Federal Judges

Counsel for Client Campos Grilled Over Another Frivolous Foreclosure Defense Lawsuit

Plaintiff’s counsel Juan Angel Guerra asked by judge why he should not be sanctioned for filing a meritless foreclosure defense lawsuit.

Campos v. Select Portfolio Servicing, Inc (and Deutsche Bank)

(1:20-cv-00022)
District Court, S.D. Texas

FEB 11, 2020 | REPUBLISHED BY LIT: SEP 16, 2021

ORDER

On April 16, 2020, the Magistrate Judge ordered Plaintiff’s counsel (Juan Angel Guerra, Attorney at Law, 1409 N. Stuart Place Rd, Suite A, Harlingen, TX 78550) to show cause why he should not be sanctioned for filing a meritless lawsuit to prevent an otherwise lawful foreclosure. (Doc 4) In that order, the Magistrate Judge stated that counsel could satisfy the show cause order by executing a voluntary dismissal of the case. (Id.) Plaintiff’s counsel did not file a response to the show cause order.

On October 1, 2020, the Magistrate Judge ordered the Defendants to file an affidavit concerning the attorney fees incurred in this case to facilitate the Court’s consideration of the appropriate sanctions. (Doc 7) The Magistrate Judge again noted that if Plaintiff’s counsel concluded that the case was legally unsupportable and voluntarily dismissed the case, the Court would “no longer consider any sanctions” and would “consider the matter closed.” (Id.)

On October 23, 2020, the Plaintiff filed a stipulation of dismissal with prejudice. (Doc. 9) The Defendants did not agree to the stipulation.

The Court considers the Plaintiff’s stipulation to be a motion for voluntary dismissal made pursuant to FED. R. CIV. P. 41(a)(2).

“[A]s a general rule, motions for voluntary dismissal should be freely granted unless the non-moving party will suffer some plain legal prejudice other than the mere prospect of a second lawsuit.”

Elbaor v. Tripath Imaging, Inc., 279 F.3d 314, 317 (5th Cir. 2002).

The Defendants filed a response to the Plaintiff’s motion for voluntary dismissal. (Doc. 11) The Defendants believe that Plaintiff and counsel should be sanctioned for not responding to the two show cause orders and for filing a meritless lawsuit. The Defendants did state that if the Court was not inclined to sanction Plaintiff or her counsel, it did not oppose the dismissal.

Given that the Magistrate Judge twice informed the Plaintiff’s counsel that the show cause order would be satisfied with a voluntary dismissal, the Court considers the show cause to be satisfied.  No sanctions shall be issued.

Accordingly, it is:

ORDERED that the motion for voluntary dismissal filed by Plaintiff Corina Campos is GRANTED; and

ORDERED that this case be dismissed with prejudice to refiling. Each party shall bear its own fees and costs.

SIGNED this 28th day of October, 2020.

Fernando Rodriguez, Jr.
United States District Judge

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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Brownsville)
CIVIL DOCKET FOR CASE #: 1:20-cv-00022

Campos v. Select Portfolio Servicing, Inc. et al
Assigned to: Judge Fernando Rodriguez, Jr
Referred to: Magistrate Judge Ronald G Morgan
Demand: $90,000,000

Case in other court:  404th District Court, Cameron County, Texas, 2020-DCL-00543-G

Cause: 28:1332 Diversity-(Citizenship)

Date Filed: 02/10/2020
Date Terminated: 10/28/2020
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Corina Campos represented by Juan Angel Guerra
Attorney at Law
1409 N. Stuart Place Rd
Suite A
Harlingen, TX 78550
956 428-1600
Fax: 956 428-1601
Email: juanangelguerra1983@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Select Portfolio Servicing, Inc. represented by Eric Craig Mettenbrink
Hirsch and Westheimer
1415 Louisiana
36th Floor
Houston, TX 77002
713-223-5181
Fax: 713-223-9319
Email: emettenbrink@hirschwest.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMichael F Hord , Jr
Hirsch Westheimer PC
1415 Louisiana
36th Floor
Houston, TX 77002-2772
713-220-9182
Fax: 713-223-9319
Email: mhord@hirschwest.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Deutsche Bank National Trust Company
as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2004-5, Asset-Backed Certificates, Series 2004-5
represented by Eric Craig Mettenbrink
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMichael F Hord , Jr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Connie Cobb
Substitute Trustee

 

Date Filed # Docket Text
02/10/2020 1 NOTICE OF REMOVAL from 404th District Court, Cameron County, TX, case number 2020-DCL-00543 (Filing fee $ 400 receipt number 0541-24148465) filed by Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2004-5, Asset-Backed Certificates, Series 2004-5, Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit C-5, # 9 Exhibit D, # 10 Civil Cover Sheet Civil Cover Sheet)(Hord, Michael) (Entered: 02/10/2020)
02/11/2020 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/13/2020 at 02:00 PM in Courtroom 2 before Magistrate Judge Ronald G Morgan(Signed by Magistrate Judge Ronald G Morgan) Parties notified.(JenniferLongoria, 1) (Entered: 02/11/2020)
02/27/2020 3 CERTIFICATE OF INTERESTED PARTIES by Deutsche Bank National Trust Company, Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 02/27/2020)
04/16/2020 4 ORDER, entered. Plaintiff’s counsel is further ordered to show cause also no later than May 5, 2020 as to why he should not be sanctioned for continuing to file meritless lawsuits to prevent otherwise lawful foreclosures. If Plaintiff’s counsel concludes that this case is legally unsupportable under FED. R. CIV. P. 11(b), he may satisfy the show cause order by executing a voluntary dismissal of the case. The initial pretrial and scheduling conference set for May 13, 2020, is cancelled and will not be rescheduled at this time. Show Cause Response due by 5/5/2020(Signed by Magistrate Judge Ronald G Morgan) Parties notified.(mperez, 1) (Entered: 04/16/2020)
08/24/2020 5 ADVISORY by Deutsche Bank National Trust Company, Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 08/24/2020)
08/25/2020 6 ORDER entered.(Signed by Magistrate Judge Ronald G Morgan) Parties notified.(scastillo, 1) (Entered: 08/25/2020)
10/01/2020 7 ORDER entered. It is ordered that by October 15, 2020, Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Company and Connie Cobb file an affidavit as to the attorneys fees each defendant has incurred in connection with this lawsuit. (Signed by Magistrate Judge Ronald G Morgan) Parties notified.(JenniferLongoria, 1) (Entered: 10/01/2020)
10/15/2020 8 DECLARATION of MICHAEL F. HORD JR. re: 7 Order,, filed.(Hord, Michael) (Entered: 10/15/2020)
10/23/2020 9 Opposed MOTION to Dismiss Joint Stipulation of Dismissal Motions referred to Ronald G Morgan. by Corina Campos, filed. Motion Docket Date 11/13/2020. (Attachments: # 1 Proposed Order Stipulation of dismissal)(Guerra, Juan) (Entered: 10/23/2020)
10/26/2020 10 ORDER re 9 Opposed MOTION to Dismiss Joint Stipulation of Dismissal The Defendant shall file a response to the Plaintiffs motion no later than November 2, 2020. If the Defendant opposes the motion, it shall discuss what legal prejudice it will suffer if the motion is granted. (Signed by Magistrate Judge Ronald G Morgan) Parties notified.(jtabares, 1) (Entered: 10/26/2020)
10/27/2020 11 RESPONSE to 9 Opposed MOTION to Dismiss Joint Stipulation of Dismissal filed by Deutsche Bank National Trust Company, Select Portfolio Servicing, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hord, Michael) (Entered: 10/27/2020)
10/28/2020 12 ORDER entered granting 9 Opposed MOTION to Dismiss Joint Stipulation of Dismissal. It is ordered that this case be dismissed with prejudice to refiling. Case terminated on 10/28/2020(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(JenniferLongoria, 1) (Entered: 10/28/2020)
06/10/2021 13 *THIS ENTRY WAS INCORRECTLY RECORDED AND HAS BEEN RE-DOCKETED IN THE CORRECT CASE.** – Alternative Dispute Resolution Memorandum; case settled, filed.(dnoriega, 1) Modified on 6/10/2021 (dnoriega, 1). (Entered: 06/10/2021)
06/10/2021 14 *THIS ENTRY WAS INCORRECTLY RECORDED AND HAS BEEN RE-DOCKETED IN THE CORRECT CASE.** Alternative Dispute Resolution Questionnaire provided to all parties of record, filed. (ccassadyadi, 4) Modified on 6/10/2021 (ccassady, 4). (Entered: 06/10/2021)
Counsel for Client Campos Grilled Over Another Frivolous Foreclosure Defense Lawsuit
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