Johnson v. Select Portfolio Servicing, Inc.
(4:23-cv-00023)
District Court, S.D. Texas, Judge Al “Bent” Bennett
JAN 4, 2023 | REPUBLISHED BY LIT: FEB 9, 2023
JUN 16, 2023, SEP 8, 2023
No movement since May 8 schedulin’ order after conf….if there was one…we’ll never know.
Dismissed with prejudice.
Burke v Ocwen before Judge Bennett; Initial conference set;
From and including: Monday, August 9, 2021
To, but not including Friday, November 5, 2021
Result: 88 days
It is 88 days from the start date to the end date, but not including the end date.
Or 2 months, 27 days excluding the end date.
Johnson v. Select Portfolio Servicing, Inc. (S.D. Tex. 2023)
From and including: Tuesday, January 3, 2023
To, but not including Friday, May 5, 2023
Result: 122 days
It is 122 days from the start date to the end date, but not including the end date.
Or 4 months, 2 days excluding the end date.
Plaintiff, Phleshette Johnson (“Plaintiff”), and Defendant, Select Portfolio Servicing, Inc. hereby file this Stipulation of Dismissal Without Prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, and would respectfully show unto the Court as follows:
1. The parties have resolved their differences at issue in this action and Plaintiff wishes to dismiss all claims against Defendant with prejudice to re-filing same.
2. In conformity with Rule 41(a)(1)(A)(ii), this Stipulation is signed by all parties who have appeared in the action.
3. By this Stipulation, it is hereby stipulated that all claims and causes of action brought by Plaintiff against Defendant are dismissed with prejudice to re-filing same or any part thereof.
4. Plaintiff and Defendant further stipulate that all costs of court and other costs incurred are to be borne by the party incurring the same.
WHEREFORE, PREMISES CONSIDERED, all claims and causes of action brought by Plaintiff against Defendant are dismissed with prejudice by stipulation of all parties who have appeared in the action.
Respectfully submitted,
By: /s/Michael F. Hord Jr.
Michael F. Hord Jr.
State Bar No. 00784294
Federal I.D. No. 16035
1415 Louisiana, 36th Floor
Houston, Texas 77002
Tel (713) 223-5181 / Fax (713) 223-9319
E-mail: mhord@hirschwest.com
ATTORNEY FOR DEFENDANT
: /s/Kietha Hamilton Kietha “Kay” Hamilton State Bar No. 24097768
Hamilton Legal Services, PLLC 700 Milam Street, Suite 1300
Houston, Texas 77002
Telephone: 832-429-8826 Email: info@law-hls.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of September 2023, a true and correct copy of the foregoing and/or attached was served on each attorney of record or party in accordance with Federal Rule of Civil Procedure 5(b) as follows:
Kietha “Kay” Hamilton
Hamilton Legal Services, PLLC
700 Milam Street, Suite 1300
Houston, Texas 77002
Email: info@law-hls.com
Via ECF and Email
/s/ Michael F. Hord Jr.
Michael F. Hord Jr.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00023
| Johnson v. Select Portfolio Servicing, Inc. Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 01/04/2023 Date Terminated: 09/11/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/04/2023 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-29276101) filed by 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 D, # 8 Civil Cover Sheet)(Hord, Michael) (Entered: 01/04/2023) |
| 01/05/2023 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/5/2023 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(AkeitaMichael, 4) (Entered: 01/05/2023) |
| 01/12/2023 | 3 | CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 01/12/2023) |
| 05/04/2023 | 4 | CERTIFICATE OF SERVICE IN REMOVED ACTION by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 05/04/2023) |
| 05/04/2023 | 5 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 05/04/2023) |
| 05/04/2023 | 6 | PROPOSED ORDER SCHEDULING ORDER, filed.(Hord, Michael) (Entered: 05/04/2023) |
| 05/07/2023 | 7 | SCHEDULING ORDER. Amended Pleadings due by 5/12/2023. Joinder of Parties due by 5/12/2023 Pltf Expert Report due by 6/30/2023. Deft Expert Report due by 7/28/2023. Discovery due by 8/30/2023. Motions due by 9/29/2023. Joint Pretrial Order due by 12/8/2023. Docket Call set for 1/5/2024 at 01:30 PM in Courtroom 9A before Judge Alfred H Bennett. Jury Trial set for 1/8/2024 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(JacquelineMata, 4) (Entered: 05/08/2023) |
| 09/08/2023 | 8 | STIPULATION of Dismissal With Prejudice by Select Portfolio Servicing, Inc., filed. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 09/08/2023) |
| 09/11/2023 | 9 | ORDER OF DISMISSAL. Case terminated on 9/11/23 (Signed by Judge Alfred H Bennett) Parties notified.(LisaEdwards, 4) (Entered: 09/11/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/11/2023 11:01:26 |
CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 01/12/2023)
Dr. Pleshette Johnson-Wiggins, DC, MBA
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00023
| Johnson v. Select Portfolio Servicing, Inc. Assigned to: Judge Alfred H Bennett
Cause: 28:1332 Diversity-(Citizenship) |
Date Filed: 01/04/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Phleshette Johnson | represented by | Kietha Hamilton Hamiliton Legal Services, PLLC 700 Milam Street, Suite 1300 Houston, TX 77002 832-429-8826 Email: info@law-hls.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Select Portfolio Servicing, Inc. | represented by | Michael 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 ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/04/2023 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number ATXSDC-29276101) filed by 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 D, # 8 Civil Cover Sheet)(Hord, Michael) (Entered: 01/04/2023) |
| 01/05/2023 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/5/2023 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(AkeitaMichael, 4) (Entered: 01/05/2023) |
| 01/12/2023 | 3 | CERTIFICATE OF INTERESTED PARTIES by Select Portfolio Servicing, Inc., filed.(Hord, Michael) (Entered: 01/12/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/09/2023 09:15:14 |
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