The Milk Turned Sour for BDF and MidFirst After LIT Published JD’s Texas Bar Sanction

On Oct. 29, 2019, John David (JD) Milks of Irving, received a three-month fully probated Texas Bar suspension for neglecting a side-client.
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Tharp v. Midland Mortgage

(3:19-cv-02517)

District Court, N.D. Texas

OCT 24, 2019 | REPUBLISHED BY LIT: APR 18, 2022

LIT Published BDF Lawyer JD Milks State Bar of Texas sanction on Jan 16, 2020.

On Jan 17, the very next day, Milks filed to be removed as attorney of record in the Tharp case and before the month was out, the case “settled”.

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:19-cv-02517-E-BN

Tharp v. Midland Mortgage
Assigned to: Judge Ada Brown
Referred to: Magistrate Judge David L. Horan
Magistrate Judge Irma Carrillo Ramirez (Settlement)

Case in other court: 191st District Court of Dallas, County, TX, DC-19-15819

Cause: 28:1331 Fed. Question

Date Filed: 10/24/2019
Date Terminated: 01/30/2020
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question
Plaintiff
Natalie Tharprepresented byJohn Gannon Helstowski
J Gannon Helstowski Law Firm
5209 Heitage Avenue, Suite 510
Colleyville, TX 76034
817-382-3125
Fax: 817-382-1799
Email: jgh@jghfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingJason Taylor
J Gannon Helstowski Law Firm
13601 Preston Road, Suite E920
Dallas, TX 75240
817-382-3125
Fax: 817-382-1799
Email: jason@jghfirm.com
TERMINATED: 11/13/2019
Bar Status: Admitted/In Good Standing
V.
Defendant
Midland Mortgage
A Division of MidFirst Bank, its successors and/or assigns.
represented byCrystal 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
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingJohn David Milks
Barrett Daffin Frappier Turner & Engel LLP
4004 Belt Line Road
Suite 100
Addison, TX 75001
972-341-0611
Fax: 972-341-0783
Email: jdmilks@bdfgroup.com
TERMINATED: 01/21/2020
Bar Status: Admitted/In Good Standing

 

Date Filed#Docket Text
01/29/202020NOTICE of Settlement (Joint) filed by Natalie Tharp (Helstowski, John) (Entered: 01/29/2020)
01/30/202021ORDER: On the parties’ 20 Joint Notice of Settlement, the Court stays all pending pretrial deadlines and the mediation/settlement conference currently scheduled on 1/29/2020. The Court ORDERS the parties to file appropriate dismissal papers by 2/29/2020, or, if they are unable to do so, a joint status report. This case is administratively closed for statistical purposes without prejudice to being reopened to enter an order of dismissal or judgment or for further proceedings if the settlement is not consummated. (Ordered by Judge Ada Brown on 1/30/2020) (twd) (Entered: 01/30/2020)
02/17/202022Joint STIPULATION OF DISMISSAL re 21 Order of Dismissal or Administrative Closure,, by Midland Mortgage. (Attachments: # 1 Proposed Order) (Gibson, Crystal) (Entered: 02/17/2020)
03/18/202023Special Orders 13-5 and 13-6 re: Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic (Ordered by Chief Judge Barbara M. G. Lynn on 3/16/2020 and 3/18/2020)(lrl) (Entered: 03/19/2020)
03/19/202024ELECTRONIC ORDER: The undersigned orders that all civil and criminal bench and jury trials, in-person court hearings, and sentencing proceedings scheduled to take place through May 1, 2020, are continued due to concerns about COVID-19 and consistent with the Northern District of Texas’s Special Order Nos. 13-5 and 13-6, entered by Chief Judge Barbara Lynn on March 13, and March 18, 2020, respectively.

In addition, if the attorneys have been ordered to conduct a face-to-face meeting for purposes of preparing a Rule 26(f) Joint Report, an in-person meeting is no longer required.

These continuances do not modify any pending deadlines other than the trial or hearing dates mentioned above. Attorneys should file a motion with the Court to modify any other deadlines unless, as is the case in some cases transferred to this Court from other judges, the scheduling order allows the parties to reset deadlines by agreement without Court approval.

Due to the Court’s reduced ability to obtain an adequate spectrum of jurors, and due to the reduced availability of attorneys and court staff to be present in courtrooms because of the public health considerations associated with COVID-19, the period of the continuances associated with this Order and Special Order Nos. 13-5 and 13-6 are excluded by the Speedy Trial Act, 18 U.S.C. § 3161(h) and 18 U.S.C. §3161 (h)(7)(A). The Court finds that the ends of justice served by ordering these continuances outweigh the best interests of the public and each defendants right to a speedy trial. In fact, the best interests of the public are served by these continuances.

The Court encourages the parties to communicate with opposing counsel and litigants by video or telephone whenever possible.

(Ordered by Judge Ada Brown on 3/19/2020) (lrl) (Entered: 03/19/2020)

04/10/202025ORDER OF DISMISSAL: It is ORDERED that this cause is dismissed with prejudice. (Ordered by Judge Ada Brown on 4/10/2020) (mla) (Entered: 04/10/2020)
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