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Farmer Law Group Didn’t Fix It, The Foreclosure Case Proceeds As He Sheepishly Departs the Case, Prejudiced

Charlene Arkansas, now acting pro se after her counsel departed, is left to fend off counterclaims. She did not respond by the deadline.

Arkansas v. Specialized Loan Servicing LLC

(3:21-cv-00122)

District Court, N.D. Texas

AUG 23, 2021 | REPUBLISHED BY LIT: SEP 26, 2021

FINAL JUDGMENT

This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,

It is ORDERED, ADJUDGED and DECREED that:

1. Wilmington Trust National Association, as Successor Trustee to Citibank, N.A., as Trustee for Bear Sterns Asset Backed Securities I Trust 2006-HE4, Asset-Backed Certificates, Series 2006-HE4, is entitled and authorized to foreclose on their lien on the real property collateral located at 6415 Lazy River Drive, Dallas, Texas 75241.

2. The defendants shall recover from and against the plaintiff their reasonable attorneys’ fees and costs in the amount of $16,167.31.

3. The taxable costs of court, as calculated by the clerk of the court, are assessed against the plaintiff.

4. Any relief not specifically granted in this Judgment is denied.

5. The Clerk shall transmit a true copy of this Final Judgment and the Order Accepting the Findings and Recommendation of the United States Magistrate Judge to all parties.

SIGNED this 4th day of March, 2022.

ORDER re: 29 Defendant’s Motion for Summary Judgement Pursuant to Fed. R. Civ. P. 56. The plaintiff may file a response by 9/10/2021. The defendants may file a reply by 9/24/2021. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/23/2021) (mcrd) (Entered: 08/23/2021)

No response was made by the 10th of September by Plaintiff, Charlene Arkansas.

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.

Specialized Loan Servicing, LLC (SLS) and Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A., as Trustee for Bear Sterns Asset Backed Securities I Trust 2006-HE4 Asset-Backed Certificates, Series 2006-HE4 (Wilmington) (collectively Defendants) object that the magistrate judge’s recommendation to grant the voluntary dismissal of the plaintiff’s claims without prejudice contradicts the intent of the “two-dismissal” rule codified in Fed. R. Civ. 41(a)(1)(B).1

They contend that this lawsuit is the plaintiff’s second lawsuit challenging foreclosure and that the first lawsuit she filed against Wilmington and the former loan servicer in 2018 was voluntarily dismissed without prejudice under Rule 41(a)(1)(A)(ii).

Defendants did not raise this argument in their response to the voluntary dismissal, however.

While their response argued that both lawsuits are nothing more than an attempt to stop foreclosure, and that her claims should be barred under the doctrines of judicial estoppel and res judicata, it did not reference the “two-dismissal” rule nor argue that it is applicable in this case.

Notwithstanding the failure to raise this argument in the response, it is unavailing.

It is well established that the “two-dismissal” rule of Rule 41(a)(1)(B) does not apply to Rule 41(a)(2) motions. See Am. Cyanamid Co. v. McGhee, 317 F.2d 295, 297-98 (5th Cir. 1963); see also Thunderhorse v. Collier, 815 F. App’x 798, 799 (5th Cir. 2020) (“While Rule 41(a)(2) gives the district court the discretion to convert a motion to dismiss without prejudice to a dismissal with prejudice, the dismissal may not rely on Rule 41(a)(1)(B), and the district court must allow the plaintiff the opportunity to retract his motion and to reject the condition of dismissal with prejudice.”) (internal citations omitted). This objection is therefore overruled.

Defendants also appear to object that the plaintiff intends to dismiss this case without prejudice. They assert that after the plaintiff’s voluntary dismissal was filed, there was a stipulation with the plaintiff’s former attorney for a dismissal with prejudice. Included with their objections is a copy of the letter from the former attorney, confirming that the plaintiff provided written authorization to dismiss her claims with prejudice.

Defendants did not make this assertion in their response, and they did not file the letter before the magistrate judge’s recommendation was issued. Even considering this assertion, the letter does not establish that the plaintiff seeks to dismiss her claims without prejudice. It was dated the day that her attorney withdrew, and the motion to withdraw as counsel stated that a conflict of interest existed because the former attorney and the plaintiff were no longer in agreement. Moreover, the plaintiff’s motion sought to dismiss without prejudice. This objection is overruled.

For the reasons stated in this order as well as in the Findings, Conclusions, and Recommendation, Paula Diane Duncanson is sua sponte DISMISSED from the lawsuit as an improperly joined defendant, and the plaintiff’s Notice of Dismissal, filed January 29, 2021 (doc. 6), is liberally construed as a motion to dismiss her claims against the remaining defendants without prejudice under Rule 41(a)(2) and GRANTED.

By separate judgment, all of the plaintiff’s claims against the defendants will be DISMISSED without prejudice.

The counterclaims against the plaintiff remain pending in this case.

SIGNED this 30th day of April, 2021.

JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

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U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:21-cv-00122-B-BH

Arkansas v. Specialized Loan Servicing LLC et al
Assigned to: Judge Jane J. Boyle
Referred to: Magistrate Judge Irma Carrillo Ramirez

Case in other court:  192nd Judicial District Court, Dallas County, TX, DC-20-18439

Cause: 28:1332 Diversity-Notice of Removal

Date Filed: 01/19/2021
Jury Demand: Plaintiff
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Charlene Arkansas represented by Charlene Arkansas
6415 Lazy River Drive
Dallas, TX 75241
214-375-8689
PRO SEAnthony Marquis Farmer
The Farmer Law Group PLLC
400 S Zang Blvd
Suite 350
Dallas, TX 75208
214-948-8333
Fax: 214-948-0378
Email: afarmer@farmerlawgroup.com
TERMINATED: 02/12/2021
Bar Status: Admitted/In Good StandingKyle A Coker
Friedman & Feiger LLP
5301 Spring Valley Road
Suite 200
Dallas, TX 75254
972-788-1400
Fax: 972-788-2667
Email: kyle@fflawoffice.com
TERMINATED: 02/12/2021
Bar Status: Admitted/In Good Standing
V.
Defendant
Specialized Loan Servicing LLC
TERMINATED: 04/30/2021
represented by Branch M Sheppard
Galloway Johnson Tompkins Burr & Smith
1301 McKinney Suite 1400
Houston, TX 77010
713-599-0700
Fax: 713-599-0777
Email: bsheppard@gallowaylawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingBerenice Medellin Pruettiangkura
Galloway Johnson Tompkins Burr & Smith
14643 Dallas Parkway
Suite 635
Dallas, TX 75254
214-545-6389
Fax: 214-442-7973
Email: bmedellin@gallowaylawfirm.com
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
Defendant
Wilmington Trust NA
As Successor Trustee to Citibank NA, as Trustee for Bear Stearns Asset Backed Securities I Tust 2006-HE4, Asset-Backed Certificates, Series 2006-HE4
TERMINATED: 04/30/2021
represented by Branch M Sheppard
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingBerenice Medellin Pruettiangkura
(See above for address)
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
Defendant
Paula Diane Duncanson
TERMINATED: 04/30/2021
Counter Claimant
Specialized Loan Servicing LLC
TERMINATED: 04/30/2021
represented by Branch M Sheppard
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingBerenice Medellin Pruettiangkura
(See above for address)
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
Counter Claimant
Wilmington Trust NA
As Successor Trustee to Citibank NA, as Trustee for Bear Stearns Asset Backed Securities I Tust 2006-HE4, Asset-Backed Certificates, Series 2006-HE4
TERMINATED: 04/30/2021
represented by Branch M Sheppard
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingBerenice Medellin Pruettiangkura
(See above for address)
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
V.
Counter Defendant
Charlene Arkansas represented by Anthony Marquis Farmer
(See above for address)
TERMINATED: 02/12/2021
Bar Status: Admitted/In Good StandingKyle A Coker
(See above for address)
TERMINATED: 02/12/2021
Bar Status: Admitted/In Good Standing

 

Date Filed # Docket Text
04/13/2021 21 OBJECTION filed by Specialized Loan Servicing LLC, Wilmington Trust NA re: 20 Findings and Recommendations re 6 Notice of Dismissal filed by Charlene Arkansas. (Attachments: # 1 Exhibit(s) A – Objection to Report) (Sheppard, Branch) (Entered: 04/13/2021)
04/30/2021 22 ORDER ACCEPTING 20 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Jane J. Boyle on 4/30/2021) (ykp) (Entered: 04/30/2021)
04/30/2021 23 PARTIAL JUDGMENT: It is ORDERED, ADJUDGED and DECREED that Paula Diane Duncanson is sua sponte DISMISSED from the lawsuit as an improperly joined defendant. All of the plaintiff’s claims against Specialized Loan Servicing, LLC and WilmingtonTrust, National Association, as Successor Trustee to Citibank, N.A., as Trustee for Bear Sterns Asset Backed Securities I Trust 2006-HE4 Asset-Backed Certificates, Series 2006-HE4 are DISMISSED without prejudice. The taxable costs of court, as calculated by the clerk of the court, are assessed against the plaintiff. (Ordered by Judge Jane J. Boyle on 4/30/2021) (ykp) (Entered: 04/30/2021)
05/03/2021 24 ORDER: Proposed Scheduling Order due by 5/24/2021. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/3/2021) (mcrd) (Entered: 05/03/2021)
06/07/2021 25 Order to Show Cause. No later than 6/21/2021, the parties must show cause in writing for their failure to comply with the order for scheduling proposals and file the required scheduling proposals. If the counterclaimants fail to comply with this order, dismissal of the counterclaims for failure to prosecute or follow court orders may be recommended without further notice. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/7/2021) (mcrd) (Entered: 06/07/2021)
06/08/2021 26 RESPONSE filed by Specialized Loan Servicing LLC re: 25 Order to Show Cause/Order to Answer, (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C) (Sheppard, Branch) (Entered: 06/08/2021)
06/08/2021 27 Counter-Plaintiffs’ Proposed Scheduling Order filed by Specialized Loan Servicing LLC (Sheppard, Branch) Modified event text on 6/8/2021 (jmg). (Entered: 06/08/2021)
06/09/2021 28 ORDER: Amended Pleadings due by 12/7/2021. Discovery due by 3/7/2022. Joinder of Parties due by 12/7/2021. Deadline for mediation is on or before 3/21/2022. Motions due by 4/4/2022. Status Report due by 3/28/2022. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/9/2021) (mcrd) (Entered: 06/09/2021)
08/20/2021 29 MOTION for Summary Judgment filed by Specialized Loan Servicing LLC, Wilmington Trust NA with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I) (Sheppard, Branch) (Entered: 08/20/2021)
08/23/2021 30 ORDER re: 29 Defendant’s Motion for Summary Judgement Pursuant to Fed. R. Civ. P. 56. The plaintiff may file a response by 9/10/2021. The defendants may file a reply by 9/24/2021. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/23/2021) (mcrd) (Entered: 08/23/2021)
Farmer Law Group Didn’t Fix It, The Foreclosure Case Proceeds As He Sheepishly Departs the Case, Prejudiced
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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