BDF Hopkins

BDF Hopkins Removed Prior to Joint Agreement to Dismiss Foreclosure in Corbitt v Lakeview

A Vote Of No Confidence: MOTION for Shelley L. Hopkins, Robert D. Forster, II, to Withdraw as Attorney by Lakeview Loan Servicing, LLC

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)

Property: 126B E MESQUITE ST SOUTH PADRE ISLAND, TX 78597

Permission to Prosper

 Yara Corbitt and Isaac Heredia of Texas Cordia Construction

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

Case in other court:  357th District Court, Cameron County, Texas, 2021-DCL-07060

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)

 


 

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BDF Hopkins Removed Prior to Joint Agreement to Dismiss Foreclosure in Corbitt v Lakeview
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