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In the prior action before the state court, the allegations of non-receipt of notice of foreclosure persists again with new counsel.
In the disposed federal court case before Judge Hanen, wrongful foreclosure and breach of contract claims along with declaratory relief were all addressed as counts of the Sweeney’s complaint, as they became pro se litigants after Medearis withdrew and the Sweeney’s did not file a response to the motion for summary judgment.
Here again, the Sweeney’s represented by counsel allege similar allegations, although there are new causes of action.
Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
---|---|---|---|---|---|---|
202476221- 7 Active – Civil |
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3/2/2020 | 133 | Civil | Other Property | |
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11/4/2019 | 127 | Civil | Other Property | |
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8/5/2019 | 281 | Civil | Other Property | |
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8/2/2019 | 133 | Civil | Other Property | |
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201944897- 7 Disposed (Final) |
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7/2/2019 | 295 | Civil | Other Property | |
201944627- 7 Disposed (Final) |
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201944719- 7 Disposed (Final) |
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7/1/2019 | 334 | Civil | Other Property | |
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6/4/2018 | 189 | Civil | Other Property | |
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DIXON, ERNESTINE vs. BANK OF NEW YORK MELLON (F/K/A THE BANK OF NEW YOR | 4/30/2018 | 127 | Civil | Other Property | |
201750789- 7 Disposed (Final) |
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8/1/2017 | 295 | Civil | Other Property | |
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LIT nailed it calling ’em “Scumbags”. The latest @FOX26Houston highlights a recent lawsuit involving fraudsters HREAL: It’s the tip of the iceberg as there’s a cartel going on relative to this property scam, from the steps of the auction to the courthouse. https://t.co/grJWnVCxYV pic.twitter.com/r5x42BCKI5
— lawsinusa (@lawsinusa) October 27, 2024
Sweeney v. NewRez, LLC
(4:22-cv-00255)
District Court, S.D. Texas
JAN 25, 2022 | REPUBLISHED BY LIT: MAR 11, 2022
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255
Sweeney et al v. NewRez, LLC Assigned to: Judge Andrew S Hanen Demand: $300,775,000
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 01/25/2022 Date Terminated: 02/21/2024 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
10/10/2022 | 14 | INITIAL DISCLOSURES by Jill Sweeney, Patrick Sweeney, filed.(Medearis, David Miller) (Entered: 10/10/2022) |
10/11/2022 | 15 | MOTION for 28 USC 1927 Sanctions by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 11/1/2022. (mmarquez, 5) (Entered: 10/11/2022) |
11/01/2022 | 16 | Opposed RESPONSE Plaintiff’s Motion for Sanctions, filed by Jill Sweeney. (Medearis, David Miller) (Entered: 11/01/2022) |
11/03/2022 | 17 | PROPOSED ORDER on Plaintiffs’ Motion for Sanction and Plaintiffs’ Counsel’s Motion to Withdraw, filed.(Medearis, David Miller) (Entered: 11/03/2022) |
01/31/2023 | 18 | ORDER Motion Hearing set for 2/13/2023 at 01:30 PM in Courtroom 9D before Judge Andrew S Hanen(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins) (Entered: 01/31/2023) |
02/13/2023 | 19 | ORDER STAYING CASE for 60 days; Denying 15 MOTION for Sanctions; Granting David Medearis’s Motion to Withdraw. Attorney David Medearis terminated, case stayed, Motion(s) terminated: 15 MOTION for Sanctions. The stay will be automatically lifted on Friday, April 14, 2023.(Signed by Judge Andrew S Hanen) Parties notified.(LaurenWebster, 4) (Entered: 02/13/2023) |
05/12/2023 | 20 | Plaintiffs Combined Amended Set of Interrogatories by Jill Sweeney, Patrick Sweeney, filed.(DarleneHansen, 4) (Entered: 05/12/2023) |
05/19/2023 | 21 | NOTICE of Related Cases by NewRez, LLC, filed. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Cho, Justin) (Entered: 05/19/2023) |
05/24/2023 | 22 | AMENDED PETITION against NewRez, LLC filed by Jill Sweeney, Patrick Sweeney.(AkeitaMichael, 4) (Entered: 05/24/2023) |
07/13/2023 | 23 | MOTION to Compel Defendant to provide response to discovery requests by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 8/3/2023. (HeatherCarr, 4) (Entered: 07/13/2023) |
08/01/2023 | 24 | MOTION for Leave to File Exceed Page Limits by NewRez, LLC, filed. Motion Docket Date 8/22/2023. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibits to MSJ)(Cho, Justin) (Entered: 08/01/2023) |
08/01/2023 | 25 | MOTION for Summary Judgment and Brief in Support by NewRez, LLC, filed. Motion Docket Date 8/22/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit A1, # 3 Exhibit A2, # 4 Exhibit A3, # 5 Exhibit A4, # 6 Exhibit A5, # 7 Exhibit A6, # 8 Exhibit A7, # 9 Exhibit A8, # 10 Exhibit A9, # 11 Exhibit A10, # 12 Exhibit A11, # 13 Exhibit A12, # 14 Exhibit A13, # 15 Exhibit A14, # 16 Exhibit A15, # 17 Exhibit A16, # 18 Exhibit A17, # 19 Exhibit A18, # 20 Exhibit A19, # 21 Exhibit A20, # 22 Exhibit A21, # 23 Exhibit A22, # 24 Exhibit A23, # 25 Exhibit A24, # 26 Exhibit A25, # 27 Exhibit A26, # 28 Exhibit A27, # 29 Exhibit A27-1, # 30 Exhibit A28, # 31 Exhibit A29, # 32 Exhibit A30, # 33 Exhibit A31, # 34 Exhibit B, # 35 Exhibit B1, # 36 Exhibit B2, # 37 Exhibit B3, # 38 Exhibit B4, # 39 Exhibit B5, # 40 Exhibit B6, # 41 Exhibit B7, # 42 Exhibit B8, # 43 Appendix 1, # 44 Appendix 2, # 45 Proposed Order)(Cho, Justin) (Entered: 08/01/2023) |
08/03/2023 | 26 | RESPONSE to 23 MOTION to Compel Defendant to provide response to discovery requests filed by NewRez, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cho, Justin) (Entered: 08/03/2023) |
08/03/2023 | 27 | PROPOSED ORDER re: 26 Response to Motion, filed.(Cho, Justin) (Entered: 08/03/2023) |
08/23/2023 | 28 | Plaintiff’s answer to defendants 27 RESPONSE to 23 MOTION to Compel Defendant to provide response to discovery requests filed by Jill Sweeney, Patrick Sweeney. (AaronJackson, 4) (Entered: 08/23/2023) |
09/05/2023 | 29 | REPLY to 28 Response to Motion , filed by NewRez, LLC. (Overbey, Jeremy) (Entered: 09/05/2023) |
01/18/2024 | 30 | ORDER granting 24 Motion for Leave to Exceed Page Limits.(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 01/19/2024) |
01/29/2024 | 31 | Joint Proposed Pretrial Order by NewRez, LLC (Attachments: # 1 Proposed Order Joint Pretrial Order vf.2)(Cho, Justin) (Entered: 01/29/2024) |
01/29/2024 | 32 | Proposed Findings of Fact/Conclusions of Law by NewRez, LLC (Attachments: # 1 Proposed Order Defendant’s Proposed Findings of Fact and Conclusions of Law (Sweeneys v. NewRez) vf.2)(Cho, Justin) (Entered: 01/29/2024) |
02/21/2024 | 33 | ORDER denying 23 Motion to Compel.(Signed by Judge Andrew S Hanen) Parties notified.(RhondaHawkins) (Entered: 02/21/2024) |
02/21/2024 | 34 | ORDER granting 25 Motion for Summary Judgment.(Signed by Judge Andrew S Hanen) Parties notified.(RhondaHawkins) (Entered: 02/21/2024) |
03/11/2024 | 35 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 34 Order on Motion for Summary Judgment, 33 Order on Motion to Compel by Jill Sweeney, Patrick Sweeney, filed. (BenjaminRomero, 4) (Entered: 03/13/2024) |
03/14/2024 | 36 | Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 35 Notice of Appeal. Fee status: Not Paid. Reporter(s): K. Miller, ERO, filed. (Attachments: # 1 Notice of Appeal) (JuanitaTabares, 1) (Entered: 03/14/2024) |
03/28/2024 | 37 | Notice of Non-Compliance. The appellant (or counsel for the appellant, if represented) has failed to: Pay the notice of appeal filing fee. Submit the DKT13 transcript order form. Parties notified, filed. (edg1) (Entered: 03/28/2024) |
04/26/2024 | 38 | Order of USCA re: 35 Notice of Appeal ; USCA No. 24-20098. The appeal is dismissed as of April 25, 2024, for want of prosecution. The appellants failed to timely pay the docketing fee, filed. (edg1) (Entered: 04/26/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
11/01/2024 02:34:11 |
ORDER granting 25 Motion for Summary Judgment.(Signed by Judge Andrew S Hanen) Parties notified.(RhondaHawkins)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255
Create an Alert for This Case on RECAP
Sweeney et al v. NewRez, LLC Assigned to: Judge Andrew S Hanen Demand: $300,775,000
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 01/25/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
07/20/2022 | 10 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by NewRez, LLC, filed. (Attachments: # 1 Proposed Order [Proposed] Scheduling Order)(Cho, Justin) (Entered: 07/20/2022) |
07/21/2022 | 11 | ORDER denying 7 Motion to Remand.(Signed by Judge Andrew S Hanen) Parties notified.(rguerrero, 4) (Entered: 07/22/2022) |
08/11/2022 | 12 | MINUTE ENTRY ORDER: The Court conducted the Initial Conference and entered a Scheduling Order. Appearances: Justin Kyueun Cho, David Miller Medearis. Ct Reporter: ERO. Digital Number: 11:07-11:08AM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 08/11/2022) |
08/11/2022 | 13 | SCHEDULING ORDER. ETT: 2 days. Bench. Amended Pleadings due by 11/1/2022. Joinder of Parties due by 11/1/2022 Pltf Expert Witness List due by 3/1/2023. Pltf Expert Report due by 3/1/2023. Deft Expert Witness List due by 4/3/2023. Deft Expert Report due by 4/3/2023. Discovery due by 7/3/2023. Dispositive Motion Filing due by 8/1/2023. Non-Dispositive Motion Filing due by 10/2/2023. Responses due by 8/31/2023. Joint Pretrial Order due by 1/29/2024. Final Pretrial Conference set for 2/26/2024 at 01:30 PM in Courtroom 9C before Judge Andrew S Hanen Jury Trial set for 3/11/2024 at 09:00 AM in Courtroom 9C before Judge Andrew S Hanen(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 08/11/2022) |
10/10/2022 | 14 | INITIAL DISCLOSURES by Jill Sweeney, Patrick Sweeney, filed.(Medearis, David Miller) (Entered: 10/10/2022) |
10/11/2022 | 15 | MOTION for 28 USC 1927 Sanctions by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 11/1/2022. (mmarquez, 5) (Entered: 10/11/2022) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
10/11/2022 21:00:32 |
It’s been remanded to state court as there’s a Rule 11 letter from the Sweeney’s lawyer on May 23, 2022 asking for time until Jun 9 to file a response. He’s missed that deadline. We will keep tracking the case(s).
Motion and responses to Motion to Remand fully briefed, waiting for Judge Hanen to rule.
Last entry on May 2, 2022; Set/Reset Deadlines/Hearings
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255
Create an Alert for This Case on RECAP
Sweeney et al v. NewRez, LLC Assigned to: Judge Andrew S Hanen Demand: $300,775,000
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 01/25/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
03/15/2022 | 8 | RESPONSE in Opposition to 7 MOTION to Remand, filed by NewRez, LLC. (Attachments: # 1 Exhibit 1 – Harris County Appraisal District Valuation of Property, # 2 Proposed Order [Proposed] Order Denying Plaintiffs’ Motion to Remand)(Cho, Justin) (Entered: 03/15/2022) |
03/31/2022 | 9 | PROPOSED ORDER re: 7 MOTION to Remand, filed.(Medearis, David Miller) (Entered: 03/31/2022) |
NOTICE OF REMOVAL TO FEDERAL COURT
TO THE HONORABLE JUDGE OF THE 113TH JUDICIAL DISTRICT COURT:
Please take notice that in accordance with federal law, Defendant, NewRez, LLC, f/k/a New Penn Financial LLC, d/b/a Shellpoint Mortgage Servicing (“Defendant”), has filed with the clerk of the United States District Court for the Southern District of Texas, Houston Division, a Notice of Removal as of today, January 24, 2022 (“Notice”). A true and correct copy of the Notice is attached as Exhibit 1 and filed with this document. Accordingly, this action is removed
to the United States District Court for the Southern District of Texas, Houston Division. This Court is respectfully requested to proceed no further in this cause, unless and until such time as the action may be remanded by order of the United States District Court.
Respectfully submitted,
/s/ Justin K. Cho
Allen Smith
Texas Bar I.D. 18616900
asmith@settlepou.com
Jeremy J. Overbey
Texas Bar I.D. 24046570
joverbey@settlepou.com
Justin K. Cho
Texas Bar I.D. 24101618
jcho@settlepou.com
SETTLEPOU
3333 Lee Parkway,
Eighth Floor Dallas,
Texas 75219
(214) 520-3300
(214) 526-4145 (Facsimile)
ATTORNEYS FOR DEFENDANT NEWREZ, LLC
Certificate of Service
I certify that this document was served in accordance with the Texas Rules of Civil Procedure on January 25, 2022, by the manner indicated upon the following persons:
Via E-Service:
David M. Medearis
Douglas ‘Doug’ Downing
Sullins, Johnston, Rohrbach & Magers 3200 Southwest Freeway, Suite 2200
Houston, Texas 77027
dmedearis@sjrm.com
ATTORNEYS FOR PLAINTIFFS
/s/ Justin K. Cho
Justin K. Cho
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Tracy Goode on behalf of Justin Cho
Bar No. 24101618
tgoode@settlepou.com
Envelope ID: 61138189
Status as of 1/25/2022 4:04 PM CST
Case Contacts
Name | BarNumber | TimestampSubmitted | Status | |
Justin K.Cho | jcho@settlepou.com | 1/25/2022 3:39:34 PM | SENT | |
J. Allen Smith | asmith@settlepou.com | 1/25/2022 3:39:34 PM | SENT | |
Jeremy J. Overbey | joverbey@settlepou.com | 1/25/2022 3:39:34 PM | SENT | |
Alexa Rivera | ARivera@sjrm.com | 1/25/2022 3:39:34 PM | SENT | |
Doug Downing | ddowning@sjrm.com | 1/25/2022 3:39:34 PM | SENT | |
David Medearis | dmedearis@sjrm.com | 1/25/2022 3:39:34 PM | SENT |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255
Create an Alert for This Case on RECAP
Sweeney et al v. NewRez, LLC Assigned to: Judge Andrew S Hanen Demand: $300,775,000
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 01/25/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Plaintiff | ||
Patrick Sweeney | represented by | David Miller Medearis Medearis Law Firm, PLLC 1560 W Bay Area Blvd., Suite 304 Friendswood, TX 77546 281-224-7481 Fax: 713-521-3242 Email: David@medearislaw.com (Inactive) LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Douglas Downing Sullins Johnston et al 3200 Southwest Freeway Ste 2200 Houston, TX 77027 713-521-0221 Fax: 713-521-3242 Email: ddowning@sjrm.com TERMINATED: 02/21/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Plaintiff | ||
Jill Sweeney | represented by | David Miller Medearis Medearis Law Firm, PLLC 1560 W Bay Area Blvd., Suite 304 Friendswood, TX 77546 281-24-7481 Fax: 713-521-3242 Email: david@medearislaw.com (Inactive) LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Douglas Downing (See above for address) TERMINATED: 02/21/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
NewRez, LLC New Rez, LLC d/b/a Shellpoint Mortgage Servicing |
represented by | J Allen Smith Settle Pou 3333 Lee Parkway 8th Flr Dallas, TX 75219 214-520-3300 Fax: 214-526-4145 Email: asmith@settlepou.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJeremy Jason Overbey 3333 Lee Parkway 8th Fl Dallas, TX 75219 214-520-3300 Email: joverbey@settlepou.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJustin Kyueun Cho SettlePou 3333 Lee Parkway Fl 8 Dallas, TX 75219 214-520-3300 Email: jcho@settlepou.com ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
01/25/2022 | 1 | NOTICE OF REMOVAL from 113th Judicial District of Harris County, Texas, case number 2021-84227 (Filing fee $ 402 receipt number 0541-27653868) filed by NewRez, LLC. (Attachments: # 1 Exhibit A – Index of Exhibits, # 2 Exhibit B – Copy of State Court Docket Sheet, # 3 Exhibit C1 – Civil Process Request, # 4 Exhibit C2 – Proposed Temporary Restraining Order, # 5 Exhibit C3 – Petition, # 6 Exhibit C4 – Temporary Restraining Order, # 7 Exhibit C5 – Citation, # 8 Exhibit C6 – Cash Deposit of Bond, # 9 Exhibit C7 – Clerk’s Certificate of Cash Deposit, # 10 Exhibit C8 – Request for Issuance of Service of TRO, # 11 Exhibit C9 – Cover Letter for Bond Approval Fee, # 12 Exhibit C10 – Certified Mail Receipt, # 13 Exhibit C11 – Defendant’s Original Answer, # 14 Exhibit D – Federal Civil Cover Sheet, # 15 Exhibit E – List of Counsel of Record, # 16 Exhibit F – Harris County Appraisal District Valuation)(Cho, Justin) (Entered: 01/25/2022) |
01/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/10/2022 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(ShannonHoldenadi, 4) (Entered: 01/26/2022) |
01/31/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by NewRez, LLC, filed.(Cho, Justin) (Entered: 01/31/2022) |
02/09/2022 | 4 | CERTIFICATE OF INTERESTED PARTIES by Jill Sweeney, Patrick Sweeney, filed.(Medearis, David Miller) (Entered: 02/09/2022) |
02/15/2022 | 5 | Unopposed MOTION to Substitute Law Firm for Plaintiff’s Counsel by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 3/8/2022. (Attachments: # 1 Proposed Order Motion to Substitute Law Frim Plaintiff’s Counsel)(Medearis, David Miller) (Entered: 02/15/2022) |
02/21/2022 | 6 | ORDER granting 5 Motion to Substitute Law Firm for Plaintiffs’ Counsel..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 02/23/2022) |
02/25/2022 | 7 | MOTION to Remand by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 3/18/2022. (Attachments: # 1 Exhibit Exhibit A – Original Petition)(Medearis, David Miller) (Entered: 02/25/2022) |