LIT UPDATE
Apr. 1, 2024
As detailed today in a related BDF Hopkins case, these proceedings, commenced by Popp in state court with the assistance of counsel has proceeded in federal court without an injunction in place since Oct 2022. Popp’s counsel withdrew very early in proceedings and Popp has been pro se ever since that time, Nov. 2022.
This removal does not qualify as a 736 automatic stay because in the state court case, Popp did not comply with the requirements to benefit from an automatic stay, nor does it appear he was expecting one (applying for and obtaining a TRO).
In short, there was no reason Popp’s home could not be reset for non judicial foreclosure during these 18 months in federal court.
NOW COMES Bryan C. Popp (“Plaintiff”) and New Residential Mortgage, LLC and Loancare, LLC (“Defendants”) and hereby file this his agreed Stipulation of Dismissal Without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), and in support thereof would respectfully show unto the Court the following:
- The parties have reached an agreement to fully compromise and settle all claims and controversies arising under this civil action and agree that Plaintiff dismiss the above civil case, without prejudice, pursuant to Fed. R. Civ. P. Rule 41(a)(1)(A)(ii).
- The parties also agree that all costs of court and attorney’s fees incurred shall be borne by the party incurring the same.
WHEREFORE, Plaintiff hereby respectfully request that the Court enter an Order dismissing the above civil case, without prejudice, and for such other and further relief to which the parties may be justly entitled.
Respectfully submitted,
/s/_ Bryan C Popp
Bryan C. Popp, Pro Se
LIT UPDATE
Feb. 1, 2024
CA1’s Julie Rikelman: “The procedural errors affected Triantos’s substantial rights here…”
LIT: “Judge, can we share a laundry list of procedural errors in the Burke cases that have, and are affecting substantial rights for the last several years?”https://t.co/WVQCzbXsLP
— lawsinusa (@lawsinusa) February 1, 2024
202309329
WEST MEMORIAL CIVIC ASSOCIATION vs. POPP, BRYAN C
FEB 13, 2023 | REPUBLISHED BY LIT: FEB 13, 2023
Jun 21, SEP 13, OCT 2, DEC 3, 2023
FEB 1, 2024
NO MOVEMENT SINCE MAY – JUDGE REFUSES TO DWOP.
CASE SCHEDULED FOR DWOP’D ON DEC 4, 2023
Last visit and/or update.
Screenshot: Feb. 26, 2023
DISMISSED FOR WANT OF PROSECUTION – NO COSTS ALLOCATED
NOTICE OF INTENT TO DISMISS – NO ANSWER FILED
| Style | File Date | Court | Case Region | Type Of Action / Offense | ||
| 202260499- 7 Disposed (Final) |
POPP, BRYAN C vs. NEW RESIDENTIAL MORTGAGE LLC | 9/21/2022 | 234 | Civil | Other Property | |
| 202256145- 7 Disposed (Final) |
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| 202000013- 7 Disposed (Final) |
BAXTER, RAYMOND E vs. NATIONSTAR MORTGAGE LLC (D/B/A CHAMPION MORTGAGE COMPANY) |
1/2/2020 | 061 | Civil | Debt / Contract – Other | |
| 201985543- 7 Disposed (Final) |
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| 201984930- 7 Disposed (Final) |
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| 201901192- 7 Disposed (Final) |
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| 201885578- 7 Disposed (Final) |
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11/30/2018 | 055 | Civil | Other Property | |
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MAHAFFEY, MANSON GUY (JR) vs. ZB N A (SUCCESSOR BY MERGER TO AMEGY BANK N A) | 9/26/2018 | 269 | Civil | Other Property | |
| 201859534- 7 Disposed (Final) |
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8/31/2018 | 270 | Civil | Foreclosure – Other | |
| 201838660- 7 Disposed (Final) |
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| 201837029- 7 Disposed (Final) |
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| 201736861- 7 Disposed (Final) |
KHAN, ALI vs. NATIONSTAR MORTGAGE LLC |
6/1/2017 | 215 | Civil | Debt / Contract – Other | |
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| 201628384- 7 Disposed (Final) |
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| 201701064- 7 Disposed (Final) |
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12/31/2009 | 125 | Civil | GARNISHMENT (AFTER JUDGMENT) | |
| 200769987B- 7 Disposed (Final) |
FIDELITY NATIONAL TITLE INSURANCE COMPAN vs. BANK OF AMERICA N A | 12/31/2009 | 125 | Civil | GARNISHMENT (AFTER JUDGMENT) | |
| 200807466B- 7 Disposed (Final) |
FIDELITY NATIONAL TITLE INSURANCE COMPANY vs. WELLS FARGO BANK N A (FINANCIAL INSTITUTION) |
11/9/2009 | 295 | Civil | GARNISHMENT (AFTER JUDGMENT) | |
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| 200732785- 7 Disposed (Final) |
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11/20/1998 | 190 | Civil | PRODUCTS LIABILITY | |
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TONNESSEN, CAROLYN SUE vs. CLEAR LAKE REGIONAL MEDICAL CENTER INC | 9/29/1995 | 133 | Civil | PERSONAL INJURY (NON-AUTO) | |
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8/31/1995 | 151 | Civil | DAMAGES (ON PREMISES) |
Why is a Republican Judge giving Biden a seat choice at SDTX? And why “all” cases when workload is only reduced for Snr Judges?
— lawsinusa (@lawsinusa) February 14, 2023
Popp v. New Residential Mortgage, LLC
(4:22-cv-03477)
District Court, S.D. Texas, Judge Lynn “I’ll Conduct the Foreclosure Sale Myself” Hughes
OCT 10, 2022
CASE REASSIGNED TO Judge Drew B Tipton
Jun 21, SEP 13, OCT 2, 2023
FEB 1, 2024
Last visit and/or update.
DEC 1, 2022, JUDGE LYNN HUGHES WROTE...
Judge Tipton strikes Hopkins filing and deadlines reset on Aug 24. – No movement since.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03477
| Popp v. New Residential Mortgage, LLC et al Assigned to: Judge Drew B Tipton
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 10/10/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/20/2022 | 12 | ORDER on Motion to Dismiss. For the reasons set forth in the Court’s opinion, the defendants’ motion to dismiss succeeds in part and fails in part 4 . By 2/10/2023, Popp may file an amended complaint or notify the Court that he intends to stand on his current pleadings. Internal review set for 2/13/2023(Signed by Judge Lynn N Hughes) Parties notified. (CrystinaHuerta, 4) (Entered: 12/20/2022) |
| 02/10/2023 | 13 | MOTION for Extension of Time to Amend Complaint by Bryan C. Popp, filed. Motion Docket Date 3/3/2023. (DarleneHansen, 4) (Entered: 02/10/2023) |
| 02/10/2023 | 14 | ADDENDUM to 13 Motion for Extension of Time (KelliePapaioannou, 2). (Entered: 02/10/2023) |
| 02/13/2023 | 15 | NOTICE of Reassignment to Judge Drew B Tipton, pursuant to General Order No. 2023-3. Deadlines in scheduling orders remain in effect Judge Lynn N Hughes no longer assigned to the case. Parties notified, filed. (DawnaKelly, 4) (Entered: 02/13/2023) |
| 04/26/2023 | 16 | ORDER granting 13 MOTION for Extension of Time to Amend Complaint. Amended Pleadings due by 5/26/2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 04/27/2023) |
| 07/31/2023 | 17 | MOTION to Compel Initial Disclosures and Responses to Interrogatories and Requests for Production by LoanCare, LLC, filed. Motion Docket Date 8/21/2023. (Attachments: # 1 Exhibit)(Hopkins, Mark) (Entered: 07/31/2023) |
| 07/31/2023 | 18 | ORDER striking 17 Motion to Compel. The Parties shall confer and submit a Proposed Scheduling Order no later than August 18, 2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 07/31/2023) |
| 08/18/2023 | 19 | Joint RESPONSE to 18 Order on Motion to Compel , filed by LoanCare, LLC, New Residential Mortgage, LLC. (Attachments: # 1 Exhibit A)(Hopkins, Mark) (Entered: 08/18/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/13/2023 00:37:09 |
Order on Motion for Extension of Time
Amended Complaint/Counterclaim/Crossclaim etc.
Now acting pro se, Bryan Popp’s affidavit asking for help to settle this foreclosure won’t fly with either admonished, admonished and admonished again Judge Lynn Hughes, nor with rogue attorney Mark Hopkins or Codilis attorney Gladney.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03477
Create an Alert for This Case on RECAP
| Popp v. New Residential Mortgage, LLC et al Assigned to: Judge Lynn N Hughes
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 10/10/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/28/2022 | 7 | MOTION for Milan G. Marinkovich and Kyle J. Moore to Withdraw as Attorney by Bryan C. Popp, filed. Motion Docket Date 12/19/2022. (Attachments: # 1 Proposed Order)(DarleneHansen, 4) (Entered: 11/29/2022) |
| 11/29/2022 | 8 | ORDER on Withdrawal. Milan G. Marinkovich and Kyle J. Moore are fully withdrawn as counsel for Popp 7 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 11/29/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 11/30/2022 17:21:24 |
Order: Initial Conference set for 11/30/2022 at 03:30 PM in Courtroom 11C before Judge Lynn N Hughes.
The majority of federal judges are scheduling for 90 days, e.g. next year now.
Hughes wants to attend and conduct a Christmas foreclosure himself.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-03477
Create an Alert for This Case on RECAP
| Popp v. New Residential Mortgage, LLC et al Assigned to: Judge Lynn N Hughes
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 10/10/2022 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/17/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by LoanCare, LLC, New Residential Mortgage, LLC, filed.(Hopkins, Mark) (Entered: 10/17/2022) |
| 10/17/2022 | 4 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by LoanCare, LLC, New Residential Mortgage, LLC, filed. Motion Docket Date 11/7/2022. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Hopkins, Mark) (Entered: 10/17/2022) |
| 10/27/2022 | 5 | Order: Initial Conference set for 11/30/2022 at 03:30 PM in Courtroom 11C before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 10/27/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/29/2022 19:08:11 |
Case removed to Federal Court.
Popp v. New Residential Mortgage, LLC (4:22-cv-03477)
District Court, S.D. Texas, Judge Lynn Hughes (who just had Shelley Hopkins in his Chambers)
Oct 18, 2022 Update
Some things never gonna change in federal court while the corrupt guard in place, like the premature motions to dismiss.
Gone are the Appellate Days, Austin Lawyer Mark Hopkins is now workin’ for Codilis to Pay Rent and Alimoney. https://t.co/bpfr4e9ixQ
— lawsinusa (@lawsinusa) October 11, 2022
202260499
POPP, BRYAN C vs. NEW RESIDENTIAL MORTGAGE LLC
SEP 21, 2022 | REPUBLISHED BY LIT: OCT 11, 2022
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