LIT COMMENTARY & UPDATES
NOV 3 6, 14 2024
See; related case discussing the financial concerns over DHI and related entity RAD. There’s also the personal injury case which DHI want to pay on an instalment plan basis, which Jeff Jackson apparently tried to construe as meaning he should withdraw representation in an attempt to thwart the agreed settlement.
After publishing these cases involving Jeff Jackson and his client DHI/Mendenhall, Mackie Wolf are quickly replaced as attorney and bounty hunter Nick Frame previously represented DHI as their client who purchased the Crawfords’ homestead at a foreclosure auction.
BANKRUPTCY LAW QUESTION TO LITTWIN RE HOUSTON FEDERAL COURT
“The key argument simply points to the precedential 2012 general order that mandates automatic transfer by the district court to the bankruptcy court, in conflict with the ‘related to’ argument presented by the court.” pic.twitter.com/9OcKAwOY63— lawsinusa (@lawsinusa) October 31, 2024
DHI Holdings, LP v. U.S. Bank National Association as Trustee of Spartan Funding I Trust
(4:24-cv-03914)
District Court, S.D. Texas, Judge Charles Eskridge
OCT 14, 2024 | REPUBLISHED BY LIT: NOV 2, 2024
NOV 3, 6 13 24, 2024
Above is the date LIT Last updated this article.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-03914
| DHI Holdings, LP et al v. U.S. Bank National Association as Trustee of Spartan Funding I Trust et al Assigned to: Judge Charles Eskridge
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 10/14/2024 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/14/2024 | 12 | NOTICE Certificate of Service in a Removed Case re: 9 Order in Removed Case – FORM by U.S. Bank National Association as Trustee of Spartan Funding I Trust, filed. (Gibson, Crystal) (Entered: 11/14/2024) |
| 11/14/2024 | 13 | STATEMENT of Information in a Removed Action re: 9 Order in Removed Case – FORM by U.S. Bank National Association as Trustee of Spartan Funding I Trust, filed. (Gibson, Crystal) (Entered: 11/14/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 11/14/2024 17:37:54 |
RESPONSE in Opposition to 5 MOTION to Dismiss Plaintiffs’ Original Petition and Brief in Support Pursuant to Federal Rule of Civil Procedure 12(b)(6),, filed by DHI Holdings, LP, Brandon Mendenhall. (Jackson, Jeffrey) (Entered: 11/11/2024)
Defendant U.S. Bank National Association as Trustee of Spartan Funding I Trust (“Defendant”) files this Unopposed Motion to Withdraw and for Substitution of Counsel (the “Motion”) and respectfully requests the withdrawal of Crystal G. Gibson of Mackie Wolf Zientz & Mann, P.C. (“Mackie Wolf”), and the substitution of Robert T. Mowrey, Matthew K. Hansen, and Helen O. Turner of Locke Lord LLP (“Locke Lord”) as its counsel of record.
In support of this Motion, Defendant shows the Court as follows:
1. Defendant is presently represented by Ms. Gibson of Mackie Wolf. Her address is 14160 North Dallas Parkway, Suite 900, Dallas, Texas 75254.
Defendant has retained new counsel to represent its interests in this case—Mr. Mowrey, Mr. Hansen, and Ms. Turner of Locke Lord.
Mr. Mowrey, Mr. Hansen, and Ms. Turner of Locke Lord are admitted to practice law in the Southern District of Texas, and they have consented to serve as counsel for Defendant in this lawsuit.
Their contact information is as follows:
Robert T. Mowrey – Attorney-in-Charge
Texas Bar No. 14607500
S.D. Texas Bar No. 9529
rmowrey@lockelord.com
Matthew K. Hansen Texas
Bar No. 24065368
S.D. Texas Bar No. 1046257
LOCKE LORD LLP
2200 Ross Avenue, Suite 2800
Dallas, Texas 75201-2750
Telephone: (214) 740-8000
Facsimile: (214) 740-8800
Helen O. Turner
Texas Bar No. 24094229
S.D. Texas Bar No. 2924121
helen.turner@lockelord.com
LOCKE LORD LLP
600 Travis Street, Suite 2800
Houston, Texas 77002
Telephone: (713) 226-1280
Facsimile: (713) 229-2501
2. Plaintiffs DHI Holdings, LP and Brandon Mendenhall (collectively, “Plaintiffs”) are unopposed to the relief requested in this Motion.
3. Granting this Motion will not harm or prejudice Plaintiffs or any other party. Nor will the granting of this Motion cause undue delay.
For these reasons, Defendant respectfully requests that this Motion be granted, that Ms. Gibson be withdrawn as counsel of record for Defendant, that the Court order that the docket be amended to reflect that Ms. Gibson has withdrawn as counsel for Defendant, and that Ms. Gibson no longer need to be noticed of any pleadings, motions, or other documents filed or served in this case.
Defendant also requests that Mr. Mowrey, Mr. Hansen, and Ms. Turner be substituted in as counsel for Defendant, that they be provided with copies of any pleadings, motions, or other documents in this case as counsel for Defendant, and that Defendant be granted such other and further relief to which they may be justly entitled.
Respectfully submitted,
/s/ Helen O. Turner
Robert T. Mowrey – Attorney-in-Charge
Texas Bar No. 14607500
S.D. Texas Bar No. 9529
rmowrey@lockelord.com
Matthew K. Hansen
Texas Bar No. 24065368
S.D. Texas Bar No. 1046257
LOCKE LORD LLP
2200 Ross Avenue, Suite 2800
Dallas, Texas 75201-2750
Telephone: (214) 740-8000
Facsimile: (214) 740-8800
Helen O. Turner
Texas Bar No. 24094229
S.D. Texas Bar No. 2924121
helen.turner@lockelord.com
LOCKE LORD LLP
600 Travis Street, Suite 2800
Houston, Texas 77002
Telephone: (713) 226-1280
Facsimile: (713) 229-2501
SUBSTITUTING COUNSEL FOR DEFENDANT
-AND-
/s/ Crystal G. Gibson with permission
Crystal G. Gibson
Texas Bar No. 24027322
S.D. Texas Bar No. 706039
cgibson@mwzmlaw.com
Mackie Wolf Zientz & Mann, P.C.
14160 North Dallas Parkway, Suite 900
Dallas, Texas 75254
Telephone: (214) 635-2650
Direct: (214) 635-2670
Facsimile: (214) 635-2686
WITHDRAWING COUNSEL FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that, on November 5, 2024, I conferred with counsel for Plaintiffs regarding the relief requested in this Motion, and he is not opposed to this Motion.
/s/ Helen O. Turner
Substituting Counsel for Defendant
CERTIFICATE OF SERVICE
The undersigned certifies that on November 5, 2024, a true and correct copy of the foregoing document was delivered to the following counsel of record via CM/ECF, CMRRR, and/or email consistent with the Federal Rules of Civil Procedure.
Jeffrey C. Jackson jeff@jjacksonllp.com Texas Bar No. 24065485
S.D. Texas Bar No. 1024221
Jeffrey Jackson & Associates, PLLC
11767 Katy Fwy., Ste. 813
Houston, TX 77079
Telephone: (713) 861-8833
Facsimile: (713) 682-8866
Counsel for Plaintiffs
Crystal G. Gibson
cgibson@mwzmlaw.com
Mackie Wolf Zientz & Mann, P.C.
14160 North Dallas Parkway, Suite 900
Dallas, Texas 75254
Telephone: (214) 635-2650
Direct: (214) 635-2670
Facsimile: (214) 635-2686
Withdrawing Counsel for Defendant
/s/ Helen O. Turner
Substituting Counsel for Defendant
Summons Issued as to Fay Servicing, LLC. Issued summons delivered to plaintiff by NEF, filed.
(bmn4) (Entered: 10/24/2024)
Request for Issuance of Summons as to Fay Servicing, LLC, filed.
(Jackson, Jeffrey) (Entered: 10/23/2024)
Pending.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-03914
| DHI Holdings, LP et al v. U.S. Bank National Association as Trustee of Spartan Funding I Trust et al Assigned to: Judge Charles Eskridge
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 10/14/2024 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| DHI Holdings, LP | represented by | Jeffrey C. Jackson Jeffrey Jackson & Associates, PLLC 11767 Katy Freeway, Suite 813 Houston, TX 77079 LEAD ATTORNEY ATTORNEY TO BE NOTICEDJeffrey Craig Jackson Jeffrey Jackson & Associates, PLLC 11767 Katy Freeway Suite 813 Houston, TX 77079 713-861-8833 Fax: 713-682-8866 Email: jeff@jjacksonpllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Brandon Mendenhall | represented by | Jeffrey C. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJeffrey Craig Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| U.S. Bank National Association as Trustee of Spartan Funding I Trust | represented by | Crystal G Gibson Mackie Wolf Zientz & Mann P.C. Litigation 14160 Dallas Parkway Suite 900 Dallas, TX 75254 214-635-2670 Fax: 214-635-2686 Email: cgibson@mwzmlaw.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Fay Servicing, LLC | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 10/14/2024 | 1 | NOTICE OF REMOVAL from 189th Judicial District Court, Harris County, case number 2024-67482 (Filing fee $ 405 receipt number ATXSDC-32327932) filed by U.S. Bank National Association as Trustee of Spartan Funding I Trust. (Attachments: # 1 Exhibit A, B, # 2 Civil Cover Sheet) (Gibson, Crystal) (Entered: 10/14/2024) |
| 10/14/2024 | 2 | CERTIFICATE OF INTERESTED PARTIES by U.S. Bank National Association as Trustee of Spartan Funding I Trust, filed. (Gibson, Crystal) (Entered: 10/14/2024) |
| 10/15/2024 | 3 | CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hem4) (Entered: 10/15/2024) |
| 10/16/2024 | 4 | NOTICE of Appearance by Jeffrey C. Jackson on behalf of DHI Holdings, LP, Brandon Mendenhall, filed. (Jackson, Jeffrey) (Entered: 10/16/2024) |
| 10/21/2024 | 5 | MOTION to Dismiss Plaintiffs’ Original Petition and Brief in Support Pursuant to Federal Rule of Civil Procedure 12(b)(6), by U.S. Bank National Association as Trustee of Spartan Funding I Trust, filed. Motion Docket Date 11/12/2024. (Attachments: # 1 Proposed Order) (Gibson, Crystal) (Entered: 10/21/2024) |
| 10/23/2024 | 6 | Request for Issuance of Summons as to Fay Servicing, LLC, filed. (Jackson, Jeffrey) (Entered: 10/23/2024) |
| 10/23/2024 | 7 | Summons Issued as to Fay Servicing, LLC. Issued summons delivered to plaintiff by NEF, filed. (bmn4) (Entered: 10/24/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 11/03/2024 09:34:33 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-03914
| DHI Holdings, LP et al v. U.S. Bank National Association as Trustee of Spartan Funding I Trust et al Assigned to: Judge Charles Eskridge
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 10/14/2024 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/04/2024 | 8 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/8/2025 at 02:30 PM in Courtroom 9F before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) (Attachments: # 1 Attachments) Parties notified. (dm4) (Entered: 11/04/2024) |
| 11/04/2024 | 9 | Order in Removed Case. Statement due within ten days.(Signed. by Judge Charles Eskridge) Parties notified. (dm4) (Entered: 11/04/2024) |
| 11/05/2024 | 10 | Unopposed MOTION for Crystal G. Gibson of Mackie Wolf Zientz & Mann, P.C. to Withdraw as Attorney by U.S. Bank National Association as Trustee of Spartan Funding I Trust, filed. Motion Docket Date 11/26/2024. (Attachments: # 1 Proposed Order Granting Defendant’s Unopposed Motion to Withdraw and for Substitution of Counsel) (Turner, Helen) (Entered: 11/05/2024) |
| 11/11/2024 | 11 | RESPONSE in Opposition to 5 MOTION to Dismiss Plaintiffs’ Original Petition and Brief in Support Pursuant to Federal Rule of Civil Procedure 12(b)(6),, filed by DHI Holdings, LP, Brandon Mendenhall. (Jackson, Jeffrey) (Entered: 11/11/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 11/13/2024 17:11:53 |
202467482 –
DHI HOLDINGS LP vs. US BANK NATIONAL ASSOCIATION AS TRUSTEE OF SPARTAN
SEP 30, 2024 | REPUBLISHED BY LIT: NOV 2, 2024
NOV 3, 2024
Above is the date LIT Last updated this article.
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