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Vela v. Carrington Mortgage Services, LLC
(7:22-cv-00364)
District Court, S.D. Texas
OCT 14, 2022 | REPUBLISHED BY LIT: FEB 7, 2023
1 At the January 4, 2023 status conference before the Court, counsel for Plaintiffs represented that Plaintiffs would dismiss this matter.
Counsel for Carrington subsequently attempted to contact counsel for Plaintiffs multiple times via email for Plaintiffs’ consent to this filing.
Counsel for Plaintiffs was unresponsive.
Therefore, Carrington submits his Proposed Stipulation of Dismissal without Plaintiffs’ counsel’s signature.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (McAllen)
CIVIL DOCKET FOR CASE #: 7:22-cv-00364
| Vela et al v. Carrington Mortgage Services, LLC Assigned to: Judge Randy Crane Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 10/14/2022 Date Terminated: 02/06/2023 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Eloisa Vela | represented by | Eloisa Vela PRO SE |
| Plaintiff | ||
| Eleazar Vela | represented by | Eleazar Vela PRO SE |
| V. | ||
| Defendant | ||
| Carrington Mortgage Services, LLC | represented by | Jon Howard Patterson Bradley Arant et al One Federal Place 1819 Fifth Avenue North Birmingham, AL 35203 205-521-8000 Fax: 205-488-6403 Email: jpatterson@bradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDGabriella Elise Alonso Bradley Arant Boult Cummings 600 Travis Street Suite 4800 Houston, TX 77002 713-576-0339 Fax: 713-576-0301 Email: galonso@bradley.com ATTORNEY TO BE NOTICEDMark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 N. Dallas Parkway, Ste. 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/14/2022 | 1 | NOTICE OF REMOVAL from 370th Judicial District, Hidalgo County, Texas, case number C-3800-22-G (Filing fee $ 402 receipt number ATXSDC-28925832) filed by Carrington Mortgage Services, LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 10/14/2022) |
| 10/14/2022 | 2 | CERTIFICATE OF INTERESTED PARTIES by Carrington Mortgage Services, LLC, filed.(Cronenwett, Mark) (Entered: 10/14/2022) |
| 10/14/2022 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/6/2022 at 09:30 AM before Judge Randy Crane(by Judge Randy Crane) Parties notified.(JenniferNogueira, 7) (Entered: 10/14/2022) |
| 10/14/2022 | 4 | NOTICE of Appearance by Jon H. Patterson on behalf of Carrington Mortgage Services, LLC, filed. (Patterson, Jon) (Entered: 10/14/2022) |
| 10/14/2022 | 5 | NOTICE of Appearance by Gabriella E. Alonso on behalf of Carrington Mortgage Services, LLC, filed. (Alonso, Gabriella) (Entered: 10/14/2022) |
| 10/21/2022 | 6 | ANSWER to 1 State Court Petition/Notice of Removal by Carrington Mortgage Services, LLC, filed.(Alonso, Gabriella) (Entered: 10/21/2022) |
| 12/06/2022 | 7 | NOTICE OF RESCHEDULING OF INITIAL PRETRIAL CONFERENCE. Initial Conference reset for 1/4/2023 at 09:30 AM before Chief Judge Randy Crane.(Signed by Chief Judge Randy Crane) Parties notified.(JenniferNogueira, 7) (Entered: 12/06/2022) |
| 01/03/2023 | 8 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by Carrington Mortgage Services, LLC, filed.(Alonso, Gabriella) (Entered: 01/03/2023) |
| 01/04/2023 | 9 | ORDER TO SHOW CAUSE (Show Cause Hearing set for 2/7/2023 at 09:30 AM before Chief Judge Randy Crane).(Signed by Chief Judge Randy Crane) Parties notified.(SandraSilva, 7) (Entered: 01/04/2023) |
| 02/06/2023 | 10 | STIPULATION of Dismissal with Prejudice by Carrington Mortgage Services, LLC, filed. (Attachments: # 1 Proposed Order)(Alonso, Gabriella) (Entered: 02/06/2023) |
| 02/06/2023 | 11 | ORDER OF DISMISSAL. Case terminated on 2/6/2023. (Signed by Chief Judge Randy Crane) Parties notified.(JenniferNogueira, 7) (Entered: 02/06/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/07/2023 08:53:22 |
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Rex
February 9, 2023 at 12:31 am
Pro Se Pleadings are to be liberally construed … except in Texas. It goes back to the state court ruling and the usage of the word “however.” That extra layer of BS appears to have bled over to the Federal Courts in Texas.
What is documented on the record, Fraud upon the Court. This particular kind of fraud cannot be perpetrated by Pro Se litigants, only Officers of the Court. Which includes all those licensed for the commercial business practice of law, including the judge. This is known as Extrinsic Fraud Upon The Court. (US v. Throckmorton)
The Plaintiffs have been deprived of their right(s) to redress their grievances, their rights have been denied remedy. This falls under the category, “Conspiracy Against Rights.” Refer to 18 U.S.C. § 241.