINTIFF
/s/ Shelley L. Hopkins
Shelley L. Hopkins
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:21-cv-03032-X-BH
| Sample et al v. Midland Mortgage Co Assigned to: Judge Brantley Starr Referred to: Magistrate Judge Irma Carrillo Ramirez
Cause: 28:1441 Notice of Removal | Date Filed: 12/06/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Apollo Sample | represented by | Apollo Sample 9210 Vagas Drive Rowlett, TX 75008 214-680-9454 PRO SEMark Thomas Sessums The Law Office of Mark T Sessums 8526 Dempsey Ln Austin, TX 78748 512-297-6832 Fax: 512-975-2045 Email: mark@sessums-law.com TERMINATED: 04/22/2022 Bar Status: Admitted/In Good Standing |
| Plaintiff | ||
| Shelby Sample | represented by | Shelby Sample 9210 Vagas Drive Rowlett, TX 75008 214-680-9454 PRO SEMark Thomas Sessums (See above for address) TERMINATED: 04/22/2022 Bar Status: Admitted/In Good Standing |
| V. | ||
| Defendant | ||
| Midland Mortgage Co | represented by | Shelley L Hopkins Hopkins Law PLLC 3 Lakeway Centre Ct Suite 110 Austin, TX 78734 512-600-4320 Email: shelley@hopkinslawtexas.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good StandingCrystal Gee Gibson Barrett Daffin Frappier Turner & Engel 4004 Belt Line Road, Suite 100 Addison, TX 75001 972-340-7901 Fax: 972-341-0734 Email: cgibson@feesmith.com TERMINATED: 03/15/2022 Bar Status: Admitted/In Good StandingRobert Davis Forster , II Barrett Daffin Frappier Turner & Engel LLP 15000 Surveyor Blvd Suite 100 Addison, TX 75001 972-340-7948 Fax: 972-341-0734 Email: robertfo@bdfgroup.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/06/2021 | 1 | NOTICE OF REMOVAL filed by Midland Mortgage Co.. (Filing fee $402; receipt number 0539-12432933) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Attachments: # 1 Exhibit(s) A- State Court Pleadings, # 2 Exhibit(s) B-Rockwall Co CAD, # 3 Exhibit(s) C-List of All Counsel, # 4 Exhibit(s) D-State court notice, # 5 Exhibit(s) E-Disclosure and Certificate of Interested Parties, # 6 Cover Sheet, # 7 Cover Sheet Supplement) (Gibson, Crystal) (Entered: 12/06/2021) |
| 12/06/2021 | 2 | New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (oyh) (Entered: 12/06/2021) |
| 12/13/2021 | 3 | ANSWER to Complaint filed by Midland Mortgage Co. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Gibson, Crystal) (Entered: 12/13/2021) |
| 12/14/2021 | 4 | ORDER: Proposed Scheduling Order due by 1/4/2022. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/14/2021) (mcrd) (Entered: 12/14/2021) |
| 01/03/2022 | 5 | Proposal for contents of scheduling and discovery order by Plaintiffs and by Midland Mortgage Co. (Gibson, Crystal) (Entered: 01/03/2022) |
| 01/04/2022 | 6 | ORDER: Amended Pleadings due by 2/23/2022. Discovery due by 5/24/2022. Joinder of Parties due by 2/23/2022. Deadline for mediation is on or before 6/7/2022. Motions due by 6/21/2022. Status Report due by 6/14/2022. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/4/2022) (mcrd) (Entered: 01/04/2022) |
| 01/04/2022 | 7 | NOTICE of Compliance of serving Rule 26(A) Initial Disclosuress filed by Midland Mortgage Co (Gibson, Crystal) (Entered: 01/04/2022) |
| 01/15/2022 | 8 | NOTICE of Compliance of serving Rule 26(A) Initial Disclosures filed by Apollo Sample, Shelby Sample (Sessums, Mark) (Entered: 01/15/2022) |
| 02/22/2022 | 9 | NOTICE of Attorney Appearance by Shelley L Hopkins on behalf of Midland Mortgage Co. (Filer confirms contact info in ECF is current.) (Hopkins, Shelley) (Entered: 02/22/2022) |
| 03/14/2022 | 10 | MOTION to Withdraw as Attorney Crystal Gibson for Defendant filed by Midland Mortgage Co (Attachments: # 1 Proposed Order) (Hopkins, Shelley) (Entered: 03/14/2022) |
| 03/15/2022 | 11 | ORDER granting the 10 Motion to Withdraw as Counsel. Crystal G. Gibson is hereby withdrawn as counsel of record for Defendant. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/15/2022) (mcrd) (Entered: 03/15/2022) |
| 04/20/2022 | 12 | Designation of Experts by Midland Mortgage Co. (Hopkins, Shelley) (Entered: 04/20/2022) |
| 04/21/2022 | 13 | Unopposed MOTION to Withdraw as Attorney for Plaintiffs filed by Apollo Sample, Shelby Sample. (Attachments: # 1 Proposed Order) (Sessums, Mark) Modified text on 4/22/2022 (mjr). (Entered: 04/21/2022) |
| 04/22/2022 | 14 | ORDER granting the 13 Motion to Withdraw as Counsel. Mark T Sessums is hereby withdrawn as counsel of record for Plaintiffs. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 4/22/2022) (mcrd) (Entered: 04/22/2022) |
justice
