Bradley

Foreclosure Defense Law Firm Martinez and Martinez Kinda Admit to Representation in Court

If you went to PACER, you’d see the homeowners shown by the court as Pro Se. But the dismissal with prejudice says otherwise.

Vela v. Carrington Mortgage Services, LLC

(7:22-cv-00364)

District Court, S.D. Texas

OCT 14, 2022 | REPUBLISHED BY LIT: FEB 7, 2023

1 At the January 4, 2023 status conference before the Court, counsel for Plaintiffs represented that Plaintiffs would dismiss this matter.

Counsel for Carrington subsequently attempted to contact counsel for Plaintiffs multiple times via email for Plaintiffs’ consent to this filing.

Counsel for Plaintiffs was unresponsive.

Therefore, Carrington submits his Proposed Stipulation of Dismissal without Plaintiffs’ counsel’s signature.

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00364

Vela et al v. Carrington Mortgage Services, LLC
Assigned to: Judge Randy Crane
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 10/14/2022
Date Terminated: 02/06/2023
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Eloisa Vela represented by Eloisa Vela
PRO SE
Plaintiff
Eleazar Vela represented by Eleazar Vela
PRO SE
V.
Defendant
Carrington Mortgage Services, LLC represented by Jon Howard Patterson
Bradley Arant et al
One Federal Place
1819 Fifth Avenue North
Birmingham, AL 35203
205-521-8000
Fax: 205-488-6403
Email: jpatterson@bradley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDGabriella Elise Alonso
Bradley Arant Boult Cummings
600 Travis Street
Suite 4800
Houston, TX 77002
713-576-0339
Fax: 713-576-0301
Email: galonso@bradley.com
ATTORNEY TO BE NOTICEDMark Douglas Cronenwett
Mackie Wolf Zientz & Mann, P.C.
14160 N. Dallas Parkway, Ste. 900
Dallas, TX 75254
214-635-2650
Fax: 214-635-2686
Email: mcronenwett@mwzmlaw.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
10/14/2022 1 NOTICE OF REMOVAL from 370th Judicial District, Hidalgo County, Texas, case number C-3800-22-G (Filing fee $ 402 receipt number ATXSDC-28925832) filed by Carrington Mortgage Services, LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 10/14/2022)
10/14/2022 2 CERTIFICATE OF INTERESTED PARTIES by Carrington Mortgage Services, LLC, filed.(Cronenwett, Mark) (Entered: 10/14/2022)
10/14/2022 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/6/2022 at 09:30 AM before Judge Randy Crane(by Judge Randy Crane) Parties notified.(JenniferNogueira, 7) (Entered: 10/14/2022)
10/14/2022 4 NOTICE of Appearance by Jon H. Patterson on behalf of Carrington Mortgage Services, LLC, filed. (Patterson, Jon) (Entered: 10/14/2022)
10/14/2022 5 NOTICE of Appearance by Gabriella E. Alonso on behalf of Carrington Mortgage Services, LLC, filed. (Alonso, Gabriella) (Entered: 10/14/2022)
10/21/2022 6 ANSWER to 1 State Court Petition/Notice of Removal by Carrington Mortgage Services, LLC, filed.(Alonso, Gabriella) (Entered: 10/21/2022)
12/06/2022 7 NOTICE OF RESCHEDULING OF INITIAL PRETRIAL CONFERENCE. Initial Conference reset for 1/4/2023 at 09:30 AM before Chief Judge Randy Crane.(Signed by Chief Judge Randy Crane) Parties notified.(JenniferNogueira, 7) (Entered: 12/06/2022)
01/03/2023 8 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Carrington Mortgage Services, LLC, filed.(Alonso, Gabriella) (Entered: 01/03/2023)
01/04/2023 9 ORDER TO SHOW CAUSE (Show Cause Hearing set for 2/7/2023 at 09:30 AM before Chief Judge Randy Crane).(Signed by Chief Judge Randy Crane) Parties notified.(SandraSilva, 7) (Entered: 01/04/2023)
02/06/2023 10 STIPULATION of Dismissal with Prejudice by Carrington Mortgage Services, LLC, filed. (Attachments: # 1 Proposed Order)(Alonso, Gabriella) (Entered: 02/06/2023)
02/06/2023 11 ORDER OF DISMISSAL. Case terminated on 2/6/2023. (Signed by Chief Judge Randy Crane) Parties notified.(JenniferNogueira, 7) (Entered: 02/06/2023)

 


 

PACER Service Center
Transaction Receipt
02/07/2023 08:53:22

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Foreclosure Defense Law Firm Martinez and Martinez Kinda Admit to Representation in Court
1 Comment

1 Comment

  1. Rex

    February 9, 2023 at 12:31 am

    Pro Se Pleadings are to be liberally construed … except in Texas. It goes back to the state court ruling and the usage of the word “however.” That extra layer of BS appears to have bled over to the Federal Courts in Texas.

    What is documented on the record, Fraud upon the Court. This particular kind of fraud cannot be perpetrated by Pro Se litigants, only Officers of the Court. Which includes all those licensed for the commercial business practice of law, including the judge. This is known as Extrinsic Fraud Upon The Court. (US v. Throckmorton)

    The Plaintiffs have been deprived of their right(s) to redress their grievances, their rights have been denied remedy. This falls under the category, “Conspiracy Against Rights.” Refer to 18 U.S.C. § 241.

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