Pineda v. Midland Mortgage
(4:22-cv-01726)
District Court, S.D. Texas
MAY 26, 2022 | REPUBLISHED BY LIT: MAY 28, 2022
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/21/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison.
JOINT STIPULATION OF DISMISSAL
Plaintiffs Isaias Pineda and Alice Clark and Defendants Midland Mortgage, a Division of MidFirst Bank and Barrett Daffin Frappier Turner & Engel, LLP hereby stipulate and agree that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims and causes of action asserted or that could have been asserted by Plaintiffs against Defendants are hereby dismissed.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01726
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| Pineda et al v. Midland Mortgage et al Assigned to: Judge George C Hanks, Jr
Cause: 28:1332 Diversity-Notice of Removal | Date Filed: 05/26/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/08/2022 | 8 | Mail Returned Undeliverable as to attorney James Rivera, III re: 4 Protective Order, filed. (Address updated and re-noticed document) (VanesaAranda, 3) (Entered: 06/08/2022) |
| 06/08/2022 | 9 | Mail Returned Undeliverable as to attorney James Rivera, III re: 3 ORDER on Initial Discovery Protocols, filed. (Address not correct when mailed. Re-noticed document via USPS) (VanesaAranda, 3) (Entered: 06/08/2022) |
| 06/10/2022 | 10 | CERTIFICATE OF INTERESTED PARTIES by Midland Mortgage, filed.(Hopkins, Shelley) (Entered: 06/10/2022) |
| 06/13/2022 | 11 | Mail Returned Undeliverable as to attorney James Rivera, III re: 2 Order for Initial Conference – FORM, filed. The order was re-noticed. (JosephWells, 4) (Entered: 06/13/2022) |
| 06/24/2022 | 12 | STIPULATION of Dismissal by Midland Mortgage, filed.(Hopkins, Shelley) (Entered: 06/24/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/24/2022 12:30:22 |
There’s the answer to our question. Mark Hopkins files a premature Motion to Dismiss on June 2nd, which is stricken by Judge George Hanks on June 6th.
Gettin’ a bit rusty there Mark Hopkins after you went AWOL for weeks? Nah, you don’t like conferencing with pro se homeowners, because you think you’re above the law.
Answer to State Court Petition/Notice of Removal and Dismiss for Failure to State a Claim filed prematurely (before Initial Status Conference) by Shelley Hopkins. The arrogance is overbearing, and yet Texas Federal District Judge Jason Pulliam’s standing order makes it clear, federal courts will strike such abusive motions. What will Judge Hanks and Edison decide to do, let it percolate? If that is the stance, it is err as this should be addressed, swiftly.
Case Removed May 26 May by Shelley Hopkins but no sign of Mark Hopkins Defending BDF in Federal Removal, as per usual…
Assigned to Judge George Hanks.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01726
Create an Alert for This Case on RECAP
| Pineda et al v. Midland Mortgage et al Assigned to: Judge George C Hanks, Jr
Cause: 28:1332 Diversity-Notice of Removal | Date Filed: 05/26/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Isaias Pineda | represented by | James Rivera , III Attorney at Law 314 N Post Oak Ln Suite 100 Houston, TX 77024 713-521-7373 Fax: 713-682-8403 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Alice Clark | represented by | James Rivera , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Midland Mortgage Division of 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 |
| Defendant | ||
| Barrett Daffin Frappier Turner & Engel, LLP | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 05/26/2022 | 1 | NOTICE OF REMOVAL from 55th Judicial District Court, Harris County, Texas, case number 2022-25763 (Filing fee $ 402 receipt number ATXSDC-28237418) filed by Midland Mortgage, a Division of MidFirst Bank. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Hopkins, Shelley) (Entered: 05/26/2022) |
| 05/27/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/21/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(AkeitaMichael, 4) (Entered: 05/27/2022) |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-01726
Create an Alert for This Case on RECAP
| Pineda et al v. Midland Mortgage et al Assigned to: Judge George C Hanks, Jr
Cause: 28:1332 Diversity-Notice of Removal | Date Filed: 05/26/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/26/2022 | 1 | NOTICE OF REMOVAL from 55th Judicial District Court, Harris County, Texas, case number 2022-25763 (Filing fee $ 402 receipt number ATXSDC-28237418) filed by Midland Mortgage, a Division of MidFirst Bank. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Hopkins, Shelley) (Entered: 05/26/2022) |
| 05/27/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/21/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(AkeitaMichael, 4) (Entered: 05/27/2022) |
| 05/31/2022 | 3 | ORDER on Initial Discovery Protocols for Residential Mortgage Cases.(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 05/31/2022) |
| 05/31/2022 | 4 | STANDING PROTECTIVE ORDER. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 05/31/2022) |
| 06/02/2022 | 5 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Barrett Daffin Frappier Turner & Engel, LLP, filed. Motion Docket Date 6/23/2022. (Attachments: # 1 Proposed Order)(Hopkins, Mark) (Entered: 06/02/2022) |
| 06/02/2022 | 6 | ANSWER to 1 State Court Petition/Notice of Removal by Midland Mortgage, filed.(Hopkins, Shelley) (Entered: 06/02/2022) |
| 06/06/2022 | 7 | ORDER Striking Document re: 5 Motion to Dismiss for Failure to State a Claim filed by Barrett Daffin Frappier Turner & Engel, LLP.The motion does not comply with the Courts Procedures section 6(B), regarding pre-motion conferences required for particular motions(Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 4) (Entered: 06/06/2022) |
justice
