Manzanares v. Select Portfolio Servicing, Inc.
(4:22-cv-01141)
District Court, S.D. Texas
APR 8, 2022 | REPUBLISHED BY LIT: JUN 27, 2022
The case would settle 19 days after removal to Judge Charles Eskridge’s federal courtroom.
Property: 12431 Grossmount Dr, Houston, TX 77066
The property is shown as sold to Christian Consultants of Texas (CCTX) per HCAD and the sum stated in LeBoeuf’s petition is $120,000 on a property worth around $100,000 more, e.g. $217,800 per Zillow.
That raises a lot of questions about the advice and legal representation the homeowners received and the likelyhood of conflicts of interest, fraud, deception and theft of a home by unregulated and unlicensed companies and their agents.
In particular, it is known from this and other acquisitions of property by deception, CCTX do not pay any consideration for the property.
And how come Jason LeBoeuf has changed from Vilt and Associates in Harris County to his own law firm in federal court? Who paid his legal fees? Was it the homeowners? Or, as in VIVANCO, ARTURO vs. CHRISTIAN CONSULTANTS OF TEXAS LLC, Harris County District Court case #202207293, was it CCTX?
STIPULATION OF DISMISSAL WITHOUT PREJUDICE
Plaintiffs, Marco and Virginia Manzanares (“Plaintiffs”) hereby file this Stipulation of Dismissal without Prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, and would respectfully show unto the Court as follows:
1. Plaintiffs filed this lawsuit against Defendants, Select Portfolio Servicing, Inc. (“SPS”) and Athene Annuity & Life Insurance Company (“Athene”) (collectively referred to herein as “Defendants”), in State Court on April 4, 2022. Defendants removed the matter to this Court on April 8, 2022, based on Diversity Jurisdiction.
2. Plaintiffs wish to dismiss all claims against Defendants without prejudice.
3. In conformity with Rule 41(a)(1)(A)(ii), this Stipulation is signed by all parties who have appeared in the action.
4. By this Stipulation, it is hereby stipulated that all claims and causes of action brought by Plaintiffs against Defendants, are dismissed without prejudice to re-filing same or any part thereof.
5. Plaintiffs and Defendants further stipulate that all costs of court, attorney’s fees and other costs incurred are to be borne by the party incurring the same.
WHEREFORE, PREMISES CONSIDERED, all claims and causes of action brought by Plaintiffs against Defendants are dismissed without prejudice by stipulation of all parties.
By: /s/ Jason A. LeBoeuf
Jason A. LeBoeuf
Texas State Bar No. 24032662
675 Town Square Blvd.,
Suite 200 Building 1A
Garland, Texas 75040
214-206-7423 Telephone
214-730-5944 Facsimile
jason@leboeuflawfirm.com
ATTORNEYS-IN-CHARGE FOR PLAINTIFFS
By: /s/ Michael F. Hord Jr.
Michael F. Hord, Jr.
Texas Bar No. 00784294
Eric C. Mettenbrink
Texas Bar No. 24043819
HIRSCH & WESTHEIMER, P.C.
1415 Louisiana,
36th Floor Houston,
Texas 77002
(713) 220-9182 Telephone
(713) 223-9319 Facsimile
mhord@hirschwest.com
emettenbrink@hirschwest.com
ATTORNEYS-IN-CHARGE FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that on this 27th day of April, 2022, a true and correct copy of the foregoing and/or attached was served on each attorney of record or party in accordance with Federal Rule of Civil Procedure 5(b) as follows:
Jason A. LeBoeuf
675 Town Square Blvd.,
Suite 200 Building 1A
Garland, TX 75040
Via ECF
/s/ Michael F. Hord Jr. Michael F. Hord Jr.
202220098
MANZANARES, MARCO vs. SELECT PORTFOLIO SERVICING INC
APR 4, 2022 | REPUBLISHED BY LIT: JUN 27, 2022
The case was removed on April 8, 2022 per the Harris County Court Docket.
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