Smith v. Specialized Loan Servicing, LLC
(5:21-cv-00396)
District Court, W.D. Texas
APR 21, 2021 | REPUBLISHED BY LIT: SEP 27, 2021
U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:21-cv-00396-JKP
| Smith v. Specialized Loan Servicing, LLC Assigned to: Judge Jason K. Pulliam
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 04/21/2021 Date Terminated: 03/18/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Rosalee Smith | represented by | John Gannon Helstowski J Gannon Helstowski Law Firm 5209 Heritage Ave Suite 510 Colleyville, TX 76034 817-382-3125 Fax: 817-382-1799 Email: jgh@jghfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Specialized Loan Servicing, LLC | represented by | Crystal Gee Gibson Barrett Daffin Frappier Turner & Engel, LLP 4004 Belt Line Road, Suite 100 Addison, TX 75001 (972) 386-5040 Fax: (972) 341-0734 Email: crystalR@bdfgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Davis Forster , II Barrett Daffin Frappier Turner and Engel LLP 4004 Belt Line Road, Ste. 100 Addison, TX 75001 972-386-5040 Fax: 972-341-0734 Email: robertfo@bdfgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDShelley L. Hopkins Hopkins Law, PLLC 3 Lakeway Centre Ct. Suite 110 Austin, TX 78734 512-600-4320 Email: shelley@hopkinslawtexas.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/18/2021 | 11 |
NOTICE of Plaintiff’s Designation of Expert Witness by Rosalee Smith (Attachments: # 1 Exhibit)(Helstowski, John) (Entered: 08/18/2021) |
| 01/18/2022 | 12 |
STATUS REPORT by Rosalee Smith and by Specialized Loan Servicing, LLC. (Gibson, Crystal) (Entered: 01/18/2022) |
| 02/04/2022 | 13 |
ORDERED that the parties shall file a stipulation of dismissal on or before March 18, 2022. re 12 Status Report filed by Specialized Loan Servicing, LLC, Having considered and acted upon all matters for which the above-entitled and numbered case was referred, it is ORDERED that the above-entitled and numbered case is RETURNED to the District Court for all purposes.CASE NO LONGER REFERRED to Magistrate Judge Richard B. Farrer. Signed by Judge Richard B. Farrer. (wg) (Entered: 02/07/2022) |
| 02/23/2022 | 14 |
NOTICE of Attorney Appearance by Shelley L. Hopkins on behalf of Specialized Loan Servicing, LLC. Attorney Shelley L. Hopkins added to party Specialized Loan Servicing, LLC(pty:dft) (Hopkins, Shelley) (Entered: 02/23/2022) |
| 03/15/2022 | 15 | MOTION to Withdraw as Attorney Crystal Gibson for Defendant by Specialized Loan Servicing, LLC. (Attachments: # 1 Proposed Order)(Hopkins, Shelley) (Entered: 03/15/2022) |
| 03/18/2022 | 16 | STIPULATION of Dismissal by Specialized Loan Servicing, LLC. (Hopkins, Shelley) (Entered: 03/18/2022) |
LIT is tracking the case. Please bookmark for further updates as the lawsuit develops. We’ll be updating this article accordingly.
ORDER
Before the Court is the above-styled and numbered cause of action, which was referred to me for all nondispositive pretrial proceedings.
See Dkt. No. 2.
The Court is in receipt of the parties’ January 18, 2022 Status Report, which informs the Court that they have reached a settlement.
See Dkt. No. 12.
Accordingly, IT IS HEREBY ORDERED that the parties shall file a stipulation of dismissal on or before March 18, 2022.
Should the parties require additional time to finalize their settlement agreement, they should inform the Court by filing a motion for extension.
Having considered and acted upon all matters for which the above-entitled and numbered case was referred, it is ORDERED that the above-entitled and numbered case is RETURNED to the District Court for all purposes.
SIGNED this 4th day of February, 2022.
RICHARD B. FARRER
UNITED STATES MAGISTRATE JUDGE
JOINT STATUS REPORT
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff Rosalee Smith (“Plaintiff”) and Defendant Specialized Loan Servicing, LLC (“Defendant”) (collectively the “Parties”) hereby file this Joint Status Report. In support thereof, the Parties respectfully show the Court:
1. On May 25, 2021, the Court entered a Scheduling Order. [Doc. 7].
The Court ordered the Parties to provide a joint report setting forth the status of settlement negotiations on or before January 17, 2022.
2. On June 22, 2021 the Parties filed a Joint ADR Report [Doc. 10] notifying the Court they do not believe that ADR is appropriate in this case for the reason that the Parties are already participating in informal settlement negotiations.
3. The Parties have resumed settlement discussions and expect to enter into a formal settlement agreement wherein a stipulation of dismissal will be submitted to the Court within the next 60 days.
Dated: January 18, 2022.
Respectfully submitted,
For the Plaintiff:
/s/John G. Helstowski w/permission
John G. Helstowski
Texas State Bar No. 24078653; S.D. Bar No. 2799780
J, GANNON HELSTOWSKI LAW FIRM
5209 Heritage Avenue, Suite 510
Colleyville, Texas 76034
(817) 382-3125 – Telephone
(817) 382-1799 – Facsimile jgh@jghfirm.com – Email Lead Counsel for Plaintiff
For the Defendant:
/s/Crystal G. Gibson
Crystal Gee Gibson
Texas State Bar No. 24027322 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
4004 Belt Line Road, Suite 100
Addition, Texas 75001
Telephone: (972) 386-5040
Facsimile: (972) 386-7673 mail: CrystalR@bdfgroup.com Lead counsel for Defendant
Jan. 5, 2022 UPDATE
No movement on the docket since Aug. 18, 2021, Doc. 11. No settlement is forthcoming since June 22, 2021….and no intervention by the court.
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U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CIVIL DOCKET FOR CASE #: 5:21-cv-00396-JKP-RBF
| Smith v. Specialized Loan Servicing, LLC Assigned to: Judge Jason K. Pulliam Referred to: Judge Richard B. Farrer
Cause: 28:1441 Petition for Removal – Foreclosure |
Date Filed: 04/21/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Rosalee Smith | represented by | John Gannon Helstowski J Gannon Helstowski Law Firm 5209 Heritage Ave Suite 510 Colleyville, TX 76034 817-382-3125 Fax: 817-382-1799 Email: jgh@jghfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Specialized Loan Servicing, LLC | represented by | Crystal Gee Gibson Barrett Daffin Frappier Turner & Engel, LLP 4004 Belt Line Road, Suite 100 Addison, TX 75001 (972) 386-5040 Fax: (972) 341-0734 Email: crystalR@bdfgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/21/2021 | 1 |
NOTICE OF REMOVAL by Specialized Loan Servicing, LLC (Filing fee $402 receipt number 0542-14720239), filed by Specialized Loan Servicing, LLC. (Attachments: # 1 Exhibit 1-Docket Sheet and State Court Pleadings, # 2 Exhibit 2-List of All Counsel, # 3 Exhibit 3-Notice to State Court, # 4 Civil Cover Sheet Ex 4, # 5 Supplement Ex 5-Civil Cover Sheet, # 6 Exhibit 6-Disclosure Statement and Certificate of Int Parties)(Gibson, Crystal) (Entered: 04/21/2021) |
| 04/27/2021 | 2 | ORDER REFERRING CASE to Magistrate Judge Richard B. Farrer. Signed by Judge Jason K. Pulliam. (mgr) (Entered: 04/27/2021) |
| 05/07/2021 | 3 | ORDER REGARDING PRETRIAL MATTERS AND NON-DISPOSITIVE PENDING MOTIONS, ( Scheduling Recommendations/Proposed Scheduling Order due by 5/18/2021,, Initial Pretrial Conference set for 5/25/2021 10:30 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr) (Entered: 05/07/2021) |
| 05/18/2021 | 4 | Rule 26(f) Discovery Report/Case Management Plan Joint by Rosalee Smith. (Attachments: # 1 Proposed Order Agreed Scheduling Recommendations)(Helstowski, John) (Entered: 05/18/2021) |
| 05/18/2021 | 5 | Rule 26(f) Discovery Report/Case Management Plan Correction for entry [Dkt. 4] by Rosalee Smith. (Attachments: # 1 Proposed Order Agreed Scheduling Recommendations)(Helstowski, John) (Entered: 05/18/2021) |
| 05/25/2021 | 6 | Minute Entry for proceedings held before Judge Richard B. Farrer: Pretrial Conference held on 5/25/2021 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) (Entered: 05/25/2021) |
| 05/25/2021 | 7 | SCHEDULING ORDER: ADR Report Deadline due by 6/18/2021, Amended Pleadings due by 7/19/2021, Discovery due by 12/31/2021, Motions due by 2/17/2022,. Signed by Judge Richard B. Farrer. (mgr) (Entered: 05/25/2021) |
| 06/09/2021 | 8 | NOTICE of Compliance of serving Rule 26(a)(1) Initial Disclosures by Specialized Loan Servicing, LLC (Gibson, Crystal) (Entered: 06/09/2021) |
| 06/09/2021 | 9 | NOTICE Attorney Vacation Letter by Rosalee Smith (Helstowski, John) (Entered: 06/09/2021) |
| 06/22/2021 | 10 | ADR Report Filed – NON-CONSENT to Alternate Dispute Resolution (ADR) by Specialized Loan Servicing, LLC(Gibson, Crystal) (Entered: 06/22/2021) |
| 08/18/2021 | 11 | NOTICE of Plaintiff’s Designation of Expert Witness by Rosalee Smith (Attachments: # 1 Exhibit)(Helstowski, John) (Entered: 08/18/2021) |
