The Distressed Sweeney’s Return to Court with Absentee Defense Lawyer Gannon the Cannon

SCHEDULING and DOCKET CONTROL ORDER.

Amended Pleadings due by 3/7/2025. Joinder of Parties due by 3/7/2025 Pltf Expert Report due by 4/8/2025. Deft Expert Report due by 4/23/2025. Discovery due by 5/23/2025. Mediation due by 6/10/2025. Joint Pretrial Order due by 6/25/2025. Docket Call set for 8/19/2025 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge.

(Signed by Judge Charles Eskridge) Parties notified. (jmg4) (Entered: 01/09/2025)

SCHEDULING and DOCKET CONTROL ORDER.

Amended Pleadings due by 3/7/2025. Joinder of Parties due by 3/7/2025 Pltf Expert Report due by 4/8/2025. Deft Expert Report due by 4/23/2025. Discovery due by 5/23/2025. Mediation due by 6/10/2025. Joint Pretrial Order due by 6/25/2025. Docket Call set for 8/19/2025 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge.

(Signed by Judge Charles Eskridge) Parties notified. (jmg4) (Entered: 01/09/2025)

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

Initial Conference set for 2/5/2025 at 10:30 AM in Courtroom 9F before Judge Charles Eskridge.

(Signed by Judge Charles Eskridge) (Attachments: # 1 Attachments) Parties notified. (jmg4) (Entered: 01/02/2025)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-04909

Newrez LLC d/b/a Shellpoint Mortgage Servicing’s Original Notice of Filing Notice of Removal

Citation- Newrez LLC

New case. Bookmark for updates.

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.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255

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)

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

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.

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

/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