Sweeney v. NewRez, LLC
(4:22-cv-00255)
District Court, S.D. Texas
JAN 25, 2022 | REPUBLISHED BY LIT: MAR 11, 2022
This case has been updated along with the new lawsuit filed by the Sweeneys’ and their new counsel.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255
Create an Alert for This Case on RECAP
| Sweeney et al v. NewRez, LLC Assigned to: Judge Andrew S Hanen Demand: $300,775,000
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 01/25/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/20/2022 | 10 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by NewRez, LLC, filed. (Attachments: # 1 Proposed Order [Proposed] Scheduling Order)(Cho, Justin) (Entered: 07/20/2022) |
| 07/21/2022 | 11 | ORDER denying 7 Motion to Remand.(Signed by Judge Andrew S Hanen) Parties notified.(rguerrero, 4) (Entered: 07/22/2022) |
| 08/11/2022 | 12 | MINUTE ENTRY ORDER: The Court conducted the Initial Conference and entered a Scheduling Order. Appearances: Justin Kyueun Cho, David Miller Medearis. Ct Reporter: ERO. Digital Number: 11:07-11:08AM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 08/11/2022) |
| 08/11/2022 | 13 | SCHEDULING ORDER. ETT: 2 days. Bench. Amended Pleadings due by 11/1/2022. Joinder of Parties due by 11/1/2022 Pltf Expert Witness List due by 3/1/2023. Pltf Expert Report due by 3/1/2023. Deft Expert Witness List due by 4/3/2023. Deft Expert Report due by 4/3/2023. Discovery due by 7/3/2023. Dispositive Motion Filing due by 8/1/2023. Non-Dispositive Motion Filing due by 10/2/2023. Responses due by 8/31/2023. Joint Pretrial Order due by 1/29/2024. Final Pretrial Conference set for 2/26/2024 at 01:30 PM in Courtroom 9C before Judge Andrew S Hanen Jury Trial set for 3/11/2024 at 09:00 AM in Courtroom 9C before Judge Andrew S Hanen(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 08/11/2022) |
| 10/10/2022 | 14 | INITIAL DISCLOSURES by Jill Sweeney, Patrick Sweeney, filed.(Medearis, David Miller) (Entered: 10/10/2022) |
| 10/11/2022 | 15 | MOTION for 28 USC 1927 Sanctions by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 11/1/2022. (mmarquez, 5) (Entered: 10/11/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/11/2022 21:00:32 |
It’s been remanded to state court as there’s a Rule 11 letter from the Sweeney’s lawyer on May 23, 2022 asking for time until Jun 9 to file a response. He’s missed that deadline. We will keep tracking the case(s).
Motion and responses to Motion to Remand fully briefed, waiting for Judge Hanen to rule.
Last entry on May 2, 2022; Set/Reset Deadlines/Hearings
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255
Create an Alert for This Case on RECAP
| Sweeney et al v. NewRez, LLC Assigned to: Judge Andrew S Hanen Demand: $300,775,000
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 01/25/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/15/2022 | 8 | RESPONSE in Opposition to 7 MOTION to Remand, filed by NewRez, LLC. (Attachments: # 1 Exhibit 1 – Harris County Appraisal District Valuation of Property, # 2 Proposed Order [Proposed] Order Denying Plaintiffs’ Motion to Remand)(Cho, Justin) (Entered: 03/15/2022) |
| 03/31/2022 | 9 | PROPOSED ORDER re: 7 MOTION to Remand, filed.(Medearis, David Miller) (Entered: 03/31/2022) |
NOTICE OF REMOVAL TO FEDERAL COURT
TO THE HONORABLE JUDGE OF THE 113TH JUDICIAL DISTRICT COURT:
Please take notice that in accordance with federal law, Defendant, NewRez, LLC, f/k/a New Penn Financial LLC, d/b/a Shellpoint Mortgage Servicing (“Defendant”), has filed with the clerk of the United States District Court for the Southern District of Texas, Houston Division, a Notice of Removal as of today, January 24, 2022 (“Notice”). A true and correct copy of the Notice is attached as Exhibit 1 and filed with this document. Accordingly, this action is removed
to the United States District Court for the Southern District of Texas, Houston Division. This Court is respectfully requested to proceed no further in this cause, unless and until such time as the action may be remanded by order of the United States District Court.
Respectfully submitted,
$3 billion dollar fined and admonished Ocwen are apparently stars per @FannieMae
That says a lot about the conservatorship leadership at @FHFA when you read this:https://t.co/8MquWMVLO9
– just ask @Moelis
— lawsinusa (@lawsinusa) March 10, 2022
/s/ Justin K. Cho
Allen Smith
Texas Bar I.D. 18616900
asmith@settlepou.com
Jeremy J. Overbey
Texas Bar I.D. 24046570
joverbey@settlepou.com
Justin K. Cho
Texas Bar I.D. 24101618
jcho@settlepou.com
SETTLEPOU
3333 Lee Parkway,
Eighth Floor Dallas,
Texas 75219
(214) 520-3300
(214) 526-4145 (Facsimile)
ATTORNEYS FOR DEFENDANT NEWREZ, LLC
Certificate of Service
I certify that this document was served in accordance with the Texas Rules of Civil Procedure on January 25, 2022, by the manner indicated upon the following persons:
Via E-Service:
David M. Medearis
Douglas ‘Doug’ Downing
Sullins, Johnston, Rohrbach & Magers 3200 Southwest Freeway, Suite 2200
Houston, Texas 77027
dmedearis@sjrm.com
ATTORNEYS FOR PLAINTIFFS
/s/ Justin K. Cho
Justin K. Cho
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Tracy Goode on behalf of Justin Cho
Bar No. 24101618
tgoode@settlepou.com
Envelope ID: 61138189
Status as of 1/25/2022 4:04 PM CST
Case Contacts
| Name | BarNumber | TimestampSubmitted | Status | |
| Justin K.Cho | jcho@settlepou.com | 1/25/2022 3:39:34 PM | SENT | |
| J. Allen Smith | asmith@settlepou.com | 1/25/2022 3:39:34 PM | SENT | |
| Jeremy J. Overbey | joverbey@settlepou.com | 1/25/2022 3:39:34 PM | SENT | |
| Alexa Rivera | ARivera@sjrm.com | 1/25/2022 3:39:34 PM | SENT | |
| Doug Downing | ddowning@sjrm.com | 1/25/2022 3:39:34 PM | SENT | |
| David Medearis | dmedearis@sjrm.com | 1/25/2022 3:39:34 PM | SENT |
The Distressed Sweeney’s Return to Court with Absentee Defense Lawyer Gannon the Cannon
After dismissal of their federal lawsuit and termination of relationship with lawyer Dave Medearis, the Sweeney’s hire J GANNON HELSTOWSKI.
Emplify LLC’s Chase Foreman Appears Pro Se in Foreclosure Proceedings for Investment Property
Previously Acting Pro Se for His LLC, Foreman Faces Legal Challenges Under Texas Law when trying to stop foreclosure of business property.
Vihn Truong and Alter Ego Vindustrialist LLC Hires Bandit Lawyer Clay Vilt and Will Jennings of SettlePou
Vihn Truong returns with another property facing foreclosure and another Bandit foreclosure defense lawyer in Harris County.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-00255
Create an Alert for This Case on RECAP
| Sweeney et al v. NewRez, LLC Assigned to: Judge Andrew S Hanen Demand: $300,775,000
Cause: 28:1332 Diversity-Injunctive & Declaratory Relief |
Date Filed: 01/25/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Plaintiff | ||
| Patrick Sweeney | represented by | David Miller Medearis Medearis Law Firm, PLLC 1560 W Bay Area Blvd., Suite 304 Friendswood, TX 77546 281-224-7481 Fax: 713-521-3242 Email: David@medearislaw.com (Inactive) LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Douglas Downing Sullins Johnston et al 3200 Southwest Freeway Ste 2200 Houston, TX 77027 713-521-0221 Fax: 713-521-3242 Email: ddowning@sjrm.com TERMINATED: 02/21/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Jill Sweeney | represented by | David Miller Medearis Medearis Law Firm, PLLC 1560 W Bay Area Blvd., Suite 304 Friendswood, TX 77546 281-24-7481 Fax: 713-521-3242 Email: david@medearislaw.com (Inactive) LEAD ATTORNEY ATTORNEY TO BE NOTICEDRobert Douglas Downing (See above for address) TERMINATED: 02/21/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| NewRez, LLC New Rez, LLC d/b/a Shellpoint Mortgage Servicing |
represented by | J Allen Smith Settle Pou 3333 Lee Parkway 8th Flr Dallas, TX 75219 214-520-3300 Fax: 214-526-4145 Email: asmith@settlepou.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJeremy Jason Overbey 3333 Lee Parkway 8th Fl Dallas, TX 75219 214-520-3300 Email: joverbey@settlepou.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJustin Kyueun Cho SettlePou 3333 Lee Parkway Fl 8 Dallas, TX 75219 214-520-3300 Email: jcho@settlepou.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/25/2022 | 1 | NOTICE OF REMOVAL from 113th Judicial District of Harris County, Texas, case number 2021-84227 (Filing fee $ 402 receipt number 0541-27653868) filed by NewRez, LLC. (Attachments: # 1 Exhibit A – Index of Exhibits, # 2 Exhibit B – Copy of State Court Docket Sheet, # 3 Exhibit C1 – Civil Process Request, # 4 Exhibit C2 – Proposed Temporary Restraining Order, # 5 Exhibit C3 – Petition, # 6 Exhibit C4 – Temporary Restraining Order, # 7 Exhibit C5 – Citation, # 8 Exhibit C6 – Cash Deposit of Bond, # 9 Exhibit C7 – Clerk’s Certificate of Cash Deposit, # 10 Exhibit C8 – Request for Issuance of Service of TRO, # 11 Exhibit C9 – Cover Letter for Bond Approval Fee, # 12 Exhibit C10 – Certified Mail Receipt, # 13 Exhibit C11 – Defendant’s Original Answer, # 14 Exhibit D – Federal Civil Cover Sheet, # 15 Exhibit E – List of Counsel of Record, # 16 Exhibit F – Harris County Appraisal District Valuation)(Cho, Justin) (Entered: 01/25/2022) |
| 01/26/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/10/2022 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(ShannonHoldenadi, 4) (Entered: 01/26/2022) |
| 01/31/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by NewRez, LLC, filed.(Cho, Justin) (Entered: 01/31/2022) |
| 02/09/2022 | 4 | CERTIFICATE OF INTERESTED PARTIES by Jill Sweeney, Patrick Sweeney, filed.(Medearis, David Miller) (Entered: 02/09/2022) |
| 02/15/2022 | 5 | Unopposed MOTION to Substitute Law Firm for Plaintiff’s Counsel by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 3/8/2022. (Attachments: # 1 Proposed Order Motion to Substitute Law Frim Plaintiff’s Counsel)(Medearis, David Miller) (Entered: 02/15/2022) |
| 02/21/2022 | 6 | ORDER granting 5 Motion to Substitute Law Firm for Plaintiffs’ Counsel..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 02/23/2022) |
| 02/25/2022 | 7 | MOTION to Remand by Jill Sweeney, Patrick Sweeney, filed. Motion Docket Date 3/18/2022. (Attachments: # 1 Exhibit Exhibit A – Original Petition)(Medearis, David Miller) (Entered: 02/25/2022) |
