McCullough v. Midfirst Bank
(4:24-cv-01267)
District Court, S.D. Texas, Judge Kenneth Hoyt
APR 5, 2024 | REPUBLISHED BY LIT: JUL 18, 2024
The case was abated for 60 days – it’s well past that time.
Promptly after our nudge, the case would be dismissed by order on Oct 31, 2024.
Withdraw as Attorney
Order on Motion to Withdraw as Attorney (Sep 23, 2024)
Plaintiff Frederick McCullough, Sr. (“Plaintiff”) and Defendant MidFirst Bank (“MidFirst”) (collectively the “Parties”) file this Agreed Motion to Abate Case, and respectfully show as follows:
1. On March 27, 2024, Plaintiff filed a lawsuit in the 240th Judicial District Court, Harris County, Texas, in an effort to stop the foreclosure sale of his residence located 2706 Rosepoint Court, Fresno, Texas, 77545 (the “Property”). On April 5, 2024, Defendant timely removed the lawsuit to this Court. [Doc. 1].
2. On April 9, 2024, the Court entered an Order For Conference and Disclosure of Interested Parties, which set the initial pretrial and scheduling conference for June 12, 2024. [Doc. 3].
3. The Parties have entered into informal settlement negotiations and anticipate an agreement will be reached in the next thirty (30) days that will resolve the lawsuit. However, the Property has sustained extensive water damage due to a pipe burst, which necessitated the filing of an insurance claim. Repairs will need to be made before the Property can be listed for sale.
Lastly, Plaintiff is currently in divorce proceedings with his wife who is a co-borrower on the Loan Agreement that encumbers the Property, which has also complicated matters. Notwithstanding, the Parties anticipate it will take sixty (60) days to finalize the settlement documentation.
4. Therefore, the Parties submit this Agreed Motion to Abate Case and respectfully request an abatement of this matter until August 12, 2024. This request is not sought for purposes of delay, but so that justice may be done.
5. The Parties have conferred in good faith and request that this Court enter the proposed Order for Abatement being filed concurrent with this Motion.
WHEREFORE, PREMISES CONSIDERED, the Parties pray that this Court abate this suit and all upcoming settings and deadlines, including the Initial Pretrial and Scheduling Conference currently scheduled for June 12, 2024, for at least sixty (60) days.
Respectfully submitted,
By: /s/ Crystal G. Gibson
CRYSTAL G. GIBSON
Texas Bar No. 24027322
cgibson@mwzmlaw.com
MACKIE WOLF ZIENTZ & MANN, P.C.
14160 North Dallas Parkway, Suite 900
Dallas, Texas 75254
Telephone: 214-635-2650
Facsimile: 214-635-2686
ATTORNEYS FOR DEFENDANT
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on June 12, 2024 at 8:45 a.m. Appearances: Waived. Telephonic appearances are waived. Initial Disclosures due by 6/30/2024. Pltf Expert Witness List due by 8/1/2024. Pltf Expert Report due by 8/1/2024. Deft Expert Witness List due by 9/1/2024. Deft Expert Report due by 9/1/2024. Discovery due by 12/15/2024. Dispositive Motion Filing due by 1/10/2025. Docket Call set for 4/7/2025 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney’s fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: TBA. Jury trial. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 06/12/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01267
| McCullough v. Midfirst Bank Assigned to: Judge Kenneth M Hoyt
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 04/05/2024 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Frederick McCullough, Sr. | represented by | Joshua David Gordon The Lane Law Firm, PLLC 6200 Savoy Dr Ste 1150 Houston, TX 77036 713-595-8224 Email: joshua.gordon@lanelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Chamless Lane The Lane Law Firm PLLC 6200 Savoy Dr Ste 1150 Houston, TX 77036-3369 713-595-8200 Fax: 713-595-8201 Email: notifications@lanelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDScott Alexander Lick 1383 Ella Pl Houston, TX 77008 409-370-6566 Email: scottalexlick@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDSerena E. Hudson Toombs Imel & Associates PLLC 777 Post Oak Blvd Suite 950 Houston, TX 77056 713-449-4958 TERMINATED: 05/01/2024 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Midfirst Bank | represented by | Crystal G Gibson Mackie Wolf Zientz & Mann P.C. Litigation 14160 Dallas Parkway Suite 900 Dallas, TX 75254 214-635-2670 Fax: 214-635-2686 Email: cgibson@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Lewis Brisbois Bisgaard & Smith LLP 2100 Ross Ave Ste 2000 Dallas, TX 75201 214-722-7100 Email: mark.cronenwett@lewisbrisbois.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/05/2024 | 1 | NOTICE OF REMOVAL (Filing fee $ 405 receipt number ATXSDC-31435773) filed by Midfirst Bank. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (Cronenwett, Mark) (Entered: 04/05/2024) |
| 04/05/2024 | 2 | CERTIFICATE OF INTERESTED PARTIES by Midfirst Bank, filed. (Cronenwett, Mark) (Entered: 04/05/2024) |
| 04/09/2024 | 3 | ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 6/12/2024 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 04/09/2024) |
| 04/12/2024 | 4 | MOTION for Extension of Time to File Answer or Other Response to Plaintiffs Original Petition by Midfirst Bank, filed. Motion Docket Date 5/3/2024. (Attachments: # 1 Proposed Order) (Cronenwett, Mark) (Entered: 04/12/2024) |
| 04/18/2024 | 5 | ORDER Granting 4 MOTION for Extension of Time to File Answer or Other Response to Plaintiffs Original Petition (Answer date extended until 4/22/2024)(Signed by Judge Kenneth M Hoyt) Parties notified. (mmm4) (Entered: 04/18/2024) |
| 04/22/2024 | 6 | MOTION to Dismiss 12(b)(6), and Brief in Support, by Midfirst Bank, filed. Motion Docket Date 5/13/2024. (Attachments: # 1 Proposed Order) (Cronenwett, Mark) (Entered: 04/22/2024) |
| 04/26/2024 | 7 | NOTICE of Service of its Initial Disclosures, by Midfirst Bank, filed. (Cronenwett, Mark) (Entered: 04/26/2024) |
| 04/29/2024 | 8 | Unopposed MOTION to Substitute Attorney The Lane Law Firm, PLLC in place of Toombs Imel & Associates PLLC by Frederick McCullough, Sr, filed. Motion Docket Date 5/20/2024. (Attachments: # 1 Proposed Order) (Lane, Robert) (Entered: 04/29/2024) |
| 04/29/2024 | 9 | ORDER granting 8 Motion to Substitute Attorney. Attorney Robert Chamless Lane terminated.(Signed by Judge Kenneth M Hoyt) Parties notified. (glc4) (Entered: 04/30/2024) |
| 05/01/2024 | 10 | CORRECTED ORDER granting 8 Unopposed MOTION to Substitute Attorney The Lane Law Firm, PLLC in place of Toombs Imel & Associates PLLC, Attorney Robert Chamless Lane,Joshua David Gordon,Scott Alexander Lick for Frederick McCullough, Sr added Attorney Serena E. Hudson terminated(Signed by Judge Kenneth M Hoyt) Parties notified. (jm4) (Entered: 05/01/2024) |
| 05/13/2024 | 11 | Agreed MOTION for Extension of Time TO RESPOND TO DEFENDANTS MOTION TO DISMISS by Frederick McCullough, Sr, filed. Motion Docket Date 6/3/2024. (Attachments: # 1 Proposed Order) (Lane, Robert) (Entered: 05/13/2024) |
| 05/15/2024 | 12 | ORDER granting 11 Agreed MOTION for Extension of Time TO RESPOND TO DEFENDANTS MOTION TO DISMISS. ORDERED that the time required to respond to the defendants motion to dismiss is extended until May 27, 2024. (Signed by Judge Kenneth M Hoyt) Parties notified. (jm4) (Entered: 05/15/2024) |
| 05/22/2024 | 13 | CERTIFICATE OF INTERESTED PARTIES by Frederick McCullough, Sr, filed. (Lane, Robert) (Entered: 05/22/2024) |
| 05/28/2024 | 14 | AMENDED COMPLAINT with Jury Demand against Midfirst Bank filed by Frederick McCullough, Sr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Lane, Robert) (Entered: 05/28/2024) |
| 05/30/2024 | 15 | NOTICE of Appearance by Crystal G. Gibson on behalf of Midfirst Bank, filed. (Gibson, Crystal) (Entered: 05/30/2024) |
| 06/03/2024 | 16 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Midfirst Bank, filed. (Gibson, Crystal) (Entered: 06/03/2024) |
| 06/11/2024 | 17 | Agreed MOTION to Abate by Midfirst Bank, filed. Motion Docket Date 7/2/2024. (Attachments: # 1 Proposed Order) (Gibson, Crystal) (Entered: 06/11/2024) |
| 06/12/2024 | 18 | ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on June 12, 2024 at 8:45 a.m. Appearances: Waived. Telephonic appearances are waived. Initial Disclosures due by 6/30/2024. Pltf Expert Witness List due by 8/1/2024. Pltf Expert Report due by 8/1/2024. Deft Expert Witness List due by 9/1/2024. Deft Expert Report due by 9/1/2024. Discovery due by 12/15/2024. Dispositive Motion Filing due by 1/10/2025. Docket Call set for 4/7/2025 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney’s fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: TBA. Jury trial. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 06/12/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 07/18/2024 11:04:50 |
justice
