Leger v. PrimeLending, a PlainsCapital Company
(4:22-cv-00018)
District Court, S.D. Texas
JAN 4, 2022 | REPUBLISHED BY LIT: FEB 11, 2022
Well it’s consistent, BDF Hopkins random assignment galore…
IS THAT INITIAL CONFERENCE DATE RIGHT, JUNE 2022? NO, IT’S PUSHED BACK TO SEP 21, 2022…
The Initial Conference is reset for 9/21/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison.
AND AFTER ANOTHER CONTINUANCE, APPROACHING 2 YEARS AFTER REMOVAL TO SD TEX.
STIPULATION of Dismissal Joint Stipulation of Dismissal WITH PREJUDICE by PrimeLending, a PlainsCapital Company, filed.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00018
| Leger v. PrimeLending, a PlainsCapital Company Assigned to: Judge George C Hanks, Jr
Cause: 28:1331 Fed. Question |
Date Filed: 01/04/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/15/2022 | 8 | ORDER granting 7 Joint MOTION for Continuance of Initial Pretrial and Scheduling Conference. (The Initial Conference is reset for 9/21/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison)(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 06/16/2022) |
| 09/21/2022 | 9 | DOCKET CONTROL ORDER. ETT: 2 days. Amended Pleadings due by 9/30/2022. Joinder of Parties due by 9/30/2022 Pltf Expert Witness List due by 1/10/2023. Pltf Expert Report due by 1/10/2023. Deft Expert Witness List due by 2/17/2023. Deft Expert Report due by 2/17/2023. Discovery due by 4/21/2023. Dispositive Motion Filing due by 4/28/2023. All Other Pretrial Motions Filing due by 6/16/2023. Joint Pretrial Order due by 8/4/2023. Docket Call set for 8/11/2023 at 03:00 PM in Courtroom 600 in Houston before Judge George C Hanks Jr(Signed by Magistrate Judge Andrew M Edison) Parties notified.(lusmith, 3) (Entered: 09/21/2022) |
| 09/30/2022 | 10 | AMENDED COMPLAINT with Jury Demand against All Defendants filed by Fanny Leger.(Leger, Bradley) (Entered: 09/30/2022) |
| 10/20/2022 | 11 | ANSWER to 10 Amended Complaint/Counterclaim/Crossclaim etc. by PrimeLending, a PlainsCapital Company, filed.(Hopkins, Shelley) (Entered: 10/20/2022) |
| 03/22/2023 | 12 | Joint MOTION to Abate by PrimeLending, a PlainsCapital Company, filed. Motion Docket Date 4/12/2023. (Attachments: # 1 Proposed Order)(Hopkins, Shelley) (Entered: 03/22/2023) |
| 04/07/2023 | 13 | AMENDED DOCKET CONTROL ORDER granting 12 Joint MOTION to Continue. (Trial Term: Nov./Dec.; ETT: 2 days) (Discovery due by 7/21/2023., Dispositive Motion Filing due by 7/28/2023., All Other Pretrial Motions due by 8/16/2023., Joint Pretrial Order and Motions in Limine due by 10/6/2023., Docket Call set for 10/13/2023 at 03:30 PM before Judge George C Hanks Jr.)(Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 04/07/2023) |
| 07/27/2023 | 14 | Joint MOTION for Continuance of all remaining deadlines by PrimeLending, a PlainsCapital Company, filed. Motion Docket Date 8/17/2023. (Attachments: # 1 Proposed Order)(Hopkins, Shelley) (Entered: 07/27/2023) |
| 07/28/2023 | 15 | ORDER granting 14 Motion for Continuance of all remaining deadlines. The Court will issue a new docket control order. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 07/28/2023) |
| 07/28/2023 | 16 | SECOND AMENDED DOCKET CONTROL ORDER granting. (Trial Term: February/March.) Dispositive Motion Filing due by 11/1/2023. Non-Dispositive Motion Filing due by 11/20/2023. Joint Pretrial Order and Motions in Limine due by 1/8/2024. Docket Call set for 1/12/2024 at 03:30 PM before Judge George C Hanks Jr. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4) (Entered: 07/28/2023) |
| 10/12/2023 | 17 | STIPULATION of Dismissal Joint Stipulation of Dismissal by PrimeLending, a PlainsCapital Company, filed. (Attachments: # 1 Proposed Order)(Hopkins, Shelley) (Entered: 10/12/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/13/2023 08:47:59 |
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/22/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison.
(Signed by Judge George C Hanks, Jr) Parties notified.(ShannonHoldenadi, 4) (Entered: 01/05/2022)
This motion for continuance reminds us of the foreclosure involving foreclosure defense lawyer Brandy Alexander and the 2 lawyers, Paino and DeVries at the Brisket Firm, who kept stallin’ but never reached agreement. Once the magistrate judge hauled them into court, agreement was reached. (Nicolas v PHH Mortgage Corp, before Judge Charles Eskridge)
DEFENDANT’S NOTICE OF REMOVAL
TO THE HONORABLE JUDGE OF THE COURT:
Defendants PrimeLending, a PlainsCapital Company (“Defendant”) hereby gives notice that it filed a Notice of Removal in the United States District Court for the Southern District of Texas, Houston Division.
Attached hereto as Exhibit A is a copy of Defendant’s Notice of Removal filed in the United States District Court for the Southern District of Texas, Houston Division.
Respectfully submitted,
By: /s/ Shelley L. Hopkins
Shelley L. Hopkins
State Bar No. 24036497
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP – Of Counsel
3 Lakeway Centre Ct., Suite 110
Austin, Texas 78734
(512) 600-4320
ShelleyH@bdfgroup.com
shelley@hopkinslawtexas.com
Robert D. Forster, II
State Bar No. 24048470
Crystal G. Gibson
State Bar No. 24027322
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
CrystalR@bdfgroup.com
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
Pursuant to Texas Rules of Civil Procedure, I certify that a true and correct copy of the foregoing has been sent on this the 4th day of January 2022 to all parties of record the method indicated below.
VIA E-SERVICE:
Bradley L. Leger
Rodney K. Castille
Leger Ketchum & Cohoon, PLLC
10077 Grogan’s Mill Road, Suite 325
The Woodlands, Texas 77380
bleger@lkclawfirm.com
rcastille@lkclawfirm.com
ATTORNEY FOR PLAINTIFF
/s/ Shelley L. Hopkins
Shelley L Hopkins
REMOVED TEXAS STATE CIVIL CASE TO FEDERAL COURT
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While the Court finds no binding precedent on point, it finds multiple decisions from within the Fifth Circuit to be particularly persuasive.
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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00018
Create an Alert for This Case on RECAP
| Leger v. PrimeLending, a PlainsCapital Company Assigned to: Judge George C Hanks, Jr
Cause: 28:1331 Fed. Question |
Date Filed: 01/04/2022 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Fanny Leger | represented by | Bradley L. Legar 10077 Grogan’s Mill Road Suite 325 The Woodlands, TX 77380 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| PrimeLending, a PlainsCapital Company | represented by | Shelley L. Hopkins Hopkins Law, PLLC 3 Lakeway Centre Ct. Suite 110 Austin, TX 78734 512-600-4320 Email: shelley@hopkinslawtexas.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/04/2022 | 1 | NOTICE OF REMOVAL from 164th Judicial District, Harris County, case number 202182829 (Filing fee $ 402 receipt number 0541-27555012) filed by PrimeLending, a PlainsCapital Company. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Hopkins, Shelley) (Entered: 01/04/2022) |
| 01/04/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by PrimeLending, a PlainsCapital Company, filed.(Hopkins, Shelley) (Entered: 01/04/2022) |
| 01/05/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/22/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(ShannonHoldenadi, 4) (Entered: 01/05/2022) |
| 01/19/2022 | 4 | CERTIFICATE OF INTERESTED PARTIES by Fanny Leger, filed.(Leger, Bradley) (Entered: 01/19/2022) |
| 01/19/2022 | 5 | AFFIDAVIT of Gean O. Smith, filed.(Leger, Bradley) (Entered: 01/19/2022) |
