LIT COMMENTARY (2023)
JAN 1, 2023
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To: DUONG GIAU & DUONG TRANG
Corbitt v. Lakeview Loan Servicing, LLC
(1:22-cv-00004)
District Court, S.D. Texas
JAN 12, 2022 | REPUBLISHED BY LIT: JUN 13, 2022
AGREED ORDER OF DISMISSAL re: 6 Agreed MOTION to Dismiss.
It is further ordered, adjudged and decreed that this cause is hereby dismissed with prejudice to refiling.
(Signed by Judge Rolando Olvera)
Parties notified.
(DorinaReyna, 1) (Entered: 05/05/2022)
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Lakeview Loan Servicing, LLC (“Defendant”) and files this Motion for Withdrawal and Substitution of Counsel, and in support thereof, would respectfully show as follows:
1. Defendant has retained Kelly J. Harvey, of the Harvey Law Group, to represent it in this case.
Defendant moves the Court to allow the withdrawal of Shelley L. Hopkins, of HOPKINS LAW, PLLC, and as Of Counsel to BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP, and Robert D. Forster, II, of BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP as its counsel of record in this case and substitute Kelly J. Harvey of the Harvey Law Group as its counsel of record.
2. The contact information for Kelly J. Harvey is as follows:
Kelly J. Harvey
HARVEY LAW GROUP
SBN:09180150 SDN:17194
P.O. Box 131407
Houston, Texas 77219
Telephone: (832) 922-4000
Facsimile: (832) 922-6262
E-mail: kelly@kellyharvey.com
3. As indicated in the certificate of conference below, the undersigned counsel has attempted to confer with all parties, and all parties are in agreement with the relief requested in the Motion except for counsel for the Intervenor, who has not responded to the undersigned’s attempts to confer.
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests that the Court grant this motion and that Shelley L. Hopkins, of HOPKINS LAW, PLLC, and as Of Counsel to BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP, and Robert D. Forster, II, of BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP be allowed to withdraw as its counsel of record and substitute Kelly J. Harvey of the Harvey Law Group as its counsel of record in this case.
Dated: April 18, 2022
Respectfully submitted,
HARVEY LAW GROUP
/s/ Kelly J. Harvey
Kelly J. Harvey
e-mail: kelly@kellyharvey.com
SBN: 09180150
SD:17194
P.O. Box 131407
Houston, Texas 77219
Telephone: (832) 922-4000
Facsimile: (832) 922-6262
Attorney for Defendant
/s/ Shelley L. Hopkins
Shelley L. Hopkins – Attorney In Charge
State Bar No. 24036497
SD ID No. 926469
HOPKINS LAW, PLLC
3 Lakeway Centre Ct., Suite 110
Austin, Texas 78734
(512) 600-4320
BARRETT DAFFIN FRAPPIER TURNER &
ENGEL, LLP – Of Counsel
ShelleyH@bdfgroup.com
shelley@hopkinslawtexas.com
/s/ Robert D. Forster, II
Robert D. Forster, II
State Bar No. 24048470 SD ID No. 2647781
BARRETT DAFFIN FRAPPIER TURNER &
ENGEL, LLP 4004 Belt Line Road, Ste. 100
Addison, Texas 75001
(972) 386-5040
(972) 341-0734 (Facsimile)
RobertFO@bdfgroup.com
CERTIFICATE OF CONFERENCE
I hereby certify that I have attempted to confer with all counsel in this matter. All attorneys with the exception of the attorney for the intervenor, Mr. Robles, are in agreement with the relief requested in this motion. Mr. Robles did not respond to my several attempts to confer.
/s/ Kelly J. Harvey
Kelly J. Harvey
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Brownsville)
CIVIL DOCKET FOR CASE #: 1:22-cv-00004
Corbitt et al v. Lakeview Loan Servicing, LLC Assigned to: Judge Rolando Olvera
Cause: 28:1441 Notice of Removal |
Date Filed: 01/12/2022 Date Terminated: 05/05/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
Plaintiff | ||
Mark Corbitt | represented by | Timothy Audrey Davis Davis Law, P.C. 1320 N. 10th St., Suite 140 McAllen, TX 78501 956-540-7807 Fax: 956-664-2500 Email: Timm@tdavislawpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
Lakeview Loan Servicing, LLC | represented by | Kelly J Harvey Kelly Harvey, P.C. P.O. Box 131407 Houston, TX 77219 832-922-4000 Fax: 832-922-6262 Email: kelly@kellyharvey.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 NOTICEDCrystal G Gibson Barrett Daffin et al 4004 Belt Line Road Ste 100 Addison, TX 75001 972-340-7901 Email: crystalr@bdfgroup.com ATTORNEY TO BE NOTICEDRobert Davis Forster , II Barrett Daffin Frappier Turner & Engel 4004 Belt Line Road, Suite 100 Addison, TX 75001 972-340-7948 Fax: 9723410734 Email: robertfo@bdfgroup.com ATTORNEY TO BE NOTICED |
Intervenor Plaintiff | ||
Yara M. Corbitt | represented by | Roel Robie Flores Attorney at Law 3331 N Ware Rd McAllen, TX 78501 956-631-7188 Fax: 956-631-7268 Email: office@floreslaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
01/12/2022 | 1 | NOTICE OF REMOVAL from 357th Judicial District, Cameron County, case number 2021-DCL-07060 (Filing fee $ 402 receipt number 0541-27595967) filed by Lakeview Loan Servicing, LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Hopkins, Shelley) (Entered: 01/12/2022) |
01/12/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by Lakeview Loan Servicing, LLC, filed.(Hopkins, Shelley) (Entered: 01/12/2022) |
01/13/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/17/2022 at 02:00 PM in Courtroom 4 before Judge Rolando Olvera(Signed by Judge Rolando Olvera) Parties notified.(JenniferLongoria, 1) (Entered: 01/13/2022) |
01/25/2022 | 4 | CERTIFICATE OF INTERESTED PARTIES by Mark Corbitt, filed.(Davis, Timothy) (Entered: 01/25/2022) |
04/18/2022 | 5 | MOTION for Shelley L. Hopkins, Robert D. Forster, II, to Withdraw as Attorney by Lakeview Loan Servicing, LLC, filed. Motion Docket Date 5/9/2022. (Attachments: # 1 Proposed Order)(Harvey, Kelly) (Entered: 04/18/2022) |
05/03/2022 | 6 | Agreed MOTION to Dismiss Joined by All Parties by Yara M. Corbitt, Lakeview Loan Servicing, LLC, filed. Motion Docket Date 5/24/2022. (Attachments: # 1 Proposed Order Proposed Order Granting Agreed Motion to Dismiss)(Harvey, Kelly) (Entered: 05/03/2022) |
05/05/2022 | 7 | Agreed PROPOSED ORDER re: 6 Agreed MOTION to Dismiss Joined by All Parties, filed.(Harvey, Kelly) (Entered: 05/05/2022) |
05/05/2022 | 8 | AGREED ORDER OF DISMISSAL re: 6 Agreed MOTION to Dismiss. It is further ordered, adjudged and decreed that this cause is hereby dismissed with prejudice to refiling. (Signed by Judge Rolando Olvera) Parties notified.(DorinaReyna, 1) (Entered: 05/05/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
06/13/2022 20:20:34 |
Yara Corbitt, President
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