Debt Collector

Judge Charles Eskridge Won’t Let Turncoat Lawyer Jason LeBoeuf Abandon Homeowners

That’s worthy of a hat tip from LIT. It’s time the majority of Judges who allow unopposed motions to withdraw for non-payment to follow suit.

Branch-Cooper v. BSI Financial Services, Inc.

(4:22-cv-00078)

District Court, S.D. Texas, Judge Charles Eskridge

JAN 9, 2022 | REPUBLISHED BY LIT: OCT 2, 2022

ORDER

Pending is an unopposed motion for Jason A. LeBoeuf to withdraw as counsel of record for Plaintiff Robyn Branch-Cooper.

Dkt 16.

Counsel may not freely withdraw from representation, but instead must obtain leave of court.

Matter of Wynn, 889 F2d 644, 646 (5th Cir 1989).

A court must determine that the prosecution of the lawsuit won’t be “disrupted by the withdrawal of counsel, and that the withdrawal of counsel is for good cause.”

Broughten v Voss, 634 F2d 880, 882–83 (5th Cir 1981).

Counsel must also provide reasonable notice to the client. Matter of Wynn, 889 F2d at 646.

Whether leave is granted rests within the sound discretion of the district court.

Ibid.

LeBoeuf asserts, “Plaintiff has not paid any of the earned fees, expenses of Counsel, or court costs advanced by Counsel at any point.”

Dkt 16 at 1.

This is insufficient reason for a plaintiff’s attorney to abandon a client and a cause after invoking the jurisdiction of a federal court.

Plainly, such withdrawal would inevitably delay and disrupt forward progress, especially considering the pending motion by Defendant BSI Financial Services Inc for summary judgment.

Dkt 15.

Simply put, LeBoeuf initiated this litigation as counsel to Branch-Cooper and will bear responsibility for its prosecution—or its termination—until replacement counsel is identified.

Any problems with this client or this litigation won’t be so lightly shifted to this Court and opposing counsel.

The motion for Jason A. LeBoeuf to withdraw as attorney for Plaintiff Robyn Branch-Cooper is DENIED.

Dkt 16.

Counsel for Branch-Cooper must respond to the pending motion for summary judgment or seek in good faith any other available relief.

SO ORDERED.

Signed on April 28, 2022, at Houston, Texas.

 

 

 

Hon. Charles Eskridge
United States District Judge

ORDER ON STIPULATION OF DISMISSAL. After considering the Parties Stipulation of Dismissal, the Court GRANTS the Stipulation and dismisses the case with prejudice. Case terminated on 07/26/2022 (Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4) (Entered: 07/26/2022)

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00078

Branch-Cooper v. BSI Financial Services, Inc.
Assigned to: Judge Charles Eskridge
Demand: $75,000

Case in other court:  129th Judicial District Court, Harris County, TX, 22-00068

Cause: 12:191 Bank Foreclosure

Date Filed: 01/09/2022
Date Terminated: 07/26/2022
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
Plaintiff
Robyn Branch-Cooper represented by Jason Andrew Leboeuf
Leboeuf Law Firm, PLLC
675 Town Square Blvd. Ste. 200
Building 1A
Garland, TX 75040
(214) 206-7423
Fax: (214) 730-5944
Email: jason@leboeuflawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
BSI Financial Services, Inc. represented by Christopher Scott Ferguson
Jack O’Boyle and Associates
12300 Ford Rd
Ste 212
Dallas, TX 75234
972-247-0653
Fax: 972-2470642
Email: chris@jackoboyle.com
ATTORNEY TO BE NOTICEDTravis Hegar Gray
Jack O’Boyle & Assoc
PO Box 815369
Dallas, TX 75381
972-247-0653
Email: travis@jackoboyle.com
ATTORNEY TO BE NOTICED

 

Date Filed # Docket Text
01/09/2022 1 NOTICE OF REMOVAL from 129TH DISTRICT COURT, HARRIS COUNTY, TEXAS, case number 2022-00068 (Filing fee $ 402 receipt number 0541-27578681) filed by BSI Financial Services, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gray, Travis) (Entered: 01/09/2022)
01/09/2022 2 CERTIFICATE OF INTERESTED PARTIES by BSI Financial Services, Inc., filed.(Gray, Travis) (Entered: 01/09/2022)
01/26/2022 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/1/2022 at 09:15 AM in by video before Magistrate Judge Sam S Sheldon(Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4) (Entered: 01/26/2022)
01/26/2022 4 Order in Removed Case. Statement due within ten days.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4) (Entered: 01/26/2022)
01/26/2022 5 SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 05/03/2022. Joinder of Parties due by 04/01/2022. Plaintiff Expert Report due by 11/01/2022. Deft Expert Report due by 12/01/2022. Discovery due by 01/18/2023. Mediation due by 04/04/2023. Dispositive Motion Filing due by 02/17/2023. Non-Dispositive Motion Filing due by 02/17/2023. Joint Pretrial Order due by 05/04/2023. Docket Call set for 06/20/2023 at 1:30 PM before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (jengonzalezadi) (Entered: 1/26/2022) (Entered: 01/26/2022)
02/28/2022 6 MINUTE ENTRY ORDER: On January 26, 2022, Judge Eskridge issued an Order setting the Initial Conference at 9:15 a.m. on March 1, 2022. (Dkt. No. 3.) He further ordered the parties: At least 14 days before the initial pretrial conference, counsel and all parties appearing pro se must complete and file the Joint Discovery/Case Management Plan using the form attached to the Court’s procedures. See FRCP 26(f). (Id. at 2.) The parties have failed to comply with this order. The parties are ORDERED to immediately submit a Joint/Discovery/Case Management Plan. It is further ORDERED that the Initial Conference set for 9:15 a.m. on March 1, 2022 is continued to 9:45 a.m. on March 4, 2022 by Zoom. (Signed by Magistrate Judge Sam S Sheldon) (Entered: 02/28/2022)
02/28/2022 7 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by BSI Financial Services, Inc., filed. (Gray, Travis) (Entered: 02/28/2022)
02/28/2022 8 JOINT DISCOVERY/CASE MANAGEMENT PLAN by BSI Financial Services, Inc., filed.(Gray, Travis) (Entered: 02/28/2022)
03/01/2022 9 NOTICE CERTIFICATE OF SERVICE IN REMOVED ACTION re: 3 Order for Initial Conference – FORM, by BSI Financial Services, Inc., filed. (Gray, Travis) (Entered: 03/01/2022)
03/01/2022 10 STATEMENT by BSI Financial Services, Inc., filed.(Gray, Travis) (Entered: 03/01/2022)
03/04/2022 11 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by Robyn Branch-Cooper, filed. (Leboeuf, Jason) (Entered: 03/04/2022)
03/04/2022 12 CERTIFICATE OF INTERESTED PARTIES by Robyn Branch-Cooper, filed.(Leboeuf, Jason) (Entered: 03/04/2022)
03/07/2022 13 MINUTE ENTRY ORDER: The Court conducted the Initial Conference. The Court admonished the parties to review and strictly follow Judge Eskridge’s procedures. Appearances: Travis Hegar Gray, Jason Andrew Leboeuf. Ct Reporter: ERO. Digital Number: 9:44-9:45AM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 03/07/2022)
04/18/2022 14 MOTION for Summary Judgment by BSI Financial Services, Inc., filed. Motion Docket Date 5/9/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Gray, Travis) (Entered: 04/18/2022)
04/18/2022 15 Amended MOTION for Summary Judgment FIRST AMENDED by BSI Financial Services, Inc., filed. Motion Docket Date 5/9/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Gray, Travis) (Entered: 04/18/2022)
04/25/2022 16 Unopposed MOTION for Jason A. LeBoeuf to Withdraw as Attorney by Robyn Branch-Cooper, filed. Motion Docket Date 5/16/2022. (Attachments: # 1 Proposed Order)(Leboeuf, Jason) (Entered: 04/25/2022)
04/28/2022 17 ORDER denied 16 Unopposed MOTION for Jason A. LeBoeuf to Withdraw as Attorney. The motion for Jason A. LeBoeuf to withdraw as attorney for Plaintiff Robyn Branch-Cooper is DENIED. Dkt 16. Counsel for Branch-Cooper must respond to the pending motion for summary judgment or seek in good faith any other available relief. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 04/28/2022)
05/03/2022 18 Unopposed MOTION for Extension of Time Respond to Amended Summary Judgment by Robyn Branch-Cooper, filed. Motion Docket Date 5/24/2022. (Attachments: # 1 Proposed Order)(Leboeuf, Jason) (Entered: 05/03/2022)
05/16/2022 19 ORDER granting 18 Motion for Extension of Time; Motion-related deadline set re: 18 Unopposed MOTION for Extension of Time Respond to Amended Summary Judgment. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 05/16/2022)
06/03/2022 20 NOTICE of Settlement by Robyn Branch-Cooper, filed. (Leboeuf, Jason) (Entered: 06/03/2022)
06/10/2022 21 ORDER re: 20 Notice of Settlement. The parties have provided notice of settlement. Dkt 20. All deadlines are ABATED pending finalization of the settlement agreement. The parties must file dismissal papers or otherwise advise of status by July 22, 2022.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 06/10/2022)
07/23/2022 22 STIPULATION of Dismissal BY BOTH PARTIES by BSI Financial Holdings, Inc., BSI Financial Services, Inc., filed. (Attachments: # 1 Proposed Order)(Ferguson, Christopher) (Entered: 07/23/2022)
07/26/2022 23 ORDER ON STIPULATION OF DISMISSAL. After considering the Parties Stipulation of Dismissal, the Court GRANTS the Stipulation and dismisses the case with prejudice. Case terminated on 07/26/2022 (Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4) (Entered: 07/26/2022)

 


 

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