No. 4 – CIVIL ACTION IN SDTX FEDERAL COURT (2021)
Parffrey v. PHH Mortgage Corporation
(4:21-cv-03151)
District Court, S.D. Texas
SEP 28, 2021 | REPUBLISHED BY LIT: OCT 2, 2021
No movement on the docket since Aug. 15, 2022
DESIGNATION OF EXPERT WITNESS LIST by Bryon A Parffrey, filed.
(jdav, 4) (Entered: 08/15/2022)
Updated Parties and Docket as at Oct 7, 2022 (Parffrey still without Counsel after DeLaRogue Bailed)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Create an Alert for This Case on RECAP
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: Plaintiff Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Plaintiff | ||
Bryon A Parffrey | represented by | Bryon A Parffrey 2610 Tudor Manor Houston, TX 77082 281-782-7966 Fax: 281-588-5821 PRO SEErick Joseph DeLaRue Law Office of Erick DeLaRue, PLLC 2800 Post Oak Boulevard Suite 4100 Houston, TX 77056 713-899-6727 Email: erick.delarue@delaruelaw.com TERMINATED: 06/15/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
PHH Mortgage Corporation | represented by | Robert T Mowrey Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDElizabeth Kristin Duffy Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201 214-740-8673 Email: eduffy@lockelord.com ATTORNEY TO BE NOTICED |
Counter Claimant | ||
PHH Mortgage Corporation | represented by | Robert T Mowrey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDElizabeth Kristin Duffy (See above for address) ATTORNEY TO BE NOTICED |
V. | ||
Counter Defendant | ||
Bryon A Parffrey | represented by | Bryon A Parffrey (See above for address) PRO SEErick Joseph DeLaRue (See above for address) TERMINATED: 06/15/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Third Party Defendant | ||
Angeline Parffrey | ||
Third Party Defendant | ||
Bryon A. Parffrey | ||
ThirdParty Plaintiff | ||
PHH Mortgage Corporation | represented by | Robert T Mowrey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDElizabeth Kristin Duffy (See above for address) ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
08/02/2022 | 17 | Request for Issuance of Summons as to Angeline Parffrey, filed.(Duffy, Elizabeth) (Entered: 08/02/2022) |
08/03/2022 | 18 | Summons Issued as to Angeline Parffrey. Issued summons delivered to plaintiff by NEF, filed.(ShannonHolden, 4) (Entered: 08/03/2022) |
08/08/2022 | 19 | ANSWER to 16 Third Party Complaint, 14 Counterclaim with Jury Demand, by Bryon A. Parffrey, filed.(gclair, 4) (Entered: 08/08/2022) |
08/15/2022 | 20 | DESIGNATION OF EXPERT WITNESS LIST by Bryon A Parffrey, filed.(jdav, 4) (Entered: 08/15/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
10/07/2022 03:48:55 |
Seizing the moment, Elizabeth Duffy for Locke Lord files a Counter Claim and a Third Party Complaint against the now pro-se Parffrey’s (adding spouse, Angeline Parffrey).
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Create an Alert for This Case on RECAP
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
07/25/2022 | 14 | COUNTERCLAIM against Bryon A Parffrey filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Duffy, Elizabeth) (Entered: 07/25/2022) |
07/27/2022 | 15 | Request for Issuance of Summons as to Angeline Parffrey, filed.(Duffy, Elizabeth) (Entered: 07/27/2022) |
07/28/2022 | 16 | THIRD PARTY COMPLAINT against Angeline Parffrey, Bryon A. Parffrey filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Duffy, Elizabeth) (Entered: 07/28/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
07/31/2022 08:07:15 |
On July 25, a counterclaim was filed and request for summons on July 27. No doubt Parffrey is scramblin’ to find an attorney.
LIT waited until the scheduling order of 7/7 was docketed to comment on this docket and the lack of orders and documentation regards the hearing to withdraw. There are no visible notes on the hearing, who was in attendance, whether Parffrey is allowed time to find new counsel, the time allowed, if any. It is appalling behavior – once again – by this federal judge.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Create an Alert for This Case on RECAP
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Plaintiff | ||
Bryon A Parffrey | represented by | Bryon A Parffrey 2610 Tudor Manor Houston, TX 77082 281-782-7966 Fax: 281-588-5821 PRO SEErick Joseph DeLaRue Law Office of Erick DeLaRue, PLLC 2800 Post Oak Boulevard Suite 4100 Houston, TX 77056 713-899-6727 Email: erick.delarue@delaruelaw.com TERMINATED: 06/15/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
PHH Mortgage Corporation | represented by | Robert T Mowrey Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDElizabeth Kristin Duffy Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201 214-740-8673 Email: eduffy@lockelord.com ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
06/28/2022 | 10 | RESPONSE in Opposition to 8 MOTION for Erick Delarue to Withdraw as Attorney, filed by Byron Parffrey. (Attachments: # 1 Proposed Order)(JosephWells, 4) (Entered: 06/28/2022) |
07/01/2022 | 11 | NOTICE of Setting. Parties notified. Motion Hearing on 8 Motion to withdrawal is set for 7/5/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 07/01/2022) |
07/05/2022 | 12 | SCHEDULING ORDER. Bench. Amended Pleadings due by 7/25/2022. Joinder of Parties due by 7/25/2022 Pltf Expert Report due by 8/15/2022. Deft Expert Report due by 9/15/2022. Discovery due by 11/15/2022. Dispositive Motion Filing due by 12/13/2022. Non-Dispositive Motion Filing due by 12/13/2022. Joint Pretrial Order due by 3/6/2023. Bench Trial set for 3/13/2023 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 07/06/2022) |
07/07/2022 | 13 | SCHEDULING/DOCKETING CONTROL ORDER. ETT: 3 Days. Bench trial. Amended Pleadings due by 7/25/2022. Joinder of Parties due by 7/25/2022 Pltf Expert Report due by 8/15/2022. Deft Expert Report due by 9/15/2022. Discovery due by 11/15/2022. Dispositive Motion Filing due by 12/13/2022. Non-Dispositive Motion Filing due by 12/13/2022. Joint Pretrial Order due by 3/6/2023. Bench Trial set for 3/13/2023 at 09:00 AM in Courtroom 3A before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(JosephWells, 4) (Entered: 07/07/2022) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
07/07/2022 12:51:29 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Create an Alert for This Case on RECAP
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
06/15/2022 | 9 | ORDER granting 8 Motion to Withdraw as Attorney. Attorney Erick Joseph DeLaRue terminated.(Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) (Entered: 06/15/2022) |
06/28/2022 | 10 | RESPONSE in Opposition to 8 MOTION for Erick Delarue to Withdraw as Attorney, filed by Byron Parffrey. (Attachments: # 1 Proposed Order)(JosephWells, 4) (Entered: 06/28/2022) |
07/01/2022 | 11 | NOTICE of Setting. Parties notified. Motion Hearing on 8 Motion to withdrawal is set for 7/5/2022 at 02:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 07/01/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
07/01/2022 16:13:08 |
So let’s get this right y’all. On Friday, Jun 10, DeLaRue files Expert Witness Designation List, of which DeLaRue names himself.
Then, 5 short days later, on Wed, Jun 15, Foreclosure defense lawyer
[who ain’t won any meaningful relief where a homeowner keeps his home]
wants to withdraw because client would not accept ‘settlement’ offers?
Was that the terms Parffrey accepted in the contract?
We’d love a copy because DeLaRue also has Jesus as a client and wonder if the same terms apply – also before Judge Ellison.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Create an Alert for This Case on RECAP
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
12/28/2021 | 6 | SCHEDULING ORDER. Trial Term: 3 Days. Bench Trial. Amended Pleadings due by 3/1/2022. Joinder of Parties due by 3/1/2022 Pltf Expert Witness List due by 4/20/2022. Deft Expert Witness List due by 5/20/2022. Discovery due by 8/3/2022. Dispositive Motion Filing due by 8/31/2022. Non-Dispositive Motion Filing due by 8/31/2022. Joint Pretrial Order due by 11/17/2022. Bench Trial set for 12/5/2022 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4) (Entered: 12/29/2021) |
06/10/2022 | 7 | DESIGNATION OF EXPERT WITNESS LIST by Byron Parffrey, filed.(DeLaRue, Erick) (Entered: 06/10/2022) |
06/15/2022 | 8 | MOTION for Erick Delarue to Withdraw as Attorney by Byron Parffrey, filed. Motion Docket Date 7/6/2022. (Attachments: # 1 Proposed Order)(DeLaRue, Erick) (Entered: 06/15/2022) |
PACER Service Center | |||
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Transaction Receipt | |||
06/15/2022 11:38:00 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Create an Alert for This Case on RECAP
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
12/28/2021 | 6 | SCHEDULING ORDER. Trial Term: 3 Days. Bench Trial. Amended Pleadings due by 3/1/2022. Joinder of Parties due by 3/1/2022 Pltf Expert Witness List due by 4/20/2022. Deft Expert Witness List due by 5/20/2022. Discovery due by 8/3/2022. Dispositive Motion Filing due by 8/31/2022. Non-Dispositive Motion Filing due by 8/31/2022. Joint Pretrial Order due by 11/17/2022. Bench Trial set for 12/5/2022 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4) (Entered: 12/29/2021) |
PACER Service Center | |||
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Transaction Receipt | |||
04/24/2022 17:51:10 |
NOT ON PACER AS AT APR. 13, 2022
Jan 7, 2022
Terminate Deadlines (PUBLIC ENTRY)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Create an Alert for This Case on RECAP
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
09/28/2021 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number 0541-27111961) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Civil Cover Sheet)(Duffy, Elizabeth) (Entered: 09/28/2021) |
09/28/2021 | 2 | CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation identifying PHH Corporation as Corporate Parent, filed.(Duffy, Elizabeth) (Entered: 09/28/2021) |
09/29/2021 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/14/2022 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(RachelWillborgadi, 4) (Entered: 09/29/2021) |
10/07/2021 | 4 | CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Duffy, Elizabeth) (Entered: 10/07/2021) |
12/23/2021 | 5 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by PHH Mortgage Corporation, filed.(Duffy, Elizabeth) (Entered: 12/23/2021) |
12/28/2021 | 6 | SCHEDULING ORDER. Trial Term: 3 Days. Bench Trial. Amended Pleadings due by 3/1/2022. Joinder of Parties due by 3/1/2022 Pltf Expert Witness List due by 4/20/2022. Deft Expert Witness List due by 5/20/2022. Discovery due by 8/3/2022. Dispositive Motion Filing due by 8/31/2022. Non-Dispositive Motion Filing due by 8/31/2022. Joint Pretrial Order due by 11/17/2022. Bench Trial set for 12/5/2022 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4) (Entered: 12/29/2021) |
Update, 15 Jan: Nothing on the docket re Initial Conference set for 1/14/2022 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison.
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/14/2022 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(RachelWillborgadi, 4) (Entered: 09/29/2021)
LIT is tracking the removed case. Please bookmark for further updates as the lawsuit develops. We’ll be updating this article accordingly.
Dec 23, 2021 – Joint Discovery/Case Management Plan
No. 3 – CIVIL ACTION IN SDTX FEDERAL COURT (2017-2018)
Parffrey v. Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W2
(4:17-cv-00269)
District Court, S.D. Texas
JAN 27, 2017 | REPUBLISHED BY LIT: OCT 31, 2021
In April of 2006, B. Parffrey fell behind on his payment obligations under the Note. (See Dkt. No. 27, Ex. A, Ocwen Aff. at ¶ 8.). He has remained in default of his payment obligations under the Note. (Id.). In fact, the last payment received from him was in January of 2011. (Id.). His payment obligations under the Note remain due and owing for the month of February 2011 and each subsequent month thereafter. (Id.). Nonetheless, despite his failure to render such payment, the plaintiffs have continued to occupy the Property. (Id.).
Based on the foregoing analysis and discussion, the defendants’ motion for summary judgment is GRANTED; the plaintiffs’ motion for summary judgment is DENIED. – Judge Kenneth Hoyt – 28 Sep., 2018.
No. 2 – CIVIL ACTION IN SDTX FEDERAL COURT (2014-2015)
Parffrey v. Ocwen Loan Servicing, LLC
(4:14-cv-03077)
District Court, S.D. Texas
OCT 27, 2014 | REPUBLISHED BY LIT: OCT 31, 2021
For the reasons stated above, Plaintiffs’ suit is barred by res judicata. Defendants’ Motion to Dismiss is therefore GRANTED and the case is DISMISSED WITH PREJUDICE. – Judge Keith Ellison, 14 Apr., 2015.
No. 1 – CIVIL ACTION IN STATE COURT (2011-2013)
Parffrey v. American Home Mortgage Servicing, Inc. and Deutsche Bank National Trust Company,
No. 2011-72624,
(Dist. Ct. of Harris County, Tex., 61st Judicial Dist., March 22, 2013).
2011 | REPUBLISHED BY LIT: OCT 31, 2021
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Plaintiff | ||
Byron Parffrey | represented by | Erick Joseph DeLaRue Law Office of Erick DeLaRue, PLLC 2800 Post Oak Boulevard Suite 4100 Houston, TX 77056 713-899-6727 Email: erick.delarue@delaruelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
PHH Mortgage Corporation | represented by | Robert T Mowrey Locke Lord LLP 2200 Ross Ave Ste 2800 Dallas, TX 75201-6776 214-740-8000 Fax: 214-740-8800 Email: rmowrey@lockelord.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
09/28/2021 | 1 | NOTICE OF REMOVAL (Filing fee $ 402 receipt number 0541-27111961) filed by PHH Mortgage Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Civil Cover Sheet)(Duffy, Elizabeth) (Entered: 09/28/2021) |
09/28/2021 | 2 | CORPORATE DISCLOSURE STATEMENT by PHH Mortgage Corporation identifying PHH Corporation as Corporate Parent, filed.(Duffy, Elizabeth) (Entered: 09/28/2021) |
09/29/2021 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/14/2022 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(RachelWillborgadi, 4) (Entered: 09/29/2021) |
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U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03151
Create an Alert for This Case on RECAP
Parffrey v. PHH Mortgage Corporation Assigned to: Judge Keith P Ellison
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 09/28/2021 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
Date Filed | # | Docket Text |
---|---|---|
10/07/2021 | 4 | CERTIFICATE OF INTERESTED PARTIES by PHH Mortgage Corporation, filed.(Duffy, Elizabeth) (Entered: 10/07/2021) |
12/23/2021 | 5 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by PHH Mortgage Corporation, filed.(Duffy, Elizabeth) (Entered: 12/23/2021) |
12/28/2021 | 6 | SCHEDULING ORDER. Trial Term: 3 Days. Bench Trial. Amended Pleadings due by 3/1/2022. Joinder of Parties due by 3/1/2022 Pltf Expert Witness List due by 4/20/2022. Deft Expert Witness List due by 5/20/2022. Discovery due by 8/3/2022. Dispositive Motion Filing due by 8/31/2022. Non-Dispositive Motion Filing due by 8/31/2022. Joint Pretrial Order due by 11/17/2022. Bench Trial set for 12/5/2022 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4) (Entered: 12/29/2021) |