LIT COMMENTARY
FEB 28, 2023
Fraud on the Court by Texas Lawyer Robert Newark: But It Ain’t the First Time Either https://t.co/CbtdfNCR5A@TXAG @KenPaxtonTX @AngelaPaxtonTX @GovAbbottTX @tedcruz @JohnCornyn @chiproytx @HARMembers @realestateconz @realestate_au @zillow @realtordotcom @Redfin @glennbeck @ABC pic.twitter.com/l7x9Dk4DAh
— lawsinusa (@lawsinusa) February 25, 2023
Cox v. First United Bank & Trust Company
(4:22-cv-00310)
District Court, E.D. Texas
APR 14, 2022 | REPUBLISHED BY LIT: APR 30, 2022
We’re not buyin’ the sky high lyin’ lawyer Shelley Hopkins story and neither should the Judge. This foreclosure mill has plenty of staff (per their fraudulent PPP Loans) available to attend a hearing in-person.
That said, we’ve never seen a time when Shelley Hopkins has EVER appeared in federal court in-person and as we’ve highlighted before, Forster is a straw-counsel, one on paper only – since the vanishing act of Shelley Hopkins hubby, fellow BDF Hopkins lawyer Mark Hopkins.
Even without these 3 rogues, there’s plenty of BDF Hopkins attorneys who could appear with permission of the court.
And there’s no flight ticket and proof of date of purchase attached as an exhibit to this motion to continue.
It’s time to ground BDF Hopkins and call ’em out for the liars they are and have them attend the conference, in person.
Mazzant, Mazzant?
Hmm…
Didn’t that Judge’s name came up recently?
HO HO HO, so it did…
Reversed by Judge Jim Ho et al at CA5 in a recent foreclosure appeal where Mazzant was found to have abused his position IN FAVOR OF SHELLEY HOPKINS.https://t.co/GqA8ulvEpT
OUTLAW
— lawsinusa (@lawsinusa) June 27, 2022
Witness List
You’ll notice the docket is blank as to the conference and the ‘proposed order’ is never used. Ochlocracy and corruption is clear on the face.
Judge Mazzant decided to dodge LIT’s Flak about Shelley Hopkins poor excuses. That only raises more questions about the Ochlocracy and Ex Parte Communications between counsel and judges’ in Texas Courts – remember we’ve proven it before with Albright.https://t.co/qjkBWTdu4P
— lawsinusa (@lawsinusa) June 26, 2022
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00310-ALM-KPJ
| Cox v. First United Bank & Trust Company Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Kimberly C Priest Johnson
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 04/14/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/16/2022 | 8 |
REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit)(Hopkins, Shelley) (Entered: 05/16/2022) |
| 06/01/2022 | 9 |
Unopposed MOTION to Continue Rule 16 Management Conference, or in the Alternative to Allow Remote Appearance by First United Bank & Trust Company. (Attachments: # 1 Text of Proposed Order)(Hopkins, Shelley) (Entered: 06/01/2022) |
| 06/13/2022 | 10 | AMENDED ANSWER to 3 Complaint by First United Bank & Trust Company. (Hopkins, Shelley) (Entered: 06/13/2022) |
| 06/14/2022 | 11 | SCHEDULING ORDER: Final Pretrial Conference set for 3/30/2023 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Amended Pleadings due by 9/2/2022. Discovery due by 11/28/2022. Expert Witness List due by 8/19/2022. Joinder of Parties due by 7/22/2022. Jury instructions due by 3/16/2023. Mediation Completion due by 9/30/2022. Designation of Mediator due by 8/19/2022. Motions due by 10/16/2022. Signed by District Judge Amos L. Mazzant, III on 6/14/2022. (daj, ) (Entered: 06/14/2022) |
| 06/14/2022 | 12 | ORDER OF REFERRAL. Pursuant to 28 U.S.C. §636 and the Local Rules of this Court for the Assignment of Matters to Magistrate Judges, the Court hereby REFERS the above-referenced case to the Hon. Kimberly C. Priest Johnson for all pretrial proceedings. Signed by District Judge Amos L. Mazzant, III on 6/14/2022. (daj, ) (Entered: 06/14/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/25/2022 20:55:29 |
UNOPPOSED MOTION TO CONTINUE RULE 16 MANAGEMENT CONFERENCE, OR IN ALTERNATIVE, TO ALLOW REMOTE APPEARANCE
Defendant First United Bank & Trust (“Defendant”) and files this Motion to Continue Rule 16 Management Conference, or in the Alternative to Allow Remote Appearance, and in support thereof respectfully states the following:
1. Plaintiff brought this lawsuit to prevent the foreclosure of the property made subject of this suit.
Defendant removed the lawsuit to this Court on April 14, 2022. [Doc. 1].
2. On April 22, 2022, the Court issued its Order Governing Proceedings, setting the Rule 16 management conference for June 10, 2022 at 3:00 p.m. at the Paul Brown United States Courthouse, 101 E. Pecan Street, Sherman, Texas 75090. [Doc. 6].
The Parties filed their Joint 26(f) Conference Report pursuant to the Order Governing Proceedings on May 16, 2022. [Doc. 8].
3. Counsel for Defendant, Shelley L. Hopkins and Robert D. Forster, II, both have a direct conflict with the date of the status conference as both counsel for Defendant will be out of town on June 10, 2022.
Counsel Shelley Hopkins is flying on the morning of June 10, 2022 but is available to appear by remote appearance at the conference.
4. Counsel for Defendant request that this Court reschedule the Rule 16 Management Conference to another date so that counsel may attend
or allow counsel to appear by remote appearance.
5. Counsel for Plaintiff is unopposed to this request to continue the conference.
6. This Motion is not sought for delay, but so that counsel can adequately comply with all scheduling order prerequisites and appear at the scheduling conference.
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
(972) 341-0734 (Facsimile)
RobertFO@bdfgroup.com
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF CONFERENCE
Pursuant to the Local Rules, I hereby certify that on June 1, 2022, Counsel for Plaintiff indicated by email that he is not opposed to this Motion.
/s/ Shelley L. Hopkins
Shelley L. Hopkins
CERTIFICATE OF SERVICE
I hereby certify that on this 1st day of June 2022, 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:
VIA ECF:
Robert C. Newark, III A Newark Firm
1341 W. Mockingbird Lane,
Suite 600W Dallas, Texas 75247
office@newarkfirm.com
ATTORNEYS FOR PLAINTIFF
/s/ Shelley L. Hopkins
Shelley L. Hopkins
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00310-ALM
Create an Alert for This Case on RECAP
| Cox v. First United Bank & Trust Company Assigned to: District Judge Amos L. Mazzant, III
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 04/14/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/01/2022 | 9 |
Unopposed MOTION to Continue Rule 16 Management Conference, or in the Alternative to Allow Remote Appearance by First United Bank & Trust Company. (Attachments: # 1 Text of Proposed Order)(Hopkins, Shelley) (Entered: 06/01/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/06/2022 22:10:28 |
JOINT 26(f) CONFERENCE REPORT (Monday, May 16, 2022)
Pursuant to the Court’s Order [Doc. 6] and Federal Rule of Civil Procedure 26(f), Plaintiff Russel A. Cox (“Plaintiff”) and Defendant First United Bank & Trust (“Defendant”) (collectively the “Parties”) file this Joint 26(f) Conference Report.
The conference was conducted informally by email. Robert C. Newark, III appeared on behalf of Plaintiff and Shelley L. Hopkins appeared on behalf of Defendant.
1. A brief factual and legal synopsis of the case.
RESPONSE: Plaintiff brought this lawsuit against Defendant to prevent foreclosure of the subject property and asserts claims against Defendant for negligence, violation of Texas Prop. Code Ann. Ch. 51, breach of contract, and injunctive relief. Defendant asserts that Plaintiff’s claims fail as a matter of law.
2. The jurisdictional basis for the suit.
RESPONSE: Jurisdiction is premised on diversity of citizenship as Plaintiff is a citizen of Texas and Defendant is a citizen of Oklahoma.
3. A list of the correct names of the parties to this action and any anticipated additional or potential parties.
RESPONSE: The Parties are named correctly herein. The Parties do not anticipate any additional parties.
4. A list of any cases related to this case pending in any state or federal court, identifying the case numbers and courts along with an explanation of the status of those cases.
RESPONSE: The Parties are not aware of any related cases.
5. Confirm that initial mandatory disclosure required by Rule 26(a)(1) and this order has been completed.
RESPONSE: Plaintiff served initial mandatory disclosures on May 2, 2022. Defendant served initial mandatory disclosures on May 16, 2022.
6. Proposed scheduling order deadlines.
RESPONSE: See Exhibit A, the Proposed Scheduling Order.
7. Describe in accordance with Rule 26(f):
(i) The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues.
RESPONSE: Discovery may be needed on the loan history and Plaintiff’s payments, failure to make payments and request for assistance. Discovery can be completed by October 5, 2022. It will not be necessary to conduct discovery in phases as the issues herein are relatively straightforward.
(ii) Any issues relating to disclosure or discovery of electronically stored information (“ESI”), including the form or forms in which it should be produced (whether native or some other reasonably usable format) as well as any methodologies for identifying or culling the relevant and discoverable ESI.
Any disputes regarding ESI that counsel for the parties are unable to resolve during conference must be identified in the report.
RESPONSE: The Parties agree to exchange ESI in pdf or paper format.
(iii) Any agreements or disputes relating to asserting claims of privilege or preserving discoverable information, including electronically stored information and any agreements reached under Federal Rule of Evidence 502 (such as the potential need for a protective order and any procedures to which the parties might agree for handling inadvertent production of privileged information and other privilege waiver issues). A party asserting that any information is confidential should immediately apply to the court for entry of a protective order. Unless a request is made for modification, the court will use the form found on the Eastern District website.
RESPONSE: The Parties do not anticipate issues concerning these topics. At this time, there are no causes of action asserted herein that will require the release of privileged material.
(iv) Any changes that should be made in the limitations on discovery imposed by the Rules, whether federal or local, and other limitations that should be imposed.
RESPONSE: No changes.
(v) Whether any other orders should be entered by the Court pursuant to Federal Rule of Civil Procedure 26(c) or 16(b), (c).
RESPONSE: None.
8. State the progress made toward settlement, and the present status of settlement negotiations, including whether a demand and offer has been made. If the parties have agreed upon a mediator, also state the name, address, and phone number of that mediator, and a proposed deadline for mediation. An early date is encouraged to reduce expenses. The Court will appoint a mediator if none is agreed upon.
RESPONSE: The Parties have conducted some informal settlement negotiations at this time and are leaving the lines of communication open.
9. The identity of persons expected to be deposed.
RESPONSE: Plaintiff and Corporate Representative of Defendant.
10. Estimated trial time and whether a jury demand has been timely made.
RESPONSE: The Parties estimate that trial will require one day. No jury demand has been made.
11. The names of the attorneys who will appear on behalf of the parties at the management conference (the appearing attorney must be an attorney of record and have full authority to bind the client).
RESPONSE: Robert C. Newark, III will appear on behalf of Plaintiff.
Shelley L. Hopkins or Robert D. Forster, II will appear on behalf of Defendant.
12. Whether the parties jointly consent to trial before a magistrate judge.
RESPONSE: Plaintiff does consent to trial before a magistrate judge.
Defendant does not consent to trial before a magistrate judge.
13. Any other matters that counsel deem appropriate for inclusion in the joint conference report or that deserve the special attention of the Court at the management conference.
RESPONSE: None at this time.
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
(972) 341-0734 (Facsimile)
RobertFO@bdfgroup.com
ATTORNEYS FOR DEFENDANT
By: /s/ Robert C. Newark, III
Robert C. Newark, III
State Bar No. 24040097
A Newark Firm
1341 W. Mockingbird Lane,
Suite 600W Dallas, Texas 75247
Tel: (866) 230-7236
Fax: (88) 316-3398
office@newarkfirm.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of May 2022, 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:
VIA ECF:
Robert C. Newark, III A Newark Firm
1341 W. Mockingbird Lane,
Suite 600W Dallas, Texas 75247
office@newarkfirm.com
ATTORNEYS FOR PLAINTIFF
/s/ Shelley L. Hopkins
Shelley L. Hopkins
Russell Cox
Property & Casualty Consultant at USI Insurance Services | Advising on Capital-Efficient Insurance and Risk Management
My team analyzes client business issues and challenges leveraging USI ONE™, a proprietary platform integrating analytics, networked resources and strategic planning to deliver highly customized solutions with economic impact.
USI’s property and casualty team provides risk management and insurance advice on broad risk exposures including:
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• Property Coverage
• General Liability
• Auto Liability
• Umbrella/Excess
• Management Professional Services (MPS)
• Environmental
• Product Liability
• International
• Claims & Risk Control and more.
Our integrated client centered account teams specialize in risk management solutions for industries including Industrial and Construction:
Experience the USI ONE Advantage® and learn how our property & casualty practice offers highly specialized solutions and services to identify, quantify and eliminate exposures for total cost of risk management. To learn more about USI, our capabilities, and our resources, please contact me at russell.cox@usi.com or 214-443-3212. www.usi.com/property-casualty/
Cenlar FSB Lawsuits Filed in Texas Federal Courts for Year 2022
LIT takes a very close look at why Cenlar FSB are still hiring BDF Hopkins as counsel in foreclosure matters in Texas.
PHH Mortgage Corporation Lawsuits Filed in Texas Federal Courts for Year 2022
The first noticeable fact is that PHH Mortgage Corporation cases have a set list of foreclosure mill counsel with no room for BDF Hopkins.
Lakeview Loan Servicing LLC Lawsuits Filed in Texas Federal Courts for Year 2022
LIT takes a very close look at why Lakeview Loan Servicing LLC are still hiring BDF Hopkins as counsel in foreclosure matters in Texas.
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00310-ALM
Create an Alert for This Case on RECAP
| Cox v. First United Bank & Trust Company Assigned to: District Judge Amos L. Mazzant, III
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 04/14/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Russel A. Cox | represented by | Robert Clarence Newark , III A Newark Firm 1341 W. Mockingbird Lane Suite 600W Dallas, TX 75247 866-230-7236 Fax: 888-316-3398 Email: office@newarkfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| First United Bank & Trust Company | represented by | Robert 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 |
|---|---|---|
| 04/14/2022 | 1 | NOTICE OF REMOVAL by First United Bank & Trust Company from 471st Judicial District Court, Collin County, Texas, case number 471-01571-2022. (Filing fee $ 402 receipt number 0540-8875985), filed by First United Bank & Trust Company. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Hopkins, Shelley) (Entered: 04/14/2022) |
| 04/14/2022 | 2 | CORPORATE DISCLOSURE STATEMENT filed by First United Bank & Trust Company (Hopkins, Shelley) (Entered: 04/14/2022) |
| 04/14/2022 | 3 | ***FILED IN STATE COURT*** COMPLAINT against First United Bank & Trust Company, filed by Russel A. Cox.(daj, ) (Entered: 04/14/2022) |
| 04/14/2022 | 4 | ***FILED IN STATE COURT*** ANSWER to Complaint by First United Bank & Trust Company.(daj, ) (Entered: 04/14/2022) |
| 04/21/2022 | 5 | ORDER AND ADVISORY. Signed by District Judge Amos L. Mazzant, III on 4/21/2022. (daj, ) (Entered: 04/21/2022) |
| 04/22/2022 | 6 | ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 5/27/2022. Scheduling Conference set for 6/10/2022 03:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 4/22/2022. (daj, ) (Entered: 04/22/2022) |
