BDF Hopkins

Legal Lacuna: Joint Case Management Plan Mutes Injunction Dialogue

Homeowner Gilbert Flores with Bandit Robert Newark versus LoanDepot.com and BDF Hopkins before Federal Judge Andrew Hanen

LIT UPDATE & COMMENTARY

DEC 7, 2024

Flores v. loandepot.com, LLC

(4:24-cv-00834)

District Court, S.D. Texas, Judge Andrew Hanen

MAR 6, 2024 | REPUBLISHED BY LIT: MAY 19, 2024
MAY 19 30, JUN 24 JULY 24, 31, 2024

It’s all gone eerily quiet with no applications for injunctive relief nor any movement on the docket – has the purported Bandit sales offer completed?

AUG 8,  SEP 1 2024

Movement.  JOINT DISMISSAL WITH PREJUDICE

Above is the date LIT Last updated this article.

It’s concerning that there’s no mention of an agreement not to foreclose during these proceedings, especially when settlement discussions are underway. This omission is crucial to document for the benefit of one’s client.

JOINT STIPULATION OF DISMISSAL WITH PREJDUICE

On this the 18th day of September 2024, Defendant LoanDepot.Com, LLC, by and through its undersigned counsel Shelley L. Hopkins and Plaintiff Gilbert Flores, Jr., by and through his undersigned counsel Robert C. Newark, III (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
2802 Flintrock Trace, Suite B103
Austin, Texas 78738
(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

Shawnika L. Brooks State Bar No. 24106058

Motion for Summary Judgment filed.

MINUTE ENTRY ORDER:

The Court conducted the Initial Conference and entered a scheduling order.

Appearances: Robert C Newark, III, Shawnika LaShone Brooks.

Ct Reporter: ERO. Digital Number: 10:48-10:51AM.

(Signed by Magistrate Judge Richard W Bennett)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00834

Flores v. loandepot.com, LLC
Assigned to: Judge Andrew S Hanen

Case in other court:  125th Judicial District Court of Harris County, 24-06592

Cause: 28:1331 Fed. Question

Date Filed: 03/06/2024
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question

 

Date Filed # Docket Text
05/20/2024 7 MINUTE ENTRY ORDER: The Court conducted the Initial Conference and entered a scheduling order. Appearances: Robert C Newark, III, Shawnika LaShone Brooks. Ct Reporter: ERO. Digital Number: 10:48-10:51AM.(Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4) (Entered: 05/20/2024)
05/20/2024 8 SCHEDULING ORDER. ETT: 2-3 days. Bench Trial. Amended Pleadings due by 6/14/2024. Joinder of Parties due by 6/14/2024 Pltf Expert Witness List due by 7/24/2024. Pltf Expert Report due by 7/24/2024. Deft Expert Witness List due by 8/7/2024. Deft Expert Report due by 8/7/2024. Discovery due by 2/10/2025. Dispositive Motion Filing due by 3/21/2025. Non-Dispositive Motion Filing due by 4/30/2025. Responses due by 4/11/2025. Joint Pretrial Order due by 9/17/2025. Final Pretrial Conference set for 10/20/2025 at 01:30 PM in Courtroom 9D before Judge Andrew S Hanen Bench Trial set for 11/3/2025 at 09:00 AM in Courtroom 9D before Judge Andrew S Hanen(Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4) (Entered: 05/20/2024)

 


 

PACER Service Center
Transaction Receipt
05/30/2024 15:46:04

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.

Initial Conference set for 5/30/2024 at 10:45 AM by video before Magistrate Judge Peter Bray.

(Signed by Judge Andrew S Hanen) Parties notified.

(Shannon Holden, 4) (Entered: 03/07/2024)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-00834

Flores v. loandepot.com, LLC
Assigned to: Judge Andrew S Hanen

Case in other court:  125th Judicial District Court of Harris County, 24-06592

Cause: 28:1331 Fed. Question

Date Filed: 03/06/2024
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Federal Question

 

Date Filed # Docket Text
03/06/2024 1 NOTICE OF REMOVAL from 125th District Court of Harris County, case number 2024-06592 (Filing fee $ 405 receipt number ATXSDC-31292893) filed by loandepot.com, LLC. (Attachments: # 1 Exhibit Index of Matters, # 2 Civil Cover Sheet Civil Coversheet, # 3 Exhibit State Docket, # 4 Exhibit State Court File, # 5 Exhibit List of All Counsel of Record)(Brooks, Shawnika) (Entered: 03/06/2024)
03/07/2024 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/30/2024 at 10:45 AM by video before Magistrate Judge Peter Bray. (Signed by Judge Andrew S Hanen) Parties notified.(ShannonHolden, 4) (Entered: 03/07/2024)
03/22/2024 3 CERTIFICATE OF INTERESTED PARTIES by loandepot.com, LLC, filed. (Brooks, Shawnika) (Entered: 03/22/2024)
04/25/2024 4 NOTICE of Resetting. Parties notified. Initial Conference set for 5/20/2024 at 10:45 AM in by video before Magistrate Judge Richard W Bennett, filed. (svj4) (Entered: 04/25/2024)
05/13/2024 5 JOINT DISCOVERY/CASE MANAGEMENT PLAN by loandepot.com, LLC, filed. (Brooks, Shawnika) (Entered: 05/13/2024)
05/14/2024 6 PROPOSED ORDER scheduling order, filed. (Brooks, Shawnika) (Entered: 05/14/2024)

 


 

PACER Service Center
Transaction Receipt
05/19/2024 08:38:03

202406592 –

FLORES, GILBERT vs. LOANDEPOT.COM LLC 

(Court 125, JUDGE KYLE CARTER)

JAN 31, 2024 | REPUBLISHED BY LIT: MAY 19, 2024
APR 27, 2024

Above is the date LIT Last updated this article.

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Legal Lacuna: Joint Case Management Plan Mutes Injunction Dialogue
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