Hicks v. Cenlar FSB
No movement on the docket as at September 4, 2021….ssshhh, Bennett’s sleepin’, it’s 16 September and still nothin’…
District Court, S.D. Texas
MAY 12, 2020 | REPUBLISHED BY LIT: AUG 16, 2021
In this new egregious 2021 scam scheme by federal courts and their foreclosure mill attorneys and creditor rights law firms to strip more cash out of foreclosed homeowners, this is the most outrageous move in recent times, namely a request for attorney fees. To be sure, this was hardly ever granted for over a decade in federal courts, but now they are implementing this new scheme to set new precedent. They try and substantiate the fees by saying it is not a personal judgment, it gets paid from the sale – but that means the homeowners equity is reduced by these ridiculous fees.
And when you look at BDF Hopkins ‘corrected‘ summary judgment and request for fees, there is no breakdown of the time spent on the case by BDF Hopkins counsel, just a lump sum demand via affidavit. Furthermore, you’ve got Shelley Hopkins of Hopkins Law, PLLC, added to the case in May and yet there is no affidavit for her time on the case? And the signature for BDF’s Gibson is a copy, it’s clearly cut and pasted from another document. That is quite obviously insufficient evidence.
LIT suggests that the summary judgment was overseen by Hopkins, not Gibson, as Shelley Hopkins appeared in May, attended a virtual conference and then the next filing is for summary judgment – and hence the cut n’ paste signature in the affidavit – under the penalty of perjury.
MAY 10, 2021
ATTORNEY’S FEE DECLARATION
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the following statements are true and correct:
1. “My name is Crystal Gee Gibson. I am over the age of 21 years and am fully competent to make this Declaration. All statements of fact made herein are true, correct, and within my personal knowledge.
2. I am a licensed attorney practicing in Texas. I handle cases in Harris County and counties throughout Texas. I am familiar with the reasonable attorney’s fees for cases involving excess proceeds and suits of this nature and a reasonable attorney fee in this matter would be $5,117.00 for prosecution of this matter to Judgment, plus costs in the amount of $406.68. This amount is both reasonable in nature and necessary as a result of the litigation.
This number represents actual attorneys’ fees at the billable hour rate of $215.00 per hour, which were incurred by Defendant through the course of this litigation.
Defendant incurred these fees in all or in part by the following acts taken by its attorneys:
3. In connection with this lawsuit, I have spent time conferring and reviewing relevant documents, researching the property records, reviewing prior litigation and foreclosure history since 2009, drafting the answer, affirmative defenses and counterclaim, drafting removal documents, preparing a joint case management plan, attending a Rule 26(f) conference, drafting Rule 26 Disclosures, drafting Rule 26 Expert Designations, and drafting Defendants’ Motion for Summary Judgment and client affidavit as well as attendance at status conferences.
I have currently expended 23.8 hours of time and expect to expend approximately 2 more hours on reviewing and reply to Plaintiff’s MSJ response which totals 25.8 hours through the conclusion of this lawsuit. Defendant has also incurred costs in the amount of $406.68.
4. The Texas Civil Practices and Remedies Code §38.001 et. seq. provides for fair, usual, reasonable, and customary attorneys’ fees in this matter. Reasonable attorney’s fees and costs through the conclusion of this mater are $5523.68.
Crystal Gee Gibson
Date: May 5, 2021
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:20-cv-01661
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|Hicks v. Cenlar FSB
Assigned to: Judge Alfred H Bennett
Cause: 28:1441 Notice of Removal
|Date Filed: 05/12/2020
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
|Jeanie Hicks||represented by||Jeanie Hicks
4403 Ebbtide Drive
Houston, TX 77045
|Cenlar FSB||represented by||Shelley L. Hopkins
Hopkins Law, PLLC
3 Lakeway Centre Ct.
Austin, TX 78734
ATTORNEY TO BE NOTICEDCrystal G Gibson
Barrett Daffin et al
4004 Belt Line Road
Addison, TX 75001
ATTORNEY TO BE NOTICED
|Cenlar FSB||represented by||Crystal G Gibson
(See above for address)
ATTORNEY TO BE NOTICED
|Date Filed||#||Docket Text|
|05/12/2020||1||NOTICE OF REMOVAL from 190th District of Harris County, case number 2020-13548 (Filing fee $ 400 receipt number 0541-24653828) filed by Cenlar FSB. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A-State Court Pleadings, # 3 Exhibit B-Notice to State Court of Removal, # 4 Exhibit C-List of All Counsel, # 5 Exhibit D-Harris Co. CAD)(Gibson, Crystal) (Entered: 05/12/2020)|
|05/12/2020||2||First CORPORATE DISCLOSURE STATEMENT by Cenlar FSB, filed.(Gibson, Crystal) (Entered: 05/12/2020)|
|05/12/2020||3||NOTICE OF SERVICE of Mandatory Initial Discovery Responses by Cenlar FSB, filed. (Gibson, Crystal) (Entered: 05/12/2020)|
|05/13/2020||4||ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/14/2020 at 09:30 AM in Courtroom 8C before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(ChristopherSarratadi, 4) (Entered: 05/13/2020)|
|05/13/2020||5||NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (ChristopherSarratadi, 4) (Entered: 05/13/2020)|
|06/16/2020||6||ANSWER to 1 State Court Petition/Notice of Removal, COUNTERCLAIM against Jeanie Hicks by Cenlar FSB, filed. (Attachments: # 1 Exhibit A-Note, # 2 Exhibit B-Deed of Trust, # 3 Exhibit C-Assignment, # 4 Exhibit D-Notice of Default)(Gibson, Crystal) (Entered: 06/16/2020)|
|08/05/2020||7||JOINT DISCOVERY/CASE MANAGEMENT PLAN by Cenlar FSB, filed. (Attachments: # 1 Proposed Order)(Gibson, Crystal) (Entered: 08/05/2020)|
|08/06/2020||8||MOTION for Continuance of Initial Pretrial Conference by Jeanie Hicks, filed. Motion Docket Date 8/27/2020. (EdnitaPonce, 1) (Entered: 08/06/2020)|
|08/07/2020||9||NOTICE of Resetting. Parties notified. Initial Conference set for 10/2/2020 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 08/07/2020)|
|10/02/2020||10||SCHEDULING ORDER. Amended Pleadings due by 10/9/2020. Pltf Expert Report due by 12/4/2020. Deft Expert Report due by 12/18/2020. Discovery due by 11/6/2020. Dispositive Motion Filing due by 1/15/2021. Non-Dispositive Motion Filing due by 1/15/2021. Joint Pretrial Order due by 3/8/2021. Pretrial Conference set for 3/26/2021 at 01:30 PM in Courtroom 8C before Judge Alfred H Bennett Docket Call set for 3/29/2021 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 10/02/2020)|
|10/02/2020||11||NOTICE of Setting. Parties notified. Status Conference set for 1/8/2021 at 10:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 10/02/2020)|
|11/30/2020||12||CLERKS NOTICE of Status Hearing. A status hearing is scheduled in this case January 8, 2021 at 10:00 a.m. via Zoom. Parties will receive connection instructions the day before the hearing. Parties notified, filed. (ledwards, 4) (Entered: 11/30/2020)|
|12/16/2020||13||Expert Report of Crystal Gee Gibson by Cenlar FSB, filed.(Gibson, Crystal) (Entered: 12/16/2020)|
|01/08/2021||14||CLERKS NOTICE of Status Conference. A status conference is scheduled April 30, 2021 at 10:00 a.m. via Zoom. Parties will receive connection instructions the day before the setting. Parties notified, filed. (ledwards, 4) (Entered: 01/08/2021)|
|01/20/2021||15||Opposed MOTION to Modify as to 10 Scheduling Order,, by Cenlar FSB, filed. Motion Docket Date 2/10/2021. (Gibson, Crystal) (Entered: 01/20/2021)|
|02/18/2021||16||SCHEDULING ORDER Granting 15 Opposed MOTION to Modify as to 10 Scheduling Order,,. ( Amended Pleadings due by 5/3/2021., Pltf Expert Report due by 6/28/2021., Deft Expert Report due by 7/12/2021., Discovery due by 7/28/2021., Dispositive Motion Filing due by 8/4/2021., Non-Dispositive Motion Filing due by 8/4/2021., Joint Pretrial Order due by 9/20/2021., Docket Call set for 10/8/2021 at 01:30 PM in Courtroom 8C before Judge Alfred H Bennett, Jury Trial set for 10/12/2021 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett)(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 02/18/2021)|
|04/23/2021||17||ORDER Status Conference reset for 5/7/2021 at 10:00 AM in by video before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 04/23/2021)|
|05/06/2021||18||STRICKEN FROM THE RECORD per Doc (#22) (Entered: 05/06/2021)|
|05/06/2021||19||BRIEF in support re: 18 MOTION for Summary Judgment by Cenlar FSB, filed. (Attachments: # 1 Affidavit Rushmore, # 2 Exhibit A-1 Note, # 3 Exhibit A-2 Deed of Trust, # 4 Exhibit A-3 Assignments, # 5 Exhibit A-4 – 5-13-20 NOD, # 6 Exhibit A-5- 7-21-11 NOD, # 7 Exhibit A-6 – payoff, # 8 Exhibit B, Afd and B-1, and B-2, # 9 Exhibit C-Declaration Atty Fees)(Gibson, Crystal) (Entered: 05/06/2021)|
|05/07/2021||20||NOTICE of Setting. Parties notified. Status Conference reset for 6/5/2021 at 10:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 05/07/2021)|
|05/07/2021||21||CORRECTED NOTICE of Resetting. Parties notified. Status Conference set for 7/16/2021 at 10:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 05/07/2021)|
|05/10/2021||22||ORDER striking 18 Motion for Summary Judgment.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 05/10/2021)|
|05/10/2021||23||NOTICE of Appearance by Shelley L. Hopkins on behalf of Cenlar FSB, filed. (Hopkins, Shelley) (Entered: 05/10/2021)|
|07/16/2021||24||Minute Entry for proceedings held before Judge Alfred H Bennett. STATUS CONFERENCE held on 7/16/2021. Ms. Hopkins council for Cenlar FSB gave the Court a status update. Ms. Jeanie Hicks was not present but was aware of the status conference. She was provided with copies of the setting via email and by U.S. postal mail. Appearances: Shelley L. Hopkins.(Court Reporter: Miller), filed.(jguajardo, 4) (Entered: 07/17/2021)|
|07/28/2021||25||Corrected MOTION for Summary Judgment by Cenlar FSB, filed. Motion Docket Date 8/18/2021. (Attachments: # 1 Affidavit A-Declaration of Cenlar, # 2 Exhibit A-1-Note, # 3 Exhibit A-2-Deed of Trust, # 4 Exhibit A-3-Assignment, # 5 Exhibit A-4-NOD 5-13-20, # 6 Exhibit A-5-payoff, # 7 Exhibit A-6-NOD 7-12-11, # 8 Affidavit B-Declaration of BDFTE, # 9 Affidavit C-Attorney’s Fee Declaration, # 10 Proposed Order)(Gibson, Crystal) (Entered: 07/28/2021)|