Watson v. Regions Bank
(4:21-cv-00985)
District Court, E.D. Texas
DEC 13, 2021 | REPUBLISHED BY LIT: DEC 14, 2021
JOINT STIPULATION OF DISMISSAL
On this the 25th day of July 2023, Defendant Regions Bank dba Regions Mortgage (“Defendant”), by and through its undersigned counsel Shelley L. Hopkins and Plaintiff Gay Ann Watson (“Plaintiff”) (collectively “the Parties”), by and through her undersigned counsel Jason LeBoeuf, hereby stipulate that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims and causes of action asserted by Plaintiff against Defendant in this suit are dismissed with prejudice.
Respectfully submitted,
By: /s/ Shelley L. Hopkins
Shelley L. Hopkins
State Bar No. 24036497
HOPKINS LAW, PLLC
3 Lakeway Centre Ct., Suite 110
Austin, Texas 78734
(512) 600-4320
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP – Of Counsel
ShelleyH@bdfgroup.com
shelley@hopkinslawtexas.com
Robert D. Forster, II
State Bar No. 24048470
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP
4004 Belt Line Road, Ste. 100
Addison, Texas 75001
(972) 386-5040
RobertFO@bdfgroup.com
Attorneys for Defendant
By: /s/ Jason A. LeBoeuf
Jason A. LeBoeuf
State Bar No. 24032662
LeBoeuf Law Firm, PLLC
675 Town Square Blvd., Suite 200
Building 1A
Garland, Texas 75040
(512) 600-4320
jason@leboeuflawfirm.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the 25th day of July 2023, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF filing system, and will send a true and correct copy to the following:
No movement since Gibson left BDF Hopkins.
New foreclosure case. Bookmark for updates.
Plaintiff has accumulated significant equity in the Property, which is now valued at approximately $220,000. The payoff on Plaintiff’s Loan is approximately $22,000, and her monthly mortgage payment is only about $479. Plaintiff faces the loss of her homestead and the nest egg she has accumulated over the years if Defendant is allowed to foreclose. Plaintiff has attempted to make payments, but Defendant will not accept them.
ORDER AND ADVISORY
Before the Court is the above styled and numbered case.
The Court has received Defendant’s Notice of Removal (Dkt. #1) and therefore enters the following Order and Advisory.
The Federal Rules of Civil Procedure do not require parties to replead following removal.
Fed. R. Civ. P. 81(c)(2).
However, the parties should note the different pleading standards in state and federal court. In particular, Federal Rule of Civil Procedure 8(b) mandates that a defending party admit or deny each allegation against it.
Also, Federal Rule of Civil Procedure 9 sets forth heightened pleading requirements for certain matters.
In the interest of efficient management of its docket, the Court ORDERS the parties to replead as necessary to comply with the Federal Rules of Civil Procedure and the Court’s Local Rules.1
Plaintiff’s amended complaint is due thirty (30) days from the date of this order.
Defendant’s amended answer is due twenty (20) days from receipt of the amended complaint.
Any prior deadline for Defendant’s answer shall be extended to the date set by this order.
The Court also directs the parties’ attention to Local Rule CV-7.
While the parties should be familiar with all the Federal and Local Court Rules, the Court points to this rule specifically
1 The Court’s Local Rules are available through the Court’s website, at http://www.txed.uscourts.gov.
as it renders moot all motions urged prior to removal.
Accordingly, the Court will only consider motions reurged in this Court.
In the event that Plaintiff files a timely motion for remand, the deadlines set forth in this order are suspended pending resolution of the motion.
If the Court denies the motion to remand, Plaintiff’s amended complaint will be due 30 days from the date the order is signed.
IT IS SO ORDERED.
AMOS MAZZANT
UNITED STATES DISTRICT JUDGE
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U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:21-cv-00985-ALM
| Watson v. Regions Bank Assigned to: District Judge Amos L. Mazzant, III
Cause: 28:1332 Diversity-Petition for Removal |
Date Filed: 12/20/2021 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Gay Ann Watson | represented by | Jason A LeBoeuf Vilt & Associates, P.C. 2435 North Central Expressway, Suite 1200 Richardson, TX 75080 214.206.7423 Fax: 214.730.5944 Email: Jason@leboeuflawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Regions Bank doing business as Regions Mortgage |
represented by | Crystal Gee Gibson Barrett Daffin Frappier Turner & Engel, LLP – Addison 4004 Belt Line Road, Suite 100 Addison, TX 75001 972-340-7901 Fax: 972-341-0734 Email: crystalr@bdfgroup.com ATTORNEY TO BE NOTICEDRobert Davis Forster , II Barrett Daffin Frappier Turner & Engel, LLP – Addison 15000 Surveyor Blvd, Suite 100 Addison, TX 75001 972-340-7948 Fax: 972-341-0734 Email: robertfo@bdfgroup.com ATTORNEY TO BE NOTICEDShelley Luan Hopkins Hopkins Law PLLC – Austin 3 Lakeway Centre Ct Suite 110 Austin, TX 78734 512-600-4320 Email: shelley@hopkinslawtexas.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/20/2021 | 1 | NOTICE OF REMOVAL by Regions Bank dba Regions Mortgage from 471st Judicial District Court, Collin County, Texas, case number 471-06685-2021. (Filing fee $ 402 receipt number 0540-8717495), filed by Regions Bank dba Regions Mortgage. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Hopkins, Shelley) (Entered: 12/20/2021) |
| 12/20/2021 | 2 | CORPORATE DISCLOSURE STATEMENT filed by Regions Bank dba Regions Mortgage (Hopkins, Shelley) (Entered: 12/20/2021) |
| 12/20/2021 | 3 | ***PETITION ORIGINALLY FILED IN STATE COURT*** COMPLAINT against Regions Bank, filed by Gay Ann Watson.(mem) (Entered: 12/20/2021) |
| 12/20/2021 | 4 | ***ANSWER ORIGINALLY FILED IN STATE COURT*** ANSWER to 3 Complaint by Regions Bank.(mem) (Entered: 12/20/2021) |
